Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2020/0381 (NLE)**

**Brussels, 19 April 2021**
**(OR. en)**

**5198/21**

**ADD 3**

**UK 6**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: Trade and Cooperation Agreement between the European Union and the
European Atomic Energy Community, of the one part, and the United
Kingdom of Great Britain and Northern Ireland, of the other part

5198/21 ADD 3 PS/IC/di
# GSC.GIP.TFUK  EN

**ANNEX 19**

EXISTING MEASURES

Headnotes

1. The Schedules of the United Kingdom and the Union set out, under Articles 133, 139 and 195

of this Agreement, the reservations taken by the United Kingdom and the Union with respect

to existing measures that do not conform with obligations imposed by:

(a) Article 128 or 135 of this Agreement;

(b) Article 136 of this Agreement;

(c) Article 129 or 137 of this Agreement;

(d) Article 130 or 138 of this Agreement;

(e) Article 131 of this Agreement;

(f) Article 132 of this Agreement; or

(g) Article 194 of this Agreement.

EU/UK/TCA/Annex 19-24/en 1

2. The reservations of a Party are without prejudice to the rights and obligations of the Parties

under GATS.

3. Each reservation sets out the following elements:

(a) "sector" refers to the general sector in which the reservation is taken;

(b) "sub-sector" refers to the specific sector in which the reservation is taken;

(c) "industry classification" refers, where applicable, to the activity covered by the

reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in

that reservation;

(d) "type of reservation" specifies the obligation referred to in paragraph 1 for which a

reservation is taken;

(e) "level of government" indicates the level of government maintaining the measure for

which a reservation is taken;

(f) "measures" identifies the laws or other measures as qualified, where indicated, by the

"description" element for which the reservation is taken. A "measure" cited in the

"measures" element:

EU/UK/TCA/Annex 19-24/en 2

(i) means the measure as amended, continued or renewed as of the date of entry into

force of this Agreement;

(ii) includes any subordinate measure adopted or maintained under the authority of

and consistent with the measure; and

(iii) in respect of the Schedule of the Union, includes any laws or other measures

which implement a directive at Member State level; and

(g) "description" sets out the non-conforming aspects of the existing measure for which the

reservation is taken.

4. For greater certainty, if a Party adopts a new measure at a level of government different to

–
that at which the reservation was originally taken, and this new measure effectively replaces

–
within the territory to which it applies the non-conforming aspect of the original measure

cited in the "measures" element, the new measure shall be deemed to constitute

"modification" to the original measure within the meaning of point (c) of Article 133(1),

point (c) of Article 139(1), point (c) of Article 144 and point (c) of Article 195(1) of this

Agreement.

5. In the interpretation of a reservation, all elements of the reservation shall be considered. A

reservation shall be interpreted in the light of the relevant obligations of the Chapters or

Sections against which the reservation is taken. The "measures" element shall prevail over all

other elements.

EU/UK/TCA/Annex 19-24/en 3

6. For the purposes of the Schedules of the United Kingdom and the Union:

(a) "ISIC Rev. 3.1" means the International Standard Industrial Classification of All

Economic Activities as set out in Statistical Office of the United Nations, Statistical

Papers, Series M, No.4, ISIC Rev. 3.1, 2002;

(b) "CPC" means the Provisional Central Product Classification (Statistical Papers, Series

M No. 77, Department of International Economic and Social Affairs, Statistical Office

of the United Nations, New York, 1991).

7. For the purposes of the Schedules of the United Kingdom and the Union, a reservation for a

requirement to have a local presence in the territory of the Union or the United Kingdom is

taken against Article 136 of this Agreement, and not against Article 135 or 137 of this

Agreement. Furthermore, such a requirement is not taken as a reservation against Article 129

of this Agreement.

EU/UK/TCA/Annex 19-24/en 4

8. A reservation taken at the level of the Union applies to a measure of the Union, to a measure

of a Member State at the central level or to a measure of a government within a Member

State, unless the reservation excludes a Member State. A reservation taken by a Member State

applies to a measure of a government at the central, regional or local level within that Member

State. For the purposes of the reservations of Belgium, the central level of government covers

the federal government and the governments of the regions and the communities as each of

them holds equipollent legislative powers. For the purposes of the reservations of the Union

and its Member States, a regional level of government in Finland means the Åland Islands. A

reservation taken at the level of the United Kingdom applies to a measure of the central

government, a regional government or a local government.

9. The list of reservations below does not include measures relating to qualification requirements

and procedures, technical standards and licensing requirements and procedures where they do

not constitute a limitation within the meaning of Article 128, 129, 135, 136, 137 or 194 of this

Agreement. These measures may include, in particular, the need to obtain a licence, to satisfy

universal service obligations, to have recognised qualifications in regulated sectors, to pass

specific examinations, including language examinations, to fulfil a membership requirement

of a particular profession, such as membership in a professional organisation, to have a local

agent for service, or to maintain a local address, or any other non-discriminatory requirements

that certain activities may not be carried out in protected zones or areas. While not listed, such

measures continue to apply.

EU/UK/TCA/Annex 19-24/en 5

10. For greater certainty, for the Union, the obligation to grant national treatment does not entail

the requirement to extend to natural or legal persons of the United Kingdom the treatment

granted in a Member State, pursuant to the Treaty on the Functioning of the European Union,

or any measure adopted pursuant to that Treaty, including their implementation in the

Member States, to:

(i) natural persons or residents of another Member State; or

(ii) legal persons constituted or organised under the law of another Member State or of the

Union and having their registered office, central administration or principal place of

business in the Union.

11. Treatment granted to legal persons established by investors of a Party in accordance with the

law of the other Party (including, in the case of the Union, the law of a Member State) and

having their registered office, central administration or principal place of business within that

other Party, is without prejudice to any condition or obligation, consistent with Chapter 2 of

Title II of Heading One of Part Two of this Agreement, which may have been imposed on

such legal person when it was established in that other Party, and which shall continue to

apply.

12. The Schedules apply only to the territories of the United Kingdom and the Union in

accordance with Article 520(2) and Article 774 of this Agreement and are only relevant in the

context of trade relations between the Union and its Member States with the United Kingdom.

They do not affect the rights and obligations of the Member States under Union law.

EU/UK/TCA/Annex 19-24/en 6

13. For greater certainty, non-discriminatory measures do not constitute a market access

limitation within the meaning of Article 128, 135 or 194 of this Agreement for any measure:

(a) requiring the separation of the ownership of infrastructure from the ownership of the

goods or services provided through that infrastructure to ensure fair competition, for

example in the fields of energy, transportation and telecommunications;

(b) restricting the concentration of ownership to ensure fair competition;

(c) seeking to ensure the conservation and protection of natural resources and the

environment, including a limitation on the availability, number and scope of

concessions granted, and the imposition of a moratorium or ban;

(d) limiting the number of authorisations granted because of technical or physical

constraints, for example telecommunications spectra and frequencies; or

(e) requiring that a certain percentage of the shareholders, owners, partners, or directors of

an enterprise be qualified or practice a certain profession such as lawyers or

accountants.

EU/UK/TCA/Annex 19-24/en 7

14. With respect to financial services: Unlike foreign subsidiaries, branches established directly in

a Member State by a non-European Union financial institution are not, with certain limited

exceptions, subject to prudential regulations harmonised at Union level which enable such

subsidiaries to benefit from enhanced facilities to set up new establishments and to provide

cross-border services throughout the Union. Therefore, such branches receive an authorisation

to operate in the territory of a Member State under conditions equivalent to those applied to

domestic financial institutions of that Member State, and may be required to satisfy a number

of specific prudential requirements such as, in the case of banking and securities, separate

capitalisation and other solvency requirements and reporting and publication of accounts

requirements or, in the case of insurance, specific guarantee and deposit requirements, a

separate capitalisation, and the localisation in the Member State concerned of the assets

representing the technical reserves and at least one third of the solvency margin.

The following abbreviations are used in the list of reservations below:

UK United Kingdom

EU European Union, including all its Member States

AT Austria

BE Belgium

BG Bulgaria

CY Cyprus

EU/UK/TCA/Annex 19-24/en 8

CZ Czechia

DE Germany

DK Denmark

EE Estonia

EL Greece

ES Spain

FI Finland

FR France

HR Croatia

HU Hungary

IE Ireland

IT Italy

LT Lithuania

LU Luxembourg

LV Latvia

MT Malta

EU/UK/TCA/Annex 19-24/en 9

NL The Netherlands

PL Poland

PT Portugal

RO Romania

SE Sweden

SI Slovenia

SK Slovak Republic

EU/UK/TCA/Annex 19-24/en 10

Schedule of the Union

Reservation No. 1 - All sectors

Reservation No. 2 - Professional services (except health-related professions)

Reservation No. 3 - Professional services (health related and retail of pharmaceuticals)

Reservation No. 4 - Research and development services

Reservation No. 5 - Real estate services

Reservation No. 6 - Business services

Reservation No. 7 - Communication services

Reservation No. 8 - Construction Services

Reservation No. 9 - Distribution services

Reservation No. 10 - Education services

Reservation No. 11 - Environmental services

Reservation No. 12 - Financial Services

EU/UK/TCA/Annex 19-24/en 11

Reservation No. 13 - Health services and social services

Reservation No. 14 - Tourism and travel related services

Reservation No. 15 - Recreational, cultural and sporting services

Reservation No. 16 - Transport services and services auxiliary to transport services

Reservation No. 17 - Energy related activities

Reservation No. 18 - Agriculture, fishing and manufacturing

EU/UK/TCA/Annex 19-24/en 12

Reservation No. 1 - All sectors

Sector: All sectors

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Performance requirements

Senior management and boards of directors

Obligations for legal services

Chapter/Section: Investment liberalisation; Cross-border trade in services and

Regulatory framework for legal services

Level of government: EU/Member State (unless otherwise specified)

Description:

(a) Type of establishment

–
With respect to Investment liberalisation National treatment and Regulatory framework for legal

services – Obligations:

EU/UK/TCA/Annex 19-24/en 13

The EU: Treatment granted pursuant to the Treaty on the Functioning of the European Union to

legal persons formed in accordance with the law of the Union or of a Member State and having their

registered office, central administration or principal place of business within the Union, including

those established in the Union by investors of the United Kingdom, is not accorded to legal persons

established outside the Union, nor to branches or representative offices of such legal persons,

including to branches or representative offices of legal persons of the United Kingdom.

Treatment less favourable may be accorded to legal persons formed in accordance with the law of

the Union or of a Member State which have only their registered office in the Union, unless it can

be shown that they possess an effective and continuous link with the economy of one of the

Member States.

Measures:

EU: Treaty on the Functioning of the European Union.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors:

This reservation applies only to health, social or education services:

EU/UK/TCA/Annex 19-24/en 14

The EU (applies also to the regional level of government): Any Member State, when selling or

disposing of its equity interests in, or the assets of, an existing state enterprise or an existing

governmental entity providing health, social or education services (CPC 93, 92), may prohibit or

impose limitations on the ownership of such interests or assets, and/or restrict the ability of owners

of such interests and assets to control any resulting enterprise, with respect to investors of the

United Kingdom or their enterprises. With respect to such a sale or other disposition, any Member

State may adopt or maintain any measure relating to the nationality of senior management or

members of the boards of directors, as well as any measure limiting the number of suppliers.

For the purposes of this reservation:

(i) any measure maintained or adopted after the date of entry into force of this Agreement

that, at the time of the sale or other disposition, prohibits or imposes limitations on the

ownership of equity interests or assets or imposes nationality requirements or imposes

limitations on the numbers of suppliers as described in this reservation shall be deemed

to be an existing measure; and

(ii) "state enterprise" means an enterprise owned or controlled through ownership interests

by any Member State and includes an enterprise established after the date of entry into

force of this Agreement solely for the purposes of selling or disposing of equity

interests in, or the assets of, an existing state enterprise or governmental entity.

Measures:

EU: As set out in the description element as indicated above.

EU/UK/TCA/Annex 19-24/en 15

–
With respect to Investment liberalisation National Treatment and Regulatory framework for legal

services – Obligations

In AT: For the operation of a branch, non-European Economic Area (non-EEA) corporations must

appoint at least one person responsible for its representation who is resident in Austria.

Executives (managing directors, natural persons) responsible for the observance of the Austrian

Trade Act (Gewerbeordnung) must be domiciled in Austria.

In BG: Foreign legal persons, unless established under the legislation of a Member State of the

European Economic Area (EEA), may conduct business and pursue activities if established in the

Republic of Bulgaria in the form of a company registered in the Commercial Register.

Establishment of branches is subject to authorisation.

Representative offices of foreign enterprises are to be registered with Bulgarian Chamber of

Commerce and Industry and may not engage in economic activity but are only entitled to advertise

their owner and act as representatives or agents.

In EE: If the residence of at least half of the members of the management board of a private limited

company, a public limited company or a branch is not in Estonia, in another Member State of the

EEA or in the Swiss Confederation, the private limited company, the public limited company or the

foreign company shall appoint a point of contact whose Estonian address can be used for the

delivery of the procedural documents of the undertaking and the declarations of intent addressed to

the undertaking (i.e. the branch of a foreign company).

EU/UK/TCA/Annex 19-24/en 16

– –
With respect to Investment liberalisation National treatment; Cross-border trade in services

–
Market access and Regulatory framework for legal services Obligations:

In FI: At least one of the partners in a general partnership or of general partners in a limited

partnership needs to have residency in the EEA or, if the partner is a legal person, be domiciled (no

branches allowed) in the EEA. Exemptions may be granted by the registration authority.

To carry on trade as a private entrepreneur, residency in the EEA is required.

If a foreign organisation from a country outside the EEA intends to carry on a business or trade by

establishing a branch in Finland, a trade permit is required.

Residency in the EEA is required for at least one of the ordinary and one of the deputy members of

the board of directors and for the managing director. Company exemptions may be granted by the

registration authority.

EU/UK/TCA/Annex 19-24/en 17

In SE: A foreign company, which has not established a legal entity in Sweden or is conducting its

business through a commercial agent, shall conduct its commercial operations through a branch,

registered in Sweden, with independent management and separate accounts. The managing director

and the vice-managing director, if appointed, of the branch, must reside in the EEA. A natural

person not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and

register a resident representative responsible for the operations in Sweden. Separate accounts shall

be kept for the operations in Sweden. The competent authority may in individual cases grant

exemptions from the branch and residency requirements. Building projects with duration of less

than a year, conducted by a company located or a natural person residing outside the EEA, are

exempted from the requirements of establishing a branch or appointing a resident representative.

For limited liability companies and co-operative economic associations, at least 50 per cent of the

members of the board of directors, at least 50 per cent of the deputy board members, the managing

director, the vice-managing director, and at least one of the persons authorised to sign for the

company, if any, must reside within the EEA. The competent authority may grant exemptions from

this requirement. If none of the company's or society's representatives reside in Sweden, the board

must appoint and register a person resident in Sweden, who has been authorised to receive servings

on behalf of the company or society.

Corresponding conditions prevail for establishment of all other types of legal entities.

In SK: A foreign natural person whose name is to be registered in the appropriate register

(Commercial register, Entrepreneurial or other professional register) as a person authorised to act on

behalf of an entrepreneur is required to submit a residence permit for Slovakia.

EU/UK/TCA/Annex 19-24/en 18

Measures:

AT: Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2);

GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2); and Gewerbeordnung, BGBL. Nr. 194/1994,

§ 39 (2a).

BG: Commercial Law, Article 17a; and

Law for Encouragement of Investments, Article 24.

EE: Äriseadustik (Commercial Code) § 63 [1] (1, 2 and 4).

FI: Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919),

s. 1;

Osuuskuntalaki (Co-Operatives Act) 1488/2001;

Osakeyhtiölaki (Limited Liabilities Company Act) (624/2006); and

Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).

SE: Lag om utländska filialer m.m (Foreign Branch Offices Act) (1992:160);

Aktiebolagslagen (Companies Act) (2005:551);

The Co-operative Economic Associations Act (2018:672); and Act on European Economic Interest

Groupings (1994:1927).

SK: Act 513/1991 on Commercial Code (Article 21); Act 455/1991 on Trade Licensing; and

Act no 404/2011 on Residence of Aliens (Articles 22 and 32).

EU/UK/TCA/Annex 19-24/en 19

–
With respect to Investment liberalisation Market Access, National Treatment, Performance

–
requirements and Regulatory framework for legal services Obligations:

In BG: Established enterprises may employ third country nationals only for positions for which

there is no requirement for Bulgarian nationality. The total number of third country nationals

employed by an established enterprise over a period of the preceding 12 months must not exceed 20

percent (35 percent for small and medium-sized enterprises) of the average number of Bulgarian

nationals, nationals of other Member States, of states parties to the Agreement on the EEA or of the

Swiss Confederation hired on an employment contract. In addition, the employer must demonstrate

that there is no suitable Bulgarian, EU, EEA or Swiss worker for the respective position by

conducting a labour market test before employing a third country national.

For highly qualified, seasonal and posted workers, as well as for intra-corporate transferees,

researchers and students there is no limitation on the number of third country nationals working for

a single enterprise. For the employment of third country nationals in these categories, no labour

market test is required.

Measures:

BG: Labour Migration and Labour Mobility Act.

–
With respect to Investment liberalisation Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 20

In PL: The scope of operations of a representative office may only encompass advertising and

promotion of the foreign parent company represented by the office. For all sectors except legal

services, establishment by non-European Union investors and their enterprises may only be in the

form of a limited partnership, limited joint-stock partnership, limited liability company, and joint

stock company, while domestic investors and enterprises have access also to the forms of non

commercial partnership companies (general partnership and unlimited liability partnership).

Measures:

PL: Act of 6 March 2018 on rules regarding economic activity of foreign entrepreneurs and other

foreign persons in the territory of the Republic of Poland.

(b) Acquisition of real estate

With respect to Investment liberalisation – National treatment:

In AT (applies to the regional level of government): The acquisition, purchase and rental or leasing

of real estate by non-European Union natural persons and enterprises requires authorisation by the

competent regional authorities (Länder). Authorisation will only be granted if the acquisition is

considered to be in the public (in particular economic, social and cultural) interest.

EU/UK/TCA/Annex 19-24/en 21

In CY: Cypriots or persons of Cypriot origin, as well as nationals of a Member State, are allowed to

acquire any property in Cyprus without restrictions. A foreigner shall not acquire, otherwise than

_mortis causa_, any immovable property without obtaining a permit from the Council of Ministers.

For foreigners, where the acquisition of immovable property exceeds the extent necessary for the

erection of a premises for a house or professional roof, or otherwise exceeds the extent of two

donums (2,676 square meter), any permit granted by the Council of Ministers shall be subject to

such terms, limitations, conditions and criteria which are set by Regulations made by the Council of

Ministers and approved by the House of Representatives. A foreigner is any person who is not a

citizen of the Republic of Cyprus, including a foreign controlled company. The term does not

include foreigners of Cypriot origin or non-Cypriot spouses of citizens of the Republic of Cyprus.

In CZ: Specific rules apply to agricultural land under state ownership. State agricultural land can be

acquired only by Czech nationals, nationals of another Member State, or states parties to the

Agreement on the EEA or the Swiss Confederation. Legal persons can acquire state agriculture land

from the state only if they are agricultural entrepreneurs in the Czech Republic or persons with

similar status in other Member State of the European Union, or states parties to the Agreement on

the EEA or the Swiss Confederation.

In DK: Natural persons who are not resident in Denmark, and who have not previously been

resident in Denmark for a total period of five years, must in accordance with the Danish Acquisition

Act obtain permission from the Ministry of Justice to acquire title to real property in Denmark. This

also applies for legal persons that are not registered in Denmark. For natural persons, acquisition of

real property will be permitted if the applicant is going to use the real property as his or her primary

residence.

EU/UK/TCA/Annex 19-24/en 22

For legal persons that are not registered in Denmark, acquisition of real property will in general be

permitted, if the acquisition is a prerequisite for the business activities of the purchaser. Permission

is also required if the applicant is going to use the real property as a secondary dwelling. Such

permission will only be granted if the applicant through an overall and concrete assessment is

regarded to have particular strong ties to Denmark.

Permission under the Acquisition Act is only granted for the acquisition of a specific real property.

The acquisition of agricultural land by natural or legal persons is in addition governed by the

Danish Agricultural Holdings Act, which imposes restrictions on all persons, Danish or foreign,

when acquiring agricultural property. Accordingly, any natural or legal person, who wishes to

acquire agricultural real property, must fulfil the requirements in this Act. This generally means a

limited residence requirement on the agricultural holding applies. The residence requirement is not

personal. Legal entities must be of the types listed in §20 and §21 of the act and must be registered

in the Union (or EEA).

In EE: A legal person from an OECD Member State has the right to acquire an immovable which

contains:

(i) less than ten hectares of agricultural land, forest land or agricultural and forest land in

total without restrictions.

(ii) ten hectares or more of agricultural land if the legal person has been engaged, for three

years immediately preceding the year of making the transaction of acquisition of the

immovable, in production of agricultural products listed in Annex I to the Treaty on the

Functioning of the European Union, except fishery products and cotton (hereinafter

agricultural product).

EU/UK/TCA/Annex 19-24/en 23

(iii) ten hectares or more of forest land if the legal person has been engaged, for three years

immediately preceding the year of making the transaction of acquisition of the

immovable, in forest management within the meaning of the Forest Act (hereinafter

forest management) or production of agricultural products.

(iv) less than ten hectares of agricultural land and less than ten hectares of forest land, but

ten hectares or more of agricultural and forest land in total, if the legal person has been

engaged, for three years immediately preceding the year of making the transaction of

acquisition of the immovable, in production of agricultural products or forest

management.

–
If a legal person does not meet the requirements provided for in (ii) (iv), the legal person may

acquire an immovable which contains ten hectares or more of agricultural land, forest land or

agricultural and forest land in total only with the authorisation of the council of the local

government of the location of the immovable to be acquired.

Restrictions on acquiring immovable property apply in certain geographical areas for non-EEA

nationals.

In EL: Real estate acquisition or tenancy in the border regions is prohibited to natural or legal

persons whose nationality or base is outside the Member States and the European Free Trade

Association. The ban may be lifted with a discretionary decision taken by a committee of the

appropriate Decentralized Administration (or the Minister of National Defense in case the

properties to be exploited belong to the Fund for the Exploitation of Private Public Property).

EU/UK/TCA/Annex 19-24/en 24

In HR: Foreign companies are only allowed to acquire real estate for the supply of services if they

are established and incorporated in Croatia as legal persons. Acquisition of real estate necessary for

the supply of services by branches requires the approval of the Ministry of Justice. Agricultural land

cannot be acquired by foreigners.

In MT: Non-nationals of a Member State may not acquire immovable property for commercial

purposes. Companies with 25 per cent (or more) of non-European Union shareholding must obtain

an authorisation from the competent authority (Minister responsible for Finance) to buy immovable

property for commercial or business purposes. The competent authority will determine whether the

proposed acquisition represents a net benefit to the Maltese economy.

In PL: The acquisition of real estate, direct and indirect, by foreigners requires a permit. A permit is

issued through an administrative decision by a minister competent in internal affairs, with the

consent of the Minister of National Defence, and in the case of agricultural real estate, also with the

consent of the Minister of Agriculture and Rural Development.

Measures:

AT: Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007;

Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004;

NÖ- Grundverkehrsgesetz, LGBL. 6800;

OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994;

Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002;

Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993;

Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996; Voralberger Grundverkehrsgesetz, LGBL. Nr.

42/2004; and

Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998.

EU/UK/TCA/Annex 19-24/en 25

CY: Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended.

CZ: Act No. 503/2012, Coll. on State Land Office as amended.

DK: Danish Act on Acquisition of Real Property (Consolidation Act No. 265 of

21 March 2014 on Acquisition of Real Property);

Acquisition Executive Order (Executive Order No. 764 of 18 September 1995); and The

Agricultural Holdings Act (Consolidation Act No. 27 of 4 January 2017).

EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act)

Chapter 2 § 4, Chapter 3§ 10, 2017.

EL: Law 1892/1990, as it stands today, in combination, as far as the application is concerned, with

the ministerial decision F.110/3/330340/S.120/7-4-14 of the Minister of National Defense and the

Minister of Citizen Protection.

HR: Ownership and other Proprietary Rights Act (OG 91/96, 68/98, 137/99, 22/00, 73/00, 129/00,

114/01, 79/06, 141/06, 146/08, 38/09, 143/12, 152/14), Articles 354 to 358.b; Agricultural Land Act

(OG 20/18, 115/18, 98/19) Article 2; General Administrative Procedure Act.

MT: Immovable Property (Acquisition by Non-Residents) Act (Cap. 246); and Protocol No 6 of the

EU Accession Treaty on the acquisition of secondary residences in Malta.

PL: Law of 24th March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws of

2016, item 1061 as amended).

EU/UK/TCA/Annex 19-24/en 26

–
With respect to Investment liberalisation Market access, National treatment:

In HU: The purchase of real estate by non-residents is subject to obtaining authorisation from the

appropriate administrative authority responsible for the geographical location of the property.

Measures:

HU: Government Decree No. 251/2014 (X. 2.) on the Acquisition by Foreign Nationals of

Real Estate other than Land Used for Agricultural or Forestry Purposes; and Act LXXVIII of 1993

(Paragraph 1/A).

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment:

In LV: Acquisition of urban land by nationals of the United Kingdom is permitted through legal

persons registered in Latvia or other Member States:

(i) if more than 50 per cent of their equity capital is owned by nationals of Member States,

the Latvian Government or a municipality, separately or in total;

(ii) if more than 50 per cent of their equity capital is owned by natural persons and

companies of third country with whom Latvia has concluded bilateral agreements on

promotion and reciprocal protection of investments and which have been approved by

the Latvian Parliament before 31 December 1996;

EU/UK/TCA/Annex 19-24/en 27

(iii) if more than 50 per cent of their equity capital is possessed by natural persons and

companies of third country with whom Latvia has concluded bilateral agreements on

promotion and reciprocal protection of investments after 31 December 1996, if in those

agreements the rights of Latvian natural persons and companies on acquisition of land

in the respective third country have been determined;

(iv) if more than 50 per cent of their equity capital is possessed jointly by persons referred to

in points (i) to (iii); or

(v) which are public joint stock companies, if their shares thereof are quoted in the stock

exchange.

Where the United Kingdom allows Latvian nationals and enterprises to purchase urban real estate in

their territories, Latvia will allow nationals and enterprises of the United Kingdom to purchase

urban real estate in Latvia under the same conditions as Latvian nationals.

Measures:

LV: Law on land reform in the cities of the Republic of Latvia, Section 20 and 21.

With respect to Investment liberalisation - National treatment, Most-favoured-nation treatment:

In DE: Certain conditions of reciprocity may apply for the acquisition of real estate.

EU/UK/TCA/Annex 19-24/en 28

In ES: Foreign investment in activities directly relating to real estate investments for diplomatic

missions by states that are not Member States requires an administrative authorisation from the

Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.

In RO: Foreign nationals, stateless persons and legal persons (other than nationals and legal persons

of a Member State of the EEA) may acquire property rights over lands, under the conditions

regulated by international treaties, based on reciprocity. Foreign nationals, stateless persons and

legal persons may not acquire the property right over lands under more favourable conditions than

those applicable to natural or legal persons of the European Union.

Measures:

DE: Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB; Introductory Law to the Civil

Code).

ES: Royal Decree 664/1999 of 23 April 1999 relating to foreign investment.

RO: Law 17/2014 on some measures regulating the selling-buying agricultural land situated outside

town and amending; and

Law No 268/2001 on the privatization of companies that own land in public ownership and private

management of the state for agricultural and establishing the State Domains Agency, with

subsequent amendments.

EU/UK/TCA/Annex 19-24/en 29

Reservation No. 2 - Professional services (except health-related professions)

Sector – sub-sector: Professional services – legal services; patent agent, industrial property

agent, intellectual property attorney; accounting and bookkeeping

services; auditing services, taxation advisory services; architecture and

urban planning services, engineering services and integrated

engineering services

Industry classification: CPC 861, 862, 863, 8671, 8672, 8673, 8674, part of 879

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Local presence

Obligations for legal Services

Chapter/Section: Investment liberalisation, Cross-border trade in services and

Regulatory framework for legal services

Level of government: EU/Member State (unless otherwise specified)

EU/UK/TCA/Annex 19-24/en 30

Description:

(a) Legal services (part of CPC 861) [1]

With respect to Investment liberalisation – Market access – and Regulatory framework for legal

services – Obligations

In EU: Specific non-discriminatory legal form requirements apply in each Member State.

1 For the purposes of this reservation:
(a) "host-jurisdiction law" means the law of the specific Member State and Union law;
"home-jurisdiction law" means the law of the United Kingdom;
(b) "international law" means public international law with the exception of European
Union law, and includes law established by international treaties and conventions, as
well as international customary law;
(c) "legal advisory services" includes provision of advice to and consultation with clients in
matters, including transactions, relationships and disputes, involving the application or
interpretation of law; participation with or on behalf of clients in negotiations and other
dealings with third parties in such matters; and preparation of documents governed in
whole or in part by law, and the verification of documents of any kind for purposes of
and in accordance with the requirements of law;
(d) "legal representational services" includes preparation of documents intended to be
submitted to administrative agencies, the courts or other duly constituted official
tribunals; and appearance before administrative agencies, the courts or other duly
constituted official tribunals;
(e) "legal arbitration, conciliation and mediation services" means the preparation of
documents to be submitted to, the preparation for and appearance before, an arbitrator,
conciliator or mediator in any dispute involving the application and interpretation of
law. It does not include arbitration, conciliation and mediation services in disputes not
involving the application and interpretation of law, which fall under services incidental
to management consulting. It also does not include acting as an arbitrator, conciliator or
mediator. As a sub-category, international legal arbitration, conciliation or mediation
services refers to the same services when the dispute involves parties from two or more
countries.

EU/UK/TCA/Annex 19-24/en 31

–
(i) Designated legal services supplied under the home professional title (part of CPC 861 legal

advisory, arbitration, conciliation and mediation services with regard to home-jurisdiction and

international law governed by Section 7 of Chapter 5 of Title II of Heading One of Part Two

of this Agreement).

For greater certainty, consistent with the Headnotes, in particular paragraph 9, requirements to

register with a Bar may include a requirement to have completed some training under the

supervision of a licensed lawyer, or to have an office or a postal address within the jurisdiction of a

specific Bar in order to be eligible to apply for membership in that Bar. Some Member States may

impose the requirement of having the right to practise host-jurisdiction law on those natural persons

holding certain positions within a law firm/company/enterprise or for shareholders.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – National treatment, Market access and Regulatory framework for legal services –

Obligations:

In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for the

practice of legal services in respect of host jurisdiction (Union and Member State) law, including

representation before courts. Only lawyers of EEA or Swiss nationality are allowed to provide legal

services through commercial presence. The practice of legal services in respect of public

international law and home-jurisdiction law is only allowed on a cross-border basis.

EU/UK/TCA/Annex 19-24/en 32

Equity participation and shares in the operating result of any law firm by foreign lawyers (who must

be fully qualified in their home-jurisdiction) is allowed up to 25 per cent; the rest must be held by

fully qualified EEA or Swiss lawyers and only the latter may exercise decisive influence in the

decision making of the law firm.

In BE: (with respect also to Most-favoured-nation treatment) Foreign lawyers may practise as legal

consultants. Lawyers who are members of foreign (non-EU) Bars and want to establish in Belgium

but do not meet the conditions for registration on the Tableau of fully qualified lawyers, on the EU

list or on the List of Trainee Lawyers, may request registration on the so-called "B-List". Only at

the Brussels Bar there exists such a "B-List". A lawyer on the B-list is allowed to supply designated

legal services.

In BG: (with respect also to Most-favoured-nation treatment): Permanent residency is required for

legal mediation services. A mediator may be only a person who has been entered in the Uniform

Register of Mediators with the Minister of Justice.

In Bulgaria, full national treatment on the establishment and operation of companies, as well as on

the supply of services, may be extended only to companies established in, and citizens of, countries

with whom bilateral agreements on mutual legal assistance have been or will be concluded.

In CY: EEA or Swiss nationality as well as residency (commercial presence) is required. Only

advocates enrolled in the Bar may be partners or shareholders or members of the board of directors

in a law company in Cyprus.

In CZ: For foreign lawyers residence (commercial presence) is required.

EU/UK/TCA/Annex 19-24/en 33

In DE: For foreign lawyers (with other than EEA and Swiss qualification) there may be restrictions

for holding shares of a lawyers company which provides legal services in host-jurisdiction law.

In DK: Without prejudice to the EU reservation above, shares of a law firm can only be owned by

advocates who actively practise law in the firm, its parent company or its subsidiary company, other

employees in the firm, or another law firm registered in Denmark. Other employees in the firm may

collectively only own less than 10 per cent of the shares and of the voting rights, and in order to be

shareholders they must pass an exam on the rules of particular importance for the practice of law.

Only advocates who actively practise law in the firm, its parent company or its subsidiary company,

other shareholders, and representatives of employees, may be members of the board. The majority

of the members of the board must be advocates who actively practise law in the firm, its parent

company or its subsidiary company. Only advocates who actively practise law in the firm, its parent

company or its subsidiary company, and other shareholders having passed the exam mentioned

above, may be a director of the law firm.

In ES: Professional address is required in order to provide designated legal services.

In FR, Residency or establishment in the EEA is required to practise on a permanent basis. Without

prejudice to the EU reservation above: For all lawyers, company must take one of the following

legal forms authorised under French law on a non-discriminatory basis: SCP (société civile

professionnelle), SEL (société d'exercice libéral), SEP (société en participation), SARL (société à

responsabilité limitée), SAS (société par actions simplifiée), SA (société anonyme), SPE (société

pluriprofessionnelle d'exercice) and "association", under certain conditions. Shareholders, directors

and partners may be subject to specific restrictions related to their professional activity.

EU/UK/TCA/Annex 19-24/en 34

In ~~H~~ R: Only a lawyer who has the Croatian title of lawyer can establish a law firm (UK firms can

establish branches, which may not employ Croatian lawyers).

In HU: A cooperation contract concluded with a Hungarian attorney (ügyvéd) or law firm (ügyvédi

iroda) is required. A foreign legal adviser cannot be a member of a Hungarian law firm. A foreign

lawyer is not authorized for the preparation of documents to be submitted to, or act as the client's

legal representative before an arbitrator, conciliator or mediator in any dispute.

In PT (with respect also to Most-favoured-nation treatment): Foreigners holding a diploma awarded

by any Faculty of Law in Portugal, may register with the Portuguese Bar (Ordem dos Advogados),

under the same terms as Portuguese nationals, if their respective country grants Portuguese

nationals reciprocal treatment.

Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law in

Portugal may register as members of the Bar Association provided they undergo the required

training and pass the final assessment and admission exam.

Legal consultation is allowed by jurists, provided they have their professional residence

("domiciliação") in PT, pass an admission exam and are registered in the Bar.

In RO: A foreign lawyer may not make oral or written conclusions before the courts and other

judicial bodies, except for international arbitration.

EU/UK/TCA/Annex 19-24/en 35

In SE: (with respect also to Most-favoured-nation treatment) Without prejudice to the EU

reservation above: A member of the Swedish Bar Association may not be employed by anyone

other than a Bar member or a company conducting the business of a Bar member. However, a Bar

member may be employed by a foreign company conducting the business of an advocate, provided

that the company in question is domiciled in a country within the Union, the EEA or the Swiss

Confederation. Subject to an exemption from the Board of the Swedish Bar Association, a member

of the Swedish Bar Association may also be employed by a non-European Union law firm.

Bar members conducting their practice in the form of a company or a partnership may not have any

other objective and may not carry out any other business than the practice of an advocate.

Collaboration with other advocate businesses is permitted, however, collaboration with foreign

businesses requires permission by the Board of the Swedish Bar Association. Only a Bar member

may directly or indirectly, or through a company, practise as an advocate, own shares in the

company or be a partner. Only a member may be a member or deputy member of the Board or

deputy managing director, or an authorised signatory or secretary of the company or the partnership.

In SI: (with respect also to Most-favoured-nation treatment) A foreign lawyer who has the right to

practise home-jurisdiction law may supply legal services or practise law under the conditions laid

down in Article 34a of the Attorneys Act, provided the condition of actual reciprocity is fulfilled.

Without prejudice to the EU reservation on non-discriminatory legal form requirements,

commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole

proprietorship, law firm with limited liability (partnership) or to a law firm with unlimited liability

(partnership) only. The activities of a law firm shall be restricted to the practice of law. Only

attorneys may be partners in a law firm.

EU/UK/TCA/Annex 19-24/en 36

In SK: For non-EU lawyers actual reciprocity is required.

(ii) Other legal services (host-jurisdiction law including legal advisory, arbitration, conciliation

and mediation services and legal representational services).

For greater certainty, consistent with the Headnotes, in particular paragraph 9, requirements to

register with a Bar may include a requirement to have obtained a law degree in the host jurisdiction

or its equivalent, or to have completed some training under the supervision of a licensed lawyer, or

to have an office or a postal address within the jurisdiction of a specific Bar in order to be eligible to

apply for membership in that Bar.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – National treatment, Local presence:

In EU: Representation of natural or legal persons before the European Union Intellectual Property

Office (EUIPO) may only be undertaken by a legal practitioner qualified in one of the Member

States of the EEA and having their place of business within the EEA, to the extent that they are

entitled, within the said Member State, to act as a representative in trade mark matters or in

industrial property matters and by professional representatives whose names appear on the list

maintained for this purpose by the EUIPO. (Part of CPC 861)

EU/UK/TCA/Annex 19-24/en 37

In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for the

practice of legal services in respect of host jurisdiction (Union and Member State) law, including

representation before courts. Only lawyers of EEA or Swiss nationality are allowed to provide legal

services through commercial presence. The practice of legal services in respect of public

international law and home-jurisdiction law is only allowed on a cross-border basis.

Equity participation and shares in the operating result of any law firm by foreign lawyers (who must

be fully qualified in their home-jurisdiction) is allowed up to 25 per cent; the rest must be held by

fully qualified EEA or Swiss lawyers and only the latter may exercise decisive influence in the

decision making of the law firm.

In BE: (with respect also to Most-favoured-nation treatment) Residency is required for full

admission to the Bar, including for representation before courts. The residency requirement for a

foreign lawyer to obtain full admission to the Bar is at least six years from the date of application

for registration, three years under certain conditions. Requirement to have a certificate issued by the

Belgian Minister of Foreign Affairs under which the national law or international convention allows

reciprocity (reciprocity condition).

EU/UK/TCA/Annex 19-24/en 38

Foreign lawyers may practise as legal consultants. Lawyers who are members of foreign (non-EU)

Bars and want to establish in Belgium but do not meet the conditions for registration on the Tableau

of fully qualified lawyers, on the EU-list or on the List of Trainee Lawyers, may request registration

on the so-called "B-List". Only at the Brussels Bar there exists such a "B-List". A lawyer on the B

list is allowed to give advice. Representation before "the Cour de Cassation" is subject to

nomination on a specific list.

In BG: (with respect also to Most-favoured-nation treatment) Reserved to nationals of a Member

State, of another State which is a party to the Agreement on the EEA, or of the Swiss Confederation

who has been granted authorisation to pursue the profession of lawyer according to the legislation

of any of the aforementioned countries. A foreign national (except for the above mentioned) who

has been authorised to pursue the profession of lawyer in accordance with the legislation of his or

her own country, may appeal before judicial bodies of the Republic of Bulgaria as defence-counsel

or mandatary of a national of his or her own country, acting on a specific case, together with a

Bulgarian attorney-at-law, in cases where this has been envisaged in an agreement between the

Bulgarian and the respective foreign state, or on the basis of mutuality, making a preliminary

request to this effect to the Chairperson of the Supreme Bar Council. Countries, in respect of which

mutuality exists, shall be designated by the Minister of Justice, upon request of the Chairperson of

the Supreme Bar Council. In order to provide legal mediation services, a foreign national must have

a permit for long-term or permanent residence in the Republic of Bulgaria and has been entered in

the Uniform Register of Mediators with the Minister of Justice.

EU/UK/TCA/Annex 19-24/en 39

In CY: EEA or Swiss nationality as well as residency (commercial presence) is required. Only

advocates enrolled in the Bar may be partners or shareholders or members of the board of directors

in a law company in Cyprus.

In CZ: For foreign lawyers full admission to the Czech Bar Association and residence (commercial

presence) is required.

In DE: Only lawyers with EEA or Swiss qualification may be admitted to the Bar and are thus

entitled to provide legal services. ~~C~~ ommercial presence is required in order to obtain full admission

to the Bar. Exemptions may be granted by the competent bar association. For foreign lawyers (with

other than EEA and Swiss qualification) there may be restrictions for holding shares of a lawyers

company which provides legal services in domestic law.

In DK: Legal services provided under the title "advokat" (advocate) or any similar title, as well as

representation before the courts, is reserved for advocates with a Danish license to practise. EU,

EEA and Swiss advocates may practise under the title of their country of origin.

EU/UK/TCA/Annex 19-24/en 40

Without prejudice to the EU reservation on non-discriminatory legal form requirements, shares of a

law firm can only be owned by advocates who actively practise law in the firm, its parent company

or its subsidiary company, other employees in the firm, or another law firm registered in Denmark.

Other employees in the firm may collectively only own less than 10 per cent of the shares and of the

voting rights, and in order to be shareholders they must pass an exam on the rules of particular

importance for the practice of law.

Only advocates who actively practise law in the firm, its parent company or its subsidiary company,

other shareholders, and representatives of employees, may be members of the board. The majority

of the members of the board must be advocates who actively practise law in the firm, its parent

company or its subsidiary company. Only advocates who actively practise law in the firm, its parent

company or its subsidiary company, and other shareholders having passed the exam mentioned

above, may be a director of the law firm.

In EE: Residency (commercial presence) is required.

In EL: EEA or Swiss nationality and residency (commercial presence) is required

In ES: EEA or Swiss nationality is required. The competent authorities may grant nationality

waivers.

EU/UK/TCA/Annex 19-24/en 41

In FI: EEA or Swiss residency and Bar membership is required for the use of the professional title

of "advocate" (in Finnish "asianajaja" or in Swedish "advokat"). Legal services may also be

provided by non-Bar members.

In FR: Without prejudice to the EU reservation on non-discriminatory legal form requirements,

residency or establishment in the EEA is required for full admission to the Bar, necessary for the

practice of legal services. In a law firm, shareholding and voting rights may be subject to

quantitative restrictions related to the professional activity of the partners. Representation before

"the Cour de Cassation" and "Conseil d'Etat" is subject to quotas and reserved for FR and EU

nationals.

For all lawyers, company must take one of the following legal forms authorised under French law

on a non-discriminatory basis: SCP (société civile professionnelle), SEL (société d'exercice libéral),

SEP (société en participation), SARL (société à responsabilité limitée), SAS (société par actions

simplifiée), SA (société anonyme), SPE (société pluriprofessionnelle d'exercice) and "association",

under certain conditions. Residency or establishment in the EEA is required to practise on a

permanent basis.

In HR: European Union nationality is required.

In HU: EEA or Swiss nationality and residency (commercial presence) is required.

In LT: (With respect also to Most-favoured-nation treatment) EEA or Swiss nationality and

residency (commercial presence) is required.

EU/UK/TCA/Annex 19-24/en 42

Attorneys from foreign countries can practise as advocates in court only in accordance with

international agreements, including specific provisions regarding representation before courts. Full

admission to the Bar is required.

In LU (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality and

residency (commercial presence) is required. The Council of the Order may, on the basis of

reciprocity, agree to waive the nationality requirement for a foreign national.

In LV (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality is required.

Attorneys from foreign countries can practise as advocates in court only in accordance with bilateral

agreements on mutual legal assistance.

For European Union or foreign advocates, special requirements exist. For example, participation in

court proceedings in criminal cases is only permitted in association with an advocate of the Latvian

Collegium of Sworn Advocates.

In MT: EEA or Swiss nationality as well as residency (commercial presence) is required.

In NL: Only locally-licensed lawyers registered in the Dutch registry can use the title "advocate".

Instead of using the full term "advocate", (non-registered) foreign lawyers are obliged to mention

their home-jurisdiction professional organisation for the purposes of their activities in the

Netherlands.

EU/UK/TCA/Annex 19-24/en 43

In PT (with respect also to Most-favoured-nation treatment): residency (commercial presence) is

required. For representation before courts, full admission to the Bar is required. Foreigners holding

a diploma awarded by any Faculty of Law in Portugal, may register with the Portuguese Bar

(Ordem dos Advogados), under the same terms as Portuguese nationals, if their respective country

grants Portuguese nationals reciprocal treatment.

Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law in

Portugal may register as members of the Bar Association provided they undergo the required

training and pass the final assessment and admission exam. Only law firms where the shares belong

exclusively to lawyers admitted to the Portuguese Bar can practise in Portugal.

In RO: A foreign lawyer may not make oral or written conclusions before the courts and other

judicial bodies, except for international arbitration.

In SE: (with respect also to Most-favoured-nation treatment) EEA or Swiss residency is required for

admission to the Bar and use of the title of "advokat". Exemptions may be granted by the board of

the Swedish Bar Association. Admission to the Bar is not necessary for the practice of Swedish law.

EU/UK/TCA/Annex 19-24/en 44

Without prejudice to the EU reservation on non-discriminatory legal form requirements, a member

of the Swedish Bar Association may not be employed by anyone other than a Bar member or a

company conducting the business of a Bar member. However, a Bar member may be employed by a

foreign company conducting the business of an advocate, provided that the company in question is

domiciled in a country within the EEA or the Swiss Confederation. Subject to an exemption from

the Board of the Swedish Bar Association, a member of the Swedish Bar Association may also be

employed by a non-European Union law firm.

Bar members conducting their practice in the form of a company or a partnership may not have any

other objective and may not carry out any other business than the practice of an advocate.

Collaboration with other advocate businesses is permitted, however, collaboration with foreign

businesses requires permission by the Board of the Swedish Bar Association. Only a Bar member

may directly or indirectly, or through a company, practise as an advocate, own shares in the

company or be a partner. Only a member may be a member or deputy member of the Board or

deputy managing director, or an authorised signatory or secretary of the company or the partnership.

In SI: (with respect also to Most-favoured-nation treatment) Representing clients before the court

against payment is conditioned by commercial presence in Republic of Slovenia. A foreign lawyer

who has the right to practise home-jurisdiction law may perform legal services or practise law under

the conditions laid down in Article 34a of the Attorneys Act, provided the condition of actual

reciprocity is fulfilled.

EU/UK/TCA/Annex 19-24/en 45

Without prejudice to the EU reservation on non-discriminatory legal form requirements,

commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole

proprietorship, law firm with limited liability (partnership) or to a law firm with unlimited liability

(partnership) only. The activities of a law firm shall be restricted to the practice of law. Only

attorneys may be partners in a law firm.

In SK: (with respect also to Most-favoured-nation treatment) EEA nationality as well as residency

(commercial presence) is required for the practice of legal services in respect of host-jurisdiction

law, including representation before courts. For non-EU lawyers actual reciprocity is required.

Measures:

EU: Article 120 of Regulation (EU) 2017/1001 of the European Parliament and of the Council **[1]** ;

Article 78 of Council Regulation (EC) No 6/2002 of 12 December 2001 **[2]** .

AT: Rechtsanwaltsordnung (Lawyers Act) - RAO, RGBl. Nr. 96/1868, Article 1 and § 21c.

BE: Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970.

BG: Attorney Law; Law for Mediation; and Law for the Notaries and Notarial Activity.

CY: Advocates Law (Chapter 2), as amended.

**1** Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017
on the European Union trade mark (OJ EU L 154, 16.6.2017, p. 1).
**2** Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EU
L 3, 5.1.2002, p. 1).

EU/UK/TCA/Annex 19-24/en 46

CZ: Act No. 85/1996 Coll., the Legal Profession Act.

DE: § 59e, § 59f, § 206 Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Act);

Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG); and § 10

Rechtsdienstleistungsgesetz (RDG).

DK: Retsplejeloven (Administration of Justice Act) chapters 12 and 13 (Consolidated Act No. 1284

of 14 November 2018).

EE: Advokatuuriseadus (Bar Association Act);

Tsiviilkohtumenetluse seadustik (Code of Civil Procedure); halduskohtumenetluse seadustik (Code

of Administrative Court Procedure); kriminaalmenetluse seadustik (Code of Criminal Procedure);

and väärteomenetluse seadustik (Code of Misdemeanour Procedure).

EL: New Lawyers' Code n. 4194/2013.

ES: Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001, Article 13.1ª.

FI: Laki asianajajista (Advocates Act) (496/1958), ss. 1 and 3; and Oikeudenkäymiskaari (4/1734)

(Code of Judicial Procedure).

FR: Loi 71-1130 du 31 décembre 1971, Loi 90- 1259 du 31 décembre 1990, décret 91-1197 du 27

novembre 1991, and Ordonnance du 10 septembre 1817 modifiée.

EU/UK/TCA/Annex 19-24/en 47

HR: Legal Profession Act (OG 9/94, 117/08, 75/09, 18/11).

HU: ACT LXXVIII of 2017 on the professional activities of Attorneys at Law.

LT: Law on the Bar of the Republic of Lithuania of 18 March 2004 No. IX-2066 as last amended on

12 December 2017 by law No XIII-571.

LU: Loi du 16 décembre 2011 modifiant la loi du 10 août 1991 sur la profession d'avocat.

LV: Criminal Procedure Law, s. 79; and Advocacy Law of the Republic of Latvia, s. 4.

MT: Code of Organisation and Civil Procedure (Cap. 12).

NL: Advocatenwet (Act on Advocates).

PT: Law 145/2015, 9 set., alterada p/ Lei 23/2020, 6 jul. (art.º 194 substituído p/ art.º 201.º; e art.º

203.º substituído p/ art.º 213.º).

Portuguese Bar Statute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004, Articles 5,

7 – 9;

Decree-law 88/2003, Articles 77 and 102;

Solicitadores Public Professional Association Statute (Estatuto da Câmara dos Solicitadores), as

amended by Law 49/2004, mas alterada p/ Lei 154/2015, 14 set; by Law 14/2006 and by Decree

Law n.º 226/2008 alterado p/ Lei 41/2013, 26 jun;

Law 78/2001, Articles 31, 4 Alterada p/ Lei 54/2013, 31 jul.;

Regulation of family and labour mediation (Ordinance 282/2010), alterada p/ Portaria 283/2018,

19 out;

Law 21/2007 on criminal mediation, Article 12;

Law 22/2013, 26 fev., alterada p/ Lei 17/2017, 16 maio, alterada pelo Decreto-Lei 52/2019,

17 abril.

EU/UK/TCA/Annex 19-24/en 48

RO: Attorney Law;

Law for Mediation; and

Law for the Notaries and the Notarial Activity.

SE: Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740); and Swedish Bar

Association Code of Conduct adopted 29 August 2008.

SI: Zakon o odvetništvu (Neuradno prečiščeno besedilo-ZOdv-NPB8 Državnega Zbora RS z dne 7

junij 2019 (Attorneys Act) unofficial consolidated text prepared by the Slovenian parliament from 7

June 2019).

SK: Act 586/2003 on Advocacy, Articles 2 and 12.

With respect to Investment liberalisation - Market access, National treatment:

In PL: Foreign lawyers may establish only in the form of a registered partnership, a limited

partnership or a limited joint-stock partnership.

Measures:

PL: Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic of

Poland, Article 19.

With respect to Cross-Border Trade in Services – Market access

In IE, IT: Residency (commercial presence) is required for the practice of legal services in respect

of host-jurisdiction law, including representation before courts.

EU/UK/TCA/Annex 19-24/en 49

Measures:

IE: Solicitors Acts 1954-2011.

IT: Royal Decree 1578/1933, Article 17 law on the legal profession.

(b) Patent agents, industrial property agents, intellectual property attorneys (part of CPC 879,

861, 8613)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Local presence:

In AT: EEA or Swiss nationality is required for the practice of patent agency services, residency

there is required.

In BG, and CY: EEA or Swiss nationality is required for the practice of patent agency services. In

CY, residency is required.

In DE: Only patent lawyers having German qualifications may be admitted to the Bar and are thus

entitled to provide patent agent services in Germany in domestic law. Foreign patent lawyers can

offer legal services in foreign law when they prove expert knowledge, registration is required for

legal services in Germany. Foreign (other than EEA and Swiss qualification) patent lawyers may

not establish a firm together with national patent lawyers.

