Source: EURLEX
Language: en
Format: md

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.9.2025

COM(2025) 812 final

2025/0271(NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The attached proposal constitutes the legal instrument for authorising the conclusion of the Interim Agreement on Trade between the European Union and the United Mexican States (hereinafter referred to as ‘the ITA’).

Relations between the European Union (‘EU’) and the United Mexican States (‘Mexico’) are currently based on the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part (hereinafter referred to as ‘the Global Agreement’), which entered into force on 1 October 2000
[1](#footnote1)
. The trade pillar of the Global Agreement was expanded by two decisions of the Joint Council: Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 related to trade in goods
[2](#footnote2)
 and Decision No 2/2001 of the EU-Mexico Joint Council of 27 February 2001 on trade in services
[3](#footnote3)
.

Since the entry into force of the Global Agreement, the EU and Mexico have deepened their relations. In 2008, the EU and Mexico established a Strategic Partnership which introduced a bilateral dialogue and cooperation in new key policy areas, including multilateral issues, security and justice, macroeconomic aspects, and human rights.

In the Santiago Declaration of 27 January 2013, the Parties expressed their joint commitment to modernise and replace the existing Global Agreement to reflect new political and economic realities and the advancements made in their Strategic Partnership.

At the seventh EU-Mexico Summit in Brussels in June 2015, both sides reaffirmed their willingness to launch the process of starting negotiations, in accordance with the legal framework of each side, to modernise the Global Agreement and to reinforce the Strategic Partnership.

On 4 May 2016, the Council of the European Union authorised the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy to negotiate a modernised agreement with Mexico to replace the Global Agreement.

The negotiations were formally launched in May 2016. The negotiations were conducted in consultation with the Trade Policy Committee. The European Parliament has been kept fully informed about the outcome of the negotiations.

An agreement was reached on 17 January 2025. Trade negotiations were conducted to unfold the full potential of the bilateral relationship and help meet current global challenges.

The modernisation of the existing EU-Mexico Global Agreement revolves around two legal instruments:

1.The Political, Economic and Cooperation Strategic Partnership Agreement (also known as the ‘Modernised Global Agreement’ and hereinafter referred to as the ‘MGA’), which will include a) the political and cooperation pillar and b) the trade and investment pillar (inclusive of investment protection provisions); and

2.the Interim Agreement on Trade (hereinafter referred to as ‘the ITA’ or ‘the Agreement’) covering trade and investment liberalisation.

The ITA is intended to be signed at the same time as the MGA. The ITA will enter into force following the respective notifications of the Parties pursuant to Article 33.9 of the ITA. The ITA will expire and be replaced by the MGA upon the MGA’s full entry into force, following its full ratification.

•Consistency with existing policy provisions in the policy area

The ITA provides a modernised comprehensive legal framework for EU-Mexico trade and investment relations and replaces Titles III to V of the current Global Agreement, including a set of subsequent decision by its institutional bodies, which are listed in Annex 33 to the ITA.

Over the years, the EU and Mexico have concluded, in addition to the Global Agreement, several bilateral sectoral agreements, including the Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks signed in Brussels on 27 May 1997 (the ‘1997 Spirits Agreement’)
[4](#footnote4)
.

The 1997 Spirits Agreement is incorporated into the ITA. The other sectoral agreements not falling within the scope of the ITA will remain in place as separate agreements.

The ITA is fully in line with the overall EU vision for its partnership with Latin America and the Caribbean, as outlined in the Joint Communication to the European Parliament and the Council on a New Agenda for Relations between the EU and Latin America and the Caribbean, adopted on 7 June 2023.

In addition, the ITA is fully in line with the ‘Trade Policy Review - An Open, Sustainable and Assertive Trade Policy’ of February 2021 which anchors trade and investment policy to European and universal standards and values, alongside core economic interests, putting a greater emphasis on sustainable development, human rights, tax evasion, consumer protection, and responsible and fair trade.

•Consistency with other Union policies

The ITA is fully consistent with European Union policies and will not require the EU to amend its rules, regulations or standards in any regulated area, e.g. technical rules and product standards, sanitary or phytosanitary rules, regulations on food and safety, health and safety standards, rules on GMOs, environmental protection or consumer protection.

The ITA also includes a Chapter on Trade and Sustainable Development, which links the Agreement to the EU’s overall objectives of sustainable development and specific objectives in the areas of labour, environment, and climate change.

Furthermore, the ITA fully safeguards public services and ensures that governments’ right to regulate in the public interest is fully preserved by the Agreement and constitutes a basic underlying principle thereof.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

In accordance with Opinion 2/15 on the EU-Singapore FTA of the Court of Justice of 16 May 2017, all the areas covered by the ITA fall within the exclusive competence of the EU and, more particularly, within the scope of Articles 91, 100(2) and 207 TFEU.

Article 218(7) TFEU should also be added as a legal basis as it is appropriate for the Council to authorise the Commission to approve the position of the Union on certain modifications to the ITA. Therefore, the Commission should be authorised to approve modifications or rectifications to be adopted by the Trade Council pursuant to:

·Article 2.22(4) (Oenological Practices) as regards product definitions, oenological practices and restrictions included in Part A and B of Annex 2-E (Relevant Measures on Wine Products and Spirits).

·Article 2.24(8) (Certification of Wine Products and Spirits) as regards documentation and certification referred to in Part D (Documentation and Certification) of Annex 2-E (Relevant Measures on Wine Products and Spirits).

·Article 21.18 (Modifications and Rectifications of Coverage) as regards Annexes 21-A and 21-B which set out the commitments of each Party on covered procurement.

·Article 25.35 (Amendment of the List of Geographical Indications) as regards Annex 25-B (List of Geographical Indications) and Annexes I and II of the 1997 Spirits Agreement, incorporated in the ITA, which list the Geographical Indications of the EU and Mexico.

As a result, the ITA is to be concluded by the Union pursuant to a decision of the Council based on Article 218(6) TFEU, following the European Parliament’s consent.

•
   Subsidiarity (for non-exclusive competence)

The ITA as presented to the Council does not cover any matters that fall outside the EU’s exclusive competence.

•Proportionality

Trade agreements are the appropriate means to govern market access and the related areas of comprehensive economic relations with a third country outside the EU. No alternative means exist to render such commitments and liberalisation efforts legally binding.

This initiative directly pursues the objectives of the Union's external action and contributes to the political priority of 'EU as a stronger global actor’. It is in line with the EU Global Strategy’s orientations to engage with other countries and to revamp the EU’s external partnerships in a responsible way, in order to attain the EU's external priorities. It contributes to the EU’s trade and development objectives.

Negotiations for the ITA with Mexico were carried out in accordance with the negotiating directives set out by the Council. The outcome of the negotiations does not go beyond what is necessary to achieve the policy objectives set out in the negotiating directives.

•Choice of the instrument

This proposal is in accordance with Article 218(6) TFEU, which envisages the adoption by the Council of decisions on the conclusion of international agreements. There is no other legal instrument that could be used to achieve the objective expressed in this proposal.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

An assessment of six EU Free-Trade Agreements (including Mexico’s) commissioned by the Commission was carried out in February 2011. An ex-post evaluation of the trade pillar of the existing Global Agreement and an ex-ante assessment looking at options for modernisation were completed in 2016.

The analysis of the Global Agreement demonstrated that, while the coverage of the existing trade pillar was comprehensive at the time, there was scope for further improvements to the rules and for achieving further market access. It also concluded that it was necessary to update the Global Agreement to take account of the developments in the global trade landscape.

•Stakeholder consultations

The contractor for the external studies undertaken in support of the modernisation organised numerous consultation and outreach activities, including: (i) a dedicated website for documents and activities linked to the studies; (ii) an online survey of stakeholders, launched in October 2014; (iii) a local stakeholder workshop in Mexico, held in July 2015; and (iv) personal interviews.

As part of the Impact Assessment, DG Trade consulted interested stakeholders about the modernisation, including businesses, civil society stakeholders, non-governmental organisations, trade unions, trade associations, chambers of commerce and other private interests. These stakeholder consultations involved a number of different consultation activities including an open public online consultation (launched in July 2015).

The external studies, the Impact Assessment and the consultations held in the context of its preparation, provided the Commission with input that has been of great value in the ITA negotiations.

During the negotiations, meetings were held to debrief civil society organisations on the status of the negotiations and to exchange views on the modernisation (meetings in April and November 2017 in Brussels and in July 2017 in Mexico City).

Negotiations of the ITA were carried out in consultation with the Trade Policy Committee, as the special committee designated by the Council in accordance with Article 218(4) TFEU. The European Parliament and the European Economic and Social committee were also regularly informed through the Committee on International Trade (INTA), notably its Monitoring Group on Mexico. The texts progressively resulting from the negotiations were circulated throughout the process to both institutions.

•Collection and use of expertise

The ‘Ex-post evaluation of the implementation of the EU-Mexico Free Trade Agreement’ was carried out by the external contractor ‘Ecorys’.

A ‘Sustainability Impact Assessment (SIA) in support of the negotiations for the modernisation of the trade pillar of the Global Agreement with Mexico’ was carried out by the external contractor ‘LSE Enterprise’.

 •Impact assessment

The proposal was supported by an Impact Assessment published in January 2016
[5](#footnote5)
 which received a positive opinion
[6](#footnote6)
.

The Impact Assessment concluded that a comprehensive negotiation would deliver positive benefits for both the EU and Mexico. Such benefits included increases in GDP, welfare and exports, employment, wages (for both less skilled and more skilled employees), competitiveness and an improved position for both the EU and Mexico in respect of other global competitors. The inclusion of provisions on sustainable development would also have a positive impact on the promotion and respect of human rights, on the effective implementation of International Labour Organisation (ILO) core labour standards and on the progress towards ratification of the fundamental ILO Convention on the right to organise and collective bargaining not yet ratified by Mexico.

Furthermore, the SIA carried out during the negotiations provides a comprehensive assessment of the potential economic, social and environmental impacts of increased trade liberalisation under the ITA in the EU and Mexico. The SIA also analyses the potential impacts of the modernisation on human rights and on the manufacturing, agriculture and services sectors. The terms of reference, interim report and final report are available on the DG TRADE website:

<http://ec.europa.eu/trade/policy/policy-making/analysis/policy-evaluation/sustainability-impact-assessments/index_en.htm>

The EU and Mexico have reached an ambitious agreement in line with the most recent trade agreements such as those concluded by the EU with Canada, Japan, New Zealand and Chile. The Agreement will open new opportunities for trade and investment in both markets and support jobs in the EU.

The ITA will inter alia remove most customs duties, extend access to public contracts, open up the services’ market, offer predictable conditions for investors and help prevent illegal copying of EU innovations and traditional products. The ITA also contains all the guarantees to ensure that the economic gains do not come at the expense of fundamental rights, social standards, governments' right to regulate, environmental protection or consumers' health and safety.

•Regulatory fitness and simplification

The ITA is not subject to REFIT procedures. It nevertheless contains a framework for simplified trade and investment procedures, and reduced export and investment related costs and will therefore increase trade and investment opportunities for small and medium-sized enterprises (SMEs). Among the expected benefits are increased transparency, less burdensome technical rules, compliance requirements, customs procedures and rules of origin, enhanced protection of intellectual property rights and geographical indications, better access to procurement tender procedures, as well as a special chapter to enable SMEs to maximise the benefits from the Agreement.

•Fundamental rights

The proposal does not affect the protection of fundamental rights in the Union.

4.BUDGETARY IMPLICATIONS

The ITA would have very limited effects on national budgets and the EU budget, notably through the loss of own resources in the form of foregone customs duties, as most of the customs duties are already eliminated under the current Global Agreement. The loss from tariff revenue could be around EUR 18.75 million based on current trade flows. Indirect positive impacts are expected in terms of increases in resources linked to value added tax and gross national income.

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

The ITA includes institutional provisions that set up bodies tasked with monitoring its implementation, operation and impact.

The institutional provisions of the ITA establish the specific functions and tasks of the Trade Council and Trade Committee which will monitor the implementation and application of the ITA.

The Trade Committee will assist the Trade Council in the performance of its function and supervise the work of all Sub-Committees and other bodies established under the ITA. The Trade Committee will be comprised of representatives of the EU and Mexico with responsibility for trade-related matters who will meet on dates to be mutually agreed.

•Explanatory documents (for directives)

Not applicable.

•Detailed explanation of the specific provisions of the proposal

The ITA broadens the scope of the current bilateral framework and adjusts it to the new global political and economic challenges, to the new reality of the EU-Mexico partnership and to the level of ambition of recently concluded trade agreements and negotiations conducted by the EU and Mexico.

The ITA creates a coherent, comprehensive, up-to-date and legally binding framework for the EU's trade relations with Mexico. It will foster trade and investment by contributing to the expansion and diversification of economic and trade relations.

For the first time, the ITA includes a civil society consultation mechanism extended to the whole Agreement to allow civil society on both sides to make its voice heard on all the provisions in the Agreement.

The ITA includes a review clause to allow certain specific elements of the agreement to be discussed again three years after its entry into force.

In line with the objectives set by the negotiating directives, the ITA will seek to fulfil the aims listed below:

Provide important market access for agricultural and fisheries exports and improved rules

Under the current Global Agreement, all industrial goods and a considerable amount of agricultural and fisheries products had already been liberalised. With the modernisation, the chapter on Trade in Goods fully liberalised more than 98.7% of all tariff lines and removes 95% of the remaining Mexican tariffs on agricultural products.

The text on Trade in Goods contains additional and more extensive rules that will facilitate trade between the EU and Mexico. This includes provisions on fees and formalities, import and export licensing, prohibition of export duties, and binding of tariffs for which full duty elimination is not envisaged (standstill). It also contains new-generation provisions on export competition, remanufacturing, goods entered after repair and provisions to facilitate the temporary admission of goods.

Simplify Rules of Origin

The Rules of Origin (RoO) have been reviewed and, in some cases, simplified to take into consideration the need of industry, for example, for key industrial products such as cars and pharmaceuticals.

Modernise and simplify border procedures

The ITA contains an ambitious Chapter on Customs and Trade Facilitation based on the provisions of the WTO Agreement on Trade Facilitation (TFA) and goes even further in certain areas. The EU and Mexico undertake to apply simplified, modern and where possible automated procedures for the efficient and expedited release of goods through streamlined requirements on data and documentation, pre-arrival processing of customs documentation and information, and effective and non-discriminatory risk management. 

Ensure fair trade and business conditions

In order to be able to deal efficiently and effectively with unfair trading practices, improved disciplines regarding trade remedies have been agreed. In addition, the ITA contains provisions to protect domestic industries in the event that increased imports of a product arising from the Agreement are causing, or risk causing, serious injury to that industry. The ITA also contains a subsidy chapter which helps to level the playing field between EU and Mexican companies through (i) increased transparency for subsidies to both goods and services, (ii) consultations in case subsidies risk having a negative effect on trade, and (iii) rules on the most harmful subsidies (restructuring aid without restructuring plan and unlimited guarantees).

The ITA also ensures that companies respect the basic competition principles: no abuse of a dominant position, no agreements between companies that restrict competition, and scrutiny of the competitive effects of a merger. At the same time, the ITA will ensure a level playing field between public and private companies on the market. State-owned enterprises, enterprises granted special rights or privileges, and designated monopolies must act in a non-discriminatory manner and in line with commercial considerations when buying and selling goods and services on the market.

Enhance trade and investment in Critical Raw Materials

The ITA maintains tariff-free trade of critical raw materials, securing cheaper access and reduced costs for these materials essential for the EU’s green and digital transitions. Moreover, the new agreement will prohibit export monopolies and unjustified government intervention in the price setting of raw materials and will ban export or dual pricing where export prices are set above domestic prices. There are also specific provisions laid down for cooperation with Mexico in the raw materials value-chains.

Ensure sustainability and gender equality

The ITA contains an ambitious and comprehensive chapter on Trade and Sustainable Development, to better integrate sustainable development into the Parties’ trade and investment relationship through legally binding commitments on environmental protection, climate change and labour rights, provisions on cooperation and dialogue including with civil society, as well as dispute settlement procedures. This chapter also includes a review clause which requires the Parties to discuss possible further improvements of the sustainability provisions, including the provision of countermeasures in case of breaches and the possibility to consider the inclusion of the Paris Agreement as an essential element of the agreement. The review will be launched upon entry into force of the agreement and should be concluded within 12 months.

The Parties have also agreed on a Joint Declaration on trade and gender equality which includes provisions on the effective implementation of the international obligations addressing gender equality and women’s rights, and to strengthen cooperation on trade-related aspects of gender equality policies and measures. The Joint Declaration forms an integral part of the Agreement.

Focus on the needs of smaller businesses

The ITA requires the EU and Mexico to set up a website for SMEs which will make it easier for them to access information and therefore benefit from all provisions of the Agreement. Contact points in the EU and Mexico will work together to take into account the specific needs of SMEs and identify ways they can take advantage of new opportunities in each market.

Provide opportunities for service suppliers and rules for digital trade

The ITA contains comprehensive disciplines covering market access for services and investment in all sectors of the economy, and specific disciplines covering digital trade. It aims to create a level playing field especially for EU service suppliers involved in sectors such as telecommunications and financial services, as well as in areas such as delivery services and maritime services. The ITA also provides a framework for the Parties to recognise each other's qualifications in regulated professions such as architects, accountants, lawyers and engineers in the future. In digital trade, the Agreement establishes disciplines that apply horizontally (to online trade in goods, services, etc.) and that are indispensable for the proper functioning of trade online.

Encourage investment

The ITA contains provisions liberalising investment, following the same approach as that set out in the most ambitious EU trade agreements concluded so far. In particular, all substantive disciplines under the investment chapter will apply to both services and non-services sectors. In particular, investors and their investments will be able to benefit from the commitment to provide non-discriminatory treatment in comparison to domestic or third country investors and investments, as well as from the ambitious disciplines for market access (addressing quantitative restrictions such as monopolies and exclusive rights, quotas, and economic needs tests), as well as prohibition of certain performance requirements. On the energy sector, the ITA ensures that the Most Favoured Nation principle will be applied both in case of past and future FTAs that Mexico has entered or will enter into. The agreement therefore ensures that EU investors will be treated on a par with investors from Mexico’s other preferential trading partners.

Provide access to Mexican public tenders

The ITA provides for more opportunities for bidders for public procurement contracts. Mexico has opened up its government tenders to EU companies to a greater extent than to any of its other trading partners. EU companies will be able to bid to provide goods and services not only at federal level but also to the most economically important Mexican states, being the first non-Mexican companies to be able to do so. The EU and Mexico also undertake to subject their public procurement procedures to a modern set of rules, applying high standards of transparency, non-discrimination and equal treatment.

Set better protection for innovation and creative works

The ITA creates a level playing field by ensuring that Mexico and the EU also follow a common approach on enforcing Intellectual Property Rights (IPRs) and by ensuring that both sides will take action to fight against counterfeiting, piracy and uncompetitive practices. It ensures a high level of protection and enforcement of IPRs. It also includes the reciprocal protection of a selected list of Geographical Indications (GIs) of the EU and Mexico. In the case of the EU, 336 EU GIs will be protected. This is in addition to the EU spirits GIs already protected under the 1997 EU- Mexico Spirit Agreement, which is incorporated and made part of the ITA and will enjoy the same level of protection.

Ensure that safe agri-food products are traded without any unnecessary SPS constraints

The ITA include a comprehensive Chapter on Sanitary and Phytosanitary matters (SPS) providing many specific trade facilitation measures (including the elimination of pre-clearance). This should enable faster yet safe trade. Both the EU and Mexico keep their right to set the level of protection they consider appropriate.

Ensure that technical regulations, standards, and conformity assessment procedures are non-discriminatory and do not create unnecessary obstacles to trade

The ITA reiterates the commitment of the EU and Mexico to base their technical regulations on international standards and to agree on an open list of international standards setting organisations. On conformity assessment, the ITA recognises the different approaches of the Parties to conformity assessment and their relevant trade facilitation measures: for the EU the use the supplier’s declaration of conformity and for Mexico the recognition of product certification carried out in the EU.

Ensure transparency and good regulatory practices

The ITA includes a Chapter on Transparency with ambitious provisions on the publication, administration, and review and appeal of measures of general application related to trade matters and a chapter that lays down a set of good regulatory practices that EU and Mexico will use when developing regulations.

Implement modern procedures on dispute settlement

The ITA includes a Chapter on State-to-State Dispute Settlement that lays down effective and transparent modern procedures grounded in due process to prevent and solve any disputes between Mexico and the EU.

2025/0271 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union (‘TFEU’), and in particular Article 91(1), Article 100(2), and Article 207(4), first subparagraph, in conjunction with Article 218(6), second subparagraph, point (a), and Article 218(7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament
[7](#footnote7)
,

Whereas:

(1)In accordance with Council Decision No [XX]
[8](#footnote8)
, the Interim Agreement on Trade between the European Union and the United Mexican States (hereinafter ‘the Agreement’) was signed on [XX XXX 2025], subject to its subsequent conclusion.

(2)Pursuant to Article 218(7) of the TFEU, it is appropriate for the Council to authorise the Commission to approve on the Union’s behalf certain modifications to the Agreement.

(3)The Agreement, in accordance with Article 33.14 thereof, does not, within the Union, confer rights or impose obligations on persons, other than those created between the Parties under public international law. The Agreement therefore cannot be directly invoked before the courts of the Union or of the Member States.

(4)The Agreement should be approved on behalf of the Union,

HAS ADOPTED THIS DECISION:

Article 1

The Interim Agreement on Trade between the European Union and the United Mexican States ('the Agreement') is hereby approved on behalf of the Union. 
[9](#footnote9)\* 

Article 2

1.For the purpose of Article 2.22(4) of the Agreement any modification of product definitions, oenological practices and restrictions under Part A and B of Annex 2-E of the Agreement shall be approved by the Commission on behalf of the Union.

2.For the purpose of article 2.24(8) of the Agreement any modification to the documentation and certification under Part D of Annex 2-E shall be approved by the Commission on behalf of the Union.

Article 3

For the purposes of Article 21.18 of the Agreement, any modification or rectification to commitments under Annexes 21-A and 21-B to the Agreement shall be approved by the Commission on behalf of the Union.

Article 4

For the purpose of Article 25.35 of the Agreement, any modification or rectification to the list of geographical indications under Annex 25-B of the Agreement and Annexes I and II of the 1997 Spirits Agreement, incorporated in the Agreement pursuant to Article 25.41, shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach an agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council.

Article 5

This Decision shall enter into force on

Done at Brussels,

For the Council

   The President

  

LEGISLATIVE FINANCIAL STATEMENT ‘REVENUE’- FOR PROPOSALS HAVING BUDGETARY IMPACT ON THE REVENUE SIDE OF THE BUDGET

1.NAME OF THE PROPOSAL:

Proposal for a Council Decision on the conclusion of the Interim Agreement on Trade between the European Union and the United Mexican States.

2.BUDGET LINES:

Revenue line (Chapter/Article/Item): Chapter 12, Article 120 

Amount budgeted for the year concerned (2025): EUR 21 082 004 566

(only in case of assigned revenues):

The revenues will be assigned to the following expenditure line (Chapter/Article/Item):

3.FINANCIAL IMPACT

◻
   Proposal has no financial implications

X
   Proposal has no financial impact on expenditure but has a financial impact on revenue

◻
   Proposal has a financial impact on assigned revenue

The effect is as follows: 

(EUR million to one decimal place)

|  |  |  |  |
| --- | --- | --- | --- |
| Revenue line | Impact on revenue | 12 months | Year 2026 |
| Chapter 12/Article 120 | EUR 18.75 mn | Entry into force expected beginning 2026 | 0 |
| Chapter 12/Article/120 |  |  |  |

|  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- |
| Situation following action | | | | | |
| Revenue line | [N+15] | [N+16] | [N+17] | [N+18] | [N+19] |
| Chapter 12/Article 120 | EUR 1 billion | EUR 1 billion | EUR 1 billion | EUR 1 billion | EUR 1 billion |
| Chapter/Article/Item … |  |  |  |  |  |

(Only in case of assigned revenues, under the condition that the budget line is already known):

|  |  |  |
| --- | --- | --- |
| Expenditure line [10](#footnote10) | Year N | Year N+1 |
| Chapter/Article/Item … |  |  |
| Chapter/Article/Item … |  |  |

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Expenditure line | [N+2] | [N+3] | [N+4] | [N+5] |
| Chapter/Article/Item … |  |  |  |  |
| Chapter/Article/Item … |  |  |  |  |

4.ANTI-FRAUD MEASURES

5.OTHER REMARKS

The proposed Regulation does not incur additional costs (expenditure) in the EU budget.

The ITA will have a financial impact on the EU budget on the side of the revenues. The ITA will lead to an estimated loss of duties of EUR 18.75 million at the entry into force of the Agreement.
[11](#footnote11)
 

Indirect positive impacts are expected in terms of increases in resources linked to value added tax and gross national income.

:   [(1)](#footnoteref1)
       OJ L276, 28.10.2000, p. 44-80.
:   [(2)](#footnoteref2)
       
       OJ L 157, 30.6.2000, p. 10–29.
:   [(3)](#footnoteref3)
       OJ L 70, 12.3.2001, p. 7–50.
:   [(4)](#footnoteref4)
       OJ L 152, 11.6.1997, p. 16–26.
:   [(5)](#footnoteref5)
       
    <http://ec.europa.eu/smart-regulation/impact/ia_carried_out/docs/ia_2015/swd_2015_0290_en.pdf>
:   [(6)](#footnoteref6)
       
       
    <http://ec.europa.eu/smart-regulation/impact/ia_carried_out/docs/ia_2015/sec_2015_0498_en.pdf>
:   [(7)](#footnoteref7)
       OJ C , , p. .
:   [(8)](#footnoteref8)
       [Reference to be inserted]
:   [(9)](#footnoteref9)
    \*
       The text of the Agreement is published in OJ L, XXXXX, ELI
:   [(10)](#footnoteref10)
       To be used only if necessary.
:   [(11)](#footnoteref11)
       The estimated amount of revenue losses at EUR 18.75 mn is net of collection costs (a 25% has been deducted from the estimated revenue loss of EUR 25 mn).

[Top](#document1)

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.9.2025

COM(2025) 812 final

ANNEX

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

INTERIM AGREEMENT ON TRADE 
  
BETWEEN THE EUROPEAN UNION 
  
AND THE UNITED MEXICAN STATES

PREAMBLE

The European Union, hereinafter referred to as "the Union" or "the EU",

and

the United Mexican States, hereinafter referred to as "Mexico",

hereinafter jointly referred to as "the Parties" or individually referred to as "Party",

CONSIDERING the strong cultural, political and economic ties which unite them;

MINDFUL of the significant contribution to strengthen those ties made by the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997;

CONSIDERING their joint commitment expressed in the Santiago Declaration of 27 January 2013 to modernise and replace the existing Economic Partnership, Political Coordination and Cooperation Agreement to reflect new political and economic realities and the advancements made in their strategic partnership;

EMPHASISING the comprehensive nature of their relationship and the importance of providing a coherent framework for its further promotion;

AFFIRMING their status as strategic partners and their determination to further enhance and deepen their partnership and their international cooperation and dialogue in order to advance their shared interests and values;

AFFIRMING their commitment to strengthen cooperation on bilateral, regional, bi-regional, and international issues of common concern;

RECOGNISING the interim character of this Agreement that will strengthen bilateral economic and trade relations between the Parties, subsumed under the Modernised Global Agreement and that this Agreement will cease to apply once the latter enters into force;

ACKNOWLEDGING the importance of a strong and effective multilateral system, based upon international law, in preserving peace, preventing conflicts and strengthening international security and in tackling common challenges;

REAFFIRMING their commitment to expand and diversify their trade relation in conformity with the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement") and the specific objectives and provisions set out in this Agreement;

CONVINCED that this Agreement will create a climate conducive to growth in sustainable economic relations between them, in particular in terms of trade and investment, which are essential to the realisation of economic and social development and technological innovation and modernisation;

  

WELCOMING the adoption of the Resolution 70/1 adopted by the General Assembly of the United Nations on 25 September 2015 containing the outcome document "Transforming our world: the 2030 Agenda for Sustainable Development" (hereinafter referred to as the "2030 Agenda"), the Paris Agreement under the United Nations Framework Convention on Climate Change, done at Paris on 12 December 2015 (hereinafter referred to as the "Paris Agreement"), as well as the Sendai Framework for Disaster Risk Reduction 2015-2030, adopted at the Third UN World Conference in Sendai on 18 March 2015, the Addis Ababa Action Agenda of the Third International Conference on Financing for Development, adopted at Addis Ababa on 13-16 July 2015, the World Humanitarian Summit Commitments, adopted at the World Humanitarian Summit in Istanbul on 23-24 May 2016, and the New Urban Agenda, adopted during the UN Conference on Housing and Sustainable Urban Development (Habitat III) in Quito on 20 October 2016 (hereinafter referred to as the "New Urban Agenda"), and calling for their swift implementation;

REAFFIRMING their commitment to overcome global challenges by promoting sustainable development in its economic, social and environmental dimensions, by contributing to the achievement of the Sustainable Development Goals (hereinafter referred to as the "SDGs") and targets of the 2030 Agenda;

REAFFIRMING their commitment to promote international trade in such a way as to contribute to sustainable development in its economic, social and environment dimensions, through partnerships involving all relevant stakeholders, including civil society and the private sector, and to implement this Agreement in a manner consistent with their respective laws and international labour and environmental commitments;

  

RECOGNISING the importance of strengthening their economic, trade and investment relations, and of promoting the liberalisation of trade and investment between them, to bring economic growth, create new opportunities for workers and the business communities of each Party, in particular small and medium-sized enterprises;

RECOGNISING that this Agreement contributes to enhancing consumer welfare and to ensuring a high level of living standards and consumer protection;

ENCOURAGING enterprises operating within their territory or subject to their jurisdiction to respect internationally recognised guidelines and principles of corporate social responsibility, including the OECD Guidelines for Multinational Enterprises, and to pursue best practices of responsible business conduct;

RECOGNISING that the provisions of this Agreement preserve the right of the Parties to regulate within their territories in conformity with their internal legislation and the Parties' flexibility to achieve legitimate policy objectives, such as public health, safety, environment, public morals and the promotion and protection of cultural diversity, among others;

RECOGNISING the importance of transparency, good governance and the rule of law in international trade and investment to the benefit of all stakeholders;

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

HAVE AGREED AS FOLLOWS:

  

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1.1

Establishment of a Free Trade Area

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

ARTICLE 1.2

Objectives

The objectives of this Agreement are:

(a)
   the expansion and diversification of trade in goods, in conformity with Article XXIV of GATT 1994, between the Parties through the reduction or the elimination of customs duties and non-tariff barriers to trade;

  

(b)
   the facilitation of trade in goods, in particular through the provisions regarding customs and trade facilitation, standards, technical regulations and conformity assessment procedures as well as sanitary and phytosanitary measures, while preserving the right of each Party to regulate within its territory and to achieve public policy objectives;

(c)
   the liberalisation of trade in services, in conformity with Article V of GATS;

(d)
   the development of a framework conducive to increased investment flows by providing transparent, stable and predictable rules governing the conditions for establishment and operation of enterprises and the related movement of capital, and guaranteeing an appropriate balance between the liberalisation of investments and the right of each Party to regulate in order to achieve legitimate policy objectives;

(e)
   the effective and reciprocal opening of government procurement markets of the Parties;

(f)
   the promotion of innovation and creativity by ensuring an adequate and effective protection of intellectual property rights, in accordance with international obligations in force between the Parties, and the balance between this protection and the public interest;

(g)
   the conduct of trade and investment relations between the Parties in conformity with the principle of free and undistorted competition;

  

(h)
   the promotion of sustainable development and of the development of international trade in a manner that contributes to sustainable development, encompassing economic development, social development and environmental protection;

(i)
   the establishment of an effective, fair and predictable dispute settlement mechanism to solve disputes between the Parties on the interpretation or application of this Agreement.

ARTICLE 1.3

Definitions of General Application

For the purposes of this Agreement, and unless otherwise specified:

(a)
   "administrative ruling of general application" means an administrative ruling or interpretation that applies to all persons and factual situations that fall generally within the scope of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:

(i)
   a determination or ruling made in administrative or quasi-judicial proceedings that applies to a particular person, good or service of the other Party in a specific case; or

(ii)
   any other ruling that adjudicates with respect to a particular act or practice;

  

(b)
   "Agreement on Agriculture" means the Agreement on Agriculture in Annex 1A to the WTO Agreement;

(c)
   "agricultural good" means a product listed in Annex 1 to the Agreement on Agriculture;

(d)
   "aircraft repair and maintenance services during which an aircraft is withdrawn from service" means repair and maintenance activities undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include line maintenance;

(e)
   "Anti-dumping Agreement" means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

(f)
   "computer reservation system services" means services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, and through which reservations can be made or tickets may be issued;

(g)
   "customs duty" means any duty or charge of any kind imposed on or in connection with the importation of a good, it includes any surtax or surcharge imposed in connection with such importation; but does not include any:

(i)
   charge equivalent to an internal tax imposed in accordance with Article 2.3;

(ii)
   anti-dumping or countervailing
[1](#footnote1)
 duty applied in accordance with GATT 1994, the Anti‑dumping Agreement and the SCM Agreement, as appropriate;

(iii)
   fee or other charge imposed on or in connection with the importation of a good that is limited in amount to the approximate cost of services rendered; and

(iv)
   premium offered or collected on an imported good arising out of a tendering system authorised for the administration of tariff rate quotas pursuant to Appendix 2-A-4 (Tariff Rate Quotas of Mexico);

(h)
   "Customs Valuation Agreement" means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

(i)
   "days" means calendar days, including weekends and holidays;

(j)
   "DSU" means the Understanding on Rules and Procedures Governing the Settlement of Disputes, contained in Annex 2 to the WTO Agreement;

(k)
   "enterprise" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately owned or governmentally owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

  

(l)
   "existing" means in effect on the date of entry into force of this Agreement;

(m)
   "freely convertible currency" means a currency which is widely traded in international foreign exchange markets and widely used in international transactions;

(n)
   "GATS" means the General Agreement on Trade in Services in Annex 1B to the WTO Agreement;

(o)
   "GATT 1994" means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

(p)
   "goods" means both materials and products;

(q)
   "good of a Party" means a domestic good as this is understood in GATT 1994, and includes originating goods of that Party;

(r)
   "ground handling services" means the supply at an airport, on a fee or contract basis, of airline representation, administration and supervision services, passenger handling, baggage handling, ramp services, catering,
[2](#footnote2)
 air cargo and mail handling, fuelling of an aircraft, aircraft servicing and cleaning, surface transport, and flight operation, crew administration and flight planning services; but does not include self-handling, security, line maintenance, aircraft repair and maintenance; and management or operation of essential centralised airport infrastructure such as de-icing facilities, fuel distribution systems, baggage handling systems and fixed intra-airport transport systems;

  

(s)
   "Harmonized System" or "HS" means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes and Subheading Notes and amendments thereto;

(t)
   "measure" includes any law, regulation, rule, procedure, decision, administrative action, requirement or practice;
[3](#footnote3)

(u)
   "Modernised Global Agreement" or "MGA" means the Political, Economic and Cooperation Strategic Partnership Agreement between the European Union and its Member States, of the one part and the United Mexican States, of the other part, to be concluded;

(v)
   "national" means a natural person who has the nationality of one of the Member States of the European Union or of Mexico according to their respective law or is a permanent resident of a Party;

(w)
   "natural person" means
[4](#footnote4)
:

(i)
   in the case of the European Union, a person having the nationality of one of the Member States of the European Union according to its legislation;
[5](#footnote5)
 and

  

(ii)
   in the case of Mexico, a person having the nationality of Mexico according to its legislation;

a natural person who is a national of Mexico and has the nationality of one of the Member States of the European Union is deemed to be exclusively a natural person of the Party of his or her dominant and effective nationality;

(x)
   "OECD" means the Organization for Economic Co-operation and Development;

(y)
   "originating good" means a good qualifying as originating under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures);

(z)
   "person" means a natural person or an enterprise;

(aa)
   "person of a Party" means a national or an enterprise of a Party;

(bb)
   "preferential tariff treatment" means the rate of customs duty applicable to an originating good pursuant to Article 2.4 (Elimination or Reduction of Customs Duties);

(cc)
   "Safeguards Agreement" means the Agreement on Safeguards in Annex 1A to the WTO Agreement;

(dd)
   "SCM Agreement" means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

  

(ee)
   "selling and marketing of air transport services" means opportunities for the air carrier concerned to sell and market freely its air transport services, including all aspects of marketing such as market research, advertising and distribution, but does not include the pricing of air transport services or the applicable conditions;

(ff)
   "service supplier" means a person that supplies or seeks to supply a service;

(gg)
   "SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement;

(hh)
   "state enterprise" means an enterprise that is owned or controlled by a Party;

(ii)
   "TBT Agreement" means the Agreement on Technical Barriers to Trade in Annex 1A to the WTO Agreement;

(jj)
   "territory" means the territory where this Agreement applies pursuant to Article 33.7 (Territorial Application);

(kk)
   "third country" means a country or territory outside the territorial scope of application of this Agreement;

(ll)
   "Trade Council" means the Trade Council established pursuant to Article 33.1 of this Agreement;

  

(mm)
   "TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement;

(nn)
   "Vienna Convention on the Law of Treaties" means the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969;

(oo)
   "TEU" means the Treaty on European Union;

(pp)
   "TFEU" means the Treaty on the Functioning of the European Union;

(qq)
   "WTO" means the World Trade Organization; and

(rr)
   "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

ARTICLE 1.4

Relation to the WTO Agreement

The Parties affirm their rights and obligations with respect to each other under the WTO Agreement.

  

ARTICLE 1.5

References to Laws and other Agreements

1.
   Unless otherwise indicated, any reference in this Agreement to laws, either generally or by reference to a specific statute, regulation or directive, shall be construed as a reference to the laws, as they may be amended.

2.
   Unless otherwise indicated, any reference, or incorporation by means of a reference in this Agreement to other agreements or legal instruments in whole or in part shall be construed as including:

(a)
   related annexes, protocols, footnotes, interpretative notes and explanatory notes; and

(b)
   successor agreements to which the Parties are party or amendments that are binding on the Parties, except where the reference affirms existing rights and obligations.

ARTICLE 1.6

Fulfilment of Obligations

1.
   Each Party shall adopt any general or specific measures required to fulfil the obligations under this Agreement, including those required to ensure observance thereof by central, regional or local governments and authorities, as well as non-governmental bodies in the exercise of powers delegated to them.

  

2.
   If either Party considers that the other Party

–
   has failed to respect any of the principles, rights or fundamental freedoms referred to in Article 2 of Part I of the Modernised Global Agreement; or

–
   has failed to comply with and implement any of its existing obligations under international disarmament and non-proliferation treaties and agreements or other international obligations referred to in Article 1.4 of Part II of the Modernised Global Agreement

it may take appropriate measures pursuant to the provisions in Article 2.3 paragraph 3 of Part IV of the Modernised Global Agreement (fulfilment of obligations). For the purpose of this paragraph, "appropriate measures" may include the suspension, in part or in full, of this Agreement.

The right conferred by this paragraph may be exercised by either Party, irrespective of whether the relevant provisions of the Modernised Global Agreement have entered into force or are being applied provisionally.

3. 
   “Appropriate measures” referred to in paragraph 2 above shall be taken in full respect of international law and shall be proportionate to the failure to implement the obligations referred to in paragraph 2. Priority must be given to those which least disturb the functioning of this Agreement. It is understood that suspension, in part or in full, of this Agreement would be a measure of last resort.

CHAPTER 2

TRADE IN GOODS

SECTION A

General Provisions

ARTICLE 2.1

Definitions

For the purposes of this Chapter:

(a)
   "consular transactions" means the procedure of obtaining from a consul of the importing Party in the territory of the exporting Party or in the territory of a third party a consular invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shipper's export declaration or any other customs documentation required on or in connection with the importation of a good;

  

(b)
   "export licensing procedure" means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body or bodies of the exporting Party as a prior condition for exportation from the territory of the exporting Party;

(c)
   "Import Licensing Agreement" means the Agreement on Import Licensing Procedures, set out in Annex 1A to the WTO Agreement.

(d)
   "import licensing procedure" means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body or bodies of the importing Party as a prior condition for importation into the territory of the importing Party;

ARTICLE 2.2

Scope

Unless otherwise provided for in this Agreement, this Chapter applies to trade in goods of a Party.

  

ARTICLE 2.3

National Treatment

1.
   Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including its Notes and Supplementary Provisions. To that end, Article III of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis.

2.
   For greater certainty, national treatment means, with respect to a level of government in Mexico other than at the federal level, or a level of government of or in a Member State of the European Union, treatment no less favourable than that accorded by that level of government to like, directly competitive or substitutable goods of Mexico or the Member State, respectively.

ARTICLE 2.4

Elimination or Reduction of Customs Duties

1.
   Unless otherwise provided for in this Agreement, each Party shall eliminate or reduce its customs duties on originating goods in accordance with Annex 2-A and shall not apply any customs duty upon the entry into force of this Agreement to originating goods classified in tariff lines of Chapters 1 to 97 of the Harmonized System other than those included respectively in Appendices 2‑A-1or 2-A-2 to Annex 2-A.

  

2.
   Unless otherwise provided for in this Agreement, a Party shall not increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party.
[6](#footnote6)

3.
   If a Party reduces its applied most-favoured-nation customs duty rate, that duty rate shall apply to originating goods of the other Party for as long as it is lower than the customs duty rate determined pursuant to Annex 2-A.

4.
   On request of a Party, the Parties shall consult to consider the possibility of improving the tariff treatment for market access of originating goods set out in Annex 2-A. The Trade Council may take a decision to modify Annex 2-A.
[7](#footnote7)

5.
   For greater certainty, a Party may maintain or increase a customs duty on the originating good as authorised by the Dispute Settlement Body of the WTO.

  

ARTICLE 2.5

Export Duties, Taxes or Other Charges

1.
   A Party shall not adopt or maintain any tax or charge on the exportation of a good to the territory of the other Party that is in excess of that imposed on that good when destined for domestic consumption.

2.
   A Party shall not adopt or maintain any duty or charge of any kind imposed on, or in connection with, the exportation of a good to the territory of the other Party that is in excess of that imposed on that good when destined for domestic consumption.

3.
   Nothing in this Article shall prevent a Party from imposing on the exportation of a good a fee or charge that is permitted under Article 2.6.

ARTICLE 2.6

Fees and Formalities

1.
   Fees and other charges imposed by a Party on, or in connection with, the importation of a good of the other Party or exportation of a good to the other Party shall be limited in amount to the approximate cost of services rendered, and shall not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.

  

2.
   A Party shall not apply a customs-processing fee on originating goods.
[8](#footnote8)

3.
   Each Party shall publish all fees and charges it imposes in connection with importation or exportation in such a manner as to enable governments, traders and other interested parties to become acquainted with them.