Foreign (other than EEA and Swiss) patent lawyers may have their commercial presence only in the

form of a Patentanwalts-GmbH or Patentanwalts-AG by acquiring a minority share.

EU/UK/TCA/Annex 19-24/en 50

In EE: Estonian or EU nationality as well as permanent residency is required for the practice of

patent agency services.

In ES and PT: EEA nationality is required for the practice of industrial property agent services.

In FR: To be registered on the industrial property agent services list, establishment or residency in

the EEA is required. EEA nationality is required for natural persons. To represent a client in front of

the national intellectual property office, establishment in the EEA is required. Provision only

through SCP (société civile professionnelle), SEL (société d'exercice libéral) or any other legal

form, under certain conditions. Irrespective of the legal form, more than half of shares and voting

rights must be held by EEA professionals. Law firms may be entitled to provide industrial property

agent services (see reservation for legal services).

–
With respect to Cross-border trade in services Local presence:

In FI and HU: EEA residency is required for the practice of patent agency services.

In SI: Residency in Slovenia is required for a holder/applicant of registered rights (patents,

trademarks, design protection). Alternatively, a patent agent or a trademark and design agent

registered in Slovenia is required for the main purpose of services of process, notification, etc.

Measures:

AT: Patent Attorney Act (§§ 2 and 16a).

BG: Article 4 of the Ordinance for Representatives regarding Intellectual Property.

EU/UK/TCA/Annex 19-24/en 51

CY: Advocates Law (Chapter 2), as amended.

DE: Patentanwaltsordnung (PAO).

EE: Patendivoliniku seadus (Patent Agents Act) § 2, § 14.

ES: Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad,

Articles 155-157.

FI: Tavaramerkkilaki (Trademarks Act) (7/1964);

Laki auktorisoiduista teollisoikeusasiamiehistä (Act on Authorised Industrial Property Attorneys)

(22/2014); and

Laki kasvinjalostajanoikeudesta (Plant Breeder's Right Act) 1279/2009; and Mallioikeuslaki

(Registered Designs Act) 221/1971.

FR: Code de la propriété intellectuelle.

HU: Act XXXII of 1995 on Patent Attorneys.

PT: Decree-Law 15/95, as modified by Law 17/2010, by Portaria 1200/2010, Article 5, and by

Portaria 239/2013; and Law 9/2009.

SI: Zakon o industrijski lastnini (Industrial Property Act), Uradni list RS, št. 51/06 – uradno

prečiščeno besedilo in 100/13 and 23/20 (Official Gazette of the Republic of Slovenia, No. 51/06 –

official consolidated text 100/13 and 23/20).

EU/UK/TCA/Annex 19-24/en 52

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National Treatment, Local presence:

In IE: For establishment, at least one of the directors, partners, managers or employees of a

company to be registered as a patent or intellectual property attorney in Ireland. Cross-border basis

requires EEA nationality and commercial presence, principal place of business in an EEA Member

State, qualification under the law of an EEA Member State.

Measures:

IE: Section 85 and 86 of the Trade Marks Act 1996, as amended;

Rule 51, Rule 51A and Rule 51B of the Trade Marks Rules 1996, as amended; Section 106 and 107

of the Patent Act 1992, as amended; and Register of Patent Agent Rules S.I. 580 of 2015.

(c) Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213, 86219,

86220)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Local presence:

In AT: The capital interests and voting rights of foreign accountants, bookkeepers, qualified

according to the law of their home country, in an Austrian enterprise may not exceed 25 per cent.

The service supplier must have an office or professional seat in the EEA (CPC 862).

EU/UK/TCA/Annex 19-24/en 53

In FR: Establishment or residency is required. Provision through any company form except SNC

(Société en nom collectif) and SCS (Société en commandite simple). Specific conditions apply to

SEL (sociétés d'exercice libéral), AGC (Association de gestion et comptabilité) and SPE (Société

pluri-professionnelle d'exercice). (CPC 86213, 86219, 86220).

In IT: Residence or business domicile is required for enrolment in the professional register, which is

necessary for the provision of accounting and bookkeeping services (CPC 86213, 86219, 86220).

In PT: (with respect also to Most-favoured-nation treatment): Residence or business domicile is

required for enrolment in the professional register by the Chamber of Certified Accountants (Ordem

dos Contabilistas Certificados), which is necessary for the provision of accounting services,

provided that there is reciprocal treatment for Portuguese nationals.

Measures:

AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.

I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4; and

Bilanzbuchhaltungsgesetz (BibuG), BGBL. I Nr. 191/2013, §§ 7, 11, 28.

EU/UK/TCA/Annex 19-24/en 54

FR: Ordonnance 45-2138 du 19 septembre 1945.

IT: Legislative Decree 139/2005; and Law 248/2006.

PT: Decree-Law n.º452/99, changed by Law n.º 139/2015, september 7th.

–
With respect to Cross-border trade in services Local presence:

In SI: Establishment in the European Union is required in order to provide accounting and

bookkeeping services (CPC 86213, 86219, 86220).

Measures:

SI: Act on services in the internal market, Official Gazette RS No 21/10.

–
(d) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)

–
With respect to Investment liberalisation National treatment, Most-favoured nation treatment and

Cross-border trade in services – National treatment, Most-favoured nation treatment:

EU/UK/TCA/Annex 19-24/en 55

In EU: Supply of statutory auditing services requires approval by the competent authorities of a

Member State that may recognise the equivalence of the qualifications of an auditor who is a

national of the United Kingdom or of any third country subject to reciprocity (CPC 8621).

Measures:

EU: Directive 2013/34/EU of the European Parliament and of the Council **[1]** ; and Directive

2006/43/EC of the European Parliament and of the Council **[2]** .

With respect to Investment liberalisation – Market access:

In BG: Non-discriminatory legal form requirements may apply.

Measures:

BG: Independent Financial Audit Act.

**1** 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).
**2** Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on
statutory audits of annual accounts and consolidated accounts, amending Council Directives
78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ EU L 157,
9.6.2006, p. 87).

EU/UK/TCA/Annex 19-24/en 56

–
With respect to Investment liberalisation Market access, National treatment, and Cross-border

trade in services – Local presence:

In AT: The capital interests and voting rights of foreign auditors, qualified according to the law of

their home country, in an Austrian enterprise may not exceed 25 per cent. The service supplier must

have an office or professional seat in the EEA.

Measures:

AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.

I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.

With respect to Investment liberalisation – Market access and Cross-border trade in services – Local

presence:

In DK: Provision of statutory auditing services requires Danish approval as an auditor. Approval

requires residency in a Member State of the EEA. Voting rights in approved audit firms of auditors

and audit firms not approved in accordance with regulation implementing the Directive 2006/43/EC

based on Article 54(3)(g) of the Treaty on statutory audit must not exceed 10 per cent of the voting

rights.

EU/UK/TCA/Annex 19-24/en 57

In FR: (with respect also to Most-favoured-nation treatment) For statutory audits: establishment or

residency is required. British nationals may provide statutory auditing services in France, subject to

reciprocity. Provision through any company form except those in which partners are considered to

be traders ("commerçants"), such as SNC (Société en nom collectif) and SCS (Société en

commandite simple).

In PL: Establishment in the European Union is required in order to provide auditing services.

Legal form requirements apply.

Measures:

DK: Revisorloven (The Danish Act on Approved Auditors and Audit Firms), Act No. 1287 of

20/11/2018.

FR: Code de commerce

PL: Act of 11 May 2017 on statutory auditors, audit firms and public oversight - Journal of Laws of

2017, item 1089.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In CY: Authorisation is required, subject to an economic needs test. Main criteria: the employment

situation in the sub-sector. Professional associations (partnerships) between natural persons are

permitted.

EU/UK/TCA/Annex 19-24/en 58

In SK: Only an enterprise in which at least 60 per cent of capital interests or voting rights are

reserved to Slovak nationals or nationals of a Member State may be authorised to carry out audits in

the Slovak Republic.

Measures:

CY: Auditors Law of 2017 (Law 53(I)/2017).

SK: Act No. 423/2015 on Statutory audit.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

National treatment, Local presence:

In DE: Auditing companies ("Wirtschaftsprüfungsgesellschaften") may only adopt legal forms

admissible within the EEA. General partnerships and limited commercial partnerships may be

recognised as "Wirtschaftsprüfungsgesellschaften" if they are listed as trading partnerships in the

commercial register on the basis of their fiduciary activities, Article 27 WPO. However, auditors

from third countries registered in accordance with Article 134 WPO may carry out the statutory

audit of annual fiscal statements or provide the consolidated financial statements of a company with

its headquarters outside the Union, whose transferable securities are offered for trading in a

regulated market.

Measures:

EU/UK/TCA/Annex 19-24/en 59

DE: Handelsgesetzbuch (HGB; Code of Commercial Law);

Gesetz über eine Berufsordnung der Wirtschaftsprüfer (Wirtschaftsprüferordnung - WPO; Public

Accountant Act).

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National treatment:

In ES: statutory auditors must be a national of a Member State. This reservation does not apply to

the auditing of non-European Union companies listed in a Spanish regulated market.

Measures:

ES: Ley 22/2015, de 20 de julio, de Auditoría de Cuentas (new Auditing Law: Law 22/2015 on

Auditing services).

–
With respect to Investment liberalisation Market access, National treatment:

In EE: Legal form requirements apply. The majority of the votes represented by the shares of an

audit firm shall belong to sworn auditors subject to supervision of a competent authority of a EEA

Member State, who have acquired their qualification in an EEA Member State, or to audit firms. At

least three-fourths of the persons representing an audit firm on the basis of law shall have acquired

their qualifications in an EEA Member State.

Measures:

EU/UK/TCA/Annex 19-24/en 60

EE: Auditors Activities Act (Audiitortegevuse seadus) § 76-77

–
With respect to Investment liberalisation National treatment, Most-favoured nation treatment and

Cross-border trade in services – Local presence:

In SI Commercial presence is required. A third country audit entity may hold shares or form

partnerships in Slovenian audit company provided that, under the law of the country in which the

third-country audit entity is incorporated, Slovenian audit companies may hold shares or form

partnership in an audit entity in that country (reciprocity requirement).

Measures:

SI: Auditing Act (ZRev-2), Official Gazette RS No 65/2008 (as last amended No 84/18); and

Companies Act (ZGD-1), Official Gazette RS No 42/2006 (as last amended No 22/19 - ZPosS).

–
With respect to Cross-border trade in services Local presence:

In BE: An establishment in Belgium is required where the professional activity will take place and

where acts, documents and correspondence relating to it will be maintained, and to have at least one

administrator or manager of the establishment approved as auditor.

In FI: EEA residency required for at least one of the auditors of a Finnish Limited Liability

company and of companies which are under the obligation to carry out an audit. An auditor must be

a locally-licensed auditor or a locally-licensed audit firm.

EU/UK/TCA/Annex 19-24/en 61

In HR: Auditing services may be provided only by legal persons established in Croatia or by natural

persons resident in Croatia.

In IT: Residency is required for the provision of auditing services by natural persons.

In LT: Establishment in the EEA is required for the provision of auditing services.

In SE: Only auditors approved in Sweden and auditing firms registered in Sweden may perform

statutory auditing services. EEA residency is required. The titles of "approved auditor" and

"authorised auditor" may only be used by auditors approved or authorised in Sweden. Auditors of

co-operative economic associations and certain other enterprises who are not certified or approved

accountants must be resident within the EEA, unless the Government, or a Government authority

appointed by the Government, in a particular case allows otherwise.

Measures:

BE: Law of December 7th 2016 on the organization of the profession and the public supervision of

auditors (Public Audit Act).

FI: Tilintarkastuslaki (Auditing Act) (459/2007), Sectoral laws requiring the use of locally licensed

auditors.

HR: Audit Act (OG 146/05, 139/08, 144/12), Article 3.

EU/UK/TCA/Annex 19-24/en 62

IT: Legislative Decree 58/1998, Articles 155, 158 and 161;

Decree of the President of the Republic 99/1998; and Legislative Decree 39/2010, Article 2.

LT: Law on Audit of 15 June 1999 No. VIII -1227 (a new version of 3 July 2008 No. X1676).

SE: Revisorslagen (Auditors Act) (2001:883);

Revisionslag (Auditing Act) (1999:1079);

Aktiebolagslagen (Companies Act) (2005:551);

Lag om ekonomiska föreningar (The Co-operative Economic Associations Act) (2018:672); and

Others, regulating the requirements to make use of approved auditors.

(e) Taxation advisory services (CPC 863, not including legal advisory and legal representational

services on tax matters, which are to be found legal services)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Local presence:

In AT: The capital interests and voting rights of foreign tax advisors, qualified according to the law

of their home country, in an Austrian enterprise may not exceed 25 per cent. The service supplier

must have an office or professional seat in the EEA.

Measures:

AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.

I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.

EU/UK/TCA/Annex 19-24/en 63

With respect to Investment liberalisation – Market access and Cross-border trade in services – Local

presence:

In FR: Establishment or residency is required. Provision through any company form except SNC

(Société en nom collectif) and SCS (Société en commandite simple). Specific conditions apply to

SEL (sociétés d'exercice libéral), AGC (Association de gestion et comptabilité) and SPE (Société

pluri-professionnelle d'exercice).

Measures:

FR: Ordonnance 45-2138 du 19 septembre 1945.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National treatment:

In BG: Nationality of a Member State is required for tax advisors.

Measures:

BG: Accountancy Act;

Independent Financial Audit Act; Income Taxes on Natural Persons Act; and Corporate Income Tax

Act.

EU/UK/TCA/Annex 19-24/en 64

–
With respect to Cross-border trade in services Local presence:

In HU: EEA residency is required for the supply of taxation advisory services.

In IT: Residency is required.

Measures:

HU: Act 150 of 2017 on taxing; Government Decree 2018/263 on the registration and training of

taxation advisory activities.

IT: Legislative Decree 139/2005; and Law 248/2006.

(f) Architecture and urban planning services, engineering and integrated engineering services

(CPC 8671, 8672, 8673, 8674)

EU/UK/TCA/Annex 19-24/en 65

With respect to Investment liberalisation – Market access:

In FR: An architect may only establish in France in order to provide architectural services using one

of the following legal forms (on a non-discriminatory basis): SA et SARL (sociétés anonymes, à

responsabilité limitée), EURL (Entreprise unipersonnelle à responsabilité limitée), SCP (en

commandite par actions), SCOP (Société coopérative et participative), SELARL (société d'exercice

libéral à responsabilité limitée), SELAFA (société d'exercice libéral à forme anonyme), SELAS

(société d'exercice libéral) or SAS (Société par actions simplifiée), or as individual or as a partner in

an architectural firm (CPC 8671).

Measures:

FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales; Décret 95-129

du 2 février 1995 relatif à l'exercice en commun de la profession d'architecte sous forme de société

en participation;

Décret 92-619 du 6 juillet 1992 relatif à l'exercice en commun de la profession d'architecte sous

forme de société d'exercice libéral à responsabilité limitée SELARL, société d'exercice libéral à

forme anonyme SELAFA, société d'exercice libéral en commandite par actions SELCA; and Loi

77-2 du 3 janvier 1977.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In BG: Residency in the EEA or the Swiss Confederation is required for architecture, urban

planning and engineering services provided by natural persons.

EU/UK/TCA/Annex 19-24/en 66

Measures:

BG: Spatial Development Act;

Chamber of Builders Act; and

Chambers of Architects and Engineers in Project Development Design Act.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National treatment:

In HR: A design or project created by a foreign architect, engineer or urban planner must be

validated by an authorised natural or legal person in Croatia with regard to its compliance with

Croatian Law (CPC 8671, 8672, 8673, 8674).

Measures:

HR: Act on Physical Planning and Building Activities (OG 118/18, 110/19)

Physical Planning Act (OG 153/13, 39/19).

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – National treatment, Local presence:

In CY: Nationality and residency condition applies for the provision of architecture and urban

planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674).

EU/UK/TCA/Annex 19-24/en 67

Measures:

CY: Law 41/1962 as amended; Law 224/1990 as amended; and Law 29(I)2001 as amended.

–
With respect to Cross-border trade in services Local presence:

In CZ: Residency in the EEA is required.

In HU: EEA residency is required for the supply of the following services, insofar as they are being

supplied by a natural person present in the territory of Hungary: architectural services, engineering

services (only applicable to graduate trainees), integrated Engineering services and landscape

architectural services (CPC 8671, 8672, 8673, 8674).

In IT: residency or professional domicile/business address in Italy is required for enrolment in the

professional register, which is necessary for the exercise of architectural and engineering services

(CPC 8671, 8672, 8673, 8674).

In SK: Residency in the EEA is required for registration in the professional chamber, which is

necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).

Measures:

CZ: Act no. 360/1992 Coll. on practice of profession of authorised architects and authorised

engineers and technicians working in the field of building constructions.

EU/UK/TCA/Annex 19-24/en 68

HU: Act LVIII of 1996 on the Professional Chambers of Architects and Engineers.

IT: Royal Decree 2537/1925 regulation on the profession of architect and engineer; Law

1395/1923; and

Decree of the President of the Republic (D.P.R.) 328/2001.

SK: Act 138/1992 on Architects and Engineers, Articles 3, 15, 15a, 17a and 18a.

–
With respect to Cross-border trade in services Market access, National treatment:

In BE: the provision of architectural services includes control over the execution of the works (CPC

8671, 8674). Foreign architects authorised in their host countries and wishing to practice their

profession on an occasional basis in Belgium are required to obtain prior authorisation from the

Council of Order in the geographical area where they intend to practice their activity.

Measures:

BE: Law of February 20, 1939 on the protection of the title of the architect's profession; and

Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th,

1983 of ethics established by national Council in the Order of Architects (Approved by Article 1st

of A.R. of April 18th, 1985, M.B., May 8th, 1985).

EU/UK/TCA/Annex 19-24/en 69

Reservation No. 3 - Professional services (health related and retail of pharmaceuticals)

Sector – sub-sector: Professional services – medical (including psychologists) and dental

services; midwives, nurses, physiotherapists and paramedical

personnel; veterinary services; retail sales of pharmaceutical, medical

and orthopaedic goods and other services provided by pharmacists

Industry classification: CPC 9312, 93191, 932, 63211

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Local presence

Chapter/Section: Investment Liberalisation and Cross-Border Trade in Services

Description:

(a) Medical, dental, midwives, nurses, physiotherapists and para-medical services (CPC 852,

9312, 93191)

EU/UK/TCA/Annex 19-24/en 70

–
With respect to Investment liberalisation National treatment, Most favoured nation treatment and

Cross-border trade in services – National treatment, Most favoured nation treatment:

In IT: European Union nationality is required for the services provided by psychologists, foreign

professionals may be allowed to practice based on reciprocity (part of CPC 9312).

Measures:

IT: Law 56/1989 on the psychologist profession.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market Access, National treatment, Local presence:

In CY: Cypriot nationality and residency condition applies for the provision of medical (including

psychologists), dental, midwives, nurses, physiotherapists and para-medical services.

Measures:

CY: Registration of Doctors Law (Chapter 250) as amended;

Registration of Dentists Law (Chapter 249) as amended;

Law 75(I)/2013 - Podologists;

Law 33(I)/2008 as amended- Medical Physics;

Law 34(I)/2006 as amended - Occupational Therapists;

Law 9(I)/1996 as amended - Dental Technicians;

Law 68(I)/1995 as amended - Psychologists;

Law 16(I)/1992 as amended - Opticians;

EU/UK/TCA/Annex 19-24/en 71

Law 23(I)/2011 as amended - Radiologists/Radiotherapists;

Law 31(I)/1996 as amended - Dieticians/Nutritionists;

Law 140/1989 as amended - Physiotherapists; and

Law 214/1988 as amended - Nurses.

With respect to Investment liberalisation – Market Access and Cross-border trade in services –

Market access, Local presence:

In DE (applies also to the regional level of government): Geographical restrictions may be imposed

on professional registration, which apply to nationals and non-nationals alike.

Doctors (including psychologists, psychotherapists, and dentists) need to register with the regional

associations of statutory health insurance physicians or dentists (kassenärztliche or

kassenzahnärztliche Vereinigungen), if they wish to treat patients insured by the statutory sickness

funds. This registration can be subject to quantitative restrictions based on the regional distribution

of doctors. For dentists this restriction does not apply. Registration is necessary only for doctors

participating in the public health scheme. Non-discriminatory restrictions on the legal form of

establishment required to provide these services may exist (§ 95 SGB V).

For midwives services, access is restricted to natural persons only. For medical and dental services,

access is possible for natural persons, licensed medical care centres and mandated bodies.

Establishment requirements may apply.

EU/UK/TCA/Annex 19-24/en 72

Regarding telemedicine, the number of ICT (information and communications technology) - service

suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards.

This is applied in a non-discriminatory way (CPC 9312, 93191).

Measures:

Bundesärzteordnung (BÄO; Federal Medical Regulation);

Gesetz über die Ausübung der Zahnheilkunde (ZHG);

Gesetz über den Beruf der Psychotherapeutin und des Psychotherapeuten (PsychThG; Act on the

Provision of Psychotherapy Services);

Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung (Heilpraktikergesetz);

Gesetz über das Studium und den Beruf von Hebammen(HebG);

Gesetz über die Pflegeberufe (PflBG);

Sozialgesetzbuch Fünftes Buch (SGB V; Social Code, Book Five) - Statutory Health Insurance.

Regional level:

Heilberufekammergesetz des Landes Baden-Württemberg;

Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der

Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der

Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HKaG) in Bayern;

Berliner Heilberufekammergesetz (BlnHKG);

Heilberufsgesetz Brandenburg (HeilBerG);

Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker

(Heilberufsgesetz - HeilBerG);

–
Heilberufsgesetz Mecklenburg-Vorpommern (Heilberufsgesetz M-V HeilBerG);

Heilberufsgesetz (HeilBG NRW);

Heilberufsgesetz (HeilBG Rheinland-Pfalz);

EU/UK/TCA/Annex 19-24/en 73

Gesetz über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte/ Ärztinnen, Zahnärzte/ Zahnärztinnen, psychologischen

Psychotherapeuten/ Psychotherapeutinnen und Kinder- und

Jugendlichenpsychotherapeuten/psychotherapeutinnen, Tierärzte/Tierärztinnen und

Apotheker/Apothekerinnen im Saarland (Saarländisches Heilberufekammergesetz - SHKG);

Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte, Zahnärzte,

Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder und

–
Jugendlichenpsychotherapeuten im Freistaat (Sächsisches Heilberufekammergesetz

SächsHKaG)and Thüringer Heilberufegesetz.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, Local presence:

In FR: While other types of legal form are also available for Union investors, foreign investors only

have access to the legal forms of "société d'exercice liberal"(SEL) and "société civile

professionnelle" (SCP). For medical, dental and midwives services, French nationality is required.

However, access by foreigners is possible within annually established quotas. For medical, dental

and midwives services and services by nurses, provision through SEL à forme anonyme, à

responsabilité limitée par actions simplifiée ou en commandite par actions SCP, société coopérative

(for independent general and specialised practitioners only) or société interprofessionnelle de soins

ambulatoires (SISA) for multidisciplinary health home (MSP) only.

Measures:

EU/UK/TCA/Annex 19-24/en 74

FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi n°2011

940 du 10 août 2011 modifiant certaines dipositions de la loi n°2009-879 dite HPST, Loi n°47-1775

portant statut de la coopération; and Code de la santé publique.

With respect to Investment liberalisation – Market access:

In AT: Cooperation of physicians for the purpose of ambulatory public healthcare, so-called group

practices, can take place only under the legal form of Offene Gesellschaft/OG or Gesellschaft mit

beschränkter Haftung/GmbH. Only physicians may act as associates of such a group practice. They

must be entitled to independent medical practice, registered with the Austrian Medical Chamber and

actively pursue the medical profession in the practice. Other natural or legal persons may not act as

associates of the group practice and may not take share in its revenues or profits (part of

CPC 9312).

Measures:

AT: Medical Act, BGBl. I Nr. 169/1998, §§ 52a - 52c;

Federal Act Regulating High Level Allied Health Professions, BGBl. Nr. 460/1992; and Federal

Act regulating Medical Masseurs lower and upper level, BGBl. Nr. 169/2002.

(b) Veterinary services (CPC 932)

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment and Cross-border trade in services – Market access, National treatment, Most-favoured

nation treatment:

EU/UK/TCA/Annex 19-24/en 75

In AT: Only nationals of a Member State of the EEA may provide veterinary services. The

nationality requirement is waived for nationals of a non-Member State of the EEA where there is a

Union agreement with that non-Member State of the EEA providing for national treatment with

respect to investment and cross-border trade of veterinary services.

In ES: Membership in the professional association is required for the practice of the profession and

requires Union nationality, which may be waived through a bilateral professional agreement. The

provision of veterinary services is restricted to natural persons.

In FR: EEA nationality is required for the supply of veterinary services, but the nationality

requirement may be waived subject to reciprocity. The legal forms available to a company

providing veterinary services are limited to SCP (Société civile professionnelle) and SEL (Société

d'exercice liberal).

Other legal forms of company provided for by French domestic law or the law of another Member

State of the EEA and having their registered office, central administration or principal place of

business therein may be authorised, under certain conditions.

Measures:

AT: Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/1975, §3 (2) (3).

ES: Real Decreto 126/2013, de 22 de febrero, por el que se aprueban los Estatutos Generales de la

Organización Colegial Veterinaria Española; Articles 62 and 64.

FR: Code rural et de la pêche maritime.

EU/UK/TCA/Annex 19-24/en 76

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – National treatment, Local presence:

In CY: Nationality and residency condition applies for the provision of veterinary services.

In EL: EEA or Swiss nationality is required for the supply of veterinary services.

In HR: Only legal and natural persons established in a Member State for the purpose of conducting

veterinary activities can supply cross border veterinary services in the Republic of Croatia. Only

Union nationals can establish a veterinary practice in the Republic of Croatia.

In HU: EEA nationality is required for membership of the Hungarian Veterinary Chamber,

necessary for supplying veterinary services. Authorisation for establishment is subject to an

economic needs test. Main criteria: labour market conditions in the sector.

Measures:

CY: Law 169/1990 as amended.

EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B).

HR: Veterinary Act (OG 83/13, 148/13, 115/18), Articles 3 (67), Articles 105 and 121.

HU: Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how to

supply Veterinary services.

EU/UK/TCA/Annex 19-24/en 77

–
With respect to Cross-border trade in services Local presence:

In CZ: Physical presence in the territory is required for the supply of veterinary services.

In IT and PT: Residency is required for the supply of veterinary services.

In PL: Physical presence in the territory is required for the supply of veterinary services to pursue

the profession of veterinary surgeon present in the territory of Poland, non- European Union

nationals have to pass an exam in Polish language organized by the Polish Chambers of Veterinary

Surgeons.

In SI: Only legal and natural persons established in a Member State for the purpose of conducting

veterinary activities can supply cross border veterinary services in to the Republic of Slovenia.

– –
With respect to Investment liberalisation Market acces, and Cross-border trade in services

Market access:

In SK: Residency in the EEA is required for registration in the professional chamber, which is

necessary for the exercise of the profession. The provision of veterinary services is restricted to

natural persons.

Measures:

CZ: Act No. 166/1999 Coll. (Veterinary Act), §58-63, 39; and

Act No. 381/1991 Coll. (on the Chamber of Veterinary Surgeons of the Czech Republic),

paragraph 4.

EU/UK/TCA/Annex 19-24/en 78

IT: Legislative Decree C.P.S. 233/1946, Articles 7-9; and

Decree of the President of the Republic (DPR) 221/1950, paragraph 7.

PL: Law of 21st December 1990 on the Profession of Veterinary Surgeon and Chambers of

Veterinary Surgeons.

PT: Decree-Law 368/91 (Statute of the Veterinary Professional Association) alterado p/ Lei

125/2015, 3 set.

SI Pravilnik o priznavanju poklicnih kvalifikacij veterinarjev (Rules on recognition of professional

qualifications for veterinarians), Uradni list RS, št. (Official Gazette No) 71/2008, 7/2011, 59/2014

in 21/2016, Act on services in the internal market, Official Gazette RS No 21/2010.

SK: Act 442/2004 on Private Veterinary Doctors and the Chamber of Veterinary Doctors, Article 2.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In DE (applies also to the regional level of government): The supply of veterinary services is

restricted to natural persons. Telemedicine may only be provided in the context of a primary

treatment involving the prior physical presence of a veterinary.

In DK and NL: The supply of veterinary services is restricted to natural persons.

In IE: The supply of veterinary services is restricted to natural persons or partnerships.

EU/UK/TCA/Annex 19-24/en 79

In LV: The supply of veterinary services is restricted to natural persons.

Measures:

DE: Bundes-Tierärzteordnung (BTÄO; Federal Code for the Veterinary Profession).

Regional level:

Acts on the Councils for the Medical Profession of the Länder (Heilberufs- und

Kammergesetze der Länder) and (based on these)

Baden-Württemberg, Gesetz über das Berufsrecht und die Kammern der Ärzte, Zahnärzte, Tierärzte

Apotheker, Psychologischen Psychotherapeuten sowie der Kinder- und

Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HBKG);

Bayern, Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der

Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der

Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HKaG);

Berliner Heilberufekammergesetz (BlnHKG);

Brandenburg, Heilberufsgesetz (HeilBerG);

Bremen, Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker

(Heilberufsgesetz - HeilBerG);

Hamburg, Hamburgisches Kammergesetz für die Heilberufe (HmbKGH);

Hessen, Gesetz über die Berufsvertretungen, die Berufsausübung, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen

Psychotherapeuten und Kinder- und Jugendlichenpsychotherapeuten (Heilberufsgesetz);

Mecklenburg-Vorpommern, Heilberufsgesetz (HeilBerG);

Niedersachsen, Kammergesetz für die Heilberufe (HKG);

Nordrhein-Westfalen, Heilberufsgesetz NRW (HeilBerg);

Rheinland-Pfalz, Heilberufsgesetz (HeilBG);

Saarland, Gesetz Nr. 1405 über die öffentliche Berufsvertretung, die Berufspflichten, die

Weiterbildung und die Berufsgerichtsbarkeit der Ärzte/Ärztinnen, Zahnärzte/Zahnärztinnen,

EU/UK/TCA/Annex 19-24/en 80

Tierärzte/Tierärztinnen und Apotheker/Apothekerinnen im Saarland (Saarländisches

Heilberufekammergesetz - SHKG);

Sachsen, Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte,

Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und

–
Jugendlichenpsychotherapeuten im Freistaat Sachsen (Sächsisches Heilberufekammergesetz

SächsHKaG);

Sachsen-Anhalt, Gesetz über die Kammern für Heilberufe Sachsen-Anhalt (KGHB-LSA);

Schleswig-Holstein, Gesetz über die Kammern und die Berufsgerichtsbarkeit für die Heilberufe

(Heilberufekammergesetz - HBKG);

Thüringen, Thüringer Heilberufegesetz (ThürHeilBG); and

Berufsordnungen der Kammern (Codes of Professional Conduct of the Veterinary Practitioners'

Councils).

DK: Lovbekendtgørelse nr. 40 af lov om dyrlæger af 15. januar 2020 (Consolidated act no. 40 of

January 15th, 2020, on veterinary surgeons).

IE: Veterinary Practice Act 2005.

LV: Veterinary Medicine Law.

NL: Wet op de uitoefening van de diergeneeskunde 1990 (WUD).

EU/UK/TCA/Annex 19-24/en 81

(c) Retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided

by pharmacists (CPC 63211)

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors:

In AT: The retail of pharmaceuticals and specific medical goods to the public may only be carried

out through a pharmacy. Nationality of a Member State of the EEA or the Swiss Confederation is

required in order to operate a pharmacy. Nationality of a Member State of the EEA or the Swiss

Confederation is required for leaseholders and persons in charge of managing a pharmacy.

Measures:

AT: Apothekengesetz (Pharmacy Law), RGBl. Nr. 5/1907 as amended, §§ 3, 4, 12;

Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a; and

Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.

–
With respect to Investment liberalisation Market Access, National Treatment:

In DE: Only natural persons (pharmacists) are permitted to operate a pharmacy. Nationals of other

countries or persons who have not passed the German pharmacy exam may only obtain a licence to

take over a pharmacy which has already existed during the preceding three years. The total number

of pharmacies per person is restricted to one pharmacy and up to three branch pharmacies.

EU/UK/TCA/Annex 19-24/en 82

In FR: EEA or Swiss nationality is required in order to operate a pharmacy.

Foreign pharmacists may be permitted to establish within annually established quotas. Pharmacy

opening must be authorised and commercial presence including sale at a distance of medicinal

products to the public by means of information society services, must take one of the legal forms

which are allowed under national law on a non-discriminatory basis: société d'exercice libéral

(SEL) anonyme, par actions simplifiée, à responsabilité limitée unipersonnelle or pluripersonnelle,

en commandite par actions, société en noms collectifs (SNC) or société à responsabilité limitée

(SARL) unipersonnelle or pluripersonnelle only.

Measures:

DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act);

Gesetz über den Verkehr mit Arzneimitteln (AMG);

Gesetz über Medizinprodukte (MPG);

Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV)

FR: Code de la santé publique; and

Loi 90-1258 du 31 décembre 1990 relative à l'exercice sous forme de société des professions

libérales and Loi 2015-990 du 6 août 2015.

With respect to Investment liberalisation – National Treatment:

In EL: European Union nationality is required in order to operate a pharmacy.

In HU: EEA nationality is required in order to operate a pharmacy.

EU/UK/TCA/Annex 19-24/en 83

In LV: In order to commence independent practice in a pharmacy, a foreign pharmacist or

pharmacist's assistant, educated in a state which is not a Member State or a Member State of the

EEA, must work for at least one year in a pharmacy in a Member State of the EEA under the

supervision of a pharmacist.

Measures:

EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.

HU: Act XCVIII of 2006 on the General Provisions Relating to the Reliable and Economically

Feasible Supply of Medicinal Products and Medical Aids and on the Distribution of Medicinal

Products.

LV: Pharmaceutical Law, s. 38.

With respect to Investment liberalisation – Market access:

In BG: Managers of pharmacies must be qualified pharmacists and may only manage one pharmacy

in which they themselves work. A quota (not more than 4) exists for the number of pharmacies

which may be owned per person in the Republic of Bulgaria.

In DK: Only natural persons, who have been granted a pharmacist licence from the Danish Health

and Medicines Authority, are permitted to provide retail services of pharmaceuticals and specific

medical goods to the public.

EU/UK/TCA/Annex 19-24/en 84

In ES, HR, HU, and PT: Establishment authorisation is subject to an economic needs test.

Main criteria: population and density conditions in the area.

In IE: The mail order of pharmaceuticals is prohibited, with the exception of non-prescription

medicines.

In MT: Issuance of Pharmacy licences under specific restrictions. No person shall have more than

one licence in his name in any town or village (Regulation 5(1) of the Pharmacy Licence

Regulations (LN279/07)), except in the case where there are no further applications for that town or

village (Regulation 5(2) of the Pharmacy Licence Regulations (LN279/07)).

In PT: In commercial companies where the capital is represented by shares, these shall be

nominative. A person shall not hold or exercise, at the same time, directly or indirectly, ownership,

operation or management of more than four pharmacies.

In SI The network of pharmacies in Slovenia consists of public pharmacy institutions, owned by

municipalities, and of private pharmacists with concession where the majority owner must be a

pharmacist by profession. Mail order of pharmaceuticals requiring a prescription is prohibited. Mail

order of non-prescription medicines requires special state permission.

Measures:

BG: Law on Medicinal Products in Human Medicine, arts. 222, 224, 228.

DK: Apotekerloven (Danish Pharmacy Act) LBK nr. 801 12/06/2018.

EU/UK/TCA/Annex 19-24/en 85

ES: Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (Law

16/1997, of 25 April, regulating services in pharmacies), Articles 2, 3.1; and

Real Decreto Legislativo 1/2015, de 24 de julio por el que se aprueba el Texto refundido de la Ley

de garantías y uso racional de los medicamentos y productos sanitarios (Ley 29/2006).

HR: Health Care Act (OG 100/18, 125/19).

HU: Act XCVIII of 2006 on the General Provisions Relating to the Reliable and Economically

Feasible Supply of Medicinal Products and Medical Aids and on the Distribution of Medicinal

Products.

IE: Irish Medicines Boards Acts 1995 and 2006 (No. 29 of 1995 and No. 3 of 2006); Medicinal

Products (Prescription and Control of Supply) Regulations 2003, as amended (S.I. 540 of 2003);

Medicinal Products (Control of Placing on the Market) Regulations 2007, as amended (S.I. 540 of

2007); Pharmacy Act 2007 (No. 20 of 2007); Regulation of Retail Pharmacy Businesses

Regulations 2008, as amended, (S.I. No 488 of 2008).

MT: Pharmacy Licence Regulations (LN279/07) issued under the Medicines Act (Cap. 458).

PT: Decree-Law 307/2007, Articles 9, 14 and 15 Alterado p/ Lei 26/2011, 16 jun., alterada:

–
p/ Acórdão TC 612/2011, 24/01/2012,

–
p/ Decreto-Lei 171/2012, 1 ago.,

–
p/ Lei 16/2013, 8 fev.,

–
p/ Decreto-Lei 128/2013, 5 set.,

–
p/ Decreto-Lei 109/2014, 10 jul.,

–
p/ Lei 51/2014, 25 ago.,

–
p/ Decreto-Lei 75/2016, 8 nov.; and Ordinance 1430/2007revogada p/ Portaria 352/2012, 30 out.

EU/UK/TCA/Annex 19-24/en 86

SI Pharmacy Services Act (Official Gazette of the RS No. 85/2016, 77/2017, 73/2019); and

Medicinal Products Act (Official Gazette of the RS, No. 17/2014, 66/2019).

–
With respect to Investment liberalisation Market Access, National treatment, Most-Favoured

Nation treatment and Cross-border trade in services – Market access, National treatment:

In IT: The practice of the profession is possible only for natural persons enrolled in the register, as

well as for legal persons in the form of partnerships, where every partner of the company must be

an enrolled pharmacist. Enrolment in the pharmacist professional register requires nationality of a

Member State of the European Union or residency and the practice of the profession in Italy.

Foreign nationals having the necessary qualifications may enrol if they are citizens of a country

with whom Italy has a special agreement, authorising the exercise of the profession, under condition

of reciprocity (D. Lgsl. CPS 233/1946 Articles 7-9 and D.P.R. 221/1950 paragraphs 3 and 7). New

or vacant pharmacies are authorised following a public competition. Only nationals of a Member

State of the European Union enrolled in the Register of pharmacists ("albo") are able to participate

in a public competition.

Establishment authorisation is subject to an economic needs test. Main criteria: population and

density conditions in the area.

Measures:

IT: Law 362/1991, Articles 1, 4, 7 and 9;

Legislative Decree CPS 233/1946, Articles 7-9; and

Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7).

EU/UK/TCA/Annex 19-24/en 87

–
With respect to Investment liberalisation Market Access, National treatment and Cross-border

trade in services – Market access, National treatment:

In CY: Nationality requirement applies for the provision of retail sales of pharmaceuticals, medical

and orthopaedic goods and other services provided by pharmacists (CPC 63211).

Measures:

CY: Pharmacy and Poisons Law (Chapter 254) as amended.

With respect to Investment liberalisation – Market access and Cross-border services – Market

access:

In BG The retail of pharmaceuticals and specific medical goods to the public may only be carried

out through a pharmacy. The mail order of pharmaceuticals is prohibited, with the exception of non

prescription medicines.

In EE: The retail of pharmaceuticals and specific medical goods to the public may only be carried

out through a pharmacy. Mail order sale of medicinal products as well as delivery by post or

express service of medicinal products ordered through the Internet is prohibited. Establishment

authorisation is subject to an economic needs test. Main criteria: density conditions in the area.

In EL: Only natural persons, who are licenced pharmacists, and companies founded by licenced

pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods

to the public.

EU/UK/TCA/Annex 19-24/en 88

In ES: Only natural persons, who are licenced pharmacists, are permitted to provide retail services

of pharmaceuticals and specific medical goods to the public. Each pharmacist cannot obtain more

than one licence.

In LU: Only natural persons are permitted to provide retail services of pharmaceuticals and specific

medical goods to the public.

In NL: Mail order of medicine is subject to requirements.

Measures:

BG: Law on Medicinal Products in Human Medicine, arts.219, 222, 228, 234(5).

EE: Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; § 29 (2) and § 41 (3); and

Tervishoiuteenuse korraldamise seadus (Health Services Organisation Act, RT I 2001, 50, 284).

EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.

ES: Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (Law

16/1997, of 25 April, regulating services in pharmacies), Articles 2, 3.1; and

Real Decreto Legislativo 1/2015, de 24 de julio por el que se aprueba el Texto refundido de la Ley

de garantías y uso racional de los medicamentos y productos sanitarios (Ley 29/2006).

LU: Loi du 4 juillet 1973 concernant le régime de la pharmacie (annex a043);

Règlement grand-ducal du 27 mai 1997 relatif à l'octroi des concessions de pharmacie (annex

a041); and

Règlement grand-ducal du 11 février 2002 modifiant le règlement grand-ducal du 27 mai 1997

relatif à l'octroi des concessions de pharmacie (annex a017).

EU/UK/TCA/Annex 19-24/en 89

NL: Geneesmiddelenwet, article 67.

With respect to Investment liberalisation – National treatment and Cross-border services – Local

presence:

In BG: Permanent residency is required for pharmacists.

Measures:

BG: Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228.

–
With respect to Cross-border trade in services Local presence:

In DE, SK: Residency is required in order to obtain a licence as a pharmacist or to open a pharmacy

for the retail of pharmaceuticals and certain medical goods to the public.

Measures:

DE: Gesetz über das Apothekenwesen (ApoG; German Pharmacy Act);

Gesetz über den Verkehr mit Arzneimitteln (AMG);

Gesetz über Medizinprodukte (MPG);

Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV).

SK: Act 362/2011 on pharmaceuticals and medical devices, Article 6; and

Act 578/2004 on healthcare providers, medical employees, professional organisation in healthcare.

EU/UK/TCA/Annex 19-24/en 90

Reservation No. 4 - Research and development services

Sector – sub-sector: Research and development (R&D) services

Industry classification: CPC 851, 853

Type of reservation: Market access

National treatment

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

The EU: For publicly funded research and development (R&D) services benefitting from funding

provided by the Union at the Union level, exclusive rights or authorisations may only be granted to

nationals of the Member States and to legal persons of the Union having their registered office,

central administration or principal place of business in the Union (CPC 851, 853).

EU/UK/TCA/Annex 19-24/en 91

For publicly funded R&D services benefitting from funding provided by a Member State exclusive

rights or authorisations may only be granted to nationals of the Member State concerned and to

legal persons of the Member State concerned having their headquarters in that Member State (CPC

851, 853).

This reservation is without prejudice to Part Five of this Agreement and to the exclusion of

procurement by a Party or subsidies, in Article 123(6) and (7) of this Agreement.

Measures:

EU: All currently existing and all future Union research or innovation framework programmes,

including the Horizon 2020 Rules for Participation and regulations pertaining to Joint Technology

Initiatives (JTIs), Article 185 Decisions, and the European Institute for Innovation and Technology

(EIT), as well as existing and future national, regional or local research programmes.

EU/UK/TCA/Annex 19-24/en 92

Reservation No. 5 - Real estate services

Sector – sub-sector: Real estate services

Industry classification: CPC 821, 822

Type of reservation: Market access

National treatment

Most-favoured nation treatment

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – National treatment, Local presence:

EU/UK/TCA/Annex 19-24/en 93

In CY: For the supply of real estate services, nationality and residency condition applies.

Measures:

CY: The Real Estate Agents Law 71(1)/2010 as amended.

–
With respect to Cross-border trade in services Local presence:

In CZ: Residency for natural persons and establishment for legal persons in the Czech Republic are

required to obtain the licence necessary for the provision of real estate services.

In HR: Commercial presence in EEA is required to supply real estate services.

In PT: EEA residency is required for natural persons. EEA incorporation is required for legal

persons.

Measures:

CZ: Trade Licensing Act.

HR: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2.

PT: Decree-Law 211/2004 (Articles 3 and 25), as amended and republished by Decree-Law

69/2011.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

Local presence:

EU/UK/TCA/Annex 19-24/en 94

In DK: For the supply of real estate services by a natural person present in the territory of Denmark,

only authorised real estate agent who are natural persons that have been admitted to the Danish

Business Authority's real estate agent register may use the title of "real estate agent". The act

requires that the applicant be a Danish resident or a resident of the Union, EEA or the Swiss

Confederation.

The Act on the sale of real estate is only applicable when providing real estate services to

consumers. The Act on the sale of real estate does not apply to the leasing of real estate (CPC 822).

Measures:

DK: Lov om formidling af fast ejendom m.v. lov. nr. 526 af 28.05.2014 (The Act on the sale of real

estate).

–
With respect to Cross-border trade in services Market access, National treatment, Most-favoured

nation treatment:

In SI: In so far as the United Kingdom allows Slovenian nationals and enterprises to supply real

estate agent services, Slovenia will allow nationals of the United Kingdom and enterprises to supply

real estate agent services under the same conditions, in addition to the fulfilment of the following

requirements: entitlement to act as a real estate agent in the country of origin, submission of the

relevant document on impunity in criminal procedures, and inscription into the registry of real

estate agents at the competent (Slovenian) ministry.

Measures:

SI: Real Estate Agencies Act.

EU/UK/TCA/Annex 19-24/en 95

Reservation No. 6 - Business services

Sector – sub-sector: Business services - rental or leasing services without operators;

services related to management consulting; technical testing and

analyses; related scientific and technical consulting services; services

incidental to agriculture; security services; placement services;

translation and interpretation services and other business services

Industry classification: ISIC Rev. 37, part of CPC 612, part of 621, part of 625, 831, part of

85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205,

87206, 87209, 87901, 87902, 87909, 88, part of 893

Type of reservation: Market access

National treatment

Most-favoured nation treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

EU/UK/TCA/Annex 19-24/en 96

Description:

(a) Rental or leasing services without operators (CPC 83103, CPC 831)

–
With respect to Investment liberalisation Market access, National treatment:

In SE: To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in

case of foreign ownership interests in ships. Dominating Swedish operating influence means that

the operation of the ship is located in Sweden and that the ship also has a more than half of the

shares of either Swedish ownership or ownership of persons in another EEA country. Other foreign

ships may under certain conditions be granted an exemption from this rule where they are rented or

leased by Swedish legal persons through bareboat charter contracts (CPC 83103).

Measures:

SE: Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1.

–
With respect to Cross-border trade in services Local presence:

In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles

(terrängmotorfordon) without a driver, rented or leased for a period of less than one year, are

obliged to appoint someone to be responsible for ensuring, among other things, that the business is

conducted in accordance with applicable rules and regulations and that the road traffic safety rules

are followed. The responsible person must reside in the EEA (CPC 831).

EU/UK/TCA/Annex 19-24/en 97

Measures:

SE: Lag (1998: 424) om biluthyrning (Act on renting and leasing cars).

(b) Rental or leasing services and other business services related to aviation

With respect to Investment liberalisation - Market access, National treatment, Most-favoured nation

treatment, and Cross-border trade in services - Market access, National treatment, Most-favoured

nation treatment:

The EU: For rental or leasing of aircraft without crew (dry lease), aircraft used by an air carrier of

the Union are subject to applicable aircraft registration requirements. A dry lease agreement to

which a Union carrier is a party shall be subject to requirements in the Union or national law on

aviation safety, such as prior approval and other conditions applicable to the use of third countries'

registered aircraft. To be registered, aircraft may be required to be owned either by natural persons

meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership

of capital and control (CPC 83104).

EU/UK/TCA/Annex 19-24/en 98

With respect to computer reservation system (CRS) services, where Union air carriers are not

accorded, by CRS services suppliers operating outside the Union, equivalent (meaning non

discriminatory) treatment to the treatment provided by Union CRS service suppliers to air carriers

of a third country in the Union, or where Union CRS services suppliers are not accorded, by non

Union air carriers, equivalent treatment to the treatment provided by air carriers in the Union to

CRS service suppliers of a third country, measures may be taken to accord the equivalent

discriminatory treatment, respectively, to the non-Union air carriers by the CRS services suppliers

operating in the Union, or to the non-Union CRS services suppliers by Union air carriers.

Measures:

EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council **[1]** ; and

Regulation (EC) No 80/2009 of the European Parliament and of the Council **[2]** .

With respect to Investment liberalisation - National treatment and Cross-border trade in services 

Market access, National treatment

In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a member state

of the EEA may only be registered if they are domiciled or resident in Belgium without interruption

for at least one year. Private (civil) aircraft belonging to foreign legal entities not formed in

accordance with the law of a member state of the EEA may only be registered if they have a seat of

operations, an agency or an office in Belgium without interruption for at least one year (CPC

83104).

**1** Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24
September 2008 on common rules for the operation of air services in the Community (OJ EU
L 293 31.10.2008, p. 3).
**2** Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January
2009 on a Code of Conduct for computerised reservation systems and repealing Council
Regulation (EEC) No 2299/89 (OJ EU L 35, 4.2.2009, p. 47).

EU/UK/TCA/Annex 19-24/en 99

Authorisation procedures for aerial fire-fighting, flight training, spraying, surveying, mapping,

photography, and other airborne agricultural, industrial and inspection services.

Measures:

BE: Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne.

–
(c) Services related to management consulting arbitration and conciliation services (CPC

86602)

–
With respect to Cross-border trade in services National treatment, Local presence:

In BG: For mediation services, permanent or long-term residency in the republic of Bulgaria is

required for citizens of countries other than a member state of the EEA or the Swiss Confederation.

In HU: A notification, for admission into the register, to the minister responsible for justice is

required for the pursuit of mediation (such as conciliation) activities.

Measures:

BG: Mediation Act, Art. 8.

HU: Act LV of 2002 on Mediation.

EU/UK/TCA/Annex 19-24/en 100

(d) Technical testing and analysis services (CPC 8676)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In CY: The provision of services by chemists and biologists requires nationality of a Member State.

In FR: The professions of biologist are reserved for natural persons, EEA nationality required.

Measures:

CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended.

FR: Code de la Santé Publique.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Local presence:

In BG: Establishment in Bulgaria according to the Bulgarian Commercial Act and registration in the

Commercial register is required for provision of technical testing and analysis services.

For the periodical inspection for proof of technical condition of road transport vehicles, the person

should be registered in accordance with the Bulgarian Commercial Act or the Non-Profit Legal

Persons Act, or else be registered in another Member State of the EEA.

EU/UK/TCA/Annex 19-24/en 101

The testing and analysis of the composition and purity of air and water may be conducted only by

the Ministry of Environment and Water of Bulgaria, or its agencies in co-operation with the

Bulgarian Academy of Sciences.

Measures:

BG: Technical Requirements towards Products Act;

Measurement Act;

Clean Ambient Air Act; and

Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road

transport vehicles.

–
With respect to Investment liberalisation National treatment, Most-favoured-nation treatment and

Cross-border trade in services –National treatment, Most-favoured-nation treatment, Local

presence:

In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and enrolment in

the professional register are required. Third country nationals can enrol under condition of

reciprocity.

Measures:

IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree

842/1928 on the profession of chemical analysts.

EU/UK/TCA/Annex 19-24/en 102

(e) Related scientific and technical consulting services (CPC 8675)

–
With respect to Investment liberalisation National treatment, Most-favoured nation treatment and

Cross-border trade in services –National treatment, Most-favoured-nation treatment, Local

presence:

In IT: Residency or professional domicile in Italy is required for enrolment in the geologists'

register, which is necessary for the practice of the professions of surveyor or geologist in order to

provide services relating to the exploration and the operation of mines, etc. Nationality of a Member

State is required; however, foreigners may enrol under condition of reciprocity.

Measures:

IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – National treatment, Local presence:

In BG: For natural persons, nationality and residency of a Member State of the EEA or the Swiss

Confederation is required in order to execute functions pertinent to geodesy, cartography and

cadastral surveying. For legal entities, trade registration under the legislation of a Member State of

the EEA or the Swiss Confederation is required.

Measures:

EU/UK/TCA/Annex 19-24/en 103

BG: Cadastre and Property Register Act; and Geodesy and Cartography Act.

With respect to Investment liberalisation – National Treatment and Cross-border trade in services –

National treatment:

In CY: Nationality requirement applies for the provision of relevant services.

Measures:

CY: Law 224/1990 as amended.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access:

In FR: For surveying, access through SEL (anonyme, à responsabilité limitée ou en commandite par

actions), SCP (Société civile professionnelle), SA and SARL (sociétés anonymes, à responsabilité

limitée) only. For exploration and prospecting services establishment is required. This requirement

may be waived for scientific researchers, by decision of the Minister of scientific research, in

agreement with the Minister of Foreign affairs.

Measures:

FR: Loi 46-942 du 7 mai 1946 and décret n°71-360 du 6 mai 1971.

EU/UK/TCA/Annex 19-24/en 104

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services –National treatment, Local presence:

In HR: Services of basic geological, geodetic and mining consulting as well as related

environmental protection consulting services in the territory of Croatia can be carried out only

jointly with or through domestic legal persons.

Measures:

HR: Ordinance on requirements for issuing approvals to legal persons for performing professional

environmental protection activities (OG No.57/10), Arts. 32-35.

(f) Services incidental to agriculture (part of CPC 88)

With respect to Investment liberalisation –National treatment and Cross-border trade in services –

National treatment, Most-favoured-nation treatment, Local presence:

In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and enrolment in

the professional register are required. Third country nationals can enrol under condition of

reciprocity.

Measures:

EU/UK/TCA/Annex 19-24/en 105

IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree

842/1928 on the profession of chemical analysts.

–
With respect to Investment liberalisation Market access, Most-favoured-nation treatment and

Cross-border trade in services – Market access, Most-favoured-nation treatment:

In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural

persons. For third-country nationals, reciprocity regime applies in the case of engineers and

technical engineers (and not a citizenship requirement). For biologists, there is not a citizenship

requirement nor a reciprocity requirement.

Measures:

PT: Decree Law 119/92 alterado p/ Lei 123/2015, 2 set. (Ordem Engenheiros);

Law 47/2011 alterado p/ Lei 157/2015, 17 set. (Ordem dos Engenheiros Técnicos); and

Decree Law 183/98 alterado p/ Lei 159/2015, 18 set. (Ordem dos Biólogos).

(g) Security Services (CPC 87302, 87303, 87304, 87305, 87309)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment, Local presence:

In IT: Nationality of a Member State of the European Union and residency is required in order to

obtain the necessary authorisation to supply security guard services and the transport of valuables.

EU/UK/TCA/Annex 19-24/en 106

In PT: The provision of security services by a foreign supplier on a cross-border basis is not

allowed.

A nationality requirement exists for specialised personnel.

Measures:

IT: Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940, Article

257.

PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria

106/2015, 13 abril.

–
With respect to Investment liberalisation National treatment, Most-Favoured Nation treatment and

Cross-border trade in services – Local presence:

In DK: Residence requirement for individuals applying for an authorisation to provide security

services.

Residence is also required for managers and the majority of members of the board of a legal entity

applying for an authorisation to conduct security services. However, residence for management and

boards of directors is not required to the extent it follows from international agreements or orders

issued by the Minister for Justice.

EU/UK/TCA/Annex 19-24/en 107

Measures:

DK: Lovbekendtgørelse 2016-01-11 nr. 112 om vagtvirksomhed.

–
With respect to Cross-border trade in services Local presence:

In EE: Residency is required for security guards.

Measures:

EE: Turvaseadus (Security Act) § 21, § 22.

(h) Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment (applies to the regional level of government):

In BE: In all Regions in Belgium, a company having its head office outside the EEA has to

demonstrate that it supplies placement services in its country of origin. In the Walloon Region, a

specific type of legal entity (régulièrement constituée sous la forme d'une personne morale ayant

une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie

par celui-ci, quelle que soit sa forme juridique) is required to supply placement services. A

company having its head office outside the EEA has to demonstrate that it fulfils the conditions as

set out in the Decree (for instance on the type of legal entity). In the German-speaking community,

a company having its head office outside the EEA has to fulfil the admission criteria established by

the mentioned Decree (CPC 87202).

EU/UK/TCA/Annex 19-24/en 108

Measures:

BE: Flemish Region: Article 8, § 3, Besluit van de Vlaamse Regering van 10 december 2010 tot

uitvoering van het decreet betreffende de private arbeidsbemiddeling.

Walloon Region: Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de

placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and Arrêté du

Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril 2009 relatif à

l'enregistrement ou à l'agrément des agences de placement (Decision of the Walloon Government of

10 December 2009 implementing the Decree of 3 April 2009 on registration of placement

agencies), Article 4.

German-speaking community: Dekret über die Zulassung der Leiharbeitsvermittler und die

Überwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif à l'agrément des

agences de travail intérimaire et à la surveillance des agences de placement privées, Article 6.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National treatment, Local presence:

EU/UK/TCA/Annex 19-24/en 109

In DE: Nationality of a Member State of the European Union or a commercial presence in the

European Union is required in order to obtain a licence to operate as a temporary employment

agency pursuant to Sec. 3 paragraphs 3 to 5 of this Act on temporary agency work

(Arbeitnehmerüberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may issue a

regulation concerning the placement and recruitment of non-EEA personnel for specified

professions e.g. for health and care related professions. The licence or its extension shall be refused

if establishments, parts of establishments or ancillary establishments which are not located in the

EEA are intended to execute the temporary employment pursuant to Sec. 3 paragraph 2 of the Act

on temporary agency work (Arbeitnehmerüberlassungsgesetz).

Measures:

DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG);

Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) - Employment Promotion;

Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on

the Employment of Foreigners).

With respect to Investment liberalisation – Market access:

In ES: Prior to the start of the activity, placement agencies are required to submit a sworn statement

certifying the fulfilment of the requirements stated by the current legislation (CPC 87201, 87202).

Measures:

ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el crecimiento,

la competitividad y la eficiencia (tramitado como Ley 18/2014, de 15 de octubre).

EU/UK/TCA/Annex 19-24/en 110

(i) Translation and interpretation services (CPC 87905)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access:

In BG: To carry out official translation activities foreign natural persons are required to hold a

permit for long-term or permanent residency in the Republic of Bulgaria.

Measures:

BG: Regulation for the legalisation, certification and translation of documents.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In HU: Official translations, official certifications of translations, and certified copies of official

documents in foreign languages may only be provided by the Hungarian Office for Translation and

Attestation (OFFI).

In PL: Only natural persons may be sworn translators.

Measures:

HU: Decree of the Council of Ministers No. 24/1986 on Official translation and interpretation.

EU/UK/TCA/Annex 19-24/en 111

PL: Act of 25 November 2004 on the profession of sworn translator or interpreter (Journal of Laws

from 2019 item 1326).

With respect to Cross-border trade in services –Market Access:

In FI: Residency in the EEA is required for certified translators.

Measures:

FI: Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), s. 2(1).

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National treatment:

In CY: Registration to registry of translators is necessary for the provision of official translation and

certification services. Nationality requirement applies.

In HR: EEA nationality is required for certified translators.

Measures:

CY: The Establishment, Registration and Regulation of the Certified Translator Services in the

Republic of Cyprus Law.

HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2.

EU/UK/TCA/Annex 19-24/en 112

(j) Other business services (part of CPC 612, part of 621, part of 625, 87901, 87902, 88493, part

of 893, part of 85990, 87909, ISIC 37)

With respect to Investment liberalisation – Market access:

In SE: Pawn-shops must be established as a limited liability company or as a branch (part of CPC

87909).

– –
With respect to Investment liberalisation Market access, and Cross-border trade in services

Local presence:

In CZ: Only an authorised package company is allowed to supply services relating to packaging

take-back and recovery and must be a legal person established as a joint-stock company (CPC

88493, ISIC 37).

– –
With respect to Investment liberalisation Market access, and Cross-border trade in services

Market access:

In NL: To provide hallmarking services, commercial presence in the Netherlands is required. The

hallmarking of precious metal Articles is currently exclusively granted to two Dutch public

monopolies (part of CPC 893).

Measures:

CZ: Act. 477/2001 Coll. (Packaging Act) paragraph 16.

EU/UK/TCA/Annex 19-24/en 113

SE: Pawn shop act (1995:1000).

NL: Waarborgwet 1986.

–
With respect to Investment liberalisation Market Access, National Treatment:

In PT: Nationality of a Member State is required for the provision of collection agency services and

credit reporting services (CPC 87901, 87902).

Measures:

PT: Law 49/2004.

–
With respect to Investment liberalisation Market access, National Treatment and Cross-border

trade in services – Local presence:

In CZ: Auction services are subject to licence. To obtain a licence (for the supply of voluntary

public auctions), a company must be incorporated in the Czech Republic and a natural person is

required to obtain a residency permit, and the company, or natural person must be registered in the

Commercial Register of the Czech Republic (part of CPC 612, part of 621, part of 625, part

of 85990).

Measures:

EU/UK/TCA/Annex 19-24/en 114

CZ: Act no.455/1991 Coll.;

Trade Licence Act; and

Act no. 26/2000 Coll., on public auctions.

With respect to Cross-border trade in services –Market access:

In SE: The economic plan for a building society must be certified by two persons. These persons

must be publicly approved by authorities in the EEA (CPC 87909).

Measures:

SE: Cooperative building societies law (1991:614).

EU/UK/TCA/Annex 19-24/en 115

Reservation No. 7 - Communication services

Sector – sub-sector: Communication services - postal and courier services

Industry classification: Part of CPC 71235, part of 73210, part of 751

Type of reservation: Market access

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

With respect to Investment liberalisation - Market access and Cross-border trade in services 

Market access:

The EU: The organisation of the siting of letter boxes on the public highway, the issuing of postage

stamps and the provision of the registered mail service used in the course of judicial or

administrative procedures may be restricted in accordance with national legislation. Licensing

systems may be established for those services for which a general universal service obligation

exists. These licences may be subject to particular universal service obligations or a financial

contribution to a compensation fund.

EU/UK/TCA/Annex 19-24/en 116

Measures:

EU: Directive 97/67/EC of the European Parliament and of the Council **[1]** .

**1** Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on
common rules for the development of the internal market of Community postal services and
the improvement of quality of service (OJ EU L 15 21.1.1998, p. 14).

EU/UK/TCA/Annex 19-24/en 117

Reservation No. 8 - Construction Services

Sector – sub-sector: Construction and related engineering services

Industry classification: CPC 51

Type of reservation: National treatment

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

In CY: Nationality requirement.

Measure:

The Registration and Control of Contractors of Building and Technical Works Law of 2001 (29 (I) /

2001), Articles 15 and 52.

EU/UK/TCA/Annex 19-24/en 118

Reservation No. 9 - Distribution services

Sector – sub-sector: Distribution services – general, distribution of tobacco

Industry classification: CPC 3546, part of 621, 6222, 631, part of 632

Type of reservation: Market access

National treatment

Local presence

Chapter: Investment liberalisation; Cross-Border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

(a) Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)

With respect to Investment liberalisation – Market access:

EU/UK/TCA/Annex 19-24/en 119

In PT: A specific authorisation scheme exists for the installation of certain retail establishments and

shopping centres. This relates to shopping centres that have a gross leasable area equal or greater

than 8,000 m [2], and retail establishments having a sales area equal or exceeding 2,000 m [2], when

located outside shopping centres. Main criteria: Contribution to a multiplicity of commercial offers;

assessment of services to consumer; quality of employment and corporate social responsibility;

integration in urban environment; contribution to eco-efficiency (CPC 631, 632 except 63211,

63297).

Measures:

PT: Decree-Law No. 10/2015, 16 January.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In CY: Nationality requirement exists for distribution services provided by pharmaceutical

representatives (CPC 62117).

Measures:

CY: Law 74(I) 2020 as amended.

With respect to Investment liberalisation – Market access and Cross-border trade in services – Local

presence:

EU/UK/TCA/Annex 19-24/en 120

In LT: The distribution of pyrotechnics is subject to licensing. Only legal persons of the Union may

obtain a licence (CPC 3546).

Measures:

LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).

(b) Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In ES: There is a state monopoly on retail sales of tobacco. Establishment is subject to a Member

State nationality requirement. Only natural persons may operate as a tobacconist. Each tobacconist

cannot obtain more than one license (CPC 63108).

In FR: State monopoly on wholesale and retail sales of tobacco. Nationality requirement for

tobacconists (buraliste) (part of CPC 6222, part of 6310).

Measures:

ES: Law 14/2013 of 27 September 2014.

FR: Code général des impôts.

EU/UK/TCA/Annex 19-24/en 121

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In AT: Only natural persons may apply for an authorisation to operate as a tobacconist.

Priority is given to nationals of a Member State of the EEA (CPC 63108).

Measures:

AT: Tobacco Monopoly Act 1996, § 5 and § 27.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access, National treatment:

In IT: In order to distribute and sell tobacco, a licence is needed. The licence is granted through

public procedures. The granting of licences is subject to an economic needs test. Main criteria:

population and geographical density of existing selling points (part of CPC 6222, part of 6310).

Measures:

IT: Legislative Decree 184/2003;

Law 165/1962;

Law 3/2003;

Law 1293/1957;

Law 907/1942; and

Decree of the President of the Republic (D.P.R.) 1074/1958.

EU/UK/TCA/Annex 19-24/en 122

Reservation No. 10 - Education services

Sector – sub-sector: Education services (privately funded)

Industry classification: CPC 921, 922, 923, 924

Type of reservation: Market access

National treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access:

EU/UK/TCA/Annex 19-24/en 123

In CY: Nationality of a Member State is required for owners and majority shareholders in a

privately funded school. Nationals of the United Kingdom may obtain authorisation from the

Minister (of Education) in accordance with the specified form and conditions.

Measures:

CY: Private Schools Law of 2019 (N. 147(I)/2019)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In BG: Privately funded primary and secondary education services may only be supplied by

authorised Bulgarian enterprises (commercial presence is required). Bulgarian kindergartens and

schools having foreign participation may be established or transformed at the request of

associations, or corporations, or enterprises of Bulgarian and foreign natural or legal entities, duly

registered in Bulgaria, by decision of the Council of Ministers on a motion by the Minister of

Education and Science. Foreign owned kindergartens and schools may be established or

transformed at the request of foreign legal entities in accordance with international agreements and

conventions and under the provisions above. Foreign higher education institutions cannot establish

subsidiaries in the territory of Bulgaria. Foreign higher education institutions may open faculties,

departments, institutes and colleges in Bulgaria only within the structure of Bulgarian high schools

and in cooperation with them (CPC 921, 922).

EU/UK/TCA/Annex 19-24/en 124

Measures:

BG: Pre-school and School Education Act; and

Law for the Higher Education, paragraph 4 of the additional provisions.

–
With respect to Investment liberalisation Market access, National treatment

In SI: Privately funded elementary schools may be founded by Slovenian natural or legal persons

only. The service supplier must establish a registered office or branch office (CPC 921).

Measures:

SI: Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia, no.

12/1996) and its revisions, Article 40.

–
With respect to Cross-border services Local presence:

In CZ and SK: Establishment in a Member State is required to apply for state approval to operate as

a privately funded higher education institution. This reservation does not apply to post-secondary

technical and vocational education services (CPC 92310).

Measures:

EU/UK/TCA/Annex 19-24/en 125

CZ: Act No. 111/1998, Coll. (Higher Education Act), § 39; and

Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other Education

(the Education Act).

SK: Law No. 131/2002 on Universities.

With respect to Investment liberalisation – Market access and Cross-border services: Market access:

In ES and IT: An authorisation is required in order to open a privately funded university which

issues recognised diplomas or degrees. An economic needs test is applied. Main criteria: population

and density of existing establishments.

In ES: The procedure involves obtaining the advice of the Parliament.

In IT: This is based on a three-year programme and only Italian legal persons may be authorised to

issue state-recognised diplomas (CPC 923).

Measures:

ES: Ley Orgánica 6/2001, de 21 de Diciembre, de Universidades (Law 6 / 2001 of 21 December, on

Universities), Article 4.

EU/UK/TCA/Annex 19-24/en 126

IT: Royal Decree 1592/1933 (Law on secondary education);

Law 243/1991 (Occasional public contribution for private universities);

Resolution 20/2003 of CNVSU (Comitato nazionale per la valutazione del sistema universitario);

and

Decree of the President of the Republic (DPR) 25/1998.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access:

In EL: Nationality of a Member State is required for owners and a majority of the members of the

board of directors in privately funded primary and secondary schools, and for teachers in privately

funded primary and secondary education (CPC 921, 922). Education at university level shall be

provided exclusively by institutions which are fully self-governed public law legal persons.

However, Law 3696/2008 permits the establishment by Union residents (natural or legal persons) of

private tertiary education institutions granting certificates which are not recognised as being

equivalent to university degrees (CPC 923).

Measures:

EL: Laws 682/1977, 284/1968, 2545/1940, Presidential Degree 211/1994 as amended by

Presidential Degree 394/1997, Constitution of Hellas, Article 16, paragraph 5 and Law 3549/2007.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

EU/UK/TCA/Annex 19-24/en 127

In AT: The provision of privately funded university level education services in the area of applied

sciences requires an authorisation from the competent authority, the AQ Austria (Agency for

Quality Assurance and Accreditation Austria). An investor seeking to provide such services must

have his primary business being the supply of such services, and must submit a needs assessment

and a market survey for the acceptance of the proposed study programme. The competent Ministry

may deny the approval if the decision of the accreditation authority does not comply with national

educational interests. The applicant for a private university requires an authorisation from the

competent authority (AQ Austria - Agency for Quality Assurance and Accreditation Austria). The

competent Ministry may deny the approval if the decision of the accreditation authority does not

comply with national educational interests (CPC 923).

Measures:

AT: University of Applied Sciences Studies Act, BGBl. I Nr. 340/1993 as amended, § 2, 8; Private

Higher Education Institution Act, BGBl. I Nr. 77/2020, § 2; and

Act on Quality Assurance in Higher Education, BGBl. Nr. 74/2011 as amended, § 25 (3).

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment and Cross-border trade in services – Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 128

In FR: Nationality of a Member State is required in order to teach in a privately funded educational

institution (CPC 921, 922, 923). However, nationals of the United Kingdom may obtain an

authorisation from the relevant competent authorities in order to teach in primary, secondary and

higher level educational institutions. Nationals of the United Kingdom may also obtain an

authorisation from the relevant competent authorities in order to establish and operate or manage

primary, secondary or higher level educational institutions. Such authorisation is granted on a

discretionary basis.

Measures:

FR: Code de l'éducation.

– –
With respect to Investment Market access, National treatment and Cross-border trade in services

Market access, National treatment:

In MT: Service suppliers seeking to provide privately funded higher or adult education services

must obtain a licence from the Ministry of Education and Employment. The decision on whether to

issue a licence may be discretionary (CPC 923, 924).

Measures:

MT: Legal Notice 296 of 2012.

EU/UK/TCA/Annex 19-24/en 129

Reservation No. 11 - Environmental services

Sector – sub-sector: Environmental services – processing and recycling of used batteries

and accumulators, old cars and waste from electrical and electronic

equipment; protection of ambient air and climate cleaning services of

exhaust gases

Industry classification: Part of CPC 9402, 9404

Type of reservation: Local presence

Chapter: Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

In SE: Only entities established in Sweden or having their principal seat in Sweden are eligible for

accreditation to perform control services of exhaust gas (CPC 9404).

In SK: For processing and recycling of used batteries and accumulators, waste oils, old cars and

waste from electrical and electronic equipment, incorporation in the EEA is required (residency

requirement) (part of CPC 9402).

EU/UK/TCA/Annex 19-24/en 130

Measures:

SE: The Vehicles Act (2002:574).

SK: Act 79/2015 on Waste.

EU/UK/TCA/Annex 19-24/en 131

Reservation No. 12 – Financial Services

Sector – sub-sector: Financial services – insurance and banking

Industry classification: Not applicable

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

(a) Insurance and Insurance-related Services

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 132

In IT: Access to the actuarial profession through natural persons only. Professional associations (no

incorporation) among natural persons permitted. European Union nationality is required for the

practice of the actuarial profession, except for foreign professionals who may be allowed to practice

based on reciprocity.

Measures:

IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005);

and Law 194/1942, Article 4, Law 4/1999 on the register.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Local presence:

In BG: Pension insurance shall be carried out as a joint-stock company licensed in accordance with

the Code of Social Insurance and registered under the Commerce Act or under the legislation of

another Member State of the EU (no branches).

In BG, ES, PL and PT: Direct branching is not permitted for insurance intermediation, which is

reserved to companies formed in accordance with the law of a Member State (local incorporation is

required). For PL, residency requirement for insurance intermediaries.

Measures:

BG: Insurance Code, articles 12, 56-63, 65, 66 and 80 paragraph 4, Social Insurance Code Art.

120a–162, Art. 209–253, Art. 260–310.

EU/UK/TCA/Annex 19-24/en 133

ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y

Reaseguradoras (RD 1060/2015, de 20 de noviembre de 2015), article 36.

PL: Act on insurance and reinsurance activity of September 11, 2015 (Journal of Laws of 2020,

item 895 and 1180); Act on insurance distribution of December 15, 2017 (Journal of Laws 2019,

item 1881); Act on the organization and operation of pension funds of August 28, 1997 (Journal of

Laws of 2020, item 105); Act of 6 March 2018 on rules regarding economic activity of foreign

entrepreneurs and other foreign persons in the territory of the Republic of Poland.

PT: Article 7 of Decree-Law 94-B/98 revoked by Decree-Law 2/2009, January 5th; and chapter I,

Section VI of Decree-Law 94-B/98, articles 34, nr. 6, 7, and article 7 of Decree-Law 144/2006,

revoked by Law 7/2019, January 16th. Article 8 of the legal regime governing the business of

insurance and reinsurance distribution, approved by Law 7/2019, of January 16 [th] .

With respect to Investment liberalisation – National treatment:

In AT: The management of a branch office must consist of at least two natural persons resident in

AT.

In BG: Residency requirement for the members of managing and supervisory body of (re)insurance

undertakings and every person authorised to manage or represent the (re)insurance undertaking.

EU/UK/TCA/Annex 19-24/en 134

The Chairperson of the Management Board, the Chairperson of the Board of Directors, the

Executive Director and the Managerial Agent of pension insurance companies must have a

permanent address or hold a durable residence permit in Bulgaria.

Measures:

AT: Insurance Supervision Act 2016, Article 14 para. 1 no. 3, Federal Law Gazette I No. 34/2015

(Versicherungsaufsichtsgesetz 2016, § 14 Abs. 1 Z 3, BGBl. I Nr. 34/2015)

BG: Insurance Code, articles 12, 56-63, 65, 66 and 80 paragraph 4,

Social Insurance Code, Art. 120a–162, Art. 209–253, Art. 260–310

–
With respect to Investment liberalisation Market access, National treatment:

In BG: Before establishing a branch or agency to provide insurance, a foreign insurer or reinsurer

must have been authorised to operate in its country of origin in the same classes of insurance as

those it wishes to provide in BG.

The income of the supplementary voluntary pension funds, as well as similar income directly

connected with voluntary pension insurance, carried out by persons who are registered under the

legislation of another Member State and who may, in compliance with the legislation concerned,

perform voluntary pension insurance operations, shall not be taxable according to the procedure

established by the Corporate Income Tax Act.

EU/UK/TCA/Annex 19-24/en 135

In ES: Before establishing a branch or agency in Spain in order to provide certain classes of

insurance, a foreign insurer must have been authorised to operate in the same classes of insurance in

its country of origin for at least five years.

In PT: In order to establish a branch or agency, foreign insurance undertakings must have been

authorised to carry out the business of insurance or reinsurance, according to the relevant national

law for at least five years.

Measures:

BG: Insurance Code, articles 12, 56-63, 65, 66 and 80 paragraph 4,

Social Insurance Code, Art. 120a–162, Art. 209–253, Art. 260–310.

ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y

Reaseguradoras (RD 1060/2015, de 20 de noviembre de 2015), article 36.

PT: Article 7 of Decree-Law 94-B/98 and chapter I, Section VI of Decree-Law 94-B/98, articles 34,

nr. 6, 7, and article 7 of Decree-Law 144/2006; Article 215 of legal regime governing the taking up

and pursuit of the business of insurance and reinsurance, approved by Law 147/2005, of September

9th.

With respect to Investment liberalisation – Market access:

In AT: In order to obtain a licence to open a branch office, foreign insurers must have a legal form

corresponding or comparable to a joint stock company or a mutual insurance association in their

home country.

EU/UK/TCA/Annex 19-24/en 136

In EL: Insurance and reinsurance undertakings with head offices in third countries may operate in

Greece via establishing a subsidiary or a branch, where branch in this case does not take any

specific legal form, as it means a permanent presence in the territory of a Member State (i.e.

Greece) of an undertaking with head office outside EU, which receives authorisation in that

Member State (Greece) and which pursues insurance business.

Measures:

AT: Insurance Supervision Act 2016, Article 14 para. 1 no. 1, Federal Law Gazette I No. 34/2015

(Versicherungsaufsichtsgesetz 2016, § 14 Abs. 1 Z 1, BGBl. I Nr. 34/2015).

EL: Art. 130 of the Law 4364/ 2016 (Gov. Gazette 13/ A/ 05.02.2016).

–
With respect to Cross-border trade in services National treatment, Local presence:

In AT: Promotional activity and intermediation on behalf of a subsidiary not established in the

Union or of a branch not established in AT (except for reinsurance and retrocession) are prohibited.

In DK: No persons or companies (including insurance companies) may, for business purposes,

assist in effecting direct insurance for persons resident in DK, for Danish ships or for property in

DK, other than insurance companies licensed by Danish law or by Danish competent authorities.

EU/UK/TCA/Annex 19-24/en 137

In SE: The supply of direct insurance by a foreign insurer is allowed only through the mediation of

an insurance service supplier authorised in Sweden, provided that the foreign insurer and the

Swedish insurance company belong to the same group of companies or have an agreement of

cooperation between them.

–
With respect to Cross-border trade in services Local presence:

In DE, HU and LT: The supply of direct insurance services by insurance companies not

incorporated in the European Union requires the setting up and authorisation of a branch.

In SE: The provision of insurance intermediation services by undertakings not incorporated in the

EEA requires the establishment of a commercial presence (local presence requirement).

In SK: Air and maritime transport insurance, covering the aircraft/vessel and responsibility, can be

underwritten only by insurance companies established in the Union or by the branch office of the

insurance companies not established in the Union authorised in the Slovak Republic.

Measures

AT: Insurance Supervision Act 2016, Article 13 para. 1 and 2, Federal Law Gazette I No. 34/2015

(Versicherungsaufsichtsgesetz 2016, § 13 Abs. 1 und 2, BGBl. I Nr. 34/2015)

EU/UK/TCA/Annex 19-24/en 138

DE: Versicherungsaufsichtsgesetz (VAG) for all insurance services; in connection with

Luftverkehrs-Zulassungs-Ordnung (LuftVZO) only for compulsory air liability insurance.

DK: Lov om finansiel virksomhed jf. lovbekendtgørelse 182 af 18. februar 2015.

HU: Act LX of 2003.

LT: Law on Insurance, 18 of September, 2003 m. Nr. IX-1737, last amendment 13 of June 2019 Nr.

XIII-2232.

SE: Lag om försäkringsförmedling (Insurance Distribution Mediation Act) (Chapter 3, section 3,

2018:12192005:405); and Foreign Insurers Business in Sweden Act (Chapter 4, section 1 and 10,

1998:293).

SK: Act 39/2015 on insurance.

(b) Banking and other financial services

With respect to Investment liberalisation – ~~M~~ arket Access, National treatment, and Cross-border

trade in services – Local presence:

In BG: For pursuing the activities of lending with funds which are not raised through taking of

deposits or other repayable funds, acquiring holdings in a credit institution or another financial

institution, financial leasing, guarantee transactions, acquisition of claims on loans and other forms

of financing (factoring, forfeiting, etc.), non-bank financial institutions are subject to registration

regime with the Bulgarian National Bank. The financial institution shall have its main business in

the territory of Bulgaria.

EU/UK/TCA/Annex 19-24/en 139

In BG: Non-EEA banks may pursue banking activity in Bulgaria after obtaining a license from

BNB for taking up and pursuing of business activities in the Republic of Bulgaria through a branch.

In IT: In order to be authorised to operate the securities settlement system or to provide central

securities depository services with an establishment in Italy, a company is required to be

incorporated in Italy (no branches).

In the case of collective investment schemes other than undertakings for collective investment in

transferable securities ("UCITS") harmonised under Union legislation, the trustee or depository is

required to be established in Italy or in another Member State and have a branch in Italy.

Management enterprises of investment funds not harmonised under Union legislation are also

required to be incorporated in Italy (no branches).

Only banks, insurance enterprises, investment firms and enterprises managing UCITS harmonised

under Union legislation having their legal head office in the Union, as well as UCITS incorporated

in Italy, may carry out the activity of pension fund resource management.

In providing the activity of door-to-door selling, intermediaries must utilise authorised financial

salesmen resident within the territory of a Member State.

Representative offices of non-European Union intermediaries cannot carry out activities aimed at

providing investment services, including trading for own account and for the account of customers,

placement and underwriting financial instruments (branch required).

EU/UK/TCA/Annex 19-24/en 140

In PT: Pension fund management may be provided only by specialised companies incorporated in

PT for that purpose and by insurance companies established in PT and authorised to take up life

insurance business, or by entities authorised to provide pension fund management in other Member

States. Direct branching from non-European Union countries is not permitted.

Measures:

BG: Law on Credit Institutions, article 2, paragraph 5, article 3a and article 17

Code of Social Insurance, articles 121, 121b, 121f; and

Currency Law, article 3.

IT: Legislative Decree 58/1998, articles 1, 19, 28, 30-33, 38, 69 and 80;

Joint Regulation of Bank of Italy and Consob 22.2.1998, articles 3 and 41;

Regulation of Bank of Italy 25.1.2005;

Title V, Chapter VII, Section II, Consob Regulation 16190 of 29.10.2007, articles 17-21, 78-81, 91

111; and subject to:

Regulation (EU) No 909/2014 of the European Parliament and of the Council **[1]** .

PT: Decree-Law 12/2006, as amended by Decree-Law 180/2007 Decree-Law 357-A/2007,

Regulation 7/2007-R, as amended by Regulation 2/2008-R, Regulation 19/2008-R, Regulation

8/2009. Article 3 of the legal regime governing the establishment and functioning of pension funds

and their management entities approved by Law 27/2020, of July 23rd.

**1** Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014
on improving securities settlement in the European Union and on central securities
depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU)
No 236/2012 (OJ EU L 257 28.8.2014, p. 1).

EU/UK/TCA/Annex 19-24/en 141

–
With respect to Investment liberalisation Market access, National treatment:

In HU: Branches of non-EEA investment fund management companies may not engage in the

management of European investment funds and may not provide asset management services to

private pension funds.

Measures:

HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises;

and

Act CXX of 2001 on the Capital Market.

With respect to Investment liberalisation – National Treatment and Cross-border trade in services –

Market access:

In BG: А bank shall be managed and represented jointly by at least two persons. The persons who

manage and represent the bank shall be personally present at its management address. Legal persons

may not be elected members of the managing board or the board of directors of a bank.

In SE: A founder of a savings bank shall be a natural person.

Measures:

EU/UK/TCA/Annex 19-24/en 142

BG: Law on Credit Institutions, article 10;

Code Of Social Insurance, article 121e; and

Currency Law, article 3.

SE: Sparbankslagen (Savings Bank Act) (1987:619), Chapter 2, § 1.

With respect to Investment liberalisation – National treatment:

In HU: The board of directors of a credit institution shall have at least two members recognised as

resident according to foreign exchange regulations and having had prior permanent residence in HU

for at least one year.

Measures:

HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises;

and

Act CXX of 2001 on the Capital Market.

With respect to Investment liberalisation – Market access:

In RO: Market operators are legal persons set up as joint stock companies according to the

provisions of the Company law. Alternative trading systems (Multilateral trading facility (MTF)

pursuant to MiFID II Directive) can be managed by a system operator set up under the conditions

described above or by an investment firm authorised by ASF (Autoritatea de Supraveghere

Financiară – Financial Supervisory Authority).

EU/UK/TCA/Annex 19-24/en 143

In SI: A pension scheme may be provided by a mutual pension fund (which is not a legal entity and

is therefore managed by an insurance company, a bank or a pension company), a pension company

or an insurance company. Additionally, a pension scheme can also be offered by pension scheme

providers established in accordance with the regulations applicable in a Member State of the EU.

Measures:

RO: Law no. 126 of 11 June 2018 regarding financial instruments and Regulation no. 1/2017 for the

amendment and supplement of Regulation no. 2/2006 on regulated markets and alternative trading

–
systems, approved by Order of NSC no. 15/2006 - ASF Autoritatea de Supraveghere Financiară –

Financial Supervisory Authority.

SI: Pension and Disability Insurance Act, (Official Gazette no. 102/2015 (as last amended No

28/19).

–
With respect to Cross-border trade in services Local presence:

In HU: Non-EEA companies may provide financial services or engage in activities auxiliary to

financial services solely through a branch in HU.

Measures:

HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises;

and

Act CXX of 2001 on the Capital Market.

EU/UK/TCA/Annex 19-24/en 144

Reservation No. 13 - Health services and social services

Sector – sub-sector: Health services and social services

Industry classification: CPC 931, 933

Type of reservation: Market access

National treatment

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

With respect to Investment liberalisation – Market access:

EU/UK/TCA/Annex 19-24/en 145

In DE: (applies also to the regional level of government): Rescue services and "qualified ambulance

services" are organised and regulated by the Länder. Most Länder delegate competences in the field

of rescue services to municipalities. Municipalities are allowed to give priority to not-for-profit

operators. This applies equally to foreign as well as domestic service suppliers (CPC 931, 933).

Ambulance services are subject to planning, permission and accreditation. Regarding telemedicine,

the number of ICT (information and communications technology) service suppliers may be limited

to guarantee interoperability, compatibility and necessary safety standards. This is applied in a non

discriminatory way.

In HR: Establishment of some privately funded social care facilities may be subject to needs based

limits in particular geographical areas (CPC 9311, 93192, 93193, 933).

In SI: a state monopoly is reserved for the following services: Supply of blood, blood preparations,

removal and preservation of human organs for transplant, socio-medical, hygiene, epidemiological

and health-ecological services, patho-anatomical services, and biomedically-assisted procreation

(CPC 931).

Measures:

DE: Bundesärzteordnung (BÄO; Federal Medical Regulation):

Gesetz über die Ausübung der Zahnheilkunde (ZHG);

Gesetz über den Beruf der Psychotherapeutin und des Psychotherapeuten (PsychThG; Act on the

Provision of Psychotherapy Services);

Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung (Heilpraktikergesetz);

Gesetz über das Studium und den Beruf der Hebammen (HebG);

EU/UK/TCA/Annex 19-24/en 146

Gesetz über den Beruf der Notfallsanitäterin und des Notfallsanitäters (NotSanG);

Gesetz über die Pflegeberufe (PflBG);

Gesetz über die Berufe in der Physiotherapie (MPhG);

Gesetz über den Beruf des Logopäden (LogopG);

Gesetz über den Beruf des Orthoptisten und der Orthoptistin (OrthoptG);

Gesetz über den Beruf der Podologin und des Podologen (PodG);

Gesetz über den Beruf der Diätassistentin und des Diätassistenten (DiätAssG);

Gesetz über den Beruf der Ergotherapeutin und des Ergotherapeuten (ErgThg);

Bundesapothekerordnung (BapO);

Gesetz über den Beruf des pharmazeutisch-technischen Assistenten (PTAG);

Gesetz über technische Assistenten in der Medizin (MTAG);

Gesetz zur wirtschaftlichen Sicherung der Krankenhäuser und zur Regelung der

Krankenhauspflegesätze (Krankenhausfinanzierungsgesetz - KHG);

Gewerbeordnung (German Trade, Commerce and Industry Regulation Act);

Sozialgesetzbuch Fünftes Buch (SGB V; Social Code, Book Five) - Statutory Health Insurance;

Sozialgesetzbuch Sechstes Buch (SGB VI; Social Code, Book Six) - Statutory Pension Insurance;

Sozialgesetzbuch Siebtes Buch (SGB VII; Social Code, Book Seven) - Statutory Accident

Insurance;

Sozialgesetzbuch Neuntes Buch (SGB IX; Social Code, Book Nine) - Rehabilitation and

Participation of Persons with Disabilities;

Sozialgesetzbuch Elftes Buch (SGB XI; Social Code, Book Eleven) - Social Assistance.

Personenbeförderungsgesetz (PBefG; Act on Public Transport).

Regional level:

Gesetz über den Rettungsdienst (Rettungsdienstgesetz - RDG) in Baden-Württemberg;

Bayerisches Rettungsdienstgesetz (BayRDG);

Gesetz über den Rettungsdienst für das Land Berlin (Rettungsdienstgesetz);

Gesetz über den Rettungsdienst im Land Brandenburg (BbgRettG);

Bremisches Hilfeleistungsgesetz (BremHilfeG);

EU/UK/TCA/Annex 19-24/en 147

Hamburgisches Rettungsdienstgesetz (HmbRDG);

Gesetz über den Rettungsdienst für das Land Mecklenburg-Vorpommern (RDGM-V);

Niedersächsisches Rettungsdienstgesetz (NRettDG);

Gesetz über den Rettungsdienst sowie die Notfallrettung und den Krankentransport durch

Unternehmer (RettG NRW);

Landesgesetz über den Rettungsdienst sowie den Notfall- und Krankentransport (RettDG);

Saarländisches Rettungsdienstgesetz (SRettG);

Sächsisches Gesetz über den Brandschutz, Rettungsdienst und Katastrophenschutz (SächsBRKG);

Rettungsdienstgesetz des Landes Sachsen-Anhalt (RettDG LSA);

Schleswig-Holsteinisches Rettungsdienstgesetz (SHRDG);

Thüringer Rettungsdienstgesetz (ThüRettG).

Landespflegegesetze:

Gesetz zur Umsetzung der Pflegeversicherung in Baden-Württemberg (Landespflegegesetz 

LPflG);

Gesetz zur Ausführung der Sozialgesetze (AGSG);

Gesetz zur Planung und Finanzierung von Pflegeeinrichtungen (Landespflegeeinrichtungsgesetz

LPflegEG);

Gesetz über die pflegerische Versorgung im Land Brandenburg (Landespflegegesetz - LPflegeG);

Gesetz zur Ausführung des Pflege-Versicherungsgesetzes im Lande Bremen und zur Änderung des

Bremischen Ausführungsgesetzes zum Bundessozialhilfegesetz (BremAGPflegeVG);

Hamburgisches Landespflegegesetz (HmbLPG);

Hessisches Ausführungsgesetz zum Pflege-Versicherungsgesetz;

Landespflegegesetz (LPflegeG M-V);

Gesetz zur Planung und Förderung von Pflegeeinrichtungen nach dem Elften Buch

Sozialgesetzbuch (Niedersächsisches Pflegegesetz - NPflegeG);

Gesetz zur Weiterentwicklung des Landespflegerechts und Sicherung einer unterstützenden

Infrastruktur für ältere Menschen, pflegebedürftige Menschen und deren Angehörige (Alten- und

–
Pflegegesetz Nordrhein-Westfalen APG NRW);

EU/UK/TCA/Annex 19-24/en 148

Landesgesetz zur Sicherstellung und Weiterentwicklung der pflegerischen Angebotsstruktur

(LPflegeASG) (Rheinland-Pfalz);

Gesetz Nr. 1694 zur Planung und Förderung von Angeboten für hilfe-, betreuungs- oder

pflegebedürftige Menschen im Saarland (Saarländisches Pflegegesetz);

Sächsisches Pflegegesetz (SächsPflegeG);

Schleswig-Holstein: Ausführungsgesetz zum Pflege-Versicherungsgesetz (Landespflegegesetz 

LPflegeG);

Thüringer Gesetz zur Ausführung des Pflege-Versicherungsgesetzes (ThürAGPflegeVG).

Landeskrankenhausgesetz Baden-Württemberg;

Bayerisches Krankenhausgesetz (BayKrG);

Berliner Gesetz zur Neuregelung des Krankenhausrechts;

Krankenhausentwicklungsgesetz Brandenburg (BbgKHEG);

Bremisches Krankenhausgesetz (BrmKrHG);

Hamburgisches Krankenhausgesetz (HmbKHG);

Hessisches Krankenhausgesetz 2011 (HKHG 2011);

Krankenhausgesetz für das Land Mecklenburg-Vorpommern (LKHG M-V);

Niedersächsisches Krankenhausgesetz (NKHG);

Krankenhausgestaltungsgesetz des Landes Nordrhein-Westfalen (KHGG NRW);

Landeskrankenhausgesetz Rheinland-Pfalz (LKG Rh-Pf);

Saarländisches Krankenhausgesetz (SKHG);

Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz - SächsKHG);

Krankenhausgesetz Sachsen-Anhalt (KHG LSA);

Gesetz zur Ausführung des Krankenhausfinanzierungsgesetzes (AG-KHG) in Schleswig-Holstein;

Thüringisches Krankenhausgesetz (Thür KHG).

HR: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12).

EU/UK/TCA/Annex 19-24/en 149

SI: Law of Health Services, Official Gazette of the RS, No. 23/2005, Articles 1, 3 and 62-64;

Infertility Treatment and Procedures of the Biomedically-Assisted Procreation Act, Official Gazette

of the RS, No. 70/00, Articles 15 and 16; and Supply of Blood Act (ZPKrv-1), Official Gazette of

RS, no. 104/06, Articles 5 and 8.

–
With respect to Investment liberalisation Market access, National treatment:

In FR: For hospital and ambulance services, residential health facilities (other than hospital

services) and social services, an authorisation is necessary in order to exercise management

functions. The authorisation process takes into account the availability of local managers.

Companies can take any legal forms, except those reserved to liberal professions.

Measures:

FR: Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, Loi n°2011

940 du 10 août 2011 modifiant certaines dipositions de la loi n°2009-879 dite HPST, Loi n°47-1775

portant statut de la coopération; and Code de la santé publique.

EU/UK/TCA/Annex 19-24/en 150

Reservation No. 14 - Tourism and travel related services

Sector – sub-sector: Tourism and travel related services - hotels, restaurants and catering;

travel agencies and tour operators services (including tour managers);

tourist guides services

Industry classification: CPC 641, 642, 643, 7471, 7472

Type of reservation: Market access

National treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 151

In BG: Incorporation (no branches) is required. Tour operation or travel agency services may be

provided by a person established in the EEA if, upon establishment in the territory of Bulgaria, the

said person presents a copy of a document certifying the right thereof to practice that activity and a

certificate or another document issued by a credit institution or an insurer containing data of the

existence of insurance covering the liability of the said person for damage which may ensue as a

result of a culpable non-fulfilment of professional duties. The number of foreign managers may not

exceed the number of managers who are Bulgarian nationals, in cases where the public (state or

municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent. EEA nationality

requirement for tourist guides (CPC 641, 642, 643, 7471, 7472).

Measures:

BG: Law for Tourism, Articles 61, 113 and 146.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment, Local presence:

In CY: A licence to establish and operate a tourism and travel company or agency, as well as the

renewal of an operating licence of an existing company or agency, shall be granted only to

European Union natural or legal persons. No non-resident company except those established in

another Member State, can provide in the Republic of Cyprus, on an organised or permanent basis,

the activities referred to under Article 3 of the abovementioned Law, unless represented by a

resident company. The provision of tourist guide services and travel agencies and tour operators

services requires nationality of a Member State (CPC 7471, 7472).

EU/UK/TCA/Annex 19-24/en 152

Measures:

CY: The Tourism and Travel Offices and Tourist Guides Law 1995 (Law 41(I)/1995) as amended).

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment and Cross-border trade in services – Market access, National treatment, Most-favoured

nation treatment:

In EL: Third-country nationals have to obtain a diploma from the Tourist Guide Schools of the

Greek Ministry of Tourism, in order to be entitled to the right of practicing the profession. By

exception, the right of practicing the profession can be temporarily (up to one year) accorded to

third-country nationals under certain explicitly defined conditions, by way of derogation of the

above mentioned provisions, in the event of the confirmed absence of a tourist guide for a specific

language.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment,:

In ES (for ES applies also to the regional level of government): Nationality of a Member State is

required for the provision of tourist guide services (CPC 7472).

In HR: EEA or Swiss nationality is required for hospitality and catering services in households and

rural homesteads (CPC 641, 642, 643, 7471, 7472).

EU/UK/TCA/Annex 19-24/en 153

Measures:

EL: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B),

Article 50 of the law 4403/2016, Article 47 of the law 4582/2018 (Gov. Gazette 208/A).

ES: Andalucía: Decreto 8/2015, de 20 de enero, Regulador de guías de turismo de Andalucía;

Aragón: Decreto 21/2015, de 24 de febrero, Reglamento de Guías de turismo de Aragón;

Cantabria: Decreto 51/2001, de 24 de julio, Article 4, por el que se modifica el Decreto 32/1997, de

25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades turísticoinformativas

privadas;

Castilla y León: Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto 101/1995, de

25 de mayo, por el que se regula la profesión de guía de turismo de la Comunidad Autónoma de

Castilla y León;

Castilla la Mancha: Decreto 86/2006, de 17 de julio, de Ordenación de las Profesiones Turísticas;

Cataluña: Decreto Legislativo 3/2010, de 5 de octubre, para la adecuación de normas con rango de

ley a la Directiva 2006/123/CE, del Parlamento y del Consejo, de 12 de diciembre de 2006, relativa

a los servicios en el mercado interior, Article 88;

Comunidad de Madrid: Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el que se

modifica el Decreto 47/1996, de 28 de marzo;

Comunidad Valenciana: Decreto 90/2010, de 21 de mayo, del Consell, por el que se modifica el

reglamento regulador de la profesión de guía de turismo en el ámbito territorial de la Comunitat

Valenciana, aprobado por el Decreto 62/1996, de 25 de marzo, del Consell;

Extremadura: Decreto 37/2015, de 17 de marzo;

Galicia: Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes, guias

de turismo y turismo activo;

EU/UK/TCA/Annex 19-24/en 154

Illes Balears: Decreto 136/2000, de 22 de septiembre, por el cual se modifica el Decreto 112/1996,

de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares;

Islas Canarias: Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la

profesión de guía de turismo en la Comunidad Autónoma de Canarias, Article 5;

La Rioja: Decreto 14/2001, de 4 de marzo, Reglamento de desarrollo de la Ley de Turismo de La

Rioja;

Navarra: Decreto Foral 288/2004, de 23 de agosto. Reglamento para actividad de empresas de

turismo activo y cultural de Navarra.

Principado de Asturias: Decreto 59/2007, de 24 de mayo, por el que se aprueba el Reglamento

regulador de la profesión de Guía de Turismo en el Principado de Asturias; and

Región de Murcia: Decreto n.º 37/2011, de 8 de abril, por el que se modifican diversos decretos en

materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región

de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican

diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del

Consejo de 12 de diciembre de 2006, relativa a los servicios en el mercado interior.

HR: Hospitality and Catering Industry Act (OG 85/15, 121/16, 99/18, 25/19, 98/19, 32/20 and

42/20); and Act on Provision of Tourism Services (OG No. 130/17, 25/19, 98/19 and 42/20).

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 155

In HU: The supply of travel agent and tour operator services, and tourist guide services on a cross

border basis is subject to a licence issued by the Hungarian Trade Licensing Office. Licences are

reserved to EEA nationals and legal persons having their seats in the EEA (CPC 7471, 7472).

In IT (applies also to the regional level of government): tourist guides from non-European Union

countries need to obtain a specific licence from the region in order to act as a professional tourist

guide. Tourist guides from Member States can work freely without the requirement for such a

licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge

(CPC 7472).

Measures:

HU: Act CLXIV of 2005 on Trade, Government Decree No. 213/1996 (XII.23.) on Travel

Organisation and Agency Activities.

IT: Law 135/2001 Articles 7.5 and 6; and Law 40/2007 (DL 7/2007).

EU/UK/TCA/Annex 19-24/en 156

Reservation No. 15 - Recreational, cultural and sporting services

Sector – sub-sector: Recreational services; other sporting services

Industry classification: CPC 962, part of 96419

Type of reservation: Market access

National treatment

Senior management and boards of directors

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

Description:

Other sporting services (CPC 96419)

–
With respect to Investment liberalisation National treatment, Senior management and boards of

directors and Cross-border trade in services –National treatment:

EU/UK/TCA/Annex 19-24/en 157

In AT (applies to the regional level of government): The operation of ski schools and mountain

guide services is governed by the laws of the Bundesländer. The provision of these services may

require nationality of a Member State of the EEA. Enterprises may be required to appoint a

managing director who is a national of a Member State of the EEA.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National treatment:

In CY: Nationality requirement for the establishment of a dance school and nationality requirement

for physical instructors.

Measures:

AT: Kärntner Schischulgesetz, LGBL. Nr. 53/97;

Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98;

NÖ- Sportgesetz, LGBL. Nr. 5710;

OÖ- Sportgesetz, LGBl. Nr. 93/1997;

Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89;

Salzburger Bergführergesetz, LGBL. Nr. 76/81;

Steiermärkisches Schischulgesetz, LGBL. Nr.58/97;

Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76;

Tiroler Schischulgesetz. LGBL. Nr. 15/95;

Tiroler Bergsportführergesetz, LGBL. Nr. 7/98;

Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 §4 (2)a;

Vorarlberger Bergführergesetz, LGBL. Nr. 54/02; and

Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02.

CY: Law 65(I)/1997 as amended; and

Law 17(I) /1995 as amended.

EU/UK/TCA/Annex 19-24/en 158

Reservation No. 16 - Transport services and services auxiliary to transport services

Sector – sub-sector: Transport services - fishing and water transportation – any other

commercial activity undertaken from a ship; water transportation and

auxiliary services for water transport; rail transport and auxiliary

services to rail transport; road transport and services auxiliary to road

transport; services auxiliary to air transport services

Industry classification: ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 711, 712, 721, 741, 742,

743, 744, 745, 748, 749, 7461, 7469, 83103, 86751, 86754, 8730, 882

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

EU/UK/TCA/Annex 19-24/en 159

Description:

(a) Maritime transport and auxiliary services for maritime transport. Any commercial activity

undertaken from a ship (ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 721, Part of 742, 745,

74540, 74520, 74590, 882)

– –
With respect to Investment liberalisation Market access, and Cross-border trade in services

Market access:

In EU: For port services, the managing body of a port, or the competent authority, may limit the

number of providers of port services for a given port service.

Measures:

EU: Article 6 of Regulation (EU) 2017/352 of the European Parliament and of the Council **[1]** .

–
With respect to Investment liberalisation Market access, National treatment, Senior management

–
and boards of directors; Cross-border trade in services Market access, National treatment:

**1** Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February
2017 establishing a framework for the provision of port services and common rules on the
financial transparency of ports (OJ EU L 57 3.3.2017, p. 1).

EU/UK/TCA/Annex 19-24/en 160

In BG: The carriage and any activities related to hydraulic-engineering and underwater technical

works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering,

receipt of waste, water-and-oil mixtures and other such, performed by vessels in the internal waters,

and the territorial sea of Bulgaria, may only be performed by vessels flying the Bulgarian flag or

vessels flying the flag of another Member State.

The number of the service suppliers at the ports may be limited depending on the objective capacity

of the port, which is decided by an expert commission, set up by the Minister of Transport,

Information Technology and Communications.

Nationality requirement for supporting services. The master and the chief engineer of the vessel

shall mandatorily be nationals of a Member State of the EEA, or of the Swiss Confederation. (ISIC

Rev. 3.1 0501, 0502, CPC 5133, 5223, 721, 74520, 74540, 74590, 882).

Measures:

BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the Republic

of Bulgaria; Ordinance for the condition and order for selection of Bulgarian carriers for carriage of

passengers and cargoes under international treaties; and Ordinance 3 for servicing of unmanned

vessels.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

EU/UK/TCA/Annex 19-24/en 161

In BG: Regarding supporting services for public transport carried out in Bulgarian ports, in ports

having national significance, the right to perform supporting activities is granted through a

concession contract. In ports having regional significance, this right is granted by a contract with

the owner of the port (CPC 74520, 74540, 74590).

Measures:

BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the Republic

of Bulgaria.

–
With respect to Cross-border trade in services Local presence:

In DK: Pilotage-providers may only conduct pilotage service in Denmark, if they are domiciled in

the EEA and registered and approved by the Danish Authorities in accordance with the Danish Act

on Pilotage (CPC 74520).