4.
   A Party shall not require consular transactions, including related fees and charges, in connection with the importation of a good of the other Party.
[9](#footnote9)

ARTICLE 2.7

Goods Re-Entered after Repair or Alteration

1.
   "repair or alteration" means any processing operation undertaken on a good to remedy operating defects or material damage and entailing the re-establishment of the good to its original function or to ensure compliance with technical requirements for its use, without which the good could no longer be used in the normal way for the purposes for which it was intended. Repair of a good includes restoration and maintenance but does not include an operation or process that:

(a)
   destroys the essential characteristics of a good, or creates a new or commercially different good;

  

(b)
   transforms an unfinished good into a finished good; or

(c)
   is used to substantially change the function of a good.

2.
   A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could be performed in the territory of the Party from which the good was exported for repair or alteration.

3.
   Paragraph 2 does not apply to a good imported in bond, into free trade zones, or in similar status, that is then exported for repair and is not re-imported in bond, into free trade zones, or in similar status.

4.
   A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration.

  

ARTICLE 2.8

Remanufactured Goods

1.
   "remanufactured good" means a good classified in Chapters 84 to 90 or in heading 9402 of the Harmonized System, except goods included in Annex 2-B, that:

(a)
   is entirely or partially produced from recovered materials of goods that have been used;

(b)
   has similar performance and working conditions as well as life expectancy as the like good in new condition; and

(c)
   is given the same warranty as the like good in new condition.

2.
   Unless otherwise provided for in this Agreement, a Party shall not accord to remanufactured goods of the other Party a treatment that is less favourable than that it accords to like goods in new condition.

3.
   Subject to its obligations under this Agreement and the WTO Agreement, a Party may require that remanufactured goods:

(a)
   be identified as such for distribution or sale in its territory, including specifically labelled in order to prevent deception of consumers; and

  

(b)
   meet all applicable technical requirements and regulations that apply to like goods in new condition.

4.
   For greater certainty, Article 2.9 applies to remanufactured goods. If a Party adopts or maintains import or export prohibitions or restrictions on used goods, it shall not apply those measures to remanufactured goods.

ARTICLE 2.9

Import and Export Restrictions

Unless otherwise provided for in Annex 2-C, a Party shall not adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994, including its Notes and Supplementary Provisions. To that end, Article XI of GATT 1994, including its Notes and Supplementary Provisions, are incorporated into and made part of this Agreement, mutatis mutandis.

  

ARTICLE 2.10

Import Licensing

1.
   Each Party shall adopt and administer any import licensing procedures in accordance with Articles 1 to 3 of the Import Licensing Agreement.

2.
   Each Party shall notify to the other Party any new import licensing procedure and any modification of existing import licensing procedures within 60 days after the date of its publication and, if possible, no later than 60 days before the new procedure or modification takes effect. The notification shall include the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement, as well as the electronic addresses of the official websites, referred to in paragraph 4 of this Article. A Party shall be deemed to comply with this provision if it notifies the relevant new import licensing procedure, or any modification thereof, to the Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement in accordance with paragraphs 1 to 3 of Article 5 of the Import Licensing Agreement.

3.
   On request of a Party, the other Party shall promptly provide any relevant information, including the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement, regarding any import licensing procedure that it intends to adopt, has adopted or maintains, or regarding any modification of existing licensing procedures.

  

4.
   Each Party shall publish on the relevant official websites the information it is required to publish pursuant to subparagraph 4(a) of Article 1 of the Import Licensing Agreement and shall ensure that the information specified in paragraph 2 of Article 5 of the Import Licensing Agreement is publicly available.

ARTICLE 2.11

Export Licensing

1.
   Each Party shall publish any new export licensing procedure, or any modification of an existing export licensing procedure including, if appropriate, on the relevant official websites. Such publication shall take place, if practicable, no later than 45 days before the procedure or modification takes effect, and in any event, no later than the date when the procedure or modification takes effect.

2.
   Each Party shall notify to the other Party its existing export licensing procedures within 60 days after the date of entry into force of this Agreement. Each Party shall notify to the other Party any new export licensing procedure and any modification of existing export licensing procedures, within 60 days after the date of its publication. These notifications shall include the reference to the source where the information required pursuant to paragraph 3 is published and, if appropriate, the address of the relevant official website.

  

3.
   The publication of export licensing procedures shall include the following information:

(a)
   the texts of its export licensing procedures and any modification thereof;

(b)
   the goods subject to each export licensing procedure;

(c)
   for each procedure, a description of the process for applying for an export license and any criteria an applicant has to fulfil to be eligible to apply for an export license, such as possessing an activity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party's territory;

(d)
   a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export license;

(e)
   the administrative body or bodies to which an application or other relevant documentation is to be submitted;

(f)
   a description of any measure or measures being implemented through the export licensing procedure;

(g)
   the period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until it is withdrawn or revised in a new publication;

  

(h)
   if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity, the opening and closing dates of the quota and, if applicable, the value of the quota; and

(i)
   any exemptions from or exceptions to the requirement to obtain an export license, how to request or use those exemptions or exceptions, and the criteria for granting them.

4.
   For greater certainty, nothing in this Article requires a Party to grant an export license, or prevents a Party from implementing its obligations or commitments under the United Nations Security Council Resolutions, as well as multilateral non-proliferation regimes and export control arrangements.

ARTICLE 2.12

Customs Valuation

The Parties affirm their rights and obligations under the Customs Valuation Agreement.

ARTICLE 2.13

Temporary Admission of Goods

1.
   Each Party shall grant temporary admission with total conditional relief from import duties, as provided for in its laws and regulations, for the following goods, regardless of their origin:

(a)
   goods intended for display or use at exhibitions, fairs, meetings, demonstrations or similar events;

(b)
   professional equipment, including equipment for the press or for sound or television broadcasting, software, cinematographic equipment, and any ancillary apparatus or accessories for such equipment, that is necessary for carrying out the business activity, trade or profession of a person visiting the territory of the Party to perform a specified task;

(c)
   containers, commercial samples, advertising films and recordings and other goods imported in connection with a commercial operation;

(d)
   goods imported for sports purposes;

(e)
   goods imported for humanitarian purposes; and

(f)
   animals imported for specific purposes.

  

2.
   Each Party may require that the goods benefiting from temporary admission in accordance with paragraph 1:

(a)
   are intended for re-exportation without having undergone any change except normal depreciation due to the use made of them;

(b)
   are used solely by or under the personal supervision of a national of the other Party in the exercise of the business activity, trade, profession or sport of that person of the other Party;

(c)
   are not sold or leased while in its territory;

(d)
   are accompanied by a security, if requested by the importing Party, in an amount no greater than the charges that would otherwise be owed on entry or final importation, releasable on exportation of the goods;

(e)
   can be identified when imported and exported;

(f)
   are re-exported within a specified period reasonably related to the purpose of the temporary admission; and

(g)
   are admitted in no greater quantity than is reasonable for their intended use.

  

3.
   Each Party shall permit goods temporarily admitted under this Article to be re-exported through any customs port or office other than the one through which they were admitted.

4.
   Each Party shall provide that the importer or other person responsible for goods admitted in accordance with this Article shall not be liable for failure to export the goods, within the period fixed for temporary admission, including any lawful extension, on presentation of satisfactory proof to the importing Party, in accordance with its customs legislation, that the goods were totally destroyed or irretrievably lost.

ARTICLE 2.14

Cooperation

1.
   Special provisions on administrative cooperation between the Parties in relation to preferential tariff treatment are set out in Annex 2-D.

2.
   The Parties shall annually exchange import statistics starting one year after the entry into force of this Agreement, until the Committee on Trade in Goods decides otherwise. The exchange of import statistics shall cover data pertaining to the most recent year available, including value and volume, at the tariff line level for imports of goods of the other Party benefitting from preferential duty treatment under this Agreement and of those receiving non-preferential treatment.

  

ARTICLE 2.15

Committee on Trade in Goods

The Committee on Trade in Goods established by Article 33.4.1(a) (Sub-Committees and Other Bodies) shall:

(a)
   monitor the implementation and administration of this Chapter and its Annexes;

(b)
   promote trade in goods between the Parties, including through consultations on improving market access tariff treatment under this Agreement and other issues, as appropriate;

(c)
   provide a forum to discuss and resolve any issues related to this Chapter;

(d)
   promptly address barriers to trade in goods between the Parties, especially those related to the application of non-tariff measures and, if appropriate, referring such matters to the Trade Committee for its consideration;

(e)
   recommend to the Trade Committee any modification of or addition to this Chapter;

(f)
   coordinate the data exchange for preference utilisation or any other information exchange on trade in goods between the Parties that it may decide;

  

(g)
   review any future amendments of the Harmonized System to ensure that each Party's obligations under this Agreement are not altered, and consulting to resolve any related conflict;

(h)
   perform any other functions that the Trade Committee may assign to it.

SECTION B

Trade in Agricultural Goods

ARTICLE 2.16

Scope

This Section applies to measures adopted or maintained by a Party relating to trade in agricultural goods.

  

ARTICLE 2.17

Cooperation in Multilateral Fora

1.
   The Parties shall cooperate under the WTO to promote a universal, rules-based, open, non‑discriminatory and equitable multilateral trading system, to advance agriculture negotiations, and to promote the establishment of any new disciplines facilitating trade in agricultural goods.

2.
   The Parties recognise that some export measures, such as export prohibitions, export restrictions or export taxes may have a detrimental effect on critical supplies of agricultural goods. In this respect, the Parties shall support the establishment of disciplines through an active participation in the relevant international fora.

ARTICLE 2.18

Export Competition

1.
   For the purposes of this Article:

(a)
   "export subsidies" means subsidies within the meaning of paragraph (e) of Article 1 of the Agreement on Agriculture; and

(b)
   "measures with equivalent effect" means export credits, export credit guarantees or insurance programmes, as well as other measures that have an equivalent effect to an export subsidy
[10](#footnote10)
.

2.
   The Parties affirm their commitments in the Decision on Export Competition adopted on 19 December 2015 by the Ministerial Conference of the WTO in Nairobi to exercise utmost restraint with regard to any recourse to all forms of export subsidies and all export measures with equivalent effect and to enhance transparency and to improve monitoring in relation to all forms of export subsidies and all export measures with equivalent effect.

3.
   A Party shall not adopt or maintain any export subsidy on any agricultural good that is exported or incorporated in a good that is exported to the territory of the other Party.

4.
   A Party shall not maintain, introduce or reintroduce any other measure with equivalent effect on an agricultural good that is exported or incorporated in a good that is exported to the territory of the other Party, unless that measure with equivalent effect complies with the terms and conditions determined in the relevant WTO Agreement, decision or commitment.

5.
   With the aim of enhancing transparency and improving monitoring in relation to export subsidies and other measures with equivalent effect, a Party which has a reasonable doubt about an export subsidy or other measure with equivalent effect applied by the other Party on an agricultural good destined for export to the former Party, may require the necessary information on the measures applied from the other Party. The information required shall be provided without delay.

  

ARTICLE 2.19

Administration of Tariff Rate Quotas

1.
   A Party applying tariff rate quotas in accordance with Annex 2-A shall:

(a)
   administer those tariff rate quotas in a timely manner and in a transparent, objective and non‑discriminatory way in accordance with its law; and

(b)
   make publicly available in a timely and continuous manner all relevant information concerning quota administration, including the volume available, utilisation rates and eligibility criteria.

2.
   The Parties shall consult regarding any matter related to the administration of the tariff rate quotas. For that purpose, each Party shall designate a contact point to facilitate communication between the Parties and notify the other Party of its contact details. The Parties shall promptly notify each other of any changes to those contact details.

  

ARTICLE 2.20

Sub-Committee on Agriculture

1.
   The Sub-Committee on Agriculture established by Article 33.4.1(b) (Sub-Committees and Other Bodies) shall:

(a)
   monitor the implementation and administration of this Section, and promote cooperation in order to facilitate trade in agricultural goods between the Parties;

(b)
   provide a forum for the Parties to discuss developments in their agricultural programs and trade in agricultural goods between the Parties;

(c)
   address barriers, including non-tariff barriers, to trade in agricultural goods between the Parties;

(d)
   evaluate the impact of this Chapter on the agricultural sector of each Party, as well as the operation of the instruments of this Chapter, and recommend any appropriate action to the Committee on Trade in Goods;

(e)
   provide a forum to consult on matters related to this Section in coordination with other relevant committees, working groups or any other specialised body under this Agreement;

(f)
   undertake any other functions that the Committee on Trade in Goods may assign to it; and

(g)
   report the results of its work under this paragraph to the Committee on Trade in Goods for its consideration.

3.
   The Sub-Committee on Agriculture shall meet at least once a year, unless otherwise agreed.

4.
   When special circumstances arise, on request of a Party, the Sub-Committee on Agriculture shall meet, by agreement of the Parties, no later than 30 days after the date of such request.

SECTION C

Trade in Wine and Spirits

ARTICLE 2.21

Scope

This Section applies to wine products
[11](#footnote11)
 and spirits classified under headings 2204, 2205 and 2208 of the Harmonized System.

ARTICLE 2.22

Oenological Practices

1.
   The European Union shall authorise the importation and marketing in its territory for human consumption of wine originating in Mexico and produced in compliance with:

(a)
   product definitions authorised in Mexico by the laws and regulations referred to in Part A of Annex 2-E and

(b)
   oenological practices authorised and restrictions applied in Mexico pursuant to the laws and regulations referred to in Part A of Annex 2-E or otherwise approved for use in wines for export by the competent authority of Mexico, in so far as they are recommended and published by the International Organisation of the Vine and Wine (hereafter referred to as "OIV").

The authorisation of this paragraph is subject to the requirement that no alcohol or spirits are added to the wines with the exception of liquor wines to which alcohol of vine origin or grape spirit may be added. This subparagraph is without prejudice to the possibility of adding alcohol different from alcohol of vine origin in the production of "vino generoso", provided that such an addition is clearly displayed on the label.

  

2.
   Mexico shall authorise the importation and marketing in its territory for human consumption of wine originating in the European Union and produced in compliance with:

(a)
   product definitions authorised in the European Union by the laws and regulations referred to in Part B of Annex 2-E;

(b)
   oenological practices authorized and restrictions applied in the European Union pursuant to the laws and regulations referred to in Part B of Annex 2-E; and

(c)
   the fact that the addition of alcohol or spirits is excluded for all wines other than liqueur wines to which only alcohol of vine origin or grape spirit may be added.

3.
   Vine varieties that may be used in wines imported from a Party and marketed in the territory of the other Party are varieties of plants of the "vitis vinifera" and hybrids thereof, without prejudice to any more restrictive laws and regulations which a Party may have in respect of wine produced in its territory.

4.
   The Trade Council may modify Parts A and B of Annex 2-E for adding, deleting or updating the references to product definitions, and oenological practices and restrictions.

  

ARTICLE 2.23

Labelling of Wine Products and Spirits

1.
   A Party shall not require any of the following dates or their equivalent to be displayed on the container, label, or packaging of wine products or spirits:

(a)
   date of packaging;

(b)
   date of bottling;

(c)
   date of production or manufacture;

(d)
   date of expiration, "use by"' date, "use or consume by" date, "expire by" date;

(e)
   date of minimum durability, "best-by" date, "best quality before" date; or

(f)
   "sell-by" date.

A Party may require the display of a date of minimum durability in case of the addition of perishable ingredients or in case of a durability considered by the producer of less than or equal to twelve months.

  

2.
   A Party shall not require translations of trademarks, brand names or geographical indications to be displayed on containers, labels, or packaging of wine products or spirits.

3.
   A Party shall permit mandatory information, including translations, to be displayed on a supplementary label affixed to a container of wine products or spirits. Supplementary labels may be affixed to imported container of wine or spirit after importation but prior to offering the product for sale in the Party's territory, provided that the mandatory information of the original label is fully and accurately reflected.

4.
   A Party shall permit the use of identification lot codes provided that those codes are preserved from deletion.

5.
   A Party shall not apply a labelling measure to wine products and spirits that were marketed in the territory of that Party prior to the date on which the measure entered into force, except under exceptional circumstances.

6.
   A Party shall permit the use of drawings, figures, illustrations and claims or legends on bottles provided that they do not replace mandatory labelling information and do not mislead the consumer as to the real characteristics and composition of the wines products and spirits.

7.
   A Party shall not require that labels of wine products or spirits display allergen labelling with regard to allergens which have been used in the production and preparation of the wine products or spirit and which are not present in the final product.

  

8.
   For trade in wine between the Parties, wine originating in the European Union may be labelled in Mexico with an indication of the product type as specified in Part C of Annex 2-E.

9.
   Each Party shall protect the following names with regard to wine products and spirits, in conformity with the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883 (hereinafter referred to as "the Paris Convention"):

(a)
   the name of a Member State; and

(b)
   the name of the United Mexican States or Mexico and its States.

10.
   A Party shall permit labels of wine products or spirits to express the alcoholic content by volume in the following acronyms:

(a)
   % Alc. Vol.

(b)
   % Alc Vol.

(c)
   % alc. vol.

(d)
   % alc vol.

  

(e)
   % Alc.

(f)
   % Alc./Vol.

(g)
   Alc( )%vol.

(h)
   % alc/vol

(i)
   alc( )%vol

ARTICLE 2.24

Certification of Wine Products and Spirits

1.
   A Party may require, for wine products imported from the other Party and placed on its market, only the documentation and certification set out in Part D of Annex 2-E.

2.
   A Party shall not submit the import of wine products produced in the territory of the other Party to more restrictive import certification requirements than those laid down in this Agreement.

  

3.
   Each Party may apply its laws and regulations in order to identify adulterated or contaminated products after their final importation.

4.
   In case of a dispute, each Party shall recognise as reference methods, the methods of analysis complying with the standards recommended by international organisations such as the International Organization for Standardization (ISO) or, in case those methods do not exist, the methods of the OIV.

5.
   Each Party shall authorise the importation in its territory of spirits in accordance with the rules governing import documentation or certification and analysis reports as provided for in its laws and regulations.

6.
   The European Union shall require for the importation of Tequila and Mezcal into the European Union the presentation to its customs authorities of an export authenticity certificate of those products issued by the conformity assessment bodies accredited and approved by the Mexican authorities.
[12](#footnote12)
 Mexico shall provide models of the export authenticity certificate of Tequila and Mezcal and notify any changes related to those certificates to the Sub-Committee on Trade in Wines and Spirits.

  

7.
   A Party may introduce temporary additional import certification requirements for wines products and spirits imported from the other Party in response to legitimate public policy concerns, such as health or consumer protection, or in order to act against fraud. In such case, the Party shall provide to the other Party adequate information and sufficient time to permit the fulfilment of the additional requirements.

Such requirements shall not extend beyond the period of time necessary to respond to the particular public policy concern or risk of fraud in response to which they were introduced.

8.
   The Trade Council may modify Part D of Annex 2-E with regard to the documentation and certification referred to in paragraph 1.

ARTICLE 2.25

Applicable Rules

Unless otherwise provided for in this Agreement, importation and marketing of products covered by this Section, traded between the Parties, shall be conducted in compliance with the laws and regulations applying in the territory of the Party of importation.

  

ARTICLE 2.26

Transitional Measures

Products which, at the date of entry into force of this Agreement, have been produced and labelled in accordance with the laws and regulations of a Party and the existing agreements between the Parties, but do not comply with this Section may be marketed in the importing Party under the following conditions:

(a)
   by wholesalers or producers, for a period of two years; or

(b)
   by retailers, until stocks are exhausted.

ARTICLE 2.27

Notifications

Each Party shall ensure timely notification to the other Party of any amendments to laws and regulations on matters covered by this Section that have an impact on products traded between them.

  

ARTICLE 2.28

Cooperation on Trade in Wines and Spirits

1.
   The Parties shall cooperate on and address matters related to trade in wines and spirits, in particular:

(a)
   product definitions, certification and labelling; and

(b)
   the use of grape varieties in winemaking and labelling thereof.

2.
   To facilitate mutual assistance between the enforcement authorities of the Parties, each Party shall designate the competent authorities and bodies responsible for the implementation and application of matters covered by this Section. If a Party designates more than one competent authority or body, it shall ensure coordination between those authorities and bodies. In that case, a Party shall also designate a single liaison authority that should serve as the single contact point for the authority or body of the other Party.

3.
   The Parties shall inform each other of the names and addresses of the competent authorities and bodies referred to in paragraph 2, and any changes thereto, no later than six months after the date of entry into force of this Agreement.

  

4.
   The authorities and bodies referred to in this Article shall closely cooperate and seek ways for further improving assistance with each other in the application of this Section, in particular in order to combat fraudulent practices.

ARTICLE 2.29

Sub-Committee on Trade in Wines and Spirits

1.
   The Sub-Committee on Trade in Wines and Spirits established by Article 33.4.1(c) (Sub‑Committees and Other Bodies) shall:

(a)
   monitor the implementation and administration of this Section;

(b)
   provide a forum for cooperation on matters relating to this Section and exchange of information; and

(c)
   ensure the proper functioning of this Section.

2.
   The Sub-Committee on Trade in Wines and Spirits may make recommendations and prepare decisions for the Trade Council which may be adopted as provided for in this Section.

  

SECTION D

Non-Tariff Market Access Commitments for Other Sectors

ARTICLE 2.30

Pharmaceuticals

Specific non-tariff market access commitments of each Party relating to pharmaceutical products and medical devices are set out in Annex 2-F.

ARTICLE 2.31

Motor Vehicles

Specific non-market access commitments of each Party relating to motor vehicles and equipment, and parts thereof, are set out in Annex 2-G.

  

CHAPTER 3

RULES OF ORIGIN AND ORIGIN PROCEDURES

SECTION A

Rules of Origin

ARTICLE 3.1

Definitions

1.
   For the purposes of this Chapter:

(a)
   "chapters", "headings" and "subheadings" means the chapters (two-digit codes), the headings (four-digit codes) and sub-headings (six-digit codes) used in the nomenclature of the Harmonized System;

(b)
   "competent governmental authority" means in the case of Mexico, the designated authority within the Ministry of Economy (Secretaría de Economía), or its successor;

  

(c)
   "consignment" means goods which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;

(d)
   "customs authorities" means the governmental authority that is responsible under the law of a Party for the administration, application and enforcement of customs laws and regulations;

(e)
   "exporter" means a person located in the territory of a Party who exports from the territory of that Party and makes out a statement on origin;

(f)
   "importer" means a person located in the territory of a Party who imports a good and claims preferential tariff treatment;

(g)
   "material" means any ingredient, raw material, component, part, or the like, used in the production of the product;

(h)
   "non-originating materials" means materials which do not qualify as originating under this Chapter;

(i)
   "originating materials" or "originating products" means materials or products which qualify as originating under this Chapter;

(j)
   "product" means the product being manufactured, even if it is intended as a material for later use in the production of another product; and

(k)
   "production" means any kind of working, processing or specific operations, including assembly.

ARTICLE 3.2

General Requirements

1.
   For the purposes of applying the preferential tariff treatment by a Party to the originating good of the other Party in accordance with this Agreement, the following products shall be considered as originating in the Party where the last production took place:

(a)
   products wholly obtained in that Party within the meaning of Article 3.4;

(b)
   products produced in that Party exclusively from originating materials; or

(c)
   products produced in that Party incorporating non-originating materials, provided they fulfil the conditions set out in Annex 3-A.

2.
   A product considered as originating in a Party in accordance with paragraph 1 has to meet all other applicable requirements of this Chapter for granting preferential tariff treatment based on a claim pursuant to Article 3.16.

  

3.
   If a product has acquired originating status, the non-originating materials used in the production of that product shall not be considered non-originating when that product is incorporated as a material in another product.

4.
   For the acquisition of the originating status, the product has to be produced as referred to in subparagraphs 1(a) to 1(c) without interruption in a Party.

ARTICLE 3.3

Cumulation of Origin

1.
   A product originating in a Party shall be considered as an originating product of the other Party if it is used as a material in the production of another product in that other Party
[13](#footnote13)
.

2.
   Paragraph 1 does not apply if:

(a)
   the production of a product does not go beyond the operations referred to in Article 3.6; and

(b)
   the object of this production, as demonstrated on the basis of a preponderance of evidence, is to circumvent financial or tax law of the Parties.

  

ARTICLE 3.4

Wholly Obtained Products

1.
   The following products shall be considered as wholly obtained in a Party:

(a)
   mineral products extracted from its soil or from its seabed;

(b)
   plants and vegetable products grown or harvested there;

(c)
   live animals born and raised there;

(d)
   products from live animals raised there;

(e)
   products obtained from slaughtered animals born and raised there;

(f)
   products obtained by hunting or fishing conducted there;

(g)
   products obtained from aquaculture there, if aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants are born or raised from seed stock such as eggs, roes, fry, fingerlings or larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding or protection from predators;

  

(h)
   products of sea fishing and other products taken from the sea outside any territorial sea by a vessel of a Party;

(i)
   products produced on board of a factory ship of a Party exclusively from products referred to in subparagraph (h);

(j)
   used articles collected there fit only for the recovery of raw materials, including those raw materials;

(k)
   waste and scrap resulting from production operations conducted there;

(l)
   products extracted from the seabed or subsoil thereof outside the territorial sea of a Party, provided that they have rights to exploit or work such seabed or subsoil; or

(m)
   goods produced there exclusively from the products specified in subparagraphs (a) to (l).

2.
   The terms "vessel of a Party" and "factory ship of a Party" in subparagraph 1(h) and 1(i) mean a vessel or a factory ship which:

(a)
   is registered in a Member State or in Mexico;

(b)
   sails under the flag of a Member State or Mexico; and

  

(c)
   meets one of the following conditions:

(i)
   it is at least 50 % owned by nationals of a Member State or Mexico; or

(ii)
   it is owned by enterprises which:

(A)
   have their head office and main place of business in the European Union or Mexico; and

(B)
   are at least 50 % owned by public entities, nationals or enterprises of a Member State or Mexico.

ARTICLE 3.5

Tolerances

1.
   If a product does not satisfy the requirements set out in Annex 3-A due to the use of a non-originating material in the production, that product shall nevertheless be considered as originating in a Party provided that:

(a)
   the total value of that non-originating material does not exceed 10 % of the ex-works price of the product; and

  

(b)
   any of the percentages set out in Annex 3-A for the maximum value or weight of non-originating materials are not exceeded through the application of this paragraph.

2.
   Paragraph 1 does not apply to products classified under Chapters 50 to 63, for which the tolerances set out in Notes 5 and 6 of Section A of Annex 3-A apply.

3.
   Paragraph 1 does not apply to products wholly obtained in a Party within the meaning of Article 3.4. If Annex 3-A requires that the materials used in the production of a product are wholly obtained, the tolerance provided for in paragraph 1 applies to the sum of those materials.

ARTICLE 3.6

Insufficient Working or Processing Operations

1.
   Notwithstanding Article 3.2.1(c), a product shall not be considered as originating in a Party if the production of the product in a Party consists only of the following operations performed on non‑originating materials:

(a)
   operations to ensure the preservation of products in good condition during transport and storage such as ventilation, spreading out, drying, freezing, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations;

  

(b)
   simple addition of water or dilution that does not materially alter the characteristics of the product or dehydration or denaturation
[14](#footnote14)
 of products;

(c)
   sifting, screening, sorting, classifying, grading or matching, including the making-up of sets of articles;

(d)
   sharpening, simple grinding or simple cutting;

(e)
   peeling, stoning or shelling of fruits, nuts or vegetables;

(f)
   husking;

(g)
   removing of grains;

(h)
   polishing or glazing of cereals and rice, partial or total milling of rice;

(i)
   operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;

(j)
   changes of packaging, breaking up and assembly of packages;

(k)
   simple packaging operations;

  

(l)
   affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;

(m)
   washing, cleaning, the removal of dust, oxide, oil, paint or other coverings;

(n)
   simple painting and polishing operations;

(o)
   simple mixing of products
[15](#footnote15)
, whether or not of different kinds;
[16](#footnote16)

(p)
   assembly of parts classified as complete or finished article in accordance with General Interpretative Rule 2(a) of the General Rules for the Interpretation of the Harmonized System or other simple assembly of parts;

(q)
   disassembly of a product into parts or components;

(r)
   ironing or pressing of textiles and textile articles;

(s)
   slaughter of animals; or

(t)
   a combination of two or more operations specified in subparagraphs (a) to (s).

  

2.
   For the purposes of paragraph 1, operations shall be considered simple if neither special skills nor machines, apparatus or tools especially produced or installed for those operations are required for their performance and the operations resulting from those skills, machines, apparatus or tools do not confer the essential character or properties of the good.

ARTICLE 3.7

Unit of Qualification

1.
   For the application of this Chapter the unit of qualification shall be the particular product, which is considered as the basic unit when classifying the product under the Harmonized System.

2.
   For a product composed of a group or assembly of articles, which is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification;

3.
   For a consignment consisting of a number of identical products classified under the same heading, each product shall be considered individually when applying this Chapter.

ARTICLE 3.8

Accounting Segregation

1.
   If originating and non-originating fungible materials are used in the production of a good, the management of materials may be done by using an accounting segregation method without keeping the materials in separate stocks.

2.
   If originating and non-originating fungible products of Chapters 10, 15, 27, 28, 29, headings 32.01 to 32.07, or headings 39.01 to 39.14 are physically combined or mixed in stocks in a Party before exportation to the other Party, the management of those products may be done by using an accounting segregation method without keeping those products in separate stocks.

3.
   For the purposes of paragraphs 1 and 2, fungible materials or fungible products are materials or products that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished one from another, in the case of materials, once they are incorporated into the finished product.

4.
   The accounting segregation method used for managing stocks shall be applied pursuant to a stock management system which is in accordance with accounting principles generally accepted in the Party.

  

5.
   The stock management system must ensure at any time that the number of products obtained, which could be considered as originating products in a Party, is no more than the number that would have been obtained by using a method of physical segregation of the stocks.

6.
   A manufacturer using a stock management system must keep records of the operation of the system that are necessary for the customs authorities of the Party concerned to verify compliance with the provisions of this Chapter.

7.
   A Party may require that the use of accounting segregation pursuant to this Article is subject to prior authorisation by the customs authorities of that Party.

8.
   The customs authorities of a Party may make the granting of the authorisation referred to in paragraph 7 subject to any conditions they deem appropriate and may withdraw the authorisation if the manufacturer makes improper use thereof or fails to fulfil any of the other conditions set out in this Chapter.

ARTICLE 3.9

Accessories, Spare Parts and Tools

1.
   Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one product with the piece of equipment, machine, apparatus or vehicle in question.

  

2.
   The accessories, spare parts and tools referred to in paragraph 1 shall be disregarded in determining the origin of the product except for the purposes of calculating the maximum value of non-originating materials if a product is subject to a maximum value of non-originating materials set out in Annex 3-A.

ARTICLE 3.10

Sets

Sets, as defined in General Rule 3 for the Interpretation of the Harmonized System, shall be considered as originating in a Party if all of their components are originating goods. If a set is composed of originating and non-originating goods, the set as a whole shall be considered as originating in a Party, provided the value of the non-originating goods does not exceed 15 % of the ex-works price of the set.

ARTICLE 3.11

Neutral Elements

In order to determine whether a product is originating in a Party, it shall not be necessary to determine the origin of the following elements which might be used in its production:

(a)
   fuel, energy, catalysts and solvents;

  

(b)
   equipment, devices and supplies used to test or inspect the product;

(c)
   gloves, glasses, footwear, clothing, safety equipment and supplies;

(d)
   machines, tools, dies and moulds;

(e)
   plant, equipment, spare parts and materials used in the maintenance of equipment and buildings;

(f)
   lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; and

(g)
   other materials which are not incorporated nor intended to be incorporated into the final composition of the product.

ARTICLE 3.12

Packing Materials, Packaging Materials and Containers

1.
   Packaging materials and containers in which the product is packaged for retail sale, if classified with the product pursuant to General Rule 5 for the Interpretation of the Harmonized System, shall be disregarded in determining the origin of the product, except for the purposes of calculating the maximum value of non-originating materials if a product is subject to a maximum value of non-originating materials in accordance with Annex 3-A.

  

2.
   Packing materials and containers in which a product is packed for shipment shall be disregarded in determining the origin of the product.

ARTICLE 3.13

Returned Goods

If originating goods of a Party exported from that Party to a third country are returned, they shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that the goods returned:

(a)
   are the same goods as those exported; and

(b)
   have not undergone any operation other than that necessary to preserve them in good condition while in that third country or while being exported.

  

ARTICLE 3.14

Non-Alteration

1.
   The goods declared for importation in a Party shall be the same goods as exported from the other Party in which they are considered originating. Those goods shall not have been altered, transformed in any way or subjected to operations other than operations to preserve them in good condition, or other than adding or affixing marks, labels, seals or any other distinguishing signs, to ensure compliance with specific domestic requirements of the importing Party, prior to being declared for import.

2.
   Storage of goods or consignments may take place in a third country provided they remain under customs supervision in that third country.

3.
   Without prejudice to the provisions of Section B, the splitting of consignments may take place in a third country if the splitting is carried out by the exporter or under the exporter's responsibility and provided the goods remain under customs supervision in that third country.

4.
   Compliance with paragraphs 1 to 3 shall be considered as satisfied unless the customs authorities have reasons to believe the contrary. In such a case, the importer, in accordance with the provisions of the law of each Party, shall provide evidence of compliance by appropriate means, including through contractual transport documents such as bills of lading, factual or concrete evidence based on marking, numbering of packages, or any evidence related to the goods themselves.

  

ARTICLE 3.15

Exhibitions

1.
   Originating products sent for exhibition in a third country and sold after the exhibition for importation in a Party, shall benefit on importation from the provisions of this Agreement provided it is shown to the satisfaction of the customs authorities that:

(a)
   an exporter has consigned these products from a Party to the third country in which the exhibition is held and has exhibited them there;

(b)
   the products have been sold or otherwise disposed of by that exporter to a person in a Party;

(c)
   the products have been consigned during the exhibition or immediately thereafter in the same state in which they were sent for exhibition; and

(d)
   the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

2.
   A statement on origin must be made out in accordance with the provisions of Section B and submitted to the customs authorities of the importing Party in the normal manner. The name and address of the exhibition must be indicated thereon.

  

3.
   Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display, which is not organised for private purposes in shops or business premises with a view to the sale of those products, and during which the products remain under customs control.

4.
   The customs authorities of the importing Party may require evidence that the products have remained under customs control in the third country of exhibition, as well as additional documentary evidence of the conditions under which they have been exhibited.

SECTION B

Origin Procedures

ARTICLE 3.16

Claim for Preferential Tariff Treatment and Statement on Origin

1.
   The importing Party shall, on importation, grant preferential tariff treatment to a product originating in the other Party within the meaning of Article 3.2 based on a claim by the importer for preferential tariff treatment, provided all other applicable requirements of this Chapter are met.

  

2.
   The claim for preferential tariff treatment shall be based on a statement on origin issued in accordance with Article 3.18 provided by the exporter on an invoice or any other commercial document.

3.
   The claim for preferential tariff treatment and the statement on origin referred to in paragraph 2, shall be included in the customs import declaration, in accordance with the laws and regulations of the importing Party.

4.
   The importer making a claim based on a statement on origin referred to in paragraph 2 shall be in possession thereof and, when required, provide a copy of the statement on origin to the customs authority of the importing Party.

5.
   Paragraphs 2, 3 and 4 do not apply in the cases specified in Article 3.23.

ARTICLE 3.17

Claims for Preferential Treatment after Importation

1.
   Each Party shall provide that an importer may claim preferential tariff treatment after the importation and obtain refund of any excess duties paid for the imported good if the importer did not make a claim for preferential tariff treatment at the time of importation and the good concerned would have qualified at the time of importation for such claim as originating in accordance with Article 3.2.

  

2.
   The importer shall make a claim for preferential tariff treatment no later than one year after the date of importation. As a condition for granting preferential tariff treatment pursuant to paragraph 1, a Party may require that the importer:

(a)
   provides a copy of the statement of origin for the good concerned;

(b)
   submits all other documents necessary for the importation of the good; and

(c)
   declares that the good was originating at the time of importation.

ARTICLE 3.18

Conditions for Making out a Statement on Origin

1.
   A statement on origin as referred to in Article 3.16.2 may be made out by an exporter registered:

(a)
   in Mexico, as an exporter authorised by the competent governmental authority subject to any conditions which are considered appropriate to verify the originating status of the goods as well as the fulfilment of the other requirements of this Chapter; and

(b)
   in the European Union, as an exporter in accordance with the relevant European Union law (Registered Exporter System).

  

2.
   The customs authorities or the competent governmental authority shall grant to the registered exporter a number which shall appear on the statement on origin. The customs authorities or the competent governmental authority shall manage the registration process and may withdraw the registration in case of improper use by the exporter.

3.
   A statement on origin as referred to in Article 3.16.2 may be made out by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed 6 000 euros.

4.
   The exporter shall make out a statement on origin using one of the linguistic versions of Annex 3-B on an invoice or any other commercial document that describes the originating good in sufficient detail to enable its identification.

5.
   Statements on origin shall bear the original signature of the exporter in manuscript. An exporter registered in accordance with paragraph 1 shall not be required to sign such statements provided that the exporter accepts full responsibility towards the customs authorities or the competent governmental authority of the exporting Party for any statement on origin which identifies the exporter as if the statement on origin was signed in manuscript by that exporter.

6.
   The exporter making out a statement on origin shall be prepared to submit at any time, at the request of the customs authorities or the competent governmental authority of the exporting Party, all appropriate documents proving the originating status of the products concerned as well the fulfilment of the other requirements of this Chapter.

7.
   The exporter may make out a statement on origin when the goods to which it relates are exported or after exportation.

  

ARTICLE 3.19

Validity of the Statement on Origin

1.
   A statement on origin shall be valid for one year after the date it was made out.

2.
   A statement on origin may apply to:

(a)
   a single shipment of a product; or

(b)
   multiple shipments of identical products within any period specified in the statement on origin not exceeding 12 months.

ARTICLE 3.20

Importation by Instalments

If, at the request of an importer and in accordance with the conditions laid down by the customs authorities of the importing Party, dismantled or non-assembled goods within the meaning of General Rule 2(a) for the interpretation of the Harmonized System falling within Sections XV to XXI of the Harmonized System are imported by instalments, a single statement on origin for those goods shall be submitted, as required by the customs authorities, on the importation of the first instalment.

  

ARTICLE 3.21

Discrepancies and Minor Errors

1.
   Minor discrepancies between the statement on origin and the documents submitted to the customs office for carrying out the formalities for importing the goods shall not, because of that fact, render the statement on origin null and void, if it is duly established that this document corresponds to the products concerned.

2.
   The customs authorities of the importing Party shall not reject a claim for preferential tariff treatment due to minor errors in the statement on origin, such as typing errors.

ARTICLE 3.22

Record Keeping Requirements

1.
   An importer claiming preferential tariff treatment for a good imported into a Party shall possess and keep the statement on origin made out by the exporter for three years after the date of importation of the product or for a longer period as the importing Party may specify.

  

2.
   An exporter who made out a statement on origin shall possess and keep a copy of the statement on origin, and of all other records demonstrating that the product satisfies the requirements to obtain originating status, for three years following the making out of that statement on origin, or for a longer period of time as the exporting Party may specify.

3.
   The records to be kept in accordance with this Article may be held in electronic form.

ARTICLE 3.23

Exemptions from the Statement on Origin

1.
   Goods sent as low-value packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating goods without requiring a statement on origin, provided that those goods are not imported by way of trade and have been declared as meeting the requirements of this Chapter, and that there is no doubt as to the veracity of that declaration.

2.
   Imports, which are occasional and consist solely of products for the personal use of the recipients or travellers or their families, shall not be considered as imports by way of trade if, from the nature and quantity of the goods, it is evident that no commercial purpose is intended, provided the importation does not form part of a series of importations that may reasonably be considered to have been made separately for the purpose of avoiding the requirement for a statement on origin.

  

3.
   The total value of the goods referred to in paragraph 1 shall not exceed 500 euros or its equivalent amount in the currency of the Party in the case of low value packages, or 1 200 euros or its equivalent amount in the currency of the Party in the case of goods which are part of a travellers' personal luggage.

4.
   Nothing in this Article shall be construed as preventing a Party from adopting appropriate customs controls to ensure compliance with the provisions set out in paragraphs 1 to 3.

ARTICLE 3.24

Verification of Origin and Administrative Cooperation

1.
   The Parties shall provide each other the addresses and contact information of the customs authorities or the competent governmental authority responsible for verifying the statements on origin.

2.
   In order to ensure the proper application of this Chapter, the Parties shall assist each other, through their customs authorities or the competent governmental authority, to verify whether goods are originating as well as the authenticity of the statements on origin and the accuracy of the information provided in those statements.

  

3.
   Verifications of the statements on origin shall be carried out at random or whenever the customs authorities of the importing Party have reasonable doubts as to the authenticity of the statements, the originating status of the goods concerned or the fulfilment of the other requirements of this Chapter.

4.
   For the purposes of implementing the provisions of paragraph 3, the customs authorities of the importing Party shall request in writing a verification of origin to the customs authority or the competent governmental authority of the exporting Party, by providing:

(a)
   the identity of the customs authority issuing the request;

(b)
   the name of the exporter to be verified;

(c)
   the subject and scope of the verification; and

(d)
   a copy of the statement on origin and, if applicable, any other relevant documentation.

5.
   The customs authority or the competent governmental authority of the exporting Party shall carry out the verification. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check that they consider appropriate.

  

6.
   The customs authority or the competent governmental authority of the exporting Party shall inform the customs authority requesting the verification of the results of this verification as soon as possible. The results shall be presented in a written report that clearly indicates whether the goods concerned can be considered as originating, the statement on origin is authentic and the other requirements of this Chapter are fulfilled. That written report shall include:

(a)
   the results of the verification;

(b)
   the description of the goods subject to verification and the tariff classification relevant for the application of the rules of origin;

(c)
   a description and explanation of the rationale concerning the originating status of the good; and

(d)
   if available, supporting documentation.

7.
   If in cases of reasonable doubts there is no reply within 10 months after the date of the verification request, or if the reply does not contain sufficient information to determine the authenticity of the document in question or the origin of the good, the requesting customs authority is entitled, except in exceptional circumstances, to refuse to grant preferential tariff treatment.

  

8.
   The importing Party shall notify the exporting Party within 60 days after the receipt of the written report, if there are differences in relation to the verification procedures of this Article, or in relation to the interpretation of the rules of origin, in determining whether a good qualifies as originating, and those differences can not be resolved through consultations between the customs authority requesting the verification and the customs authority or competent governmental authority responsible for performing the verification.

9.
   At the request of either Party, the Parties shall hold and conclude consultations within 90 days after the date of the notification referred to in paragraph 8 to resolve those differences. The period for concluding consultations may be extended, on a case by case basis, by mutual written consent between the Parties. The Parties shall seek to resolve those differences within the Sub-Committee on Customs, Trade Facilitation and Rules of Origin established by Article 33.4.1(d) (Sub‑Committees and Other Bodies).

10.
   This Chapter does not prevent a customs authority of a Party from taking any other action that it considers necessary, pending a resolution of the differences referred in paragraph 8 under this Agreement.

  

ARTICLE 3.25

Confidentiality

1.
   Each Party shall maintain, in accordance with its law, the confidentiality of information provided by the other Party pursuant to this Chapter and shall protect that information from disclosure.

2.
   The customs authorities or the competent governmental authority of the importing Party may only use the information obtained from the other Party for the purposes of this Chapter.

3.
   The customs authorities or the competent governmental authority of the exporting Party shall not disclose confidential business information obtained from the exporter, unless otherwise provided for in this Chapter.