Measures:

DK: Danish Pilotage Act, §18.

With respect to Investment liberalisation - Market access, National treatment, Most-favoured nation

treatment and Cross-border trade in services - Market access, National treatment, Most-favoured

nation treatment:

EU/UK/TCA/Annex 19-24/en 162

In DE (applies also to the regional level of government): A vessel that does not belong to a national

of a Member State may only be used for activities other than transport and auxiliary services in the

German federal waterways after specific authorisation. Waivers for non- European Union vessels

may only be granted if no European Union vessels are available or if they are available under very

unfavourable conditions, or on the basis of reciprocity. Waivers for vessels flying under the United

Kingdom flag may be granted on the basis of reciprocity (§ 2 paragraph 3 KüSchVO). All activities

falling within the scope of the pilot law are regulated and accreditation is restricted to nationals of

the EEA or the Swiss Confederation. Provision and Operation of facilities for pilotage is restricted

to public authorities or companies, which are designated by them.

For rental or leasing of seagoing vessels with or without operators, and for rental or leasing without

operator of non-seagoing vessels, the conclusion of contracts for freight transport by ships flying a

foreign flag or the chartering of such vessels may be restricted, depending on the availability of

ships flying under the German flag or the flag of another Member State.

Transactions between residents and non-residents concerning:

(i) rental of inland waterway transport vessels, which are not registered in the economic

area;

(ii) transport of freight with such inland waterway transport vessels; or

(iii) towing services by such inland waterway transport vessels,

EU/UK/TCA/Annex 19-24/en 163

within the economic area may be restricted (Water transport, Supporting services for water

transport, Rental of ships, Leasing services of ships without operators (CPC 721, 745, 83103,

86751, 86754, 8730)).

Measures:

DE: Gesetz über das Flaggenrecht der Seeschiffe und die Flaggenführung der Binnenschiffe

(Flaggenrechtsgesetz; Flag Protection Act);

Verordnung über die Küstenschifffahrt (KüSchV);

Gesetz über die Aufgaben des Bundes auf dem Gebiet der Binnenschiffahrt

(Binnenschiffahrtsaufgabengesetz - BinSchAufgG);

Verordnung über Befähigungszeugnisse in der Binnenschiffahrt (Binnenschifferpatentverordnung 

BinSchPatentV);

Gesetz über das Seelotswesen (Seelotsgesetz - SeeLG);

Gesetz über die Aufgaben des Bundes auf dem Gebiet der Seeschiffahrt (Seeaufgabengesetz 

SeeAufgG); and

Verordnung zur Eigensicherung von Seeschiffen zur Abwehr äußerer Gefahren (See

Eigensicherungsverordnung - SeeEigensichV).

With respect to Investment liberalisation - Market access, National treatment and Cross-border

trade in services - Market access, National treatment:

In FI: supporting services for maritime transport when provided in Finnish maritime waters are

reserved to fleets operating under the national, Union or Norwegian flag (CPC 745).

EU/UK/TCA/Annex 19-24/en 164

Measures:

FI: Merilaki (Maritime Act) (674/1994); and

Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), s. 4.

With respect to Investment liberalisation - Market access:

In EL: Public monopoly imposed in port areas for cargo handling services (CPC 741).

In IT: An economic needs test is applied for maritime cargo-handling services. Main criteria:

number of and impact on existing establishments, population density, geographic spread and

creation of new employment (CPC 741).

Measures:

EL: Code of Public Maritime Law (Legislative Decree 187/1973).

IT: Shipping Code;

Law 84/1994; and

Ministerial decree 585/1995.

(b) Rail transport and auxiliary services to rail transport (CPC 711, 743)

With respect to Investment liberalisation - Market access, National treatment, and Cross-border

trade in services - Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 165

In BG: Only nationals of a Member State may provide rail transport or supporting services for rail

transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is issued by

the Minister of Transport to railway operators registered as traders (CPC 711, 743).

Measures:

BG: Law for Railway Transport, Articles 37 and 48.

With respect to Investment liberalisation - Market access:

In LT: The exclusive rights for the provision of transit services are granted to railway undertakings

which are owned, or whose stock is 100 per cent owned, by the state (CPC 711).

Measures:

LT: Railway transport Code of the Republic of Lithuania of 22 April 2004 No. IX-2152 as amended

by 8 June 2006 No. X-653.

(c) Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123)

For road transport services not covered by Heading Three of Part Two of this Agreement and

Annex 31 to this Agreement

EU/UK/TCA/Annex 19-24/en 166

With respect to Investment liberalisation - Market access, National treatment, and Cross-border

trade in services - Market access, National treatment:

In AT (with respect also to Most-favoured-nation treatment): For passenger and freight

transportation, exclusive rights or authorisations may only be granted to nationals of the Contracting

Parties of the EEA and to legal persons of the Union having their headquarters in Austria. Licences

–
are granted on non discriminatory terms, under condition of reciprocity (CPC 712).

Measures:

AT: Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5;

Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6; and

Kraftfahrliniengesetz (Law on Scheduled Transport), BGBl. I Nr. 203/1999 as amended, §§ 7 and 8.

With respect to Investment liberalisation - National treatment, Most-favoured-nation treatment:

In EL: For operators of road freight transport services. In order to engage in the occupation of road

–
freight transport operator a Hellenic licence is needed. Licences are granted on non discriminatory

terms, under condition of reciprocity (CPC 7123).

Measures:

EL: Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette A'

174), as amended by Article 5 of law 4038/2012 (Government Gazette A' 14).

With respect to Investment liberalisation - Market access:

EU/UK/TCA/Annex 19-24/en 167

In IE: Economic needs test for intercity bussing services. Main criteria: number of and impact on

existing establishments, population density, geographical spread, impact on traffic conditions and

creation of new employment (CPC 7121, CPC 7122).

In MT: Taxis - numerical restrictions on the number of licences apply.

Karozzini (horse drawn carriages): Numerical Restrictions on the number of licences apply

(CPC 712).

In PT: Economic needs test for limousine services. Main criteria: number of and impact on existing

establishments, population density, geographic spread, impact on traffic conditions and creation of

new employment (CPC 71222).

Measures:

IE: Public Transport Regulation Act 2009.

MT: Taxi Services Regulations (SL499.59).

PT: Decree-Law 41/80, August 21.

With respect to Investment liberalisation – Market access and Cross-border trade in services - Local

presence:

In CZ: Incorporation in the Czech Republic is required (no branches).

EU/UK/TCA/Annex 19-24/en 168

Measures:

CZ: Act no. 111/1994. Coll. on Road Transport.

With respect to Investment liberalisation - Market access, National treatment and Cross-border

trade in services - Market access, National treatment, Most-favoured-nation treatment:

In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed.

Criteria for receiving a taxi licence include that the company has appointed a natural person to act

–
as the transport manager (a _de facto_ residency requirement see the Swedish reservation on types

of establishment).

Measures:

SE: Yrkestrafiklag (2012:210) (Act on professional traffic);

Yrkestrafikförordning (2012:237) (Government regulation on professional traffic);

Taxitrafiklag (2012:211) (Act on Taxis); and

Taxitrafikförordning (2012:238) (Government regulation on taxis).

–
With respect to Cross-border trade in services Local presence:

In SK: A taxi service concession and a permit for the operation of taxi dispatching can be granted to

a person who has a residence or place of establishment in the territory of the Slovak Republic or in

another EEA Member State.

EU/UK/TCA/Annex 19-24/en 169

Measures:

Act 56/2012 Coll. on Road Transport

(d) Services auxiliary to air transport services

With respect to Investment liberalisation - Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In EU: For groundhandling services, establishment within the Union territory may be required. The

level of openness of groundhandling services depends on the size of airport. The number of

suppliers in each airport may be limited. For "big airports", this limit may not be less than two

suppliers.

Measures:

EU: Council Directive 96/67/EC of 15 October 1996 **[1]** .

In BE (applies also to the regional level of government): For groundhandling services, reciprocity is

required.

Measures:

**1** Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at
Community airports (OJ EU L 272, 25.10.1996, p. 36).

EU/UK/TCA/Annex 19-24/en 170

BE: Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à

l'aéroport de Bruxelles-National (Article 18);

Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de

Vlaamse regionale luchthavens (Article 14); and

Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux

aéroports relevant de la Région wallonne (Article14).

(e) Supporting services for all modes of transport (part of CPC 748)

–
With respect to Cross-border trade in services Local presence:

The EU (applies also to the regional level of government): Customs clearance services may only be

provided by Union residents or legal persons established in the Union.

Measures:

EU: Regulation (EU) No 952/2013 of the European Parliament and of the Council **[1]**

**1** Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October
2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).

EU/UK/TCA/Annex 19-24/en 171

Reservation No. 17 - Energy related activities

Sector – sub-sector: Energy related activities - mining and quarrying; production,

transmission and distribution on own account of electricity, gas, steam

and hot water; pipeline transportation of fuels; storage and warehouse

of fuels transported through pipelines; and services incidental to

energy distribution

Industry classification: ISIC Rev. 3.1 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part of

742, 8675, 883, 887

Type of reservation: Market access

National treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

EU/UK/TCA/Annex 19-24/en 172

Description:

(a) Mining and quarrying (ISIC Rev. 3.1 10, 11, 12, 13, 14, CPC 5115, 7131, 8675, 883)

With respect to Investment liberalisation – Market access:

In NL: The exploration for and exploitation of hydrocarbons in the Netherlands is always performed

jointly by a private company and the public (limited) company designated by the Minister of

Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in this designated

company must be directly or indirectly held by the Dutch State (ISIC Rev. 3.1 10, 3.1 11, 3.1 12,

3.1 13, 3.1 14).

In BE: The exploration for and exploitation of mineral resources and other non-living resources in

territorial waters and the continental shelf are subject to concession. The concessionaire must have

an address for service in Belgium (ISIC Rev. 3.1:14).

In IT (applies also to the regional level of government for exploration): Mines belonging to the

State have specific exploration and mining rules. Prior to any exploitation activity, a permit for

exploration is needed ("permesso di ricerca", Article 4 Royal Decree 1447/1927). This permit has a

duration, defines exactly the borders of the ground under exploration and more than one exploration

permit may be granted for the same area to different persons or companies (this type of licence is

not necessarily exclusive). In order to cultivate and exploit minerals, an authorisation

("concessione", Article 14) from the regional authority is required (ISIC Rev. 3.1 10, 3.1 11, 3.1 12,

3.1 13, 3.1 14, CPC 8675, 883).

EU/UK/TCA/Annex 19-24/en 173

Measures

BE: Arrêté Royal du 1er septembre 2004 relatif aux conditions, à la délimitation géographique et à

la procédure d'octroi des concessions d'exploration et d'exploitation des ressources minérales et

autres ressources non vivantes de la mer territoriale et du plateau continental.

IT: Exploration services: Royal Decree 1447/1927; and Legislative Decree 112/1998, Article 34.

NL: Mijnbouwwet (Mining Act).

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment:

In BG: The activities of prospecting or exploration of underground natural resources on the territory

of the Republic of Bulgaria, in the continental shelf and in the exclusive economic zone in the Black

Sea are subject to permission, while the activities of extraction and exploitation are subject to

concession granted under the Underground Natural Resources Act.

It is forbidden for companies registered in preferential tax treatment jurisdictions (that is, offshore

zones) or related, directly or indirectly, to such companies to participate in open procedures for

granting permits or concessions for prospecting, exploration or extraction of natural resources,

including uranium and thorium ores, as well as to operate an existing permit or concession which

has been granted, as such operations are precluded, including the possibility to register the

geological or commercial discovery of a deposit as a result of exploration.

EU/UK/TCA/Annex 19-24/en 174

The mining of uranium ore is closed by Decree of the Council of Ministers No. 163 of 20.08.1992.

With regard to exploration and mining of thorium ore, the general regime of permits and

concessions applies. Decisions to allow the exploration or mining of thorium ore are taken on a

non-discriminatory individual case-by-case basis.

According to Decision of the National Assembly of the Republic of Bulgaria of 18 Jan 2012 (ch. 14

June 2012) any usage of hydraulic fracturing technology that is, fracking, for activities of

prospecting, exploration or extraction of oil and gas is forbidden.

Exploration and extraction of shale gas is forbidden (ISIC Rev. 3.1 10, 3.1 11, 3.112, 3.1 13,3.1 14).

Measures:

BG: Underground Natural Resources Act;

Concessions Act;

Law on Privatisation and Post-Privatisation Control;

Safe Use of Nuclear Energy Act; Decision of the National Assembly of the Republic of Bulgaria of

18 Jan 2012; Economic and Financial Relations with Companies Registered in Preferential Tax

Treatment Jurisdictions, the Persons Controlled Thereby and Their Beneficial Owners Act; and

Subsurface Resources Act.

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment:

EU/UK/TCA/Annex 19-24/en 175

In CY: The Council of Ministers may refuse to allow the activities of prospecting, exploration and

exploitation of hydrocarbons to be carried out by any entity which is effectively controlled by the

United Kingdom or by nationals of the United Kingdom. After the granting of an authorisation, no

entity may come under the direct or indirect control of the United Kingdom or a national of the

United Kingdom without the prior approval of the Council of Ministers. The Council of Ministers

may refuse to grant an authorisation to an entity which is effectively controlled by the United

Kingdom or by a national of the United Kingdom, if the United Kingdom does not grant entities of

the Republic or entities of Member States as regards access to and exercise of the activities of

prospecting, exploring for and exploiting hydrocarbons, treatment comparable to that which the

Republic or Member State grants entities from the United Kingdom (ISIC Rev 3.1 1110).

Measures:

CY: The Hydrocarbons (Prospecting, Exploration and Exploitation Law) of 2007, (Law 4(I)/2007)

as amended.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

services – Local presence:

EU/UK/TCA/Annex 19-24/en 176

In SK: For mining, activities related to mining and geological activity, incorporation in the EEA is

required (no branching). Mining and prospecting activities covered by Act of the Slovak Republic

44/1988 on protection and exploitation of natural resources are regulated on a non-discriminatory

basis, including through public policy measures seeking to ensure the conservation and protection

of natural resources and the environment such as the authorisation or prohibition of certain mining

technologies. For greater certainty, such measures include the prohibition of the use of cyanide

leaching in the treatment or refining of minerals, the requirement of a specific authorisation in the

case of fracking for activities of prospecting, exploration or extraction of oil and gas, as well as

prior approval by local referendum in the case of nuclear/radioactive mineral resources. This does

not increase the non-conforming aspects of the existing measure for which the reservation is taken.

(ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14, CPC 5115, 7131, 8675 and 883).

Measures

SK: Act 51/1988 on Mining, Explosives and State Mining Administration; and Act 569/2007 on

Geological Activity, Act 44/1988 on protection and exploitation of natural resources.

With respect to Investment liberalisation – Market access and Cross-border trade in services – Local

presence:

In FI: The exploration for and exploitation of mineral resources are subject to a licensing

requirement, which is granted by the Government in relation to the mining of nuclear material. A

permit of redemption for a mining area is required from the Government. Permission may be

granted to a natural person resident in the EEA or a legal person established in the EEA. An

economic needs test may apply (ISIC Rev. 3.1 120, CPC 5115, 883, 8675).

EU/UK/TCA/Annex 19-24/en 177

In IE: Exploration and mining companies operating in Ireland are required to have a presence there.

In the case of minerals exploration, there is a requirement that companies (Irish and foreign) employ

either the services of an agent or a resident exploration manager in Ireland while work is being

undertaken. In the case of mining, it is a requirement that a State Mining Lease or License be held

by a company incorporated in Ireland. There are no restrictions as to ownership of such a company

(ISIC Rev. 3.1 10, 3.1 13, 3.1 14, CPC 883).

Measures

FI: Kaivoslaki (Mining Act) (621/2011); and

Ydinenergialaki (Nuclear Energy Act) (990/1987).

–
IE: Minerals Development Acts 1940 2017; and Planning Acts and Environmental Regulations.

–
With respect only to Investment Market access, National treatment and Cross-border trade in

services – Local presence:

In SI: The exploration for and exploitation of mineral resources, including regulated mining

services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or an

OECD Member(ISIC Rev. 3.1 10, ISIC Rev. 3.1 11, ISIC Rev. 3.1 12, ISIC Rev. 3.1 13, ISIC Rev.

3.1 14, CPC 883, CPC 8675).

Measures

EU/UK/TCA/Annex 19-24/en 178

SI: Mining Act 2014.

(b) Production, transmission and distribution on own account of electricity, gas, steam and hot

water; pipeline transportation of fuels; storage and warehouse of fuels transported through

pipelines; services incidental to energy distribution (ISIC Rev. 3.1 40, 3.1 401, CPC 63297,

713, part of 742, 74220, 887)

With respect to Investment liberalisation – Market access:

In DK: The owner or user intending to establish gas infrastructure or a pipeline for the transport of

crude or refined petroleum and petroleum products and of natural gas must obtain a permit from the

local authority before commencing work. The number of such permits which are issued may be

limited (CPC 7131).

In MT: EneMalta plc has a monopoly for the provision of electricity (ISIC Rev. 3.1 401; CPC 887).

In NL: the ownership of the electricity network and the gas pipeline network are exclusively

granted to the Dutch government (transmission systems) and other public authorities (distribution

systems) (ISIC Rev. 3.1 040, CPC 71310).

Measures:

EU/UK/TCA/Annex 19-24/en 179

DK: Lov om naturgasforsyning, LBK 1127 05/09/2018, lov om varmeforsyning, LBK 64

21/01/2019, lov om Energinet, LBK 997 27/06/2018. Bekendtgørelse nr. 1257 af 27. november

2019 om indretning, etablering og drift af olietanke, rørsystemer og pipelines (Order no. 1257 of

November 27th, 2019, on the arrangement, establishment and operation of oil tanks, piping systems

and pipelines).

MT: EneMalta Act Cap. 272 and EneMalta (Transfer of Assets, Rights, Liabilities & Obligations)

Act Cap. 536.

NL: Elektriciteitswet 1998; Gaswet.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – National treatment, Local presence:

In AT: With regard to the transportation of gas authorisation is only granted to nationals of a

Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their seat

in the EEA. The operator of the network must appoint a Managing Director and a Technical

Director who is responsible for the technical control of the operation of the network, both of whom

must be nationals of a member state of the EEA.

The competent authority may waive the nationality and domiciliation requirements where the

operation of the network is considered to be in the public interest.

For the transportation of goods other than gas and water, the following applies:

EU/UK/TCA/Annex 19-24/en 180

(i) with regard to natural persons, authorisation is only granted to EEA-nationals who must

have a seat in Austria; and

(ii) enterprises and partnerships must have their seat in Austria. An Economic Needs Test

or interest test is applied. Cross border pipelines must not jeopardise Austria's security

interests and its status as a neutral country. Enterprises and partnerships have to appoint

a managing director who must be a national of a member state of the EEA. The

competent authority may waive the nationality and seat requirements if the operation of

the pipeline is considered to be in the national economic interest (CPC 713).

Measures:

AT: Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§ 5 (1)

and (3), 15, 16; and

Gaswirtschaftsgesetz 2011(Gas Act), BGBl. I Nr. 107/2011, Articles 43 and 44, Articles 90 and 93.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of director and Cross-border trade in services – (applies only to the regional level of

government) National treatment, Local presence:

In AT: With regard to transmission and distribution of electricity, authorisation is only granted to

nationals of a Member State of the EEA domiciled in the EEA. If the operator appoints a managing

director or a leaseholder, the domicile requirement is waived.

EU/UK/TCA/Annex 19-24/en 181

Legal persons (enterprises) and partnerships must have their seat in the EEA. They must appoint a

managing director or a leaseholder, both of whom must be nationals of a Member State of the EEA

domiciled in the EEA.

The competent authority may waive the domicile and nationality requirements where the operation

of the network is considered to be in the public interest (ISIC Rev. 3.1 40, CPC 887).

Measures:

AT: Burgenländisches Elektrizitätswesengesetz 2006, LGBl. Nr. 59/2006 as amended;

Niederösterreichisches Elektrizitätswesengesetz, LGBl. Nr. 7800/2005 as amended; Landesgesetz,

mit dem das Oberösterreichische Elektrizitätswirtschafts- und 

organisationsgesetz 2006 erlassen wird (Oö. ElWOG 2006), LGBl. Nr. 1/2006 as amended;

Salzburger Landeselektrizitätsgesetz 1999 (LEG), LGBl. Nr. 75/1999 as amended;

Gesetz vom 16. November 2011 über die Regelung des Elektrizitätswesens in Tirol (Tiroler

–
Elektrizitätsgesetz 2012 TEG 2012), LGBl. Nr. 134/2011;

Gesetz über die Erzeugung, Übertragung und Verteilung von elektrischer Energie

(Vorarlberger Elektrizitätswirtschaftsgesetz), LGBl. Nr. 59/2003 as amended;

Gesetz über die Neuregelung der Elektrizitätswirtschaft (Wiener Elektrizitätswirtschaftsgesetz

2005 – WElWG 2005), LGBl. Nr. 46/2005;

Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz(ELWOG), LGBl. Nr.

70/2005; and

Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Local presence:

EU/UK/TCA/Annex 19-24/en 182

In CZ: For electricity generation, transmission, distribution, trading, and other electricity market

operator activities, as well as gas generation, transmission, distribution, storage and trading, as well

as heat generation and distribution, authorisation is required. Such authorisation may only be

granted to a natural person with a residence permit or a legal person established in the Union.

Exclusive rights exist with regard to electricity and gas transmission and market operator licences

(ISIC Rev. 3.1 40, CPC 7131, 63297, 742, 887).

In LT: The licences for transmission, distribution, public supply and organizing of trade of

electricity may only be issued to legal persons established in the Republic of Lithuania or branches

of foreign legal persons or other organisations of another Member State established in the Republic

Lithuania. The permits to generate electricity, develop electricity generation capacities and build a

direct line may be issued to individuals with residency in the Republic of Lithuania or to legal

persons established in the Republic of Lithuania, or to branches of legal persons or other

organizations of another Member States established in the Republic of Lithuania. This reservation

does not apply to consultancy services related to the transmission and distribution on a fee or

contract basis of electricity (ISIC Rev. 3.1 401, CPC 887).

In the case of fuels, establishment is required. Licences for transmission and distribution, storage of

fuels and liquefaction of natural gas may only be issued to legal persons established in the Republic

of Lithuania or branches of legal persons or other organisations (subsidiaries) of another Member

State established in the Republic Lithuania.

This reservation does not apply to consultancy services related to the transmission and distribution

on a fee or contract basis of fuels (CPC 713, CPC 887).

EU/UK/TCA/Annex 19-24/en 183

In PL: the following activities are subject to licensing under the Energy Law Act:

(i) generation of fuels or energy, except for: generation of solid or gaseous fuels;

generation of electricity using electricity sources of the total capacity of not more than

50 MW other than renewable energy sources; cogeneration of electricity and heat using

sources of the total capacity of not more than 5 MW other than renewable energy

sources; generation of heat using the sources of the total capacity of not more

than 5 MW;

(ii) storage of gaseous fuels in storage installations, liquefaction of natural gas and

regasification of liquefied natural gas at LNG installations, as well as the storage of

liquid fuels, except for: the local storage of liquid gas at installations of the capacity of

less than 1 MJ/s capacity and the storage of liquid fuels in retail trade;

(iii) transmission or distribution of fuels or energy, except for: the distribution of gaseous

fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of heat if

the total capacity ordered by customers does not exceed 5 MW;

EU/UK/TCA/Annex 19-24/en 184

(iv) trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity using

installations of voltage lower than 1 kV owned by the customer; the trade in gaseous

fuels if their annual turnover value does not exceed the equivalent of EUR 100 000; the

trade in liquid gas, if the annual turnover value does not exceed EUR 10 000; and the

trade in gaseous fuels and electricity performed on commodity exchanges by brokerage

houses which conduct the brokerage activity on the exchange commodities on the basis

of the Act of 26 October 2000 on commodity exchanges, as well as the trade in heat if

the capacity ordered by the customers does not exceed 5 MW. The limits on turnover do

not apply to wholesale trade services in gaseous fuels or liquid gas or to retail services

of bottled gas.

A licence may only be granted by the competent authority to an applicant that has registered their

principal place of business or residence in the territory of a Member State of the EEA or the Swiss

Confederation (ISIC Rev. 3.1 040, CPC 63297, 74220, CPC 887).

Measures:

CZ: Act No. 458/2000 Coll on Business conditions and public administration in the energy sectors

(The Energy Act).

LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973; and Law

on electricity of the Republic of Lithuania of 20 July 2000 No VIII-1881.

PL: Energy Law Act of 10 April 1997, Articles 32 and 33.

EU/UK/TCA/Annex 19-24/en 185

–
With respect to Cross-border trade in services Local presence:

In SI: The production, trading, supply to final customers, transmission and distribution of electricity

and natural gas is subject to establishment in the Union (ISIC Rev. 3.1 4010, 4020, CPC 7131,

CPC 887).

Measures:

SI: Energetski zakon (Energy Act) 2014, Official Gazette RS, nr. 17/2014; and Mining Act 2014.

EU/UK/TCA/Annex 19-24/en 186

Reservation No. 18 - Agriculture, fishing and manufacturing

Sector – sub-sector: Agriculture, hunting, forestry; animal and reindeer husbandry, fishing

and aquaculture; publishing, printing and reproduction of recorded

media

Industry classification: ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221,

222, 323, 324, CPC 881, 882, 88442

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Performance requirements

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation; Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

EU/UK/TCA/Annex 19-24/en 187

Description:

(a) Agriculture, hunting and forestry (ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, CPC 881)

With respect to Investment liberalisation – National treatment:

In IE: Establishment by foreign residents in flour milling activities is subject to authorisation (ISIC

Rev. 3.1 1531).

Measures:

IE: Agriculture Produce (Cereals) Act, 1933.

–
With respect to Investment liberalisation Market access, National treatment:

In FI: Only nationals of a Member State of the EEA resident in the reindeer herding area may own

reindeer and practice reindeer husbandry. Exclusive rights may be granted.

In FR: Prior authorisation is required in order to become a member or act as a director of an

agricultural cooperative (ISIC Rev. 3.1 011, 012, 013, 014, 015).

In SE: Only Sami people may own and practice reindeer husbandry.

Measures:

EU/UK/TCA/Annex 19-24/en 188

FI: Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, s. 4, Protocol 3 to the

Accession Treaty of Finland.

FR: Code rural et de la pêche maritime.

SE: Reindeer Husbandry Act (1971:437), section 1.

(b) Fishing and aquaculture (ISIC Rev. 3.1 050, 0501, 0502, CPC 882)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

services: Market access:

In FR: A French vessel flying the French flag may be issued a fishing authorisation or may be

allowed to fish on the basis of national quotas only when a real economic link on the territory of

France is established and the vessel is directed and controlled from a permanent establishment

located on the territory of France (ISIC Rev. 3.1 050, CPC 882).

Measures:

FR: Code rural et de la pêche maritime.

(c) Manufacturing - Publishing, printing and reproduction of recorded media (ISIC Rev. 3.1 221,

222, 323, 324, CPC 88442)

EU/UK/TCA/Annex 19-24/en 189

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

services: Market access, National treatment, Local presence:

In LV: Only legal persons incorporated in Latvia, and natural persons of Latvia have the right to

found and publish mass media. Branches are not allowed (CPC 88442).

Measures:

LV: Law on the Press and Other Mass Media, s. 8.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

Local presence:

In DE (applies also to the regional level of government): Each publicly distributed or printed

newspaper, journal, or periodical must clearly indicate a "responsible editor" (the full name and

address of a natural person). The responsible editor may be required to be a permanent resident of

Germany, the Union or an EEA Member State. Exceptions may be allowed by the Federal Minister

of the Interior (ISIC Rev. 3.1 223, 224).

Measures:

EU/UK/TCA/Annex 19-24/en 190

DE:

Regional level:

Gesetz über die Presse Baden-Württemberg (LPG BW);

Bayerisches Pressegesetz (BayPrG);

Berliner Pressegesetz (BlnPrG);

Brandenburgisches Landespressegesetz (BbgPG);

Gesetz über die Presse Bremen (BrPrG);

Hamburgisches Pressegesetz;

Hessisches Pressegesetz (HPresseG);

Landespressegesetz für das Land Mecklenburg-Vorpommern (LPrG M-V);

Niedersächsisches Pressegesetz (NPresseG);

Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW);

Landesmediengesetz (LMG) Rheinland-Pfalz;

Saarländisches Mediengesetz (SMG);

Sächsisches Gesetz über die Presse (SächsPresseG);

Pressegesetz für das Land Sachsen-Anhalt (Landespressegesetz);

Gesetz über die Presse Schleswig-Holstein (PressG SH);

Thüringer Pressegesetz (TPG).

–
With respect to Investment liberalisation Market Access, National Treatment:

In IT: In so far as the United Kingdom allow Italian investors to own more than 49 per cent of the

capital and voting rights in a publishing company of the United Kingdom, then Italy will allow

investors of the United Kingdom to own more than 49 per cent of the capital and voting rights in an

Italian publishing company under the same conditions (ISIC Rev. 3.1 221, 222).

Measures:

EU/UK/TCA/Annex 19-24/en 191

IT: Law 416/1981, Article 1 (and subsequent amendments).

–
With respect to Investment liberalisation Senior management and boards of directors:

In PL: Nationality is required for the editor-in-chief of newspapers and journals (ISIC Rev.

3.1 221, 222).

Measures:

PL: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent

amendments.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

National treatment, Local presence:

In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must

reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who

are legal persons must be established in the EEA. Periodicals that are printed and published in

Sweden and technical recordings must have a responsible editor, who must be domiciled in Sweden

(ISIC Rev. 3.1 22, CPC 88442).

Measures:

SE: Freedom of the press act (1949:105);

Fundamental law on Freedom of Expression (1991:1469); and

Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of

Expression (1991:1559).

EU/UK/TCA/Annex 19-24/en 192

Schedule of the United Kingdom

Reservation No. 1 – All sectors

Reservation No. 2 – Professional services (all professions except health-related)

Reservation No. 3 – Professional services (veterinary services)

Reservation No. 4 – Research and development services

Reservation No. 5 – Business services

Reservation No. 6 – Communication services

Reservation No. 7 – Transport services and services auxiliary to transport services

Reservation No. 8 – Energy related activities

EU/UK/TCA/Annex 19-24/en 193

Reservation No. 1 – All sectors

Sector All sectors

Type of reservation: Market access

National treatment

Most favoured nation treatment

Senior management and boards of directors

Performance requirements

Chapter: Investment liberalisation

Level of government: Central and Regional (unless otherwise specified)

Description:

–
With respect to Investment liberalisation Performance requirements

The United Kingdom may enforce a commitment or undertaking given in accordance with the

provisions governing post-offer undertakings in the City Code on Takeovers and Mergers, or

pursuant to Deeds of Undertaking in relation to takeovers or mergers, where the commitment

or undertaking is not imposed or required as a condition of approval of the takeover or merger.

EU/UK/TCA/Annex 19-24/en 194

Measures:

The City Code on Takeovers and Mergers

Companies Act 2006

Law of Property (Miscellaneous Provisions) Act 1989 as regards enforcement of Deeds of

Undertaking in relation to takeovers or mergers

–
With respect to Investment liberalisation Market access, National treatment and Senior

management and boards of directors

This reservation applies only to health, social or education services:

The UK, when selling or disposing of its equity interests in, or the assets of, an existing state

enterprise or an existing governmental entity providing health, social or education services (CPC

93, 92), may prohibit or impose limitations on the ownership of such interests or assets, and on the

ability of owners of such interests and assets to control any resulting enterprise, by investors of the

Union or their enterprises. With respect to such a sale or other disposition, the UK may adopt or

maintain any measure relating to the nationality of senior management or members of the boards of

directors, as well as any measure limiting the number of suppliers.

EU/UK/TCA/Annex 19-24/en 195

For the purposes of this reservation:

(i) any measure maintained or adopted after entry into force of this Agreement that, at the

time of the sale or other disposition, prohibits or imposes limitations on the ownership

of equity interests or assets or imposes nationality requirements or imposes limitations

on the numbers of suppliers as described in this reservation shall be deemed to be an

existing measure; and

(ii) "state enterprise" means an enterprise owned or controlled through ownership interests

by the UK and includes an enterprise established after entry into force of this

Agreement solely for the purposes of selling or disposing of equity interests in, or the

assets of, an existing state enterprise or governmental entity.

Measures:

As set out in the Description element as indicated above.

EU/UK/TCA/Annex 19-24/en 196

Reservation No. 2 – Professional services (all professions except health-related)

Sector – sub-sector: Professional services – legal services; auditing services

Industry classification: Part of CPC 861, CPC 862

Type of reservation: Market access

National treatment

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: Central and Regional (unless otherwise specified)

Description:

(a) Legal services (part of CPC 861)

EU/UK/TCA/Annex 19-24/en 197

In order to provide certain legal services, it may be necessary to obtain authorisation or a licence

from a competent authority, or to comply with registration requirements. To the extent that the

requirements for obtaining authorisation or a licence, or registration, are non-discriminatory and

conform with commitments imposed by Article 194 of this Agreement, they are not listed. These

may, for example, include a requirement to having obtained specified qualifications, having

completed a recognised period of training, or requiring upon membership an office or a post address

within the competent authority's jurisdiction.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, Local presence, National treatment:

Residency (commercial presence) may be required by the relevant professional or regulatory body

for the provision of some UK domestic legal services. Non-discriminatory legal form requirements

apply.

Residency may be required by the relevant professional or regulatory body for the provision of

certain UK domestic legal services in relation to immigration.

Measures:

For England and Wales, the Solicitors Act 1974, the Administration of Justice Act 1985 and the

Legal Services Act 2007. For Scotland, the Solicitors (Scotland) Act 1980 and the Legal Services

(Scotland) Act 2010. For Northern Ireland, the Solicitors (Northern Ireland) Order 1976. For all

jurisdictions, the Immigration and Asylum Act 1999. In addition, the measures applicable in each

jurisdiction include any requirements set by professional and regulatory bodies.

EU/UK/TCA/Annex 19-24/en 198

(b) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)

With respect to Investment liberalisation – National treatment and cross-border trade in

Services – National treatment:

The competent authorities of the UK may recognise the equivalence of the qualifications of an

auditor who is a national of the Union or of any third country in order to approve them to act as a

statutory auditor in the UK subject to reciprocity (CPC 8621).

Measures:

The Companies Act 2006

EU/UK/TCA/Annex 19-24/en 199

Reservation No. 3 – Professional services (veterinary services)

Sector – sub-sector: Professional services – veterinary services

Industry classification:

Type of reservation:

Chapter:

CPC 932

Market access

Local presence

Investment liberalisation and Cross-border trade in services

Level of government: Central and Regional (unless otherwise specified)

Description:

Physical presence is required to perform veterinary surgery. The practice of veterinary surgery is

reserved to qualified veterinary surgeons who are registered with the Royal College of Veterinary

Surgeons (RCVS).

Measures:

Veterinary Surgeons Act 1966

EU/UK/TCA/Annex 19-24/en 200

Reservation No. 4 – Research and development services

Sector – sub-sector: Research and development (R&D) services

Industry classification: CPC 851, 853

Type of reservation: Market access

National treatment

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: Central and Regional (unless otherwise specified)

Description:

For publicly funded research and development (R&D) services benefitting from funding provided

by the UK, exclusive rights or authorisations may only be granted to nationals of the UK and to

legal persons of the UK having their registered office, central administration or principal place of

business in the UK (CPC 851, 853).

EU/UK/TCA/Annex 19-24/en 201

This reservation is without prejudice to Part Five of this Agreement and to the exclusion of

procurement by a Party or subsidies or grants provided by the Parties in Article 123(6) and (7) of

this Agreement.

Measures:

All currently existing and all future research or innovation programmes.

EU/UK/TCA/Annex 19-24/en 202

Reservation No. 5 – Business services

Sector – sub-sector: Business services – rental or leasing services without operators and

other business services

Industry classification: Part of CPC 831

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: Central and Regional (unless otherwise specified)

Description:

For rental or leasing of aircraft without crew (dry lease) aircraft used by an air carrier of the UK are

subject to applicable aircraft registration requirements. A dry lease agreement to which a UK carrier

is a party shall be subject to requirements in the national law on aviation safety, such as prior

approval and other conditions applicable to the use of third countries' registered aircraft. To be

registered, aircraft may be required to be owned either by natural persons meeting specific

nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and

control (CPC 83104).

EU/UK/TCA/Annex 19-24/en 203

With respect to computer reservation system (CRS) services, where the UK air carriers are not

accorded, by CRS services suppliers operating outside the UK, equivalent (meaning non

discriminatory) treatment to that provided in the UK, or where UK CRS services suppliers are not

accorded, by non-UK air carriers, equivalent treatment to that provided in the UK, measures may be

taken to accord equivalent discriminatory treatment, respectively, to the non-UK air carriers by the

CRS services suppliers operating in the UK, or to the non-UK CRS services suppliers by UK air

carriers.

Measures:

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September

2008 on common rules for the operation of air services in the Community (Recast) as retained in

UK law by the European Union (Withdrawal) Act 2018 and as amended by the Operation of Air

Services (Amendment etc.) (EU Exit) Regulations (S.I. 2018/1392).

Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on

a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC)

No 2299/89, as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended

by the Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080).

EU/UK/TCA/Annex 19-24/en 204

Reservation No. 6 – Communication services

Sector – sub-sector: Communication services - postal and courier services

Industry classification: Part of CPC 71235, part of 73210, part of 751

Type of reservation: Market access

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: Central and Regional (unless otherwise specified)

Description:

The organisation of the siting of letter boxes on the public highway, the issuing of postage stamps

and the provision of the registered mail service used in the course of judicial or administrative

procedures may be restricted in accordance with national legislation. For greater certainty, postal

operators may be subject to particular universal service obligations or a financial contribution to a

compensation fund.

Measures:

Postal Services Act 2000 and Postal Services Act 2011

EU/UK/TCA/Annex 19-24/en 205

Reservation No. 7 – Transport services and services auxiliary to transport services

Sector – sub-sector: Transport services - auxiliary services for water transport, auxiliary

services to rail transport, services auxiliary to road transport,

services auxiliary to air transport services

Industry classification: CPC 711, 712, 721, 741, 742, 743, 744, 745, 746, 748, 749

Type of reservation: Market access

National treatment

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: Central and Regional (unless otherwise specified)

Description:

(a) Services auxiliary to air transport services (CPC 746)

With respect to Investment liberalisation - Market access and Cross-border trade in services 

Market access:

EU/UK/TCA/Annex 19-24/en 206

The level of openness of groundhandling services depends on the size of airport. The number of

suppliers in each airport may be limited. For "big airports", this limit may not be less than two

suppliers.

Measures:

The Airports (Groundhandling) Regulations 1997 (S.I. 1997/2389)

(b) Supporting services for all modes of transport

With respect to Investment liberalisation - National treatment and Cross-border trade in services 

Market access, Local presence, National treatment:

Customs services, including customs clearance services and services relating to use of temporary

storage facilities or customs warehouses, may only be provided by persons established in the UK.

For the avoidance of doubt, this includes UK residents, persons with a permanent place of business

in the UK or a registered office in the UK.

Measures:

Taxation (Cross-Border Trade Act) 2018; the Customs and Excise Management Act 1979; the

Customs (Export) (EU Exit) Regulations 2019; the Customs (Import Duty) (EU Exit) Regulations

2018; the Customs (Special Procedures and Outward Processing) (EU Exit) Regulations 2018; the

Customs and Excise (Miscellaneous Provisions and Amendments) (EU Exit) Regulations

2019/1215.

EU/UK/TCA/Annex 19-24/en 207

(c) Auxiliary services for water transport

– –
With respect to Investment liberalisation Market access, and Cross-border trade in Services

Market access:

For port services, the managing body of a port, or the competent authority, may limit the number of

providers of port services for a given port service.

Measures:

Regulation (EU) 2017/352 of 15 February 2017 establishing a framework for the provision of port

services and common rules on the financial transparency of ports, Article 6 as retained in UK law

by the European Union (Withdrawal) Act 2018 and as amended by the Pilotage and Port Services

(Amendment) (EU Exit) Regulations 2020 (S.I. 2020/671)

Port Services Regulations 2019

EU/UK/TCA/Annex 19-24/en 208

Reservation No. 8 – Energy related activities

Sector – sub-sector: Energy related activities - mining and quarrying

Industry classification: ISIC Rev. 3.1 11, 8675, 883

Type of reservation: Market access

Chapter: Investment liberalisation and Cross-border trade in services

Level of government: Central and Regional (unless otherwise specified)

Description:

A licence is necessary to undertake exploration and production activities on the UK Continental

Shelf (UKCS), and to provide services which require direct access to or exploitation of natural

resources.

This reservation applies to production licences issued with respect to the UK Continental Shelf. To

be a Licensee, a company must have a place of business within the UK. That means either:

(i) a staffed presence in the UK;

(ii) registration of a UK company at Companies House; or

EU/UK/TCA/Annex 19-24/en 209

(iii) registration of a UK branch of a foreign company at Companies House.

This requirement exists for any company applying for a new licence and for any company seeking

to join an existing licence by assignment. It applies to all licences and to all enterprises, whether

operator or not. To be a party to a licence that covers a producing field, a company must: (a) be

registered at Companies House as a UK company; or (b) carry on its business through a fixed place

of business in the UK as defined in section 148 of the Finance Act 2003 (which normally requires a

staffed presence) (ISIC Rev. 3.1 11, CPC 883, 8675).

Measures:

Petroleum Act 1998

______________

EU/UK/TCA/Annex 19-24/en 210

**ANNEX 20**

FUTURE MEASURES

Headnotes

1. The Schedules of the United Kingdom and the Union set out, under Articles 133, 139 and 195

of this Agreement, the reservations taken by the United Kingdom and the Union with respect

to existing measures that do not conform with obligations imposed by:

(a) Article 128 or 135 of this Agreement;

(b) Article 136 of this Agreement;

(c) Article 129 or 137 of this Agreement;

(d) Article 130 or 138 of this Agreement;

(e) Article 131 of this Agreement;

(f) Article 132 of this Agreement;

(g) Article 194 of this Agreement.

EU/UK/TCA/Annex 19-24/en 211

2. The reservations of a Party are without prejudice to the rights and obligations of the Parties

under GATS.

3. Each reservation sets out the following elements:

(a) "sector" refers to the general sector in which the reservation is taken;

(b) "sub-sector" refers to the specific sector in which the reservation is taken;

(c) "industry classification" refers, where applicable, to the activity covered by the

reservation according to the CPC, ISIC rev 3.1, or as expressly otherwise described in a

Party's reservation;

(d) "type of reservation" specifies the obligation referred to in paragraph 1 for which a

reservation is taken;

(e) "description" sets out the scope of the sector, sub-sector or activities covered by the

reservation; and

(f) "existing measures" identifies, for transparency purposes, existing measures that apply

to the sector, sub-sector or activities covered by the reservation.

4. In the interpretation of a reservation, all elements of the reservation shall be considered. The

"description" element shall prevail over all other elements.

EU/UK/TCA/Annex 19-24/en 212

5. For the purposes of the Schedules of the United Kingdom and the European Union:

(a) "ISIC Rev. 3.1" means the International Standard Industrial Classification of All

Economic Activities as set out in Statistical Office of the United Nations, Statistical

Papers, Series M, No.4, ISIC Rev. 3.1, 2002;

(b) "CPC" means the Provisional Central Product Classification (Statistical Papers, Series

M No. 77, Department of International Economic and Social Affairs, Statistical Office

of the United Nations, New York,1991).

6. For the purposes of the Schedules of the United Kingdom and the Union, a reservation for a

requirement to have a local presence in the territory of the Union or the United Kingdom is

taken against Article 136 of this Agreement, and not against Article 135 or 137 of this

Agreement. Furthermore, such a requirement is not taken as a reservation against Article 129

of this Agreement.

7. A reservation taken at the level of the Union applies to a measure of the Union, to a measure

of a Member State at the central level or to a measure of a government within a Member

State, unless the reservation excludes a Member State. A reservation taken by a Member State

applies to a measure of a government at the central, regional or local level within that Member

State. For the purposes of the reservations of Belgium, the central level of government covers

the federal government and the governments of the regions and the communities as each of

them holds equipollent legislative powers. For the purposes of the reservations of the Union

and its Member States, a regional level of government in Finland means the Åland Islands. A

reservation taken at the level of the United Kingdom applies to a measure of the central

government, a regional government or a local government.

EU/UK/TCA/Annex 19-24/en 213

8. The list of reservations below does not include measures relating to qualification requirements

and procedures, technical standards and licensing requirements and procedures where they do

not constitute a market access or a national treatment limitation within the meaning of Article

128, 129, 135, 136, 137 or 194 of this Agreement. These measures may include, in particular

the need to obtain a licence, to satisfy universal service obligations, to have recognised

qualifications in regulated sectors, to pass specific examinations, including language

examinations, to fulfil a membership requirement of a particular profession, such as

membership in a professional organisation, to have a local agent for service, or to maintain a

local address, or any other non-discriminatory requirements that certain activities may not be

carried out in protected zones or areas. While not listed, such measures continue to apply.

9. For greater certainty, for the Union, the obligation to grant national treatment does not entail

the requirement to extend to natural or legal persons of the United Kingdom the treatment

granted in a Member State, pursuant to the Treaty on the Functioning of the European Union,

or any measure adopted pursuant to that Treaty, including their implementation in the

Member States, to:

(a) natural persons or residents of another Member State; or

EU/UK/TCA/Annex 19-24/en 214

(b) legal persons constituted or organised under the law of another Member State or of the

Union and having their registered office, central administration or principal place of

business in the Union.

10. Treatment granted to legal persons established by investors of a Party in accordance with the

law of the other Party (including, in the case of the Union, the law of a Member State) and

having their registered office, central administration or principal place of business within that

other Party, is without prejudice to any condition or obligation, consistent with Chapter 2 of

Title II of Heading One of Part Two of this Agreement, which may have been imposed on

such legal person when it was established in that other Party, and which shall continue to

apply.

11. The Schedules apply only to the territories of the United Kingdom and the European Union in

accordance with Article 520(2) and Article 774 of this Agreement and are only relevant in the

context of trade relations between the Union and its Member States with the United Kingdom.

They do not affect the rights and obligations of the Member States under Union law.

12. For greater certainty, non-discriminatory measures do not constitute a market access

limitation within the meaning of Article 128, 135 or 194 of this Agreement for any measure:

EU/UK/TCA/Annex 19-24/en 215

(a) requiring the separation of the ownership of infrastructure from the ownership of the

goods or services provided through that infrastructure to ensure fair competition, for

example in the fields of energy, transportation and telecommunications;

(b) restricting the concentration of ownership to ensure fair competition;

(c) seeking to ensure the conservation and protection of natural resources and the

environment, including a limitation on the availability, number and scope of

concessions granted, and the imposition of a moratorium or ban;

(d) limiting the number of authorisations granted because of technical or physical

constraints, for example telecommunications spectra and frequencies; or

(e) requiring that a certain percentage of the shareholders, owners, partners, or directors of

an enterprise be qualified or practice a certain profession such as lawyers or

accountants.

EU/UK/TCA/Annex 19-24/en 216

13. With respect to financial services: Unlike foreign subsidiaries, branches established directly in

a Member State by a non-European Union financial institution are not, with certain limited

exceptions, subject to prudential regulations harmonised at European Union level which

enable such subsidiaries to benefit from enhanced facilities to set up new establishments and

to provide cross-border services throughout the Union. Therefore, such branches receive an

authorisation to operate in the territory of a Member State under conditions equivalent to

those applied to domestic financial institutions of that Member State, and may be required to

satisfy a number of specific prudential requirements such as, in the case of banking and

securities, separate capitalisation and other solvency requirements and reporting and

publication of accounts requirements or, in the case of insurance, specific guarantee and

deposit requirements, a separate capitalisation, and the localisation in the Member State

concerned of the assets representing the technical reserves and at least one third of the

solvency margin.

EU/UK/TCA/Annex 19-24/en 217

The following abbreviations are used in the list of reservations below:

UK United Kingdom

EU European Union, including all its Member States

AT Austria

BE Belgium

BG Bulgaria

CY Cyprus

CZ Czechia

DE Germany

DK Denmark

EE Estonia

EL Greece

ES Spain

FI Finland

FR France

HR Croatia

EU/UK/TCA/Annex 19-24/en 218

HU Hungary

IE Ireland

IT Italy

LT Lithuania

LU Luxembourg

LV Latvia

MT Malta

NL The Netherlands

PL Poland

PT Portugal

RO Romania

SE Sweden

SI Slovenia

SK Slovak Republic

EU/UK/TCA/Annex 19-24/en 219

Schedule of the Union

Reservation No. 1 - All sectors

Reservation No. 2 - Professional services – other than health related services

Reservation No. 3 - Professional services – health related and retail of pharmaceuticals

Reservation No. 4 - Business Services - Research and development services

Reservation No. 5 - Business Services - Real estate services

Reservation No. 6 - Business services - Rental or leasing services

Reservation No. 7 - Business Services - Collection agency services and Credit reporting services

Reservation No. 8 - Business Services - Placement services

Reservation No. 9 - Business Services - Security and investigation services

Reservation No. 10 - Business Services - Other business services

Reservation No. 11 - Telecommunication

EU/UK/TCA/Annex 19-24/en 220

Reservation No. 12 - Construction

Reservation No. 13 - Distribution services

Reservation No. 14 - Education services

Reservation No. 15 - Environmental services

Reservation No. 16 – Financial Services

Reservation No. 17 - Health services and social services

Reservation No. 18 - Tourism and travel related services

Reservation No. 19 - Recreational, cultural and sporting services

Reservation No. 20 - Transport services and auxiliary transport services

Reservation No. 21 - Agriculture, fishing and water

Reservation No. 22 - Energy related activities

Reservation No. 23 - Other services not included elsewhere

EU/UK/TCA/Annex 19-24/en 221

Reservation No. 1 - All sectors

Sector: All sectors

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Obligations for legal services

Chapter/Section: Investment liberalisation, Cross-border trade in services and

Regulatory framework for legal services

Description:

EU/UK/TCA/Annex 19-24/en 222

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a) Establishment

With respect to Investment liberalisation – Market access:

The EU: Services considered as public utilities at a national or local level may be subject to public

monopolies or to exclusive rights granted to private operators.

Public utilities exist in sectors such as related scientific and technical consulting services, research

and development (R&D) services on social sciences and humanities, technical testing and analysis

services, environmental services, health services, transport services and services auxiliary to all

modes of transport. Exclusive rights on such services are often granted to private operators, for

instance operators with concessions from public authorities, subject to specific service obligations.

Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector

specific scheduling is not practical. This reservation does not apply to telecommunications and to

computer and related services.

–
With respect to Investment liberalisation Market access, National treatment; Cross-border trade in

services – Market access, National treatment and Regulatory framework for legal services –

Obligations:

EU/UK/TCA/Annex 19-24/en 223

In FI: Restrictions on the right for natural persons, who do not enjoy regional citizenship in Åland,

and for legal persons, to acquire and hold real property on the Åland Islands without obtaining

permission from the competent authorities of the Åland Islands. Restrictions on the right of

establishment and right to carry out economic activities by natural persons, who do not enjoy

regional citizenship in Åland, or by any enterprise, without obtaining permission from the

competent authorities of the Åland Islands.

Existing measures:

FI: Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), s. 2; and

Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), s. 11.

–
With respect to Investment liberalisation Market access, National treatment, Performance

requirements, Senior management and boards of directors; Regulatory Framework for legal services

–
Obligations:

In FR: Pursuant to articles L151-1 and 151-1 et seq of the financial and monetary code, foreign

investments in France in sectors listed in article R.151-3 of the financial and monetary code are

subject to prior approval from the Minister for the Economy.

Existing measures:

FR: As set out in the description element as indicated above.

EU/UK/TCA/Annex 19-24/en 224

–
With respect to Investment liberalisation National treatment, Senior management and boards of

directors:

In FR: Limiting foreign participation in newly privatised companies to a variable amount,

determined by the government of France on a case by case basis, of the equity offered to the public.

For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is

needed if the managing director is not a holder of a permanent residence permit.

–
With respect to Investment liberalisation Market access and Regulatory framework for legal

services – Obligations:

In HU: Establishment should take a form of limited liability company, joint-stock company or

representative office. Initial entry as a branch is not permitted except for financial services.

–
With respect to Investment liberalisation Market access, National treatment:

In BG: Certain economic activities related to the exploitation or use of State or public property are

subject to concessions granted under the provisions of the Concessions Act.

EU/UK/TCA/Annex 19-24/en 225

In commercial corporations in which the State or a municipality holds a share in the capital

exceeding 50 per cent, any transactions for disposition of fixed assets of the corporation, to

conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing

of receivables, as well as incurring any obligations arising under bills of exchange, are subject to

authorisation or permission by the Privatisation Agency or other state or regional bodies, whichever

is the competent authority. This reservation does not apply to mining and quarrying, which are

subject to a separate reservation in the Schedule of the Union in Annex 19 to this Agreement.

In IT: The Government may exercise certain special powers in enterprises operating in the areas of

defence and national security, and in certain activities of strategic importance in the areas of energy,

transport and communications. This applies to all juridical persons carrying out activities

considered of strategic importance in the areas of defence and national security, not only to

privatised companies.

If there is a threat of serious injury to the essential interests of defence and national security, the

Government has following special powers to:

(a) to impose specific conditions in the purchase of shares;

(b) to veto the adoption of resolutions relating to special operations such as transfers, mergers,

splitting up and changes of activity; or

(c) to reject the acquisition of shares, where the buyer seeks to hold a level of participation in the

capital that is likely to prejudice the interests of defence and national security.

EU/UK/TCA/Annex 19-24/en 226

Any resolution, act or transaction (such as transfers, mergers, splitting up, change of activity or

termination) relating to strategic assets in the areas of energy, transport and communications shall

be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by

any natural or juridical person outside the European Union that give this person control over the

company shall be notified.

The Prime Minister may exercise the following special powers:

(a) to veto any resolution, act and transaction that constitutes an exceptional threat of serious

injury to the public interest in the security and operation of networks and supplies;

(b) to impose specific conditions in order to guarantee the public interest; or

(c) to reject an acquisition in exceptional cases of risk to the essential interests of the State.

The criteria on which to evaluate the real or exceptional threat and conditions and procedures for

the exercise of the special powers are laid down in the law.

Existing measures:

IT: Law 56/2012 on special powers in companies operating in the field of defence and national

security, energy, transport and communications; and

Decree of the Prime Minister DPCM 253 of 30.11.2012 defining the activities of strategic

importance in the field of defence and national security.

EU/UK/TCA/Annex 19-24/en 227

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment, Performance requirements, Senior management and boards of directors:

In LT: Enterprises, sectors and facilities of strategic importance to national security.

Existing measures:

LT: Law on the Protection of Objects of Importance to Ensuring National Security of the Republic

of Lithuania of 10 October 2002 No. IX-1132 (as last amended on 12 of January 2018 No XIII

992).

–
With respect to Investment liberalisation National treatment and Senior management and boards

of directors:

In SE: Discriminatory requirements for founders, senior management and boards of directors when

new forms of legal association are incorporated into Swedish law.

(b) Acquisition of real estate

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors:

In HU: The acquisition of state-owned properties.

EU/UK/TCA/Annex 19-24/en 228

–
With respect to Investment liberalisation Market access, National treatment:

In HU: The acquisition of arable land by foreign legal persons and non-resident natural persons.

Existing measures:

HU: Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter II (Paragraph

6-36) and Chapter IV (Paragraph 38-59)); and

Act CCXII of 2013 on the transitional measures and certain provisions related to Act CXXII of

2013 on the circulation of agricultural and forestry land (Chapter IV (Paragraph 8-20)).

In LV: The acquisition of rural land by nationals of the United Kingdom or of a third country.

Existing measures:

LV: Law on land privatisation in rural areas, ss. 28, 29, 30.

In SK: Foreign companies or natural persons may not acquire agricultural and forest land outside

the borders of the built-up area of a municipality and some other land (e.g. natural resources, lakes,

rivers, public roads etc.).

Existing measures:

EU/UK/TCA/Annex 19-24/en 229

SK: Act No 44/1988 on protection and exploitation of natural resources;

Act No 229/1991 on regulation of the ownership of land and other agricultural property;

Act No 460/1992 Constitution of the Slovak Republic;

Act No 180/1995 on some measures for land ownership arrangements;

Act No 202/1995 on Foreign Exchange;

Act No 503/2003 on restitution of ownership to land;

Act No 326/2005 on Forests; and

Act No 140/2014 on the acquisition of ownership of agricultural land.

With respect to Investment liberalisation – National treatment and Cross-border trade in services –

Local presence:

In BG: Foreign natural and legal persons cannot acquire land. Legal persons of Bulgaria with

foreign participation cannot acquire agricultural land. Foreign legal persons and foreign natural

persons with permanent residence abroad can acquire buildings and real estate property rights (right

to use, right to build, right to raise a superstructure and servitudes). Foreign natural persons with

permanent residence abroad, foreign legal persons in which foreign participation ensures a majority

in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in

specific geographic regions designated by the Council of Ministers subject to permission.

BG: Constitution of the Republic of Bulgaria, article 22; Law on Ownership and Use of

Agricultural Land, article 3; and Law on Forests, article 10.

EU/UK/TCA/Annex 19-24/en 230

In EE: Foreign natural or legal persons that are not from the EEA or from members of the

Organisation for Economic Co-operation and Development can acquire an immovable asset which

contains agricultural and/or forest land only with the authorisation of the county governor and of the

municipal council, and must prove as prescribed by law that the immovable asset will, according to

its intended purpose, be used efficiently, sustainably and purposefully.

Existing measures:

EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act)

Chapters 2 and 3.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services - Market access, National treatment:

In LT: Any measure which is consistent with the commitments taken by the European Union and

which are applicable in Lithuania in GATS with respect to land acquisition. The land plot

acquisition procedure, terms and conditions, as well as restrictions shall be established by the

Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land.

However, local governments (municipalities) and other national entities of Members of the

Organisation for Economic Co-operation and Development and North Atlantic Treaty Organization

conducting economic activities in Lithuania, which are specified by the constitutional law in

compliance with the criteria of European Union and other integration which Lithuania has

embarked on, are permitted to acquire into their ownership non-agricultural land plots required for

the construction and operation of buildings and facilities necessary for their direct activities.

EU/UK/TCA/Annex 19-24/en 231

Existing measures:

LT: Constitution of the Republic of Lithuania;

The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of

Article 47 of the Constitution of the Republic of Lithuania of 20 June 1996, No. I-1392 as last

amended 20 March 2003, No. IX-1381;

Law on land, of 27 January 2004, No. IX-1983; and

Law on acquisition of agricultural land of 24 April 2014, No. XII-854.

(c) Recognition

With respect to Investment liberalisation –National treatment and Cross-border trade in services –

National treatment _:_

In EU: The Union directives on mutual recognition of diplomas and other professional qualification

only apply to the citizens of the Union. The right to practise a regulated professional service in one

Member State does not grant the right to practise in another Member State.

(d) Most-favoured-nation treatment

With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade

in services – Most-favoured-nation treatment and Regulatory framework for legal services –

Obligations:

EU/UK/TCA/Annex 19-24/en 232

The EU: According differential treatment to a third country pursuant to any international investment

treaties or other trade agreement in force or signed prior to the date of entry into force of this

Agreement.

The EU: According differential treatment to a third country pursuant to any existing or future

bilateral or multilateral agreement which:

(i) creates an internal market in services and investment;

(ii) grants the right of establishment; or

(iii) requires the approximation of legislation in one or more economic sectors.

An internal market in services and investment means an area without internal frontiers in which the

free movement of services, capital and persons is ensured.

The right of establishment means an obligation to abolish in substance all barriers to establishment

among the parties to the bilateral or multilateral agreement by the entry into force of that agreement.

The right of establishment shall include the right of nationals of the parties to the bilateral or

multilateral agreement to set up and operate enterprises under the same conditions provided for

nationals under the law of the party where such establishment takes place.

The approximation of legislation means:

EU/UK/TCA/Annex 19-24/en 233

(i) the alignment of the legislation of one or more of the parties to the bilateral or

multilateral agreement with the legislation of the other party or parties to that

agreement; or

(ii) the incorporation of common legislation into the law of the parties to the bilateral or

multilateral agreement.

Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at

such time that it has been enacted in the law of the party or parties to the bilateral or multilateral

agreement.

Existing measures:

EU: Agreement on the European Economic Area;

Stabilisation Agreements;

EU-Swiss Confederation bilateral agreements; and

Deep and Comprehensive Free Trade Agreements.

The EU: According differential treatment relating to the right of establishment to nationals or

enterprises through existing or future bilateral agreements between the following Member States:

BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT and any of the following countries or principalities:

Andorra, Monaco, San Marino and the Vatican City State.

In DK, FI, SE: Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic

cooperation, such as:

EU/UK/TCA/Annex 19-24/en 234

(a) financial support to research and development (R&D) projects (the Nordic Industrial

Fund);

(b) funding of feasibility studies for international projects (the Nordic Fund for Project

Exports); and

(c) financial assistance to companies utilizing environmental technology (the Nordic

Environment Finance Corporation). The purpose of the Nordic Environment Finance

Corporation (NEFCO) is to promote investments of Nordic environmental interest, with

a focus on Eastern Europe.

This reservation is without prejudice to the exclusion of procurement by a Party or subsidies in

Article 123(6) and (7) of this Agreement.

In PL: Preferential conditions for establishment or the cross-border supply of services, which may

include the elimination or amendment of certain restrictions embodied in the list of reservations

applicable in Poland, may be extended through commerce and navigation treaties.

In PT: Waiving nationality requirements for the exercise of certain activities and professions by

natural persons supplying services for countries in which Portuguese is the official language

(Angola, Brazil, Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, São Tomé &

Principe, and East Timor).

EU/UK/TCA/Annex 19-24/en 235

(e) Arms, munition and war material

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment, Senior management and boards of directors, Performance requirements and Cross-border

trade in services – Market access, National treatment, Most-favoured-nation treatment, Local

presence:

In EU: Production or distribution of, or trade in, arms, munitions and war material. War material is

limited to any product which is solely intended and made for military use in connection with the

conduct of war or defence activities.

EU/UK/TCA/Annex 19-24/en 236

Reservation No. 2 - Professional services - other than health related services

Sector: Professional services - legal services: services of notaries and by

bailiffs; accounting and bookkeeping services; auditing services,

taxation advisory services; architecture and urban planning services,

engineering services, and integrated engineering services

Industry classification: Part of CPC 861, part of 87902, 862, 863, 8671, 8672, 8673, 8674,

part of 879

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

EU/UK/TCA/Annex 19-24/en 237

(a) Legal services

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment:

The EU, with the exception of SE: The supply of legal advisory and legal authorisation,

documentation, and certification services provided by legal professionals entrusted with public

functions, such as notaries, " _huissiers de justice_ " or other " _officiers publics et ministériels_ ", and

with respect to services provided by bailiffs who are appointed by an official act of government

(part of CPC 861, part of 87902).

With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade

in services – Most-favoured-nation treatment:

In BG: Full national treatment on the establishment and operation of companies, as well as on the

supply of services, may be extended only to companies established in, and citizens of, the countries

with whom preferential arrangements have been or will be concluded (part of CPC 861).

In LT: Attorneys from foreign countries can participate as advocates in court only in accordance

with international agreements (part of CPC 861), including specific provisions regarding

representation before courts.

(b) Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213, 86219,

86220)

EU/UK/TCA/Annex 19-24/en 238

With respect to Cross-border trade in services – Market access:

In HU: Cross-border activities for accounting and bookkeeping.

Existing measures:

HU: Act C of 2000; and Act LXXV of 2007.

–
(c) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)

With respect to Cross-border trade in services - National treatment:

In BG: An independent financial audit shall be implemented by registered auditors who are

members of the Institute of the Certified Public Accountants. Subject to reciprocity, the Institute of

the Certified Public Accountants shall register an audit entity of the United Kingdom or of a third

country upon the latter furnishing proof that:

(a) three-fourths of the members of the management bodies and the registered auditors

carrying out audit on behalf of the entity meet requirements equivalent to those for

Bulgarian auditors and have passed successfully the examinations for it;

(b) the audit entity carries out independent financial audit in accordance with the

requirements for independence and objectivity; and

EU/UK/TCA/Annex 19-24/en 239

(c) the audit entity publishes on its website an annual transparency report or performs other

equivalent requirements for disclosure in case it audits public-interest entities.

Existing Measures:

BG: Independent Financial Audit Act.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors:

In CZ: Only a legal person in which at least 60 per cent of capital interests or voting rights are

reserved to nationals of the Czech Republic or of the Member States of the European Union is

authorised to carry out audits in the Czech Republic.

Existing Measures:

CZ: Law of 14 April 2009 no. 93/2009 Coll., on Auditors.

With respect to Cross-border trade in services – Market access:

In HU: Cross-border supply of auditing services.

Existing Measures:

HU: Act C of 2000; and Act LXXV of 2007.

EU/UK/TCA/Annex 19-24/en 240

In PT: Cross-border supply of auditing services.

(d) Architecture and urban planning services (CPC 8674)

–
With respect to Cross-border trade in services Market access, National treatment:

In HR: The cross-border supply of urban planning.

EU/UK/TCA/Annex 19-24/en 241

Reservation No. 3 - Professional services – health related and retail of pharmaceuticals

Sector: Health related professional services and retail sales of pharmaceutical,

medical and orthopaedic goods, other services provided by pharmacists

Industry classification: CPC 63211, 85201, 9312, 9319, 93121

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

EU/UK/TCA/Annex 19-24/en 242

(a) Medical and dental services; services provided by midwives, nurses, physiotherapists,

psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319, CPC 932)

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access and National treatment:

In FI: The supply of all health-related professional services, whether publicly or privately funded,

including medical and dental services, services provided by midwives, physiotherapists and

paramedical personnel and services provided by psychologists, excluding services provided by

nurses (CPC 9312, 93191).

Existing measures:

FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).

In BG: The supply of all health-related professional services, whether publicly or privately funded,

including medical and dental services, services provided by nurses, midwives, physiotherapists and

paramedical personnel and services provided by psychologists (CPC 9312, part of 9319).

Existing Measures:

BG: Law for Medical Establishment, Professional Organisation of Medical Nurses, Midwives and

Associated Medical Specialists Guild Act.

EU/UK/TCA/Annex 19-24/en 243

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access and National treatment:

In CZ, MT: The supply of all health-related professional services, whether publicly or privately

funded, including the services provided by professionals such as medical doctors, dentists,

midwives, nurses, physiotherapists, paramedics, psychologists, as well as other related services

(CPC 9312, part of 9319).

Existing Measures:

CZ: Act No 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and

Cells Intended for Use in Man ("Act on Human Tissues and Cells");

Act No 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts (Act on

Pharmaceuticals);

Act No. 268/2014 Coll. on medical devices and amending Act No 634/2004 Coll. on administrative

fees, as subsequently amended;

Act No. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on

Amendment to Certain Acts (Transplantation Act).

Act No. 372/2011 Coll., on health services and on conditions of their provision

Act No. 373/2011 Coll., on specific health services).

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

EU/UK/TCA/Annex 19-24/en 244

The EU, with the exception of NL and SE: The supply of all health-related professional services,

whether publicly or privately funded, including the services provided by professionals such as

medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists,

requires residency. These services may only be provided by natural persons physically present in

the territory of the European Union (CPC 9312, part of 93191).

In BE: The cross-border supply whether publicly or privately funded of all health-related

professional services, including medical, dental and midwives services and services provided by

nurses, physiotherapists, psychologists and paramedical personnel. (part of CPC 85201, 9312, part

of 93191).

In PT: (Also with respect to Most-favoured nation treatment) Concerning the professions of

physiotherapists, paramedical personnel and podiatrists, foreign professionals may be allowed to

practice based on reciprocity.

(b) Veterinary services (CPC 932)

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services –National treatment, Local presence:

In BG: A veterinary medical establishment may be established by a natural or a legal person.

The practice of veterinary medicine is only allowed for nationals of the EEA and for permanent

residents (physical presence is required for permanent residents).

EU/UK/TCA/Annex 19-24/en 245

–
With respect to Cross-border trade in services Market access, National treatment:

In BE, LV: Cross-border supply of veterinary services.

(c) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by

pharmacists (CPC 63211)

With respect to Investment liberalisation – Market access and Cross-border trade in services – Local

presence:

The EU, with the exception of EL, IE, LU, LT and NL: For restricting the number of suppliers

entitled to provide a particular service in a specific local zone or area on a non-discriminatory basis.

An economic needs test may therefore be applied, taking into account such factors as the number of

and impact on existing establishments, transport infrastructure, population density or geographic

spread.

The EU, with the exception of BE, BG, EE, ES, IE and IT: Mail order is only possible from

Member States of the EEA, thus establishment in any of those countries is required for the retail of

pharmaceuticals and specific medical goods to the general public in the Union.

In CZ: Retail sales are only possible from Member States.

In BE: The retail sales of pharmaceuticals and specific medical goods are only possible from a

pharmacy established in Belgium.

In BG, EE, ES, IT and LT: Cross-border retail sales of pharmaceuticals.

EU/UK/TCA/Annex 19-24/en 246

In IE and LT: Cross-border retail of pharmaceuticals requiring a prescription.

In PL: Intermediaries in the trade of medicinal products must be registered and have a place of

residence or registered office in the territory of the Republic of Poland.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment:

In FI: Retail sales of pharmaceutical products and of medical and orthopaedic goods.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment:

In SE: Retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general

public.

Existing measures:

AT: Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a; and

Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.

BE: Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens; and Arrêté royal du

10 novembre 1967 relatif à l'exercice des professions des soins de santé.

EU/UK/TCA/Annex 19-24/en 247

CZ: Act No. 378/2007 Coll., on Pharmaceuticals, as amended; and Act No. 372/2011 Coll., on

Health services, as amended.

FI: Lääkelaki (Medicine Act) (395/1987).

PL: Pharmaceutical Law, art. 73a (Journal of Laws of 2020, item 944, 1493).

SE: Law on trade with pharmaceuticals (2009:336);

Regulation on trade with pharmaceuticals (2009:659); and

The Swedish Medical Products Agency has adopted further regulations, the details can be found at

(LVFS 2009:9).

EU/UK/TCA/Annex 19-24/en 248

Reservation No. 4 - Business Services - Research and development services

Sector: Research and development services

Industry classification: CPC 851, 852, 853

Type of reservation: Market access

National treatment

Chapter: Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In RO: Cross-border supply of research and development services.

Existing measures:

RO: Governmental Ordinance no. 6 / 2011;

Order of Minister of Education and Research no. 3548 / 2006; and Governmental Decision

no. 134 / 2011.

EU/UK/TCA/Annex 19-24/en 249

Reservation No. 5 - Business Services - Real estate services

Sector: Real estate services

Industry classification: CPC 821, 822

Type of reservation: Market access

National treatment

Chapter: Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In CZ and HU: Cross-border supply of real estate services.

EU/UK/TCA/Annex 19-24/en 250

Reservation No. 6 - Business services - Rental or leasing services

Sector: Rental or leasing services without operators

Industry classification: CPC 832

Type of reservation: Market access

National treatment

Chapter: Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In BE and FR: Cross-border supply of leasing or rental services without operator concerning

personal and household goods.

EU/UK/TCA/Annex 19-24/en 251

Reservation No. 7 - Business Services - Collection agency services and Credit reporting services

Sector: Collection agency services, credit reporting services

Industry classification: CPC 87901, 87902

Type of reservation: Market access

National treatment

Local presence

Chapter: Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

The EU, with the exception of ES, LV and SE, with regard to the supply of collection agency

services and credit reporting services.

EU/UK/TCA/Annex 19-24/en 252

Reservation No. 8 - Business Services - Placement services

Sector – sub-sector: Business Services – placement services

Industry classification: CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209

Type of reservation: Market access

National treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment,

Local presence:

EU/UK/TCA/Annex 19-24/en 253

In the EU, with the exception of HU and SE: Supply services of domestic help personnel, other

commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).

In BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Executive search services

(CPC 87201).

In AT, BG, CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK: The establishment of placement

services of office support personnel and other workers (CPC 87202).

In AT, BG, CY, CZ, DE, EE, FI, MT, LT, LV, PL, PT, RO, SI and SK: Supply services of office

support personnel (CPC 87203).

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

In the EU with the exception of BE, HU and SE: The cross-border supply of placement services of

office support personnel and other workers (CPC 87202).

In IE: The cross-border supply of executive search services (CPC 87201).

In FR, IE, IT and NL: The cross-border supply of services of office personnel (CPC 87203).

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access

EU/UK/TCA/Annex 19-24/en 254

In DE : To restrict the number of suppliers of placement services.

In ES: To restrict the number of suppliers of executive search services and placement services

(CPC 87201, 87202).

In FR: These services can be subject to a state monopoly (CPC 87202).

In IT: To restrict the number of suppliers of supply services of office personnel (CPC 87203).

–
With respect to Investment liberalisation Market access, National treatment:

In DE: The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the

placement and recruitment of non-European Union and non-EEA personnel for specified

professions (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209).

Existing measures:

AT: §§97 and 135 of the Austrian Trade Act (Gewerbeordnung), Federal Law Gazette Nr. 194/1994

as amended; and

Temporary Employment Act (Arbeitskräfteüberlassungsgesetz/AÜG), Federal Law Gazette Nr.

196/1988 as amended.

BG: Employment Promotion Act, articles 26, 27, 27a and 28.

CY: Private Employment Agency Law N. 126(I)/2012 as amended.

EU/UK/TCA/Annex 19-24/en 255

CZ: Act on Employment (435/2004).

DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG);

Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) - Employment Promotion;

Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on

the Employment of Foreigners).

–
DK: §§ 8a 8f in law decree no. 73 of 17th of January 2014 and specified in decree no. 228 of 7th

of March 2013 (employment of seafarers); and Employment Permits Act 2006. S1(2) and (3).

EL: Law 4052/2012 (Official Government Gazette 41 Α) as amended to some of its provision by

the law Ν.4093/2012 (Official Government Gazette 222 Α).

ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el crecimiento,

la competitividad y la eficiencia, artículo 117 (tramitado como Ley 18/2014, de 15 de octubre).

FI: Laki julkisesta työvoima-ja yrityspalvelusta (Act on Public Employment and Enterprise Service)

(916/2012).

HR: Labour Market Act (OG 118/18, 32/20)

Labour Act (OG 93/14, 127/17, 98/19)

Aliens Act (OG 130/11m 74/13, 67/17, 46/18, 53/20)

IE: Employment Permits Act 2006. S1(2) and (3).

EU/UK/TCA/Annex 19-24/en 256

IT: Legislative Decree 276/2003 articles 4, 5.

LT: Lithuanian Labour Code of the Republic of Lithuania approved by Law No XII-2603 of 14

September 2016 of the Republic of Lithuania,

The Law on the Legal Status of Aliens of the Republic of Lithuania of 29 April 2004 No. IX-2206

as last amended 03-12-2019 No. XIII-2582.

LU: Loi du 18 janvier 2012 portant création de l'Agence pour le développement de l'emploi (Law of

–
18 January 2012 concerning the creation of an agency for employment development ADEM).

MT: Employment and Training Services Act, (Cap 343) (Articles 23 to 25); and Employment

Agencies Regulations (S.L. 343.24).

PL: Article 18 of the Act of 20 April 2004 on the promotion of employment and labour market

institutions (Dz. U. of 2015, Item. 149, as amended).

PT: Decree-Law No 260/2009 of 25 September, as amended by Law No. 5/2014 of 12 February

(access and provision of services by placement agencies).

EU/UK/TCA/Annex 19-24/en 257

RO: Law no. 156/2000 on the protection of Romanian citizens working abroad, republished, and

Government Decision no. 384/2001 for approving the methodological norms for applying the Law

no. 156/2000, with subsequent amendments;

Ordinance of the Government no. 277/2002, as modified by Government Ordinance No. 790/2004

and Government Ordinance No. 1122/2010; and

Law no.53/2003 - Labour Code, republished, with subsequent amendments and supplement and the

Government Decision no 1256/2011 on the operating conditions and authorization procedure for

temporary work agency.

SI: Labour market regulation act (Official Gazette of RS, No. 80/2010, 21/2013, 63/2013, 55/2017);

–
and Employment, Self-employment and Work of Aliens Act ZZSDT (Official Gazette of RS, No.

47/2015), ZZSDT-UPB2 (Official Gazette of RS, No. 1 /2018).

SK: Act No 5/2004 on Employment Services; and Act No 455/1991on Trade Licensing.

EU/UK/TCA/Annex 19-24/en 258

Reservation No. 9 - Business Services - Security and investigation services

Sector– sub-sector: Business services – security and investigation services

Industry classification: CPC 87301, 87302, 87303, 87304, 87305, 87309

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a) Security services (CPC 87302, 87303, 87304, 87305, 87309)

EU/UK/TCA/Annex 19-24/en 259

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment:

In BG, CY, CZ, EE, ES, LT, LV, MT, PL, RO, SI and SK: The supply of security services.

In DK, HR and HU: The supply of the following subsectors: guard services (87305) in HR and HU,

security consultation services (87302) in HR, airport guard services (part of 87305) in DK and

armoured car services (87304) in HU.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services –National treatment, Local presence:

In BE: Nationality of a Member State is required for boards of directors of enterprises legal persons

supplying guard and security services (87305) as well as consultancy and training relating to

security services (87302). The senior management of companies providing guard and security

consultancy services required to be resident nationals of a Member State.

In FI: Licences to supply security services may be granted only to natural persons resident in the

EEA or legal persons established in the EEA.

In ES: The cross border supply of security services. Nationality requirements exist for private

security personnel.

EU/UK/TCA/Annex 19-24/en 260

–
With respect to Cross-border trade in services Market access, National treatment:

In BE, FI, FR and PT: The supply of security services by a foreign provider on a cross-border basis

is not allowed. Nationality requirements exist for specialised personnel in PT and for managing

directors and directors in FR.

Existing measures:

BE: Loi réglementant la sécurité privée et particulière, 2 Octobre 2017.

BG: Private Security Business Act.

CZ: Trade Licensing Act.

DK: Regulation on aviation security.

FI: Laki yksityisistä turvallisuuspalveluista 282/2002 (Private Security Services Act).

LT: Law on security of Persons and Assets 8 July 2004 No. IX-2327.

LV: Security Guard Activities Law (Sections 6, 7, 14).

PL: Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2016,

item 1432 as amended).

EU/UK/TCA/Annex 19-24/en 261

PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria

106/2015, 13 abril.

SI: Zakon o zasebnem varovanju (Law on private security).

(b) Investigation services (CPC 87301)

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment, Local presence:

The EU, with the exception of AT and SE: The supply of investigation services.

–
With respect to Investment liberalisation - Market access and Cross-border trade in services

Market access:

In LT and PT: Investigation services are a monopoly reserved to the State.

EU/UK/TCA/Annex 19-24/en 262

Reservation No. 10 - Business Services - Other business services

Sector– sub-sector: Business services – other business services (translation and

interpretation services, duplicating services, services incidental to

energy distribution and services incidental to manufacturing)

Industry classification: CPC 87905, 87904, 884, 887

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

EU/UK/TCA/Annex 19-24/en 263

(a) Translation and interpretation services (CPC 87905)

–
With respect to Cross-border trade in services Market access, National treatment:

In HR: Cross-border supply of translation and interpretation of official documents.

(b) Duplicating services (CPC 87904)

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

In HU: Cross-border supply of duplicating services.

(c) Services incidental to energy distribution and services incidental to manufacturing (Part of

CPC 884, 887 other than advisory and consulting services)

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment,

Local presence:

In HU: Services incidental to energy distribution, and cross-border supply of services incidental to

manufacturing, with the exception of advisory and consulting services relating to these sectors.

(d) Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (part

of CPC 86764, CPC 86769, CPC 8868)

EU/UK/TCA/Annex 19-24/en 264

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

In EU, with the exception of DE, EE and HU: The cross-border supply of maintenance and repair

services of rail transport equipment.

In EU, with the exception of CZ, EE, HU, LU and SK: Cross-border supply of maintenance and

repair services of inland waterway transport vessels.

In EU, with the exception of EE, HU and LV: The cross-border supply of maintenance and repair

services of maritime vessels.

In EU, with the exception of AT, EE, HU, LV, and PL: The cross-border supply of maintenance

and repair services of aircraft and parts thereof (part of CPC 86764, CPC 86769, CPC 8868).

In EU: The cross-border supply of services of statutory surveys and certification of ships.

Existing measures:

EU: Regulation (EC) No 391/2009 of the European Parliament and the Council **[1]** .

(e) Other business services related to aviation

With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade

in services – Most-favoured-nation treatment:

**1** Regulation (EC) No 391/2009 of the European Parliament and the Council of 23 April 2009
on common rules and standards for ship inspection and survey organisations (OJ EU L 131
28.5.2009, p. 11).

EU/UK/TCA/Annex 19-24/en 265

The EU: According differential treatment to a third country pursuant to existing or future bilateral

agreements relating to the following services:

(a) the selling and marketing of air transport services;

(b) computer reservation system (CRS) services;

(c) maintenance and repair of aircrafts and parts,

(d) rental or leasing of aircraft without crew.

With respect to Investment liberalisation - Market access, National treatment, Performance

–
requirements, Senior management and boards of director, and Cross-border trade in services

Market access, National treatment, Local presence:

In DE, FR: Aerial fire-fighting, flight training, spraying, surveying, mapping, photography, and

other airborne agricultural, industrial and inspection services.

In FI, SE: Aerial fire-fighting.

EU/UK/TCA/Annex 19-24/en 266

Reservation No. 11 - Telecommunication

Sector: Satellite broadcast transmission services

Industry classification :

Type of reservation: Market access

National treatment

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In BE: Satellite broadcast transmission services.

EU/UK/TCA/Annex 19-24/en 267

Reservation No. 12 - Construction

Sector: Construction services

Industry classification: CPC 51

Type of reservation: Market access

National treatment

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In LT: The right to prepare design documentation for construction works of exceptional

significance is only given to a design enterprise registered in Lithuania or a foreign design

enterprise which has been approved by an institution authorised by the Government for those

activities. The right to perform technical activities in the main areas of construction may be granted

to a non-Lithuanian person who has been approved by an institution authorised by the Government

of Lithuania.

EU/UK/TCA/Annex 19-24/en 268

Reservation No. 13 - Distribution services

Sector: Distribution services

Industry classification: CPC 62117, 62251, 8929, part of 62112, 62226, part of 631

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a) Distribution of pharmaceuticals

–
With respect to Cross-border trade in services Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 269

In BG: Cross-border wholesale distribution of pharmaceuticals (CPC 62251) _._

With respect to Investment liberalisation - Market access, National treatment, Performance

–
requirements, Senior management and boards of director, and Cross-border trade in services

Market access, National treatment:

In FI: Distribution of pharmaceutical products (CPC 62117, 62251, 8929).

Existing measures:

BG: Law on Medicinal Products in Human Medicine; Law on Medical Devices.

FI: Lääkelaki (Medicine Act) (395/1987).

(b) Distribution of alcoholic beverages

In FI: Distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929).

Existing measures:

FI: Alkoholilaki (Alcohol Act) (1102/2017).

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

EU/UK/TCA/Annex 19-24/en 270

In SE: Imposing a monopoly on retail sales of liquor, wine and beer (except non-alcoholic beer).

Currently Systembolaget AB has such governmental monopoly on retail sales of liquor, wine and

beer (except non-alcoholic beer). Alcoholic beverages are beverages with an alcohol content over

2.25 per cent per volume. For beer, the limit is an alcohol content over 3.5 per cent per volume (part

of CPC 631).

Existing measures:

SE: The Alcohol Act (2010:1622).

(c) Other distribution (part of CPC 621, CPC 62228, CPC 62251, CPC 62271, part of CPC

62272, CPC 62276, CPC 63108, part of CPC 6329)

–
With respect to Cross-border trade in services Market access, National treatment:

In BG: Wholesale distribution of chemical products, precious metals and stones, medical substances

and products and objects for medical use; tobacco and tobacco products and alcoholic beverages.

Bulgaria reserves the right to adopt or maintain any measure with respect to the services provided

by commodity brokers.

EU/UK/TCA/Annex 19-24/en 271

Existing measures:

In BG: Law on Medicinal Products in Human Medicine;

Law on Medical Devices;

Law of Veterinary Activity;

Law for Prohibition of Chemical Weapons and for Control over Toxic Chemical Substances and

Their Precursors;

Law for Tobacco and Tobacco Products. Law on excise duties and tax warehouses and Law on

wine and spirits.

EU/UK/TCA/Annex 19-24/en 272

Reservation No. 14 - Education services

Sector: Education services

Industry classification: CPC 92

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

With respect to Investment liberalisation - Market access, National treatment, Performance

–
requirements, Senior management and boards of director, and Cross-border trade in services

Market access, National treatment, Local presence:

EU/UK/TCA/Annex 19-24/en 273

The EU: Educational services which receive public funding or State support in any form. Where the

supply of privately funded education services by a foreign provider is permitted, participation of

private operators in the education system may be subject to concession allocated on a non

discriminatory basis.

The EU, with the exception of CZ, NL, SE and SK: With respect to the supply of privately funded

other education services, which means other than those classified as being primary, secondary,

higher and adult education services (CPC 929).

In CY, FI, MT and RO: The supply of privately funded primary, secondary, and adult education

services (CPC 921, 922, 924).

In AT, BG, CY, FI, MT and RO: The supply of privately funded higher education services

(CPC 923).

In CZ and SK: The majority of the members of the board of directors of an establishment providing

privately funded education services must be nationals of that country (CPC 921, 922, 923 for SK

other than 92310, 924).

In SI: Privately funded elementary schools may be founded by Slovenian natural or legal persons

only. The service supplier must establish a registered office or a branch. The majority of the

members of the board of directors of an establishment providing privately funded secondary or

higher education services must be Slovenian nationals (CPC 922, 923).

EU/UK/TCA/Annex 19-24/en 274

In SE: Educational services suppliers that are approved by public authorities to provide education.

This reservation applies to privately funded educational services suppliers with some form of State

support, inter alia educational service suppliers recognised by the State, educational services

suppliers under State supervision or education which entitles to study support (CPC 92).

In SK: EEA residency is required for suppliers of all privately funded education services other than

post-secondary technical and vocational education services. An economic needs test may apply and

the number of schools being established may be limited by local authorities (CPC 921, 922, 923

other than 92310, 924).

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

In BG, IT and SI: To restrict the cross-border supply of privately funded primary education services

(CPC 921).

In BG and IT: To restrict the cross-border supply of privately funded secondary education services

(CPC 922).

In AT: To restrict the cross-border supply of privately funded adult education services by means of

radio or television broadcasting (CPC 924).

Existing measures:

EU/UK/TCA/Annex 19-24/en 275

BG: Public Education Act, article 12;

Law for the Higher Education, paragraph 4 of the additional provisions; and Vocational Education

and Training Act, article 22.

FI: Perusopetuslaki (Basic Education Act) (628/1998);

Lukiolaki (General Upper Secondary Schools Act) (629/1998);

Laki ammatillisesta koulutuksesta (Vocational Training and Education Act) (630/1998);

Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act) (631/1998);

Ammattikorkeakoululaki (Polytechnics Act) (351/2003); and Yliopistolaki (Universities Act)

(558/2009).

IT: Royal Decree 1592/1933 (Law on secondary education);

Law 243/1991 (Occasional public contribution for private universities);

Resolution 20/2003 of CNVSU (Comitato nazionale per la valutazione del sistema universitario);

and

Decree of the President of the Republic (DPR) 25/1998.

SK: Act 245/2008 on education;

Act 131/2002 on Universities; and

Act 596/2003 on State Administration in Education and School Self- Administration.

EU/UK/TCA/Annex 19-24/en 276

Reservation No. 15 - Environmental services

Sector– sub-sector: Environmental services – waste and soil management

Industry classification: CPC 9401, 9402, 9403, 94060

Type of reservation: Market access

Chapter: Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In DE: The supply of waste management services other than advisory services, and with respect to

services relating to the protection of soil and the management of contaminated soils, other than

advisory services.

EU/UK/TCA/Annex 19-24/en 277

Reservation No. 16 - Financial services

Sector: Financial services

Industry classification: Not applicable

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a) All Financial Services

With respect to Investment liberalisation – Market access

EU/UK/TCA/Annex 19-24/en 278

The EU: the right to require a financial service supplier, other than a branch, when establishing in a

Member State to adopt a specific legal form, on a non-discriminatory basis.

–
With respect to Cross-border trade in services Market access, National treatment, Local presence

The EU: the right to adopt or maintain any measure with respect to the cross-border supply of all

financial services other than:

In EU (except for BE, CY, EE, LT, LV, MT, PL, RO, SI):

(i) direct insurance services (including co-insurance) and direct insurance intermediation

for the insurance of risks relating to:

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

EU/UK/TCA/Annex 19-24/en 279

(iv) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services; and

(v) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In BE:

(i) direct insurance services (including co-insurance) and direct insurance intermediation

for the insurance of risks relating to:

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

EU/UK/TCA/Annex 19-24/en 280

(iv) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services;

In CY:

(i) direct insurance services (including co-insurance) for the insurance of risks relating to:

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

(ii) Insurance intermediation;

(iii) Reinsurance and retrocession;

(iv) Services auxiliary to insurance;

(v) the trading for own account or for the account of customers, whether on an exchange or

an over-the-counter market or otherwise of transferrable securities;

EU/UK/TCA/Annex 19-24/en 281

(vi) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services; and

(vii) advisory and other auxiliary financial services, relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In EE:

(i) direct insurance (including co-insurance);

(ii) reinsurance and retrocession;

(iii) insurance intermediation;

(iv) services auxiliary to insurance;

(v) acceptance of deposits;

(vi) lending of all types;

(vii) financial leasing;

(viii) all payment and money transmission services; guarantees and commitments;

EU/UK/TCA/Annex 19-24/en 282

(ix) trading for own account or for account of customers, whether on an exchange, in an

over-the-counter market;

(x) participation in issues of all kinds of securities, including underwriting and placement as

agent (whether publicly or privately) and provision of services related to such issues;

(xi) money broking;

(xii) asset management, such as cash or portfolio management, all forms of collective

investment management, custodial, depository and trust services;

(xiii) settlement and clearing services for financial assets, including securities, derivative

products, and other negotiable instruments;

(xiv) provision and transfer of financial information, and financial data processing and related

software; and

(xv) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In LT:

(i) direct insurance services (including co-insurance) for the insurance of risks relating to:

EU/UK/TCA/Annex 19-24/en 283

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

(iv) acceptance of deposits;

(v) lending of all types;

(vi) financial leasing;

(vii) all payment and money transmission services; guarantees and commitments;

(viii) trading for own account or for account of customers, whether on an exchange, in an

over-the-counter market;

(ix) participation in issues of all kinds of securities, including underwriting and placement as

agent (whether publicly or privately) and provision of services related to such issues;

EU/UK/TCA/Annex 19-24/en 284

(x) money broking;

(xi) asset management, such as cash or portfolio management, all forms of collective

investment management, custodial, depository and trust services;

(xii) settlement and clearing services for financial assets, including securities, derivative

products, and other negotiable instruments;

(xiii) provision and transfer of financial information, and financial data processing and related

software; and

(xiv) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In LV:

(i) direct insurance services (including co-insurance) for the insurance of risks relating to:

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

EU/UK/TCA/Annex 19-24/en 285

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

(iv) participation in issues of all kinds of securities, including underwriting and placement as

agent (whether publicly or privately) and provision of services related to such issues;

(v) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services; and

(vi) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In MT:

(i) direct insurance services (including co-insurance) for the insurance of risks relating to:

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

EU/UK/TCA/Annex 19-24/en 286

b. goods in international transit;

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

(iv) the acceptance of deposits;

(v) lending of all types;

(vi) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services; and

(vii) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In PL:

(i) direct insurance services (including co-insurance) for the insurance of risks relating to

goods in international trade;

(ii) reinsurance and retrocession of risks relating to goods in international trade;

EU/UK/TCA/Annex 19-24/en 287

(iii) direct insurance services (including co-insurance and retrocession) and direct insurance

intermediation for the insurance of risks relating to:

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

(iv) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services; and

(v) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In RO:

(i) direct insurance services (including co-insurance) and direct insurance intermediation for the

insurance of risks relating to:

EU/UK/TCA/Annex 19-24/en 288

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

(iv) acceptance of deposits;

(v) lending of all types;

(vi) guarantees and commitments;

(vii) money broking;

(viii) the provision and transfer of financial information, and financial data processing and

related software; and

EU/UK/TCA/Annex 19-24/en 289

(ix) advisory and other auxiliary financial services relating to banking and other financial

services as described in in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

In SI:

(i) direct insurance services (including co-insurance) and direct insurance intermediation

for the insurance of risks relating to:

a. maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

b. goods in international transit;

(ii) reinsurance and retrocession;

(iii) services auxiliary to insurance;

(iv) lending of all types;

(v) the acceptance of guarantees and commitments from foreign credit institutions by

domestic legal entities and sole proprietors;

EU/UK/TCA/Annex 19-24/en 290

(vi) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services; and

(ix) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point.

(b) Insurance and insurance-related services

–
With respect to Cross-border trade in services Market access, National treatment:

In BG: Transport insurance, covering goods, insurance of vehicles as such and liability insurance

regarding risks located in the Bulgaria may not be underwritten by foreign insurance companies

directly.

In DE: If a foreign insurance company has established a branch in Germany, it may conclude

insurance contracts in Germany relating to international transport only through the branch

established in Germany.

Existing measures:

DE: Luftverkehrsgesetz (LuftVG); and

Luftverkehrszulassungsordnung (LuftVZO).

EU/UK/TCA/Annex 19-24/en 291

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In ES: Residence is required, or alternatively to have two years of experience, for the actuarial

profession.

–
With respect to Cross-border trade in services Local presence:

In FI: The supply of insurance broker services is subject to a permanent place of business in the EU.

Only insurers having their head office in the European Union or having their branch in Finland may

offer direct insurance services, including co-insurance.

Existing measures:

FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995);

Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);

Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018).

In FR: Insurance of risks relating to ground transport may be underwritten only by insurance firms

established in the European Union.

Existing measures:

EU/UK/TCA/Annex 19-24/en 292

FR: Code des assurances.

In HU: Only legal persons of the EU and branches registered in Hungary may supply direct

insurance services.

Existing measures:

HU: Act LX of 2003.

In IT: Transport insurance of goods, insurance of vehicles and liability insurance regarding risks

located in Italy may be underwritten only by insurance companies established in the European

Union, except for international transport involving imports into Italy.

Cross-border supply of actuarial services.

Existing measures:

IT: Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005),

Law 194/1942 on the actuarial profession.

In PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability can be

underwritten only by enterprises legal persons of the European Union. Only natural persons of, or

enterprises established in, the European Union may act as intermediaries for such insurance

business in Portugal.

EU/UK/TCA/Annex 19-24/en 293

Existing measure:

PT: Article 3 of Law 147/2015, Article 8 of Law 7/2019.

–
With respect to Investment liberalisation Market access, National treatment

In SK: Foreign nationals may establish an insurance company in the form of a joint stock company

or may conduct insurance business through their branches having a registered office in the Slovak

Republic. The authorisation in both cases is subject to the evaluation of the supervisory authority.

Existing measures:

SK: Act 39/2015 on Insurance.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access

In FI: At least one half of the members of the board of directors and the supervisory board, and the

managing director of an insurance company providing statutory pension insurance shall have their

place of residence in the EEA, unless the competent authorities have granted an exemption. Foreign

insurers cannot obtain a licence in Finland as a branch to carry out statutory pension insurance. At

least one auditor shall have his permanent residence in the EEA.

EU/UK/TCA/Annex 19-24/en 294

For other insurance companies, residency in the EEA is required for at least one member of the

board of directors, the supervisory board and the managing director. At least one auditor shall have

his permanent residence in the EEA. The general agent of an insurance company of the United

Kingdom must have his place of residence in Finland, unless the company has its head office in the

European Union.

Existing measures:

FI: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995);

Vakuutusyhtiölaki (Insurance Companies Act) (521/2008);

Laki vakuutusedustuksesta (Act on Insurance Mediation) (570/2005);

Laki vakuutusten tarjoamisesta (Act on Insurance Distribution) (234/2018) and

Laki työeläkevakuutusyhtiöistä (Act on Companies providing statutory pension insurance)

(354/1997).

(c) Banking and other Financial Services

With respect to Investment liberalisation – Market access and Cross-border trade in services – Local

presence:

The EU: Only legal persons having their registered office in the Union can act as depositories of the

assets of investment funds. The establishment of a specialised management company, having its

head office and registered office in the same Member State, is required to perform the activities of

management of common funds, including unit trusts, and where allowed under national law,

investment companies.

EU/UK/TCA/Annex 19-24/en 295

Existing measures:

EU: Directive 2009/65/EC of the European Parliament and of the Council **[1]** ; and

Directive 2011/61/EU of the European Parliament and of the Council **[2]** .

In EE: For acceptance of deposits, requirement of authorisation by the Estonian Financial

Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or

a branch.

Existing measures:

EE: Krediidiasutuste seadus (Credit Institutions Act) § 206 and §21.

In SK: Investment services can only be provided by management companies which have the legal

form of a joint-stock company with equity capital according to the law.

Existing measures:

SK: Act 566/2001 on Securities and Investment Services; and Act 483/2001 on Banks.

–
With respect to Investment liberalisation National treatment, Senior management and board of

directors

**1** Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the
coordination of laws, regulations and administrative provisions relating to undertakings for
collective investment in transferable securities (UCITS) (OJ EU L 302, 17.11.2009, p. 32).
**2** Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on
Alternative Investment Fund Managers and amending Directives 2003/41/EC and
2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ EU L 174,
1.7.2011, p. 1).

EU/UK/TCA/Annex 19-24/en 296

In FI: At least one of the founders, the members of the board of directors, the supervisory board, the

managing director of banking services providers and the person entitled to sign the name of the

credit institution shall have their permanent residence in the EEA. At least one auditor shall have

his permanent residence in the EEA.

Existing measures:

FI: Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (Act on Commercial

Banks and Other Credit Institutions in the Form of a Limited Company) (1501/2001);

Säästöpankkilaki (1502/2001) (Savings Bank Act);

Laki osuuspankeista ja muista osuuskuntamuotoisista luottolaitoksista (1504/2001) (Act on

Cooperative Banks and Other Credit Institutions in the Form of a Cooperative Bank);

Laki hypoteekkiyhdistyksistä (936/1978) (Act on Mortgage Societies);

Maksulaitoslaki (297/2010) (Act on Payment Institutions);

Laki ulkomaisen maksulaitoksen toiminnasta Suomessa (298/2010) (Act on the Operation of

Foreign Payment Institution in Finland); and

Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services - Local presence:

In IT: Services of "consulenti finanziari" (financial consultant). In providing the activity of door-to

door selling, intermediaries must utilise authorised financial salesmen resident within the territory

of a Member State.

EU/UK/TCA/Annex 19-24/en 297

Existing measures:

IT: Articles 91-111 of Consob Regulation on Intermediaries (no. 16190 of 29 October 2007).

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Local presence:

In LT: Only banks having their registered office or branch in Lithuania and authorised to provide

investment services in the EEA may act as the depositories of the assets of pension funds. At least

one head of a bank's administration must speak the Lithuanian language.

Existing measures:

LT: Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085, as amended by the

Law No XIII-729 of 16 November 2017;

Law on Collective Investment Undertakings of the Republic of Lithuania of 4 July 2003 No IX

1709, as amended by the Law No XIII-1872 of 20 December 2018;

Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June

1999 No VIII-1212 (as revised in Law No XII-70 of 20 December 2012);

Law on Payments of the Republic of Lithuania of 5 June 2003 No. IX-1596, last amendment 17 of

October 2019 Nr. XIII-2488

Law on Payment Institutions of the Republic of Lithuania of 10 December 2009 No. XI-549 (new

version of the Law: No XIII-1093 of 17 April 2018)

With respect to Cross-border trade in services – Market access:

In FI: For payment services, residency or domicile in Finland may be required.

EU/UK/TCA/Annex 19-24/en 298

Reservation No. 17 - Health and social services

Sector: Health and social services

Industry classification: CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193,

93199

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

EU/UK/TCA/Annex 19-24/en 299

(a) Health services – hospital, ambulance, residential health services (CPC 93, 931, other than

9312, part of 93191, 9311, 93192, 93193, 93199)

With respect to Investment liberalisation - Market access, National treatment, Performance

requirements, Senior management and boards of directors:

The EU: For the supply of all health services which receive public funding or State support in any

form.

The EU: For all privately funded health services, other than privately funded hospital, ambulance,

and residential health facilities services other than hospital services. The participation of private

operators in the privately funded health network may be subject to concession on a non

discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on

existing establishments, transport infrastructure, population density, geographic spread, and creation

of new employment.

This reservation does not relate to the supply of all health-related professional services, including

the services supplied by professionals such as medical doctors, dentists, midwives, nurses,

physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931

other than 9312, part of 93191).

In AT, PL and SI: The supply of privately funded ambulance services (CPC 93192).

EU/UK/TCA/Annex 19-24/en 300

In BE: the establishment of privately funded ambulance and residential health facilities services

other than hospital services (CPC 93192, 93193).

In BG, CY, CZ, FI, MT and SK: The supply of privately-funded hospital, ambulance, and

residential health services other than hospital services (CPC 9311, 93192, 93193).

In FI: Supply of other human health services (CPC 93199).

Existing measures:

CZ: Act No. 372/2011 Sb. on Health Care Services and Conditions of Their Provision.

FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment, Senior management and boards of directors, Performance requirements:

In DE: The supply of the Social Security System of Germany, where services may be provided by

different companies or entities involving competitive elements which are thus not "Services carried

out exclusively in the exercise of governmental authority". To accord better treatment in the context

of a bilateral trade agreement with regard to the supply of health and social services (CPC 93).

–
With respect to Investment liberalisation Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 301

In DE: The ownership of hospitals run by the German Forces.

To nationalise other key privately funded hospitals (CPC 93110).

In FR: To the supply of privately funded laboratory analysis and testing services.

–
With respect to Cross-border trade in services Market access, National treatment:

In FR: The supply of privately funded laboratory analysis and testing services (part of CPC 9311).

Existing measures:

FR: Code de la Santé Publique

(b) Health and social services, including pension insurance

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

The EU, with the exception of HU: The cross-border supply of health services, social services and

activities or services forming part of a public retirement plan or statutory system of social security.

This reservation does not relate to the supply of all health-related professional services, including

the services provided by professionals such as medical doctors, dentists, midwives, nurses,

physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931

other than 9312, part of 93191).

EU/UK/TCA/Annex 19-24/en 302

In HU: The cross-border supply of all hospital, ambulance, and residential health services other

than hospital services, which receive public funding (CPC 9311, 93192, 93193).

(c) Social services, including pension insurance

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements:

The EU: The supply of all social services which receive public funding or State support in any form

and activities or services forming part of a public retirement plan or statutory system of social

security. The participation of private operators in the privately funded social network may be

subject to concession on a non-discriminatory basis. An economic needs test may apply. Main

criteria: number of and impact on existing establishments, transport infrastructure, population

density, geographic spread, and creation of new employment.

In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social services

other than services relating to convalescent and rest houses and old people's homes.

In CZ, FI, HU, MT, PL, RO, SK, and SI: The supply of privately funded social services.

In DE: The Social Security System of Germany, where services are provided by different

companies or entities involving competitive elements and might therefore not fall under the

definition of the "Services carried out exclusively in the exercise of governmental authority".

EU/UK/TCA/Annex 19-24/en 303

Existing measures:

FI: Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011).

IE: Health Act 2004 (S. 39); and

–
Health Act 1970 (as amended S.61A).

IT: Law 833/1978 Institution of the public health system;

Legislative Decree 502/1992 Organisation and discipline of the health field; and Law 328/2000

Reform of social services.

EU/UK/TCA/Annex 19-24/en 304

Reservation No. 18 - Tourism and travel related services

Sector: Tourist guides services, health and social services

Industry classification: CPC 7472

Type of reservation: National treatment

Most-favoured-nation treatment

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

With respect to Investment liberalisation –National treatment and Cross-border trade in services –

National treatment:

In FR: To require nationality of a Member State for the supply of tourist guide services.