4.
   The importing Party shall not use the information obtained by its customs authority pursuant to this Chapter in any criminal proceedings carried out by a court or a judge, unless the exporting Party is formally informed in writing by the importing Party about the information it intends to use and the justification for the usage, and provided that no objection is raised by the exporting Party.

  

5.
   Nothing in this Agreement shall be construed as precluding a Party from using confidential information for the purposes of administration or enforcement of customs law related to this Chapter, or as otherwise required by law of the Party, including in administrative, quasi-judicial or judicial proceedings.

ARTICLE 3.26

Administrative Measures and Sanctions

A Party shall impose administrative measures and sanctions on any person who made out a document, or causes a document to be made out, which contains incorrect information for the purposes of obtaining a preferential tariff treatment for goods.

SECTION C

Other Provisions

ARTICLE 3.27

Application of the Chapter to Ceuta and Melilla

1.
   For the purposes of this Chapter, in the case of the European Union, the term "Party" does not include Ceuta and Melilla.

  

2.
   Originating goods of Mexico, when imported into Ceuta and Melilla, shall in all respects be subject to the same customs treatment under this Agreement as that which is applied to goods originating in the customs territory of the European Union under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Union. Mexico shall grant to imports of goods covered by the Agreement and originating in Ceuta and Melilla the same customs treatment as that which is granted to goods imported from and originating in the European Union.

3.
   The rules of origin and origin procedures referred to in this Chapter shall apply mutatis mutandis to goods exported from Mexico to Ceuta and Melilla and to goods exported from Ceuta and Melilla to Mexico.

4.
   Ceuta and Melilla shall be considered as a single territory.

5.
   The exporter shall enter "Mexico" or "Ceuta and Melilla" in field 3 of the text of the statement on origin, depending on the origin of the good.

6.
   The Spanish customs authorities shall be responsible for the application and implementation of this Chapter in Ceuta and Melilla.

  

ARTICLE 3.28

The Principality of Andorra and the Republic of San Marino

The preferential tariff treatment of originating goods of Andorra and of San Marino and the determination of the origin of those goods are set out in Annex 3-C.

ARTICLE 3.29

Explanatory Notes

Explanatory notes regarding the interpretation, application and administration of this Chapter are set out in Annex 3-D.

ARTICLE 3.30

Transitional Provisions

1.
   For goods for which a claim for preferential tariff treatment and importation was made before the entry into force of this Agreement, the rules and conditions set out in Annex III to Decision No. 2/2000 of the EC-Mexico Joint Council of 23 March 2000 and its Appendices I to V shall be applicable for a maximum period of three years after the entry into force of this Agreement.

  

2.
   A proof of origin issued in accordance with the provisions of Annex III to Decision No. 2/2000 of the EC-Mexico Joint Council of 23 March 2000 and its Appendices I to V, for goods for which a claim for preferential tariff treatment has not been made by the date of entry into force of this Agreement, shall not be valid.

3.
   For goods which, at the entry into force of this Agreement, are either in transit from the exporting Party to the importing Party or under customs control in the importing Party without payment of import duties and taxes, a claim for preferential tariff treatment shall be made in accordance with Article 3.16, provided those goods fulfil the requirements of this Chapter.

ARTICLE 3.31

Amendments to the Chapter

The Trade Council may modify by decision the provisions of the Chapter and Annexes 3-A to 3-D.

ARTICLE 3.32

The Sub-Committee on Customs, Trade Facilitation and Rules of Origin

For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub-Committee on Customs, Trade Facilitation and Rules of Origin are those listed in Article 4.17 (Sub-Committee on Customs, Trade Facilitation and Rules of Origin).

  

CHAPTER 4

CUSTOMS AND TRADE FACILITATION

ARTICLE 4.1

General Objectives

1.
   The Parties recognise the importance of customs and trade facilitation in the evolving global trading environment.

2.
   The Parties recognise that, for their import, export and transit requirements and procedures, they should take into consideration customs and international trade instruments and standards applicable in the area of customs and trade, such as the substantive elements of the Revised Kyoto Convention on the Simplification and Harmonization of Customs Procedures done at Kyoto on the 18 May 1973 and adopted by the World Customs Organization Council in June 1999, the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983, as well as the Framework of Standards to Secure and Facilitate Global Trade of the World Customs Organization adopted in June 2005 (hereinafter referred to as "SAFE Framework of Standards") and the Customs Data Model of the World Customs Organization.

3.
   The Parties recognise that their laws and regulations shall be non-discriminatory, and that customs procedures shall be based upon the use of modern methods and effective controls to achieve the protection and facilitation of legitimate trade.

4.
   The Parties also recognise that their customs procedures shall be no more administratively burdensome or trade restrictive than necessary to achieve legitimate objectives and that they should be applied in a manner that is predictable, consistent and transparent.

5.
   In order to ensure transparency, efficiency, integrity and accountability of operations, each Party shall:

(a)
   simplify and review requirements and formalities wherever possible with a view to the rapid release and clearance of goods;

(b)
   work towards the further simplification and standardisation of data and documentation required by customs and other agencies, in order to reduce the time and costs thereof for traders or operators, including small and medium-sized enterprises; and

(c)
   ensure that the highest standards of integrity be maintained, through the application of measures reflecting the principles of the relevant international conventions and instruments in the field of customs and trade facilitation.

  

6.
   The Parties agree to reinforce their cooperation with a view to ensuring that the relevant legislation and procedures, as well as the administrative capacity of the relevant administrations, fulfil the objectives of promoting trade facilitation while ensuring effective customs control.

ARTICLE 4.2

Transparency and Publication

1.
   Each Party shall provide, as appropriate, for regular consultations between border agencies and traders or other stakeholders within its territory.

2.
   Each Party shall promptly publish, in a non-discriminatory and easily accessible manner, including online and to the extent possible in the English language, its laws, regulations and general administrative procedures and guidelines, related to customs and trade facilitation matters. Those matters include:

(a)
   import, export and transit procedures, including port, airport and other entry-point procedures, and required forms and documents;

(b)
   applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation;

(c)
   fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit;

  

(d)
   rules for the classification or valuation of goods for customs purposes;

(e)
   laws, regulations and administrative rulings of general application relating to rules of origin;

(f)
   import, export or transit restrictions or prohibitions;

(g)
   penalty provisions against breaches of import, export or transit formalities;

(h)
   appeal procedures;

(i)
   agreements or parts thereof with any country or countries relating to importation, exportation or transit;

(j)
   procedures relating to the administration of tariff quotas;

(k)
   hours of operation and operating procedures for customs offices at ports and border crossing points; and

(l)
   enquiry points for information enquiries.

3.
   Each Party shall provide, in accordance with its laws and regulations, opportunities and an appropriate time period to traders and other interested parties to comment on the proposed introduction or amendment of laws and regulations of general application related to customs and trade facilitation matters.

  

4.
   Each Party shall ensure, in accordance with its laws and regulations, that new or amended laws and regulations of general application related to customs and trade facilitation or any information thereon are made publicly available, as early as possible before their entry into force, in order to enable traders and other interested persons to become acquainted with them.

5.
   Each Party may provide that paragraphs 3 and 4 do not apply to changes to duty rates or tariff rates, measures that have a relieving effect, measures the effectiveness of which would be undermined as a result of compliance with paragraphs 3 and 4, measures applied in urgent circumstances or minor changes to its domestic law and legal system.

6.
   Each Party shall establish or maintain one or more enquiry points to address enquiries of traders and other interested persons concerning customs and other trade facilitation matters and shall make information concerning the procedures for making such enquiries publicly available online.

7.
   A Party shall not require the payment of a fee for answering enquiries or providing required forms and documents.

8.
   The enquiry points shall provide an answer to enquiries and provide the forms and documents within a reasonable time period set by each Party, which may vary depending on the nature or complexity of the enquiry.

ARTICLE 4.3

Data and Documentation Requirements

1.
   With a view to simplifying and minimising the incidence and complexity of import, export and transit formalities, data and documentation requirements, each Party shall ensure, as appropriate, that those formalities, data and documentation requirements:

(a)
   are adopted and applied with a view to a rapid release of goods, provided the conditions for the release are fulfilled;

(b)
   are adopted and applied in a manner that aims at reducing the time and cost of compliance for traders and operators;

(c)
   are the least trade-restrictive alternative, if two or more alternatives were reasonably available for fulfilling the policy objective or objectives in question; and

(d)
   are not maintained, including parts thereof, if no longer required.

2.
   Each Party shall apply common customs procedures and uniform customs data and documentation requirements for the release of goods throughout its territory. Nothing in this paragraph precludes a Party from differentiating its customs procedures and data and documentation requirements based on elements such as risk management, the nature and type of goods, or means of transport.

  

ARTICLE 4.4

Automation and Use of Information Technology

1.
   Each Party shall:

(a)
   use information technologies that expedite procedures for the release of goods in order to facilitate trade between the Parties;

(b)
   make electronic systems accessible to customs users;

(c)
   allow a customs declaration to be submitted in electronic format; and

(d)
   use electronic or automated risk-management systems.

2.
   Each Party shall adopt or maintain procedures allowing the electronic payment of duties, taxes, fees and charges collected by customs authorities incurred upon importation and exportation.

  

ARTICLE 4.5

Release of Goods

1.
   Each Party shall adopt or maintain procedures that:

(a)
   provide for the prompt release of goods within a period no longer than required to ensure compliance with its customs law and other trade-related laws and regulations;

(b)
   provide for advance electronic submission and processing of customs data and documentation and any other information prior to the arrival of the goods in order to enable the release of goods from customs control upon arrival;

(c)
   allow goods to be released at the point of arrival without temporary transfer to warehouses or other facilities; and

(d)
   allow for the release of goods prior to the final determination of customs duties, taxes, fees and charges, if that determination is not done prior to or promptly upon arrival, provided that all other regulatory requirements have been met; before releasing the goods, a Party may require that an importer provides sufficient guarantee in the form of a surety, a deposit, or other appropriate instrument, which shall not be higher than the amount required to secure payment of customs duties, taxes, fees and charges due for the goods covered by the guarantee and that shall be discharged when that guarantee is no longer required.

  

2.
   Each Party may adopt or maintain measures allowing traders or operators to benefit from further simplification of customs procedures, in accordance with its laws and regulations.

ARTICLE 4.6

Risk Management

1.
   Each Party shall adopt or maintain a risk-management system for customs control that enables its customs authorities to focus their inspection activities on high-risk consignments and expedite the release of low-risk consignments.

2.
   Each Party shall design and apply risk management in a manner as to avoid arbitrary or unjustifiable discrimination, or disguised restrictions to international trade.

3.
   Each Party shall base risk management on the assessment of risk through appropriate selectivity criteria.

4.
   Each Party may also select, on a random basis, consignments for customs controls as part of its risk management.

5.
   In order to facilitate trade, each Party shall periodically review and update, as appropriate, the risk-management system referred to in paragraph 1.

  

ARTICLE 4.7

Advance Rulings

1.
   An advance ruling is a written decision provided by a Party through its customs authorities to an applicant prior to the importation into its territory of a good covered by the application that sets out the treatment that the Party shall provide to the good at the time of importation with regard to:

(a)
   the tariff classification of the good;

(b)
   the origin of the good
[17](#footnote17)
; and

(c)
   any other matters as the Parties may agree.

2.
   A Party shall issue the advance ruling in a reasonable, time-bound manner to the applicant that has submitted an application, including in electronic format, provided it contains all necessary information in accordance with the laws and regulations of that Party. A Party may request a sample of the good for which the applicant is seeking an advance ruling.

3.
   The advance ruling shall be valid for at least three years after its issuance unless the law, facts or circumstances supporting that ruling have changed.

  

4.
   A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of an administrative or judicial review, or if the application is not based on real and concrete facts, or does not relate to any intended use of the advance ruling. A Party that declines to issue an advance ruling shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its decision.

5.
   Each Party shall publish, at least:

(a)
   the requirements for the application for an advance ruling, including the information to be provided and the format;

(b)
   the time limit by which it will issue an advance ruling; and

(c)
   the period of time for which the advance ruling will be valid.

6.
   If a Party revokes, modifies or annuls an advance ruling, it shall notify the applicant in writing setting out the relevant facts and the basis for its decision. A Party may only revoke, modify or annul an advance ruling with retroactive effect if the ruling was based on incomplete, incorrect, inaccurate, false or misleading information provided by the applicant.

7.
   An advance ruling issued by a Party shall be binding on that Party in respect of the applicant and also on the applicant.

  

8.
   A Party shall provide, upon written request of an applicant, a review of the advance ruling or of the decision to revoke, modify or annul it.

9.
   Subject to any confidentiality requirements in its laws and regulations, a Party shall endeavour to make the substantive elements of its advance rulings publicly available, including online.

ARTICLE 4.8

Authorised Economic Operators

1.
   Each Party shall establish or maintain for operators who meet specified criteria (authorised economic operators, hereinafter referred to as "AEO") a trade facilitation partnership programme (hereinafter referred to as "AEO programme") in accordance with the SAFE Framework of Standards.

2.
   The specified criteria
[18](#footnote18)
 to qualify as AEO shall be published and relate to compliance, or the risk of non-compliance, with the requirements specified in each Party's laws, regulations or procedures.

  

3.
   The specified criteria to qualify as an AEO shall not be designed or applied so as to afford or create arbitrary or unjustifiable discrimination between operators where the same conditions prevail and shall allow the participation of small and medium-sized enterprises.

4.
   The AEO programme shall include specific benefits for AEO, taking into account the commitments of the Parties in accordance with Article 7.7.3 of the WTO Agreement on Trade Facilitation, adopted on 27 November 2014.

5.
   The Parties shall cooperate in establishing, if relevant and appropriate, the mutual recognition of their AEO programmes, provided that the programmes are compatible and based on equivalent criteria and benefits.

ARTICLE 4.9

Review or Appeal

1.
   Each Party shall provide effective, prompt, non-discriminatory and easily accessible procedures to guarantee the right of appeal against a decision on a customs matter.

  

2.
   Each Party shall ensure that a person to whom it issues a decision on a customs matter has access within its territory to:

(a)
   an administrative review by or appeal to an administrative authority higher than or independent from the official or office that issued the decision; or

(b)
   a judicial review or appeal of the decision.

3.
   Each Party shall provide that a person who has applied to the customs authorities for a decision and has not obtained a decision on that application within the relevant time limits has the right of appeal.

4.
   Each Party shall provide that the person referred to in paragraph 2 receives an administrative decision with the reasons for that decision, so as to enable that person to have recourse to review or appeal procedures if necessary.

ARTICLE 4.10

Penalties

1.
   Each Party shall provide for penalties for failure to comply with its laws, regulations or procedural requirements related to customs or other legislation for the importation, exportation and transit of goods.

  

2.
   Each Party shall ensure that its customs laws and regulations provide that any penalties imposed for breaches of its customs laws, regulations or procedural requirements be proportionate and non-discriminatory.

3.
   Each Party shall ensure that a penalty imposed by its customs authorities for a breach of its customs laws, regulations or procedural requirements is imposed only on the person legally responsible for the breach.

4.
   Each Party shall ensure that the penalty imposed depends on the facts and circumstances of the case and is commensurate with the degree and severity of the breach.

5.
   Each Party shall avoid incentives or conflicts of interest in the assessment and collection of penalties and duties.

6.
   Each Party is encouraged to consider voluntary disclosure prior to the discovery by the customs authorities of a breach of its customs laws, regulations or procedural requirements, as a potential mitigating factor when establishing a penalty.

7.
   Each Party shall ensure that if a penalty is imposed for a breach of its customs laws, regulations or procedural requirements, an explanation in writing is provided to the person upon whom the penalty is imposed specifying the nature of the breach and the applicable law, regulation or procedure pursuant to which the amount or range of the penalty for the breach has been imposed.

  

8.
   Each Party shall provide in its laws, regulations or procedures a fixed period within which its customs authorities may initiate proceedings to impose a penalty relating to a breach of its customs laws, regulations or procedures.

ARTICLE 4.11

Customs Cooperation and Mutual Administrative Assistance

1.
   The Parties shall ensure that their respective authorities cooperate on customs matters in order to ensure that the objectives set out in Article 4.1 are attained.

2.
   The Parties shall cooperate, among others, through:

(a)
   exchanging information concerning their customs laws and regulations and their implementation, and customs procedures, particularly in the following areas:

(i)
   simplification and modernisation of customs procedures;

(ii)
   border enforcement measures applied by their customs authorities;

(iii)
   facilitation of transit movements and transhipment;

(iv)
   dialogue with the business community; and

(v)
   supply chain security and risk management;

  

(b)
   working together on the customs-related aspects of securing and facilitating the international trade supply chain in accordance with the SAFE Framework of Standards, including with respect to their AEO programmes and their mutual recognition referred to in Article 4.8;

(c)
   considering developing joint initiatives relating to import, export, other customs procedures and trade facilitation including technical assistance;

(d)
   strengthening their cooperation in the field of customs in international organisations such as the WTO and the World Customs Organization (hereinafter referred to as "WCO");

(e)
   establishing minimum standards, to the extent practicable, for risk-management techniques and related requirements and programmes; if relevant and appropriate, the Parties shall also consider mutual recognition of risk-management techniques, risk standards and security controls;

(f)
   endeavouring to harmonise their data requirements for import, export and other customs procedures by implementing common standards and data elements in accordance with the WCO Data Model; and

(g)
   maintaining a dialogue between their respective policy experts to promote the utility, efficiency and applicability of advance rulings.

  

3.
   The Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the provisions of the Annex on Mutual Administrative Assistance in Customs Matters adopted by the Decision No 5/2004 of the EU-Mexico Joint Council of 15 December 2004, which is hereby incorporated and made part of this Agreement. Any exchange of information between the Parties in accordance with this Chapter shall be subject to the confidentiality of information and personal data protection requirements provided for in Article 10 of that Annex, mutatis mutandis, and to any confidentiality and privacy requirements provided for in the respective laws and regulations of the Parties.

ARTICLE 4.12

Single Window

1.
   Each Party shall endeavour to develop or maintain single window systems to facilitate a single electronic submission of all information required by customs and other legislation for the import, export and transit of goods.

2.
   The Parties shall endeavour to work together towards the interoperability and streamlining of their single window systems, including by sharing their respective experiences in developing and deploying their single window systems.

  

ARTICLE 4.13

Transit and Transhipment

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

2.
   Each Party shall endeavour to promote and implement regional transit arrangements with a view to facilitating trade between the Parties.

3.
   Each Party shall ensure that all concerned authorities and agencies in its territory cooperate and coordinate to facilitate traffic in transit.

4.
   Each Party shall allow goods intended for import to be moved under customs control from a customs office of entry to another customs office in its territory from where the goods would be released or cleared.

ARTICLE 4.14

Post-Clearance Audit

1.
   With a view to expediting the release of goods, each Party shall adopt or maintain post‑clearance audit to ensure compliance with its customs laws and regulations.

  

2.
   Each Party shall conduct post-clearance audits in a risk-based manner.

3.
   Each Party shall conduct post-clearance audits in a transparent manner. If an audit is conducted and conclusive results have been achieved, the Party shall notify, without delay, the person whose record is audited of the results, the reasons for the results and the rights and obligations of the audited person.

4.
   The Parties acknowledge that the information obtained in a post-clearance audit may be used in further administrative or judicial proceedings.

5.
   The Parties shall, to the extent practicable, use the result of a post-clearance audit in applying risk management.

ARTICLE 4.15

Customs Brokers

1.
   A Party shall not require in its customs laws and regulations the mandatory use of customs brokers.

2.
   Each Party shall publish its measures on the use of customs brokers.

3.
   Each Party shall apply transparent and objective rules if and when licensing customs brokers.

  

ARTICLE 4.16

Preshipment Inspections

A Party shall not require the mandatory use of pre-shipment inspections as defined in the WTO Agreement on Preshipment Inspection, in relation to tariff classification and customs valuation
[19](#footnote19)
.

ARTICLE 4.17

Sub-Committee on Customs, Trade Facilitation and Rules of Origin

1.
   The Sub-Committee on Customs, Trade Facilitation and Rules of Origin shall report to the Trade Committee.

2.
   The Sub-Committee on Customs, Trade Facilitation and Rules of Origin established pursuant to Article 33.4.1(d) (Sub-Committees and Other Bodies) shall ensure the proper functioning of this Chapter, Chapter 3 (Rules of Origin and Origin Procedures), the Annex on Mutual Administrative Assistance in customs matters referred to in Article 4.11.3 and any additional customs-related provisions agreed between the Parties, and examine all matters arising from their application.

  

3.
   The Sub-Committee shall:

(a)
   prepare appropriate recommendations, as necessary, to the Trade Committee on:

(i)
   the implementation and administration of Chapter 3 (Rules of Origin and Origin Procedures); and

(ii)
   any amendments to Chapter 3 (Rules of Origin and Origin Procedures);

(b)
   adopt explanatory notes to facilitate the implementation of Chapter 3 (Rules of Origin and Origin Procedures);

(c)
   monitor the implementation and administration of this Chapter;

(d)
   provide a forum to consult and discuss all matters concerning customs, including in particular customs procedures, customs valuation, tariff regimes, customs nomenclature, customs cooperation and mutual administrative assistance in customs matters;

(e)
   provide a forum to consult and discuss matters relating to rules of origin, origin procedures and administrative cooperation;

  

(f)
   enhance cooperation on the development, application and enforcement of customs procedures, mutual administrative assistance in customs matters, rules of origin, origin procedures and administrative cooperation; and

(g)
   consider any other matter related to this Chapter or Chapter 3 (Rules of Origin and Origin Procedures) as the Parties may agree.

4.
   The Sub-Committee on Customs, Trade Facilitation and Rules of Origin may examine the need for, and prepare for the Trade Council, decisions or recommendations on all matters arising from the implementation of this Chapter. The Trade Council shall have the power to adopt decisions on the implementation of this Chapter as appropriate, including in what concerns AEO programmes and their mutual recognition, joint initiatives relating to customs procedures and trade facilitation, and technical assistance.

5.
   The Parties may agree to hold ad hoc meetings for matters concerning customs cooperation, rules of origin or mutual administrative assistance.

  

CHAPTER 5

TRADE REMEDIES

SECTION A

Anti-Dumping and Countervailing Measures

ARTICLE 5.1

General Provisions

1.
   The Parties affirm their rights and obligations under Article VI of GATT 1994, the Anti‑Dumping Agreement and the SCM Agreement.

2.
   For the purposes of the application of provisional and definitive measures, the origin of the goods concerned shall be determined in accordance with the non-preferential rules of origin of each Party.

  

ARTICLE 5.2

Transparency and Due Process

1.
   Each Party shall conduct its procedures and apply anti-dumping and countervailing measures in a fair and transparent manner, in accordance with the relevant provisions of the Anti-Dumping Agreement and the SCM Agreement.

2.
   Each Party shall inform all interested parties, at a preliminary stage of the proceedings, and in any event before a final determination is made, of the essential facts under consideration, which form the basis for the decision whether to apply final measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement and Article 12.4 of the SCM Agreement.

3.
   Each Party shall grant each interested party in an anti-dumping or countervailing duty investigation, full opportunity to defend its interests, provided it does not unduly delay the conduct of the investigation.

4.
   The definition of interested parties provided for in Article 6.11 of the Anti-Dumping Agreement and Article 12.9 of the SCM Agreement applies.

  

ARTICLE 5.3

Imposition of Anti-Dumping and Countervailing Duties

The decision whether the amount of the anti-dumping or countervailing duty to be imposed shall be the full margin of dumping or amount of subsidy, or a lesser amount, is to be made by the authorities of the importing Party in accordance with the law of that Party.

ARTICLE 5.4

Final Determination

A Party shall, when making a final determination, take into account the information duly provided by all interested parties considered as such in accordance with its law.

ARTICLE 5.5

Non-Application of Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) concerning the interpretation or application of the provisions of this Section.

  

SECTION B

Global Safeguard Measures

ARTICLE 5.6

General Provisions

Each Party retains its rights and obligations pursuant to Articles XIX of GATT 1994 and 5 of the Agreement on Agriculture as well as under the Safeguards Agreement.

ARTICLE 5.7

Transparency

1.
   Notwithstanding Article 5.6, the Party initiating a global safeguard investigation or intending to impose global safeguard measures shall immediately provide, at the request of the other Party and provided the latter has a substantial interest, ad hoc written notification of all relevant information leading to the initiation of the global safeguard investigation or the imposition of global safeguard measures, including on the provisional findings, where relevant. This is without prejudice to Article 3.2 of the Agreement on Safeguards.

  

2.
   A Party imposing global safeguard measures shall endeavour to impose them in a way that least affects bilateral trade.

3.
   For the purposes of paragraph 2, if a Party considers that the legal requirements for the imposition of definitive safeguard measures are met, and intends to impose such measures, it shall notify the other Party and give the possibility to hold bilateral consultations. If no satisfactory solution has been reached within 30 days after the notification, the importing Party may adopt the definitive safeguard measure appropriate to remedy the problem.

4.
   For the purposes of this Article, a Party is deemed to have a substantial interest if it is among the five largest suppliers of the imported good during the most recent three-year period, measured in terms of either absolute volume or value.

ARTICLE 5.8

Non-Application of Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) concerning the interpretation or application of the provisions of this Section referring to rights and obligations under the WTO Agreement.

SECTION C

Bilateral Safeguard Measures

SUB-SECTION C.1

General Provisions

ARTICLE 5.9

Definitions

For the purposes of Section C:

(a)
   "competent investigating authority" means:

(i)
   in the case of the European Union, the European Commission; and

(ii)
   in the case of Mexico, the "Unidad de Prácticas Comerciales Internacionales de la Secretaría de Economía" (International Trade Practices Unit of the Ministry of the Economy), or its successor;

  

(b)
   "domestic industry" means, with respect to an imported product, the producers as a whole of the like or directly competitive products operating within the territory of a Party, or those producers whose collective output of the like or directly competitive products constitutes a major proportion of the total domestic production of those products;

(c)
   "like product" means a product which is identical, that is alike in all respects, to the product under consideration, or in the absence of such product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration;

(d)
   "directly competitive product" means a product which may not be alike in all respects, but has a high degree of substitutability with the product under consideration as it fulfils the same functions
[20](#footnote20)
;

(e)
   "serious injury" means a significant overall impairment of the position of a domestic industry;

(f)
   "threat of serious injury" means serious injury that, based on facts and not merely on allegation, conjecture or remote possibility, is clearly imminent; and

  

(g)
   "transition period" means:

(i)
   a period of 10 years from the date of entry into force of this Agreement; or

(ii)
   the tariff elimination period for the goods set out in the tariff elimination schedule of a Party in Annex 2-A (Tariff Elimination Schedule), provided the tariff elimination period for the good concerned is 10 or more years, plus three years.

ARTICLE 5.10

Application of a Bilateral Safeguard Measure

1.
   Notwithstanding Section B, if as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of a Party is being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive products, the importing Party may impose the measures provided for in paragraph 2 under the conditions and in accordance with the procedures established in this Section.

  

2.
   If the conditions in paragraph 1 are met, the importing Party may only impose bilateral safeguard measures which:

(a)
   suspend the further reduction of the rate of customs duty on the product concerned as provided for under this Agreement; or

(b)
   increase the rate of customs duty on the product concerned to a level which does not exceed the lesser of:

(i)
   the most-favoured-nation applied rate of customs duty on the product in effect at the time the measure is imposed; or

(ii)
   the most-favoured-nation applied rate of customs duty on the product in effect on the day immediately preceding the date of entry into force of this Agreement.

3.
   The Parties share the understanding that neither tariff rate quotas nor quantitative restrictions would be a permissible form of bilateral safeguard measure.

ARTICLE 5.11

Conditions and Limitations

1.
   A Party shall not apply a bilateral safeguard measure:

(a)
   except to the extent, and for such time, as may be necessary to prevent or remedy the situations described in Articles 5.10 or 5.15;

(b)
   for a period exceeding two years; or

(c)
   beyond the expiration of the transition period.

The period referred to in subparagraph (b) may be extended by another year if the competent authorities of the importing Party determine, in conformity with the procedures specified in Section C, that the measure continues to be necessary to prevent or remedy the situations described in Articles 5.10 or 5.15 and to facilitate adjustment, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, does not exceed three years.

2.
   A Party shall only apply a bilateral safeguard measure to originating goods set out in Annex 2-A (Tariff Elimination Schedule), that are subject to preferential treatment under this Agreement.

  

3.
   In order to facilitate any adjustment in a situation where the expected duration of a bilateral safeguard measure exceeds one year, the Party that applies the measure shall, during the period of application, progressively liberalise the measure at regular intervals.

4.
   When a Party ceases to apply a bilateral safeguard measure, the rate of customs duty shall be the rate that would have been in effect for the product in accordance with Article 2.4 (Elimination or Reduction of Customs Duties).

ARTICLE 5.12

Provisional Measures

1.
   In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis, without complying with the requirements of Article 5.22.1, pursuant to a preliminary determination that there is clear evidence that imports of an originating good of the other Party have increased as a result of the reduction or elimination of a customs duty under this Agreement, and that such imports cause or threaten to cause the situations described in Articles 5.10 or 5.15.

  

2.
   The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the relevant procedural rules established in Sub-Section C.2. The Party shall promptly refund any tariff increases if the subsequent investigation described in Sub‑Section C.2 does not result in the imposition of a definitive measure in compliance with the requirements of Articles 5.10 or 5.15. The duration of any provisional measure shall be counted as part of the period referred to in Article 5.11.1(b). The importing Party shall inform the other Party upon imposing such provisional measures and it shall immediately refer the matter to the Trade Committee for examination if the other Party so requests.

ARTICLE 5.13

Compensation and Suspension of Concessions

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

  

2.
   If the consultations referred to in paragraph 1 do not result in an agreement on trade-liberalising compensation within 30 days after the start of the consultations, the Party affected by the bilateral safeguard measure may suspend the application of concessions which have trade effects substantially equivalent to the bilateral safeguard measure of the other Party no later than 90 days after the measure is applied.

3.
   The Party affected by the bilateral safeguard measure shall notify the other Party in writing at least 30 days prior to the suspension of concessions in accordance with paragraph 2.

4.
   The obligation to provide compensation pursuant to paragraph 1 and the right to suspend concessions pursuant to paragraph 2 expire on the date of termination of the bilateral safeguard measure.

ARTICLE 5.14

Use of Safeguard Measures and Time Lapse in Between Measures

1.
   A Party shall not apply a safeguard measure referred to in this Section to the import of a product that has previously been subject to such a measure, unless a period of time has elapsed that is equal to half of that during which the safeguard measure was applied for the immediately preceding period.

  

2.
   A Party shall not apply, with respect to the same product and during the same period:

(a)
   a bilateral safeguard measure or a provisional safeguard measure under this Agreement; and

(b)
   a safeguard measure pursuant to Article XIX of GATT 1994 and under the Safeguards Agreement.

ARTICLE 5.15

Outermost Regions

1.
   If any originating good of Mexico is being imported directly into the territory of one or several outermost regions of the European Union in such increased quantities and under such conditions as to cause or threaten to cause serious deterioration in the economic situation of the outermost region concerned, the European Union, after having examined alternative solutions, may exceptionally impose safeguard measures limited to the territory of the outermost region concerned.

2.
   Without prejudice to paragraph 1, all the provisions of Section C applicable to bilateral safeguard measures are also applicable to any safeguard measure adopted in relation to the outermost regions of the European Union.

3.
   A bilateral safeguard measure limited to the outermost regions of the European Union shall apply only to goods subject to preferential treatment under this Agreement.

  

4.
   For the purposes of paragraph 1, "serious deterioration" means major difficulties in a sector of the economy producing like or directly competitive products. The determination of serious deterioration shall be based on objective factors, including the following elements:

(a)
   the increase in the volume of imports in absolute terms or relative to domestic production and to imports from other sources; and

(b)
   the effect of such imports on the situation of the relevant industry or the economic sector concerned, including the levels of sales, production, financial situation and employment.

SUB-SECTION C.2

Procedural Rules Applicable to Bilateral Safeguard Measures

ARTICLE 5.16

Applicable Law

For the application of bilateral safeguard measures, the competent investigating authority shall comply with the provisions of this Sub-Section and, in cases not covered by this Sub-Section, apply the rules established under the law of the Party concerned, as long as those rules are in conformity with the provisions of Section C.

  

ARTICLE 5.17

Initiation of a Safeguard Procedure

1.
   A competent investigating authority may initiate a safeguard procedure upon a written application made by or on behalf of the domestic industry, or in exceptional circumstances, on its own initiative. In the case of the European Union that application can be filed by one or more Member States of the European Union on behalf of the domestic industry. The application shall be deemed to have been made by or on behalf of the domestic industry if it is supported by those domestic producers whose collective output constitutes more than 50 % of the total production of the like or directly competitive products produced by that portion of the domestic industry expressing either support for or opposition to the application. However, no investigation shall be initiated when domestic producers expressly supporting the application account for less than 25 % of total national production of the like or directly competitive products produced by the domestic industry.

2.
   Once the investigation has been initiated, the application referred to in paragraph 1 shall promptly be made available to whom it may concern, except for the confidential information contained therein.

  

3.
   Upon initiation of a safeguard procedure, the competent investigating authority shall publish a notice of initiation of the procedure in the official journal of the Party. The notice shall identify the entity which filed the written application, if applicable, the imported good concerned, its heading, subheading or the tariff item number under which it is classified under the Harmonized System, the nature and timing of the determination to be made, the period within which interested parties may make their views known in writing and submit information, the place at which the written application and any other non-confidential documents filed in the course of the procedure may be inspected and the name, address and telephone number of the office to be contacted for more information. In case the competent investigating authority decides to hold a public hearing, the time and place of that public hearing may be either included in the notice of initiation or notified at any subsequent stage of the procedure, provided that such notice is given well in advance. In case no public hearing is scheduled at the beginning of the investigation, the notice of initiation shall include the period within which interested parties may apply to be heard orally by the competent investigating authority.

4.
   With respect to a safeguard procedure initiated on the basis of a written application filed by an entity asserting that it is representative of the domestic industry, the competent investigating authority shall not publish the notice of initiation pursuant to paragraph 3 without first assessing carefully that the application meets the requirements of its law and the requirements of paragraph 1, and includes reasonable evidence that imports of an originating good of the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and that such imports cause or threaten to cause the alleged serious injury or the alleged serious deterioration in the economic situation.

  

ARTICLE 5.18

Investigation

1.
   A Party may apply a safeguard measure only following an investigation by the competent investigating authority of that Party pursuant to the procedures established in this Sub-Section. This investigation shall include reasonable public notice to all interested parties, and public hearings or other appropriate means in which importers, exporters and other interested parties can present evidence and their views, including the opportunity to respond to the presentations of other parties.

2.
   Each Party shall ensure that its competent investigating authority completes any such investigation within one year following its date of initiation.

ARTICLE 5.19

Determination of Serious Injury or Threat Thereof and Causal Link

1.
   In the investigation to determine whether increased imports cause or threaten to cause serious injury to a domestic industry, the competent investigating authority shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the domestic industry, in particular the rate and amount of the increase in imports of the product concerned in absolute terms and relative to domestic production, the share of the domestic market taken by the increased imports, and changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment.

  

2.
   The determination that increased imports cause or threaten to cause the situations described in Articles 5.10 or 5.15, shall not be made unless the investigation demonstrates, based on objective evidence, the existence of a clear causal link between the increased imports of the product concerned and the situations described in Articles 5.10 or 5.15. If factors other than the increased imports are, at the same time, causing the situations described in Articles 5.10 or 5.15, such injury or threat thereof, or serious deterioration in the economic situation or threat thereof, shall not be attributed to the increased imports.

ARTICLE 5.20

Hearings

In the course of each safeguard procedure, the competent investigating authority shall:

(a)
   hold a public hearing, after providing reasonable notice, to allow all interested parties considered as such under the law of the Party concerned, to appear in person or through counsel, to present evidence and to be heard on the serious injury or threat thereof, or on the serious deterioration in the economic situation or threat thereof, and the appropriate remedy; or

  

(b)
   alternatively, in the case of the European Union, provide an opportunity to all interested parties to be heard provided they have made a written application within the period set out in the notice of initiation showing that they are likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally.

ARTICLE 5.21

Confidential Information

Any information which is by nature confidential or which is provided on a confidential basis shall, upon good cause being shown, be treated as such by the competent investigating authority. Such information shall not be disclosed without permission of the party submitting it. Parties providing confidential information shall be requested to furnish non-confidential summaries thereof or, if those parties indicate that such information cannot be summarised, the reasons why a summary cannot be provided. The summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the submitted confidential information. However, if the competent investigating authority finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorise its disclosure in generalised or summary form, it may disregard such information unless it can be demonstrated to its satisfaction from appropriate sources that the information is correct.

  

ARTICLE 5.22

Adoption, Notification, Consultation and Publication

1.
   If a Party considers that one of the situations set out in Articles 5.10 or 5.15 exists, it shall immediately refer the matter to the Trade Committee for examination. The Trade Committee may make any recommendation required to remedy the situations that have arisen. If no recommendation has been made by the Trade Committee aimed at remedying the situations, or no other satisfactory solution has been reached within 30 days of the matter being referred to the Trade Committee, the importing Party may adopt the bilateral safeguard measure appropriate to remedy the situations in accordance with Section C.

2.
   The competent investigating authority shall provide the exporting Party with all relevant information, which shall include evidence of serious injury or threat thereof, or of a serious deterioration, or threat thereof, in the economic situation caused by increased imports, a precise description of the product involved and the proposed bilateral safeguard measure, the proposed date of imposition and the expected duration of the proposed bilateral safeguard measure.

3.
   A Party shall promptly notify the other Party, in writing, when it:

(a)
   initiates a bilateral safeguard procedure under Section C;

(b)
   decides to apply a provisional bilateral safeguard measure;

  

(c)
   determines the existence of serious injury or threat thereof, or the serious deterioration in the economic situation or threat thereof, caused by increased imports, pursuant to Article 5.19;

(d)
   decides to apply or extend a bilateral safeguard measure; and

(e)
   decides to modify a bilateral safeguard measure previously adopted.

4.
   If a Party makes a notification pursuant to subparagraph 3(a), such notification shall include:

(a)
   a copy of the public version of the application and its annexes or, in the case of investigations initiated on the initiative of the competent investigating authority, of the relevant documents showing that the requirements of Article 5.17 are met, as well as a questionnaire detailing the points on which the interested parties must provide information; and

(b)
   a precise description of the imported good concerned.

5.
   If a Party makes a notification pursuant to subparagraphs 3(b) or (c), it shall include a copy of the public version of its determination and, if applicable, of the document providing the technical reasoning on which the determination is based.

  

6.
   If a Party makes a notification pursuant to subparagraph 3(d) concerning the application or extension of a bilateral safeguard measure, it shall include in that notification:

(a)
   a copy of the public version of its determination and, if applicable, of the document providing the technical reasoning on which the determination is based;

(b)
   evidence of serious injury or threat thereof, or of a serious deterioration in the economic situation or threat thereof, caused by increased imports of an originating good of the other Party, as a result of the reduction or elimination of a customs duty under this Agreement;

(c)
   a precise description of the originating good subject to the bilateral safeguard measure, including its heading, subheading or the tariff line under which it is classified under the Harmonized System;

(d)
   a precise description of the bilateral safeguard measure applied or extended;

(e)
   the initial date of application of the bilateral safeguard measure, its expected duration and, if applicable, a timetable for progressive liberalisation of the measure; and

(f)
   in case of an extension of the bilateral safeguard measure, evidence that the domestic industry concerned is adjusting.

  

7.
   At the request of the Party affected by the bilateral safeguard procedure under Section C, the other Party shall hold consultations with the requesting Party to review a notification made pursuant to subparagraphs 3(a) or (b).

8.
   The Party intending to apply or extend a bilateral safeguard measure shall notify the other Party and give the possibility to hold prior consultations to discuss the eventual application or extension. If no satisfactory solution has been reached within 30 days after the date of the notification the former Party may apply or extend such measure.

9.
   The competent investigating authority shall also publish its findings and reasoned conclusions reached on all relevant matters of fact and law in the official journal of the Party concerned, including the description of the imported good and the situation which has given rise to the imposition of measures in accordance with Articles 5.10 or 5.15, the causal link between such situation and the increased imports, and the form, level and duration of the measures.

10.
   The competent investigating authorities shall treat any confidential information in full compliance with Article 5.21.

  

CHAPTER 6

SANITARY AND PHYTOSANITARY MEASURES

ARTICLE 6.1

Definitions

1.
   For the purposes of this Chapter:

(a)
   "competent authorities" means the competent authorities of each Party referred to in Annex 6‑A;

(b)
   "emergency measure" means a sanitary or phytosanitary measure that is applied by the importing Party to goods of the other Party to address an urgent problem of human, animal or plant life or health protection that arises or threatens to arise in the importing Party; and

(c)
   "WTO SPS Committee" means the Committee on Sanitary and Phytosanitary Measures established pursuant to Article 12 of the SPS Agreement.

  

2.
   The definitions in Annex A of the SPS Agreement, as well as those of the Codex Alimentarius (Codex), the World Organisation for Animal Health (hereinafter referred to as "WOAH") and the International Plant Protection Convention, signed in Rome on 6 December 1951 (hereinafter referred to as "IPPC") apply to this Chapter.

ARTICLE 6.2

Objectives

The objectives of this Chapter are to:

(a)
   protect human, animal or plant life or health in the territories of the Parties while facilitating trade between them;

(b)
   reinforce and further the implementation of the SPS Agreement;

(c)
   strengthen communication, consultation and cooperation between the Parties, in particular between their competent authorities;

(d)
   ensure that sanitary and phytosanitary measures implemented by the Parties do not create unnecessary barriers to trade;

  

(e)
   improve consistency, certainty and transparency of the sanitary and phytosanitary measures of each Party and their implementation; and

(f)
   encourage the development and adoption of international standards, guidelines and recommendations by the relevant international organisations and enhance the implementation thereof by the Parties.

ARTICLE 6.3

Scope

This Chapter applies to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.

ARTICLE 6.4

Relation to the SPS Agreement

The Parties affirm their rights and obligations with respect to each other under the SPS Agreement.

  

ARTICLE 6.5

Resources for Implementation

Each Party shall use the necessary resources to implement effectively this Chapter.

ARTICLE 6.6

Equivalence

1.
   The Parties acknowledge that the recognition of the equivalence of sanitary and phytosanitary measures of the other Party is an important means to facilitate trade.

2.
   The importing Party shall recognise sanitary and phytosanitary measures of the exporting Party as equivalent to its own measures if the exporting Party objectively demonstrates to the importing Party that its measures achieve the appropriate level of sanitary and phytosanitary protection of the importing Party.

3.
   The importing Party has the right to make the final determination as to whether a sanitary or phytosanitary measure applied by the exporting Party achieves its appropriate level of sanitary and phytosanitary protection.

  

4.
   A Party shall, when assessing or determining the equivalence of a measure of the other Party, take into account among others and if relevant:

(a)
   decisions of the WTO SPS Committee;

(b)
   the work of the relevant international organisations;

(c)
   any knowledge and past experience in trading with the other Party; and

(d)
   information provided by the other Party.

5.
   Each Party shall base its assessment, determination and maintenance of equivalence on standards, guidelines, and recommendations of the relevant international standardisation bodies or, as appropriate, on a risk assessment.

6.
   The importing Party shall promptly initiate the assessment to determine the equivalence if it receives a request for an equivalence assessment from the other Party that is supported by the required information.

7.
   When the importing Party concludes the equivalence assessment, it shall promptly notify its determination to the other Party.

  

8.
   When the importing Party has determined that it recognises the measure of the exporting Party as equivalent, the importing Party shall promptly initiate the necessary legislative or administrative measures to implement the recognition.

9.
   Without prejudice to Article 6.16, if a Party intends to adopt, modify or repeal a measure which is subject to an equivalence determination affecting trade between the Parties, that Party shall:

(a)
   notify the other Party of its intention at an appropriate early stage where any comments submitted from the other Party can be taken into account;

(b)
   provide, on request of the other Party, information and the rationale concerning its planned changes.

10.
   The importing Party shall maintain its recognition of equivalence for the time that the measure, which is subject to the intended change, remains in effect.

11.
   The Parties shall discuss the intended modifications notified pursuant to subparagraph 9(a) on the request of either Party. The importing Party shall review any information submitted pursuant to subparagraph 9(b) without undue delay.

  

12.
   If a Party adopts, modifies or repeals a sanitary or phytosanitary measure that is subject to an equivalence determination by the other Party, the importing Party shall maintain its recognition of equivalence provided that the measures of the exporting Party concerning the product continue to achieve the appropriate level of sanitary or phytosanitary protection of the importing Party. On request of a Party, the Parties shall promptly discuss the determination made by the importing Party.

ARTICLE 6.7

Risk Assessment

1.
   The Parties recognise the importance of ensuring that their respective sanitary and phytosanitary measures are based on scientific principles and conform to the relevant international standards, guidelines and recommendations.

2.
   If a Party considers that a specific sanitary or phytosanitary measure adopted or maintained by the other Party is constraining, or has the potential to constrain, its exports and that measure is not based on a relevant international standard, guideline or recommendation, or a relevant standard, guideline or recommendation does not exist, that Party may request information from the other Party. The requested Party shall provide to the requesting Party an explanation of the reasons and relevant information regarding that measure.

  

3.
   If the relevant scientific evidence is insufficient, a Party may provisionally adopt a sanitary or phytosanitary measure on the basis of available pertinent information including from the relevant international organisations. In such circumstances, that Party shall seek to obtain the additional information necessary for a more objective risk assessment and review the sanitary or phytosanitary measure accordingly within a reasonable period of time.

4.
   Recognising the rights and obligations of the Parties pursuant to the relevant provisions of the SPS Agreement, nothing in this Chapter shall be construed as preventing a Party from:

(a)
   establishing the level of sanitary or phytosanitary protection it determines to be appropriate in accordance with Article 5 of the SPS Agreement;

(b)
   establishing or maintaining an approval procedure that requires a risk assessment to be conducted before that Party grants a product access to its market; or

(c)
   adopting or maintaining sanitary or phytosanitary precautionary measures in accordance with paragraph 7 of Article 5 of the SPS Agreement.

5.
   Each Party shall ensure that its sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between the Parties where identical or similar conditions prevail. A Party shall not apply sanitary and phytosanitary measures in a manner that would constitute a disguised restriction to trade between the Parties.

  

6.
   A Party conducting a risk assessment shall:

(a)
   take into account relevant guidance of the WTO SPS Committee and international standards, guidelines and recommendations;

(b)
   consider risk management options that are no more trade restrictive than required to achieve the level of sanitary or phytosanitary protection it has determined to be appropriate in accordance with paragraph 3 of Article 5 of the SPS Agreement, taking into account technical and economic feasibility, and

(c)
   take into account the objective of minimising negative effects on trade when determining the appropriate level of sanitary or phytosanitary protection in accordance with paragraph 4 of Article 5 of the SPS Agreement, and select a risk management option that is no more trade restrictive than required to achieve the sanitary or phytosanitary objective, taking into account technical and economic feasibility.

7.
   On request of the exporting Party, the importing Party shall inform the exporting Party of the progress made with regard to a specific risk assessment concerning a market access request of the exporting Party, and of any delay that may occur during the process.

  

8.
   Without prejudice to Article 6.16, a Party shall not stop the importation of a product of the other Party solely for the reason that the Party is undertaking a review of its sanitary or phytosanitary measures, if the importing Party permitted the importation of that product of the other Party at the time the review was initiated.

ARTICLE 6.8

Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas 
  
and Areas of Low Pest or Disease Prevalence

General

1.
   The Parties recognise that the adaptation of sanitary and phytosanitary measures to regional pest or disease conditions is an important means to protect animal and plant life or health, and to facilitate trade.

2.
   The Parties shall recognise the concepts of pest- or disease- free areas and areas of low pest or disease prevalence. The determination of such areas shall be based on factors such as geography, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls.

  

3.
   The exporting Party claiming that areas within its territory are pest- or disease-free areas or areas of low pest or disease prevalence shall provide the necessary evidence thereof in order to objectively demonstrate to the importing Party that such areas are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, respectively. For that purpose, the exporting Party shall, on request of the importing Party, provide reasonable access for inspection, testing and other relevant procedures.

4.
   When determining the areas referred to in paragraph 2 by regionalisation decisions, the Parties shall take into account the relevant guidance of the WTO SPS Committee and base their measures on international standards, guidelines and recommendations, or, in case those do not achieve the appropriate level of sanitary or phytosanitary protection of the Party, on a risk assessment appropriate to the circumstances.

5.
   For the determination of areas referred to in paragraph 2, the importing Party shall take into account any relevant information of and prior experience with the authorities of the exporting Party.

6.
   The importing Party may determine that an expedited process can be used to evaluate a request from the exporting Party for recognition of pest- or disease-free areas or areas of low pest or disease prevalence.

7.
   If the exporting Party does not agree with the determination of the importing Party, the importing Party shall provide a justification to the exporting Party.

  

8.
   On request of the importing Party, the exporting Party shall provide a full explanation and supporting data for the determinations and decisions covered by this Article. During those processes, the Parties shall endeavour to avoid unnecessary disruption to trade.

Animals, Animal Products and Animal By-Products

9.
   The Parties recognise the principle of zoning which they agree to apply in their trade. The Parties also recognise the official animal health status as determined by the WOAH.

10.
   The importing Party shall normally base its own determination of the animal health status of the exporting Party on the evidence provided by the exporting Party in accordance with the SPS Agreement and the WOAH Terrestrial Animal Health Code and the WOAH Aquatic Animal Health Code.

11.
   The importing Party shall assess any additional information received from the exporting Party without undue delay and normally within 90 days after receipt. The importing Party may request an on-site inspection to the exporting Party and shall carry out any inspection in accordance with the principles set out in Article 6.11 and within 90 days following receipt of the request for inspection by the exporting Party unless otherwise agreed between the Parties.

12.
   The Parties recognise the concept of compartmentalisation and shall cooperate on this matter.

  

Plants and Plant Products

13.
   The Parties recognise the concepts of pest free areas, pest free places of production and pest free production sites, as well as areas of low pest prevalence as means to protect plant life or health, and to facilitate trade as specified in relevant IPPC International Standards for Phytosanitary Measures (hereinafter referred to as "ISPM"), which they agree to apply to goods traded between them.

14.
   On request of the exporting Party, the importing Party shall, when adopting or maintaining phytosanitary measures, take into account pest free areas, pest free places of production, pest free production sites, as well as areas of low pest prevalence established by the exporting Party in accordance with the relevant international standards, guidelines and recommendations.

15.
   The exporting Party shall identify pest free areas, pest free places of production, pest free production sites or areas of low pest prevalence and provide that information to the other Party. On request, the exporting Party shall provide a full explanation and supporting data in accordance with the relevant ISPM or otherwise as appropriate.

16.
   Without prejudice to Article 6.16, the importing Party shall, in principle, base its own determination of the plant health status of the exporting Party or parts thereof on the information provided by the exporting Party in accordance with the SPS Agreement and the relevant ISPM.

17.
   The importing Party shall assess any additional information received from the exporting Party without undue delay and normally within 90 days after receipt. The importing Party may request an on-site inspection to the exporting Party and shall carry out any inspection in accordance with the principles set out in Article 6.11 and within 6 months following receipt of the request for inspection by the exporting Party unless otherwise agreed between the Parties. When agreeing on a different period, the Parties shall take into account the biology of the pest and the crop concerned.

ARTICLE 6.9

Transparency

1.
   The Parties recognise the value of sharing information about their sanitary and phytosanitary measures on an ongoing basis, and of providing the other Party with the opportunity to comment on their proposed sanitary and phytosanitary measures.

2.
   In implementing this Article, each Party shall take into account relevant guidance of the WTO SPS Committee as well as international standards, guidelines and recommendations.

  

3.
   Unless urgent problems of human, animal or plant life or health protection arise or threaten to arise, or the measure is of a trade-facilitating nature, a Party shall notify a proposed sanitary or phytosanitary measure which may affect trade between the Parties and normally allow at least 60 days after the notification for the other Party to provide written comments. If feasible and appropriate, that Party should allow more than 60 days for comments and shall consider any reasonable request from the other Party to extend the time period for comments. On request, the Party shall respond to the written comments of the other Party in an appropriate manner.

4.
   The Parties shall:

(a)
   pursue transparency as regards sanitary and phytosanitary measures applicable to trade;

(b)
   enhance mutual understanding of the sanitary or phytosanitary measures of each Party and their application; and

(c)
   exchange information on matters related to the development and application of sanitary or phytosanitary measures with a view to minimising their negative effects on trade between the Parties.

  

5.
   Each Party shall, on request of the other Party and normally within 15 days after the receipt of the request, provide information on:

(a)
   import requirements that apply for the import of specific products; and

(b)
   progress on the application for the approval of specific products.

6.
   The information referred to in subparagraph 4(c) and paragraph 5 is deemed to be provided if it has been made available by notification to the WTO in accordance with the relevant rules and procedures or if the information has been made available free of fees on a publicly accessible official website of the Party.

7.
   On request, a Party shall provide to the other Party the relevant information that the Party considered to develop the proposed measure, as appropriate and to the extent permitted by the confidentiality and privacy requirements of the Party providing the information.

8.
   A Party may request the other Party to discuss, if appropriate and feasible, about any trade concern in relation to a proposed sanitary or phytosanitary measure and about the availability of alternative, significantly less trade-restrictive approaches for achieving the objective of that measure.

9.
   Each Party shall publish, preferably by electronic means, notices of sanitary or phytosanitary measures in an official journal or on a website.

  

10.
   Each Party shall ensure that the text or the notice of a sanitary or phytosanitary measure specifies the date on which the measure takes effect and the legal basis for the measure.

11.
   The exporting Party shall notify the importing Party in a timely and appropriate manner:

(a)
   of a significant sanitary or phytosanitary risk related to the current trade;

(b)
   of urgent situations where a change in animal or plant health status in the territory of the exporting Party may affect current trade;

(c)
   of significant changes in the pest or disease status, such as the presence and evolution of pests or diseases, including the application of regionalisation decisions; and

(d)
   of significant changes in food safety, pest or disease management, control or eradication policies or practices that may affect current trade.

12.
   If feasible and appropriate, a Party should provide a period of more than six months between the date of publication of a sanitary or phytosanitary measure that may affect trade between the Parties and the date on which the measure takes effect, unless the measure is intended to address an urgent problem of human, animal or plant life or health protection or the measure is of a trade-facilitating nature.

13.
   A Party shall provide to the other Party, on request, information on all sanitary or phytosanitary measures related to the importation of a product into its territory.

  

ARTICLE 6.10

Trade Facilitation

Approval Procedures

1.
   The Parties recognise that each Party has the right to develop and apply approval procedures to ensure the fulfillment of the appropriate level of sanitary and phytosanitary protection of the importing Party while minimising negative effects on trade.

2.
   Each Party shall ensure that all sanitary and phytosanitary approval procedures affecting trade between the Parties:

(a)
   are undertaken and completed without undue delay; and

(b)
   are not conducted in a manner which would constitute an arbitrary or unjustifiable discrimination against the other Party.

3.
   Each Party shall endeavour to ensure that products exported to the other Party meet the appropriate level of sanitary or phytosanitary protection of the importing Party. To that end, the exporting Party shall establish and carry out appropriate control measures, including risk-based on‑site inspections where appropriate. The importing Party may require that the relevant competent authority of the exporting Party objectively demonstrates, to the satisfaction of the importing Party, that its import requirements are fulfilled.

  

4.
   If the importing Party requires a product to be approved prior to importation, that Party shall, on request of the exporting Party, promptly make available information about sanitary and phytosanitary import procedures. The importing Party shall in particular ensure that:

(a)
   the standard processing period of each procedure is published or that the anticipated processing period is communicated on request to the exporting Party;

(b)
   the competent authority of the importing Party, when receiving an application, promptly examines the completeness of the documentation and informs the exporting Party in a precise and complete manner of all missing elements;

(c)
   the competent authority of the importing Party transmits as soon as possible the results of the procedure in a precise and complete manner to the exporting Party so that corrective action, if necessary, may be taken;

(d)
   the competent authority of the importing Party proceeds, even if the application is missing elements, as far as practicable with the procedure if the exporting Party so requests; and

(e)
   the competent authority of the importing Party informs the exporting Party, on request, of the stage of the procedure including an explanation of any delay.

5.
   If a Party requires for the approval process a risk assessment, that Party shall under normal circumstances promptly, and normally within one year after the date of receipt of the required information for the exportation of the product, make that risk assessment available.

6.
   Each Party shall endeavour to apply reasonable timelines for all steps of its approval processes and shall promptly start those processes on receipt of an application from the other Party.

7.
   Each Party shall avoid unnecessary duplication and administrative burdens with respect to:

(a)
   any documentation, information or action that it requires of the applicant as part of its approval processes; and

(b)
   any information the Party evaluates as part of the approval processes.

8.
   Each Party shall promptly make available any changes to its required approval processes or related requirements. Except in duly justified circumstances related to its level of protection, each Party shall provide a transition period between the publication of any changes to its approval processes or related requirements and their entry into force to allow the other Party to become familiar with and adapt to such changes. Each Party shall endeavour to accommodate and avoid lengthening the approval process for applications submitted prior to the publication of the changes. If the change of the approval processes reduces burdens, the entry into force shall not be unnecessarily delayed.

  

9.
   On request, a Party shall provide, in a timely manner, to the other Party information on the stage of the approval procedure.

Specific Plant Health related Conditions

10.
   In accordance with applicable standards agreed under the IPPC, each Party shall maintain adequate information on its pest status, which may include surveillance, eradication and containment programmes and their results, in order to support the categorisation of pests and to justify phytosanitary import measures.

11.
   Each Party shall endeavour to establish and update a list of regulated pests for products for which a phytosanitary concern exists. The list shall contain:

(a)
   the quarantine pests not present within any part of its territory;

(b)
   the quarantine pests present but not widely distributed and under official control; and

(c)
   the regulated non-quarantine pests.

12.
   Each Party shall limit its import requirements for plants or plant products for which a phytosanitary concern exists to measures ensuring the absence of regulated pests. Such import requirements shall be applicable to the entire territory of the exporting Party taking into account the regional conditions.

  

13.
   Consignments of products for which phytosanitary measures exist shall be accepted on the basis of adequate guarantees provided by the exporting Party without pre-clearance programs. The importing Party may, based on a system approach, confer the related activities for the trade of products to the competent authority of the exporting Party.

14.
   The Parties shall only adopt phytosanitary measures that are technically justified, consistent with the pest risk involved and represent the least restrictive measures available.

15.
   For the purpose of implementing paragraphs 10 to 14, the Parties shall take into account the relevant ISPM.

Specific Sanitary and Phytosanitary Import Requirements

16.
   If several sanitary or phytosanitary measures are available to achieve the appropriate level of protection of the importing Party, the Parties shall, on request of the exporting Party, establish a technical dialogue with a view to avoid unnecessary trade disruption and to select the most practicable solution.

ARTICLE 6.11

Audits

1.
   In order to determine the ability of the exporting Party to provide the required assurances and to comply with the sanitary and phytosanitary measures of the importing Party, the importing Party shall have the right to audit, subject to the provisions of this Article, the competent authorities and associated or designated inspection systems of the exporting Party.

2.
   The importing Party may determine that it is necessary to carry out an audit as one of the tools to assess the official inspection and certification systems of the exporting Party. Such audit shall follow a systems-based approach which relies on the examination of a sample of system procedures, documents or records and, where required, on-site inspections of facilities within the scope of the audit.

3.
   Audits shall focus primarily on evaluating the effectiveness of the official inspection and certification systems as well as the capacity of the exporting Party to comply with the sanitary and phytosanitary import requirements and related control measures, rather than on evaluating specific establishments or facilities, in order to determine the ability of the exporting Party's competent authorities to have and maintain control and deliver the required assurances to the importing country.

  

4.
   In conducting an audit, the importing Party shall take into account relevant guidance of the WTO SPS Committee and act in conformity with relevant international standards, guidelines, and recommendations.

5.
   The importing Party shall determine the nature and frequency of audits taking into account the inherent risks of the product, the track record of past import checks and other available information, such as audits and inspections carried-out by the competent authority of the exporting Party.

6.
   Each Party shall endeavour to reduce the frequency and number of audits. If the importing Party considers it necessary to carry out an audit as one of the tools to assess the official inspection and certification systems of the exporting Party, as well as the capacity of the exporting Party to comply with the sanitary and phytosanitary import requirements and related control measures, the following shall apply:

(a)
   for the first export request for a specific product, the importing Party shall carry out an audit on a representative sample of the other Party; and

(b)
   for any subsequent export request for the same product, with the aim to shorten the time of the approval procedure, the importing Party shall carry out an audit to the exporting Party only in duly justified circumstances. If the importing Party carries out an audit, it shall provide an explanation to the exporting Party.

7.
   Prior to the audit, the competent authorities of the importing Party and of the exporting Party shall discuss and lay down in an audit plan:

(a)
   the rationale for, and the objectives and scope of the audit;

(b)
   the criteria or requirements against which the exporting Party will be assessed; and

(c)
   the itinerary and procedures for conducting the audit.

Unless otherwise agreed by the Parties, the importing Party shall provide the exporting Party an audit plan at least 30 days prior to the audit.

8.
   The importing Party shall provide information about the results of the audit in writing to the exporting Party by means of an audit report that sets out findings, conclusions and recommendations.

9.
   The importing Party shall provide the draft audit report to the exporting Party, normally within 30 days of the conclusion of the audit.

10.
   The importing Party shall provide the exporting Party with the opportunity to comment on the findings of the audit. The importing Party may take any such comments into account before drawing conclusions and taking any action. The importing Party shall provide a final report in writing to the exporting Party normally within two months after the date of receipt of those comments.

  

11.
   The exporting Party shall inform the importing Party of any corrective actions taken on the basis of the importing Party's findings and conclusions.

12.
   Each Party shall ensure that procedures are in place to prevent the disclosure of confidential information obtained during an audit of the competent authorities of the exporting Party, including procedures to remove any confidential information from a final audit report before that report is made publicly available.

13.
   Any measures taken as a result of audits shall be proportionate to the risks identified and shall not be more trade restrictive than required to achieve the appropriate level of sanitary or phytosanitary protection of the importing Party. If so requested, consultations regarding the situation shall be held in accordance with Article 6.19. The Parties shall consider any information provided through such consultations.

14.
   Each Party shall bear its own costs associated with the audit.

ARTICLE 6.12

Import Checks

1.
   Each Party shall ensure that its import checks are risk-based, carried out without undue delay and applied in a proportionate and non-discriminatory manner.

  

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

3.
   Each Party shall make available to the other Party, on request, information on its import procedures including the frequency of import checks regarding sanitary and phytosanitary measures and the factors it considers as determining the risks associated with importations.

4.
   If an import check reveals that a product does not comply with the relevant import requirements, the importing Party shall:

(a)
   base its action on an assessment of the risk involved and ensure that the action is not more trade-restrictive than necessary to achieve its appropriate level of sanitary or phytosanitary protection;

(b)
   inform the importer or its representative of the reasons for the non-compliance, the legal basis for the action and, as appropriate, on the place of disposal of that consignment; and

(c)
   provide to the importer or its representative the opportunity to provide additional information for assisting that Party in taking a decision.

  

5.
   If a Party prohibits or restricts the importation of a good of the other Party on the basis of a negative result of an import check, the importing Party, shall, in accordance with its law, if requested by the competent authority of the exporting Party or the operator responsible for the consignment, provide in writing through normal channels the reason for the prohibition or restriction, the legal basis or authorisation for the action and, as appropriate, information on the place of disposal of that consignment.
[21](#footnote21)

6.
   If the rejected consignment is accompanied by a sanitary or phytosanitary certificate, the importing Party shall inform the competent authority of the exporting Party and provide all appropriate information, including the legal basis for the action, detailed laboratory results and methods. The importing Party shall maintain physical and electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample and the analytical methods used on the test sample. The importing Party shall also inform the importer or its representative on the disposal of that consignment. In the case of pest interceptions, the notification shall indicate the pest at species level whenever feasible.

7.
   If the importing Party determines that there is a significant, sustained or recurring pattern of non-conformity with a sanitary or phytosanitary measure, the importing Party shall notify the exporting Party of the non-conformity.

  

8.
   Notwithstanding paragraph 6, the importing Party shall provide to the exporting Party, on request, available information on goods from the exporting Party that were found not to be in conformity to a sanitary or phytosanitary measure of the importing Party.

9.
   Any fees imposed with respect to any procedure to check and ensure the fulfilment of sanitary or phytosanitary measures shall not be higher than the actual cost of the service.

ARTICLE 6.13

Certification

1.
   If a Party requires a sanitary or phytosanitary certificate for the importation of a good such certificate shall be based on the international standards of the Codex, the IPPC and the WOAH.

2.
   Each Party shall ensure that its certificates, including any attestations, are prepared in a manner that avoids imposing unnecessary burdens for the trade between the Parties.

3.
   The importing Party shall promptly provide to the other Party, on request, information on the certificates required for a specific product.

4.
   The Parties shall strengthen their cooperation in developing model certificates with a view to reducing administrative burdens and facilitating access to their respective markets.

  

5.
   The Parties shall promote the implementation of electronic certification and other technologies to facilitate trade between them.

6.
   Each Party shall accept the exchange of original certificates either by a paper-based system or by a secure method of electronic data transmission that offers an equivalent certification guarantee. The exporting Party may provide electronic official certification if the importing Party has determined that equivalent security guarantees are provided, including the use of a digital signature and the guarantee of the authenticity of the document.

ARTICLE 6.14

Application of SPS Measures

1.
   Without prejudice to Article 6.8, each Party shall apply its sanitary or phytosanitary measures to the territory of the other Party.

2.
   In order to avoid an arbitrary or unjustifiable discrimination, the same import requirements shall apply to the territory of the exporting Party where identical or similar sanitary or phytosanitary conditions exist.

  

3.
   For the first export request for a specific product, the importing Party shall promptly start the approval procedure for an application of the other Party or, as the case may be, of one or a group of Member States of the European Union. The approval procedure shall follow the procedure set out in Article 6.10 and, in case of an application of a group of Member States where identical or similar sanitary or phytosanitary conditions exist, shall not take longer than for an application of one Member State.

4.
   For a subsequent export request related to the same product, the importing Party shall approve the application no later than six months after the reception of the request, except in duly justified cases. Information requests shall be limited to what is necessary and shall take into account information already available to the importing Party, such as information on the legislative framework and previous audit reports.

ARTICLE 6.15

Elimination of Redundant Control Measures

1.
   The Parties recognise that the exporting Party is responsible for ensuring that establishments, facilities and products eligible for exports meet the applicable sanitary requirements of the importing Party.

  

2.
   If the importing Party maintains a list of approved establishments or facilities for the import of a specific good, it shall, on request of the exporting Party accompanied by the appropriate guarantees, approve an establishment or facility situated in the territory of the exporting Party without prior inspection thereof, subject to the following conditions and procedures:

(a)
   the importing Party has authorised the import of the good on the basis of an evaluation of the control system on animal health and food safety conditions applied by the competent authorities of the exporting Party;

(b)
   the establishment or facility concerned has been approved by the competent authority of the exporting Party;

(c)
   the competent authority of the exporting Party has the authority to suspend or withdraw the approval of the establishment or facility concerned; and

(d)
   the exporting Party has provided the relevant information requested by the importing Party.

3.
   The importing Party shall include the establishments or facilities on the list of approved establishments or facilities normally within 45 days after the date of receipt of the request of the exporting Party. The list shall be made publicly available.

  

4.
   The importing Party shall have the right to audit the control system of the exporting Party after the export approval. Those audits may include on-site inspection of a representative number of establishments or facilities included in the list of approved establishments or facilities, or of those requested for approval by the exporting Party. If the importing Party identifies as a result of the audit serious recurrent cases of non-compliance, the importing Party may suspend the recognition of the control system of the competent authority of the exporting Party.

5.
   In duly justified circumstances, the importing Party may refuse the approval of establishments or facilities that are considered as non-compliant with its requirements. In such a case, the importing Party shall notify the exporting Party of the refusal to approve establishments or facilities and provide a justification for that refusal.

6.
   The importing Party may carry out audits in accordance with Article 6.11 as part of the approval procedure. Such audits shall be limited to the structure, organisation and responsibilities of the competent authority responsible for the approval of the establishment or facility and the sanitary guarantees regarding the compliance with the requirements of the importing Party. Those audits may include on-site inspection of a representative number of establishments or facilities listed as approved establishments or facilities or for which a request for approval was made by the exporting Party.

7.
   Based on the results of such audits, the importing Party may modify the list of establishments or facilities.

8.
   This Article does not apply to measures relating to plants and plant products.

  

ARTICLE 6.16

Emergency Measures

1.
   The importing Party may, on serious grounds, provisionally adopt the emergency measures necessary for the protection of human, animal or plant life or health.

2.
   A Party that adopts an emergency measure shall promptly notify that measure in writing to the other Party. The Party that has adopted an emergency measure shall take into consideration any information provided by the other Party.

3.
   After adopting an emergency measure, the Party shall review the rationale thereof normally within six months, provided that the relevant information is available, and inform on request the other Party of the results of the review. A Party shall not maintain the emergency measure unless the urgent problem or the threat persists. If the Party maintains the emergency measure, that measure should be periodically reviewed.

4.
   A Party that adopts an emergency measure shall, in order to avoid unnecessary disruptions to trade, provide the most suitable and proportionate solution for consignments in transport between the Parties, taking into account the identified risk.

  

ARTICLE 6.17

Cooperation

1.
   The Parties shall explore, in accordance with this Chapter, options for further cooperation and information exchange between the Parties on sanitary and phytosanitary matters of mutual interest. Those options may include trade facilitation initiatives.

2.
   The Parties shall cooperate to facilitate the implementation of this Chapter and may jointly identify initiatives on sanitary and phytosanitary matters with the aim of eliminating unnecessary barriers to trade between the Parties.

3.
   The Parties may promote cooperation in all multilateral fora, in particular with the relevant international standardisation bodies.

ARTICLE 6.18

Exchange of Information

Without prejudice to other provisions of this Chapter, a Party may request information from the other Party on matters arising under this Chapter. The requested Party shall endeavour to provide, in conformity with its own confidentiality and privacy requirements, available information to the requesting Party within a reasonable period of time, and if possible, by electronic means.

  

ARTICLE 6.19

Consultations

1.
   Each Party may request consultations on specific trade concerns relating to sanitary and phytosanitary measures.

2.
   The Parties shall hold those consultations within 30 days after the receipt of the request, unless the Parties agree otherwise.

3.
   The Parties shall endeavour to provide all relevant information necessary to reach a mutually agreed solution that avoids unnecessary disruption to trade.

ARTICLE 6.20

Contact Points

1.
   Each Party shall designate a contact point for the implementation of this Chapter and notify the other Party of the contact details including the indication of the official in charge.

2.
   The Parties shall promptly notify each other of any change of those contact details.

  

ARTICLE 6.21

Sub-Committee on Sanitary and Phytosanitary Measures

1.
   The Sub-Committee on Sanitary and Phytosanitary Measures established pursuant to Article 33.4.1(e)(Sub-Committees and Other Bodies) shall:

(a)
   provide a forum to improve the Parties' understanding of sanitary and phytosanitary matters that relate to the implementation of this Chapter, including the regulatory processes related to SPS measures;

(b)
   monitor the implementation of this Chapter and consider any matter relating to this Chapter, including all matters which may arise in relation to its implementation;

(c)
   provide a forum for discussion of concerns from the application of sanitary or phytosanitary measures with a view to reaching mutually acceptable solutions and promptly addressing any matters that may create unnecessary obstacles to trade between the Parties;

(d)
   exchange information, expertise and experiences on sanitary and phytosanitary matters;

2.
   The Sub-Committee on Sanitary and Phytosanitary Measures may:

(a)
   identify areas for cooperation on sanitary and phytosanitary measures which may include technical assistance;

  

(b)
   promote cooperation on sanitary and phytosanitary matters under discussion in multilateral fora, including the WTO SPS Committee and international standardisation bodies; and

(c)
   establish working groups consisting of expert-level representatives of the Parties, to address specific sanitary or phytosanitary matters, which may invite, with the modalities to be decided, other experts to participate, including from non-governmental organisations.

  

CHAPTER 7

COOPERATION ON ANIMAL WELFARE AND ANTI-MICROBIAL RESISTANCE

ARTICLE 7.1

Objectives

The objectives of this Chapter are to provide a framework for dialogue and cooperation with a view to enhancing the protection and welfare of animals and reaching a common understanding concerning animal welfare standards, and to strengthen the fight against the development of anti‑microbial resistance.

ARTICLE 7.2

Animal Welfare

1.
   The Parties recognise that animals are sentient beings.

  

2.
   The Parties recognise the value of the World Organisation for Animal Health (WOAH) animal welfare standards, and shall endeavour to improve their implementation while respecting their right to determine the level of their science-based measures based on the WOAH animal welfare standards.

3.
   The Parties shall endeavour to cooperate in international fora with the aim of promoting further development of good animal welfare practices and their implementation. The Parties recognise the value of increased research collaboration in the area of animal welfare.

ARTICLE 7.3

Anti-Microbial Resistance

1.
   The Parties recognise that anti-microbial resistance is a serious threat to human and animal health. Misuse of anti-microbials in animal production, including non-therapeutic use, can contribute to anti-microbial resistance that may represent a risk to human and animal health. The Parties recognise that the nature of the threat requires a transnational and "One Health"
[22](#footnote22)
 approach.

2.
   The Parties shall cooperate to reduce the use of anti-microbials in animal production and to ban their use as growth promotors with the aim of combatting anti-microbial resistance in line with the "One Health" approach.

  

3.
   The Parties shall cooperate in and follow existing and future guidelines, standards, recommendations and actions developed in relevant international organisations, initiatives and national plans aiming to promote the prudent and responsible use of anti-microbials in animal husbandry and veterinary practices.

4.
   The Parties shall promote cooperation in all multilateral fora, in particular in the international standard setting bodies.

ARTICLE 7.4

Working Group on Animal Welfare and Anti-Microbial Resistance

1.
   The Parties shall endeavour to exchange information, expertise and experiences in the fields of animal welfare and combatting anti-microbial resistance with the aim of implementing Articles 7.2 and 7.3.

2.
   To that end, the Parties shall establish a working group on animal welfare and anti-microbial resistance which shall share information with the Sub-Committee on Sanitary and Phytosanitary Measures, as appropriate. The representatives of the Parties in the working group may jointly decide to invite experts for specific activities.

  

ARTICLE 7.5

Non-Application of Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) concerning the interpretation or application of the provisions of this Chapter.

  

CHAPTER 8

RECOGNITION OF THE PARTIES' RIGHT 
  
TO REGULATE THE ENERGY SECTOR

ARTICLE 8.1

Recognition of the Parties' Right to Regulate the Energy Sector

1.
   The Parties confirm their full respect for their respective sovereignty, which includes the ownership and management of all hydrocarbons in the subsoil of their respective territories by the state or by the relevant public authorities, and their respective sovereign right to regulate with respect to matters addressed in this Chapter in accordance with their respective law, in the full exercise of their democratic processes.

2.
   In the case of Mexico, the European Union, without prejudice to its rights and remedies available under this Agreement,
[23](#footnote23)
 recognizes that:

(a)
   Mexico reserves its sovereign right to reform its Constitution (Constitución Política de los Estados Unidos Mexicanos) and its domestic legislation regarding the energy sector, including hydrocarbons and electricity;

  

(b)
   Mexico has the direct, inalienable, and imprescriptible ownership of all hydrocarbons in the subsoil of the national territory, including the continental shelf and the exclusive economic zone located outside the territorial sea and adjacent thereto, in strata or deposits, regardless of their physical conditions pursuant to Mexico's Constitution; and

(c)
   Mexico reserves its sovereign right to adopt or maintain measures regarding the energy sector, including hydrocarbons and electricity.

  

CHAPTER 9

TECHNICAL BARRIERS TO TRADE

ARTICLE 9.1

Objective

The objective of this Chapter is to facilitate trade in goods between the Parties by preventing, identifying and eliminating unnecessary technical barriers to trade, enhancing transparency and promoting greater regulatory cooperation.

ARTICLE 9.2

Scope

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

  

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

(a)
   technical specifications prepared by procuring entities for their own production or consumption requirements; or

(b)
   sanitary and phytosanitary measures covered by Chapter 6 (Sanitary and Phytosanitary Measures).

3.
   All references in this Chapter to standards, technical regulations and conformity assessment procedures include amendments thereto and additions to the rules or the product coverage thereof, except amendments and additions of an insignificant nature.

ARTICLE 9.3

Relation with the TBT Agreement

Articles 2 to 9 and Annexes 1 and 3 to the TBT Agreement are hereby incorporated into and made part of this Agreement, mutatis mutandis.

  

ARTICLE 9.4

International Standards

1.
   The Parties recognise the important role that international standards, guides and recommendations can play in supporting greater regulatory alignment, good regulatory practice and reducing unnecessary technical barriers to trade. To that end, the Parties shall use relevant international standards as a basis for their technical regulations, except when the Party developing the technical regulation can demonstrate that such international standards would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued.

2.
   In addition to the obligations set out in Articles 2 and 5 and Annex 3 of the TBT Agreement, each Party shall consider, among others, the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995.
[24](#footnote24)

3.
   Standards developed by international organisations including those listed in Annex 9-A shall be considered to be relevant international standards, provided that in their development those organisations have complied with the principles and procedures set out in the Decision of the WTO Committee on Technical Barriers to Trade on Principles for the Development of International Standards, Guides and Recommendations.
[25](#footnote25)

  

4.
   At the request of either Party the Trade Committee may by decision update the list in Annex 9-A.

5.
   With a view to harmonising standards on as wide a basis as possible, each Party shall encourage the standardisation bodies within its territory, as well as the regional standardisation bodies of which the Party or the standardisation bodies within its territory are members, to:

(a)
   participate, within the limits of their resources, in the preparation of international standards by relevant international standardisation bodies;

(b)
   use relevant international standards as a basis for the standards they develop, except where such international standards would be ineffective or inappropriate, for instance because of an insufficient level of protection or fundamental climatic or geographical factors or fundamental technological problems;

(c)
   avoid duplication of, or overlap with, the work of international standardisation bodies;

(d)
   review national and regional standards not based on relevant international standards at regular intervals, with a view to increasing their convergence with relevant international standards;

  

(e)
   cooperate with the relevant standardisation bodies of the other Party in international standardisation activities to ensure that international standards, guides and recommendations that are likely to become a basis for technical regulations and conformity assessment procedures do not create unnecessary obstacles to international trade; that cooperation may be undertaken in international standardisation bodies or at regional level;

(f)
   foster bilateral cooperation with the standardisation bodies within the territory of the other Party, as well as the regional standardisation bodies of which the other Party or the standardisation bodies within its territory are members;

(g)
   make publicly available through a website their work programs containing a list of the standards they are currently preparing and of the standards they have adopted.

6.
   Article 9.6 of this Chapter and Articles 2 or 5 of the TBT Agreement apply to a draft technical regulation or a draft conformity assessment procedure, which makes a standard mandatory through incorporation or referencing.

  

ARTICLE 9.5

Conformity Assessment Procedures

1.
   The Parties recognise that different mechanisms exist to facilitate the acceptance of the results of conformity assessment, including:

(a)
   voluntary agreements between the conformity assessment bodies within the territories of the Parties;

(b)
   agreements on the mutual acceptance of the results of conformity assessment procedures with regard to specific technical regulations, carried out by bodies located within the territory of the other Party;

(c)
   use of accreditation procedures to qualify conformity assessment bodies;

(d)
   government designation or, if applicable, approval of conformity assessment bodies;

(e)
   recognition by a Party of the results of conformity assessment bodies within the territory of the other Party; and

(f)
   acceptance of the supplier's declaration of conformity by the importing Party.

2.
   Recognising the differences in the conformity assessment procedures in their respective territories:

(a)
   the European Union shall, as provided for in its laws and regulations, apply the regime of supplier's declaration of conformity; and

(b)
   Mexico shall, as provided for in its laws and regulations, accept as an assurance that a product conforms to the requirements of Mexico's technical regulations, including technical regulations enacted after the entry into force of this Agreement, and without additional requirements, certificates issued by conformity assessment bodies within the territory of the European Union and that have been accredited by a Mexican accreditation entity and approved by the competent authority.

In this regard, Mexico shall accord to conformity assessment bodies within the territory of the European Union treatment no less favourable than that it accords to conformity assessment bodies within its own territory.

Nothing in this subparagraph shall preclude Mexico from verifying the results of individual conformity assessment procedures, as long as it does not require that a product is subject to conformity assessment procedures in the territory of Mexico duplicating the conformity assessment procedures already conducted in the territory of the European Union, except on a random or infrequent basis for the purpose of surveillance, audit or in response to information indicating non-conformity.

  

3.
   Notwithstanding paragraph 2, a Party may introduce requirements for mandatory third party testing or certification for products if compelling reasons related to the protection of human health and safety justify the introduction of such requirements or certification.

4.
   Nothing in this Article shall preclude a Party from requesting that a conformity assessment in relation to specific products is performed by specified governmental bodies of that Party. In such cases, the Party shall:

(a)
   limit the conformity assessment fees to the approximate cost of the services rendered and, on request of an applicant for conformity assessment, explain how the fees imposed are limited in amount to the approximate cost of the services rendered;

(b)
   make publicly available the conformity assessment fees; and

(c)
   on request of the other Party, and in addition to the obligations set out in Articles 5.2.3, 5.2.4 and 5.2.8 of the TBT Agreement, explain:

(i)
   how the information required is necessary to assess conformity and determine fees;

(ii)
   how the Party ensures that the confidentiality of the information required is respected in a manner that ensures the protection of legitimate commercial interests; and

  

(iii)
   the procedure to review complaints concerning the operation of the conformity assessment procedure.

5.
   Each Party shall publish online, preferably on a single website:

(a)
   any procedures, criteria and other conditions that it may use as a basis for determining whether conformity assessment bodies are competent to receive accreditation, approval, designation or other recognition, if applicable, including recognition granted pursuant to a mutual recognition agreement; and

(b)
   a list of the bodies that it has approved, designated or otherwise recognised to perform such conformity assessment and relevant information on the scope of the approval, designation or other recognition of each body.

6.
   A Party may submit a substantiated request to the other Party to enter into negotiations to conclude a mutual recognition agreement on the mutual acceptance of the results of conformity assessment procedures for a particular sector. If the other Party refuses to enter into such negotiations, it shall explain the reasons for its decision.

7.
   Article 9.7 applies, mutatis mutandis, to conformity assessment procedures.

  

8.
   If a Party requires a conformity assessment procedure, it shall:

(a)
   select conformity assessment procedures proportionate to the risks involved as determined on the basis of a risk assessment; and

(b)
   on request, provide information to the other Party on the criteria used for the conformity assessment procedures for specific products.

9.
   If a Party requires a third party conformity assessment procedure and it has not reserved this task to a specified governmental body as referred to in paragraph 4, it shall:

(a)
   preferably use accreditation to qualify conformity assessment bodies;

(b)
   make best use of international standards for accreditation and conformity assessment, as well as international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF);

(c)
   join or, as applicable, encourage its conformity assessment bodies to join any functioning international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results;

  

(d)
   ensure that when more than one conformity assessment body has been designated for a particular product or set of products, economic operators have a choice amongst them to carry out the conformity assessment procedure;

(e)
   ensure that there are no conflicts of interest between accreditation bodies and conformity assessment bodies; and

(f)
   allow conformity assessment bodies to rely on testing or inspections carried out by conformity assessment bodies within the territory of the other Party in relation to the conformity assessment. Nothing in this subparagraph shall be construed as prohibiting a Party from requiring those conformity assessment bodies within the territory of the other Party to meet the same requirements that its own conformity assessment body is required to meet.

ARTICLE 9.6

Transparency

1.
   In accordance with its respective rules and procedures and without prejudice to Chapter 28 (Good Regulatory Practices), when developing technical regulations and conformity assessment procedures, which may have a significant effect on trade, each Party shall, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise:

(a)
   allow persons of the other Party to participate in its public consultation process on terms no less favourable than those accorded to its own persons; and

  

(b)
   make the results of the consultation process public on an official website.

2.
   Each Party shall endeavour to consider methods to provide additional transparency in the development of technical regulations and conformity assessment procedures, including the use of electronic tools and public outreach or public consultations.

3.
   If appropriate, each Party shall encourage non-governmental bodies including standardisation bodies within its territory to comply with paragraphs 1 and 2.

4.
   Each Party shall ensure that any document laying down a technical regulation or conformity assessment procedure contains sufficient detail to adequately inform interested persons and the other Party about whether and how their trade interests might be affected.

5.
   Each Party shall publish online, preferably on a single website or official gazette, all proposals for new or amended technical regulations and conformity assessment procedures of central and sub-central levels of government, and their final versions, which a Party is required to notify or publish in accordance with the TBT Agreement.
[26](#footnote26)

6.
   Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are published on a website free of charge.

  

7.
   Each Party shall publish proposals for new technical regulations and conformity assessment procedures that are in accordance with the technical content of relevant international standards, guides or recommendations, if any, and that may have a significant effect on trade, except in the cases provided for in Articles 2.10 and 5.7 of the TBT Agreement.

8.
   Each Party shall endeavour to publish proposals for new technical regulations and conformity assessment procedures of sub-central or local governments, as the case may be, that are in accordance with the technical content of relevant international standards, guides and recommendations, if any, and that may have a significant effect on trade, in accordance with the procedures set out in Articles 2.9 or 5.6 of the TBT Agreement.

9.
   For the purposes of determining whether a proposed technical regulation or conformity assessment procedure may have a significant effect on trade and must thus be notified in accordance with the relevant provisions of the TBT Agreement which are incorporated in this Agreement pursuant to Article 9.3, a Party shall consider, among others, the relevant Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995, as referred to in Article 9.4.2.

10.
   Each Party shall, on request of the other Party, provide information regarding the objectives of, legal basis and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.

  

11.
   Each Party shall allow a period of at least 60 days following its transmission to the WTO Central Registry of Notifications of proposed technical regulations and conformity assessment procedures for the other Party to provide written comments, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. A Party shall consider any reasonable request from the other Party to extend the comment period. A Party that is able to extend the comment period beyond 60 days, for example to 90 days, is encouraged to do so.