EU/UK/TCA/Annex 19-24/en 305

With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade

in services – Most-favoured-nation treatment:

In LT: In so far as the United Kingdom allows nationals of Lithuania to provide tourist guide

services, Lithuania will allow nationals of the United Kingdom to provide tourist guide services

under the same conditions.

EU/UK/TCA/Annex 19-24/en 306

Reservation No. 19 - Recreational, cultural and sporting services

Sector: Recreational, cultural and sporting services

Industry classification: CPC 962, 963, 9619, 964

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a) Libraries, archives, museums and other cultural services (CPC963)

EU/UK/TCA/Annex 19-24/en 307

With respect to Investment liberalisation - Market access, National treatment, Performance

–
requirements, Senior management and boards of director, and Cross-border trade in services

Market access, National treatment, Local presence:

The EU, with the exception of AT and, for investment liberalisation, in LT: The supply of library,

archive, museum and other cultural services.

In AT and LT: A licence or concession may be required for establishment.

(b) Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other

than 96492)

–
With respect to Cross-border trade in services Market access, National treatment:

The EU, with the exception of AT and SE: The cross-border supply of entertainment services,

including theatre, live bands, circus and discotheque services.

With respect to Investment liberalisation - Market access, National treatment, Performance

–
requirements, Senior management and boards of director, and Cross-border trade in services

Market access, National treatment, Local presence:

In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services,

including theatre, live bands, circus and discotheque services.

EU/UK/TCA/Annex 19-24/en 308

In BG: The supply of the following entertainment services: circus, amusement park and similar

attraction services, ballroom, discotheque and dance instructor services, and other entertainment

services.

In EE: The supply of other entertainment services except for cinema theatre services.

In LT and LV: The supply of all entertainment services other than cinema theatre operation

services.

In CY, CZ, LV, PL, RO and SK: The cross-border supply of sporting and other recreational

services.

(c) News and press agencies (CPC 962)

–
With respect to Investment liberalisation Market access, National treatment:

In FR: Foreign participation in existing companies publishing publications in the French language

may not exceed 20 per cent of the capital or of voting rights in the company. The establishment of

press agencies of the United Kingdom is subject to conditions set out in domestic regulation. The

establishment of press agencies by foreign investors is subject to reciprocity.

Existing measures:

FR: Ordonnance n° 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de

presse; and Loi n° 86-897 du 1 août 1986 portant réforme du régime juridique de la presse.

EU/UK/TCA/Annex 19-24/en 309

With respect to Cross-border trade in services – Market access:

In HU: For supply of news and press agencies services.

(d) Gambling and betting services (CPC 96492)

With respect to Investment liberalisation - Market access, National treatment, Performance

–
requirements, Senior management and boards of director, and Cross-border trade in services

Market access, National treatment, Local presence:

The EU: The supply of gambling activities, which involve wagering a stake with pecuniary value in

games of chance, including in particular lotteries, scratch cards, gambling services offered in

casinos, gambling arcades or licensed premises, betting services, bingo services and gambling

services operated by and for the benefit of charities or non-profit-making organisations.

EU/UK/TCA/Annex 19-24/en 310

Reservation No. 20 - Transport services and auxiliary transport services

Sector: Transport services

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

–
(a) Maritime transport any other commercial activity undertaken from a ship

EU/UK/TCA/Annex 19-24/en 311

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment:

The EU: The nationality of the crew on a seagoing or non-seagoing vessel.

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment, Senior management and boards of directors:

The EU, except LV and MT: Only EU natural or legal persons may register a vessel and operate a

fleet under the national flag of the state of establishment (applies to all commercial marine activity

undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing;

international passenger and freight transportation (CPC 721); and services auxiliary to maritime

transport).

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In MT: Exclusive rights exist for the maritime link to mainland Europe through Italy with Malta

(CPC 7213, 7214, part of 742, 745, part of 749).

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

In SK: Foreign investors must have their principal office in the Slovak Republic in order to apply

for a licence enabling them to provide a service (CPC 722).

EU/UK/TCA/Annex 19-24/en 312

(b) Auxiliary services to maritime transport

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment,

Local presence:

The EU: The supply of pilotage and berthing services. For greater certainty, regardless of the

criteria which may apply to the registration of ships in a Member State of the European Union, the

European Union reserves the right to require that only ships registered on the national registers of

Member States of the European Union may provide pilotage and berthing services (CPC 7452).

The EU, with the exception of LT and LV: Only vessels carrying the flag of a Member State of the

European Union may provide pushing and towing services (CPC 7214).

With respect to Investment liberalisation – Market access and Cross-border trade in services –

National treatment, Local presence:

In LT: Only juridical persons of Lithuania or juridical persons of a Member State of the

European Union with branches in Lithuania that have a Certificate issued by the Lithuanian

Maritime Safety Administration may provide pilotage and berthing, pushing and towing services

(CPC 7214, 7452).

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access, National treatment, Local presence:

EU/UK/TCA/Annex 19-24/en 313

In BE: Cargo handling services can only be operated by accredited workers, eligible to work in port

areas designated by royal decree (CPC 741).

Existing measures:

BE: Loi du 8 juin 1972 organisant le travail portuaire;

Arrêté royal du 12 janvier 1973 instituant une Commission paritaire des ports et fixant sa

dénomination et sa compétence;

Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers);

Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand);

Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge);

Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende); and

Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les zones

portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le travail

portuaire, tel que modifié.

(c) Auxiliary services to inland waterways transport

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment, Senior management and boards of directors, Performance requirements and Cross-border

trade in services – Market access, National treatment, Local presence, Most favoured-nation

treatment:

The EU: Services auxiliary to inland waterways transportation.

EU/UK/TCA/Annex 19-24/en 314

(d) Rail transport and auxiliary services to rail transport

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment, Local presence:

In EU: Railway passenger transportation (CPC 7111).

– –
With respect to Investment liberalisation Market access, and Cross-border trade in services

Market access, Local Presence:

In EU: Railway freight transportation (CPC 7112).

In LT: Maintenance and repair services of rail transport equipment are subject to a state monopoly

(CPC 86764, 86769, part of 8868).

In SE (with respect only to Market access): Maintenance and repair services of rail transport

equipment are subject to an economic needs test when an investor intends to establish its own

terminal infrastructure facilities. Main criteria: space and capacity constraints (CPC 86764, 86769,

part of 8868).

Existing measures:

EU: Directive 2012/34/EU of the European Parliament and of the Council **[1]** .

SE: Planning and Building Act (2010:900).

**1** Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012
establishing a single European railway area (OJ EU L 343 14.12.2012, p. 32).

EU/UK/TCA/Annex 19-24/en 315

(e) Road transport (passenger transportation, freight transportation, international truck transport

services) and services auxiliary to road transport

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

The EU: For road transport services covered by Heading Three of Part Two of this Agreement and

Annex 31 to this Agreement .

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors:

The EU: For road transport services covered by Heading Three of Part Two of this Agreement and

Annex 31 to this Agreement :

To limit the supply of cabotage within a Member State by foreign investors established in another

Member State (CPC 712).

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment,

Local presence:

EU/UK/TCA/Annex 19-24/en 316

The EU: For road transport services not covered by Heading Three of Part Two of this Agreement

and Annex 31 to this Agreement:

(i) to require establishment and to limit the cross-border supply of road transport services

(CPC 712).

(ii) to limit the supply of cabotage within a Member State by foreign investors established

in another Member State (CPC 712).

(iii) an economic needs test may apply to taxi services in the Union setting a limit on the

number of service suppliers. Main criteria: local demand as provided in applicable laws

(CPC 71221).

With respect to Investment liberalisation – Market access:

In BE: A maximum number of licences can be fixed by law (CPC 71221).

In IT: An economic needs test is applied to limousine services. Main criteria: number of and impact

on existing establishments, population density, geographical spread, impact on traffic conditions

and creation of new employment.

An economic needs test is applied to intercity bussing services. Main criteria: number of and impact

on existing establishments, population density, geographical spread, impact on traffic conditions

and creation of new employment.

EU/UK/TCA/Annex 19-24/en 317

An economic needs test is applied to the supply of freight transportation services. Main criteria:

local demand (CPC 712).

In BG, DE: For passenger and freight transportation, exclusive rights or authorisations may only be

granted to natural persons of the Union and to legal persons of the Union having their headquarters

in the Union. (CPC 712).

In MT: For public bus service: The entire network is subject to a concession which includes a

Public Service Obligation agreement to cater for certain social sectors (such as students and the

elderly) (CPC 712).

–
With respect to Investment liberalisation Market access, National treatment,

In FI: Authorisation is required to provide road transport services, which is not extended to foreign

registered vehicles (CPC 712).

–
With respect to Investment liberalisation Market access, National treatment:

In FR: The supply of intercity bussing services (CPC 712).

With respect to Investment liberalisation – Market access:

In ES: For passenger transportation, an economic needs test applies to services provided under CPC

7122. Main criteria: local demand. An economic needs test applies for intercity bussing services.

Main criteria: number of and impact on existing establishments, population density, geographical

spread, impact on traffic conditions and creation of new employment.

EU/UK/TCA/Annex 19-24/en 318

In SE: Maintenance and repair services of road transport equipment are subject to an economic

needs test when a supplier intends to establish its own terminal infrastructure facilities. Main

criteria: space and capacity constraints (CPC 6112, 6122, 86764, 86769, part of 8867).

In SK: For freight transportation, an economic needs test is applied. Main criteria: local demand

(CPC 712).

With respect to Cross-border trade in services – Market access:

In BG: To require establishment for supporting services to road transport (CPC 744).

Existing measures:

EU: Regulation (EC) No 1071/2009 of the European Parliament and of the Council **[1]** ; Regulation

(EC) No 1072/2009 of the European Parliament and of the Council **[2]** ; and Regulation (EC) No

1073/2009 of the European Parliament and of the Council **[3]** .

**1** Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October
2009 establishing common rules concerning the conditions to be complied with to pursue the
occupation of road transport operator and repealing Council Directive 96/26/EC (OJ EU
L 300, 14.11.2009, p. 51).
**2** Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October
2009 on common rules for access to the international road haulage market (OJ EU L 300,
14.11.2009, p. 72).
**3** Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October
2009 on common rules for access to the international market for coach and bus services, and
amending Regulation (EC) No 561/2006 (OJ EU L 300 14.11.2009, p. 88).

EU/UK/TCA/Annex 19-24/en 319

FI: Laki kaupallisista tavarankuljetuksista tiellä (Act on Commercial Road Transport)

693/2006; Laki liikenteen palveluista (Act on Transport Services) 320/2017;

Ajoneuvolaki (Vehicles Act) 1090/2002.

IT: Legislative decree 285/1992 (Road Code and subsequent amendments) article 85;

Legislative Decree 395/2000 article 8 (road transport of passengers);

Law 21/1992 (Framework law on non-scheduled public road transport of passengers);

Law 218/2003 article 1 (transport of passenger through rented buses with driver); and

Law 151/1981 (framework law on public local transport).

SE: Planning and Building Act (2010:900).

(f) Space transport and rental of space craft

–
With respect to Investment liberalisation Market access, National treatment, Performance

–
requirements, Senior management and boards of directors and Cross-border trade in services

Market access, National treatment, Local presence:

The EU: The supply of space transport services and the supply of rental of space craft services

(CPC 733, part of 734).

(g) Most-favoured-nation exemptions

–
With respect to Investment liberalisation Most-favoured-nation treatment, and Cross-border trade

in services – Most-favoured-nation treatment:

EU/UK/TCA/Annex 19-24/en 320

–
Transport (cabotage) other than maritime transport

In FI: According differential treatment to a country pursuant to existing or future bilateral

agreements exempting vessels registered under the foreign flag of a specified other country or

foreign registered vehicles from the general prohibition from providing cabotage transport

(including combined transport, road and rail) in Finland on the basis of reciprocity (part of

CPC 711, part of 712, part of 722).

–
Supporting services for maritime transport

In BG: In so far as the United Kingdom allows service suppliers from Bulgaria to supply cargo

handling services and storage and warehouse services in sea and river harbours, including services

relating to containers and goods in containers, Bulgaria will allow service suppliers from the United

Kingdom to supply cargo-handling services and storage and warehouse services in sea and river

harbours, including services relating to containers and goods in containers under the same

conditions (part of CPC 741, part of 742) _._

–
Rental or leasing of vessels

In DE: Chartering-in of foreign ships by consumers resident in Germany may be subject to a

condition of reciprocity (CPC 7213, 7223, 83103) _._

EU/UK/TCA/Annex 19-24/en 321

–
Road and rail transport

The EU: To accord differential treatment to a country pursuant to existing or future bilateral

–
agreements relating to international road haulage (including combined transport road or rail) and

passenger transport, concluded between the Union or the Member States and a third country (CPC

7111, 7112, 7121, 7122, 7123). That treatment may:

(a) reserve or limit the supply of the relevant transport services between the contracting

Parties or across the territory of the contracting Parties to vehicles registered in each

contracting Party [1] ; or

(b) provide for tax exemptions for such vehicles.

–
Road transport

In BG: Measures taken under existing or future agreements, which reserve or restrict the supply of

these kinds of transportation services and specify the terms and conditions of this supply, including

transit permits or preferential road taxes, in the territory of Bulgaria or across the borders of

Bulgaria (CPC 7121, 7122, 7123).

**1** With regard to Austria the part of the most-favoured-nation treatment exemption regarding
traffic rights covers all countries with whom bilateral agreements on road transport or other
arrangements relating to road transport exist or may be considered in future.

EU/UK/TCA/Annex 19-24/en 322

In CZ: Measures that are taken under existing or future agreements, and which reserve or limit the

supply of transport services and specify operating conditions, including transit permits or

preferential road taxes of a transport services into, in, across and out of the Czech Republic to the

contracting parties concerned (CPC 7121, 7122, 7123).

In ES: Authorisation for the establishment of a commercial presence in Spain may be refused to

service suppliers whose country of origin does not accord effective market access to service

suppliers of Spain (CPC 7123).

Existing measures:

Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres.

In HR: Measures applied under existing or future agreements on international road transport and

which reserve or limit the supply of transport services and specify operating conditions, including

transit permits or preferential road taxes of transport services into, in, across and out of Croatia to

the parties concerned (CPC 7121, 7122, 7123).

In LT: Measures that are taken under bilateral agreements and which set the provisions for transport

services and specify operating conditions, including bilateral transit and other transport permits for

transport services into, through and out of the territory of Lithuania to the contracting parties

concerned, and road taxes and levies (CPC 7121, 7122, 7123).

EU/UK/TCA/Annex 19-24/en 323

In SK: Measures that are taken under existing or future agreements, and which reserve or limit the

supply of transport services and specify operating conditions, including transit permits or

preferential road taxes of a transport services into, in, across and out of the Slovak Republic to the

contracting parties concerned (CPC 7121, 7122, 7123).

–
Rail transport

In BG, CZ and SK: For existing or future agreements, and which regulate traffic rights and

operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech

Republic and Slovakia and between the countries concerned. (CPC 7111, 7112).

–
Air transport - Services auxiliary to air transport

The EU: According differential treatment to a third country pursuant to existing or future bilateral

agreements relating to ground-handling services.

–
Road and rail transport

In EE: when according differential treatment to a country pursuant to existing or future bilateral

agreements on international road transport (including combined transport-road or rail), reserving or

limiting the supply of a transport services into, in, across and out of Estonia to the contracting

Parties to vehicles registered in each contracting Party, and providing for tax exemption for such

vehicles (part of CPC 711, part of 712, part of 721).

EU/UK/TCA/Annex 19-24/en 324

–
All passenger and freight transport services other than maritime and air transport

In PL: In so far as the United Kingdom allows the supply of transport services into and across the

territory of the United Kingdom by passenger and freight transport suppliers of Poland, Poland will

allow the supply of transport services by passenger and freight transport suppliers of the United

Kingdom into and across the territory of Poland under the same conditions.

EU/UK/TCA/Annex 19-24/en 325

Reservation No. 21 - Agriculture, fishing and water

Sector: Agriculture, hunting, forestry; fishing, aquaculture, services

incidental to fishing; collection, purification and distribution of water

Industry classification: ISIC Rev. 3.1 011, ISIC Rev. 3.1 012, ISIC Rev. 3.1 013, ISIC Rev.

3.1 014, ISIC Rev. 3.1 015, CPC 8811, 8812, 8813 other than

advisory and consultancy services; ISIC Rev. 3.1 0501, 0502, CPC

882

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

EU/UK/TCA/Annex 19-24/en 326

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a) Agriculture, hunting and forestry

–
With respect to Investment liberalisation Market access, National treatment:

In HR: Agricultural and hunting activities.

In HU: Agricultural activities (ISIC Rev. 3.1 011, 3.1 012, 3.1 013, 3.1 014, 3.1 015, CPC 8811,

8812, 8813 other than advisory and consultancy services).

Existing measures:

HR: Agricultural Land Act (OG 20/18, 115/18, 98/19)

(b) Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements, Most-favoured-nation treatment and Cross

border trade in services – Market access, National treatment, Most-favoured-nation treatment, Local

presence:

EU/UK/TCA/Annex 19-24/en 327

The EU:

1. In particular within the framework of the Common Fisheries Policy, and of fishing

agreements with a third country, access to and use of the biological resources and fishing

grounds situated in maritime waters coming under the sovereignty or the jurisdiction of

Member States, or entitlements for fishing under a Member State fishing licence, including:

(a) regulating the landing of catches by vessels flying the flag of the United Kingdom or a

third country with respect to the quotas allocated to them or, only with respect to vessels

flying the flag of a Member State, requiring that a proportion of the total catch is landed

in Union ports;

(b) determining a minimum size for a company in order to preserve both artisanal and

coastal fishing vessels;

(c) according differential treatment pursuant to existing or future bilateral agreements

relating to fisheries; and

(d) requiring the crew of a vessel flying the flag of a Member State to be nationals of

Member States.

2. A fishing vessel’s entitlement to fly the flag of a Member State only if:

(a) it is wholly owned by:

EU/UK/TCA/Annex 19-24/en 328

(i) companies incorporated in the Union; or

(ii) Member State nationals;

(b) its day-to-day operations are directed and controlled from within the Union; and

(c) any charterer, manager or operator of the vessel is a company incorporated in the Union

or a national of a Member State.

3. A commercial fishing licence granting the right to fish in the territorial waters of a Member

State may only be granted to vessels flying the flag of a Member State.

4. The establishment of marine or inland aquaculture facilities.

5. Point (a), (b), (c) (other than with respect to most-favoured nation treatment) and (d) of

paragraph 1; point (a)(i), point (b) and (c) of paragraph 2 and paragraph 3 only apply to

measures which are applicable to vessels or to enterprises irrespective of the nationality of

their beneficial owners.

With respect to Investment liberalisation – Market access:

EU/UK/TCA/Annex 19-24/en 329

In FR: Nationals of non-European Union countries cannot participate in French maritime State

property for fish, shellfish or algae farming.

–
With respect to Investment liberalisation Market access, National treatment, Most-favoured nation

treatment and Cross-border trade in services – Market access, National treatment:

In BG: The taking of marine and river-living resources, performed by vessels in the internal marine

waters, and the territorial sea of Bulgaria, shall be performed by vessels flying the flag of Bulgaria.

A foreign ship may not engage in commercial fishing in the exclusive economic zone save on the

basis of an agreement between Bulgaria and the flag state. While passing through the exclusive

economic zone, foreign fishing ships may not maintain their fishing gear in operational mode.

(c) Collection, purification and distribution of water

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment, Local presence:

The EU: For activities, including services relating to the collection, purification and distribution of

water to household, industrial, commercial or other users, including the supply of drinking water,

and water management.

EU/UK/TCA/Annex 19-24/en 330

Reservation No. 22 - Energy related activities

Sector: Production of energy and related services

Industry classification: ISIC Rev. 3.1 10, 1110, 12, 120, 1200, 13, 14, 232, 233, 2330, 40, 401,

4010, 402, 4020, part of 4030, CPC 613, 62271, 63297, 7131, 71310,

742, 7422, part of 88, 887.

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

–
(a) Energy services general (ISIC Rev. 3.1 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, 41;

CPC 613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory and consulting services))

EU/UK/TCA/Annex 19-24/en 331

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment, Local presence:

The EU: Where a Member State permits foreign ownership of a gas or electricity transmission

system, or an oil and gas pipeline transport system, with respect to enterprises of the United

Kingdom controlled by natural or legal persons of a third country which accounts for more than 5

per cent of the Union's oil, natural gas or electricity imports, in order to guarantee the security of the

energy supply of the Union as a whole, or of an individual Member State. This reservation does not

apply to advisory and consultancy services provided as services incidental to energy distribution.

This reservation does not apply to HR, HU and LT (for LT, only CPC 7131) with regard to the

pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to

SI with regard to services incidental to the distribution of gas (ISIC Rev. 3.1 401, 402, CPC 7131,

887 other than advisory and consultancy services).

In CY: For the manufacture of refined petroleum products in so far as the investor is controlled by a

natural or juridical person of a third country which accounts for more than 5 per cent of the Union's

oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through

mains on own account, the production, transmission and distribution of electricity, the pipeline

transportation of fuels, services incidental to electricity and natural gas distribution other than

advisory and consulting services, wholesale services of electricity, retailing services of motor fuel,

electricity and non-bottled gas. Nationality and residency conditions applies for electricity related

services. (ISIC Rev. 3.1 232, 4010, 4020, CPC 613, 62271, 63297, 7131, and 887 other than

advisory and consulting services).

EU/UK/TCA/Annex 19-24/en 332

In FI: The transmission and distribution networks and systems of energy and of steam and hot

water.

In FI: The quantitative restrictions in the form of monopolies or exclusive rights for the importation

of natural gas, and for the production and distribution of steam and hot water. Currently, natural

monopolies and exclusive rights exist (ISIC Rev. 3.1 40, CPC 7131, 887 other than advisory and

consultancy services).

In FR: The electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment,

Local presence:

In BE: The energy distribution services, and services incidental to energy distribution (CPC 887

other than consultancy services).

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services –National treatment, Local presence:

In BE: For energy transmission services, regarding the types of legal entities and to the treatment of

public or private operators to whom BE has conferred exclusive rights. Establishment is required

within the Union (ISIC Rev. 3.1 4010, CPC 71310).

EU/UK/TCA/Annex 19-24/en 333

In BG: For services incidental to energy distribution (part of CPC 88).

In PT: For the production, transmission and distribution of electricity, the manufacturing of gas, the

pipeline transportation of fuels, wholesale services of electricity, retailing services of electricity and

non-bottled gas, and services incidental to electricity and natural gas distribution. Concessions for

electricity and gas sectors are assigned only to limited companies with their headquarters and

effective management in PT (ISIC Rev. 3.1 232, 4010, 4020, CPC 7131, 7422, 887 other than

advisory and consulting services).

In SK: An authorisation is required for the production, transmission and distribution of electricity,

manufacture of gas and distribution of gaseous fuels, production and distribution of steam and hot

water, pipeline transportation of fuels, wholesale and retail of electricity, steam and hot water, and

services incidental to energy distribution, including services in the area of energy efficiency, energy

savings and energy audit. An economic needs test is applied and the application may be denied only

if the market is saturated. For all those activities, an authorisation may only be granted to a natural

person with permanent residency in the EEA or a legal person of the EEA.

–
With respect to Investment liberalisation Market access, National treatment:

In BE: With the exception of the mining of metal ores and other mining and quarrying, enterprises

controlled by natural or legal persons of a third country which accounts for more than 5 per cent of

the European Union's oil or natural gas or electricity imports may be prohibited from obtaining

control of the activity. Incorporation is required (no branching) (ISIC Rev. 3.1 10, 1110, 13, 14,

232, part of 4010, part of 4020, part of 4030).

EU/UK/TCA/Annex 19-24/en 334

Existing measures:

EU: Directive (EU) 2019/944 of the European Parliament and of the Council **[1]** ; and

Directive 2009/73/EC of the European Parliament and of the Council **[2]** .

BG: Energy Act.

CY: The Regulation of the Electricity Market Laws of 2003 Law 122(I)/2003 as amended;

The Regulation of the Gas Market Laws of 2004, Law 183(I)/2004 as amended;

The Petroleum (Pipelines) Law, Chapter 273;

The Petroleum Law Chapter 272 as amended; and

The Petroleum and Fuel Specifications Laws of 2003, Law 148(I)/2003 as amended.

FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Sähkömarkkinalaki

(Electricity Market Act) (386/1995). Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017)

FR: Code de l'énergie.

PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October - Natural Gas; Decree-Law 215

–
A/2012, and Decree-Law 215-B/2012, 8 October Electricity; and Decree-Law 31/2006, 15

–
February Crude oil/Petroleum products.

**1** Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on
common rules for the internal market for electricity and amending Directive 2012/27/EU
(OJ EU L 158, 14.6.2019, p. 125).
**2** Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009
concerning common rules for the internal market in natural gas and repealing Directive
2003/55/EC (OJ EU L 211, 14.8.2009, p. 94).

EU/UK/TCA/Annex 19-24/en 335

SK: Act 51/1988 on Mining, Explosives and State Mining Administration;

Act 569/2007 on Geological Works;

Act 251/2012 on Energy; and Act 657/2004 on Thermal Energy.

(b) Electricity (ISIC Rev. 3.1 40, 401; CPC 62271, 887 (other than advisory and consulting

services))

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment:

In FI: The importation of electricity. With respect to cross-border trade, the wholesale and retail of

electricity.

In FR: Only companies where 100 per cent of the capital is held by the French State, by another

public sector organisation or by Electricité de France (EDF), may own and operate electricity

transmission or distribution systems.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In BG: For the production of electricity and the production of heat.

In PT: The activities of electricity transmission and distribution are carried out through exclusive

concessions of public service.

EU/UK/TCA/Annex 19-24/en 336

–
With respect to Investment liberalisation Market access, National treatment:

In BE: An individual authorisation for the production of electricity of a capacity of 25 MW or

above requires establishment in the Union, or in another State which has a regime similar to that

enforced by Directive 96/92/EC of the European Parliament and of the Council **[1]** in place, and where

the company has an effective and continuous link with the economy.

The production of electricity within the offshore territory of BE is subject to concession and a joint

venture obligation with a legal person of the Union, or with a legal person of a country having a

regime similar to that of Directive 2003/54/EC of the European Parliament and of the Council **[2]**,

particularly with regard to conditions relating to the authorisation and selection.

Additionally, the legal person should have its central administration or its head office in a Member

State of the European Union or a country meeting the above criteria, where it has an effective and

continuous link with the economy.

The construction of electrical power lines which link offshore production to the transmission

network of Elia requires authorisation and the company must meet the previously specified

conditions, except for the joint venture requirement.

With respect to Cross-border trade in services – National treatment:

**1** Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996
concerning common rules for the internal market in electricity (OJ EU L 27, 30.1.1997,
p. 20).
**2** Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003
concerning common rules for the internal market in electricity and repealing Directive
96/92/EC (OJ EU L 176, 15.7.2003, p. 37).

EU/UK/TCA/Annex 19-24/en 337

In BE: An authorisation is necessary for the supply of electricity by an intermediary having

customers established in BE who are connected to the national grid system or to a direct line whose

nominal voltage is higher than 70,000 volts. That authorisation may only be granted to a natural or

legal person of the EEA.

With respect to Investment liberalisation – Market access:

In FR: For the production of electricity.

Existing measures:

BE: Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des autorisations

individuelles préalables à la construction de lignes directes;

Arrêté Royal du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions

domaniales pour la construction et l'exploitation d'installations de production d'électricité à partir de

l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique peut exercer sa

juridiction conformément au droit international de la mer; and Arrêté Royal du 12 mars 2002 relatif

aux modalités de pose de câbles d'énergie électrique qui pénètrent dans la mer territoriale ou dans le

territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau

continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de

l'exploitation d'îles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge.

Arrêté royal relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles

de conduite applicables à ceux-ci.

Arrêté royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux

conditions d'octroi des autorisations de fourniture de gaz naturel.

EU/UK/TCA/Annex 19-24/en 338

FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Sähkömarkkinalak

(Electricity Market Act) 588/2013; Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017)

FR: Code de l'énergie.

PT: Decree-Law 215-A/2012; and

–
Decree-Law 215-B/2012, 8 October Electricity.

(c) Fuels, gas, crude oil or petroleum products (ISIC Rev. 3.1 232, 40, 402; CPC 613, 62271,

63297, 7131, 71310, 742, 7422, part of 88, 887 (other than advisory and consulting services))

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment:

In FI: To prevent control or ownership of a liquefied natural gas (LNG) terminal (including those

parts of the LNG terminal used for storage or re-gasification of LNG) by foreign natural or legal

persons for energy security reasons.

In FR: Only companies where 100 per cent of the capital is held by the French State, by another

public sector organisation or by ENGIE, may own and operate gas transmission or distribution

systems for reasons of national energy security.

EU/UK/TCA/Annex 19-24/en 339

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

In BE: For bulk storage services of gas, regarding the types of legal entities and the treatment of

public or private operators to whom Belgium has conferred exclusive rights. Establishment is

required within the Union for bulk storage services of gas (part of CPC 742).

In BG: For pipeline transportation, storage and warehousing of petroleum and natural gas, including

transit transmission (CPC 71310, part of CPC 742).

In PT: For the cross-border supply of storage and warehousing services of fuels transported through

pipelines (natural gas). Also, concessions relating to the transmission, distribution and underground

storage of natural gas and the reception, storage and regasification terminal of LNG are awarded

through contracts concession, following public calls for tenders (CPC 7131, CPC 7422).

–
With respect to Cross-border trade in services Market access, National treatment:

In BE: The pipeline transport of natural gas and other fuels is subject to an authorisation

requirement. An authorisation may only be granted to a natural or juridical person established in a

Member State (in accordance with Article 3 of the AR of 14 May 2002).

Where the authorisation is requested by a company:

EU/UK/TCA/Annex 19-24/en 340

(a) the company must be established in accordance with Belgian law, or the law of another

Member State, or the law of a third country, which has undertaken commitments to

maintain a regulatory framework similar to the common requirements specified in

Directive 98/30/EC of the European Parliament and the Council **[1]** ; and

(b) the company must hold its administrative seat, its principal establishment or its head

office within a Member State, or a third country, which has undertaken commitments to

maintain a regulatory framework similar to the common requirements specified in

Directive 98/30/EC, provided that the activity of this establishment or head office

represents an effective and continuous link with the economy of the country concerned

(CPC 7131).

In BE: In general the supply of natural gas to customers (customers being both distribution

companies and consumers whose overall combined consumption of gas arising from all points of

supply attains a minimum level of one million cubic metres per year) established in Belgium is

subject to an individual authorisation provided by the minister, except where the supplier is a

distribution company using its own distribution network. Such an authorisation may only be granted

to natural or legal persons of the European Union.

In CY: For the cross-border supply of storage and warehousing services of fuels transported

through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order (CPC 613,

CPC 62271, CPC 63297, CPC 7131, CPC 742).

**1** Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning
common rules for the internal market in natural gas (OJ EU L 204, 21.7.1998, p. 1).

EU/UK/TCA/Annex 19-24/en 341

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In HU: The supply of pipeline transport services requires establishment. Services may be provided

through a Contract of Concession granted by the state or the local authority. The supply of this

service is regulated by the Hungarian Concession Law (CPC 7131).

With respect to Cross-border trade in services – Market access:

In LT: For pipeline transportation of fuels and services auxiliary to pipeline transport of goods other

than fuel.

Existing measures:

BE: Arrêté Royal du 14 mai 2002 relatif à l'autorisation de transport de produits gazeux et autres

par canalisations; and

Loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations (article 8.2).

BG: Energy Act.

CY: The Regulation of the Electricity Market Law of 2003, Law 122(I)/2003 as amended;

The Regulating of the Gas Market Laws of 2004, Law 183(I)/2004 as amended;

The Petroleum (Pipelines) Law, Chapter 273;

The Petroleum Law Chapter 272 as amended; and

The Petroleum and Fuel Specifications Laws of 2003, Law 148(I)/2003 as amended.

EU/UK/TCA/Annex 19-24/en 342

FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Maakaasumarkkinalaki

(Natural Gas Market Act) (587/2017).

FR: Code de l'énergie.

HU: Act XVI of 1991 about Concessions.

LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973.

PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October - Natural Gas; Decree-Law 215

–
A/2012, and Decree-Law 215-B/2012, 8 October Electricity; and Decree-Law 31/2006, 15

–
February Crude oil/Petroleum products.

(d) Nuclear (ISIC Rev. 3.1 12, 3.1 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887))

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment:

In DE: For the production, processing or transportation of nuclear material and generation or

distribution of nuclear-based energy.

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, National treatment:

EU/UK/TCA/Annex 19-24/en 343

In AT and FI: for the production, processing distribution or transportation of nuclear material and

generation or distribution of nuclear-based energy.

In BE: For the production, processing or transportation of nuclear material and generation or

distribution of nuclear-based energy.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements:

In HU and SE: For the processing of nuclear fuel and nuclear-based electricity generation.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors:

In BG: For the processing of fissionable and fusionable materials or the materials from which they

are derived, as well as to the trade therewith, to the maintenance and repair of equipment and

systems in nuclear energy production facilities, to the transportation of those materials and the

refuse and waste matter of their processing, to the use of ionising radiation, and on all other services

relating to the use of nuclear energy for peaceful purposes (including engineering and consulting

services and services relating to software etc.).

–
With respect to Investment liberalisation Market access, National treatment:

In FR: These activities must respect the obligations of an Euratom Agreement.

EU/UK/TCA/Annex 19-24/en 344

Existing measures:

AT: Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Act for a Non-nuclear

Austria) BGBl. I Nr. 149/1999.

BG: Safe Use of Nuclear Energy Act.

FI: Ydinenergialaki (Nuclear Energy Act) (990/1987).

HU: Act CXVI of 1996 on Nuclear Energy; and

Government Decree Nr. 72/2000 on Nuclear Energy.

SE: The Swedish Environmental Code (1998:808); and Law on Nuclear Technology Activities

(1984:3).

EU/UK/TCA/Annex 19-24/en 345

Reservation No. 23 - Other services not included elsewhere

Sector: Other services not included elsewhere

Industry classification: CPC 9703, part of CPC 612, part of CPC 621, part of CPC 625, part of

85990

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a) Funeral, cremation services and undertaking services (CPC 9703)

EU/UK/TCA/Annex 19-24/en 346

–
With respect to Investment liberalisation Market access, National treatment:

In FI: Cremation services and operation/maintenance of cemeteries and graveyards can only be

performed by the state, municipalities, parishes, religious communities or non-profit foundations or

societies.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, National treatment,

Local presence:

In DE: Only legal persons established under public law may operate a cemetery. The creation and

operation of cemeteries and services related to funerals.

In PT: Commercial presence is required to provide funeral and undertaking services. EEA

nationality is required in order to become a technical manager for entities providing funeral and

undertaking services.

In SE: Church of Sweden or local authority monopoly on cremation and funeral services.

In CY, SI: Funeral, cremation and undertaking services.

Existing measures:

FI: Hautaustoimilaki (Act on Burial Service) (457/2003).

EU/UK/TCA/Annex 19-24/en 347

PT: Decree-Law 10/2015, of 16 January alterado p/ Lei 15/2018, 27 março.

SE: Begravningslag (1990:1144) (Act of Burials); Begravningsförordningen (1990:1147)

(Ordinance of Burials).

(b) Other business-related services

With respect to Cross-border trade in services – Market access:

In FI: Require establishment in Finland or elsewhere in the EEA in order to provide electronic

identification services.

Existing measures:

FI: Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä luottamuspalveluista 617/2009 (Act on

Strong Electronic Identification and Electronic Trust Services 617/2009).

(c) New services

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, National treatment, Local presence:

The EU: For the provision of new services other than those classified in the United Nations

Provisional Central Product Classification (CPC), 1991.

EU/UK/TCA/Annex 19-24/en 348

Schedule of the United Kingdom

Reservation No. 1 – All sectors

Reservation No. 2 – Professional services (all professions except health related)

Reservation No. 3 – Professional services (health related and retail of pharmaceuticals)

Reservation No. 4 – Business services (collection agency services and credit reporting services)

Reservation No. 5 – Business services (placement services)

Reservation No. 6 – Business services (investigation services)

Reservation No. 7 – Business services (other business services)

Reservation No. 8 – Education services

Reservation No. 9 – Financial services

EU/UK/TCA/Annex 19-24/en 349

Reservation No. 10 – Health and social services

Reservation No. 11 – Recreational, cultural and sporting services

Reservation No. 12 – Transport services and auxiliary transport services

Reservation No. 13 – Fishing and water

Reservation No. 14 – Energy related activities

Reservation No. 15 – Other services not included elsewhere

EU/UK/TCA/Annex 19-24/en 350

Reservation No. 1 – All sectors

Sector: All sectors

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Obligations for Legal Services

Chapter/ Section: Investment liberalisation, Cross-border trade in services and

Regulatory framework for legal services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

(a) Commercial presence

EU/UK/TCA/Annex 19-24/en 351

With respect to Investment liberalisation – Market access:

Services considered as public utilities at a national or local level may be subject to public

monopolies or to exclusive rights granted to private operators.

Public utilities exist in sectors such as related scientific and technical consulting services, research

and development (R&D) services on social sciences and humanities, technical testing and analysis

services, environmental services, health services, transport services and services auxiliary to all

modes of transport. Exclusive rights on such services are often granted to private operators, for

instance operators with concessions from public authorities, subject to specific service obligations.

Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector

specific scheduling is not practical. This reservation does not apply to telecommunications and to

computer and related services.

(b) Most-favoured-nation treatment

With respect to Investment liberalisation – Most favoured nation treatment and Cross-Border Trade

in Services – Most favoured nation treatment and Regulatory Framework for Legal Services –

Obligations:

According differential treatment pursuant to any international investment treaties or other trade

agreement in force or signed prior to entry into force of this Agreement.

According differential treatment to a country pursuant to any existing or future bilateral or

multilateral agreement which:

EU/UK/TCA/Annex 19-24/en 352

(i) creates an internal market in services and investment;

(ii) grants the right of establishment; or

(iii) requires the approximation of legislation in one or more economic sectors.

An internal market on services and establishment means an area without internal frontiers in which

the free movement of services, capital and persons is ensured.

The right of establishment means an obligation to abolish in substance all barriers to establishment

among the parties to the regional economic integration agreement by the entry into force of that

agreement. The right of establishment shall include the right of nationals of the parties to the

regional economic integration agreement to set up and operate enterprises under the same

conditions provided for nationals under the law of the country where such establishment takes

place.

The approximation of legislation means:

(i) the alignment of the legislation of one or more of the parties to the regional economic

integration agreement with the legislation of the other party or parties to that agreement;

or

(ii) the incorporation of common legislation into the law of the parties to the regional

economic integration agreement.

EU/UK/TCA/Annex 19-24/en 353

Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at

such time that it has been enacted in the law of the party or parties to the regional economic

integration agreement.

According differential treatment relating to the right of establishment to nationals or enterprises

through existing or future bilateral agreements between the UK and any of the following countries

or principalities: Andorra, Monaco, San Marino and the Vatican City State.

(c) Arms, ammunitions and war material

–
With respect to Investment liberalisation Market access, National treatment, Most favoured nation

treatment, Senior management and boards of directors, Performance requirements and Cross

Border Trade in Services – Market access, Local presence, National treatment, Most favoured

nation treatment:

Production or distribution of, or trade in, arms, munitions and war material. War material is limited

to any product which is solely intended and made for military use in connection with the conduct of

war or defence activities.

EU/UK/TCA/Annex 19-24/en 354

Reservation No. 2 – Professional services (all professions except health related)

Sector– sub-sector: Professional services - legal services, auditing services

Industry classification: Part of CPC 861, part of 87902, part of 862

Type of reservation: Market access

National treatment

Senior management and boards of directors

Local presence

Obligations for Legal Services

Chapter/ Section: Investment liberalisation, Cross-border trade in services and Regulatory

framework for legal services

Description:

(a) Legal services

EU/UK/TCA/Annex 19-24/en 355

–
With respect to Investment liberalisation Market access, Senior management and boards of

–
directors, National treatment, Cross-border trade in services Market access, Local presence,

– –
National treatment and Regulatory framework for legal services Obligations:

The UK reserves the right to adopt or maintain any measure with respect to the supply of legal

advisory and legal authorisation, documentation, and certification services provided by legal

professionals entrusted with public functions, such as notaries, and with respect to services

provided by bailiffs (part of CPC 861, part of 87902).

(b) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)

–
With respect to Cross-border trade in services Market access, Local presence, National treatment:

The UK reserves the right to adopt or maintain any measure with respect to the cross-border supply

of auditing services.

Existing measures:

Companies Act 2006

EU/UK/TCA/Annex 19-24/en 356

Reservation No. 3 - Professional services (health related and retail of pharmaceuticals)

Sector: Health related professional services and retail sales of pharmaceutical,

medical and orthopaedic goods, other services provided by pharmacists

Industry classification: CPC 63211, 85201, 9312, 9319, 93121

Type of reservation: Market access

National treatment

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

(a) Medical and dental services; services provided by midwives, nurses, physiotherapists,

psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319)

With respect to Investment liberalisation – Market access:

EU/UK/TCA/Annex 19-24/en 357

Establishment for doctors under the National Health Service is subject to medical manpower

planning (CPC 93121, 93122).

–
With respect to Cross-border trade in services Market access, Local presence, National treatment:

The supply of all health-related professional services, including the services provided by

professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and

psychologists, requires residency. These services may only be provided by natural persons

physically present in the territory of the UK (CPC 9312, part of 93191).

The cross-border supply of medical, dental and midwives services and services provided by nurses,

physiotherapists, psychologists and paramedical personnel (part of CPC 85201, 9312, part

of 93191).

For service suppliers not physically present in the territory of the UK (part of CPC 85201, 9312,

part of 93191).

(b) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by

pharmacists (CPC 63211)

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access, Local presence:

EU/UK/TCA/Annex 19-24/en 358

Mail order is only possible from the UK, thus establishment in the UK is required for the retail of

pharmaceuticals and specific medical goods to the general public in the UK.

–
With respect to Cross-border trade in services Market access, Local presence, National treatment:

The cross-border retail sales of pharmaceuticals and of medical and orthopaedic goods, and other

services supplied by pharmacists.

EU/UK/TCA/Annex 19-24/en 359

Reservation No. 4 – Business services (collection agency services and credit reporting services)

Sector– sub-sector: Business services - collection agency services, credit reporting services

Industry classification: CPC 87901, 87902

Type of reservation: Market access

National treatment

Local presence

Chapter: Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the supply of collection

agency services and credit reporting services.

EU/UK/TCA/Annex 19-24/en 360

Reservation No. 5 – Business services (placement services)

Sector– sub-sector: Business Services – placement services

Industry classification: CPC 87202, 87204, 87205, 87206, 87209

Type of reservation: Market access

National treatment

Senior management and boards of directors

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

The supply of placement services of domestic help personnel, other commercial or industrial

workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).

To require establishment and to prohibit the cross-border supply of placement services of office

support personnel and other workers.

EU/UK/TCA/Annex 19-24/en 361

Reservation No. 6 – Business services (investigation services)

Sector – sub-sector: Business Services – investigation services

Industry classification: CPC 87301

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the supply of

investigation services (CPC 87301).

EU/UK/TCA/Annex 19-24/en 362

Reservation No. 7 – Business services (other business services)

Sector– sub-sector: Business services – other business services

Industry classification: CPC 86764, 86769, 8868, part of 8790

Type of reservation: Market access

National treatment

Most favoured nation treatment

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

(a) Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (part

of CPC 86764, CPC 86769, CPC 8868)

EU/UK/TCA/Annex 19-24/en 363

–
With respect to Cross-border trade in services Market access, Local presence, National treatment:

To require establishment or physical presence in its territory and prohibiting the cross-border

supply of maintenance and repair services of rail transport equipment from outside its territory.

To require establishment or physical presence in its territory and prohibiting the cross-border

supply of maintenance and repair services of internal waterways transport vessels from outside its

territory.

To require establishment or physical presence in its territory and prohibiting the cross-border

supply of maintenance and repair services of maritime vessels from outside its territory.

To require establishment or physical presence in its territory and prohibiting the cross-border

supply of maintenance and repair services of aircraft and parts thereof from outside its territory

(part of CPC 86764, CPC 86769, CPC 8868).

Only recognised organisations authorised by the UK may carry out statutory surveys and

certification of ships on behalf of the UK. Establishment may be required.

Existing measures:

EU/UK/TCA/Annex 19-24/en 364

Regulation (EC) 391/2009 of the European Parliament and the Council of 23 April 2009 on

common rules and standards for ship inspection and survey organisations as retained in UK law by

the European Union (Withdrawal) Act 2018, and as amended by the Merchant Shipping

(Recognised Organisations) (Amendment) (EU Exit) Regulations 2019.

(b) Other business services related to aviation

With respect to Investment liberalisation - Most favoured nation treatment and Cross-border trade

in Services – Most favoured nation treatment:

According differential treatment to a third country pursuant to existing or future bilateral

agreements relating to the following services:

(i) aircraft repair and maintenance services;

(ii) rental or leasing of aircraft without crew;

(iii) computer reservation system (CRS) services;

(iv) the following services provided using a manned aircraft, subject to compliance with the

Parties' respective laws and regulations governing the admission of aircrafts to,

departure from and operation within, their territory: aerial fire-fighting, flight training,

spraying, surveying, mapping, photography, and other airborne agricultural, industrial

and inspection services; and

(v) the selling and marketing of air transport services.

EU/UK/TCA/Annex 19-24/en 365

Reservation No. 8 – Education services

Sector: Education services

Industry classification: CPC 92

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

All educational services which receive public funding or State support in any form, and are

therefore not considered to be privately funded. Where the supply of privately funded education

services by a foreign provider is permitted, participation of private operators in the education

system may be subject to the granting of a concession allocated on a non-discriminatory basis.

EU/UK/TCA/Annex 19-24/en 366

The supply of privately funded other education services, which means other than those classified as

being primary, secondary, higher and adult education services (CPC 929).

EU/UK/TCA/Annex 19-24/en 367

Reservation No. 9 – Financial services

Sector: Financial services

Industry classification:

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

(a) All financial services

With respect to Investment liberalisation – Market access:

EU/UK/TCA/Annex 19-24/en 368

To require a financial service supplier, other than a branch, when establishing in the UK to adopt a

specific legal form, on a non-discriminatory basis.

With respect to Investment liberalisation – Most favoured nation treatment and Cross-border trade

in services – Most favoured nation treatment:

According differential treatment to an investor or a financial services supplier of a third country

pursuant to any bilateral or multilateral international investment treaty or other trade agreement.

(b) Insurance and insurance-related services

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

For the supply of insurance and insurance-related services except for:

(i) direct insurance services (including co-insurance) and direct insurance intermediation

for the insurance of risks relating to:

–
maritime transport and commercial aviation and space launching and freight

(including satellites), with such insurance to cover any or all of the following: the

goods being transported, the vehicle transporting the goods, and any liability

deriving therefrom; and

EU/UK/TCA/Annex 19-24/en 369

–
goods in international transit;

(ii) Reinsurance and retrocession; and

(iii) Services auxiliary to insurance.

(c) Banking and other financial services

With respect to Investment liberalisation – Market access and Cross-border trade in services – Local

presence:

Only firms having their registered office in the UK can act as depositories of the assets of

investment funds. The establishment of a specialised management company, having its head office

and registered office in the UK, is required to perform the activities of management of common

funds, including unit trusts, and where allowed under national law, investment companies.

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

For the supply of banking and other financial services, except for:

(i) the provision and transfer of financial information, and financial data processing and

related software by suppliers of other financial services; and

EU/UK/TCA/Annex 19-24/en 370

(ii) advisory and other auxiliary financial services relating to banking and other financial

services as described in point (L) of the definition of banking and other financial

services (excluding insurance) in Article 183(a)(ii) of this Agreement, but not

intermediation as described in that point;

EU/UK/TCA/Annex 19-24/en 371

Reservation No. 10 – Health and social services

Sector: Health and social services

Industry classification: CPC 931 other than 9312, part of 93191

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

(a) Health services – hospital, ambulance, residential health services (CPC 931 other than 9312,

part of 93191)

EU/UK/TCA/Annex 19-24/en 372

With respect to Investment liberalisation - Market access, National treatment, Performance

requirements, Senior management and boards of directors:

For the supply of all health services which receive public funding or State support in any form, and

are therefore not considered to be privately funded.

All privately funded health services other than hospital services. The participation of private

operators in the privately funded health network may be subject to concession on a non

discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on

existing establishments, transport infrastructure, population density, geographic spread, and

creation of new employment.

This reservation does not relate to the supply of all health-related professional services, including

the services supplied by professionals such as medical doctors, dentists, midwives, nurses,

physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931

other than 9312, part of 93191).

(b) Health and social services, including pension insurance

–
With respect to Cross-border trade in services Market access, Local presence, National treatment:

EU/UK/TCA/Annex 19-24/en 373

Requiring establishment or physical presence in its territory of suppliers and restricting the cross

border supply of health services from outside its territory, the cross-border supply of social services

from outside its territory, as well as activities or services forming part of a public retirement plan or

statutory system of social security. This reservation does not relate to the supply of all health

related professional services, including the services provided by professionals such as medical

doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are

covered by other reservations (CPC 931 other than 9312, part of 93191).

(c) Social services, including pension insurance

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements:

The supply of all social services which receive public funding or State support in any form, and are

therefore not considered to be privately funded, and activities or services forming part of a public

retirement plan or statutory system of social security. The participation of private operators in the

privately funded social network may be subject to concession on a non-discriminatory basis. An

economic needs test may apply. Main criteria: number of and impact on existing establishments,

transport infrastructure, population density, geographic spread, and creation of new employment.

The supply of privately funded social services other than services relating to convalescent and rest

houses and old people's homes.

EU/UK/TCA/Annex 19-24/en 374

Reservation No. 11 – Recreational, cultural and sporting services

Sector: Recreational, cultural and sporting services

Industry classification: CPC 963, 9619, 964

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

(a) Libraries, archives, museums and other cultural services (CPC 963)

EU/UK/TCA/Annex 19-24/en 375

The supply of library, archive, museum and other cultural services.

(b) Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other

than 96492)

The cross-border supply of entertainment services, including theatre, live bands, circus and

discotheque services.

(c) Gambling and betting services (CPC 96492)

The supply of gambling activities, which involve wagering a stake with pecuniary value in games

of chance, including in particular lotteries, scratch cards, gambling services offered in casinos,

gambling arcades or licensed premises, betting services, bingo services and gambling services

operated by and for the benefit of charities or non-profit-making organisations.

EU/UK/TCA/Annex 19-24/en 376

Reservation No. 12 – Transport services and auxiliary transport services

Sector: Transport services

Type of reservation: Market access

National treatment

Most favoured nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the following:

–
(a) Maritime transport any other commercial activity undertaken from a ship

EU/UK/TCA/Annex 19-24/en 377

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements and Cross-border trade in services – Market

access, Local presence, National treatment:

The nationality of the crew on a seagoing or non-seagoing vessel.

–
With respect to Investment liberalisation Market access, National treatment, Most favoured nation

treatment, Senior management and boards of directors:

For the purpose of registering a vessel and operating a fleet under the flag of the UK (all

commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and

services incidental to fishing; international passenger and freight transportation (CPC 721); and

services auxiliary to maritime transport). This reservation does not apply to legal persons

incorporated in the UK and having an effective and continuous link to its economy.

(b) Auxiliary services to maritime transport

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, Local presence,

National treatment:

The supply of pilotage and berthing services. For greater certainty, regardless of the criteria which

may apply to the registration of ships in the UK, the UK reserves the right to require that only ships

registered on the national registers of the UK may provide pilotage and berthing services (CPC

7452).

EU/UK/TCA/Annex 19-24/en 378

Only vessels carrying the flag of the UK may provide pushing and towing services (CPC 7214).

(c) Auxiliary services to inland waterways transport

–
With respect to Investment liberalisation Market access, National treatment, Most favoured nation

treatment, Senior management and boards of directors, Performance requirements and Cross-border

trade in services – Market access, Local presence, National treatment, Most favoured nation

treatment:

Services auxiliary to inland waterways transportation.

(d) Rail transport and auxiliary services to rail transport

–
With respect to Investment liberalisation Market access, National treatment and Cross-Border

Trade in Services – Market access, Local presence, National treatment:

Railway passenger transportation (CPC 7111).