12.
   Each Party shall endeavour to provide sufficient time between the end of the comment period and the adoption of the notified technical regulation or conformity assessment procedure, for its consideration of, and preparation of responses to, the comments received.

13.
   If a Party receives written comments on its proposed technical regulation or conformity assessment procedure from the other Party, it shall:

(a)
   on request of the other Party, discuss the written comments with the participation of its competent regulatory authority at a time when those comments can be taken into account; and

(b)
   reply in writing to the comments no later than the date of publication of the technical regulation or conformity assessment procedure.

14.
   Each Party shall publish on a website its responses to comments it receives, if possible no later than the date of publication of the adopted technical regulation or conformity assessment procedure.

  

15.
   Each Party shall notify the final text of a technical regulation or conformity assessment procedure at the time the text is adopted or published, as an addendum to the original notification of the proposed measure notified under Articles 2.9, 3.2, 5.6 or 7.2 of the TBT Agreement.

16.
   No later than the date of publication of a final technical regulation or conformity assessment procedure that may have a significant effect on trade, each Party shall make publicly available online:

(a)
   an explanation of the objectives and of how the final technical regulation or conformity assessment procedure achieves them; and

(b)
   the results of the impact assessment provided for in Article 9.7, if carried out, in accordance with its rules and procedures.

17.
   For the purposes of Articles 2.12 and 5.9 of the TBT Agreement, "reasonable interval" means normally a period of not less than six months, except when this would be ineffective for the fulfilment of the legitimate objectives pursued.

18.
   Each Party shall endeavour to provide an interval of more than six months between the publication of final technical regulations and conformity assessment procedures and their entry into force, except when this would be ineffective for the fulfilment of the legitimate objectives pursued.

  

ARTICLE 9.7

Technical Regulations

1.
   Each Party shall carry out, in accordance with its respective rules and procedures, a regulatory impact assessment of planned technical regulations.

2.
   Each Party shall assess the available regulatory and non-regulatory alternatives to a proposed technical regulation that may fulfil the Party's legitimate objectives, in accordance with Article 2.2 of the TBT Agreement.

3.
   If a Party has not used international standards as a basis for its technical regulations, a Party shall, on request of the other Party, identify any substantial deviation from the relevant international standards and explain the reasons why those standards have been judged inappropriate or ineffective for the objective pursued, and provide the scientific or technical evidence on which this assessment is based.

4.
   In addition to Article 2.3 of the TBT Agreement, each Party shall review technical regulations with a view to increasing their convergence with relevant international standards. Each Party shall take into account, among others, any new development in the relevant international standards and whether the circumstances that have given rise to divergences from any relevant international standard continue to exist.

  

ARTICLE 9.8

Regulatory Cooperation

1.
   The Parties recognise that a broad range of regulatory cooperation mechanisms exist that can help to eliminate or avoid the creation of technical barriers to trade.

2.
   A Party may propose to the other Party sector specific regulatory cooperation activities in areas covered by this Chapter. Those proposals shall be transmitted to the contact point designated pursuant to Article 9.11 and shall consist of:

(a)
   information exchanges on regulatory approaches and practices;

(b)
   initiatives to further align technical regulations and conformity assessment procedures with relevant international standards; or

(c)
   technical advice and assistance on mutually agreed terms and conditions to improve practices related to the development, implementation and review of technical regulations, standards and conformity assessment procedures and metrology.

The other Party shall give due consideration to the proposal and shall reply within a reasonable period of time.

3.
   The Parties shall encourage cooperation between their respective organisations responsible for standardisation, conformity assessment, accreditation and metrology, whether they are public or private, on issues covered by this Chapter.

4.
   Nothing in this Article shall be construed as requiring a Party to:

(a)
   deviate from domestic procedures for preparing and adopting regulatory measures;

(b)
   take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or

(c)
   achieve any particular regulatory outcome.

ARTICLE 9.9

Marking and Labelling

1.
   For the purposes of this Article and in accordance with paragraph 1 of Annex 1 to the TBT Agreement, a technical regulation may include or deal exclusively with the requirements of marking and labelling applied to a product, process or production method.

  

2.
   The Parties affirm that their technical regulations that include or deal exclusively with marking or labelling comply with Article 2 of the TBT Agreement.

3.
   If a Party requires mandatory marking or labelling of products, that Party shall:

(a)
   endeavour to only require information which is relevant for consumers or users of the product or for indicating the product's conformity with the mandatory technical requirements;

(b)
   not require any prior approval, registration or certification of the labels or markings of products, or the payment of any fee, as a precondition for placing on its market products that otherwise comply with its mandatory technical requirements, unless it is necessary in view of the risk of the products to human, animal or plant life or health, the environment or national security;

(c)
   if the Party requires the use of a unique identification number by economic operators, issue that number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;

(d)
   provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, permit the following:

(i)
   information in other languages in addition to the language required in the importing Party of the goods;

  

(ii)
   internationally accepted nomenclatures, pictograms, symbols or graphics; and

(iii)
   additional information to that required in the importing Party of the goods;

(e)
   accept that labelling, including supplementary labelling and corrections to labelling, takes place after importation but prior to offering the product for sale, as an alternative to labelling at the place of origin, unless such labelling must be carried out at the place of origin for reasons of public health or safety or due to a requirement related to a geographical indication of the exporting Party; and

(f)
   endeavour to accept non-permanent or detachable labels, or the inclusion of relevant information for marking or labelling in the accompanying documentation, rather than in labels physically attached to the product, unless such labelling is required for reasons of public health or safety.

ARTICLE 9.10

Information Exchange and Discussions

1.
   A Party may request the other Party to provide information on any matter covered by this Chapter. The other Party shall provide that information within a reasonable period of time.

  

2.
   A Party may request the other Party to discuss any concern that arises under this Chapter, including any draft or proposed technical regulation or conformity assessment procedure of the other Party, if it considers that the technical regulation or conformity assessment procedure might have a significant adverse effect on trade between the Parties. The request shall be in writing and identify:

(a)
   the concern;

(b)
   the provisions of this Chapter to which the concern relates; and

(c)
   the reasons for the request, including a description of the requesting Party's concern.

3.
   For greater certainty, a Party may also request the other Party to discuss any concern that arises under this Chapter with respect to technical regulations or conformity assessment procedures of regional or local governments, as the case may be, on the level directly below that of the central government, and that may have a significant effect on trade.

4.
   The Parties shall discuss the concern raised within 60 days after the date of the request in person or by video or teleconference and shall endeavour to resolve the concern as expeditiously as possible. If the requesting Party considers that the concern is urgent, it may request that any discussions take place within a shorter timeframe. The responding Party shall give positive consideration to that request. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter.

  

5.
   Unless the Parties agree otherwise, the discussions and any information exchanged in the course of the discussions shall be without prejudice to the rights and obligations of the Parties under this Agreement, the WTO Agreement or any other agreement to which both Parties are party.

6.
   Requests for information or discussions shall be submitted through the respective contact point designated pursuant to Article 9.11.

ARTICLE 9.11

Contact Points

1.
   Each Party shall designate a contact point to facilitate cooperation and coordination under this Chapter and notify the other Party of its contact details. The Parties shall promptly notify each other of any changes to those contact details.

2.
   The contact points shall work jointly to facilitate the implementation of this Chapter and cooperation between the Parties on all TBT matters. The contact points shall in particular be responsible for:

(a)
   organising information exchange and discussions referred to in Article 9.10.6;

  

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

(c)
   on request of a Party, arranging discussions on any matter arising under this Chapter;

(d)
   exchanging information on developments in non-governmental, regional and multilateral fora related to standards, technical regulations and conformity assessment procedures; and

(e)
   facilitating the identification of possible needs for technical assistance.

ARTICLE 9.12

Sub-Committee on Technical Barriers to Trade

The Committee on Technical Barriers to Trade established pursuant to Article 33.4.1(g) (Sub‑Committees and other Bodies) shall:

(a)
   monitor the implementation and administration of this Chapter;

(b)
   enhance cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures;

  

(c)
   establish priority areas of mutual interest for future work under this Chapter and consider proposals for new initiatives;

(d)
   monitor and discuss developments under the TBT Agreement; and

(e)
   take any other steps that the Parties consider will assist them in implementing this Chapter and the TBT Agreement.

  

CHAPTER 10

INVESTMENT LIBERALISATION

ARTICLE 10.1

Definitions

1.
   For the purposes of this Chapter:

(a)
   "covered enterprise" means an enterprise which is established in accordance with point (e) by an investor of a Party in the territory of the other Party, in accordance with applicable law, and which is in existence at the date of entry into force of this Agreement or is established thereafter;

(b)
   "economic activity" means an activity of an industrial, commercial or professional character, and an activity of craftsmen, including the supply of services, except an activity performed in the exercise of governmental authority;

(c)
   "enterprise" means an enterprise as defined in Article 1.3 (Definitions of General Application), or a branch or a representative office thereof
[27](#footnote27)
;

  

(d)
   "enterprise of the European Union" or "enterprise of Mexico" means an enterprise set up in accordance with the law of the European Union or its Member States, or of Mexico and engaged in substantive business operations
[28](#footnote28)
 in the territory of the European Union or of Mexico, respectively;
[29](#footnote29)

shipping companies established outside the European Union or Mexico and controlled by nationals of a Member State of the European Union or of Mexico, respectively, shall also be beneficiaries of the provisions of this Chapter, if their vessels are registered in accordance with the law of a Member State of the European Union or of Mexico, as appropriate, and fly the flag of that Member State of the European Union or of Mexico;

(e)
   "establishment" means the setting up, including the acquisition
[30](#footnote30)
, of an enterprise in the European Union or in Mexico;

(f)
   "investor of a Party" means a Party or natural person or an enterprise of a Party, other than a branch or representative office, that seeks to establish, is establishing or has established an enterprise in accordance with point (e) within the territory of the other Party;

  

(g)
   "investor of a third country" means an investor that seeks to establish, is establishing or has established an enterprise in accordance with point (e) within the territory of a Party, that is not an investor of a Party;

(h)
   "operation" means the conduct, management, maintenance, use, enjoyment, sale or other disposal of an enterprise.

ARTICLE 10.2

Scope

1.
   This Chapter applies to measures adopted or maintained by:
[31](#footnote31)

(a)
   the central, regional or local governments or authorities of that Party; and

(b)
   any person, including a state enterprise or any other non-governmental body in the exercise of powers delegated by central, regional, or local governments or authorities.

  

2.
   This Chapter does not apply to measures of a Party insofar as they are covered by Chapter 18 (Financial Services).

ARTICLE 10.3

Right to Regulate

The Parties affirm the right to regulate within their territories to achieve legitimate policy objectives, such as public health, social services, public education, safety, environment, public morals, social or consumer protection, privacy and data protection, the promotion and protection of cultural diversity, or competition.

ARTICLE 10.4

Relation to Other Chapters

If an inconsistency arises between this Chapter and Chapter 18 (Financial Services), the latter shall prevail to the extent of the inconsistency.

  

ARTICLE 10.5

Scope

1.
   This Chapter applies to measures adopted or maintained by a Party affecting the establishment of an enterprise or the operation of such an enterprise by an investor of the other Party in its territory.

2.
   This Chapter does not apply to:

(a)
   activities performed in the exercise of governmental authority within the territory of the respective Party;

(b)
   government procurement of a good or service purchased for governmental purposes, and not with a view to commercial resale or use in the production of a good or supply of a service for commercial sale, irrespective of whether that procurement constitutes a covered procurement within the meaning of Article 21.1 (Definitions);

(c)
   audio-visual services;

  

(d)
   national maritime cabotage;
[32](#footnote32)

(e)
   air services, or related services in support of air services
[33](#footnote33)
, other than the following:

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

(ii)
   selling and marketing of air transport services;

(iii)
   computer reservation system services; and

(iv)
   ground handling services.

  

3.
   Articles 10.6 to 10.8 do not apply to subsidies
[34](#footnote34)
 or grants provided by a Party, including government-supported loans, guarantees and insurance.

4.
   Articles 10.6 to 10.10 do not apply to new services, as set out in Annex VII (Understanding on New Services Not Classified in the United Nations Provisional Central Product Classification 1991).

5.
   This Chapter does not bind a Party in relation to any act or fact that took place or any situation that ceased to exist before the date of entry into force of this Agreement.

  

ARTICLE 10.6

Market Access

In the sectors or subsectors where market access commitments are undertaken, a Party shall not adopt or maintain, with respect to market access through establishment or operation by investors of the other Party or by covered enterprises, either on the basis of its entire territory or on the basis of a territorial subdivision, a measure
[35](#footnote35)
 that:

(a)
   limits the number of enterprises that may carry out a specific economic activity, whether in the form of numerical quotas, monopolies, exclusive rights or the requirement of an economic needs test;

(b)
   limits the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c)
   limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;

(d)
   restricts or requires specific types of legal entity or joint venture through which an investor of the other Party may carry out an economic activity; or

(e)
   limits the total number of natural persons that may be employed in a particular sector or that an enterprise may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of numerical quotas or the requirement of an economic needs test.

ARTICLE 10.7

National Treatment

1.
   Each Party shall accord to investors of the other Party and to their covered enterprises treatment no less favourable than the treatment it accords, in like situations, to its own investors and to their enterprises, respectively, with respect to their establishment in its territory.

2.
   Each Party shall accord to investors of the other Party and to their covered enterprises, treatment no less favourable than the treatment it accords, in like situations, to its own investors and to their enterprises, respectively, with respect to their operation in its territory.

  

3.
   The treatment to be accorded by a Party pursuant to paragraphs 1 and 2 means, with respect to a regional level of government of Mexico, treatment no less favourable than the most favourable treatment accorded, in like situations, by that regional level of government to investors of Mexico, and to their enterprises in the territory of that regional government.

4.
   The treatment to be accorded by a Party pursuant to paragraphs 1 and 2 means, with respect to a government of or in a Member State of the European Union, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to its own investors, and to their enterprises in its territory.

ARTICLE 10.8

Most-Favoured-Nation Treatment

1.
   Each Party shall accord to investors of the other Party and to their covered enterprises treatment no less favourable than the treatment it accords, in like situations, to investors and enterprises, respectively, of any third country with respect to their establishment in its territory.

2.
   Each Party shall accord to investors of the other Party and to their covered enterprises treatment no less favourable than the treatment it accords, in like situations, to investors and enterprises, respectively, of any third country with respect to the operation of enterprises in its territory.

  

3.
   Paragraphs 1 and 2 shall not be construed as obliging a Party to extend to the investors of the other Party the benefit of any treatment resulting from measures providing for recognition, including of the standards or criteria for the authorisation, licencing or certification of a natural person or enterprise to carry out an economic activity, or of prudential measures.

4.
   For greater certainty, the treatment referred to in this Article does not include treatment accorded to investors of a third country and their enterprises by provisions concerning the settlement of investment disputes provided for in other international agreements concluded between a Party and a third country. The substantive provisions in other international agreements do not in themselves constitute treatment as referred to in paragraphs 1 and 2, and thus cannot give rise to a breach of this Article. Measures applied pursuant to such provisions may constitute treatment under this Article.

ARTICLE 10.9

Performance Requirements

1.
   A Party shall not, in connection with the establishment or the operation of an enterprise of an investor of a Party or of a third country in the territory of that Party, impose or enforce any requirement or enforce any commitment or undertaking to:
[36](#footnote36)

(a)
   export a given level or percentage of goods or services;

(b)
   achieve a given level or percentage of domestic content;

(c)
   purchase, use or accord a preference to goods produced or services provided in its territory, or to purchase goods or services from natural persons or enterprises in its territory;

(d)
   relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such enterprise;

(e)
   restrict sales of goods or services in its territory that such enterprise produces or supplies by relating those sales in any way to the volume or value of its exports or foreign exchange earnings;

(f)
   provide access to or transfer a particular technology, a production process or other proprietary knowledge to a natural person or enterprise in its territory;

(g)
   supply exclusively from the territory of the Party to a specific regional or the world market, goods or services that such enterprise produces;

(h)
   locate the headquarters of that enterprise for a specific regional or the world market in its territory; or

(k)
   restrict the exportation or sale for export.

  

2.
   A Party shall not condition the receipt or continued receipt of an advantage, in connection with the establishment or the operation of an enterprise of an investor of a Party or of a third country in its territory, on compliance with any requirement to:

(a)
   achieve a given level or percentage of domestic content;

(b)
   purchase, use or accord a preference to goods produced or services provided in its territory, or to purchase goods from natural persons or enterprises in its territory;

(c)
   relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such enterprise;

(d)
   restrict sales of goods or services in its territory that such enterprise produces or supplies by relating those sales in any way to the volume or value of its exports or foreign exchange earnings; or

(e)
   restrict the exportation or sale for export.

3.
   Nothing in paragraph 2 shall be construed as preventing a Party from conditioning the receipt or continued receipt of an advantage, in connection with the establishment or the operation of an enterprise of an investor of a Party or of a third country, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory.

  

4.
   Subparagraph 1(f) does not apply if:

(a)
   the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal or competition authority to remedy a practice determined after a judicial or administrative process to be a violation of the Party's competition law; or

(b)
   a Party authorises use of an intellectual property right in accordance with Articles 31 and 31bis of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement.

5.
   Subparagraphs 1(a), (b) and (c) and 2(a) and (b), do not apply to qualification requirements for goods or services with respect to participation in export promotion and foreign aid programmes.

6.
   Subparagraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.

7.
   For greater certainty, paragraphs 1 and 2 do not apply to any commitment, undertaking or requirement other than those set out in those paragraphs.

  

8.
   This Article does not preclude enforcement of any commitment, undertaking or requirement between private parties other than a Party, where a Party did not impose or require the commitment, undertaking or requirement.

9.
   This Article is without prejudice to commitments of a Party made under the WTO Agreement.

ARTICLE 10.10

Senior Management and Board of Directors

1.
   A Party shall not require that an enterprise that is a covered enterprise appoint natural persons of any particular nationality to senior management positions.

2.
   A Party shall not require that the board of directors of an enterprise of that is a covered enterprise be composed of nationals or residents in the territory of the Party, or a combination thereof.

  

ARTICLE 10.11

Formal Requirements

Notwithstanding Articles 10.7 and 10.8, a Party may require an investor of the other Party or its covered enterprise to provide routine information concerning that enterprise solely for informational or statistical purposes. The Party shall protect that information which is confidential from any disclosure that would prejudice the competitive position of the investor or the covered enterprise. Nothing in this Article shall be construed as preventing a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its law.

ARTICLE 10.12

Non-Conforming Measures and Exceptions

1.
   Articles 10.7 to 10.10 do not apply to:

(a)
   an existing non-conforming measure that is maintained by a Party at the level of:

(i)
   the European Union, as set out in its List to Annex I (Reservations for Existing Measures);

  

(ii)
   a central government, as set out by that Party in its List to Annex I (Reservations for Existing Measures);

(iii)
   a regional government, as set out by that Party in its List to Annex I (Reservations for Existing Measures); or

(iv)
   a local government

(b)
   the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or

(c)
   any amendment to a non-conforming measure referred to in subparagraph (a), to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10.7 to 10.10.

2.
   Articles 10.7 to 10.10 do not apply to a measure that a Party adopts or maintains with respect to sectors, subsectors or activities as set out in its List to Annex II (Reservations for Future Measures).

3.
   A Party shall not, under a measure adopted after the date of entry into force of this Agreement and covered by its List to Annex II (Reservations for Future Measures), require directly or indirectly an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of a covered enterprise existing at the time the measure becomes effective.

  

4.
   Article 10.6 does not apply to a measure that a Party adopts or maintains with respect to committed sectors or subsectors as set out in its Schedule to Annex III (Market Access Commitments).

5.
   Articles 10.7 and 10.8 do not apply to any measure that constitutes an exception, exemption or waiver from Articles 3 or 4 of the TRIPS Agreement, as provided in Articles 3 to 5 of that Agreement.

6.
   Without prejudice to paragraphs 1 to 5, within five years after the date of entry into force of this Agreement, Mexico may notify to the European Union a draft Trade Council decision to modify Annexes I (Reservations for Existing Measures), II (Reservations for Future Measures) and III (Specific Commitments and Limitations on Market Access):

(a)
   in Appendix I-B-2 (List of Mexico. Reservations Applicable at Sub-Central Level) to Annex I (Reservations for Existing Measures) and Appendix III-B-2 (Schedule of Mexico. Limitations Applicable at Sub-Central Level) to Annex III (Specific Commitments and Limitations on Market Access) any existing non-conforming measures maintained at the sub‑federal level of government; and

  

(b)
   in Appendix I-B-1 (List of Mexico. Reservations Applicable at Central Level) to Annex I (Reservations for Existing Measures) and Appendix II-B (List of Mexico) to Annex II (Reservations for Future Measures) its performance requirements.

The European Union shall review that draft within a period of three months and consult with Mexico any related issues. After consultation, the Trade Council shall adopt the modifications to the annexes referred to in this paragraph. The modified annexes shall apply as of the date of adoption of the modifications.

ARTICLE 10.13

Denial of Benefits

A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of that Party and to investments of that investor if:

(a)
   an investor of a third country owns or controls the enterprise; and

(b)
   the denying Party adopts or maintains a measure with respect to that third country, or with respect to natural persons or enterprises of that third country, that prohibits transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to that investor or to its investments.

  

ARTICLE 10.14

Sub-Committee on Services and Investment

The Sub-Committee on Services and Investment established pursuant to Article 33.4.1(h) (Sub‑Committees and Other Bodies) shall:

(a)
   provide a forum for the Parties to consult on issues related to this Chapter, including:

(i)
   difficulties which may arise in the implementation of this Chapter;

(ii)
   possible improvements of this Chapter, in particular in light of experience and developments in other international fora and under other agreements of the Parties; and

(b)
   prepare decisions to be adopted or actions to be taken by the Trade Council pursuant to this Chapter.

  

CHAPTER 11

CROSS-BORDER TRADE IN SERVICES

ARTICLE 11.1

Definitions

1.
   For the purposes of this Chapter:

(a)
   "cross-border trade in services" or "cross-border supply of services" means the supply of a service:

(i)
   from the territory of a Party into the territory of the other Party; or

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

(b)
   "enterprise" means an enterprise as defined in Article 1.3 (Definitions of General Application), or a branch or a representative office thereof;

  

(c)
   "enterprise of the European Union" or "enterprise of Mexico" means an enterprise set up in accordance with the law of the European Union or its Member States, or of Mexico and engaged in substantive business operations
[37](#footnote37)
 in the territory of the European Union or of Mexico, respectively;
[38](#footnote38)

shipping companies established outside the European Union or Mexico and controlled by nationals of a Member State of the European Union or of Mexico, respectively, shall also be beneficiaries of the provisions of this Chapter if their vessels are registered in accordance with the law of a Member State of the European Union or of Mexico, as appropriate, and fly the flag of that Member State of the European Union or of Mexico;

(d)
   "service supplied in the exercise of governmental authority" means, for each Party, any service that is supplied neither on a commercial basis nor in competition with one or more service suppliers; and

  

(e)
   "service supplier of a Party" means a natural person or an enterprise of a Party other than a branch or a representative office that seeks to supply or supplies a service.

ARTICLE 11.2

Scope

1.
   This Chapter applies to measures of a Party affecting cross-border trade in services by service suppliers of the other Party. Those measures include measures affecting:

(a)
   the production, distribution, marketing, sale or delivery of a service;

(b)
   the purchase or use of, or payment for, a service;

(c)
   the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally, including distribution, transport or telecommunications networks; and

(d)
   the provision of any form of financial security, including a bond, as a condition for the supply of a service.

  

2.
   This Chapter does not apply to:

(a)
   audio-visual services;

(b)
   national maritime cabotage;
[39](#footnote39)

(c)
   measures of a Party insofar as they are covered by Chapter 18 (Financial Services);

(d)
   services supplied in the exercise of governmental authority;

  

(e)
   government procurement of a good or service purchased for governmental purposes, and not with a view to commercial resale, or use in the production of a good or supply service for commercial sale, irrespective of whether that procurement constitutes a covered procurement within the meaning of Article 21.1 (Definitions);

(f)
   subsidies
[40](#footnote40)
 or grants provided by a Party, including government-supported loans, guarantees and insurance; and

(g)
   air services or related services in support of air services
[41](#footnote41)
, other than:

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

(ii)
   selling and marketing of air transport services;

  

(iii)
   computer reservation system services; and

(iv)
   ground handling services.

3.
   Articles 11.4 to 11.7 do not apply to new services as set out in Annex VII (Understanding on New Services Not Classified in the United Nations Provisional Central Product Classification 1991).

ARTICLE 11.3

Right to Regulate

The Parties affirm the right to regulate within their territories to achieve legitimate policy objectives, such as public health, social services, public education, safety, environment, public morals, social or consumer protection, privacy and data protection, the promotion and protection of cultural diversity, or competition.

ARTICLE 11.4

Market Access

In the sectors or subsectors where market access commitments are undertaken, a Party shall not adopt or maintain, either on the basis of its entire territory or on the basis of a territorial subdivision, measures imposing limitations on:

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

(b)
   the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; or

(c)
   the total number of service operations or the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

  

ARTICLE 11.5

Local Presence

A Party shall not require a service supplier of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border supply of a service.

ARTICLE 11.6

National Treatment

1.
   Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than the treatment it accords, in like situations, to its own services and service suppliers.

2.
   The treatment to be accorded by Mexico pursuant to paragraph 1 is, with respect to a regional level of government of Mexico, treatment no less favourable than the most favourable treatment accorded, in like situations, by that regional level of government to its own services and service suppliers.

  

3.
   The treatment to be accorded by the European Union pursuant to paragraph 1 is, with respect to a government of or in a Member State of the European Union, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to its services and service suppliers.

ARTICLE 11.7

Most-Favoured-Nation Treatment

1.
   Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than the treatment it accords, in like situations, to services and service suppliers of a third country.

2.
   Paragraph 1 shall not be construed as obliging a Party to extend to services and service suppliers of the other Party the benefit of any treatment resulting from measures providing for recognition, including of the standards or criteria for the authorisation, licencing or certification of a natural person or enterprise to carry out an economic activity, or of prudential measures.

ARTICLE 11.8

Non-Conforming Measures and Exceptions

1.
   Articles 11.5 to 11.7 do not apply to:

(a)
   any existing non-conforming measure of a Party that is maintained by:

(i)
   the European Union, as set out in its List to Annex I (Reservations for Existing Measures);

(ii)
   a national government, as set out by that Party in its List to Annex I (Reservations for Existing Measures);

(iii)
   a regional government, as set out by that Party in its List to Annex I (Reservations for Existing Measures); or

(iv)
   a local government;

(b)
   the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or

(c)
   any amendment to a non-conforming measure referred to in subparagraph (a), to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 11.5 to 11.7.

2.
   Articles 11.5 to 11.7 do not apply to a measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out in its List to Annex II (Reservations for Future Measures).

3.
   Article 11.4 does not apply to any measure of a Party with respect to committed sectors or subsectors as set out in its Annex III (Specific Commitments and Limitations on Market Access).

4.
   Within five years after the date of entry into force of this Agreement, Mexico may notify to the European Union a draft Trade Council decision to modify Appendix I-B-2 (List of Mexico. Reservations Applicable at Sub-Central Level) to Annex I (Reservations for Existing Measures) and Appendix III-B-2 (Schedule of Mexico. Limitations Applicable at Sub-Central Level) to Annex III (Specific Commitments and Limitations on Market Access) with any existing non-conforming measures maintained at the sub-federal level of government.

The European Union shall review that draft within a period of three months and consult with Mexico any related issues. After consultation, the Trade Council shall adopt the modifications to the annexes referred to in this paragraph. The modified annexes shall apply as of the date of adoption of the modifications.

  

ARTICLE 11.9

Denial of Benefits

A Party may deny the benefits of this Chapter to a service supplier of the other Party that is an enterprise of that Party and to services of that service supplier if:

(a)
   a person of a third country owns or controls the enterprise; and

(b)
   the denying Party adopts or maintains a measure with respect to that third country or to enterprises or natural persons of that third country, that prohibits transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise.

CHAPTER 12

TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES

ARTICLE 12.1

Definitions

For the purposes of this Chapter:

(a)
   "business person" means, for Mexico, a national of the European Union who enters the territory of Mexico, without the purpose of establishing temporary or permanent residence, to:

(i)
   commercially trade goods or provide services;

(ii)
   establish, develop or manage an enterprise;

(iii)
   conduct business contacts and negotiations for the sale of goods and services, or similar activities;

(iv)
   provide specialised services for installation, repair, maintenance, supervision or training of workers, previously agreed or considered in a contract of technology transfer, patents and trademarks, for the sale of commercial or industrial equipment or machinery, or any other production process of an enterprise established in the territory of a Party, during the term of the guarantee contract, sale or service;

(v)
   attend assemblies or sessions of the board of directors of a legally established enterprise in Mexico; or

(vi)
   promote goods or services, advise clients, receive orders, negotiate contracts and exhibit, participate or attend congresses, fairs, conventions or similar;

(b)
   "business visitors for purposes of establishment of an enterprise" means natural persons working in a senior position who are responsible for setting up an enterprise, who do not offer or provide services or engage in any economic activity other than required for the purpose of the establishment of that enterprise and do not receive remuneration from a source located within the host Party;

  

(c)
   "contractual service suppliers" means natural persons employed by an enterprise of a Party which itself is not an agency for placement and supply of services of personnel and is not acting through such an agency, which is not established in the territory of the other Party and which has concluded a bona fide contract to supply services with a final consumer in the other Party, requiring the presence on a temporary basis of its employees in that Party, in order to fulfil the contract to supply services;
[42](#footnote42)

(d)
   "independent professionals" means, for the European Union, natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who are not established in the territory of the other Party and who have concluded a bona fide contract, other than through an agency for placement and supply services of personnel, to supply services with a final consumer in the other Party, requiring their presence on a temporary basis in that Party in order to fulfil the contract to supply services;
[43](#footnote43)

  

(e)
   "intra-corporate transferees" means natural persons who have been employed by an enterprise of a Party or have been partners in an enterprise of a Party, who are temporarily transferred to an enterprise of a Party, including a subsidiary, branch or parent company of that enterprise in the territory of the other Party,
[44](#footnote44)
 and who are:

(i)
   "managers" or "executives", meaning persons working in a senior position within an enterprise, who primarily direct the management of the enterprise
[45](#footnote45)
 in the other Party and receive general supervision or direction principally from the board of directors or from stockholders of the business or their equivalent, and who at least:

(A)
   direct the enterprise or a department or subdivision thereof;

(B)
   supervise and control the work of other supervisory, professional or managerial employees; and

(C)
   have the personal authority to recruit and dismiss or to recommend recruitment, dismissal or other personnel-related actions;

  

(ii)
   "specialists", meaning persons working in an enterprise who possess specialised knowledge essential to the enterprise's areas of activity, techniques or management, assessed taking into account the knowledge specific to the enterprise and whether the person has a high level of qualification; or

(iii)
   "trainee employees", meaning, for the European Union, persons who have been employed by an enterprise which is not a representative office for at least one year, possess a university degree and are temporarily transferred for career development purposes or to obtain training in business techniques or methods;
[46](#footnote46)

(f)
   "investors" means, for Mexico, natural persons of the European Union seeking to enter Mexico for a temporary stay or that are already in Mexico and intending to:

(i)
   explore different establishment alternatives;

(ii)
   perform or supervise an establishment;

  

(iii)
   represent a foreign enterprise or perform business transactions; or

(iv)
   develop, administer or provide advice or key technical services to the operation of an enterprise to which the business person or the business person's enterprise has committed, or is in the process of committing, a substantial amount of capital, in a capacity that is supervisory, executive or involves essential skills; and

(g)
   "short-term business visitors" means natural persons who are seeking entry and temporary stay into the territory of the other Party, who are not engaged in making direct sales to the general public, who do not receive remuneration from a source located within the host Party and who are:

(i)
   "business sellers", meaning short-term business visitors who are representatives of a supplier of services or goods of a Party for the purposes of negotiating the sale of services or goods, or entering into agreements to sell services or goods for that supplier, are not engaged in the supply of a service in the framework of a contract concluded between an enterprise that has no commercial presence in the territory of the other Party and a consumer in that territory, and are not commission agents;

(ii)
   "installers and maintainers", meaning, in respect of the entry and temporary stay in the European Union, short-term business visitors possessing specialised knowledge essential to a seller's or lessor's contractual obligations, performing services or training personnel to perform services, pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer and related services, purchased or leased from an enterprise located outside the territory of the European Union, throughout the duration of the warranty or service contract and, in respect of the entry and temporary stay in Mexico, short-term business visitors that provide specialised services, including after-sale or after-lease services, previously agreed or as referred to in a contract of transfer of technology, patent and trademark, for the sale of machinery and equipment, technical training of personnel or any other production process for an established enterprise in Mexico; or

(iii)
   "other short-term business visitors", meaning, for Mexico, short-term visitors that attend business administration meetings, conferences or trade fairs and perform management or executive duties in an enterprise or its subsidiaries or affiliates that are established in Mexico.

  

ARTICLE 12.2

Objectives, Scope and General Provisions

1.
   This Chapter reflects the Parties' desire of facilitating the entry and temporary stay of natural persons of a Party into the territory of the other Party for business purposes and the need to establish transparent criteria for this purpose.

2.
   This Chapter applies to measures directly relating to the entry and temporary stay of natural persons of a Party into the territory of the other Party for business purposes that are business visitors for purposes of establishment of an enterprise, intra-corporate transferees, investors, business sellers, contractual service suppliers and independent professionals.

3.
   This Chapter does not apply to measures affecting natural persons seeking access to the employment market of a Party, nor to measures regarding citizenship or nationality, residence or employment on a permanent basis.

4.
   Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under this Chapter. The sole fact of requiring a visa for natural persons of a certain country and not for those of others shall not be regarded as nullifying or impairing benefits under this Chapter.

  

5.
   Each Party shall apply the measures covered by this Chapter expeditiously in order to avoid delays or undue damages in trade in goods or services, or in establishment activities under this Agreement.

6.
   The Parties shall endeavour to develop and adopt common criteria and common interpretations for the implementation of this Chapter.

7.
   Each Party shall allow the entry and temporary stay for business purposes of natural persons of the other Party who comply with the immigration laws and regulations of the former Party applicable to the entry and temporary stay, in accordance with this Chapter, including the provisions of Annexes I (Reservations for Existing Measures), II (Reservations for Future Measures), III, (Specific Commitments and Limitations on Market Access), IV (Business Visitors for Purposes of Establishment of an enterprise, Intra-Corporate Transferees, Investors and Short-Term Business Visitors), V (Contractual Services Suppliers and Independent Professionals) and VI (Reservations for Financial Services).

  

8.
   A Party may, in accordance with its laws and regulations and on a non-discriminatory basis, derogate from its commitments on entry and temporary stay set out in its Annexes IV (Business Visitors for Purposes of Establishment of an Enterprise) and V (Contractual Services Suppliers and Independent Professionals) in cases where the entry and temporary stay of a natural person of another Party might adversely affect:

(a)
   the settlement of a collective labour dispute that is in progress at the place or intended place of employment; or

(b)
   the employment of any person who is involved in that dispute.

ARTICLE 12.3

Obligations in Other Chapters

1.
   This Chapter does not impose any obligation on a Party regarding its immigration measures, except as specifically provided herein.

  

2.
   Without prejudice to any decision to allow entry and temporary stay to a natural person of the other Party in accordance with this Chapter, including the length of stay permissible pursuant to any such decision:

(a)
   the obligations of Articles 10.6 (Market Access), 10.7 (National Treatment), 10.9 (Performance Requirements) and 10.10 (Senior Management and Board of Directors), subject to Articles 10.5 (Scope), 10.12 (Non-Conforming Measures and Exceptions), 18.2 (Scope) and 18.12 (Reservations and non-Conforming Measures), to the extent that the measure affects the treatment of natural persons for business purposes present in the territory of the other Party, are hereby incorporated into and made part of this Chapter and apply to measures affecting treatment of natural persons for business purposes present in the territory of the other Party under the categories of business visitors for purposes of establishment of an enterprise, intra‑corporate transferees and, for Mexico, investors, as defined in Article 12.1 of this Chapter; and

(b)
   the obligations of Articles 11.4 (Market Access), 11.5 (Local Presence) and 11.6 (National Treatment), subject to Articles 11.2.2 (Scope), 11.8 (Non-Conforming Measures and Exceptions), 18.2 (Scope) and 18.12 (Reservations and Non-Conforming Measures), to the extent that the measure affects the treatment of natural persons for business purposes present in the territory of the other Party, are hereby incorporated into and made part of this Chapter and apply to the measures affecting treatment of natural persons for business purposes present in the territory of the other Party under the categories of contractual service suppliers and, for the European Union, independent professionals, for all sectors listed in Annex V (Contractual Services Suppliers and Independent Professionals) and short-term business visitors, in accordance with Annex IV (Business Visitors for Purposes of Establishment of an Enterprise, Intra-Corporate Transferees, Investors and Short-Term Business Visitors).

3.
   For greater certainty, paragraph 2 applies to the measures affecting the treatment of natural persons present in the territory of the other Party for business purposes and falling within the relevant categories and who are supplying financial services, as defined in Article 18.1 (Definitions). Paragraph 2 does not apply to measures relating to the granting of temporary entry to natural persons of a Party or of a third country.

  

ARTICLE 12.4

Business Visitors for Purposes of Establishment of an Enterprise, Intra-corporate Transferees and Investors

1.
   Subject to Article 10.5 (Scope), each Party shall allow the entry and temporary stay in its territory of business visitors for purposes of establishment of an enterprise and intra-corporate transferees of the other Party in accordance with Annex IV (Business Visitors for Purposes of Establishment of an enterprise, Intra-Corporate Transferees, Investors and Short-Term Business Visitors).

2.
   Subject to Article 10.5 (Scope), Mexico shall allow the entry and temporary stay in its territory of investors in accordance with Annex IV (Business Visitors for Purposes of Establishment of an Enterprise, Intra-Corporate Transferees, Investors and Short-Term Business Visitors).

3.
   A Party shall not adopt or maintain limitations on the total number of natural persons that are allowed entry and temporary stay in accordance with paragraphs 1 and 2, in a specific sector or sub‑sector, in the form of numerical quotas or the requirement of an economic needs test either on the basis of a regional subdivision or on the basis of its entire territory.

  

4.
   The permissible length of stay shall be:
[47](#footnote47)

(a)
   for the European Union, up to three years for managers or executives and specialists, up to one year for trainee employees, and up to 90 days within any six-month period for business visitors for purposes of establishment of an enterprise; and

(b)
   for Mexico, one year which may be extended three times, for one year each time, for intra‑corporate transferees and investors, and up to 180 days for business visitors for purposes of establishment of an enterprise.

5.
   The Parties shall grant family members of intra-corporate transferees treatment in accordance with Annex 12-A.

  

ARTICLE 12.5

Short Term Business Visitors

Subject to Article 11.2 (Scope) and Annex IV (Business Visitors for Purposes of Establishment of an Enterprise, Intra‑Corporate Transferees, Investors and Short-Term Business Visitors), a Party shall:

(a)
   allow the entry and temporary stay of short term business visitors;

(b)
   not adopt or maintain limitations on the total number of short term business visitors in a specific sector in the form of numerical quotas either on the basis of a regional subdivision or on the basis of its entire territory; and

(c)
   not adopt or maintain economic needs tests for short term business visitors.

ARTICLE 12.6

Contractual Service Suppliers

1.
   Each Party shall allow the entry and temporary stay in its territory of contractual service suppliers of the other Party in accordance with Annex V (Contractual Services Suppliers and Independent Professionals).

  

2.
   Unless otherwise specified in Annex V (Contractual Services Suppliers and Independent Professionals), a Party shall not adopt or maintain limitations on the total number of contractual service suppliers of the other Party allowed entry and temporary stay, in the form of numerical quotas or the requirement of an economic needs test.

ARTICLE 12.7

Independent Professionals

1.
   The European Union shall allow the entry and temporary stay in its territory of independent professionals of Mexico in accordance with Annex V (Contractual Services Suppliers and Independent Professionals).

2.
   Unless otherwise specified in Annex V (Contractual Services Suppliers and Independent Professionals), the European Union shall not adopt or maintain limitations on the total number of independent professionals of Mexico allowed entry and temporary stay, in the form of numerical quotas or the requirement of an economic needs test.

  

ARTICLE 12.8

Transparency

1.
   Each Party shall make publicly available information on the requirements and procedures for entry and temporary stay, including relevant forms and documents, and explanatory materials that will enable interested persons of the other Party to become acquainted with applicable requirements and procedures.

2.
   The information referred to in paragraph 1 shall include, if applicable, information on the following:

(a)
   categories of visa, permits or any similar type of authorisation regarding entry and temporary stay;

(b)
   documentation required and conditions to be met;

(c)
   method of filing an application and options on where to file, such as consular offices or online;

(d)
   application fees and indicative processing time;

  

(e)
   maximum period of stay under each type of authorisation described in subparagraph (a);

(f)
   conditions for any available extensions or renewal;

(g)
   rules regarding accompanying dependents;

(h)
   available review or appeal procedures; and

(i)
   relevant laws of general application pertaining to the entry and temporary stay of natural persons.

ARTICLE 12.9

Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) regarding a refusal to grant entry and temporary stay under this Chapter unless the matter involves a pattern of practice.

  

CHAPTER 13

DOMESTIC REGULATION

ARTICLE 13.1

Scope

1.
   This Chapter applies to measures adopted or maintained by a Party relating to licensing and qualification requirements and procedures, as well as technical standards
[48](#footnote48)
, affecting trade in services or the pursuit of any other economic activity with respect to which a Party has undertaken a commitment pursuant to Articles 10.6 (Market Access), 10.7 (National Treatment), 11.4 (Market Access), 11.6 (National Treatment), subject to any terms, limitations, conditions or qualifications as set out in its schedule pursuant to Articles 10.12 (Non-Conforming Measures and Exceptions) and 11.8 (Non-Conforming Measures and Exceptions).

2.
   Notwithstanding paragraph 1, Article 13.6 applies to measures adopted or maintained by a Party relating to licensing and qualification requirements and procedures, as well as technical standards, affecting trade in services or the pursuit of any other economic activity.

  

3.
   This Chapter does not apply to measures adopted or maintained by a Party covered under Chapter 18 (Financial services).

ARTICLE 13.2

Development of Measures

A Party that adopts or maintains measures relating to licensing requirements and procedures, qualification requirements and procedures, shall:

(a)
   ensure that those measures are based on objective and transparent criteria;
[49](#footnote49)

(b)
   ensure that the competent authority reaches and administers its decisions in an independent manner;

(c)
   ensure that the procedures do not in themselves unduly prevent the fulfilment of any requirements;

  

(d)
   ensure that the procedures are impartial and adequate for applicants to demonstrate whether they meet the requirements, if any; and

(e)
   not require an applicant, to the extent practicable, to approach more than one competent authority for each application for authorisation.
[50](#footnote50)

ARTICLE 13.3

Administration of Measures

If authorisation is required for the supply of a service or the pursuit of any other economic activity, the competent authorities of a Party shall:

(a)
   permit an applicant, to the extent practicable, to submit an application at any time;

(b)
   allow a reasonable period of time for the submission of an application if specific time periods for applications exist;

(c)
   schedule examinations at reasonably frequent intervals, if examinations are required, and provide a reasonable period of time for an applicant to request to take the examination;

  

(d)
   endeavour to accept applications in electronic format, taking into account their competing priorities and resource constraints;

(e)
   accept copies of documents authenticated in accordance with the Party's domestic law, in place of original documents, unless they require original documents to protect the integrity of the authorisation process;

(f)
   ensure that the authorisation fees
[51](#footnote51)
 charged by the competent authorities are reasonable and transparent and do not in themselves restrict the supply of the relevant service or the pursuit of any other economic activity;

(g)
   provide, to the extent practicable, an indicative timeframe for processing of an application;

(h)
   ascertain without undue delay, to the extent practicable, the completeness of an application for processing under the law of the Party;

  

(i)
   if an application is considered complete for processing under the law of the Party, ensure that the processing of the application is finalised and that the applicant is informed of the decision within a reasonable period of time after the submission of the application, to the extent possible in writing;
[52](#footnote52)

(j)
   provide at the request of the applicant and without undue delay information concerning the status of the application;

(k)
   if an application is considered incomplete for processing under the law of the Party, within a reasonable period of time and to the extent practicable:

(i)
   inform the applicant that the application is incomplete;

(ii)
   provide, at the request of the applicant, guidance on why the application is considered incomplete;

  

(iii)
   provide the applicant with the opportunity
[53](#footnote53)
 to submit the additional information that is required to complete the application; and

(iv)
   where none of the above is practicable, and the application is rejected due to incompleteness, ensure that the applicant is informed within a reasonable period of time;

(l)
   if an application is rejected, inform the applicant, to the extent possible, either on their own initiative or on request of the applicant, of the reasons for rejection and, where applicable, the procedures for resubmission of an application; and

(m)
   ensure that authorisation, once granted, enters into effect without undue delay subject to the applicable terms and conditions.

  

ARTICLE 13.4

Limited Numbers of Licences

1.
   If the number of licences available for a given activity is limited because of the scarcity of available natural resources or technical capacity, a Party shall apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure.

2.
   In establishing the rules for the selection procedure, a Party may take into account legitimate policy objectives, including considerations of health, safety, consumer protection, competition, the protection of the environment and the preservation of cultural heritage.

ARTICLE 13.5

Technical Standards

Each Party shall encourage its competent authorities, when adopting technical standards, to adopt technical standards developed through open and transparent processes, and shall encourage any body designated to develop technical standards to do so through open and transparent processes.

ARTICLE 13.6

Transparency

A Party that requires authorisation for the supply of a service or the pursuit of any other economic activity shall provide the information necessary for service suppliers or persons seeking to supply a service and persons pursuing or seeking to pursue any other economic activity to comply with the requirements and procedures for obtaining, maintaining, amending and renewing that authorisation. That information shall include, where it exists:

(a)
   authorisation fees;

(b)
   contact information of relevant competent authorities;

(c)
   procedures for appeal or review of decisions concerning applications;

(d)
   procedures for monitoring or enforcing compliance with the terms and conditions of licenses;

(e)
   opportunities for public involvement, such as through hearings or comments;

(f)
   indicative timeframes for the processing of an application;

  

(g)
   requirements and procedures; and

(h)
   applicable technical standards.

ARTICLE 13.7

Review

Following the entry into force of additional disciplines developed in accordance with paragraph 4 of Article VI of GATS, the Parties shall review those disciplines. If the review concludes that those disciplines would improve this Agreement, the Parties shall determine whether they should be incorporated into this Agreement.

  

CHAPTER 14

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

ARTICLE 14.1

General Provisions

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

2.
   Each Party shall encourage the relevant professional bodies or authorities, as appropriate, in its respective territories to develop and provide joint recommendations on mutual recognition of professional qualifications, to the Sub-Committee on Services and Investment established pursuant to Article 33.4.1(h) (Sub-Committees and Other Bodies).

3.
   The joint recommendations referred to in paragraph 2 shall be supported by evidence of:

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

  

(b)
   the compatibility of the respective regimes, that is, the extent to which the criteria applied by each Party for the authorisation and licensing are compatible.

4.
   The Sub-Committee shall review any joint recommendation within a reasonable period of time after its receipt.

5.
   If the joint recommendation is consistent with this Agreement, the Parties shall take the necessary steps to negotiate a Mutual Recognition Agreement, if appropriate through their competent authorities or designees authorised by a Party. If appropriate, the Trade Council may adopt the arrangements for the mutual recognition of professional qualification by decision.

6.
   When negotiating mutual recognition agreements or when developing joint recommendations, the Parties or the relevant professional bodies or authorities, respectively, are encouraged to follow the Guidelines for the negotiation of a Mutual Recognition Agreement set out in Annex 14-A.

  

CHAPTER 15

DELIVERY SERVICES

ARTICLE 15.1

Definitions

For the purposes of this Chapter:

(a)
   "delivery services" means postal and courier or express services, which include the collection, sorting, transport and delivery of postal items;

(b)
   "express delivery services" means the collection, sorting, transport and delivery of postal items at accelerated speed and enhanced reliability that may include value added elements such as collection from point of origin, personal delivery to the addressee, tracing, possibility of changing the destination and addressee in transit or confirmation of receipt;

(c)
   "express mail services" means international express delivery services supplied through a voluntary association of designated postal operators under Universal Postal Union (UPU) such as the EMS Cooperative;

  

(d)
   "license" means an authorisation granted to an individual supplier by a regulatory authority setting out procedures, obligations and requirements specific to the delivery services sector;

(e)
   "postal item" means an item weighing up to 31.5 kg addressed in the final form in which it is to be carried by any type of supplier of delivery service, whether public or private, and that may include items such as a letter, parcel, newspaper and catalogue;

(f)
   "postal monopoly" means the exclusive right to supply specified delivery services within the territory of a Party, pursuant to the law of that Party; and

(g)
   "universal service" means the permanent provision of a delivery service of a specified quality pursuant to the law of a Party at all points in the territory of that Party at affordable prices for all users.

ARTICLE 15.2

Objective

This Chapter sets out the principles of the regulatory framework specific for all delivery services.

  

ARTICLE 15.3

Universal Service

1.
   Each Party has the right to define the kind of universal service obligation it wishes to adopt or maintain and shall administer that obligation in a transparent, non-discriminatory and neutral manner with regard to all suppliers which are subject to the obligation.

2.
   If a Party requires inbound express mail services to be supplied on a universal service basis, it shall not accord preferential treatment to this service over other international express delivery services.

ARTICLE 15.4

Universal Service Funding

1.
   A Party shall not impose fees or other charges on the supply of a non-universal delivery service for the purpose of funding the supply of a universal service.

2.
   Paragraph 1 does not apply to generally applicable taxation measures or administrative fees.

  

ARTICLE 15.5

Prevention of Market Distortive Practices

Each Party shall ensure that a supplier of delivery services subject to a universal service obligation or a postal monopoly does not engage in distortive practices for the market such as:

(a)
   using revenues derived from the supply of such service to cross-subsidise the supply of an express delivery service or any non-universal delivery service; and

(b)
   unjustifiably differentiating among customers such as businesses, large volume mailers or consolidators with respect to tariffs or other terms and conditions for the supply of a delivery service which is subject to a universal service obligation or a postal monopoly.

  

ARTICLE 15.6

Licenses

1.
   A Party requiring a license for the provision of delivery services shall make publicly available:

(a)
   all licensing requirements and the period of time required to reach a decision concerning an application for a license; and

(b)
   the terms and conditions of licenses.

2.
   The procedures, obligations and requirements of a license shall be transparent, non‑discriminatory and based on objective criteria.

3.
   A Party shall ensure that the applicant is informed of the reasons for denial of a license in writing.

  

ARTICLE 15.7

Independence of the Regulatory Body

1.
   Each Party shall establish or maintain regulatory bodies which shall be legally distinct and functionally independent from any supplier of delivery services. A Party retaining ownership or control of enterprises providing delivery services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control.

2.
   Each Party shall ensure that the regulatory bodies referred to in paragraph 1 perform their tasks in a transparent and timely manner, and that they have adequate financial and human resources to carry out the tasks assigned to them.

3.
   The decisions of and the procedures used by the regulatory body shall be impartial with respect to all market participants.

:   [(1)](#footnoteref1)
       For greater certainty, the definition of customs duty does not affect the rights and obligations of the Parties under Chapter 5 (Trade Remedies).
:   [(2)](#footnoteref2)
       Except the preparation of food.
:   [(3)](#footnoteref3)
       For greater certainty, "measure" includes failures to act.
:   [(4)](#footnoteref4)
       This definition applies for the purposes of Chapters 10 to 19.
:   [(5)](#footnoteref5)
       The definition of natural persons of the European Union also includes natural persons permanently residing in the Republic of Latvia who are not citizens of the Republic of Latvia or any other state but who are entitled, under the laws and regulations of the Republic of Latvia, to receive a non-citizen's passport.
:   [(6)](#footnoteref6)
       For greater certainty, following a unilateral reduction of a customs duty, a Party may raise that customs duty to the level determined for the respective year of the tariff elimination schedule in accordance with Annex 2-A.
:   [(7)](#footnoteref7)
       For greater certainty; that modification shall supersede any customs duty rate or staging category set out in Annex 2-A.
:   [(8)](#footnoteref8)
       For Mexico, the customs processing fee refers to the "Derecho de Trámite Aduanero".
:   [(9)](#footnoteref9)
       For greater certainty, the importing Party may require, the consularisation of documents by its consul with jurisdiction in the territory of the exporting Party:(a)
       for investigation or audit purposes, or(b)
       for the importation of household effects.
:   [(10)](#footnoteref10)
       In interpreting the term "measures with equivalent effect", for a specific case, the Parties may seek guidance in the relevant WTO rules as well as in the practice of the WTO membership.
:   [(11)](#footnoteref11)
       For greater certainty, "wine products" means wine and other wine products classified under headings 2204 and 2205 of the Harmonized System.
:   [(12)](#footnoteref12)
       For greater certainty, this is without prejudice to the laws and regulations of each Party for the marketing and commercialisation of those products.
:   [(13)](#footnoteref13)
       When the rules of origin for a material differ between the Parties, the origin of that material shall be determined in accordance with the rules of origin applicable to the exporting Party.
:   [(14)](#footnoteref14)
       Denaturation covers making alcohol unfit for human consumption by the addition of toxic or foul-tasting substances.
:   [(15)](#footnoteref15)
       Simple mixing of products covers mixing of sugar.
:   [(16)](#footnoteref16)
       These operations do not apply to mixing and blending in Chapters 27 to 30, 32 to 35 and 38.
:   [(17)](#footnoteref17)
       According to the Agreement on Rules of Origin of the WTO or Chapter 3 (Rules of Origin and Origin Procedures) of this Agreement.
:   [(18)](#footnoteref18)
       A Party may use the criteria provided for in Article 7.7.2 of the WTO Agreement on Trade Facilitation.
:   [(19)](#footnoteref19)
       For greater certainty, this Article does not preclude preshipment inspections for sanitary and phytosanitary purposes.
:   [(20)](#footnoteref20)
       In that regard, the authorities may analyse aspects such as the physical characteristics of those products, their technical specifications, final uses and channels of distribution. That list of aspects is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.
:   [(21)](#footnoteref21)
       For greater certainty, nothing in this Article prevents an importing Party from disposing of a consignment which is found to have an infectious pathogen or pest that can, if urgent action is not taken, spread and cause damage to human, animal or plant life or health in the territory of that Party.
:   [(22)](#footnoteref22)
       "One Health" as defined by the World Health Organisation (WHO) is an approach combining policies in multiple sectors to achieve better public health outcomes.
:   [(23)](#footnoteref23)
       For greater certainty, these rights and remedies include those arising from Mexico's obligations pursuant to the provisions in Chapter 10 (Investment) and the related annexes.
:   [(24)](#footnoteref24)
       WTO Document G/TBT/1/Rev. 13, dated 8 March 2017, as may be revised.
:   [(25)](#footnoteref25)
       Contained in WTO Document G/TBT/1/Rev. 13, dated 8 March 2017, as may be revised.
:   [(26)](#footnoteref26)
       For greater certainty, a Party may comply with this obligation by ensuring that the proposed measures and their final versions are published on, or otherwise accessible through, the WTO's official website.
:   [(27)](#footnoteref27)
       For Mexico, a representative office shall not be considered as an enterprise, unless it is established as a branch.
:   [(28)](#footnoteref28)
       In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the European Union understands that the concept of an "effective and continuous link" with the economy of a Member State of the European Union enshrined in Article 54 of the TFEU is equivalent to the concept of "substantive business operations".
:   [(29)](#footnoteref29)
       For greater certainty, a branch or a representative office of an enterprise of a third country shall not be considered to be an enterprise of the European Union or an enterprise of Mexico.
:   [(30)](#footnoteref30)
       The term "acquisition" includes capital participation in an enterprise with a view to establishing or maintaining lasting economic links.
:   [(31)](#footnoteref31)
       For greater certainty, this Chapter covers measures by entities listed under subparagraphs (a) and (b), which are adopted or maintained either directly or indirectly by instructing, directing or controlling other entities with regard to those measures.
:   [(32)](#footnoteref32)
       For the European Union, without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in that same Member State of the European Union, including on its continental shelf, as provided in the United Nations Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.For Mexico, national maritime cabotage under this Chapter covers the navigation that any vessel performs by sea, between ports or places located within the Mexican marine zones and Mexican shores.
:   [(33)](#footnoteref33)
       For greater certainty, "air services or related services in support of air services" also include the following services: rental of aircraft with crew, airport operation services and services provided by using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services.
:   [(34)](#footnoteref34)
       For greater certainty, subsidies are covered under Chapter 24 (Subsidies).
:   [(35)](#footnoteref35)
       Subparagraphs 2(a), (b) and (c) do not cover measures adopted or maintained in order to limit the production of an agricultural or fishery product.
:   [(36)](#footnoteref36)
       For greater certainty, a condition for the receipt or continued receipt of an advantage referred to in paragraph 2 does not constitute a "commitment or undertaking" for the purposes of paragraph 1.
:   [(37)](#footnoteref37)
       In line with its notification of the Treaty establishing the European Community to the WTO (WT/REG39/1), the European Union understands that the concept of an "effective and continuous link" with the economy of a Member State of the European Union enshrined in Article 54 of the TFEU is equivalent to the concept of "substantive business operations".
:   [(38)](#footnoteref38)
       For greater certainty, a branch or a representative office of an enterprise of a third country shall not be considered to be an enterprise of the European Union or an enterprise of Mexico.
:   [(39)](#footnoteref39)
       For the European Union, without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in that same Member State of the European Union, including on its continental shelf, as provided in the United Nations Convention on the Law of the Sea; and traffic originating and terminating in the same port or point located in a Member State of the European Union.For Mexico, national maritime cabotage under this Chapter covers the navigation that any vessel performs by sea, between ports or places located within the Mexican marine zones and Mexican shores.
:   [(40)](#footnoteref40)
       For greater certainty, subsidies are covered under Chapter 24 (Subsidies).
:   [(41)](#footnoteref41)
       For greater certainty, air services or related services in support of air services also include: rental of aircraft with crew, airport operation services and services provided by using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services.
:   [(42)](#footnoteref42)
       The service contract referred to in subparagraph (c) shall comply with the requirements of the laws and regulations of the Party where the contract is executed.
:   [(43)](#footnoteref43)
       The service contract referred to in subparagraph (d) shall comply with the requirements of the laws and regulations of the Party where the contract is executed.
:   [(44)](#footnoteref44)
       For greater certainty, managers or executives and specialists may be required to demonstrate that they possess the professional qualifications and experience needed in the enterprise to which they are transferred.
:   [(45)](#footnoteref45)
       For greater certainty, while managers or executives do not directly perform tasks concerning the actual supply of the services, they may, in the course of executing their duties to primarily direct the management of the enterprise, perform tasks that may be necessary for the provision of the services.
:   [(46)](#footnoteref46)
       The recipient enterprise may be required to submit a training programme covering the duration of the stay for prior approval, demonstrating that the purpose of the stay is for training. For Czechia, Germany, Spain, France, Hungary Lithuania and Austria, training must be linked to the university degree which has been obtained.
:   [(47)](#footnoteref47)
       The length of stay for business visitors for purposes of establishment of an enterprise is without prejudice to the rights granted by a Party to nationals or citizens of the other Party under bilateral visa waivers.
:   [(48)](#footnoteref48)
       For greater certainty, as far as measures relating to technical standards are concerned, this Chapter only applies to such measures affecting trade in services.
:   [(49)](#footnoteref49)
       For greater certainty, competent authorities may assess the weight to be given to those criteria which may include competence, ability to supply a service or any other economic activity, and potential health or environmental impacts of an authorisation decision.
:   [(50)](#footnoteref50)
       For greater certainty, a Party may require multiple applications for authorisation if a service or other economic activity is within the jurisdiction of multiple competent authorities.
:   [(51)](#footnoteref51)
       Authorisation fees include licensing fees and fees relating to qualification procedures; they do not include fees for the use of natural resources, payments for auction, tendering or other non‑discriminatory means of awarding concessions, or mandated contributions to universal service provision.
:   [(52)](#footnoteref52)
       The competent authorities can meet this requirement by informing an applicant in advance in writing, including through a published measure, that lack of response after a specified period of time from the date of submission of the application indicates either acceptance or rejection of the application. For greater certainty, informing in writing may include information provided in electronic form.
:   [(53)](#footnoteref53)
       For greater certainty, such opportunity does not require a competent authority to provide extensions of deadlines.

[Top](#document2)

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.9.2025

COM(2025) 812 final

ANNEX

to the

Proposal for the Council Decision

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

CHAPTER 16

TELECOMMUNICATIONS SERVICES

ARTICLE 16.1

Definitions

For the purposes of this Chapter:

(a)
   "associated facilities" means services, physical infrastructures and other facilities associated with a telecommunications network or service which enable or support the provision of services via that network or service or have the potential to do so;

(b)
   "end user" means a final consumer of, or subscriber to, a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;

(c)
   "essential facilities" means facilities of a public telecommunications network or service that:

(i)
   are exclusively or predominantly provided by a single or limited number of suppliers; and

(ii)
   cannot feasibly be economically or technically substituted in order to provide a service;

  

(d)
   "interconnection" means linking the public telecommunications networks of suppliers providing public telecommunications services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by any supplier that is either involved or has access to the network;

(e)
   "intra-corporate communications" means telecommunications through which an enterprise communicates within the enterprise or with or among its subsidiaries, branches and, subject to the law of the Party concerned, affiliates, but does not include commercial or non‑commercial services that are supplied to enterprises that are not related subsidiaries, branches or affiliates, or that are offered to customers or potential customers;
[1](#footnote1)

(f)
   "leased circuits" means telecommunications services or facilities, including those of a virtual or non-physical nature, between two or more designated points that are set aside for the dedicated use of, or availability to, a user;

(g)
   "licence" means any authorisation that a Party may require of a natural person or an enterprise, in accordance with its law, in order to offer a telecommunications service, including but not limited to concessions, permits, registrations or notifications;

  

(h)
   "major supplier" means a supplier of telecommunications networks or services which has the ability to materially affect the terms of participation, having regard to price and supply, in a relevant market for public telecommunications networks or services as a result of control over essential facilities or the use of its position in that market;

(i)
   "network element" means a facility or equipment used in supplying a telecommunications service, including features, functions and capabilities provided by means of that facility or equipment;

(j)
   "non-discriminatory" means complying with most-favoured-nation treatment as defined in Articles 10.8 (Most-Favoured-Nation Treatment) and 11.7 (Most-Favoured-Nation Treatment)and national treatment as defined in Articles 10.7 (National Treatment) and 11.6 (National Treatment), as well as according treatment no less favourable than that accorded to any other user of like public telecommunications services in like situations, including with respect to timeliness;

(k)
   "number portability" means the ability of end users of public telecommunications services who so request to retain, at the same location in the case of a fixed line, the same telephone numbers when switching between the same category of suppliers of public telecommunications services.

(l)
   "public telecommunications network" means a telecommunications network used for the provision of public telecommunications services between network termination points;

(m)
   "public telecommunications service" means a telecommunications service that is offered to the public generally;

(n)
   "reference interconnection offer" means an interconnection offer by a major supplier that is made publicly available, so that any supplier of public telecommunications services willing to accept the offer may obtain interconnection with the major supplier on that basis;

(o)
   "telecommunications" means the transmission and reception of signals by wire, radio, optical or any other electromagnetic means;

(p)
   "telecommunications network" means transmission systems and, where applicable, switching or routing equipment and other resources, including inactive network elements, which permit telecommunications;

(q)
   "telecommunications regulatory authority" means the body or bodies responsible for the regulation of telecommunications networks and services covered by this Chapter;

(r)
   "telecommunications service" means a service which consists wholly or mainly in the transmission and reception of signals over telecommunications networks, including over networks used for broadcasting, but does not include services providing, or exercising editorial control over, content transmitted using telecommunications networks and services;

(s)
   "universal service" means the minimum set of services that must be made available to all users in the territory of a Party, the scope of which is defined by that Party; and

  

(t)
   "user" means a consumer or a service supplier using a public telecommunications network or service.

ARTICLE 16.2

Scope and Principles of the Regulatory Framework

1.
   This Chapter sets out principles of the regulatory framework for the provision of telecommunications networks and services, liberalised pursuant to Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services), and applies to measures adopted or maintained by a Party affecting trade in public telecommunications services.

2.
   For greater certainty, this Chapter does not apply to measures adopted or maintained by a Party affecting services providing, or exercising editorial control over, content transmitted using telecommunications networks or services.

  

ARTICLE 16.3

Telecommunications Regulatory Authority

1.
   Each Party shall ensure that its telecommunications regulatory authority is legally distinct and functionally independent from any supplier of public telecommunications networks or services, or telecommunications equipment. With a view to ensuring the independence and impartiality of telecommunications regulatory authorities, each Party shall ensure that its telecommunications regulatory authority does not hold a financial interest or maintain an operating or management role in any supplier of public telecommunications networks or services, or telecommunications equipment. A Party that retains ownership or control of suppliers of telecommunications networks or services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control.

2.
   Each Party shall ensure that regulatory decisions and procedures of its telecommunications regulatory authority, related to this Chapter, are impartial with respect to all market participants.

3.
   Each Party shall ensure that its telecommunications regulatory authority acts independently and does not seek or take instructions from any other body in relation to the exercise of the tasks assigned to it under the law of a Party to enforce the obligations set out in Articles 16.5, 16.6, 16.7, 16.9 and 16.10.

  

4.
   Each Party shall ensure that its telecommunications regulatory authority has the regulatory power, as well as adequate financial and human resources, to carry out the tasks assigned to it in order to enforce the obligations set out in this Chapter. Such power shall be exercised in a transparent and timely manner. The tasks of the telecommunications regulatory authority shall be made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body.

5.
   Each Party shall provide its telecommunications regulatory authority with the power to ensure that suppliers of telecommunications networks or services provide it, promptly upon request, with all the information, including financial information, which is necessary to enable the telecommunications regulatory authority to carry out its tasks in accordance with this Chapter. Information received shall be treated in accordance with the applicable confidentiality requirements of the Parties.

6.
   Each Party shall ensure that a user or supplier of telecommunications networks or services affected by a decision of the telecommunications regulatory authority has the right to challenge that decision before a body that is independent of the telecommunications regulatory authority and of the parties affected by the decision
[2](#footnote2)
. Pending the outcome of this procedure, the decision of the telecommunications regulatory authority shall stand, unless interim measures are granted in accordance with the law of the Party concerned.

  

ARTICLE 16.4

Licensing Procedures

1.
   If a Party requires a supplier of public telecommunications networks or services to have a licence, it shall ensure that the following information is publicly available:

(a)
   the types of telecommunications services requiring licences;

(b)
   all the licensing criteria and procedures it applies;

(c)
   the period of time it normally requires to reach a decision concerning an application for a licence if a decision is required; and

(d)
   the terms and conditions generally applicable to a licence.

2.
   A Party requiring a supplier of public telecommunications networks or services to have a licence shall decide upon the granting of the licence within a reasonable period of time so as to allow the supplier to start providing its telecommunications networks or services without undue delay.

3.
   Any licensing criteria, applicable procedures and, if imposed, obligations or conditions, shall be related to the telecommunications services provided, objective, proportionate, transparent and non-discriminatory.

4.
   Each Party shall ensure that an applicant or a licensee receives, as a procedural requirement or upon request, the written reasons for:

(a)
   denial of a licence;

(b)
   imposition of supplier-specific conditions or obligations on a licence;

(c)
   revocation of the licence; or

(d)
   refusal to renew a licence.

5.
   Any administrative fees imposed on suppliers shall be objective, transparent, non‑discriminatory and proportionate to the administrative costs reasonably incurred in the management, control and enforcement of the obligations set out in this Chapter.
[3](#footnote3)

ARTICLE 16.5

Interconnection

Each Party shall ensure that a supplier of public telecommunications networks or services has the right and, when requested by another supplier of public telecommunications networks or services, the obligation to negotiate interconnection for the purposes of providing public telecommunications networks or services.

ARTICLE 16.6

Access to and Use of Public Telecommunications Networks and Services

1.
   Each Party shall ensure that any service supplier of the other Party is accorded access to, and use of, public telecommunications networks or services, including leased circuits, offered in its territory or across its borders on reasonable and non-discriminatory terms and conditions, for the supply of a service liberalised pursuant to Chapters 10 (Investment Liberalisation) and 11 (Cross Border Trade in Services). This obligation shall be implemented, inter alia, by complying with paragraphs 2 to 6.

2.
   Each Party shall ensure that a service supplier of the other Party is permitted to:

(a)
   purchase or lease and attach terminal or other equipment which interfaces with a public telecommunications network;

(b)
   provide services to individual or multiple end users over leased or owned circuits;

(c)
   connect private leased or owned circuits with public telecommunications networks and services or with circuits leased or owned by another service supplier; and

(d)
   use operating protocols of the service supplier's choice in the supply of any service, other than as necessary to ensure the availability of telecommunications services to the public generally.

  

3.
   Each Party shall ensure that service suppliers of the other Party may use public telecommunications networks and services for the movement of information in its territory or across its borders, including for intra-corporate communications of such service suppliers, and for access to information contained in databases or otherwise stored in machine-readable form in the territory of either Party.

4.
   Notwithstanding paragraph 3, a Party may adopt or maintain measures that are necessary to ensure the security and confidentiality of communications, subject to the requirement that those measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.

5.
   Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks and services other than necessary to:

(a)
   safeguard the public service responsibilities of suppliers of public telecommunications networks or services, in particular their ability to make their public telecommunication services available to the public generally; or

(b)
   protect the technical integrity of public telecommunications networks or services;

  

6.
   Provided that they satisfy the criteria set out in paragraph 5, the conditions for access to and use of public telecommunications networks and services may include:

(a)
   restrictions on resale or shared use of those services;

(b)
   a requirement to use specified technical interfaces, including interface protocols, for interconnection with those networks and services;

(c)
   requirements, if necessary, for the interoperability of those services and for encouraging the achievement of the goals set out in Article 16.18;

(d)
   type approval of terminal or other equipment which interfaces with the network and technical requirements relating to the attachment of that equipment to those networks;

(e)
   restrictions on interconnection of private leased or owned circuits with those networks or services or with circuits leased or owned by another service supplier; or

(f)
   notification, registration and licensing requirements.

ARTICLE 16.7

Resolution of Disputes on Telecommunications

1.
   Each Party shall ensure that in a dispute arising between suppliers of telecommunications networks or services in connection with rights and obligations set out in this Chapter, its telecommunications regulatory authority issues at the request of either party involved in the dispute, a binding decision to resolve the dispute within the timeframe stipulated in the law of that Party.

2.
   Each Party shall ensure that the decision issued by the telecommunications regulatory authority is made available to the public, having regard to the requirements of business confidentiality. Each Party shall ensure that the parties involved in the dispute receive a full statement of the reasons on which the decision is based and have the right to challenge that decision in accordance with Article 16.3(6).

3.
   Paragraphs 1 and 2 shall not preclude a party involved in the dispute from bringing an action before the judicial authorities.
[4](#footnote4)

  

ARTICLE 16.8

Competitive Safeguards on Major Suppliers

1.
   Each Party shall adopt or maintain appropriate measures for the purpose of preventing suppliers of public telecommunications networks or services that, alone or together, are a major supplier from engaging in or continuing anticompetitive practices.

2.
   The anticompetitive practices referred to in paragraph 1 include in particular:

(a)
   engaging anticompetitive cross-subsidisation;

(b)
   using information obtained from competitors with anticompetitive results; and

(c)
   not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which is necessary for them to provide services.

  

ARTICLE 16.9

Interconnection with Major Suppliers

1.
   Each Party shall ensure that a major supplier of public telecommunications networks and services in its territory provides interconnection with suppliers of public telecommunications services of the other Party:

(a)
   at any technically feasible point in the network of that major supplier;

(b)
   on non-discriminatory terms and conditions including as regards rates, technical standards, specifications, quality and maintenance;

(c)
   of a quality no less favourable than that provided for its own like services, or for like services of its subsidiaries or other affiliates;

(d)
   in a timely fashion, and on terms and conditions, including rates
[5](#footnote5)
, technical standards and specifications, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers of public telecommunications services do not need to pay for network components or facilities that they do not require for the service to be provided; and

  

(e)
   on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of the necessary additional facilities.

2.
   Each Party shall ensure that major suppliers in its territory make publicly available, as appropriate, either:

(a)
   a reference interconnection offer or another standard interconnection offer containing the terms and conditions, and rates that the major supplier offers generally to suppliers of public telecommunications services; or

(b)
   the terms and conditions of an interconnection agreement in effect.

3.
   Each Party shall make publicly available the applicable procedures for interconnection negotiations with a major supplier in its territory.

  

ARTICLE 16.10

Access to Essential Facilities

1.
   Each Party shall ensure that a major supplier in its territory grants access to its essential facilities to suppliers of public telecommunications networks or services on reasonable, transparent and non-discriminatory terms and conditions based on a generally available offer for the purpose of providing public telecommunications services, except when this is not necessary to achieve effective competition on the basis of the facts collected and the assessment of market conditions conducted by the telecommunications regulatory authority. The essential facilities of a major supplier may include network elements, leased circuits services and associated facilities.

2.
   Each Party shall provide its telecommunications regulatory authority with the power to determine the essential facilities required to be made available in its territory by a major supplier, and to what extent those essential facilities are to be unbundled. Such determination shall be based, among others, on the objective of achieving effective competition and the benefit of the long-term interest of end users.

3.
   If a Party requires a major supplier to offer its public telecommunications services for resale, it shall ensure that the major supplier does not impose unreasonable or discriminatory conditions on the resale of its public telecommunications services.

  

ARTICLE 16.11

Scarce Resources

1.
   Each Party shall ensure that the allocation and granting of rights of use of scarce resources, including radio spectrum, numbers and rights of way, is carried out in an open, objective, timely, transparent, non-discriminatory and proportionate manner and in pursuit of general interest objectives, including the promotion of competition. Procedures, and conditions and obligations attached to rights of use, shall be based on objective, transparent, non-discriminatory and proportionate criteria.

2.
   Each Party shall ensure that the current use of allocated frequency bands is made publicly available, but detailed identification of radio spectrum allocated for specific government purposes is not required.

3.
   A Party may rely on market-based approaches, such as bidding procedures, to assign radio spectrum for commercial use.

  

4.
   Measures of a Party allocating and assigning radio spectrum and managing frequency are not per se inconsistent with Articles 10.6 (Market Access) and 11.4 (Market Access). Each Party retains the right to adopt and maintain spectrum and frequency management measures that may have the effect of limiting the number of suppliers of telecommunications services, provided those measures are consistent with other provisions of this Agreement. This right includes the ability to allocate frequency bands taking into account current and future needs and radio spectrum availability.

ARTICLE 16.12

Number Portability

Each Party shall ensure within its territory that suppliers of public telecommunications services provide number portability on a timely basis, without impairment of quality, reliability or convenience, and on reasonable and non-discriminatory terms and conditions.

ARTICLE 16.13

Universal Service

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

  

2.
   Each Party shall administer any universal service obligation in a manner that is transparent, non-discriminatory and neutral with respect to competition. Each Party shall ensure that any universal service obligation it imposes is not more burdensome than necessary for the kind of universal service that it has defined. Universal service obligations defined according to these principles shall not be regarded per se as anticompetitive.

3.
   Each Party shall ensure that procedures for the designation of universal service suppliers are open to all suppliers of public telecommunications networks or services. The designation shall be made through an efficient, transparent and non-discriminatory mechanism.

4.
   If a Party decides to compensate the suppliers of universal services, it shall ensure that such compensation does not exceed the needs directly attributable to the universal services obligation, as determined through a competitive process or a determination of net costs.

ARTICLE 16.14

Confidentiality of Information

1.
   Each Party shall ensure that suppliers of public telecommunications networks or services that acquire information from another supplier of public telecommunications networks or services, in the process of negotiating arrangements pursuant to Articles 16.5, 16.9 or 16.10 use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of that information.

  

2.
   Each Party shall ensure the confidentiality of telecommunications and related traffic data transmitted in the use of public telecommunications networks or services, subject to the requirement that measures applied to that end do not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.

ARTICLE 16.15

Technological Neutrality

The Parties recognise the benefits of technological neutrality, in particular with regard to allowing suppliers of public telecommunications services to choose the technologies they desire to use for supplying their services. A Party may restrict such choice by adopting or maintaining requirements necessary to satisfy legitimate public policy objectives, provided that those requirements do not create unnecessary obstacles to trade.

  

ARTICLE 16.16

Treatment by Major Suppliers

Each Party shall provide its telecommunications regulatory authority with the power to require, where appropriate, that a major supplier in its territory accords suppliers of public telecommunications networks or services of the other Party treatment no less favourable than that which the major supplier accords in like situations to its subsidiaries or its affiliates, regarding:

(a)
   the availability, provisioning, rates or quality of like telecommunications services; and

(b)
   the availability of technical interfaces necessary for interconnection.

ARTICLE 16.17

International Mobile Roaming

1.
   The Parties shall endeavour to cooperate on promoting transparent and reasonable rates for international mobile roaming services with a view to promoting the growth of trade between the Parties and enhancing consumer welfare.

  

2.
   A Party may enhance transparency and competition with respect to international mobile roaming rates and technological alternatives to roaming services in particular by:

(a)
   ensuring that information regarding retail rates is easily accessible to consumers; and

(b)
   minimising impediments to the use of technological alternatives to roaming, whereby consumers visiting its territory can access telecommunications services using the device of their choice.

ARTICLE 16.18

International Standards and Organisations

The Parties recognise the importance of international standards for global compatibility and interoperability of telecommunications networks or services and shall promote those standards through the work of relevant international bodies including the International Telecommunication Union and the International Organization for Standardization.

  

CHAPTER 17

INTERNATIONAL MARITIME TRANSPORT SERVICES

ARTICLE 17.1

Definitions

1.
   For the purposes of this Chapter, Chapter 10 (Investment Liberalisation) and Chapters 11 (Cross-Border Trade in Services), 12 (Temporary Presence of Natural Persons for Business Purposes) and 18 (Financial Services):

(a)
   "container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing or stripping, repairing and making them available for shipments;

(b)
   "customs clearance services" means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, on behalf of another party, whether this service is the main activity of the service provider or a usual complement of its main activity;

  

(c)
   "door-to-door or multimodal transport operations" means the transport of cargo using more than one mode of transport, involving an international sea-leg, under a single transport document;

(d)
   "freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information;

(e)
   "international cargo" means cargo transported between a port of a Party and a port of the other Party or of a third country, or between a port of one Member State of the European Union and a port of another Member State of the European Union;

(f)
   "international maritime transport services" means the transport of passengers or cargo by sea‑going vessels between a port of a Party and a port of the other Party or of a third country or between a port of one Member State of the European Union and a port of another Member State of the European Union, including direct contracting with providers of other transport services, with a view to covering door-to-door or multimodal transport operations under a single transport document, but not the right to provide such other transport services;

(g)
   "maritime auxiliary services" means maritime cargo handling services, customs clearance services, container station and depot services, maritime agency services and maritime freight forwarding services;

  

(h)
   "maritime agency services" means activities consisting in representing, within a given geographic area, as an agent, the business interests of one or more shipping lines or shipping companies, for the purposes of:

(i)
   marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of those companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; or

(ii)
   acting on behalf of those companies organising the call of the ship or taking over cargoes when required; and

(i)
   "maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies; including the organisation and supervision of:

(i)
   the loading or discharging of cargo to or from a ship;

(ii)
   the lashing or unlashing of cargo; or

(iii)
   the reception or delivery and safekeeping of cargoes before shipment or after discharge.

  

ARTICLE 17.2

Objective

This Chapter sets out the principles regarding the liberalisation of international maritime transport services pursuant to Chapter 10 (Investment Liberalisation), and Chapters 11 (Cross-Border Trade in Services), 12 (Temporary Presence of Natural Persons for Business Purposes) and 18 (Financial Services).

ARTICLE 17.3

Principles

1.
   Subject to any measure that a Party adopts or maintains with respect to sectors, sub-sectors or activities, in accordance with Annexes I (Existing measures), II (Future Measures), III (Market Access Commitments) and VI (Financial Services), each Party shall:

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

  

(b)
   grant to ships flying the flag of the other Party or operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships with regard to, among others, access to ports, use of infrastructure and services of ports, and use of maritime auxiliary services, as well as related fees and charges, customs facilities and assignment of berths and facilities for loading and unloading.

2.
   In applying the principles referred to in subparagraphs 1(a) and (b), the Parties shall:

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

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

3.
   Each Party shall permit international maritime service suppliers of the other Party to have an enterprise established and operating in its territory in accordance with Annexes I (Existing measures), II (Future Measures), III (Market Access Commitments) and VI (Financial Services).

  

4.
   The Parties shall make available to suppliers of international maritime transport services of the other Party on reasonable and non-discriminatory terms and conditions the following services at the port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain's services, navigation aids, emergency repair facilities, anchorage, berth and berthing services, as well as shore-based operational services essential to ship operations, including communications, water and electrical supplies.

  

CHAPTER 18

FINANCIAL SERVICES

ARTICLE 18.1

Definitions

For the purposes of this Chapter:

(a)
   "cross-border financial service supplier of a Party" means a person of a Party that is engaged in the supply of financial services within the territory of the Party and that seeks to supply or supplies a financial service through the cross-border supply of those services;

(b)
   "cross-border trade in financial services" or "cross-border supply of financial services" means the supply of a financial service:

(i)
   from the territory of one Party into the territory of the other Party; or

(ii)
   in the territory of one Party to a service consumer of the other Party; such supply of a financial service does not include the supply of a financial service in the territory of one Party by an investment in that territory;

  

(c)
   "financial institution" means any financial service supplier that carries out a financial service if that supplier is authorised to do business, regulated or supervised as a financial institution under the law of the Party in whose territory the supplier is located, including a branch in the territory of the Party of the financial service supplier whose head office is located in the territory of the other Party;

(d)
   "financial institution of the other Party" means a financial institution located in the territory of a Party that is controlled by a person of the other Party;

(e)
   "financial service" means any service of a financial nature including all insurance and insurance-related services, and all banking and other financial services (excluding insurance); covering the following activities:

(i)
   insurance and insurance-related services:

(A)
   direct insurance including co-insurance:

(1)
   life;

(2)
   non-life;

(B)
   reinsurance and retrocession;

  

(C)
   insurance intermediation, such as brokerage and agency; and

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

(ii)
   banking and other financial services (excluding insurance):

(A)
   acceptance of deposits and other repayable funds from the public;

(B)
   lending of all types, including consumer credit, mortgage credit, factoring, and financing of commercial transactions;

(C)
   financial leasing;

(D)
   all payment and money transmission services, including credit, charge and debit cards, travellers checks, and bankers drafts;

(E)
   guarantees and commitments;

  

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

(1)
   money market instruments including checks, bills, certificates of deposits;

(2)
   foreign exchange;

(3)
   derivative products including, futures and options;

(4)
   exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(5)
   transferable securities; and

(6)
   other negotiable instruments and financial assets, including bullion;

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

(H)
   money broking;

(I)
   asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository, and trust services;

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

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

(L)
   advisory, intermediation, and other auxiliary financial services on all the activities listed in subparagraphs A to K, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;

(f)
   "financial service supplier" means a person of a Party that seeks to supply or supplies a financial service within the territory of that Party but does not include a public entity;

  

(g)
   "investor of a Party" means an investor of a Party as defined in Article 10.1 (Definitions);

(h)
   "new financial service" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, which is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party;

(i)
   "public entity" means:

(i)
   a government, a central bank or a monetary authority, of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or

(ii)
   a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions; and

(j)
   "self-regulatory organisation" means any non-governmental body, including any securities or futures exchange or market, clearing agency, or other organisation or association, that exercises regulatory or supervisory authority over financial service suppliers by statute or delegation from a Party.

  

ARTICLE 18.2

Scope

1.
   This Chapter applies to measures adopted or maintained by a Party relating to:

(a)
   financial institutions of the other Party;

(b)
   investors of the other Party, and financial institutions of those investors in the Party's territory; and

(c)
   cross-border trade in financial services.

2.
   For greater certainty, Chapter 10 (Investment Liberalisation) applies to measures adopted or maintained by a Party:

(a)
   relating to investors of a Party and covered enterprises of those investors in financial services which are not financial institutions; and

(b)
   other than measures relating to the supply of financial services, relating to investors of a Party or financial institutions of those investors.

  

3.
   This Chapter does not apply to measures adopted or maintained by a Party relating to:

(a)
   activities or services forming part of a public retirement plan or statutory system of social security; or

(b)
   activities or services conducted for the account or with the guarantee or using the financial resources of the Party, including its public entities,

except to the extent that a Party allows any of the activities or services referred to in subparagraphs (a) or (b) to be conducted by its financial institutions in competition with a public entity or financial institution.

4.
   This Chapter does not apply to government procurement of financial services.

5.
   Nothing in this Agreement applies to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.

6.
   The provisions of Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services) apply to measures within the scope of this Chapter only to the extent that those provisions are incorporated into and made part of this Chapter.

  

7.
   Articles 10.11 (Formal Requirements), 10.13 (Denial of Benefits) and 11.9 (Denial of Benefits) are hereby incorporated and made part of this Chapter and apply, mutatis mutandis, to measures adopted or maintained by a Party relating to financial institutions of the other Party, investors of the other Party and financial institutions of those investors in the Party’s territory.

8.
   If an inconsistency arises between this Chapter and any other provision of the Agreement, this Chapter shall prevail to the extent of the inconsistency.

ARTICLE 18.3

National Treatment

1.
   Article 10.7 (National Treatment) is hereby incorporated into and made part of this Chapter and applies to investors and financial institutions of the other Party and their enterprises that are financial institutions.

2.
   The treatment accorded by a Party to its own investors and enterprises of its own investors pursuant to Article 10.7 (National Treatment) means treatment accorded to its own financial institutions and enterprises of its own investors that are financial institutions.