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access, Local presence:

Railway freight transportation (CPC 7112).

EU/UK/TCA/Annex 19-24/en 379

(e) Road transport (passenger transportation, freight transportation, international truck transport

services) and services auxiliary to road transport

–
With respect to Cross-border trade in services Market access, National treatment, Local presence:

For road transport services covered by Heading Three of Part Two of this Agreement and Annex 31

to this Agreement.

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors and Cross-border trade in services – Market access, Local presence,

National treatment:

For road transport services not covered by Heading Three of Part Two of this Agreement and

Annex 31 to this Agreement:

(i) to require establishment and to limit the cross-border supply of road transport services

(CPC 712);

EU/UK/TCA/Annex 19-24/en 380

(ii) an economic needs test may apply to taxi services in the UK setting a limit on the

number of service suppliers. Main criteria: Local demand as provided in applicable laws

(CPC 71221).

Existing measures:

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009

establishing common rules concerning the conditions to be complied with to pursue the occupation

of road transport operator and repealing Council Directive 96/26/EC as retained in UK law by the

European Union (Withdrawal) Act 2018 and as amended by the Licensing of Operators and

International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019;

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009

on common rules for access to the international road haulage market as retained in UK law by the

European Union (Withdrawal) Act 2018 and as amended by the Licensing of Operators and

International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019; and

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009

on common rules for access to the international market for coach and bus services, and amending

Regulation (EC) No 561/2006 as retained in UK law by the European Union (Withdrawal) Act

2018 and as amended by the Common Rules for Access to the International Market for Coach and

Bus Services (Amendment etc.) (EU Exit) Regulations 2019.

EU/UK/TCA/Annex 19-24/en 381

(f) Space transport and rental of space craft

–
With respect to Investment Liberalisation Market access, National treatment, Performance

–
requirements, Senior management and boards of directors and Cross-border trade in services

Market access, Local presence, National treatment:

Transportation services via space and the rental of space craft (CPC 733, part of 734).

(g) Most-favoured-nation exemptions

–
With respect to Investment liberalisation Most favoured nation treatment, and Cross-border trade

in services – Most favoured nation treatment:

(i) Road and rail transport

To accord differential treatment to a country pursuant to existing or future bilateral

agreements relating to international road haulage (including combined transport – road

or rail) and passenger transport, concluded between the UK and a third country (CPC

7111, 7112, 7121, 7122, 7123). That treatment may:

‒
reserve or limit the supply of the relevant transport services between the

contracting parties or across the territory of the contracting parties to vehicles

registered in each contracting party; or

‒
provide for tax exemptions for such vehicles.

EU/UK/TCA/Annex 19-24/en 382

(ii) Air transport - Services auxiliary to air transport

According differential treatment to a third country pursuant to existing or future bilateral

agreements relating to ground-handling services.

EU/UK/TCA/Annex 19-24/en 383

Reservation No. 13 – Fishing and water

Sector: Fishing, aquaculture, services incidental to fishing; collection,

purification and distribution of water

Industry classification: ISIC Rev. 3.1 0501, 0502, CPC 882, ISIC Rev. 3.1 41

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

EU/UK/TCA/Annex 19-24/en 384

The UK reserves the right to adopt or maintain any measure with respect to the following:

(a) Fishing, aquaculture and services incidental to fishing (ISIC Rev. 3.1 0501, 0502, CPC 882)

–
With respect to Investment liberalisation Market access, National treatment, Senior management

and boards of directors, Performance requirements, Most favoured nation treatment and Cross

border trade in services – Market access, National treatment, Local presence, Most favoured nation

treatment:

1. In particular within the framework of United Kingdom fisheries policy, and of fishing

agreements with a third country, access to and use of biological resources and fishing grounds

situated in the maritime waters coming under the sovereignty or jurisdiction of the United

Kingdom, or entitlements for fishing under a United Kingdom fishing licence, including:

(a) regulating the landing of catches by vessels flying the flag of a Member State or a third

country with respect to the quotas allocated to them or, only with respect to vessels

flying the flag of the United Kingdom, requiring that a proportion of the total catch is

landed in United Kingdom ports;

(b) determining a minimum size for a company in order to preserve both artisanal and

coastal fishing vessels;

(c) according differential treatment pursuant to existing or future international agreements

relating to fisheries; and

EU/UK/TCA/Annex 19-24/en 385

(d) requiring the crew of a vessel flying the flag of the United Kingdom to be United

Kingdom nationals.

2. A fishing vessel’s entitlement to fly the flag of the United Kingdom only if:

(a) it is wholly owned by:

(i) companies incorporated in the United Kingdom; or

(ii) United Kingdom nationals;

(b) its day-to-day operations are directed and controlled from within the United Kingdom;

and

(c) any charterer, manager or operator of the vessel is a company incorporated in the United

Kingdom or a United Kingdom national.

3. A commercial fishing licence granting the right to fish in the territorial waters of the United

Kingdom may only be granted to vessels flying the flag of the United Kingdom.

4. The establishment of marine or inland aquaculture facilities.

5. Point (a), (b), (c) (other than with respect to most-favoured nation treatment) and (d) of

paragraph 1, point (a)(i), point (b) and (c) of paragraph 2 and paragraph 3 only apply to

measures which are applicable to vessels or to enterprises irrespective of the nationality of

their beneficial owners.

EU/UK/TCA/Annex 19-24/en 386

(b) Collection, purification and distribution of water

–
With respect to Investment liberalisation Market access, National treatment and Cross-border

trade in services – Market access, Local presence, National treatment:

For activities, including services relating to the collection, purification and distribution of water to

household, industrial, commercial or other users, including the supply of drinking water, and water

management.

EU/UK/TCA/Annex 19-24/en 387

Reservation No. 14 – Energy related activities

Sector: Production of energy and related services

Industry classification: ISIC Rev. 3.1 401, 402, CPC 7131, CPC 887 (other than advisory

and consulting services).

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure, where the UK permits foreign

ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system,

with respect to enterprises of the Union controlled by natural persons or enterprises of a third

country which accounts for more than 5 per cent of the UK's oil, natural gas or electricity imports,

in order to guarantee the security of the energy supply of the UK. This reservation does not apply to

advisory and consultancy services provided as services incidental to energy distribution.

EU/UK/TCA/Annex 19-24/en 388

Reservation No. 15 – Other services not included elsewhere

Sector: Other services not included elsewhere

Type of reservation: Market access

National treatment

Senior management and boards of directors

Performance requirements

Local presence

Chapter: Investment liberalisation and Cross-border trade in services

Description:

The UK reserves the right to adopt or maintain any measure with respect to the provision of new

services other than those classified in the United Nations Provisional Central Product Classification

(CPC), 1991.

______________

EU/UK/TCA/Annex 19-24/en 389

**ANNEX 21**

BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES,

INTRA-CORPORATE TRANSFEREES AND SHORT-TERM BUSINESS VISITORS

1. A measure listed in this Annex may be maintained, continued, promptly renewed, or

amended, provided that the amendment does not decrease the conformity of the measure with

Articles 141 and 142 of this Agreement, as it existed immediately before the amendment.

2. Articles 141 and 142 of this Agreement do not apply to any existing non‑ conforming

‑
measure listed in this Annex, to the extent of the non conformity.

3. The schedules in paragraphs 6, 7 and 8 apply only to the territories of the United Kingdom

and the Union in accordance with Article 520(2) and Article 774 of this Agreement and are

only relevant in the context of trade relations between the Union and its Member States with

the United Kingdom. They do not affect the rights and obligations of the Member States

under Union law.

EU/UK/TCA/Annex 19-24/en 390

4. For greater certainty, for the Union, the obligation to grant national treatment does not entail

the requirement to extend to natural or legal persons of the United Kingdom the treatment

granted in a Member State, in application of the Treaty on the Functioning of the European

Union, or of any measure adopted pursuant to that Treaty, including their implementation in

the Member States, to:

(i) natural persons or residents of another Member State; or

(ii) legal persons constituted or organised under the law of another Member State or of the

Union and having their registered office, central administration or principal place of

business in the Union.

5. The following abbreviations are used in the paragraphs below:

AT Austria

BE Belgium

BG Bulgaria

CY Cyprus

CZ Czechia

DE Germany

EU/UK/TCA/Annex 19-24/en 391

DK Denmark

EE Estonia

EL Greece

ES Spain

EU European Union, including all its Member States

FI Finland

FR France

HR Croatia

HU Hungary

IE Ireland

IT Italy

LT Lithuania

LU Luxembourg

LV Latvia

MT Malta

EU/UK/TCA/Annex 19-24/en 392

NL The Netherlands

PL Poland

PT Portugal

RO Romania

SE Sweden

SI Slovenia

SK Slovak Republic

6. The Union's non-conforming measures are:

Business visitors for establishment purposes

EU/UK/TCA/Annex 19-24/en 393

Intra-corporate transferees

Short-term business visitors

|All activities referred<br>to in paragraph 8:|CY, DK, HR: Work permit, including economic needs test, required in case<br>the short-term business visitor supplies a service.<br>LV: Work permit required for operations/activities to be performed on the<br>basis of a contract.<br>MT: Work permit required. No economic needs tests performed.<br>SI: A single residency and work permit is required for the supply of<br>services exceeding 14 days at a time and for certain activities (research and<br>design; training seminars; purchasing; commercial transactions; translation<br>and interpretation). An economic needs test is not required.<br>SK: In case of supplying a service in the territory of Slovakia, a work<br>permit, including economic needs test, is required beyond seven days in a<br>month or 30 days in calendar year.|
|---|---|
|Research and design|AT: Work permit, including economic needs test, required, except for<br>research activities of scientific and statistical researchers.|

EU/UK/TCA/Annex 19-24/en 394

|Marketing research|AT: Work permit required, including economic needs test. Economic needs<br>test is waived for research and analysis activities for up to seven days in a<br>month or 30 days in a calendar year. University degree required.<br>CY: Work permit required, including economic needs test.|
|---|---|
|Trade fairs and<br>exhibitions|AT, CY: Work permit, including economic needs test, required for<br>activities beyond seven days in a month or 30 days in a calendar year.|
|After-sales or<br>after-lease service|AT: Work permit required, including economic needs test. Economic needs<br>test is waived for natural persons training workers to supply services and<br>possessing specialisedge knowledge.<br>CY, CZ : Work permit is required beyond seven days in a month or 30 days<br>in calendar year.<br>ES: Installers, repair and maintainers should be employed as such by the<br>legal person supplying the good or service or by an enterprise which is a<br>member of the same group as the originating legal person for at least three<br>months immediately preceding the date of submission of an application for<br>entry and they should possess at least 3 years of relevant professional<br>experience, where applicable, obtained after the age of majority.<br>FI: Depending on the activity, a residence permit may be required.<br>SE: Work permit required, except for (i) natural persons who participate in<br>training, testing, preparation or completion of deliveries, or similar<br>activities within the framework of a business transaction, or (ii) fitters or<br>technical instructors in connection with urgent installation or repair of<br>machinery for up to two months, in the context of an emergency. No<br>economic needs test required.|
|Commercial<br>transactions|AT, CY: Work permit, including economic needs test, required for<br>activities beyond seven days in a month or 30 days in a calendar year.<br>FI: The natural person needs to be supplying services as an employee of a<br>legal person of the other Party.|

EU/UK/TCA/Annex 19-24/en 395

|Tourism personnel|CY, ES, PL: Unbound.<br>FI: The natural person needs to be supplying services as an employee of a<br>legal person of the other Party.<br>SE: Work permit required, except for drivers and staff of tourist buses. No<br>economic needs test required.|
|---|---|
|Translation and<br>interpretation|AT: Work permit required, including economic needs test.<br>CY, PL: Unbound.|

7. The United Kingdom's non-conforming measures are:

Business visitors for establishment purposes

Intra-corporate transferees

EU/UK/TCA/Annex 19-24/en 396

Short-term business visitors

8. The activities Short-term business visitors are permitted to engage in are:

(a) meetings and consultations: natural persons attending meetings or conferences, or

engaged in consultations with business associates;

(b) research and design: technical, scientific and statistical researchers conducting

independent research or research for a legal person of the Party of which the Short-term

business visitor is a natural person;

(c) marketing research: market researchers and analysts conducting research or analysis for

a legal person of the Party of which the Short-term business visitor is a natural person;

(d) training seminars: personnel of an enterprise who enter the territory being visited by the

Short-term business visitor to receive training in techniques and work practices which

are utilised by companies or organisations in the territory being visited by the Short

term business visitor, provided that the training received is confined to observation,

familiarisation and classroom instruction only;

(e) trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting

their company or its products or services;

EU/UK/TCA/Annex 19-24/en 397

(f) sales: representatives of a supplier of services or goods taking orders or negotiating the

sale of services or goods or entering into agreements to sell services or goods for that

supplier, but not delivering goods or supplying services themselves. Short-term business

visitors shall not engage in making direct sales to the general public;

(g) purchasing: buyers purchasing goods or services for an enterprise, or management and

supervisory personnel, engaging in a commercial transaction carried out in the territory

of the Party of which the Short-term business visitor is a natural person;

(h) after-sales or after-lease service: installers, repair and maintenance personnel and

supervisors, possessing specialised knowledge essential to a seller's contractual

obligation, supplying services or training workers to supply services pursuant to a

warranty or other service contract incidental to the sale or lease of commercial or

industrial equipment or machinery, including computer software, purchased or leased

from a legal person of the Party of which the Short-term business visitor is a natural

person throughout the duration of the warranty or service contract;

(i) commercial transactions: management and supervisory personnel and financial services

personnel (including insurers, bankers and investment brokers) engaging in a

commercial transaction for a legal person of the Party of which the Short-term business

visitor is a natural person;

EU/UK/TCA/Annex 19-24/en 398

(j) tourism personnel: tour and travel agents, tour guides or tour operators attending or

participating in conventions or accompanying a tour that has begun in the territory of

the Party of which the Short-term business visitor is a natural person; and

(k) translation and interpretation: translators or interpreters supplying services as employees

of a legal person of the Party of which the Short-term business visitor is a natural

person.

______________

EU/UK/TCA/Annex 19-24/en 399

**ANNEX 22**

CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS

1. Each Party shall allow the supply of services in its territory by contractual service suppliers or

independent professionals of the other Party through the presence of natural persons, in

accordance with Article 143 of this Agreement, for the sectors listed in this Annex and subject

to the relevant limitations.

2. The list below is composed of the following elements:

(a) the first column indicating the sector or sub-sector for which the category of contractual

service suppliers and independent professionals is liberalised; and

(b) the second column describing the applicable limitations.

EU/UK/TCA/Annex 19-24/en 400

3. In addition to the list of reservations in this Annex, each Party may adopt or maintain a

measure relating to qualification requirements, qualification procedures, technical standards,

licensing requirements or licensing procedures that does not constitute a limitation within the

meaning of Article 143 of this Agreement. These measures, which include requirements to

obtain a licence, obtain recognition of qualifications in regulated sectors or to pass specific

examinations, such as language examinations, even if not listed in this Annex, apply in any

case to contractual service suppliers or independent professionals of the Parties.

4. The Parties do not undertake any commitment for contractual service suppliers and

independent professionals in economic activities which are not listed.

5. In identifying individual sectors and sub-sectors: CPC means the Central Products

Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series

M, N° 77, CPC prov., 1991.

6. In the sectors where economic needs tests are applied, their main criteria will be the

assessment of:

(a) for the United Kingdom, the relevant market situation in the United Kingdom; and

(b) for the Union, the relevant market situation in the Member State or the region where the

service is to be provided, including with respect to the number of, and the impact on,

services suppliers who are already supplying a service when the assessment is made.

EU/UK/TCA/Annex 19-24/en 401

7. The schedules in paragraphs 10 to 13 apply only to the territories of the United Kingdom and

the Union in accordance with Article 520(2) and Article 774 of this Agreement and are only

relevant in the context of trade relations between the Union and its Member States with the

United Kingdom. They do not affect the rights and obligations of the Member States under

Union law.

8. For greater certainty, for the Union, the obligation to grant national treatment does not entail

the requirement to extend to natural or legal persons of the United Kingdom the treatment

granted in a Member State, in application of the Treaty on the Functioning of the European

Union, or of any measure adopted pursuant to that Treaty, including their implementation in

the Member States, to:

(i) natural persons or residents of another Member State; or

(ii) legal persons constituted or organised under the law of another Member State or of the

Union and having their registered office, central administration or principal place of

business in the Union .

9. The following abbreviations are used in the lists below:

AT Austria

BE Belgium

BG Bulgaria

CY Cyprus

EU/UK/TCA/Annex 19-24/en 402

CZ Czechia

DE Germany

DK Denmark

EE Estonia

EL Greece

ES Spain

EU European Union, including all its Member States

FI Finland

FR France

HR Croatia

HU Hungary

IE Ireland

IT Italy

LT Lithuania

LU Luxembourg

EU/UK/TCA/Annex 19-24/en 403

LV Latvia

MT Malta

NL The Netherlands

PL Poland

PT Portugal

RO Romania

SE Sweden

SI Slovenia

SK Slovak Republic

CSS Contractual Service Suppliers

IP Independent Professionals

Contractual Service Suppliers

EU/UK/TCA/Annex 19-24/en 404

10. Subject to the list of reservations in paragraphs 12 and 13, the Parties take commitments in

accordance with Article 143 of this Agreement with respect to the mode 4 category of

Contractual Service Suppliers in the following sectors or sub-sectors:

(a) Legal advisory services in respect of public international law and home jurisdiction law;

(b) Accounting and bookkeeping services;

(c) Taxation advisory services;

(d) Architectural services and urban planning and landscape architectural services;

(e) Engineering services and integrated engineering services;

(f) Medical and dental services;

(g) Veterinary services;

(h) Midwives services;

(i) Services provided by nurses, physiotherapists and paramedical personnel;

(j) Computer and related services;

EU/UK/TCA/Annex 19-24/en 405

(k) Research and development services;

(l) Advertising services;

(m) Market research and opinion polling;

(n) Management consulting services;

(o) Services related to management consulting;

(p) Technical testing and analysis services;

(q) Related scientific and technical consulting services;

(r) Mining;

(s) Maintenance and repair of vessels;

(t) Maintenance and repair of rail transport equipment;

(u) Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport

equipment;

(v) Maintenance and repair of aircrafts and parts thereof;

EU/UK/TCA/Annex 19-24/en 406

(w) Maintenance and repair of metal products, of (non office) machinery, of (non transport

and non office) equipment and of personal and household goods;

(x) Translation and interpretation services;

(y) Telecommunication services;

(z) Postal and courier services;

(aa) Construction and related engineering services;

(bb) Site investigation work;

(cc) Higher education services;

(dd) Services relating to agriculture, hunting and forestry;

(ee) Environmental services;

(ff) Insurance and insurance related services advisory and consulting services;

(gg) Other financial services advisory and consulting services;

(hh) Transport advisory and consulting services;

EU/UK/TCA/Annex 19-24/en 407

(ii) Travel agencies and tour operators' services;

(jj) Tourist guides services;

(kk) Manufacturing advisory and consulting services.

Independent Professionals

11. Subject to the list of reservations in paragraphs 12 and 13, the Parties take commitments in

accordance with Article 143 of this Agreement with respect to the mode 4 category of

Independent Professionals in the following sectors or sub-sectors:

(a) Legal advisory services in respect of public international law and home jurisdiction law;

(b) Architectural services and urban planning and landscape architectural services;

(c) Engineering services and integrated engineering services;

(d) Computer and related services;

(e) Research and development services;

(f) Market research and opinion polling;

EU/UK/TCA/Annex 19-24/en 408

(g) Management consulting services;

(h) Services related to management consulting;

(i) Mining;

(j) Translation and interpretation services;

(k) Telecommunication services;

(l) Postal and courier services

(m) Higher education services;

(n) Insurance related services advisory and consulting services;

(o) Other financial services advisory and consulting services;

(p) Transport advisory and consulting services;

(q) Manufacturing advisory and consulting services.

12. The Union's reservations are:

EU/UK/TCA/Annex 19-24/en 409

|Sector or sub-sector|Description of reservations|
|---|---|
|All sectors|CSS and IP:<br>In AT: Maximum stay shall be for a cumulative period of not more<br>than six months in any 12 month period or for the duration of the<br>contract, whichever is less.<br>In CZ: Maximum stay shall be for a period of not more than 12<br>consecutive months or for the duration of the contract, whichever is<br>less.|
|Legal advisory services in<br>respect of public<br>international law and home<br>jurisdiction law<br>(part of CPC 861)|CSS:<br>In AT, BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, PT,<br>SE: None.<br>In BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI, SK: Economic needs<br>test.<br> <br>IP:<br>In AT, CY, DE, EE, FR, HR, IE, LU, LV, NL, PL, PT, SE: None.<br>In BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI, SK:<br>Economic needs tests.|
|Accounting and<br>bookkeeping services<br>(CPC 86212 other than<br>"auditing services", 86213,<br>86219 and 86220)|CSS:<br>In AT, BE, DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.<br>In BG, CZ, CY, DK, EL, FI, FR, HU, LT, LV, MT, RO, SK:<br>Economic needs test.<br> <br>IP:<br>EU: Unbound.|

EU/UK/TCA/Annex 19-24/en 410

|Sector or sub-sector|Description of reservations|
|---|---|
|Taxation advisory services<br>(CPC 863)1|CSS:<br>In AT, BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.<br>In BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic<br>needs test.<br>In PT: Unbound.<br> <br>IP:<br>EU: Unbound.|
|Architectural services<br>and<br>Urban planning and<br>landscape architectural<br>services<br>(CPC 8671 and 8674)|CSS:<br>In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI,<br>SE: None.<br>In FI: None, except: The natural person must demonstrate that he or<br>she possesses special knowledge relevant to the service being<br>supplied.<br>In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br>In AT: Planning services only, where: Economic needs test.<br> <br>IP:<br>In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE:<br>None.<br>In FI: None, except: The natural person must demonstrate that he or<br>she possesses special knowledge relevant to the service being<br>supplied.<br>In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.<br>In AT: Planning services only, where: Economic needs test.|

1 Does not include legal advisory and legal representational services on tax matters, which are
under legal advisory services in respect of public international law and home jurisdiction law.

EU/UK/TCA/Annex 19-24/en 411

|Sector or sub-sector|Description of reservations|
|---|---|
|Engineering services<br>and<br>Integrated engineering<br>services<br>(CPC 8672 and 8673)|CSS:<br>In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI,<br>SE: None.<br>In FI: None, except: The natural person must demonstrate that he or<br>she possesses special knowledge relevant to the service being<br>supplied.<br>In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br>In AT: Planning services only, where: Economic needs test.<br> <br>IP:<br>In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE:<br>None.<br>In FI: None, except: The natural person must demonstrate that he or<br>she possesses special knowledge relevant to the service being<br>supplied.<br>In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.<br>In AT: Planning services only, where: Economic needs test.|
|Medical (including<br>psychologists) and dental<br>services<br>(CPC 9312 and part of<br>85201)|CSS:<br>In SE: None.<br>In CY, CZ, DE, DK, EE, ES, IE, IT, LU, MT, NL, PL, PT, RO, SI:<br>Economic needs test.<br>In FR: Economic needs test, except for psychologists, where:<br>Unbound.<br>In AT: Unbound, except for psychologists and dental services,<br>where: Economic needs test.<br>In BE, BG, EL, FI, HR, HU, LT, LV, SK: Unbound.<br> <br>IP:<br>EU: Unbound.|

EU/UK/TCA/Annex 19-24/en 412

|Sector or sub-sector|Description of reservations|
|---|---|
|Veterinary services<br>(CPC 932)|CSS:<br>In SE: None.<br>In CY, CZ, DE, DK, EE, EL, ES, FI, FR, IE, IT, LT, LU, MT, NL,<br>PL, PT, RO, SI: Economic needs test.<br>In AT, BE, BG, HR, HU, LV, SK: Unbound.<br> <br>IP:<br>EU: Unbound.|
|Midwives services<br>(part of CPC 93191)|CSS:<br>In IE, SE: None.<br>In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL,<br>PL, PT, RO, SI: Economic needs test.<br>In BE, BG, FI, HR, HU, SK: Unbound.<br> <br>IP:<br>EU: Unbound.|
|Services provided by<br>nurses, physiotherapists and<br>paramedical personnel<br>(part of CPC 93191)|CSS:<br>In IE, SE: None.<br>In AT, CY, CZ, DE, DK, EE, EL, ES, FR, IT, LT, LV, LU, MT, NL,<br>PL, PT, RO, SI: Economic needs test.<br>In BE, BG, FI, HR, HU, SK: Unbound.<br> <br>IP:<br>EU: Unbound.|

EU/UK/TCA/Annex 19-24/en 413

|Sector or sub-sector|Description of reservations|
|---|---|
|Computer and related<br>services<br>(CPC 84)|CSS:<br>In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, LV, MT, NL, PL, PT,<br>SI, SE: None.<br>In FI: None, except: The natural person must demonstrate that he or<br>she possesses special knowledge relevant to the service being<br>supplied.<br>In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test except for CSS stays of up to three<br>months.<br> <br>IP:<br>In DE, EE, EL, FR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.<br>In FI: None, except: The natural person must demonstrate that he or<br>she possesses special knowledge relevant to the service being<br>supplied.<br>In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic<br>needs test.<br>In HR: Unbound.|

EU/UK/TCA/Annex 19-24/en 414

|Sector or sub-sector|Description of reservations|
|---|---|
|Research and development<br>Services<br>(CPC 851, 852 excluding<br>psychologists services1, <br>and 853)|CSS:<br>EU except in NL, SE: A hosting agreement with an approved<br>research organisation is required2. <br>EU except in CZ, DK, SK: None<br>In CZ, DK, SK: Economic needs test.<br> <br>IP:<br>EU except in NL, SE: A hosting agreement with an approved<br>research organisation is required3. <br>EU except in BE, CZ, DK, IT, SK: None<br>In BE, CZ, DK, IT, SK: Economic needs test.|
|Advertising services<br>(CPC 871)|CSS:<br>In BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.<br>In AT, BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK:<br>Economic needs test.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|

1 Part of CPC 85201, which is under medical and dental services.
2 For all Member States except DK, the approval of the research organisation and the hosting
agreement must meet the conditions set pursuant to EU Directive 2005/71/EC of
12 October 2005.
3 For all Member States except DK, the approval of the research organisation and the hosting
agreement must meet the conditions set pursuant to EU Directive 2005/71/EC of
12 October 2005.

EU/UK/TCA/Annex 19-24/en 415

|Sector or sub-sector|Description of reservations|
|---|---|
|Market research and<br>opinion polling services<br>(CPC 864)|CSS:<br>In BE, DE, EE, ES, FR, IE, IT, LU, NL, PL, SE: None.<br>In AT, BG, CZ, CY, DK, EL, FI, HR, LV, MT, RO, SI, SK:<br>Economic needs test.<br>In PT: None, except for public opinion polling services (CPC<br>86402), where: Unbound.<br>In HU, LT: Economic needs test, except for public opinion polling<br>services (CPC 86402), where: Unbound.<br> <br>IP:<br>In DE, EE, FR, IE, LU, NL, PL, SE: None.<br>In AT, BE, BG, CZ, CY, DK, EL, ES, FI, HR, IT, LV, MT, RO, SI,<br>SK: Economic needs test.<br>In PT: None, except for public opinion polling services (CPC<br>86402), where: Unbound.<br>In HU, LT: Economic needs test, except for public opinion polling<br>services (CPC 86402), where: Unbound.|
|Management consulting<br>services<br>(CPC 865)|CSS:<br>In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,<br>PT, SI, SE: None.<br>In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br> <br>IP:<br>In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE:<br>None.<br>In AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO, SK: Economic<br>needs test.|

EU/UK/TCA/Annex 19-24/en 416

|Sector or sub-sector|Description of reservations|
|---|---|
|Services related to<br>management consulting<br>(CPC 866)|CSS:<br>In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,<br>PT, SI, SE: None.<br>In AT, BG, CZ, CY, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br>In HU: Economic needs test, except for arbitration and conciliation<br>services (CPC 86602), where: Unbound.<br> <br>IP:<br>In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE:<br>None.<br>In AT, BE, BG, CZ, DK, ES, HR, IT, LT, RO, SK: Economic needs<br>test<br>In HU: Economic needs test, except for arbitration and conciliation<br>services (CPC 86602), where: Unbound.|
|Technical testing and<br>analysis services<br>(CPC 8676)|CSS:<br>In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.<br>In AT, BG, CZ, CY, FI, HU, LT, LV, MT, PT, RO, SK: Economic<br>needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|

EU/UK/TCA/Annex 19-24/en 417

|Sector or sub-sector|Description of reservations|
|---|---|
|Related scientific and<br>technical consulting<br>services<br>(CPC 8675)|CSS:<br>In BE, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE: None.<br>In AT, CZ,CY, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK:<br>Economic needs test.<br>In DE: None, except for publicly appointed surveyors, where:<br>Unbound.<br>In FR: None, except for "surveying" operations relating to the<br>establishment of property rights and to land law, where: Unbound.<br>In BG: Unbound.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|
|Mining (CPC 883, advisory<br>and consulting services<br>only)|CSS:<br>In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,<br>PT, SI, SE: None.<br>In AT, BG, CZ,CY, HU, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br> <br>IP:<br>In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.<br>In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK:<br>Economic needs test.|

EU/UK/TCA/Annex 19-24/en 418

|Sector or sub-sector|Description of reservations|
|---|---|
|Maintenance and repair of<br>vessels<br>(part of CPC 8868)|CSS:<br>In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None<br>In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK:<br>Economic needs test.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|
|Maintenance and repair of<br>rail transport equipment<br>(part of CPC 8868)|CSS:<br>In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE:<br>None.<br>In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic<br>needs test.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|
|Maintenance and repair of<br>motor vehicles,<br>motorcycles, snowmobiles<br>and road transport<br>equipment<br>(CPC 6112, 6122, part of<br>8867 and part of 8868)|CSS:<br>In BE, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None.<br>In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, MT, RO, SK:<br>Economic needs test.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|

EU/UK/TCA/Annex 19-24/en 419

|Sector or sub-sector|Description of reservations|
|---|---|
|Maintenance and repair of<br>aircraft and parts thereof<br>(part of CPC 8868)|CSS:<br>In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE:<br>None.<br>In AT, BG, CZ, CY, DE, DK, FI, HU, IE, LT, RO, SK: Economic<br>needs test.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|
|Maintenance and repair of<br>metal products, of (non<br>office) machinery, of (non<br>transport and non office)<br>equipment and of personal<br>and household goods1 <br>(CPC 633, 7545, 8861,<br>8862, 8864, 8865 and 8866)|CSS:<br>In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE:<br>None.<br>In AT, BG, CZ, CY, DE, DK, HU, IE, LT, RO, SK: Economic needs<br>test.<br>In FI: Unbound, except in the context of an after-sales or after-lease<br>contract; for maintenance and repair of personal and household<br>goods (CPC 633): Economic needs test.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|

1 Maintenance and repair services of office machinery and equipment including computers
(CPC 845) are under computer services.

EU/UK/TCA/Annex 19-24/en 420

|Sector or sub-sector|Description of reservations|
|---|---|
|Translation and<br>interpretation services<br>(CPC 87905, excluding<br>official or certified<br>activities)|CSS:<br>In BE, CY, DE, EE, EL, ES, FR, HR, IT, LU, MT, NL, PL, PT, SI,<br>SE: None.<br>In AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO, SK: Economic needs<br>test.<br> <br>IP:<br>In CY, DE, EE, FR, LU, LV, MT, NL, PL, PT, SI, SE: None.<br>In AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO, SK:<br>Economic needs test.<br>In HR: Unbound.|
|Telecommunication<br>services (CPC 7544,<br>advisory and consulting<br>services only)|CSS:<br>In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,<br>PT, SI, SE: None.<br>In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br> <br>IP:<br>In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE:<br>None.<br>In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO, SK: Economic<br>needs test.|

EU/UK/TCA/Annex 19-24/en 421

|Sector or sub-sector|Description of reservations|
|---|---|
|Postal and courier services<br>(CPC 751, advisory and<br>consulting services only)|CSS:<br>In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,<br>SI, SE: None.<br>In AT, BG, CZ, CY, FI, HU, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br> <br>IP:<br>In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.<br>In AT, BE, BG, CZ, CY, DK, ES, FI, HU, IT, LT, RO, SK:<br>Economic needs test.|
|Construction and related<br>engineering services<br>(CPC 511, 512, 513, 514,<br>515, 516, 517 and 518.<br>BG: CPC 512, 5131, 5132,<br>5135, 514, 5161, 5162,<br>51641, 51643, 51644, 5165<br>and 517)|CSS:<br>EU: Unbound except in BE, CZ, DK, ES, NL and SE.<br>In BE, DK, ES, NL, SE: None.<br>In CZ: Economic needs test.<br> <br>IP:<br>EU: Unbound, except NL. In NL: None.|
|Site investigation work<br>(CPC 5111)|CSS:<br>In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI,<br>SE: None.<br>In AT, BG, CZ,CY, FI, HU, LT, LV, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br> <br>IP:<br>EU: Unbound.|

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|Sector or sub-sector|Description of reservations|
|---|---|
|Higher education services<br>(CPC 923)|CSS:<br>EU except in LU, SE: Unbound.<br>In LU: Unbound, except for university professors, where: None.<br>In SE: None, except for publicly funded and privately funded<br>educational services suppliers with some form of State support,<br>where: Unbound.<br> <br>IP:<br>EU except in SE: Unbound.<br>In SE: None, except for publicly funded and privately funded<br>educational services suppliers with some form of State support,<br>where: Unbound.|
|Agriculture, hunting and<br>forestry (CPC 881, advisory<br>and consulting services<br>only)|CSS:<br>EU except in BE, DE, DK, ES, FI, HR and SE: Unbound<br>In BE, DE, ES, HR, SE: None<br>In DK: Economic needs test.<br>In FI: Unbound, except for advisory and consulting services relating<br>to forestry, where: None.<br> <br>IP:<br>EU: Unbound.|
|Environmental services<br>(CPC 9401, 9402, 9403,<br>9404, part of 94060, 9405,<br>part of 9406 and 9409)|CSS:<br>In BE, EE, ES, FI, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE:<br>None.<br>In AT, BG, CZ, CY, DE, DK, EL, HU, LT, LV, RO, SK: Economic<br>needs test.<br> <br>IP:<br>EU: Unbound.|

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|Sector or sub-sector|Description of reservations|
|---|---|
|Insurance and insurance<br>related services (advisory<br>and consulting services<br>only)|CSS:<br>In BE, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,<br>SI, SE: None.<br>In AT, BG, CZ,CY, FI, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test except for CSS stays of up to three<br>months.<br>In HU: Unbound.<br> <br>IP:<br>In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.<br>In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic<br>needs test.<br>In HU: Unbound.|
|Other financial services<br>(advisory and consulting<br>services only)|CSS:<br>In BE, DE, ES, EE, EL, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,<br>SI, SE: None.<br>In AT, BG, CZ, CY, FI, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS that stays of up to three<br>months.<br>In HU: Unbound.<br> <br>IP:<br>In DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.<br>In AT, BE, BG, CZ, CY, DK, ES, FI, IT, LT, PL, RO, SK: Economic<br>needs test.<br>In HU: Unbound.|

EU/UK/TCA/Annex 19-24/en 424

|Sector or sub-sector|Description of reservations|
|---|---|
|Transport (CPC 71, 72, 73,<br>and 74, advisory and<br>consulting services only)|CSS:<br>In DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT,<br>SI, SE: None.<br>In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br>In BE: Unbound.<br> <br>IP:<br>In CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE:<br>None.<br>In AT, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.<br>In PL: Economic needs test, except for air transport, where: None.<br>In BE: Unbound.|
|Travel agencies and tour<br>operators services<br>(including tour managers1) <br>(CPC 7471)|CSS:<br>In AT, CY, CZ, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE: None.<br>In BG, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br>In BE, IE: Unbound, except for tour managers, where: None.<br> <br>IP:<br>EU: Unbound.|

1 Services suppliers whose function is to accompany a tour group of a minimum of 10 natural
persons, without acting as guides in specific locations.

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|Sector or sub-sector|Description of reservations|
|---|---|
|Tourist guides services<br>(CPC 7472)|CSS:<br>In NL, PT, SE: None.<br>In AT, BE, BG, CY, CZ, DE, DK, EE, FI, FR, EL, HU, IE, IT, LV,<br>LU, MT, RO, SK, SI: Economic needs test.<br>In ES, HR, LT, PL: Unbound.<br> <br>IP:<br>EU: Unbound.|
|Manufacturing (CPC 884,<br>and 885, advisory and<br>consulting services only)|CSS:<br>In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL,<br>PT, SI, SE: None.<br>In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.<br>In DK: Economic needs test, except for CSS stays of up to three<br>months.<br> <br>IP:<br>In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.<br>In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, PL, RO, SK:<br>Economic needs test.|

EU/UK/TCA/Annex 19-24/en 426

13. The United Kingdom's reservations are:

|Sector or sub-sector|Description of reservations|
|---|---|
|All sectors|None|
|Legal advisory services in<br>respect of public<br>international law and home<br>jurisdiction law<br>(part of CPC 861)|CSS:<br>None.<br> <br>IP:<br>None.|
|Accounting and<br>bookkeeping services<br>(CPC 86212 other than<br>"auditing services", 86213,<br>86219 and 86220)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Taxation advisory services<br>(CPC 863)1|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Architectural services<br>and<br>Urban planning and<br>landscape architectural<br>services<br>(CPC 8671 and 8674)|CSS:<br>None.<br> <br>IP:<br>None.|

1 Does not include legal advisory and legal representational services on tax matters, which are
under legal advisory services in respect of public international law and home jurisdiction law.

EU/UK/TCA/Annex 19-24/en 427

|Sector or sub-sector|Description of reservations|
|---|---|
|Engineering services<br>and<br>Integrated engineering<br>services<br>(CPC 8672 and 8673)|CSS:<br>None.<br> <br>IP:<br>None.|
|Medical (including<br>psychologists) and dental<br>services<br>(CPC 9312 and part of<br>85201)|CSS:<br>Unbound.<br> <br>IP:<br>Unbound.|
|Veterinary services<br>(CPC 932)|CSS:<br>Unbound.<br> <br>IP:<br>Unbound.|
|Midwives services<br>(part of CPC 93191)|CSS:<br>Unbound.<br> <br>IP:<br>Unbound.|
|Services provided by<br>nurses, physiotherapists and<br>paramedical personnel<br>(part of CPC 93191)|CSS:<br>Unbound.<br> <br>IP:<br>Unbound.|

EU/UK/TCA/Annex 19-24/en 428

|Sector or sub-sector|Description of reservations|
|---|---|
|Computer and related<br>services<br>(CPC 84)|CSS:<br>UK: None.<br> <br>IP:<br>None.|
|Research and development<br>Services<br>(CPC 851, 852 excluding<br>psychologists services1, <br>and 853)|CSS:<br>None<br> <br>IP:<br>None|
|Advertising services<br>(CPC 871)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Market research and<br>opinion polling services<br>(CPC 864)|CSS:<br>None.<br> <br>IP:<br>None.|
|Management consulting<br>services<br>(CPC 865)|CSS:<br>None.<br> <br>IP:<br>None.|

1 Part of CPC 85201, which is under medical and dental services.

EU/UK/TCA/Annex 19-24/en 429

|Sector or sub-sector|Description of reservations|
|---|---|
|Services related to<br>management consulting<br>(CPC 866)|CSS:<br>None.<br> <br>IP:<br>None.|
|Technical testing and<br>analysis services<br>(CPC 8676)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Related scientific and<br>technical consulting<br>services<br>(CPC 8675)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Mining (CPC 883, advisory<br>and consulting services<br>only)|CSS:<br>None.<br> <br>IP:<br>None.|
|Maintenance and repair of<br>vessels<br>(part of CPC 8868)|CSS:<br>None<br> <br>IP:<br>Unbound.|

EU/UK/TCA/Annex 19-24/en 430

|Sector or sub-sector|Description of reservations|
|---|---|
|Maintenance and repair of<br>rail transport equipment<br>(part of CPC 8868)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Maintenance and repair of<br>motor vehicles,<br>motorcycles, snowmobiles<br>and road transport<br>equipment<br>(CPC 6112, 6122, part of<br>8867 and part of 8868)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Maintenance and repair of<br>aircraft and parts thereof<br>(part of CPC 8868)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Maintenance and repair of<br>metal products, of (non<br>office) machinery, of (non<br>transport and non office)<br>equipment and of personal<br>and household goods1 <br>(CPC 633, 7545, 8861,<br>8862, 8864, 8865 and 8866)|CSS:<br>None.<br> <br>IP:<br>Unbound.|

1 Maintenance and repair services of office machinery and equipment including computers
(CPC 845) are under computer services.

EU/UK/TCA/Annex 19-24/en 431

|Sector or sub-sector|Description of reservations|
|---|---|
|Translation and<br>interpretation services<br>(CPC 87905, excluding<br>official or certified<br>activities)|CSS:<br>None.<br> <br>IP:<br>None.|
|Telecommunication<br>services (CPC 7544,<br>advisory and consulting<br>services only)|CSS:<br>None.<br> <br>IP:<br>None.|
|Postal and courier services<br>(CPC 751, advisory and<br>consulting services only)|CSS:<br>None.<br> <br>IP:<br>None.|
|Construction and related<br>engineering services<br>(CPC 511, 512, 513, 514,<br>515, 516, 517 and 518.<br>BG: CPC 512, 5131, 5132,<br>5135, 514, 5161, 5162,<br>51641, 51643, 51644, 5165<br>and 517)|CSS:<br>Unbound.<br> <br>IP:<br>Unbound.|
|Site investigation work<br>(CPC 5111)|CSS:<br>None.<br> <br>IP:<br>Unbound.|

EU/UK/TCA/Annex 19-24/en 432

|Sector or sub-sector|Description of reservations|
|---|---|
|Higher education services<br>(CPC 923)|CSS:<br>Unbound.<br> <br>IP:<br>Unbound.|
|Agriculture, hunting and<br>forestry (CPC 881, advisory<br>and consulting services<br>only)|CSS:<br>Unbound<br> <br>IP:<br>Unbound.|
|Environmental services<br>(CPC 9401, 9402, 9403,<br>9404, part of 94060, 9405,<br>part of 9406 and 9409)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Insurance and insurance<br>related services (advisory<br>and consulting services<br>only)|CSS:<br>None.<br> <br>IP:<br>None.|
|Other financial services<br>(advisory and consulting<br>services only)|CSS:<br>None.<br> <br>IP:<br>None.|

EU/UK/TCA/Annex 19-24/en 433

|Sector or sub-sector|Description of reservations|
|---|---|
|Transport (CPC 71, 72, 73,<br>and 74, advisory and<br>consulting services only)|CSS:<br>None.<br> <br>IP:<br>None.|
|Travel agencies and tour<br>operators services<br>(including tour managers1) <br>(CPC 7471)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Tourist guides services<br>(CPC 7472)|CSS:<br>None.<br> <br>IP:<br>Unbound.|
|Manufacturing (CPC 884,<br>and 885, advisory and<br>consulting services only)|CSS:<br>None.<br> <br>IP:<br>None.|

______________

1 Services suppliers whose function is to accompany a tour group of a minimum of 10 natural
persons, without acting as guides in specific locations.

EU/UK/TCA/Annex 19-24/en 434

**ANNEX 23**

MOVEMENT OF NATURAL PERSONS

ARTICLE 1

Entry and temporary stay-related procedural commitments

The Parties shall endeavour to ensure that the processing of applications for entry and temporary

stay pursuant to their respective commitments in the Agreement follows good administrative

practice:

(a) Each Party shall ensure that fees charged by competent authorities for the processing of

applications for entry and temporary stay do not unduly impair or delay trade in services

under this Agreement;

(b) subject to the discretion of the competent authorities of each Party, documents required from

an applicant for applications for the grant of entry and temporary stay of short-term visitors

for business purposes should be commensurate with the purpose for which they are collected;

(c) complete applications for the grant of entry and temporary stay shall be processed by the

competent authorities of each Party as expeditiously as possible;

EU/UK/TCA/Annex 19-24/en 435

(d) the competent authorities of each Party shall endeavour to provide, without undue delay,

information in response to any reasonable request from an applicant concerning the status of

an application;

(e) if the competent authorities of a Party require additional information from an applicant in

order to process the application, they shall endeavour to notify, without undue delay, the

applicant;

(f) the competent authorities of each Party shall notify the applicant of the outcome of the

application promptly after a decision has been taken;

(g) if an application is approved, the competent authorities of each Party shall notify the applicant

of the period of stay and other relevant terms and conditions;

(h) if an application is denied, the competent authorities of a Party shall, upon request or upon

their own initiative make available to the applicant information on any available review and

appeal procedures; and

(i) each Party shall endeavour to accept and process applications in electronic format.

EU/UK/TCA/Annex 19-24/en 436

ARTICLE 2

Additional procedural commitments applying to intra-corporate transferees

and their partner, children and family members [1]

1. The competent authorities of each Party shall adopt a decision on an application for an intra

corporate transferee entry or temporary stay or a renewal thereof and notify the decision to the

applicant in writing, in accordance with the notification procedures under national law, as

soon as possible but not later than 90 days after the date on which the complete application

was submitted.

2. Where the information or documentation supplied in support of the application is incomplete,

the competent authorities concerned shall endeavour to notify the applicant within a

reasonable period of the additional information that is required and set a reasonable deadline

for providing it. The period referred to in paragraph 1 shall be suspended until the competent

authorities have received the additional information required.

3. The Union shall extend to family members of natural persons of the United Kingdom, who

are intra-corporate transferees to the Union, the right of entry and temporary stay granted to

family members of an intra-corporate transferee under Article 19 of Directive 2014/66/EU of

the European Parliament and of the Council **[2]** .

1 Paragraphs 1, 2 and 3 do not apply to the Member States that are not subject to the application
of Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on
the conditions of entry and residence of third-country nationals in the framework of an intracorporate transfer (OJ EU L 157, 27.5.2014, p. 1) (the "ICT Directive").
**2** Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the
conditions of entry and residence of third- country nationals in the framework of an intracorporate transfer (OJ EU L 157, 27.5.2014, p. 1).

EU/UK/TCA/Annex 19-24/en 437

4. The United Kingdom shall allow the entry and temporary stay of partners and dependent

children of intra-corporate transferees, as allowed under the United Kingdom's Immigration

Rules.

5. The United Kingdom shall allow the partners and dependent children of intra-corporate

transferees referred to in paragraph 4 to work for the duration of their visa, in an employed or

self-employed capacity, and shall not require them to obtain a work permit.

______________

EU/UK/TCA/Annex 19-24/en 438

**ANNEX 24**

GUIDELINES FOR ARRANGEMENTS

ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS

SECTION A

GENERAL PROVISIONS

Introduction

1. This Annex contains guidelines for arrangements on the conditions for the recognition of

professional qualifications ("arrangements"), as foreseen by Article 158 of this Agreement.

2. Pursuant to Article 158 of this Agreement, these guidelines shall be taken into account in the

development of joint recommendations by professional bodies or authorities of the Parties

("joint recommendations").

3. The guidelines are non-binding, non-exhaustive and do not modify or affect the rights and

obligations of the Parties under this Agreement. They set out the typical content of

arrangements, and provide general indications as to the economic value of an arrangement

and the compatibility of the respective professional qualifications regimes.

EU/UK/TCA/Annex 19-24/en 439

4. Not all elements of these guidelines may be relevant in all cases and professional bodies and

authorities are free to include in their joint recommendations any other element that they

consider pertinent for the arrangements of the profession and the professional activities

concerned, consistent with this Agreement.

5. The guidelines should be taken into account by the Partnership Council when deciding

whether to develop and adopt arrangements. They are without prejudice to its review of the

consistency of joint recommendations with Title II of Heading One of Part Two of this

Agreement and its discretion to take into account the elements it deems relevant, including

those contained in joint recommendations.

SECTION B

FORM AND CONTENT OF AN ARRANGEMENT

6. This section sets out the typical content of an arrangement, some of which is not within the

remit of the professional bodies or authorities preparing joint recommendations. These aspects

constitute, nonetheless, useful information to be taken into account in the preparation of joint

recommendations, so that they are better adapted to the possible scope of an arrangement.

EU/UK/TCA/Annex 19-24/en 440

7. Matters addressed specifically in this Agreement which apply to arrangements (such as the

geographical scope of an arrangement, its interaction with scheduled non-conforming

measures, the system of dispute resolution, appeal mechanisms, monitoring and review

mechanisms of the arrangement) should not be addressed by joint recommendations.

8. An arrangement may specify different mechanisms for the recognition of professional

qualifications within a Party. It may also be limited, but not necessarily so, to setting the

scope of the arrangement, the procedural provisions, the effects of recognition and additional

requirements, and the administrative arrangements.

9. An arrangement which is adopted by the Partnership Council should reflect the degree of

discretion that is intended to be preserved for competent authorities deciding on recognition.

Scope of an Arrangement

10. The arrangement should set out:

(a) the specific regulated profession(s), relevant professional title(s) and the activity or

group of activities covered by the scope of practice of the regulated profession in both

Parties ("scope of practice"); and

(b) whether it covers the recognition of professional qualifications for the purpose of access

to professional activities on a fixed-term or an indefinite basis.

EU/UK/TCA/Annex 19-24/en 441

Conditions for recognition

11. The arrangement may specify in particular:

(a) the professional qualifications necessary for recognition under the arrangement (for

example, evidence of formal qualification, professional experience, or other attestation

of competence);

(b) the degree of discretion preserved by recognition authorities when assessing requests for

recognition of these qualifications; and

(c) the procedures to deal with variations and gaps between professional qualifications and

means to bridge the differences, including the possibility for imposing any

compensatory measures or any other relevant conditions and limitations.

Procedural provisions

12. The arrangement may set out:

(a) the documents required and the form in which they should be presented (for example,

by electronic or other means, whether they should be supported by translations or

certifications of authenticity, etc.);

(b) the steps and procedures in the recognition process, including those relating to possible

compensatory measures, corresponding obligations and timelines; and

(c) the availability of information relevant to all aspects of the recognition processes and

requirements.

EU/UK/TCA/Annex 19-24/en 442

Effects of recognition and additional requirements

13. The arrangement may set out provisions on the effects of recognition (if relevant, also in

respect of different modes of supply).

14. The arrangement may describe any additional requirements for the effective exercise of the

regulated profession in the host Party. Such requirements may include:

(a) registration requirements with local authorities;

(b) appropriate language skills;

(c) proof of good character;

(d) compliance with the requirements of the host Party for use of trade or firm names;

(e) compliance with the rules of ethics, independence and professional conduct

requirements of the host Party;

(f) need to obtain professional indemnity insurance;

(g) rules on disciplinary action, financial responsibility and professional liability; and

(h) requirements for continuous professional development.

EU/UK/TCA/Annex 19-24/en 443

Administration of the arrangement

15. The arrangement should set out the terms under which it can be reviewed or revoked, and the

effects of any revision or revocation. Consideration may also be given to the inclusion of

provisions concerning the effects of any recognition previously accorded.

SECTION C

ECONOMIC VALUE OF AN ENVISAGED ARRANGEMENT

16. Pursuant to Article 158(2) of this Agreement, joint recommendations shall be supported by an

evidence-based assessment of the economic value of an envisaged arrangement. This may

consist of an evaluation of the economic benefits that an arrangement is expected to bring to

the economies of both Parties. Such an assessment may assist the Partnership Council when

developing and adopting an arrangement.

17. Aspects such as the existing level of market openness, industry needs, market trends and

developments, client expectations and requirements and business opportunities would

constitute useful elements.

18. The evaluation is not required to be a full and detailed economic analysis, but should provide

an explanation of the interest of the profession in, and the expected benefits for the Parties

ensuing from, the adoption of an arrangement.

EU/UK/TCA/Annex 19-24/en 444

SECTION D

COMPATIBILITY OF RESPECTIVE PROFESSIONAL QUALIFICATION REGIMES

19. Pursuant to Article 158(2) of this Agreement, joint recommendations shall be supported by an

evidence-based assessment of the compatibility of the respective professional qualification

regimes. This assessment may assist the Partnership Council when developing and adopting

an arrangement.