  

ARTICLE 18.4

Most-Favoured-Nation Treatment

1.
   Article 10.8 (Most-Favoured-Nation Treatment) is hereby incorporated into and made part of this Chapter and applies to measures adopted or maintained by a Party relating to investors and financial institutions of the other Party and their enterprises that are financial institutions.

2.
   The treatment accorded by a Party to investors of a third country and investments of investors of a third country pursuant to Article 10.8 (Most-Favoured-Nation Treatment) means treatment accorded to financial institutions of a third country and to investors of a third country and their enterprises that are financial institutions.

  

ARTICLE 18.5

Market Access

1.
   A Party shall not adopt or maintain with respect to a financial institution of the other Party or with respect to market access through establishment of a financial institution by an investor of the other Party, either on the basis of its entire territory or on the basis of a territorial subdivision, a measure that:

(a)
   imposes limitations on:

(i)
   the number of financial institutions, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;

(ii)
   the total value of financial service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(iii)
   the total number of financial service operations or the total quantity of financial services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; or

(iv)
   the total number of natural persons that may be employed in a particular financial services sector or that a financial institution may employ and who are necessary for, and directly related to, the performance of a specific financial service in the form of numerical quotas or the requirement of an economic needs test; or

  

(b)
   restricts or requires specific types of legal entity or joint venture through which a financial institution may perform an economic activity.

2.
   For greater certainty, this Article shall not be construed as preventing a Party from requiring a financial institution to supply certain financial services through separate legal entities if, under the law of that Party, the range of financial services supplied by the financial institution may not be supplied through a single entity.

ARTICLE 18.6

Senior Management and Board of Directors

Article 10.10 (Senior Management and Board of Directors) is hereby incorporated into and made a part of this Chapter and applies to measures adopted or maintained by Party relating to financial institutions.

  

ARTICLE 18.7

Cross-Border Trade in Financial Services

1.
   Articles 11.4 (Market Access) and 11.6 (National Treatment), are hereby incorporated into and made part of this Chapter and apply to measures adopted or maintained by a Party relating to cross-border financial service suppliers of the other Party supplying the financial services specified in Annex 18-A (Cross-Border Trade in Financial Services).

2.
   The treatment accorded by a Party to its own services and service suppliers pursuant to Article 11.6 (National Treatment) means treatment accorded to its own financial services and financial service suppliers.

3.
   The measures which a Party shall not adopt or maintain with respect to services and service suppliers of the other Party pursuant to Article 11.4 (Market Access) means measures relating to cross-border financial service suppliers of the other Party supplying financial services.

4.
   Article 11.7 (Most-Favoured-Nation Treatment) is hereby incorporated into and made part of this Chapter and applies to measures adopted or maintained by a Party regarding cross-border financial service suppliers of the other Party.

5.
   The treatment accorded by a Party to services and service suppliers of a third country pursuant to Article 11.7 (Most-Favoured-Nation Treatment) means treatment accorded to financial services of a third country and financial service suppliers of a third country.

6.
   Article 11.5 (Local Presence) is hereby incorporated into and made part of this Chapter and applies to cross-border financial service suppliers of the other Party supplying the financial services specified in Annex 18-A (Cross-Border Trade in Financial Services).

7.
   Each Party shall permit persons located in its territory, and its nationals wherever located, to purchase financial services from cross-border financial service suppliers of the other Party located in its territory. This obligation does not require a Party to permit such suppliers to do business or solicit in its territory. A Party may define "doing business" and "solicitation" for the purposes of this obligation provided that those definitions are not inconsistent with paragraph 1.

8.
   This Article shall not be construed as preventing a Party from adopting or maintaining a measure that prescribes formal requirements in connection with the supply of a cross-border financial service, such as the registration or authorisation of cross-border financial service suppliers and of financial instruments provided that those requirements are not applied in a discriminatory manner.

ARTICLE 18.8

Performance Requirements

1.
   The Parties shall jointly determine disciplines on performance requirements such as those set out in Article 10.9 (Performance Requirements) that shall apply to enterprises that are financial institutions.

  

2.
   Within 180 days following the joint determination of the performance requirement disciplines pursuant to paragraph 1, the Trade Council shall modify by a decision paragraph 1 in order to integrate those disciplines into this Article and may modify, as appropriate, the reservations and non-conforming measures of each Party in Annex VI (Financial Services).

3.
   Article 18.12 applies to measures listed with respect to the performance requirement disciplines referred to in paragraph 1.

ARTICLE 18.9

Financial Services New to the Territory of a Party

1.
   A Party shall permit a financial institution of the other Party to supply any new financial service that the former Party would permit to be supplied by its own financial institutions in accordance with its domestic law in like situations without adopting a law or modifying an existing law.

2.
   Notwithstanding Article 18.8(1) in conjunction with Article 11.4 (Market Access), a Party may determine the institutional and legal form through which the new financial service may be supplied and may require authorisation for the supply of the service. If that authorisation is required, a decision shall be made within a reasonable time and the authorisation may only be refused for prudential reasons.

  

ARTICLE 18.10

Review Clause on Data Flows

The Parties shall reassess within three years of the date of entry into force of this Agreement the need for inclusion of provisions on the free flow of data for conducting the activities that are within the scope of this Chapter.

ARTICLE 18.11

Treatment of Information

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

ARTICLE 18.12

Reservations and Non-Conforming Measures

1.
   Articles 18.3 to 18.7 do not apply to:

(a)
   any existing non-conforming measure that is maintained by a Party at the level of:

(i)
   the European Union, as set out in Appendix VI-A (List of the EU) to Annex VI (Financial Services);

(ii)
   a central government, as set out by that Party in Section A of the List in its Appendix to Annex VI (Financial Services);

(iii)
   a regional government, as set out by that Party in Section A of the List in its Appendix to Annex VI (Financial Services); or

(iv)
   a local government;

(b)
   the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or

(c)
   an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure as it existed:

(i)
   immediately before the amendment, with Article 18.3, 18.4, 18.5, or 18.6; or

(ii)
   on the date of entry into force of the Agreement, with Article 18.7.

2.
   Articles 18.3 to 18.7 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out by that Party in Section B of the List of its Appendix to Annex VI (Financial Services).

3.
   A reservation of a Party to Articles 10.6 (Market Access), 10.7 (National Treatment), 10.8 (Most-Favoured-Nation Treatment), 10.10 (Senior Management and Board of Directors), 11.4 (Market Access), 11.5 (Local Presence), 11.6 (National Treatment) or 11.7 (Most‑Favoured‑Nation Treatment) listed in its Appendix to Annexes I or II also constitutes a reservation to Articles 18.3, 18.4, 18.5, 18.6 or 18.7, as the case may be, to the extent that the measure, sector, subsector or activity set out in the reservation is within the scope of this Chapter.

4.
   A Party shall not adopt any measure covered by a reservation listed in its respective Appendix to Annex II (Future Measures) that requires directly or indirectly an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of a covered enterprise existing at the time the measure becomes effective.

  

ARTICLE 18.13

Prudential Carve-Out

1.
   Nothing in this Agreement shall be construed as preventing a Party from adopting or maintaining measures for prudential reasons,
[6](#footnote6)
 including to:

(a)
   protect investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier; or

(b)
   ensure the integrity and stability of the financial system of that Party.

2.
   Where such measures do not conform to the other provisions of this Agreement, they shall not be used as a means of avoiding the commitments or obligations of a Party under this Agreement.

  

ARTICLE 18.14

Recognition

1.
   A Party may recognise prudential measures of the other Party or a third country in determining how the measures of the former Party relating to financial services shall be applied. Such recognition may be achieved either autonomously, through harmonisation or based on an agreement or other arrangement.

2.
   If a Party recognises a prudential measure of a third country in accordance with paragraph 1, that Party shall afford adequate opportunity to the other Party to demonstrate that the circumstances in which the Party recognised the prudential measure of the third country exist in the other Party and that under those circumstances there are or would be equivalent regulation, oversight and implementation in the other Party as well as, if appropriate, procedures for exchanging information between the Parties.

3.
   Nothing in this Agreement shall be construed as requiring a Party to recognise a prudential measure of the other Party.

  

ARTICLE 18.15

International Standards

Each Party shall endeavour to ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against avoidance and evasion of taxes are implemented and applied in its territory. Those internationally agreed standards include, among others, those adopted by the G20, the Financial Stability Board (FSB), the Basel Committee on Banking Supervision (BCBS), the International Association of Insurance Supervisors (IAIS), the International Organisation of Securities Commissions (IOSCO), the Financial Action Task Force (FATF) and the Global Forum on Transparency and Exchange of Information for Tax Purposes of the OECD.

  

ARTICLE 18.16

Self-Regulatory Organisations

If a Party requires a financial institution or a cross-border financial service supplier of the other Party to be a member of, participate in, or have access to, a self-regulatory organisation in order to provide a financial service in or into its territory, the former Party shall ensure that the self‑regulatory organisation complies with the obligations set out in Articles 18.3, 18.4 and 18.7.

ARTICLE 18.17

Payment and Clearing Systems

Each Party shall grant to financial institutions of the other Party established in its territory access to payment and clearing systems operated by public entities, and to official funding and refinancing facilities available in the normal course of ordinary business under terms and conditions that accord national treatment. This Article does not confer access to the Party's lender of last resort facilities.

  

ARTICLE 18.18

Domestic Regulation and Transparency

1.
   Chapters 13 (Domestic Regulation) and 28 (Good Regulatory Practices) do not apply to measures adopted or maintained by a Party relating to the scope of this Chapter.

2.
   Each Party shall ensure that all measures of general application to which this Chapter applies are administered in a reasonable, objective and impartial manner.

3.
   For the purposes of paragraph 2, each Party shall, to the extent practicable and in a manner consistent with its law:

(a)
   publish in advance its proposed laws and regulations related to matters within the scope of this Chapter, or publish in advance documents that provide sufficient details about such potential new laws and regulations to allow interested persons and the other Party to assess whether and how their interests could be significantly affected;

(b)
   provide interested persons and the other Party a reasonable opportunity to comment on the proposed measures or documents referred to in subparagraph (a); and

(c)
   consider comments received in accordance with subparagraph (b).

  

4.
   If a Party requires an authorisation for the supply of a financial service, the competent authorities of that Party shall:

(a)
   permit an applicant, to the extent practicable, to submit an application at any time;

(b)
   allow a reasonable period of time for the submission of an application if specific time periods for applications exist;

(c)
   provide to service suppliers and persons seeking to supply a service the information necessary to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation;

(d)
   provide, to the extent practicable, an indicative timeframe for processing of an application;

(e)
   endeavour to accept applications in electronic format;

(f)
   accept copies of documents which are authenticated in accordance with the law of the Party, in place of original documents, unless the presentation of original documents is required for protecting the integrity of the authorisation process;

(g)
   provide, at the request of the applicant, without undue delay information concerning the status of the application;

  

(h)
   if an application is considered complete for processing under the law of the Party, ensure that the processing of an application is finalised, and that the applicant is informed of the decision within a reasonable period of time after the submission of the application, to the extent possible in writing;
[7](#footnote7)

(i)
   if an application is considered incomplete for processing under the law of the Party, within a reasonable period of time and to the extent practicable:

(i)
   inform the applicant that the application is incomplete;

(ii)
   provide, at the request of the applicant, guidance on why the application is considered incomplete;

(iii)
   provide the applicant with the opportunity
[8](#footnote8)
 to submit the additional information that is required to complete the application; and

(iv)
   if none of the above is practicable, and the application is rejected due to incompleteness, ensure that the applicant is informed within a reasonable period of time;

(j)
   if an application is rejected, inform the applicant, to the extent practicable, either on its own initiative or on the request of the applicant, of the reasons for rejection and, if applicable, the procedures for resubmission of an application;

(k)
   ensure that the authorisation fees
[9](#footnote9)
 charged by the competent authority are reasonable, are transparent and do not in themselves restrict the supply of the relevant service or the pursuit of any other economic activity; and

(l)
   ensure that the authorisation, once granted, enters into effect without undue delay subject to the applicable terms and conditions.

  

ARTICLE 18.19

Sub-Committee on Financial Services

1.
   The Sub-Committee on Financial Services established by Article 33.4.1(i) (Sub-Committees and Other Bodies) shall meet annually, unless otherwise agreed, to:

(a)
   monitor the implementation and operation of this Chapter;

(b)
   consider matters regarding financial services that are referred to it by a Party;

(c)
   provide a forum for dialogue between the Parties on the regulation of the financial services sector with a view to improving mutual knowledge of their respective regulatory systems and to cooperate in the development of international standards;

and

(d)
   to assess the functioning of this Agreement as it applies to financial services.

  

2.
   Further to paragraph 1 of Article 33.4 (Sub-Committees and other Bodies), the composition of the Sub-Committee on Financial Services shall include financial services experts and representatives of authorities in charge of financial services policy. For Mexico, the authority responsible for financial services policy is the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) or its successor.

3.
   On request of either Party, the Sub-Committee on Financial Services shall discuss the development of appropriate guidelines for the interpretation of this Chapter. The Trade Council may adopt such guidelines by means of a recommendation.

ARTICLE 18.20

Consultations

1.
   A Party may request, in writing, consultations with the other Party regarding any matter arising under this or related Agreements that affects financial services. The other Party shall accord sympathetic consideration to that request. The consulting Parties shall report the results of their consultations to the Sub-Committee on Financial Services.

  

2.
   Each Party shall ensure that its delegation in the consultations includes officials with the relevant expertise in financial services or financial institutions covered by this Chapter. For Mexico, the officials of the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) or its successor fulfil this requirement.

3.
   Nothing in this Article shall be construed as requiring a Party to derogate from its law regarding the sharing of information among financial authorities or the requirements of an agreement or arrangement between financial authorities of the Parties, or require financial authorities to take any action that would interfere with specific regulatory, supervisory, administrative or enforcement matters.

4.
   Nothing in this Article shall be construed as preventing a Party from requiring information for supervisory purposes concerning a financial institution, or a cross-border financial service supplier, located in the territory of other Party. That Party may approach the financial authority of the other Party to seek the information.

  

ARTICLE 18.21

Dispute Settlement

1.
   Chapter 31 (Dispute Settlement), including Annexes 31-A (Rules of Procedure) and 31‑B (Code of Conduct), applies as modified by this Article to the settlement of disputes concerning the application and interpretation of the provisions of this Chapter.

2.
   In addition to the requirements set out in Article 31.9 (Requirements for Panellists), panellists shall have expertise or experience in financial services law or practice, which may include the regulation of financial institutions, unless the Parties agree otherwise.

3.
   The Trade Committee shall, no later than six months after the date of entry into force of this Agreement, adopt a list of at least 15 individuals, fulfilling the requirements set out in paragraph 2, who are willing and able to serve as panellists. The list shall be composed of three sub-lists:

(a)
   a sub-list of individuals of the European Union;

(b)
   a sub-list of individuals of Mexico; and

(c)
   a sub-list of individuals who shall serve as chairperson to the panel.

  

4.
   For the purposes of this Chapter, the sub-lists referred to in paragraph 3 shall, after adoption, replace the sub-lists set out in paragraph 1 of Article 31.8 (Lists of Panellists).

5.
   In any dispute where a panel finds a measure to be inconsistent with the obligations of this Agreement and the measure affects:

(a)
   the financial services sector and any other sector, the complaining Party may suspend benefits in the financial services sector that have an effect equivalent to the effect of the measure in the financial services sector of the other Party; or

(b)
   only a sector other than the financial services sector, the complaining Party may not suspend benefits in the financial services sector.

  

CHAPTER 19

DIGITAL TRADE

ARTICLE 19.1

Definitions

For the purposes of this Chapter:

(a)
   "consumer" means any natural person, or enterprise if provided for in the law of the Party concerned, using or requesting a publicly available telecommunications service for purposes outside their trade, business, craft or profession;

(b)
   "data message" means information generated, sent, received or stored by electronic, optical or similar means;

(c)
   "electronic authentication service" means a service that enables to confirm:

(i)
   the identity of a natural person or enterprise, or

  

(ii)
   the origin and integrity of a data message from the time when it was first generated in its final form;

(d)
   "electronic signature" means data in electronic form affixed to or logically associated with a data message, which may be used to identify the signatory of that data message and to indicate its approval of the information contained in that data message, to ensure its origin and integrity in a way that any subsequent alteration in the data is detectable;

(e)
   "electronic trust service" means an electronic service consisting of the creation, verification and validation of electronic signatures, electronic time stamps, electronic registered delivery, certified digitisation services, website authentication and certificates related to those services;

(f)
   "end-user" means any natural person, or enterprise if provided for in the law of the Party concerned, using or requesting a publicly available telecommunications service, either as a consumer or for trade, business, craft or professional purposes;

(g)
   "trust service provider" means a natural person or enterprise who provides electronic trust services; and

  

(h)
   "unsolicited commercial electronic message" means an electronic message, including at least electronic mail, short message system (SMS) and multimedia message system (MMS) messages, which is sent for commercial purposes, without the consent of the recipient or despite the explicit rejection of the recipient, directly to end-users via a telecommunications network and, to the extent provided for under the law of a Party, other telecommunications services.

ARTICLE 19.2

Scope

1.
   This Chapter applies to measures of a Party affecting trade enabled by electronic means.

2.
   This Chapter does not apply to:

(a)
   gambling services;

(b)
   broadcasting services;

(c)
   audio-visual services;

  

(d)
   services of notaries or equivalent professions;

(e)
   legal representation services; and

(f)
   government procurement with the exception of Articles 19.7, 19.8 and 19.11.

ARTICLE 19.3

General Principles

The Parties recognise the economic growth and opportunities provided by digital trade and the importance of adopting frameworks that promote consumer confidence in digital trade and of avoiding unnecessary barriers to its use and development.

ARTICLE 19.4

Right to regulate

The Parties affirm the right to regulate within their territories in order to achieve legitimate policy objectives, such as those relating to public health, social services, public education, safety, environment, public morals, social or consumer protection, privacy and data protection, the promotion and protection of cultural diversity, or competition.

  

ARTICLE 19.5

Customs Duties on Electronic Transmissions

1.
   A Party shall not impose customs duties on electronic transmissions between a person of a Party and a person of the other Party.

2.
   For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided those taxes, fees or charges are imposed in a manner consistent with this Agreement.

ARTICLE 19.6

No Prior Authorisation

1.
   Each Party shall ensure that the supply of services by electronic means is not subject to prior authorisation.

2.
   Paragraph 1 is without prejudice to authorisation requirements which are not specifically and exclusively targeted at services provided by electronic means, or which apply to telecommunications services.

  

ARTICLE 19.7

Electronic Contracts

Each Party shall ensure that its legal system allows the conclusion of contracts by electronic means and that those contracts shall not be denied legal effect, validity or enforceability solely on the ground of having been concluded by electronic means.
[10](#footnote10)

ARTICLE 19.8

Electronic Trust and Authentication Services

1.
   A Party shall not deny the legal validity of an electronic trust or an electronic authentication service solely on the basis that the service is provided in electronic form.

  

2.
   A Party shall not adopt or maintain measures regulating electronic trust and electronic authentication services that would:

(a)
   prohibit parties to an electronic transaction from mutually determining the appropriate electronic methods for their transaction; or

(b)
   prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their electronic transaction complies with any legal requirements with respect to electronic trust and electronic authentication services.

3.
   Notwithstanding paragraph 2, a Party may require that, for a particular category of electronic transactions, the method of electronic authentication meets certain performance standards or is certified by an authority accredited in accordance with its law. Such requirements shall be objective, transparent and non-discriminatory and shall relate only to the specific characteristics of the category of electronic transactions concerned.

4.
   The Parties shall encourage the use of interoperable electronic trust and electronic authentication services, and the mutual recognition of electronic trust and electronic authentication services provided by recognised trust services providers.

  

ARTICLE 19.9

Protection of Online Consumers

1.
   The Parties recognise the importance of maintaining and adopting transparent and effective measures that contribute to consumer trust, including but not limited to measures that protect consumers from fraudulent and deceptive commercial practices when they engage in electronic commerce transactions.

2.
   Each Party shall adopt or maintain measures that contribute to consumer trust, including measures that proscribe fraudulent and deceptive commercial practices that cause harm or potentially cause harm to consumers.

3.
   The Parties recognise the importance of cooperation between their respective consumer protection agencies or other relevant bodies on activities related to electronic commerce between the Parties in order to improve consumer trust and thereby enhance consumer welfare.

  

ARTICLE 19.10

Unsolicited Commercial Electronic Messages

1.
   Each Party shall adopt or maintain measures that:

(a)
   require senders of unsolicited commercial electronic messages to facilitate the ability of end‑users to prevent ongoing reception of those messages; or

(b)
   require the consent, as specified according to the laws and regulations of each Party, of recipients to receive commercial electronic messages.

2.
   Each Party shall ensure that unsolicited commercial electronic messages are clearly identifiable as such, clearly disclose on whose behalf they are sent and contain the necessary information to enable end-users to request cessation free of charge and at any moment.

3.
   Each Party shall provide recourse against senders of unsolicited commercial electronic messages that do not comply with the measures adopted or maintained pursuant to paragraphs 1 and 2.

4.
   The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.

  

ARTICLE 19.11

Source Code

1.
   A Party may not require the transfer of, or access to, source code of software owned by a natural person or enterprise of the other Party.

2.
   For greater certainty, paragraph 1 does not:

(a)
   prevent a Party from adopting or maintaining measures to achieve a legitimate public policy objective, including to ensure security and safety, for instance in the context of a certification procedure, in accordance with Articles 18.13 (Prudential Carve-Out), 32.1 (General Exceptions) and Article 32.5 (Security Exception); and.

(b)
   apply to the voluntary transfer of or granting of access to source code on a commercial basis by a person of the other Party, for instance in the context of a public procurement transaction or a freely negotiated contract.

3.
   Nothing in this Article shall affect:

(a)
   requirements by a court, administrative tribunal or competition authority to remedy a violation of competition laws;

(b)
   intellectual property rights and their enforcement; and

(c)
   the right of a Party to take any action or not disclose any information that it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.

ARTICLE 19.12

Open Internet Access

Each Party shall endeavour to ensure that, subject to applicable policies and laws and regulations, end-users in its territory are able to:

(a)
   access, distribute and use services and applications of their choice available on the Internet, subject to reasonable and non-discriminatory network management;

(b)
   connect devices of their choice to the Internet, provided that such devices do not harm the network; and

(c)
   have access to information on the network management practices of their Internet access service supplier.

  

ARTICLE 19.13

Cooperation

1.
   Recognising the global nature of digital trade, the Parties shall cooperate on regulatory matters and best practices through the existing sectoral dialogues, which shall, among others, address:

(a)
   the recognition and facilitation of interoperable cross-border electronic trust and authentication services;

(b)
   the treatment of direct marketing communications;

(c)
   the challenges for small and medium-sized enterprises in digital trade;

(d)
   the protection of consumers and the building of consumer trust in the ambit of electronic commerce;

(e)
   common cyber security issues; and

(f)
   any other matter relevant for the development of digital trade.

  

2.
   The cooperation on regulatory matters and best practises referred to in paragraph 1 shall focus on the exchange of information and views on the Parties' respective legislation on those as well as on the implementation of such legislation.

3
   The Parties affirm the importance of actively participating in multilateral fora to promote the development of digital trade.

ARTICLE 19.14

Review Clause on Data Flows

The Parties shall reassess within three years after the date of entry into force of this Agreement the need for inclusion of provisions on the free flow of data into this Agreement.

  

CHAPTER 20

CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS 
  
AND TEMPORARY SAFEGUARD MEASURES

ARTICLE 20.1

Current Account

Without prejudice to other provisions of this Agreement, each Party shall allow any transfers or payments with regard to transactions on the current account of the balance of payments between the Parties that fall within the scope of this Agreement, in freely convertible currency, and in accordance with the Articles of Agreement of the International Monetary Fund adopted in Bretton Woods, New Hampshire on 22 July 1944, as applicable.

ARTICLE 20.2

Capital Movements

Without prejudice to other provisions of this Agreement, each Party shall allow, with regard to transactions on the capital and financial account of balance of payments, the free movement of capital for the purpose of liberalisation of investments and other transactions, as provided for in Chapter 10 (Investment Liberalisation), Chapter 11 (Cross-Border Trade in Services), Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) and Chapter 18 (Financial Services).

ARTICLE 20.3

Application of Laws and Regulations Relating to 
  
Capital Movements, Payments or Transfers

1.
   Subparagraph 6(a) of Article 18.2 (Scope), as well as Articles 20.1 and 20.2 shall not preclude a Party from applying its laws and regulations relating to:

(a)
   bankruptcy, insolvency and the protection of the rights of creditors;

  

(b)
   issuing, trading or dealing in financial instruments;

(c)
   financial reporting or record keeping of capital movements, payments or transfers where necessary to assist law enforcement or financial regulatory authorities;

(d)
   criminal or penal offences, or deceptive or fraudulent practices;

(e)
   ensuring compliance with orders or judgments in adjudicatory proceedings; or

(f)
   social security, public retirement or compulsory savings schemes.

2.
   Those laws and regulations shall not be applied in an arbitrary or discriminatory manner, or in a manner which otherwise constitutes a disguised restriction on capital movements, payments or transfers.

  

ARTICLE 20.4

Temporary Safeguard Measures

1.
   In exceptional circumstances of serious difficulties for the operation of the European Union's economic and monetary union, or threat thereof, the European Union may adopt or maintain safeguard measures with regard to capital movements, payments or transfers. Those measures shall be limited to the extent that is strictly necessary to address such difficulties and shall be in force for a period not exceeding six months.

2.
   Measures imposed by the European Union pursuant to paragraph 1 shall not constitute a means of arbitrary or unjustifiable discrimination between Mexico and a third country. The European Union shall inform Mexico forthwith and present a schedule for the removal of such measures as soon as possible.

  

ARTICLE 20.5

Restrictions in Case of Balance of Payments, External Financing 
  
and Macroeconomic Difficulties

1.
   A Party may adopt or maintain restrictive measures with regard to capital movements, payments or transfers:
[11](#footnote11)

(a)
   in cases of serious balance-of-payments or external financial difficulties, or threat thereof;
[12](#footnote12)
 or

(b)
   in cases of exceptional circumstances in which payments or transfers relating to capital movements cause or threaten to cause serious macroeconomic difficulties related to monetary and exchange rate policies in Mexico or a Member State of the European Union.

2.
   The measures referred to in paragraph 1 shall:

(a)
   be consistent with the Articles of Agreement of the International Monetary Fund, as applicable;

  

(b)
   not exceed those necessary to deal with the situation described in paragraph 1;

(c)
   be temporary and be phased out progressively as the situation specified in paragraph 1 improves;

(d)
   avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(e)
   not treat the other Party less favourably than a third country in like situations; and

(f)
   not be used as a substitute for macroeconomic policies that are needed for warranted external adjustment.

3.
   In the case of trade in goods, a Party may adopt or maintain restrictive measures in order to safeguard its external financial position or balance of payments. Those measures shall be in accordance with Article XII of GATT 1994 and the Understanding on the Balance of Payments Provisions of the General Agreement on Tariffs and Trade 1994.

4.
   In the case of trade in services, a Party may adopt or maintain restrictive measures in order to safeguard its external financial position or balance of payments. Those measures shall be in accordance with Article XII of GATS.

  

5.
   A Party shall endeavour not to adopt or maintain measures that take the form of tariff surcharges, quotas, licenses or similar measures. The Party shall explain the rationale for using these restrictive measures when it notifies the other Party of the measures.

6.
   A Party adopting or maintaining measures referred to in paragraph 1 shall promptly notify them to the other Party.

7.
   If restrictive measures are adopted or maintained pursuant to Article 20.4 or this Article, the Parties shall promptly hold consultations in the Sub-Committee on Services and Investment unless consultations are held in other international fora to which both Parties are members. The consultations shall assess the balance-of-payments or external financial difficulties that led to the respective measures, taking into account factors such as:

(a)
   the nature and extent of the difficulties;

(b)
   the external economic and trading environment; and

(c)
   alternative corrective measures which may be available.

  

8.
   The consultations referred to in paragraph 7 shall address the compliance of any restrictive measures with Article 20.4 or paragraphs 1 and 2 of this Article. The Parties shall accept all relevant findings of statistical or factual nature presented by the International Monetary Fund ("IMF"), where available, and their conclusions shall take into account the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.

CHAPTER 21

PUBLIC PROCUREMENT

ARTICLE 21.1

Definitions

For the purposes of this Chapter:

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

(b)
   "construction services" means services that have as their objective the realisation by whatever means of civil or building works, based on Division 51 of the United Nations Provisional Central Product Classification (CPC);

  

(c)
   "covered procurement" means procurement for governmental purposes:

(i)
   of a good, a service, or any combination thereof:

(A)
   as specified for each Party in Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) respectively; and

(B)
   not procured with a view to commercial sale or resale, or for use in the production or supply of a good or a service for commercial sale or resale;

(ii)
   by any contractual means, including:

(A)
   purchase;

(B)
   lease; and

(C)
   rental or hire purchase, with or without an option to buy;

(iii)
   for which the value, as estimated in accordance with Article 21.2, equals or exceeds the relevant threshold specified for each Party in Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) respectively at the time of publication of a notice in accordance with Article 21.6;

  

(iv)
   by a procuring entity; and

(v)
   that is not otherwise excluded from coverage by Article 21.2.2 or by Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico);

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

(e)
   "in writing" or "written" means any worded or numbered expression that can be read, reproduced and later communicated and may include electronically transmitted and stored information;

(f)
   "limited tendering" means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice;

(g)
   "multi-use list" means a list of suppliers that a procuring entity has determined satisfy the conditions for participation in that list, and that the procuring entity intends to use more than once;

  

(h)
   "notice of intended procurement" means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender, or both;

(i)
   "offset" means any condition or undertaking that encourages local development or improves a Party's balance-of-payments accounts, such as the use of domestic content, the licensing of technology, investment, counter-trade and similar action or requirement;

(j)
   "open tendering" means a procurement method whereby all interested suppliers may submit a tender;

(k)
   "procuring entity" means an entity covered under Sections A, B and C of Annexes 21-A (Covered Procurement of the European Union) and 21-B (Covered Procurement of Mexico);

(l)
   "qualified supplier" means a supplier that a procuring entity recognises as having satisfied the conditions for participation;

(m)
   "selective tendering" means a procurement method whereby only qualified suppliers are invited by the procuring entity to submit a tender;

(n)
   "services" includes construction services, unless otherwise specified;

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

(p)
   "supplier" means a person or group of persons that provides or could provide goods or services; and

(q)
   "technical specification" means a tendering requirement that:

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

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

  

ARTICLE 21.2

Scope and Coverage

Application of the Chapter

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

2.
   Except as otherwise provided for in Annexes 21-A (Covered Procurement of the European Union) and 21-B (Covered Procurement of Mexico), this Chapter does not apply to:

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

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

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

  

(d)
   public employment contracts;

(e)
   procurement conducted:

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

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

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

3.
   The commitments of each Party on covered procurement are set out in the Annexes 21-A (Covered Procurement of the European Union) and 21-B (Covered Procurement of Mexico) in accordance with the following structure:

(a)
   in Section A, the central government entities whose procurement is covered by this Chapter;

(b)
   in Section B, the sub-central government entities whose procurement is covered by this Chapter including, with regard to Mexico, other entities at sub-central level;

  

(c)
   in Section C, all other entities whose procurement is covered by this Chapter;

(d)
   in Section D, the goods covered by this Chapter;

(e)
   in Section E, the services, other than construction services, covered by this Chapter;

(f)
   in Section F, the construction services covered by this Chapter;

(g)
   in Section G, the public private partnership or works concessions covered by this Chapter;

(h)
   in Section H, any general notes and derogations; and

(i)
   in Section I, the media in which the Party publishes its procurement notices, award notices, and other information related to its public procurement system.

4.
   If the law of a Party allows a covered procurement to be carried out on behalf of the procuring entity by other entities or persons whose procurement is not covered with respect to the goods and services concerned, this Chapter shall also apply.

  

Valuation

5.
   In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:

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

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

(i)
   premiums, fees, commissions and interest; and

(ii)
   if the procurement provides for the possibility of options, the total value of such options.

  

6.
   If an individual requirement for a procurement results in the award of more than one contract or in the award of contracts in separate parts, (hereinafter referred to as "recurring contracts" the calculation of the estimated maximum total value shall be based on:

(a)
   the value of recurring contracts of the same type of good or service awarded during the preceding 12 months or the procuring entity's preceding fiscal year, adjusted, if possible, to take into account anticipated changes in the quantity or value of the good or service being procured over the following 12 months; or

(b)
   the estimated value of recurring contracts of the same type of good or service to be awarded during the 12 months following the initial contract award or the procuring entity's fiscal year.

7.
   In the case of procurement by lease, rental or hire purchase of goods or services, or procurement for which a total price is not specified, the basis for valuation shall be:

(a)
   in the case of a fixed-term contract:

(i)
   if the term of the contract is 12 months or less, the total estimated maximum value for its duration; or

(ii)
   if the term of the contract exceeds 12 months, the total estimated maximum value, including any estimated residual value;

  

(b)
   if the contract is for an indefinite period, the estimated monthly instalment multiplied by 48; and

(c)
   if it is not certain whether the contract is to be a fixed-term contract, subparagraph (b) applies.

ARTICLE 21.3

Security and General Exceptions

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

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

(a)
   necessary to protect public morals, order or safety;

(b)
   necessary to protect human, animal or plant life or health;

(c)
   necessary to protect intellectual property; or

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

ARTICLE 21.4

General Principles

Non-Discrimination

1.
   Notwithstanding the scope of application in Article 21.2, an enterprise of a Party that is legally established through the constitution, acquisition or maintenance of a commercial presence in the territory of the other Party may participate in government procurement of that other Party under the same conditions as the enterprises of that other Party as provided for under the law of that other Party.

  

2.
   With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party offering such goods or services, treatment no less favourable than the treatment the Party, including its procuring entities, accords to its own goods, services and suppliers.

3.
   With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall not:

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

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

Use of Electronic Means

4.
   When conducting covered procurement by electronic means, a procuring entity shall:

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

  

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

(c)
   use electronic means of information and communication for the publication of notices and tender documentation in procurement procedures and, to the widest extent practicable, for the submission of tenders.

Conduct of Procurement

5.
   A procuring entity shall conduct covered procurement in a transparent and impartial manner that:

(a)
   is consistent with this Chapter, using one of the following methods: open tendering, selective tendering or limited tendering;

(b)
   prevents conflicts of interest and corrupt practices, in accordance with the law of the Party concerned.

Anti-corruption measures

6.
   Each Party shall ensure that it has appropriate measures in place to prevent corruption in its government procurement. Those measures shall include procedures to render ineligible for participation in the procurements of a Party, either indefinitely or for a stated period of time, suppliers that the judicial authorities of that Party have determined by final decision to have engaged in fraudulent or other illegal actions in relation to government procurement in the territory of that Party. Each Party shall also ensure that they have in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over a procurement.

Rules of Origin

7.
   A Party shall not apply rules of origin to goods imported or services supplied from the other Party for purposes of government procurement covered by this Chapter that are different from the rules of origin which that Party applies in the normal course of trade to imports or supplies of the same goods or services.

Denial of Benefits

8.
   A Party may deny the benefits of this Chapter to a service supplier of the other Party, subject to prior notification and consultation, where the Party establishes that the service is being provided by an enterprise that has no substantial business activities in the territory of either Party.

Offsets

9.
   With regard to covered procurement, a Party, including its procuring entities, shall not seek, take account of, impose or enforce any offset.

Measures Not Specific to Procurement

10.
   Paragraphs 2 and 3 do not apply to:

(a)
   customs duties and charges of any kind imposed on, or in connection with, importation;

(b)
   the method of levying such duties and charges; and

(c)
   other import regulations or formalities and measures affecting trade in services other than measures governing covered procurement.

  

ARTICLE 21.5

Information on the Procurement System

1.
   Each Party shall:

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

(b)
   provide an explanation thereof to the other Party, on request.

2.
   Each Party shall list in Section I of Annex 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico), respectively:

(a)
   the electronic or paper media in which the Party publishes the information described in paragraph 1(a);

(b)
   the electronic or paper media in which the Party publishes the notices required by Articles 21.6, 21.8.9 and 21.15.2; and

  

(c)
   the website address or addresses where the Party publishes:

(i)
   its procurement statistics referred to in Article 21.15.4; or

(ii)
   its notices concerning awarded contracts pursuant to Article 21.15.6.

3.
   Each Party shall promptly notify the Sub-Committee on Public Procurement of any modification to its information listed in Section I of Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico).

ARTICLE 21.6

Notices

Notice of Intended Procurement

1.
   For each covered procurement, a procuring entity shall publish a notice of intended procurement, except in the circumstances described in Article 21.12.

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

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

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

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

(d)
   a description of any options;

(e)
   the timeframe for delivery of goods or services or the duration of the contract;

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

(g)
   if applicable, the address and any final date for the submission of requests for participation in the procurement;

  

(h)
   the address and the final date for the submission of tenders;

(i)
   the language or languages in which tenders or requests for participation may be submitted, if they may be submitted in a language other than an official language of the Party of the procuring entity;

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

(k)
   if, pursuant to Article 21.8, a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, if applicable, any limitation on the number of suppliers that will be permitted to tender; and

(l)
   an indication that the procurement is covered by this Chapter.

Summary Notice

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

The summary notice shall contain at least the following information:

(a)
   the subject matter of the procurement;

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

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

Notice of Planned Procurement

4.
   Procuring entities are encouraged to publish as early as possible in each fiscal year a notice regarding their future procurement plans (hereinafter referred to as "notice of planned procurement"). The notice of planned procurement should include the subject matter of the procurement and the approximate date of the publication of the notice of intended procurement or the approximate period in which the procurement may be held.

  

5.
   A procuring entity covered under Sections B or C of Annex 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) may use a notice of planned procurement as a notice of intended procurement provided that the notice of planned procurement includes as much of the information referred to in paragraph 2 as is available to the procuring entity and a statement that interested suppliers should express their interest in the procurement to the procuring entity.

General Rules on Notices

6.
   All notices of intended procurement, summary notice and notice of planned procurement shall be directly accessible by electronic means free of charge through an online single point of access. In addition, the notices may also be published in an appropriate paper medium which is widely disseminated and shall remain readily accessible to the public, at least until expiration of the time period indicated in the notice.

ARTICLE 21.7

Conditions for Participation

1.
   A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement.

  

2.
   In establishing the conditions for participation, a procuring entity:

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

(b)
   may require relevant prior experience if essential to meet the requirements of the procurement; and

(c)
   shall not require prior experience in the territory of the Party to be a condition of the procurement.

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

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

(b)
   shall base its evaluation on the conditions that it has specified in advance in notices or tender documentation.

  

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

(a)
   bankruptcy;

(b)
   false declarations;

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

(d)
   final judgments in respect of serious crimes or other serious offences under the law of that Party;

(e)
   professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or

(f)
   failure to pay taxes.

  

ARTICLE 21.8

Qualification of Suppliers

Registration Systems and Qualification Procedures

1.
   A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information. In this case, the Party shall ensure that interested suppliers have full access to information on the registration system by electronic means and that they may request registration at any time during its validity. The competent authority shall inform them within a reasonable period of time of the decision to grant or reject this request. If the request is rejected, the decision shall be duly motivated.

2.
   Each Party shall ensure that:

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

(b)
   if its procuring entities maintain registration systems, the entities make efforts to minimise differences in their registration systems.

3.
   A Party, including its procuring entities, shall not adopt or apply a registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement.

Selective Tendering

4.
   If a procuring entity intends to use selective tendering, the entity shall:

(a)
   include in the notice of intended procurement at least the information specified in Article 21.6.2 (a), (b), (f), (g), (j), (k) and (l) and invite suppliers to submit a request for participation; and

(b)
   provide, by the commencement of the time period for tendering, at least the information in Article 21.6.2(c), (d), (e), (h) and (i) to the qualified suppliers that it notifies as specified in Article 21.10.3(b).

5.
   A procuring entity shall allow all qualified suppliers to participate in a particular procurement, unless the procuring entity states in the notice of intended procurement any limitation on the number of suppliers permitted to tender and the criteria for selecting the limited number of suppliers. An invitation to submit a tender shall be addressed to a number of suppliers necessary to ensure effective competition.

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

Multi-Use Lists

7.
   A procuring entity may maintain a multi-use list provided that a notice inviting interested suppliers to apply for inclusion on the list is published annually in the appropriate medium listed in Section I of Annexes 21-A (Covered Procurement of the European Union) and 21‑B (Covered Procurement of Mexico) and, if published by electronic means, made available continuously.

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

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

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

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

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

(e)
   an indication that the list may be used for procurement covered by this Chapter.

  

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

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

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

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

11.
   If a supplier that is not included on a multi-use list submits a request for participation in a procurement based on a multi-use list and all required documents, within the time period provided for in Article 21.10.2, a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement on the grounds that the procuring entity does not have sufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the procuring entity is not able to complete the examination of the request within the time period allowed for the submission of tenders.

  

Other Entities of Sections B and C of Annexes 21-A (Covered Procurement of the European Union) and 21-B (Covered Procurement of Mexico).

12.
   A procuring entity of a Party covered under Sections B or C of Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) may use a notice inviting suppliers to apply for inclusion on a multi-use list as a notice of intended procurement, provided that:

(a)
   the notice is published in accordance with paragraph 7 and includes the information required under paragraph 8, as much of the information required in Article 21.6.2 as is available, and a statement that it constitutes a notice of intended procurement or that only the suppliers on the multi-use list will receive further notices of procurement covered by the multi-use list; and

(b)
   the procuring entity promptly provides to suppliers that have expressed an interest in a given procurement, sufficient information to permit them to assess their interest in the procurement, including all remaining information required in Article 21.6.2, to the extent such information is available.

13.
   A procuring entity covered under Sections B or C of the Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) may allow a supplier that has applied for inclusion on a multi-use list in accordance with paragraph 10 to tender in a given procurement, if there is sufficient time for the procuring entity to examine whether the supplier satisfies the conditions for participation.

Information on Procuring Entity Decisions

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

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

ARTICLE 21.9

Technical Specifications and Tender Documentation

Technical Specifications

1.
   A procuring entity shall not prepare, adopt or apply any technical specification or prescribe any conformity assessment procedure with the purpose or the effect of creating unnecessary obstacles to trade between the Parties.

  

2.
   In prescribing the technical specifications for the goods or services being procured, a procuring entity shall, if appropriate:

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

(b)
   base the technical specification on international standards, if those standards exist, or otherwise on national technical regulations, recognised national standards or building codes.

3.
   If design or descriptive characteristics are used in the technical specifications, a procuring entity should indicate, if appropriate, that it will consider tenders of equivalent goods or services that demonstrably fulfil the requirements of the procurement by including words such as "or equivalent" in the tender documentation.

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

  

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

6.
   A Party may allow its procuring entities to take into account environmental and social considerations, provided they are non-discriminatory and they are linked to the subject matter of the contract.

7.
   For greater certainty, a Party, including its procuring entities, may, in accordance with this Article, prepare, adopt or apply technical specifications to promote the conservation of natural resources or protect the environment.

Tender Documentation

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

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

  

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

(c)
   all evaluation criteria the procuring entity will apply in the awarding of the contract and, unless price is the sole criterion, the relative importance of those criteria;

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

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

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

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

(h)
   any dates for the delivery of goods or the supply of services.