20. The following process aims at guiding professional bodies and authorities when assessing the

compatibility of the respective professional qualifications and activities with a view to

simplifying and facilitating the recognition of professional qualifications.

Step One: Assessment of the scope of practice and the professional qualifications required to

practise the regulated profession in each Party.

21. The assessment of the scope of practice and of the professional qualifications required to

practise a regulated profession in each of the Parties should be based on all relevant

information.

22. The following elements should be identified:

(a) activities or groups of activities covered by the scope of practice of the regulated

profession in each Party; and

EU/UK/TCA/Annex 19-24/en 445

(b) the professional qualifications required in each Party to practise the regulated

profession, which may include any of the following elements:

(i) the minimum education required, for example, entry requirements, level of

education, length of study and contents of study;

(ii) the minimum professional experience required, for example, location, length and

conditions of practical training or supervised professional practice prior to

registration, licensing or equivalent;

(iii) examinations passed, especially examinations of professional competency; and

(iv) the acquisition of a licence, or equivalent, certifying, inter alia, the fulfilment of

the necessary professional qualification requirements for the pursuit of the

profession.

Step Two: Evaluation of the divergence between the scope of practice of, or the professional

qualifications required to practise, the regulated profession in each Party.

23. The evaluation of the divergence in the scope of practice of, or in the professional

qualifications required to practise, the regulated profession, in each Party, should in particular

identify divergence that is substantial.

EU/UK/TCA/Annex 19-24/en 446

24. Substantial divergence in the scope of practice may exist if all of the following conditions are

met:

(a) one or more activities covered by a regulated profession in the host Party are not

covered by the corresponding profession in the Party of origin;

(b) such activities are subject to specific training in the host Party;

(c) the training for such activities in the host Party covers matters substantially diverging

from those covered by the applicant's qualification.

25. Substantial divergence in the professional qualifications required to practise a regulated

profession may exist if there are divergences in the Parties' requirements with regard to the

level, duration or content of the training that is required for the pursuit of activities covered by

the regulated profession.

Step Three: Recognition mechanisms

26. There may be different mechanisms for the recognition of professional qualifications,

depending on the circumstances. There may be different mechanisms within a Party.

27. If there is no substantial divergence in the scope of practice and in the professional

qualifications required to practise a regulated profession, an arrangement may provide for a

simpler, more streamlined recognition process than would be the case where substantial

divergence exists.

EU/UK/TCA/Annex 19-24/en 447

28. If there is substantial divergence, the arrangement may provide for compensatory measures

which are sufficient to remedy such divergence.

29. Where compensatory measures are used to reduce substantial divergence, they should be

proportionate to the divergence that they seek to address. Any practical professional

experience or formally validated training could be taken into account to assess the extent of

the compensatory measures needed.

30. Whether or not the divergence is substantial, the arrangement may take account of the degree

of discretion that is intended to be preserved for competent authorities deciding on recognition

requests.

31. Compensatory measures may take different forms, including:

(a) a period of supervised practice of a regulated profession in the host Party, possibly

accompanied by further training, under the responsibility of a qualified person and

subject to a regulated assessment;

(b) a test made or recognised by the relevant authorities of the host Party to assess the

applicant's ability to practice a regulated profession in that Party; or

(c) a temporary limitation of the scope of practice; or a combination of those.

EU/UK/TCA/Annex 19-24/en 448

32. The arrangement could envisage that a choice be given to applicants between different

compensatory measures where this could limit the administrative burden for applicants and

such measures are equivalent.

______________

EU/UK/TCA/Annex 19-24/en 449

**ANNEX 25**

PUBLIC PROCUREMENT

SECTION A

RELEVANT PROVISIONS OF THE GPA

Articles I to III, IV.1.a, IV.2 to IV.7, VI to XV, XVI.1 to XVI.3, XVII and XVIII.

SECTION B:

MARKET ACCESS COMMITMENTS

For the purposes of this Section, "CPC" means the Provisional Central Product Classification

(Statistical Papers, Series M No. 77, Department of International Economic and Social Affairs,

Statistical Office of the United Nations, New York, 1991).

EU/UK/TCA/Annex 25/en 1

SUB-SECTION B1

European Union

In accordance with Article 277(2) and (3) of this Agreement, Title VI of Heading One of Part Two

of this Agreement applies, in addition to the procurement covered by the annexes of the European

Union to Appendix I to the GPA, to the procurement covered by this Sub-section.

The Notes in Annexes 1 to 7 of the European Union to Appendix I to the GPA also apply to the

procurement covered by this Sub-section, unless otherwise provided for in this Sub-section.

Procurement covered by this Sub-section

1. Additional procuring entities

Procurement of goods and services as set out in Annexes 4 to 6 of the European Union to

Appendix I to the GPA, and in paragraph 2 of this Sub-section, by the following procuring entities

of the Member States:

EU/UK/TCA/Annex 25/en 2

(a) all contracting entities whose procurement is covered by Directive 2014/25/EU of the

European Parliament and of the Council **[1]** (the "EU Utilities Directive") which are contracting

authorities (e.g. those covered under Annex 1 and Annex 2 to Appendix I to the GPA) or

public undertakings [2] and which have as one of their activities:

(i) the provision or operation of fixed networks intended to provide a service to the public

in connection with the production, transport or distribution of gas or heat or the supply

of gas or heat to such networks; or

(ii) any combination between such activity and those referred to in Annex 3 to Appendix I

to the GPA;

(b) privately-owned procuring entities that have as one of their activities any of those referred to

in point (a) of this paragraph, in point 1 of Annex 3 to Appendix I to the GPA, or any

combination thereof and operate on the basis of special or exclusive rights granted by a

competent authority of a Member State;

**1** 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 EU Utilities Directive, a public undertaking is any undertaking over which
the contracting authorities may exercise directly or indirectly a dominant influence by virtue
of their ownership of it, their financial participation therein, or the rules which govern it.
A dominant influence on the part of the contracting authorities shall be presumed when these
authorities, directly or indirectly, in relation to an undertaking:
(i) hold the majority of the undertaking's subscribed capital,
(ii) control the majority of the votes attaching to shares issued by the undertaking, or
(iii) can appoint more than half of the undertaking's administrative, management or

supervisory body.

EU/UK/TCA/Annex 25/en 3

with regard to procurement equal to or above the following thresholds:

–
400 000 SDR for procurement of goods and services,

–
5 000 000 SDR for procurement of construction services (CPC 51).

2. Additional services

Procurement of the following services, in addition to the services listed under Annex 5 of the

European Union to Appendix I to the GPA, for entities covered under Annexes 1 to 3 of the

European Union to Appendix I to the GPA or under paragraph 1 of this Sub-section:

–
Hotel and restaurant services (CPC 641);

–
Food serving services (CPC 642);

–
Beverage serving services (CPC 643);

–
Telecommunication related services (CPC 754);

–
Real estate services on a fee or contract basis (CPC 8220);

–
Other business services (CPC 87901, 87903, 87905-87907);

–
Education services (CPC 92).

EU/UK/TCA/Annex 25/en 4

Notes:

1. Hotel and restaurant services (CPC 641), food serving services (CPC 642), beverage serving

services (CPC 643) and education services (CPC 92) contracts are included under the national

treatment regime for the suppliers, including service providers, of the United Kingdom,

provided that their value equals or exceeds EUR 750 000 when they are awarded by procuring

entities covered under Annexes 1 and 2 of the European Union to Appendix I to the GPA and

that their value equals or exceeds EUR 1 000 000 when they are awarded by procuring

entities covered under Annex 3 of the European Union to Appendix I to the GPA or by

procuring entities covered by paragraph 1 of this Sub-section.

2. The supply of gas or heat to networks which provide a service to the public by a procuring

entity other than a contracting authority shall not be considered as an activity within the

meaning of this Sub-section where:

(a) the production of gas or heat by the entity concerned takes place because its

consumption is necessary for carrying out an activity other than that referred to in this

Sub-section or in paragraphs (a) to (f) of Annex 3 of the European Union to Appendix I

to the GPA; and

(b) the supply to the public network is aimed only at the economic exploitation of such

production and amounts to not more than 20 % of the entity's turnover on the basis of

the average for the preceding three years, including the current year.

EU/UK/TCA/Annex 25/en 5

3. Title VI of Heading One of Part Two of this Agreement and this Annex do not cover

procurement of the following services:

(a) Human health services (CPC 931);

(b) Administrative healthcare services (CPC 91122); and

(c) Supply services of nursing personnel and supply services of medical personnel (CPC

87206 and CPC 87209).

SUB-SECTION B2

United Kingdom

In accordance with Article 277 (2) and (3) of this Agreement, Title VI of Heading One of Part Two

of this Agreement applies, in addition to the procurement covered by Article II of the GPA, to the

procurement covered by this Sub-section.

The Notes in Annexes 1 to 7 of the United Kingdom to Appendix I to the GPA also apply to the

procurement covered by this Sub-section, unless otherwise provided for in this Sub-section.

EU/UK/TCA/Annex 25/en 6

Procurement covered by this Sub-section

1. Additional procuring entities

Procurement of goods and services as set out in Annexes 4 to 6 of the United Kingdom's

Appendix I to the GPA, and in paragraph 2 of this Sub-section, by the following procuring entities

of the United Kingdom:

(a) all contracting entities whose procurement is covered by the Utilities Contracts

Regulation 2016 and the Utilities Contracts (Scotland) Regulations 2016 which are

contracting authorities (e.g. those covered under Annex 1 and Annex 2 to Appendix I to

the GPA) or public undertakings (see Note:1) and which have as one of their activities:

(i) the provision or operation of fixed networks intended to provide a service to the

public in connection with the production, transport or distribution of gas or heat or

the supply of gas or heat to such networks; or

(ii) any combination between such activity and those referred to in Annex 3 to

Appendix I to the GPA;

(b) privately-owned procuring entities that have as one of their activities any of those

referred to in point (a) of this paragraph, in point 1 of Annex 3 to Appendix I to the

GPA, or any combination thereof and operate on the basis of special or exclusive rights

granted by a competent authority of the United Kingdom;

EU/UK/TCA/Annex 25/en 7

with regard to procurement equal to or above the following thresholds:

–
400 000 SDR for procurement of goods and services,

–
5 000 000 SDR for procurement of construction services (CPC 51).

Notes to paragraph 1:

1. According to the Utilities Contracts Regulations 2016, a "public undertaking" means any

undertaking over which contracting authorities may exercise directly or indirectly a dominant

influence by virtue of:

(a) their ownership of that undertaking;

(b) their financial participation in that undertaking; or

(c) the rules which govern that undertaking.

2. According to the Utilities Contracts (Scotland) Regulations 2016, a "public undertaking"

means a person over which one or more contracting authorities are able to exercise, directly or

indirectly, a dominant influence by virtue of one or more of the following:

(a) their ownership of that person;

(b) their financial participation in that person;

EU/UK/TCA/Annex 25/en 8

(c) the rights accorded to them by the rules which govern that person.

3. According to both the Utilities Contracts Regulations 2016 and the Utilities Contracts

(Scotland) Regulations 2016, a dominant influence on the part of contracting authorities is

presumed in any of the following cases in which those authorities, directly or indirectly:

(a) hold the majority of the undertaking's subscribed capital;

(b) control the majority of the votes attaching to shares issued by the undertaking;

(c) can appoint more than half of the undertaking's administrative, management or

supervisory body.

2. Additional services

Procurement of the following services, in addition to the services listed under Annex 5 of the

United Kingdom to Appendix I to the GPA, for entities covered under Annexes 1 to 3 of the United

Kingdom to Appendix I to the GPA or under paragraph 1 of this Sub-section:

–
Hotel and restaurant services (CPC 641);

–
Food serving services (CPC 642);

–
Beverage serving services (CPC 643);

EU/UK/TCA/Annex 25/en 9

–
Telecommunication related services (CPC 754);

–
Real estate services on a fee or contract basis (CPC 8220);

–
Other business services (CPC 87901, 87903, 87905-87907);

–
Education services (CPC 92).

Notes:

1. Hotel and restaurant services (CPC 641), food serving services (CPC 642), beverage serving

services (CPC 643) and education services (CPC 92) contracts are included under the national

treatment regime for the suppliers, including service providers, of the European Union,

provided that their value equals or exceeds GBP 663 540 when they are awarded by procuring

entities covered under Annexes 1 and 2 of the United Kingdom to Appendix I to the GPA and

that their value equals or exceeds GBP 884 720 when they are awarded by procuring entities

covered under Annex 3 of the United Kingdom to Appendix I to the GPA or by procuring

entities covered by paragraph 1 of this Section.

2. The supply of gas or heat to networks which provide a service to the public by a procuring

entity other than a contracting authority shall not be considered as an activity within the

meaning of this Section where:

EU/UK/TCA/Annex 25/en 10

(a) the production of gas or heat by the entity concerned takes place because its

consumption is necessary for carrying out an activity other than that referred to in this

Section or in paragraphs (a) to (f) of Annex 3 of the United Kingdom to Appendix I to

the GPA; and

(b) the supply to the public network is aimed only at the economic exploitation of such

production and amounts to not more than 20 % of the entity's turnover on the basis of

the average for the preceding three years, including the current year.

3. Title VI of Heading One of Part Two of this Agreement and this Annex do not cover

procurement of the following services:

(a) Human health services (CPC 931);

(b) Administrative healthcare services (CPC 91122); and

(c) Supply services of nursing personnel and supply services of medical personnel (CPC

87206 and CPC 87209).

______________

EU/UK/TCA/Annex 25/en 11

**ANNEX 26**

LISTS OF ENERGY GOODS, HYDROCARBONS AND RAW MATERIALS

LIST OF ENERGY GOODS BY HS CODE

–
Natural gas, including liquefied natural gas, liquefied petroleum gas (LPG) (HS code 27.11)

–
Electrical energy (HS code 27.16)

–
Crude oil and oil products (HS code 27.09 - 27.10, 27.13-27.15)

–
Solid fuels (HS code 27.01, HS code 27.02, HS code 27.04)

–
Fuel wood and wood charcoal (HS code 44.01 and HS code 44.02 goods used for energy)

–
Biogas (HS code 38.25)

LIST OF HYDROCARBONS BY HS CODE

–
Crude oil (HS code 27.09)

–
Natural gas (HS code 27.11)

EU/UK/TCA/Annex 26-29/en 1

LIST OF RAW MATERIALS BY HS CHAPTER

|Chapter|Heading|
|---|---|
|25|Salt; sulphur; earths and stone; plastering materials, lime and cement|
|26|Ores, slag and ash, with the exception of uranium or thorium ores or concentrates<br>(HS code 26.12)|
|27|Mineral fuels, mineral oils and products of their distillation; bituminous substances;<br>mineral waxes|
|28|Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth<br>metals; of radioactive elements or of isotopes, with the exception of radioactive<br>chemical elements and radioactive isotopes (including the fissile or fertile chemical<br>elements and isotopes) and their compounds; mixtures and residues containing these<br>products (HS code 28.44); and isotopes other than those of heading no. 28.44;<br>compounds, inorganic or organic, of such isotopes, whether or not chemically defined<br>(HS code 28.45)|
|29|Organic chemicals|
|31|Fertilisers|
|71|Natural or cultured pearls, precious or semi-precious stones, precious metals, metals<br>clad with precious metal, and articles thereof, with the exception of pearls, natural or<br>cultured, whether or not worked or graded but not strung, mounted or set; pearls,<br>natural or cultured, temporarily strung for the convenience of transport (HS code 7101)|
|72|Iron and steel|
|74|Copper and articles thereof|
|75|Nickel and articles thereof|
|76|Aluminium and articles thereof|
|78|Lead and articles thereof|
|79|Zinc and articles thereof|
|80|Tin and articles thereof|
|81|Other base metals; cermets; articles thereof|

______________

EU/UK/TCA/Annex 26-29/en 2

**ANNEX 27**

ENERGY AND ENVIRONMENTAL SUBSIDIES

As part of the principles set out in Article 367(14) of this Agreement:

(1) Subsidies for electricity generation adequacy, renewable energy and cogeneration shall not

undermine the ability of a Party to meet its obligations under Article 304 of this Agreement,

shall not unnecessarily affect the efficient use of electricity interconnectors provided for under

Article 311 of this Agreement, and, without prejudice to Article 304(3) of this Agreement,

shall be determined by means of a transparent, non-discriminatory and effective competitive

process; and

(a) subsidies for electricity generation adequacy shall provide incentives for capacity

providers to be available in times of expected system stress and may be limited to

installations not exceeding specified CO 2 emission limits; and

(b) subsidies for renewable energy and cogeneration shall not affect beneficiaries’

obligations or opportunities to participate in electricity markets.

EU/UK/TCA/Annex 26-29/en 3

(2) Notwithstanding point 1, provided that appropriate measures are put in place to prevent

overcompensation, non-competitive procedures may be used to grant subsidies for renewable

energy and cogeneration if the potential supply is insufficient to ensure a competitive process,

the eligible capacity is unlikely to have a material effect on trade or investment between the

Parties, or subsidies are granted for demonstration projects.

(3) If partial exemptions from energy-related taxes and levies [1] in favour of energy-intensive users

are introduced, such exemptions shall not exceed the total amount of the tax or levy.

(4) If compensation for electricity-intensive users is granted in the event of an increase in

electricity cost resulting from climate policy instruments, it shall be restricted to sectors at

significant risk of carbon leakage due to the cost increase.

(5) Subsidies for the decarbonisation of emissions linked to own industrial activities shall achieve

an overall reduction in greenhouse gas emissions. The subsidies shall reduce the emissions

directly resulting from the industrial activity. Subsidies for improvements of the energy

efficiency of own industrial activities shall improve energy efficiency by reducing energy

consumption, either directly or per unit of production.

______________

1 For greater certainty, levies do not include network charges or tariffs.

EU/UK/TCA/Annex 26-29/en 4

**ANNEX 28**

NON-APPLICATION OF THIRD-PARTY ACCESS

AND OWNERSHIP UNBUNDLING TO INFRASTRUCTURE

A Party may decide not to apply Articles 306 and 307 of this Agreement to new infrastructure or to

a significant expansion of existing infrastructure where:

(a) the risk attached to the investment in the infrastructure is such that the investment would not

take place unless an exemption is granted;

(b) the investment enhances competition or security of supply;

(c) the infrastructure is owned by a natural or legal person separate, at least in terms of its legal

form, from the system operators in whose systems it was or is to be built;

(d) before granting the exemption, the Party has decided on the rules and mechanisms for

management and allocation of capacity.

______________

EU/UK/TCA/Annex 26-29/en 5

**ANNEX 29**

ALLOCATION OF ELECTRICITY INTERCONNECTOR CAPACITY

AT THE DAY-AHEAD MARKET TIMEFRAME

PART 1

1. The new procedure for the allocation of capacity on electricity interconnectors at the day

ahead market timeframe shall be based on the concept of "Multi-region loose volume

coupling".

The overall objective of the new procedure shall be to maximise the benefits of trade.

As the first step in developing the new procedure, the Parties shall ensure that transmission

system operators prepare outline proposals and a cost-benefit analysis.

2. Multi-region loose volume coupling shall involve the development of a market coupling

function to determine the net energy positions (implicit allocation) between:

(a) bidding zones established in accordance with Regulation (EU) 2019/943, which are

directly connected to the United Kingdom by an electricity interconnector; and

(b) the United Kingdom.

EU/UK/TCA/Annex 26-29/en 6

3. The net energy positions over electricity interconnectors shall be calculated via an implicit

allocation process by applying a specific algorithm to:

(a) commercial bids and offers for the day-ahead market timeframe from the bidding zones

established in accordance with Regulation (EU) 2019/943 which are directly connected

to the United Kingdom by an electricity interconnector;

(b) commercial bids and offers for the day-ahead market timeframe from relevant day

ahead markets in the United Kingdom;

(c) network capacity data and system capabilities determined in accordance with the

procedures agreed between transmission system operators; and

(d) data on expected commercial flows of electricity interconnections between bidding

zones connected to the United Kingdom and other bidding zones in the Union, as

determined by Union transmission system operators using robust methodologies.

This process shall be compatible with the specific characteristics of direct current electricity

interconnectors, including losses and ramping requirements.

4. The market coupling function shall:

EU/UK/TCA/Annex 26-29/en 7

(a) produce results sufficiently in advance of the operation of the Parties' respective day

ahead markets (for the Union this is single day-ahead coupling established in

accordance with Commission Regulation (EU) 2015/1222 [1] ) in order that such results

may be used as inputs into the processes which determine the results in those markets;

(b) produce results which are reliable and repeatable;

(c) be a specific process to link the distinct and separate day-ahead markets in the Union

and the United Kingdom; in particular, this means that the specific algorithm shall be

distinct and separate from that used in single day-ahead coupling established in

accordance with Regulation (EU) 2015/1222 and, in respect of commercial bids and

offers of the Union, only have access to those from bidding zones which are directly

connected to the United Kingdom by an electricity interconnector.

5. The calculated net energy positions shall be published following validation and verification. If

the market coupling function is unable either to operate or to produce a result, electricity

interconnector capacity shall be allocated by a fall-back process, and market participants shall

be notified that the fall-back process will apply.

6. The costs of developing and implementing the technical procedures shall be equally shared

between the relevant United Kingdom transmission system operators or other entities, on the

one side, and relevant Union transmission system operators or other entities, on the other side,

unless the Specialised Committee on Energy decides otherwise.

1 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity
allocation and congestion management (OJ EU L 197, 25.7.2015, p. 24).

EU/UK/TCA/Annex 26-29/en 8

PART 2

The timeline for the implementation of this Annex shall be from the entry into force of this

Agreement, as follows:

(a) within 3 months – cost benefit analysis and outline of proposals for technical procedures;

(b) within 10 months – proposal for technical procedures;

(c) within 15 months – entry into operation of technical procedures.

______________

EU/UK/TCA/Annex 26-29/en 9

**ANNEX 30**

AIRWORTHINESS AND ENVIRONMENT CERTIFICATION

SECTION A

GENERAL PROVISIONS

ARTICLE 1

Purpose and scope

1. The objective of this Annex is the implementation of cooperation in the following areas, in

accordance with Article 445(2) of this Agreement, describing the terms, conditions and

methods for reciprocal acceptance of findings of compliance and certificates:

(a) airworthiness certificates and monitoring of civil aeronautical products referred to in

point (a) of Article 445(1) of this Agreement;

EU/UK/TCA/Annex 30/en 1

(b) environmental certificates and testing of civil aeronautical products referred to in

point (b) of Article 445(1) of this Agreement; and

(c) design and production certificates and monitoring of design and production

organisations referred to in point (c) Article 445(1) of this Agreement.

2. Notwithstanding paragraph 1, used civil aeronautical products, other than used aircraft, are

excluded from the scope of this Annex.

ARTICLE 2

Definitions

For the purposes of this Annex, the following definitions apply:

(a) "acceptance" means the recognition of certificates, approvals, changes, repairs, documents

and data of one Party by the other Party without validation activities and without issuing a

corresponding certificate by that other Party;

(b) "authorised release certificate" means a certificate issued by an approved organisation or a

competent authority of the exporting Party as a form of recognition that a new civil

aeronautical product, other than an aircraft, conforms to a design approved by the exporting

Party and is in a condition for safe operation;

(c) "category of civil aeronautical products" means a set of products sharing common

characteristics, as grouped in the technical implementation procedures, on the basis of EASA

and UK CAA Certification Specifications;

EU/UK/TCA/Annex 30/en 2

(d) "certificating authority" means the technical agent of the exporting Party that issues a design

certificate for a civil aeronautical product in its capacity as an authority carrying out the State

of Design responsibilities set out in Annex 8 to the Convention on International Civil

Aviation. When a design certificate is issued by an approved organisation of the exporting

Party, the technical agent of the exporting Party is considered as the certificating authority;

(e) "design certificate" means a form of recognition by the technical agent or an approved

organisation of a Party that the design or change to a design of a civil aeronautical product

complies with airworthiness requirements, as applicable, and environmental protection

requirements, in particular concerning environmental characteristics set out in laws,

regulations and administrative provisions of that Party;

(f) "design-related operational requirements" means the operational, including environmental,

requirements affecting either the design features of the civil aeronautical product or data on

the design relating to the operations, or the maintenance of that product, which make it

eligible for a particular kind of operation;

(g) "export" means the process by which a civil aeronautical product is released from the

regulatory system for civil aviation safety of a Party to that of the other Party;

(h) "export certificate of airworthiness" means a certificate issued by the competent authority of

the exporting Party or, for used aircraft, by the competent authority of the State of Registry

from which the product is exported as a form of recognition that an aircraft conforms to the

applicable airworthiness and environmental protection requirements notified by the importing

Party;

EU/UK/TCA/Annex 30/en 3

(i) "exporting Party" means the Party from whose regulatory system for civil aviation safety a

civil aeronautical product is released;

(j) "import" means the process by which an exported civil aeronautical product from the

regulatory system for civil aviation safety of a Party is introduced into that of the other Party;

(k) "importing Party" means the Party into whose regulatory system for civil aviation safety a

civil aeronautical product is introduced;

(l) "major change" means all changes in type design other than "minor change";

(m) "minor change" means a change in type design that has no appreciable effect on the mass,

balance, structural strength, reliability, operational characteristics, environmental

characteristics, or other characteristics affecting the airworthiness of the civil aeronautical

product;

(n) "operational suitability data" means the required set of data to support and allow the type

specific operational aspects of certain types of aircraft that are regulated under the regulatory

system for civil aviation safety of the Union or of the United Kingdom. It must be designed

by the type certificate applicant or holder for the aircraft and be part of the type certificate.

Under the regulatory system for civil aviation safety of the Union or of the United Kingdom,

an initial application for a type certificate or restricted type certificate shall include, or be

subsequently supplemented by, the application for approval of operational suitability data, as

applicable to the aircraft type;

EU/UK/TCA/Annex 30/en 4

(o) "production approval" means a certificate issued by the competent authority of a Party to a

manufacturer which produces civil aeronautical products, as a form of recognition that the

manufacturer complies with applicable requirements set out in laws, regulations and

administrative provisions of that Party for the production of the particular civil aeronautical

products;

(p) "technical implementation procedures" means the implementation procedures for this Annex

developed by the technical agents of the Parties in accordance with Article 445(5) of this

Agreement;

(q) "validating authority" means the technical agent of the importing Party that accepts or

validates, as specified in this Annex, a design certificate issued by the certificating authority.

EU/UK/TCA/Annex 30/en 5

SECTION B

CERTIFICATION OVERSIGHT BOARD

ARTICLE 3

Establishment and composition

1. The Certification Oversight Board, accountable to the Specialised Committee on Aviation

Safety, is hereby established under the co-chairmanship of the technical agents of the Parties,

as a technical coordination body responsible for the effective implementation of this Annex. It

shall be composed of representatives from the technical agent of each Party and may invite

additional participants to facilitate the fulfilment of its mandate.

2. The Certification Oversight Board shall meet at regular intervals upon the request of either

technical agent, and take decisions and make recommendations by consensus. It shall develop

and adopt its rules of procedure.

ARTICLE 4

Mandate

The mandate of the Certification Oversight Board shall include in particular:

EU/UK/TCA/Annex 30/en 6

(a) developing, adopting, and revising the technical implementation procedures referred to in

Article 6;

(b) sharing information on major safety concerns and, where appropriate, developing action plans

to address them;

(c) resolving technical issues falling within the responsibilities of the competent authorities and

affecting the implementation of this Annex;

(d) where appropriate, developing effective means of cooperation, technical support and

exchange of information regarding safety and environmental protection requirements,

certification systems, and quality management and standardisation systems;

(e) conducting periodic reviews on the modalities of validation or acceptance of design

certificates set out in Articles 10 and 13;

(f) proposing amendments to this Annex to the Specialised Committee on Aviation Safety;

(g) in accordance with Article 29, defining procedures to ensure the continued confidence of each

Party in the reliability of the other Party's processes for findings of compliance;

(h) analysing and taking action regarding the implementation of the procedures referred to in

point (g); and

EU/UK/TCA/Annex 30/en 7

(i) reporting unresolved issues to the Specialised Committee on Aviation Safety and ensuring the

implementation of decisions taken by the Specialised Committee on Aviation Safety

regarding this Annex.

SECTION C

IMPLEMENTATION

ARTICLE 5

Competent authorities for design certification,

production certification and export Certificates

1. The competent authorities for design certification are:

(a) for the Union: the European Union Aviation Safety Agency; and

(b) for the United Kingdom: the Civil Aviation Authority of the United Kingdom.

2. The competent authorities for production certification and export certificates are:

EU/UK/TCA/Annex 30/en 8

(a) for the Union: the European Union Aviation Safety Agency and the competent

authorities of the Member States. As regards an export certificate for used aircraft, it is

the competent authority of the State of Registry for the aircraft from which the aircraft

is exported; and

(b) for the United Kingdom: the Civil Aviation Authority of the United Kingdom.

ARTICLE 6

Technical implementation procedures

1. The technical implementation procedures shall be developed by the technical agents of the

Parties through the Certification Oversight Board in order to provide specific procedures to

facilitate the implementation of this Annex, by defining the procedures for communication

activities between the competent authorities of the Parties.

2. The technical implementation procedures shall also address the differences between the

Parties' civil aviation standards, rules, practices, procedures and systems related to the

implementation of this Annex, as provided for in Article 445(5) of this Agreement.

EU/UK/TCA/Annex 30/en 9

ARTICLE 7

Exchange and protection of confidential and proprietary data and information

1. Data and information exchanged in the implementation of this Annex shall be subject to

Article 453 of this Agreement.

2. Data and information exchanged during the validation process shall be limited in nature and

content to what is necessary for the purpose of compliance demonstration with applicable

technical requirements, as detailed in the technical implementation procedures.

3. Any disagreement with regard to a data and information exchange between the competent

authorities shall be handled as detailed in the technical implementation procedures. Each

Party shall retain the right to refer the disagreement to the Certification Oversight Board for

resolution.

EU/UK/TCA/Annex 30/en 10

SECTION D

DESIGN CERTIFICATION

ARTICLE 8

General principles

1. This Section addresses all design certificates and changes thereto, where applicable, within

the scope of this Annex, in particular:

(a) type certificates, including restricted type certificates;

(b) supplemental type certificates;

(c) repair design approvals; and

(d) technical standard order authorisations.

2. The validating authority shall either validate, having regard to the level of involvement

referred to in Article 12, or accept a design certificate or a change that has been, or is in the

process of being, issued or approved by the certificating authority, in accordance with the

terms and conditions set out in this Annex and as detailed in the technical implementation

procedures, including its modalities of acceptance and validation of certificates.

EU/UK/TCA/Annex 30/en 11

3. For the implementation of this Annex, each Party shall ensure that, in its regulatory system

for civil aviation safety, the capability of any design organisation to assume its responsibilities

is sufficiently controlled through a system of certification for design organisations.

ARTICLE 9

Validation process

1. An application for the validation of a design certificate of a civil aeronautical product shall be

made to the validating authority through the certificating authority as detailed in the technical

implementation procedures.

2. The certificating authority shall ensure that the validating authority receives all the relevant

data and information necessary for the validation of the design certificate, as detailed in the

technical implementation procedures.

3. Upon receiving the application for the validation of the design certificate, the validating

authority shall determine the certification basis for the validation in accordance with Article

11, as well as the level of involvement of the validating authority in the validation process in

accordance with Article 12.

EU/UK/TCA/Annex 30/en 12

4. The validating authority shall, as detailed in the technical implementation procedures, base its

validation to the maximum extent practicable on the technical evaluations, tests, inspections,

and findings of compliance made by the certificating authority.

5. The validating authority shall, after examining relevant data and information provided by the

certificating authority, issue its design certificate for the validated civil aeronautical product

("validated design certificate") when:

(a) it is confirmed that the certificating authority has issued its own design certificate for

the civil aeronautical product;

(b) it has been stated by the certificating authority that the civil aeronautical product

complies with the certification basis referred to in Article 11;

(c) all issues raised during the validation process conducted by the validating authority

have been resolved; and

(d) additional administrative requirements, as detailed in the technical implementation

procedures, have been met by the applicant.

EU/UK/TCA/Annex 30/en 13

6. Each Party shall ensure that in order to obtain and maintain a validated design certificate, the

applicant holds and retains at the disposal of the certificating authority all relevant design

information, drawings and test reports, including inspection records for the certified civil

aeronautical product, in order to provide the information necessary to ensure the continued

airworthiness and compliance with applicable environmental protection requirements of the

civil aeronautical product.

ARTICLE 10

Modalities of the validation of design certificates

1. Type certificates issued by the technical agent of the Union as certificating authority shall be

validated by the technical agent of the United Kingdom as validating authority. The following

data shall be subject to acceptance:

(a) engine installation manual (for engine type certificate);

(b) structural repair manual;

(c) instruction for continued airworthiness of electrical wiring interconnection systems; and

(d) weight balance manual.

EU/UK/TCA/Annex 30/en 14

By way of technical implementation procedures, procedural detail may be established in

respect of acceptance of the relevant data. Any such procedural detail must not affect the

requirement of acceptance established in the first subparagraph.

2. Significant supplemental type certificates and approvals for significant major changes issued

by the technical agent of the Union as certificating authority shall be validated by the

technical agent of the United Kingdom as validating authority. A streamlined validation

process limited to the technical familiarisation without the involvement of the validating

authority in the showing of compliance activities by the applicant shall be used as a matter of

principle, unless otherwise decided by the technical agents on a case-by-case basis.

3. Type certificates issued by the technical agent of the United Kingdom as certificating

authority shall be validated by the technical agent of the Union as validating authority.

4. Supplemental type certificates, approvals for major changes, major repairs and technical

standard order authorisations issued by the technical agent of the United Kingdom as

certificating authority or by an approved organisation under laws and regulations of the

United Kingdom shall be validated by the technical agent of the Union as validating authority.

A streamlined validation process limited to the technical familiarisation without the

involvement of the validating authority in the showing of compliance activities by the

applicant may be used when decided by the technical agents on a case-by-case basis.

EU/UK/TCA/Annex 30/en 15

ARTICLE 11

Certification basis for the validation

1. For the purpose of validating a design certificate of a civil aeronautical product, the validating

authority shall refer to the following requirements set out in laws, regulations and

administrative provisions of its Party in determining the certification basis:

(a) the airworthiness requirements for a similar civil aeronautical product that were in effect

on the effective application date established by the certificating authority, and

complemented when applicable by additional technical conditions as detailed in the

technical implementation procedures; and

(b) the environmental protection requirements for the civil aeronautical product that were in

effect on the date of the application for the validation to the validating authority.

2. The validating authority shall specify, when applicable, any:

(a) exemption to the applicable requirements;

(b) deviation from the applicable requirements; or

EU/UK/TCA/Annex 30/en 16

(c) compensating factors that provide an equivalent level of safety when applicable

requirements are not complied with.

3. In addition to the requirements set out in paragraphs 1 and 2, the validating authority shall

specify any special condition to be applied if the related airworthiness codes, laws, regulations

and administrative provisions do not contain adequate or appropriate safety requirements for

the civil aeronautical product, because:

(a) the civil aeronautical product has novel or unusual design features relative to the design

practices on which the applicable airworthiness codes, laws, regulations and

administrative provisions are based;

(b) the intended use of the civil aeronautical product is unconventional; or

(c) experience obtained from other, similar civil aeronautical products in service or civil

aeronautical products having similar design features has shown that unsafe conditions

may develop.

4. When specifying exemptions, deviations, compensating factors or special conditions, the

validating authority shall give due consideration to these applied by the certificating authority

and they shall not be more demanding for the civil aeronautical products to be validated than

they would be for its own similar products. The validating authority shall notify the

certificating authority of any such exemptions, deviations, compensating factors or special

conditions.

EU/UK/TCA/Annex 30/en 17

ARTICLE 12

Level of involvement of the validating authority

1. The level of involvement of the validating authority of a Party during the validation process

referred to in Article 9 and as detailed in the technical implementation procedures, shall be

mainly determined by:

(a) the experience and records of the competent authority of the other Party as certificating

authority;

(b) the experience already gained by that validating authority during previous validation

exercises with the competent authority of the other Party;

(c) the nature of the design to be validated;

(d) the performance and experience of the applicant with the validating authority; and

(e) the outcome of qualification requirements assessments referred to in Articles 28 and

Article 29.

EU/UK/TCA/Annex 30/en 18

2. The validating authority shall exercise special procedures and scrutiny, in particular regarding

the certificating authority's processes and methods, during the first validation of any

certificate, where the certificating authority has not previously issued a certificate in the

category of civil aeronautical products concerned after 30 September 2004. The procedures

and criteria to be applied shall be detailed in the technical implementation procedures.

3. The effective implementation of the principles set out in paragraphs 1 and 2 shall be regularly

measured, monitored, reviewed by the Certification Oversight Board, using metrics as

detailed in the technical implementation procedures.

ARTICLE 13

Acceptance

1 For a design certificate subject to acceptance, the validating authority shall accept the design

certificate issued by the certificating authority without any validation activities. In that case,

the design certificate shall be recognised by the validating authority as equivalent to a

certificate issued in accordance with laws, regulations and administrative provisions of its

Party and the validating authority shall not issue its corresponding certificate.

EU/UK/TCA/Annex 30/en 19

2. Non-significant supplemental type certificates, non-significant major changes and technical

standard order authorisations issued by the technical agent of the Union as certificating

authority or by an approved organisation under Union law shall be accepted by the technical

agent of the United Kingdom as validating authority.

3. Minor changes and repairs approved by the technical agent of the Union as certificating

authority or by an approved organisation under Union law shall be accepted by the technical

agent of the United Kingdom as validating authority.

4. Minor changes and minor repairs approved by the technical agent of the United Kingdom as

certificating authority or by an approved organisation under laws and regulations of the

United Kingdom shall be accepted by the technical agent of the Union as validating authority.

ARTICLE 14

Implementation provisions for Articles 10 and 13

1. The minor change or major change classifications shall be made by the certificating authority

in accordance with the definitions set out in this Annex and interpreted in accordance with the

applicable rules and procedures of the certificating authority.

EU/UK/TCA/Annex 30/en 20

2. For classifying a supplemental type certificate or major change as significant or non

significant, the certificating authority shall consider the change in the context of all previous

relevant design changes and all related revisions to the applicable certification specifications

incorporated in the type certificate for the civil aeronautical product. Changes that meet either

of the following criteria are automatically considered as significant:

(a) the general configuration or the principles of construction are not retained; or

(b) the assumptions used for certification of the product to be changed do not remain valid.

ARTICLE 15

Existing design certificates

For the purposes of this Annex, the following apply:

(a) type certificates, supplemental type certificates, approvals for changes and repairs, as well as

technical standard order authorisations and changes thereto issued by the technical agent of

the Union to United Kingdom applicants, or by an approved design organisation located in the

United Kingdom, on the basis of Union law and valid on 31 December 2020 are deemed to

have been issued by the technical agent of the United Kingdom as certificating authority or by

an approved organisation under the laws and regulations of the United Kingdom and to have

been accepted by the technical agent of the Union as validating authority in accordance with

Article 13(1);

EU/UK/TCA/Annex 30/en 21

(b) type certificates, supplemental type certificates, approvals for changes and repairs, as well as

technical standard order authorisations and changes thereto issued by the technical agent of

the Union to Union applicants, or by a design organisation located in the Union, on the basis

of Union law and valid on 31 December 2020 are deemed to have been accepted by the

technical agent of the United Kingdom as validating authority in accordance with

Article 13(1).

ARTICLE 16

Transfer of a design certificate

In the event that a design certificate is transferred to another entity, the certificating authority

responsible for the design certificate shall promptly notify the validating authority of the transfer

and apply the procedure related to the transfer of design certificates as detailed in the technical

implementation procedures.

EU/UK/TCA/Annex 30/en 22

ARTICLE 17

Design-related operational requirements

1. The technical agents shall ensure that, where necessary, data and information related to

design-related operational requirements shall be exchanged during the validation process.

2. Subject to decision by the technical agents for some design-related operational requirements,

the validating authority may accept the compliance statement of the certificating authority

through the validation process.

ARTICLE 18

Operational documents and data related to the type

1 Some type-specific sets of operational documents and data, including operational suitability

data in the Union system and the equivalent data in the United Kingdom system, provided by

the type certificate holder shall be approved or accepted by the certificating authority and,

where necessary, exchanged during the validation process.

2. Operational documents and data referred to in paragraph 1 may be either accepted or

validated by the validating authority as detailed in the technical implementation procedures.

EU/UK/TCA/Annex 30/en 23

ARTICLE 19

Concurrent validation

When decided by the applicant and the technical agents, a concurrent certification and validation

process may be used, where appropriate and as detailed in the technical implementation procedures.

ARTICLE 20

Continuing airworthiness

1. The competent authorities shall take action to address unsafe conditions in civil aeronautical

products for which they are the certificating authority.

2. Upon request, a competent authority of a Party shall, in respect of civil aeronautical products

designed or manufactured under its regulatory system, assist the competent authority of the

other Party in determining any action considered to be necessary for the continued

airworthiness of the civil aeronautical products.

EU/UK/TCA/Annex 30/en 24

3. When in-service difficulties or other potential safety issues affecting a civil aeronautical

product within the scope of this Annex lead to an investigation conducted by the technical

agent of a Party that is the certificating authority for the civil aeronautical product, the

technical agent of the other Party shall, upon request, support that investigation, including by

providing relevant information reported by relevant entities on failures, malfunctions, defects

or other occurrences affecting that civil aeronautical product.

4. The reporting obligations of the design certificate holders to the certificating authority and the

information exchange mechanism established under this Annex shall be considered to fulfil

the obligation of each design certificate holder to report failures, malfunctions, defects or

other occurrences affecting that civil aeronautical product to the validating authority.

5. Actions to address unsafe conditions and exchange of safety information referred to in

paragraphs 1 to 4 shall be detailed in the technical implementation procedures.

6. The technical agent of a Party shall keep the technical agent of the other Party informed of all

its mandatory continuing airworthiness information in relation to civil aeronautical products

designed or manufactured under its oversight system, and which are within the scope of this

Annex.

7. Any changes to the airworthiness status of a certificate issued by a Party's technical agent

shall be communicated in a timely manner to the other Party's technical agent.

EU/UK/TCA/Annex 30/en 25

SECTION E

PRODUCTION CERTIFICATION

ARTICLE 21

Recognition of production certification and production oversight systems

1. The importing Party shall recognise the production certification and production oversight

system of the exporting Party, since the system is considered sufficiently equivalent to the

system of the importing Party within the scope of this Annex, subject to the provisions of this

Article.

2. The recognition of the production certification and production oversight system of the United

Kingdom by the Union is limited to the recognition of the production of categories of civil

aeronautical products that were already subject to that system on 31 December 2020, as

detailed in the technical implementation procedures.

EU/UK/TCA/Annex 30/en 26

3. In the event that a new category of civil aeronautical products is added to the exporting Party's

production certification and production oversight system, the competent authority of the

exporting Party shall notify the technical agent of the importing Party. Before extending the

recognition of the production certification and production oversight system to the new

category of civil aeronautical products, the technical agent of the importing Party may decide

to conduct an assessment to confirm that the production certification and production oversight

system of the exporting Party for this category of civil aeronautical products is sufficiently

equivalent to the production certification and production oversight system of the importing

Party. That assessment shall be performed as detailed in the technical implementation

procedures, and may include an assessment of the production approval holder under the

oversight of the competent authority of the exporting Party. The process for the extension of

the recognition of the production certification and production oversight system of the

exporting Party to the new category of civil aeronautical products by the importing Party shall

be detailed in the technical implementation procedures.

4. The recognition of the production certification and production oversight system of the

exporting Party by the importing Party shall be subject to the level of safety provided by the

production certification and production oversight system of the exporting Party remaining

sufficiently equivalent to that provided by the system of the importing Party. The equivalence

of the production certification and production oversight system shall be continuously

monitored through the procedures set out in Article 29.

EU/UK/TCA/Annex 30/en 27

5. Paragraphs 1 to 3 also apply to the production of a civil aeronautical product for which the

State of Design responsibilities are exercised by a country other than the exporting Party of

the civil aeronautical product, provided that the competent authority of the exporting Party

has established and implemented the necessary procedures with the relevant authority of the

State of Design to control the interface between the design certificate holder and the

production approval holder for that civil aeronautical product.

ARTICLE 22

Extension of production approval

1. A production approval issued by the competent authority of the exporting Party to a

manufacturer primarily located in the territory of that exporting Party and recognised under

Article 21(1) may be extended to include manufacturing sites and facilities of the

manufacturer located in the territory of the other Party or in the territory of a third country,

irrespective of the legal status of those manufacturing sites and facilities, and irrespective of

the type of civil aeronautical product manufactured in those sites and facilities. In that case,

the competent authority of the exporting Party shall remain responsible for the oversight of

those manufacturing sites and facilities and the competent authority of the importing Party

shall not issue its own production approval to these manufacturing sites and facilities for the

same civil aeronautical product.

EU/UK/TCA/Annex 30/en 28

2. If facilities and manufacturing sites for a manufacturer primarily located in the territory of the

exporting Party are located in the other Party, the competent authorities of both Parties shall

cooperate with each other, in the framework of Article 32, with a view to having the

importing Party participating in the oversight activities of the exporting Party in relation to

these facilities.

Article 23

Interface between the production approval holder and the design certificate holder

1. In cases where the production approval holder for a civil aeronautical product is regulated by

the competent authority of a Party, and the design certificate holder for the same civil

aeronautical product is regulated by the competent authority of the other Party, the competent

authorities of the Parties shall establish procedures to define the responsibilities of each Party

to control the interface between the production approval holder and the design certificate

holder.

2. For the purpose of export of civil aeronautical products within the framework of this Annex,

when the design certificate holder and the production approval holder are not the same legal

entity, the competent authorities of the Parties shall ensure that the design certificate holder

establishes proper arrangements with the production approval holder to ensure satisfactory

coordination between design and production and the proper support of the continued

airworthiness of the civil aeronautical product.

EU/UK/TCA/Annex 30/en 29

SECTION F

EXPORT CERTIFICATES

ARTICLE 24

Forms

The exporting Party's forms are:

(a) when the exporting Party is the United Kingdom, CAA Form 52 for new aircraft, export

certificate of airworthiness for used aircraft, and CAA Form 1 for other new products; and

(b) when the exporting Party is the Union, EASA Form 52 for new aircraft, export certificate of

airworthiness for used aircraft, and EASA Form 1 for other new products.

ARTICLE 25

Issuance of an export certificate

1. When issuing an export certificate, the competent authority or production approval holder of

the exporting Party shall ensure that such civil aeronautical product:

EU/UK/TCA/Annex 30/en 30

(a) conforms to the design automatically accepted or validated, or certified by the importing

Party in accordance with this Annex and as detailed in the technical implementation

procedures;

(b) is in a condition for safe operation;

(c) meets all additional requirements notified by the importing Party; and

(d) as regards civil aircraft, aircraft engines and aircraft propellers, complies with the

applicable mandatory continuing airworthiness information, including airworthiness

directives of the importing Party, as notified by that Party.

2. When issuing an export certificate of airworthiness for a used aircraft registered in the

exporting Party, in addition to the requirements referred to in points (a) to (d) of paragraph 1,

the competent authority of the exporting Party shall ensure that such aircraft has been

properly maintained using approved procedures and methods of the exporting Party during its

service life, as evidenced by logbooks and maintenance records.

EU/UK/TCA/Annex 30/en 31

ARTICLE 26

Acceptance of an export certificate for a new civil aeronautical product

The competent authority of the importing Party shall accept an export certificate issued by the

competent authority or a production approval holder of the exporting Party for a civil aeronautical

product, in accordance with the terms and conditions set out in this Annex and as detailed in the

technical implementation procedures.

ARTICLE 27

Acceptance of an export certificate of airworthiness for a used aircraft

1. The competent authority of the importing Party shall accept an export certificate of

airworthiness issued by the competent authority of the exporting Party for a used aircraft in

accordance with the terms and conditions set out in this Annex and the technical

implementation procedures only if a holder of either a type certificate or a restricted type

certificate exists for the used aircraft to support continued airworthiness of that type of

aircraft.

2. For an export certificate of airworthiness for a used aircraft manufactured under the

production oversight of the exporting Party to be accepted in accordance with paragraph 1, the

competent authority of the exporting Party shall assist, upon request, the competent authority

of the importing Party in obtaining data and information regarding:

EU/UK/TCA/Annex 30/en 32

(a) the configuration of the aircraft at the time of dispatch from the manufacturer; and

(b) subsequent changes and repairs applied to the aircraft that it has approved.

3. The importing Party may request inspection and maintenance records as detailed in the

technical implementation procedures.

4. If, in the process of assessing the airworthiness status of a used aircraft considered for export,

the competent authority of the exporting Party is unable to satisfy all of the requirements set

out in Article 25(2) and in paragraphs 1 and 2 of this Article, it shall:

(a) notify the competent authority of the importing Party;

(b) coordinate with the competent authority of the importing Party, as detailed in the

technical implementation procedures, their acceptance or rejection of the exceptions to

the applicable requirements; and

(c) keep a record of any accepted exceptions when exporting.

EU/UK/TCA/Annex 30/en 33

SECTION G

QUALIFICATION OF COMPETENT AUTHORITIES

ARTICLE 28

Qualification requirements for the acceptance of findings of compliance and certificates

1. Each Party shall maintain a structured and effective certification and oversight system for the

implementation of this Annex, including:

(a) a legal and regulatory framework, ensuring in particular regulatory powers over entities

regulated under the regulatory system for civil aviation safety of the Party;

(b) an organisational structure, including a clear description of responsibilities;

(c) sufficient resources, including qualified staff with sufficient knowledge, experience and

training;

(d) adequate processes documented in policies and procedures;

(e) documentation and records; and

EU/UK/TCA/Annex 30/en 34

(f) an established inspection programme ensuring uniform level of implementation of the

legal and regulatory framework among the various components of the oversight system.

ARTICLE 29

Continued qualifications of the competent authorities

1. In order to maintain mutual confidence in each Party's regulatory system concerning the

implementation of this Annex so that they ensure a sufficiently equivalent level of safety, the

technical agent of each Party shall regularly assess the other Party's competent authorities'

compliance with the qualification requirements referred to in Article 28. The modalities of

such continued mutual assessments shall be detailed in the technical implementation

procedures.

2. The competent authority of a Party shall cooperate with the competent authority of the other

Party whenever such assessments are required and ensure that regulated entities subject to its

oversight provide access to the technical agents of the Parties.

EU/UK/TCA/Annex 30/en 35

3. If the technical agent of either Party believes that the technical competence of a competent

authority of the other Party is no longer adequate, or that the acceptance of findings of

compliance made or certificates issued by that competent authority should be suspended as

the other Party's systems concerning the implementation of this Annex no longer ensure a

sufficiently equivalent level of safety to permit such acceptance, the technical agents of the

Parties shall consult in order to identify remedial actions.

4. If mutual confidence is not restored through mutually acceptable means, the technical agent of

each Party may refer the matter referred to in paragraph 3 to the Certification Oversight

Board.

5. If the matter is not resolved by the Certification Oversight Board, each Party may refer the

matter referred to in paragraph 3 to the Specialised Committee on Aviation Safety.

EU/UK/TCA/Annex 30/en 36

SECTION H

COMMUNICATIONS, CONSULTATIONS AND SUPPORT

ARTICLE 30

Communications

Subject to the exceptions decided by the technical agents of the Parties on a case-by-case basis, all

communications between the competent authorities of the Parties, including documentation as

detailed in the technical implementation procedures, shall be made in the English language.

ARTICLE 31

Technical consultations

1. The technical agents of the Parties shall address issues concerning the implementation of this

Annex through consultations.

2. If a mutually acceptable solution is not reached through consultations held pursuant to

paragraph 1, the technical agent of each Party may refer an issue as referred to in paragraph 1

to the Certification Oversight Board.

EU/UK/TCA/Annex 30/en 37

3. If the issue is not resolved by the Certification Oversight Board, each Party may refer an issue

as referred to in paragraph 1 to the Specialised Committee on Aviation Safety.

ARTICLE 32

Support for certification and continued airworthiness oversight activities

Upon request, after mutual consent, and as resources permit, the competent authority of a Party may

provide technical support, data and information to the competent authority of the other Party in

certification and continued airworthiness oversight activities related to design, production and

environmental protection certification. The support to be provided and the process for providing

such support shall be detailed in the technical implementation procedures.

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