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

10.
   The evaluation criteria set out in the notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics and terms of delivery.

11.
   A procuring entity shall promptly:

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

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

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

Modifications

12.
   If procuring entity, prior to the award of a contract, modifies the criteria or requirements set out in the notice of intended procurement or tender documentation provided to participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications or amended or re-issued notice or tender documentation:

(a)
   to all suppliers that are participating at the time of the modification, amendment or re‑issuance, if those suppliers are known to the procuring entity, and in all other cases, in the same manner as the original information was made available; and

(b)
   in adequate time to allow those suppliers to modify and re-submit amended tenders, as appropriate.

ARTICLE 21.10

Time Periods

1.
   A procuring entity shall, in accordance with its own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account such factors as:

(a)
   the nature and complexity of the procurement;

  

(b)
   the extent of subcontracting anticipated; and

(c)
   the time necessary for transmitting tenders by non-electronic means from points located in the other Party or in the territory of the procuring entity, if electronic means are not used.

The time periods, including any extension thereof, shall be the same for all interested or participating suppliers.

2.
   A procuring entity that uses selective tendering shall establish that the final date for the submission of requests for participation shall not, in principle, be less than 25 days from the date of publication of the notice of intended procurement. If a state of urgency duly substantiated by the procuring entity renders this time period impracticable, the time-period may be reduced to not less than 10 days.

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

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

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

  

4.
   A procuring entity may reduce the time -period for tendering established in accordance with paragraph 3 to not less than 10 days if:

(a)
   the procuring entity has published a notice of planned procurement as described in Article 21.6.4 at least 40 days and not more than 12 months in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains:

(i)
   a description of the procurement;

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

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

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

(v)
   as much of the information that is required for the notice of intended procurement under Article 21.6.2, as is available;

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

  

(c)
   a state of urgency duly substantiated by the procuring entity renders the time period for tendering established in accordance with paragraph 3 impracticable.

5.
   A procuring entity may reduce the time period for tendering established in accordance with paragraph 3 by five days for each one of the following circumstances:

(a)
   the notice of intended procurement is published by electronic means;

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

(c)
   the procuring entity accepts tenders by electronic means.

6.
   The use of paragraph 5, in conjunction with paragraph 4, shall in no case result in the reduction of the time period for tendering established in accordance with paragraph 3 to less than 10 days from the date on which the notice of intended procurement is published.

7.
   Notwithstanding any other provision of this Article, if a procuring entity purchases commercial goods or services, or any combination thereof, it may reduce the time period for tendering established in accordance with paragraph 3 to not less than 13 days, provided that it publishes by electronic means, at the same time, both the notice of intended procurement and the tender documentation. In addition, if the procuring entity accepts tenders for commercial goods or services by electronic means, it may reduce the time period established in accordance with paragraph 3 to not less than 10 days.

  

8.
   If a procuring entity covered under Section B or C of Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) has selected all or a limited number of qualified suppliers, the time period for tendering may be determined by mutual agreement between the procuring entity and the selected suppliers. In the absence of agreement, the time period shall not be less than 10 days.

ARTICLE 21.11

Negotiation

1.
   A Party may provide for its procuring entities to conduct negotiations with suppliers if:

(a)
   the procuring entity has indicated its intent to conduct negotiations in the notice of intended procurement required pursuant to Article 21.6.2; or

(b)
   it appears from the evaluation that no tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or tender documentation.

  

2.
   A procuring entity shall:

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

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

ARTICLE 21.12

Limited Tendering

1.
   Provided it is not used for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and choose not to apply Articles 21.6 to 21.8, 21.9.8 to 21.9.12 and Articles 21.10, 21.11, 21.13 and 21.14 under any of the following circumstances:

(a)
   provided that the requirements of the tender documentation are not substantially modified in the case:

(i)
   no tenders were submitted or no suppliers requested participation;

  

(ii)
   no tenders that conform to the essential requirements of the tender documentation were submitted;

(iii)
   no suppliers satisfied the conditions for participation; or

(iv)
   the tenders submitted have been collusive;

(b)
   the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

(i)
   the tendering is for a work of art;

(ii)
   the protection of patents, copyrights or other exclusive rights; or

(iii)
   an absence of competition for technical reasons;

(c)
   for additional deliveries by the original supplier of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services:

(i)
   cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement; and

(ii)
   would cause significant inconvenience or substantial duplication of costs for the procuring entity;

(d)
   insofar as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering;

(e)
   for goods purchased on a commodity market;

(f)
   if a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development;

original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;

  

(g)
   for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership or bankruptcy, but not for routine purchases from regular suppliers; or

(h)
   if a contract is awarded to a winner of a design contest provided that:

(i)
   the contest has been organised in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a notice of intended procurement; and

(ii)
   the participants are judged by an independent jury with a view to a design contract being awarded to a winner.

2.
   A procuring entity shall prepare a report in writing on each contract awarded under paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods or services procured and a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering.

ARTICLE 21.13

Electronic Auctions

If a procuring entity intends to conduct a covered procurement using an electronic auction it shall provide, before commencing the electronic auction, each participant with:

(a)
   the automatic evaluation method, including the mathematical formula, that is based on the evaluation criteria set out in the tender documentation and that will be used in the automatic ranking or re-ranking during the auction;

(b)
   the results of any initial evaluation of the elements of its tender if the contract is to be awarded on the basis of the most advantageous tender; and

(c)
   any other relevant information relating to the conduct of the auction.

  

ARTICLE 21.14

Treatment of Tenders and Awarding of Contracts

Treatment of Tenders

1.
   A procuring entity shall receive, open and treat all tenders under procedures that guarantee the fairness and impartiality of the procurement process, and the confidentiality of tenders.

2.
   If a procuring entity provides a supplier with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract, the procuring entity shall provide the same opportunity to all participating suppliers.

Awarding of Contracts

3.
   To be considered for an award, a tender shall be submitted in writing and shall, at the time of opening, comply with the essential requirements set out in the notices and tender documentation and be from a supplier that satisfies the conditions for participation.

  

4.
   Unless a procuring entity determines that it is not in the public interest to award a contract, it shall award the contract to the supplier that the procuring entity has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted:

(a)
   the most advantageous tender; or

(b)
   if price is the sole criterion, the lowest price.

5.
   If a procuring entity receives a tender with a price that is abnormally lower than the prices in other tenders submitted, it may verify with the supplier that the supplier satisfies the conditions for participation and is capable of fulfilling the terms of the contract.

6.
   A procuring entity shall not use options, cancel a procurement or modify awarded contracts in a manner that circumvents the obligations under this Chapter.

7.
   Each Party may provide, as a general rule, for a standstill period between the award and the conclusion of a contract in order to give sufficient time to unsuccessful bidders to review and challenge the award decision.

ARTICLE 21.15

Transparency of Procurement Information

Information Provided to Suppliers

1.
   A procuring entity shall promptly inform participating suppliers of its contract award decisions and, on the request of a supplier, shall do so in writing. Subject to Articles 21.16.2 and 21.16.3, a procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the procuring entity did not select its tender and the relative advantages of the successful supplier's tender.

Publication of Award Information

2.
   A procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Section I of the Annex 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) no later than 72 days after the award of each contract covered by this Chapter. If the procuring entity publishes the notice only in an electronic medium, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:

(a)
   a description of the goods or services procured;

  

(b)
   the name and address of the procuring entity;

(c)
   the name and address of the successful supplier;

(d)
   the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;

(e)
   the date of award; and

(f)
   the type of procurement method used, and in cases where limited tendering was used in accordance with Article 21.12, a description of the circumstances justifying the use of limited tendering.

Maintenance of Documentation, Reports and Electronic Traceability

3.
   A procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:

(a)
   the documentation and reports of tendering procedures and contract awards relating to covered procurement, including the reports required under Article 21.12; and

(b)
   data that ensure the appropriate traceability of the conduct of covered procurement by electronic means.

Exchange of Statistics

4.
   Each Party shall collect and exchange on an annual basis statistics on its procurements covered by this Chapter.
[13](#footnote13)
 Those statistical reports shall contain, with respect to contracts awarded by all procuring entities of the Party concerned covered under this Chapter statistics on the estimated value of contracts awarded for covered procurement on a global basis and broken down by categories of procuring entities.

5.
   To the extent that such information is available, each Party shall provide statistics on the country of origin of products and services purchased by its procuring entities. With a view to ensuring that such statistics are comparable, the Sub-Committee on Public Procurement established pursuant to Article 21.19 shall provide guidance on the methods to be used. With a view to ensuring effective monitoring of procurements covered by this Chapter, the Trade Council may decide to modify the requirements set out in paragraph 4.

6.
   If a Party requires notices concerning awarded contracts to be published electronically, pursuant to paragraph 2, and if such notices are accessible to the public through a single database in a form permitting analysis of the awarded contracts, the Party may, instead of reporting to the Sub-Committee on Public Procurement, provide a link to the website, together with any instructions necessary to access and use such data.

  

ARTICLE 21.16

Disclosure of information

Provision of Information to Parties

1.
   On request of the other Party, a Party shall provide promptly any information necessary to determine whether a covered procurement was conducted fairly, impartially and in accordance with this Chapter, including information on the characteristics and relative advantages of the successful tender. The Party that receives the information shall not disclose that information to any supplier if this would prejudice competition in future tenders, except after obtaining the consent of the Party that provided the information.

Non-Disclosure of Information

2.
   Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, shall not provide to any particular supplier information that might prejudice fair competition between suppliers.

3.
   Nothing in this Chapter shall be construed as requiring a Party, including its procuring entities, authorities and review bodies, to disclose confidential information if such disclosure:

(a)
   would impede law enforcement;

  

(b)
   might prejudice fair competition between suppliers;

(c)
   would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; or

(d)
   would otherwise be contrary to the public interest.

ARTICLE 21.17

Domestic Review Procedures

1.
   Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure through which, in the context of a covered procurement in which the supplier has, or has had, an interest, a supplier may challenge:

(a)
   a breach of this Chapter; or

(b)
   if the supplier does not have a right to challenge directly a breach of this Chapter under the law of a Party, a failure to comply with a Party's measures implementing this Chapter.

The procedural rules for all challenges shall be in writing and made generally available.

  

2.
   In case of a complaint by a supplier, arising in the context of covered procurement in which the supplier has, or has had, an interest, that there has been a breach or a failure as referred to in paragraph 1, the Party of the procuring entity conducting the covered procurement shall encourage the procuring entity and the supplier to seek resolution of the complaint through consultations. The procuring entity shall accord impartial and timely consideration to any such complaint in a manner that is not prejudicial to the supplier's participation in ongoing or future procurement or its right to seek corrective measures under the administrative or judicial review procedure.

3.
   Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case shall be less than 10 days from the time when the basis of the challenge became known or reasonably should have become known to the supplier.

4.
   Each Party shall establish or designate at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review a challenge by a supplier arising in the context of a covered procurement.

5.
   If a body other than an authority referred to in paragraph 4 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or judicial authority that is independent of the procuring entity whose procurement is the subject of the challenge.

  

6.
   Each Party shall ensure that a review body that is not a court shall have its decision subject to judicial review or have procedures that provide that:

(a)
   the procuring entity shall respond in writing to the challenge and disclose all relevant documents to the review body;

(b)
   the participants to the proceedings (hereinafter referred to as "participants") shall have the right to be heard prior to a decision of the review body being made on the challenge;

(c)
   the participants shall have the right to be represented and accompanied;

(d)
   the participants shall have access to all proceedings;

(e)
   the participants shall have the right to request that the proceedings take place in public and that witnesses may be presented; and

(f)
   the review body shall make its decisions or recommendations in a timely fashion, in writing, and shall include an explanation of the basis for each decision or recommendation.

7.
   Each Party shall adopt or maintain procedures that provide for rapid interim measures to preserve the supplier's opportunity to participate in the procurement. Those interim measures may result in suspension of the procurement process. The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. Any justification for not acting shall be provided in writing.

8.
   Each Party shall adopt or maintain procedures that provide for corrective action or compensation for the loss or damages suffered if a review body has determined that there has been a breach or a failure as referred to in paragraph 1. The compensation for the loss or damages suffered may be limited to either the costs for the preparation of the tender or the costs relating to the challenge, or both.

ARTICLE 21.18

Modifications and Rectifications to Coverage

1.
   The European Union may modify or rectify Annex 21-A (Covered Procurement of the European Union) and Mexico may modify or rectify Annex 21-B (Covered Procurement of Mexico).

  

Modifications

2.
   If a Party intends to modify Annex 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) respectively, that Party shall:

(a)
   notify the other Party in writing; and

(b)
   include in the notification a proposal for appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification.

3.
   Notwithstanding subparagraph 2(b), a Party does not need to provide compensatory adjustments if the modification covers a procuring entity over which the Party has effectively eliminated its control or influence. Government control or influence over the covered procurement of procuring entities covered under Section C of Annexes 21-A (Covered Procurement of the European Union), or under Sub-list 2 of each State of Section B or Section C of Annex 21-B (Covered Procurement of Mexico) is presumed to be effectively eliminated if the procuring entity is exposed to competition on markets to which access is not restricted.

4.
   The other Party may object to the proposed modification, notified pursuant to paragraph 2, if it disputes that:

(a)
   an adjustment proposed in accordance with subparagraph 2(b) is adequate to maintain a comparable level to the existing coverage provided for in this Chapter;

  

(b)
   the modification covers a procuring entity over which the Party has effectively eliminated its control or influence in accordance with paragraph 3.

The objection shall be made in writing within 45 days of receipt of the notification referred to in subparagraph 2(a) or that Party shall be deemed to have accepted the adjustment or modification, including for the purposes of Chapter 31 (Dispute Settlement).

Rectifications

5.
   The following changes to Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) shall be considered a rectification of a purely formal nature, provided that they do not affect the existing coverage provided for in this Chapter:

(a)
   a change in the name of a procuring entity;

(b)
   a merger of two or more entities covered under Section A to C of Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico); and

(c)
   the separation of an entity covered under Section A to C of Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico) into two or more entities that are all added to the procuring entities covered under the same Section of Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico).

  

6.
   Each Party shall notify the other Party every three years following the entry into force of this Agreement of proposed rectifications to Annexes 21-A (Covered Procurement of the European Union) or 21-B (Covered Procurement of Mexico).

7.
   A Party may notify the other Party of an objection to a proposed rectification within 45 days from having received the notification. If a Party submits an objection, it shall explain why it considers the proposed rectification is not a change provided for in paragraph 5, and describe the effect of the proposed rectification on the coverage provided for in this Chapter. If no objection is submitted in writing within 45 days after the date of receipt of the notification, the other Party shall be deemed to have accepted the proposed rectification.

Consultations and Dispute resolution.

8.
   If the other Party objects to the proposed modification or rectification, the Parties shall seek to resolve the issue through consultations. If no agreement is found within 60 days after the date of receipt of the objection, the Party seeking to modify or rectify Annex 21-A (Covered Procurement of the European Union) or Annex 21-B (Covered Procurement of Mexico) may refer the matter to dispute settlement under Chapter 31 (Dispute Settlement). The proposed modification or rectification shall take effect only when both Parties have agreed or if so provided for in the ruling of a panel in a final report in accordance with Article 31.14 (Final Report).

  

ARTICLE 21.19

Sub-Committee on Public Procurement

The Sub-Committee on Public Procurement established pursuant to Article 33.4.1(j) (Sub‑Committees and other Bodies) shall address matters related to the implementation and operation of this Chapter, such as:

(a)
   the modification of Annexes 21-A (Covered Procurement of the European Union) and 21‑B (Covered Procurement of Mexico);

(b)
   the preparation for the Trade Council of the decisions modifying Annexes 21-A (Covered Procurement of the European Union) and 21-B (Covered Procurement of Mexico);

(c)
   matters regarding government procurement related to this Chapter that are referred to it by a Party; and

(d)
   any other matter related to the operation of this Chapter.

  

CHAPTER 22

STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR 
  
PRIVILEGES AND DESIGNATED MONOPOLIES

ARTICLE 22.1

Definitions

For the purposes of this Chapter:

(a)
   "Arrangement" means the Arrangement on Officially Supported Export Credits, developed within the framework of the OECD or a successor undertaking, whether developed within or outside of the OECD framework, that has been adopted by at least 12 original WTO Members that were Participants to the Arrangement as of 1 January 1979;

(b)
   "commercial activities" means activities the end result of which is the production of a good or supply of a service, which will be sold in the relevant market in quantities and at prices determined by an enterprise through the conditions of supply and demand, and are undertaken with an orientation towards profit-making
[14](#footnote14)
;

  

(c)
   "commercial considerations" means price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale; or other factors that would normally be taken into account in the commercial decisions of a private enterprise operating according to market economy principles in the relevant business or industry;

(d)
   "designate" means to establish or authorise a monopoly, or to expand the scope of a monopoly to cover an additional good or service;

(e)
   "designated monopoly" means an entity, public or private, including a consortium or a government agency, that in any relevant market in the territory of a Party is designated as the sole supplier or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of the grant;
[15](#footnote15)

(f)
   "enterprise granted special rights or privileges" means an enterprise, public or private, including a subsidiary, to which a Party has granted special rights or privileges, in law or in fact; special rights or privileges arise if a Party designates, or limits the number of, enterprises authorised to supply a good or a service according to criteria that are not objective, proportional and non-discriminatory, thereby substantially affecting the ability of any other enterprise to supply the same good or service in the same geographical area under substantially equivalent conditions;

  

(g)
   "financial institution" and "financial service", have the same meaning as in Article 18.1 (Definitions);

(h)
   "service supplied in the exercise of governmental authority" means a service supplied in the exercise of governmental authority as defined in GATS and, if applicable, the Annex on Financial Services to GATS;
[16](#footnote16)

(i)
   "state-owned enterprise" means an enterprise owned or controlled by a Party
[17](#footnote17)
.

ARTICLE 22.2

Delegated Authority

Unless otherwise specified in this Agreement, each Party shall ensure that any person, including a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly that has been delegated regulatory, administrative or other governmental authority by a Party, acts in accordance with the Party's obligations as set out under this Agreement in the exercise of that authority.

ARTICLE 22.3

Scope

1.
   This Chapter applies to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies engaged in commercial activities. If a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly combines commercial and non-commercial activities
[18](#footnote18)
, only the commercial activities are covered by this Chapter.

2.
   This Chapter does not apply to:

(a)
   state-owned enterprises, enterprises granted special rights or privileges and designated monopolies when acting as procuring entities conducting covered procurement as defined in Article 21.1(c) (Definitions);

(b)
   any service supplied in the exercise of governmental authority;

  

(c)
   activities carried out by:

(i)
   a financial institution or other legal entity, owned or controlled by a Party, that is established or operated temporarily and solely for resolution purposes
[19](#footnote19)
;

(ii)
   a public entity, including a public trust that, pursuant solely to a public service mandate which aims to contribute to the balanced and steady development of the Party concerned, supplies financial services for the account or with the guarantee or using the financial resources of that Party; and

(iii)
   a public entity pursuant to a public service mandate relating to a statutory system of social security or public retirement plans; and

(d)
   state-owned enterprises, enterprises granted special rights or privileges and designated monopolies if, at the time the determination of the amount of the threshold is made, in any one of the three previous consecutive fiscal years the annual revenue derived from its commercial activities was less than 200 million special drawing rights.

  

3.
   Article 22.6 does not apply to the supply of financial services by a state-owned enterprise, enterprise granted special rights or privileges and designated monopoly pursuant to a government mandate, if that supply of financial services:

(a)
   supports exports or imports, provided that those services are:

(i)
   not intended to displace commercial financing; or

(ii)
   offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market
[20](#footnote20)
;

(b)
   supports private investment outside the territory of the Party, provided that those services are:

(i)
   not intended to displace commercial financing; or

(ii)
   offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market; or

  

(c)
   is offered on terms consistent with the Arrangement, provided that it falls within the scope of the Arrangement.

4.
   Article 22.6 does not apply to the sectors set out in subparagraphs 2(c) to (e) of Article 10.5 (Scope).

5.
   Article 22.6 does not apply to the extent that a Party's state-owned enterprises, enterprises granted special rights or privileges and designated monopolies make purchases and sales of goods or services pursuant to:

(a)
   any existing non-conforming measure that the Party maintains, continues, renews or amends in accordance with Articles 10.12 (Non-Conforming Measures and Exceptions), 11.8 (Non‑Conforming Measures and Exceptions) or Article 18.12 (Reservations and Non‑Conforming Measures) as set out in Annex I (Existing Measures), and Section B of Annex VI (Financial Services); or

(b)
   any non-conforming measure that the Party adopts or maintains with respect to sectors, subsectors, or activities in accordance with Articles 10.12 (Non-Conforming Measures and Exceptions), 11.8 (Non-Conforming Measures and Exceptions) or 18.12 (Reservations and Non-Conforming Measures) as set out in Annex II (Future Measures), and Section B (Future Measures) of Annex VI (Financial Services).

  

6.
   The Parties share the understanding that a measure adopted or maintained under Annex 22‑A (Non-Conforming Activities of Mexico), or excluded from the scope of this Chapter, may be maintained, provided that such measure, to the extent that it falls within the scope of the WTO Agreement, is applied in accordance with the rights and obligations of the Party taking such measure under the WTO Agreement.
[21](#footnote21)

ARTICLE 22.4

Non-Conforming Activities

Article 22.6 does not apply with respect to the non-conforming activities of state-owned enterprises or designated monopolies listed in Annex 22-A (Non-Conforming Activities of Mexico) in accordance with the terms of that Annex.

  

ARTICLE 22.5

General Provisions

1.
   Without prejudice to the rights and obligations of each Party under this Chapter, nothing in this Chapter shall be construed as preventing a Party from establishing or maintaining a state-owned enterprise, granting an enterprise special rights or privileges or designating or maintaining a monopoly.

2.
   A Party shall not require or encourage a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly to act in a manner inconsistent with this Chapter.

ARTICLE 22.6

Non-Discriminatory Treatment and Commercial Considerations

1.
   Each Party shall ensure that each of its state-owned enterprises, enterprises granted special rights or privileges and designated monopolies, when engaging in commercial activities:

(a)
   acts in accordance with commercial considerations in its purchase or sale of a good or a service, except to fulfil the terms of a public service mandate that is not inconsistent with subparagraphs (b) or (c);

  

(b)
   in its purchase of a good or service:

(i)
   accords to a good or service supplied by an enterprise of the other Party treatment no less favourable than it accords to a like good or a like service supplied by enterprises of the Party; and

(ii)
   accords to a good or service supplied by an enterprise that is a covered enterprise within the meaning of Article 10.1.1(a) (Definitions) in the Party's territory treatment no less favourable than it accords to a like good or a like service supplied by enterprises of the Party in the relevant market in the Party's territory; and

(c)
   in its sale of a good or service:

(i)
   accords to an enterprise of the other Party treatment no less favourable than it accords to enterprises of the Party; and

(ii)
   accords to an enterprise that is a covered enterprise within the meaning of Article 10.1.1(a) (Definitions) in the Party's territory treatment no less favourable than it accords to enterprises of the Party in the relevant market in the Party's territory.
[22](#footnote22)

  

2.
   Provided that such different terms or conditions or refusal are in accordance with commercial considerations, paragraph 1 does not preclude state-owned enterprises, enterprises granted special rights or privileges or designated monopolies from:

(a)
   purchasing or supplying goods or services on different terms or conditions, including those relating to price; or

(b)
   refusing to purchase or supply goods or services.

ARTICLE 22.7

Regulatory Framework

1.
   The Parties shall endeavour to respect and make best use of relevant international standards, including the OECD Guidelines on Corporate Governance of State-Owned Enterprises.

  

2.
   Each Party shall ensure that any regulatory body or competent authority exercising a regulatory function that the Party establishes or maintains:

(a)
   is independent from and not accountable to any of the enterprises that that regulatory body or competent authority regulates in order to ensure the effectiveness of the regulatory function; and

(b)
   acts impartially
[23](#footnote23)
 in like circumstances with respect to all enterprises that that regulatory body or competent authority regulates, including state-owned enterprises, enterprises granted special rights or privileges and designated monopolies.
[24](#footnote24)

3.
   Each Party shall ensure the enforcement of laws and regulations in a consistent and non-discriminatory manner, including with respect to state-owned enterprises, enterprises granted special rights or privileges and designated monopolies.

  

ARTICLE 22.8

Transparency

1.
   A Party shall, on written request of the other Party, promptly provide the following information concerning a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly, provided that the request includes an explanation of how the activities of that state-owned enterprise, enterprise granted special rights or privileges or designated monopoly may be affecting the requesting Party's interests under this Chapter:

(a)
   the percentage of shares that the requested Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies cumulatively own, and the percentage of voting rights that they cumulatively hold, in the state-owned enterprise, enterprise granted special rights or privileges or designated monopoly;

(b)
   a description of any special shares or special voting or other rights that the requested Party, its state-owned enterprises, enterprises granted special rights or privileges or designated monopolies hold, to the extent that those rights are different from the rights attached to the general common shares of such state-owned enterprise, enterprise granted special rights or privileges or designated monopoly;

  

(c)
   the organisational structure of the state-owned enterprise, enterprise granted special rights or privileges or designated monopoly, the composition of its board of directors or of an equivalent body, the official titles of any public official serving as an officer or member of the board of directors or that equivalent body;

(d)
   a description of the government departments or public bodies which regulate or monitor the state-owned enterprises, the enterprises granted special rights or privileges or the designated monopolies, a description of the reporting requirements imposed on them by those departments or public bodies if practicable, and the rights and practices
[25](#footnote25)
 of the government departments or any public bodies with respect to the appointment, dismissal or remuneration of senior executives and members of the board of directors or any other equivalent body;

(e)
   annual revenue and total assets of the state-owned enterprise, enterprise granted special rights or privileges or designated monopoly over the most recent three-year period for which information is available;

(f)
   any exemptions and immunities from which the state-owned enterprise, enterprise granted special rights or privileges or designated monopoly benefits under the law of the requested Party; and

  

(g)
   any additional information regarding the state-owned enterprise, enterprise granted special rights or privileges or designated monopoly that is publicly available, including annual financial reports and third-party audits.

2.
   If the requested information is not available, the requested Party shall provide the reasons for this in writing to the requesting Party.

3.
   If a Party provides written information pursuant to a request in accordance with this Article and informs the requesting Party that it considers that information to be confidential, the requesting Party shall not disclose that information without the prior consent of the Party providing the information.

  

CHAPTER 23

competition pOLICY

ARTICLE 23.1

General Principles

The Parties recognise the importance of free and undistorted competition in their trade and investment relations. The Parties acknowledge that anticompetitive business practices and State interventions have the potential to distort the proper functioning of markets and undermine the benefits of the liberalisation of trade and investment. The Parties share the view that proscribing such conduct, implementing competition policy, promoting advocacy actions and cooperating on matters covered by this Chapter will help secure the benefits of this Agreement.

  

ARTICLE 23.2

Competition Law and Anticompetitive Business Practices

1.
   Each Party shall maintain or adopt in its territory comprehensive competition law which applies to all sectors of the economy
[26](#footnote26)
 and addresses the following business practices in an effective manner:

(a)
   agreements between enterprises, decisions by associations of enterprises and concerted practices which have as their object or effect the prevention, restriction or distortion of competition;

(b)
   abuses by one or more enterprises, which individually or jointly have substantial power in the relevant market, and which abuses have or may have as object or effect the prevention, restriction or distortion of competition in that relevant market or any related market; and

  

(c)
   concentrations between enterprises which result or may result in a substantial lessening of competition or which significantly impede or may significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position.

2.
   All enterprises, private or public, shall be subject to the competition law referred to in this Article.

3.
   Each Party shall take appropriate action with respect to anticompetitive business practices, with the objective of promoting competition policy.

4.
   To the extent provided for in the law of a Party, the application of the competition law should not obstruct the performance, in law or in fact, of the particular tasks of public interest that may be assigned to enterprises. Exemptions from the competition law of a Party should be limited to tasks of public interest, proportionate to the desired public policy objective and transparent.

ARTICLE 23.3

Implementation

1.
   Each Party shall maintain its autonomy in amending and enforcing its competition law.

  

2.
   Each Party shall establish or maintain a functionally independent authority or authorities responsible for, and appropriately equipped with the powers and resources necessary for the full application and the effective enforcement of their respective competition law.

3.
   Each Party shall apply its competition law in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and right of defence of the enterprises concerned, including the right to be heard prior to a final decision or resolution.

4.
   In their enforcement policy the competition authority or authorities of a Party shall not discriminate on the basis of the nationality of the respondent in an enforcement procedure
[27](#footnote27)
 or of the third persons granted a right to participate in such enforcement procedure.

5.
   Each Party shall ensure that a respondent in an enforcement procedure, carried out to determine whether that respondent's conduct violates its competition law or what administrative sanctions or remedies should be ordered for violation of that law, is afforded the opportunity to be heard and provide evidence in its defence. In particular, each Party shall ensure that the respondent has a reasonable opportunity to review and contest the evidence on which the determination may be based.

 
  
6.
   Each Party shall guarantee that the addressee of a decision or resolution imposing an administrative sanction or a remedy for violation of its competition law is given the opportunity to seek judicial review of that decision or resolution.

ARTICLE 23.4

Transparency

1.
   The Parties recognise the value of transparency in their competition enforcement policies.

2.
   Each Party shall publish its administrative or procedural rules contained in legal acts pursuant to which its competition law investigations and enforcement procedures are conducted. Those administrative or procedural rules may, to the extent provided in each Party's competition law, include procedures with reasonable timeframes for providing evidence in those procedures.

3.
   Each Party shall ensure that a non-confidential version of any final decision or resolution determining a violation of its competition law and, as the case may be, any order implementing a resolution, is published in order to enable interested persons to become acquainted with them.

4.
   Each Party shall ensure that all final decisions or resolutions determining a violation of its competition law are in writing and set out the findings of fact and the reasoning, including the legal and, if applicable, economic analysis, on which the decision or resolution is based.

  

ARTICLE 23.5

Cooperation and Coordination

1.
   The Parties recognise the importance of cooperation and coordination between their respective competition authorities on matters related to their competition law and policies in the free trade area. Accordingly, the competition authorities of the Parties shall endeavour to cooperate on matters related to their respective competition law, including through assistance, notification, consultation, and exchange of information.

2.
   The Parties shall strengthen cooperation in the enforcement of their competition law to the extent compatible with their respective laws and important interests, and within the limits of their reasonably available resources. For that purpose, the competition authorities of the Parties shall endeavour to exchange non-confidential information, experiences and views with regard to:

(a)
   their respective competition law, policies and practices, including information about exemptions granted under their competition law;

(b)
   the enforcement of their respective competition law; and

(c)
   their respective advocacy actions.

  

3.
   The Parties shall endeavour to strengthen coordination between their respective competition authorities in areas of mutual concern and to the extent compatible with their respective laws and important interests, and within the limits of their reasonably available resources. For that purpose, the Parties shall endeavour to coordinate, to the extent possible, their enforcement activities relating to the same or related cases.

4.
   The Parties affirm that their competition authorities recognise the use of confidentiality waivers in their areas of enforcement and acknowledge that the decision of an enterprise to waive its right for the protection of confidential information is voluntary.

5.
   Nothing in this Article shall limit the discretion of the competition authorities of a Party to decide whether to take action on particular requests by the other Party's competition authorities.

6.
   Nothing in this Article shall preclude the competition authorities of either Party from taking action with respect to particular cases.

7.
   The Parties' competition authorities may consider entering into a separate cooperation arrangement that sets out mutually agreed terms for implementing cooperation.

  

ARTICLE 23.6

Technical Cooperation

The Parties consider that it is in their common interest to support the objectives of this Agreement with technical cooperation for the purposes of sharing experiences in developing and implementing competition policy and in enforcing their respective competition law, subject to the resources reasonably available to each Party.

ARTICLE 23.7

Consultations

1.
   To foster mutual understanding between the Parties, or to address specific matters on the interpretation or application of this Chapter, a Party shall, upon the request of the other Party, enter into consultations on matters raised by the other Party. The Party requesting consultations shall indicate, if relevant, how the matter affects trade or investment between the Parties.

2.
   The Parties shall promptly discuss any questions arising from the interpretation or application of this Chapter.

  

3.
   To facilitate discussion of the matter that is the subject of the consultations, each Party shall endeavour to provide relevant non-confidential information to the other Party.

ARTICLE 23.8

Confidentiality of Information

1.
   Notwithstanding any other provision of this Chapter, a Party is not required to provide information if the disclosure of this information is prohibited by the laws of the Party possessing the information.

2.
   If a Party provides information under this Chapter, the other Party shall maintain the confidentiality of that information.

3.
   If a Party's competition authorities receive confidential information from the competition authorities of the other Party subject to a confidentiality waiver, the Party's competition authorities shall use the information received in accordance with the terms of the waiver.

  

ARTICLE 23.9

Competition Authorities

For the purposes of this Chapter, the competition authorities are the following, or their successors:

(a)
   in the case of the European Union:

the European Commission; and

(b)
   in the case of Mexico:

(i)
   National Antitrust Commission (Comisión Nacional Antimonopolio); and

(ii)
   Telecommunication Regulatory Commission (Comisión Reguladora de Telecomunicaciones (CRT)).

  

ARTICLE 23.10

Non-Application of Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) concerning the interpretation or application of the provisions of this Chapter.

  

CHAPTER 24

SUBSIDIES

ARTICLE 24.1

Definitions

For the purposes of this Chapter:

(a)
   "subsidy provided for goods" means a measure which fulfils the conditions set out in Article 1.1 of the SCM Agreement and is specific in accordance with and within the meaning of Article 2 of the SCM Agreement.

(b)
   "subsidy provided for services" means a measure which involves a financial contribution by a government or a public body and confers a benefit and is specific to an enterprise or industry or a group of enterprises or industries in accordance with and within the meaning of Article 2 of the SCM Agreement.
[28](#footnote28)

  

ARTICLE 24.2

General Principles

The Parties recognise that subsidies may be granted when they are necessary to achieve a public policy objective. The Parties acknowledge, however, that certain subsidies have the potential to distort the proper functioning of markets and undermine the benefits of the liberalisation of trade and investment. In principle, a Party should not grant subsidies to enterprises providing goods or services if they negatively affect, or are likely to negatively affect, trade or investment.

ARTICLE 24.3

Scope

1.
   This Chapter applies to subsidies to all enterprises pursuing an economic activity. If an enterprise combines economic and non-economic activities, this Chapter only applies to the economic activities of that enterprise.

  

2.
   This Chapter does not apply to subsidies granted to enterprises entrusted with the provision of particular services of public interest, including those entrusted through special rights or privileges, to the extent that such subsidies are limited to the amount necessary to cover the costs of the service in question.

3.
   This Chapter does not apply to subsidies provided for agricultural goods and subsidies provided for fish and fisheries products.

4.
   With the exception of Article 24.5, this Chapter does not apply to subsidies provided in the audio-visual sector.

5.
   Article 24.7 does not apply to subsidies provided for services.

ARTICLE 24.4

Relationship with the WTO

The Parties affirm their rights and obligations pursuant to Article XV of GATS, Article XVI of GATT 1994, and under the SCM Agreement.

  

ARTICLE 24.5

Transparency

1.
   Each Party shall, with respect to any subsidy granted or maintained within its territory, make the following information available to the public:

(a)
   the legal basis of the subsidy;

(b)
   the form of the subsidy;

(c)
   the amount of the subsidy or the amount budgeted for the subsidy; and

(d)
   if possible, the name of the recipient.
[29](#footnote29)

2.
   A Party shall be deemed to comply with paragraph 1 if:

(a)
   a notification is provided to the WTO pursuant to Article 25.1 of the SCM Agreement, and, if possible, the name of the recipient has been disclosed to the public; or

  

(b)
   the information required in paragraph 1 has been made available by that Party or on its behalf on a publicly accessible website by 31 December of the calendar year subsequent to the one in which a subsidy was maintained or granted.
[30](#footnote30)

3.
   With respect to subsidies provided for services, this Article applies only if:

(a)
   the amount of the subsidy per beneficiary over a period of three consecutive years is above 400 000 special drawing rights; and

(b)
   the subsidy is granted for the provision of services in the following sectors: audio-visual, telecommunication, financial services, transport (including maritime transport), energy (including electricity distribution), environment, computer, architecture and engineering, construction, and postal and courier services.

ARTICLE 24.6

Consultations

1.
   If a Party considers that a subsidy granted by the other Party is negatively affecting, or is likely to negatively affect its trade or investment, the former Party may express its concern to the other Party and request consultations on the matter. The requested Party shall accord full and sympathetic consideration to such a request.

2.
   During the consultations, the requesting Party may request the other Party to provide additional information about the subsidy, such as:

(a)
   the legal basis and policy objective or purpose of the subsidy;

(b)
   the form of the subsidy;

(c)
   the dates and duration of the subsidy and any other time limits attached to it;

(d)
   the eligibility requirements of the subsidy;

(e)
   the total amount or the annual amount budgeted for the subsidy;

(f)
   the name of the recipient of the subsidy, if possible; and

(g)
   any other information permitting an assessment of the negative effects of the subsidy on trade or investment.

3.
   The requested Party shall provide relevant information on the subsidy in question no later than 60 days after the date of receipt of the request referred to in paragraph 2. If any relevant information requested pursuant to paragraph 2 is not provided in the written response, the requested Party shall explain the absence of such information in its written response.

4.
   If the requesting Party, after receiving the information provided pursuant to paragraphs 2 and 3, informs the requested Party that it considers that the subsidy concerned has or may have a significant negative effect on its trade or investment, the requested Party shall use its best endeavours to eliminate or minimise those significant negative effects within one year thereafter.

  

ARTICLE 24.7

Subsidies Subject to Conditions

1.
   Each Party shall apply conditions to the following subsidies, in so far as they negatively affect or are likely to negatively affect trade or investment of the other Party:

(a)
   subsidies or legal arrangements whereby a government is responsible for covering debts or liabilities of certain enterprises are allowed subject to the condition that the coverage of those debts and liabilities is limited as regards the amount of those debts and liabilities or the duration of that responsibility;

(b)
   subsidies to ailing or insolvent enterprises or to those on the brink of insolvency are allowed subject to the following conditions:

(i)
   a credible restructuring plan has been prepared; that plan shall be based on realistic assumptions with a view to ensuring the return of the enterprise to long-term viability within a reasonable time period; and

(ii)
   enterprises other than small and medium-sized enterprises contribute themselves to the costs of restructuring.

  

2.
   Subparagraph 1(b) shall not be construed as preventing a Party from providing temporary liquidity support in the form of loan guarantees or loans for the time reasonably necessary to prepare a restructuring plan. Such temporary liquidity support shall be limited to the amount needed to keep the enterprise in business.

ARTICLE 24.8

Use of Subsidies

Each Party shall ensure that enterprises use the subsidies it has granted only for the policy objective or purpose for which they were granted.
[31](#footnote31)

ARTICLE 24.9

Non- Application of Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) concerning the interpretation or application of Article 24.5, in so far as it concerns subsidies provided for services, and Article 24.6.4.

CHAPTER 25

INTELLECTUAL PROPERTY

SECTION A

General Provisions

ARTICLE 25.1

Objectives and Principles

1.
   The objective of this Chapter is to achieve an adequate and effective level of protection and enforcement of intellectual property rights in order to:

(a)
   contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; and

(b)
   promote and govern trade between the Parties as well as reduce distortions and impediments to trade.

2.
   A Party may, in formulating or amending its laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with this Chapter.

3.
   A Party may adopt appropriate measures, provided that they are consistent with the provisions of this Chapter, to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.

4.
   Taking into consideration the underlying public policy objectives of domestic systems, the Parties recognise the need to:

(a)
   promote innovation and creativity;

(b)
   facilitate the diffusion of information, knowledge, technology, culture and the arts; and

(c)
   foster competition and open and efficient markets,

through their respective intellectual property systems, while respecting the principle of transparency, and taking into account the interests of all relevant stakeholders, including right holders, users and the public.

  

ARTICLE 25.2

Nature and Scope of Obligations

1.
   The Parties commit to ensure an adequate and effective implementation of the international treaties dealing with intellectual property to which they are parties, including the TRIPS Agreement. This chapter shall complement and further specify the rights and obligations of the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property to which they are parties.

2.
   For the purposes of this Chapter "intellectual property rights" means all categories of intellectual property rights that are covered by Sections 1 to 7 of Part II of the TRIPS Agreement as well as plant variety rights. The protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property of 20 March 1883, as last revised at Stockholm on 14 July 1967 (hereinafter referred to as "Paris Convention").

  

3.
   Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, or enforcement of, intellectual property rights under its law than is required by this Chapter, provided that such protection or enforcement does not contravene this Chapter. Each Party shall be free to determine the appropriate method of implementing this Chapter within its own legal system and practice.

ARTICLE 25.3

Exhaustion

This Chapter does not affect the freedom of the Parties to determine whether and under what conditions the exhaustion of intellectual property rights applies.

  

ARTICLE 25.4

National Treatment

1.
   Each Party shall accord to the nationals
[32](#footnote32)
 of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection
[33](#footnote33)
 of intellectual property rights covered by this Chapter, subject to the exceptions provided in, respectively, the Paris Convention, the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886, as last revised at Paris on 24 July 1971 (hereinafter referred to as "Berne Convention"), the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on 26 October 1961 (hereinafter referred to as "Rome Convention"), or the Treaty on Intellectual Property in Respect of Integrated Circuits, done at Washington, D.C. on 26 May 1989. In respect of performers, producers of phonograms and broadcasting organisations, this obligation only applies in respect of the rights provided under this Agreement.

  

2.
   A Party shall not, as a condition for according national treatment pursuant to this Article, require right holders to comply with any formalities or conditions in order to acquire rights in respect of copyright and related rights.
[34](#footnote34)

3.
   A Party may avail itself of the exceptions permitted pursuant to paragraph 1 in relation to judicial and administrative procedures, including the designation of an address for service or the appointment of an agent within its jurisdiction, only where such exceptions are:

(a)
   necessary to secure compliance with laws or regulations that are not inconsistent with this Chapter; and

(b)
   not applied in a manner that would constitute a disguised restriction on trade.

4.
   A Party shall not have any obligation pursuant to this Article with respect to procedures provided in multilateral agreements concluded under the auspices of the World Intellectual Property Organization (hereinafter referred to as "WIPO") relating to the acquisition or maintenance of intellectual property rights.

  

SECTION B

Standards Concerning Intellectual Property Rights

SUB-SECTION B.1

Copyright and Related Rights

ARTICLE 25.5

International Treaties

1.
   The Parties affirm their commitment to comply with the following international agreements:

(a)
   the Berne Convention;

(b)
   the Rome Convention;

(c)
   the WIPO Copyright Treaty, adopted in Geneva on 20 December 1996; and

(d)
   the WIPO Performances and Phonograms Treaty, adopted in Geneva on 20 December 1996.

  

2.
   The Parties shall make all reasonable efforts to comply with the provisions of the Beijing Treaty on Audiovisual Performances, adopted in Beijing on 24 June 2012, and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, adopted in Marrakesh, on 27 June 2013.

ARTICLE 25.6

Authors

Each Party shall provide authors with the exclusive right to authorise or prohibit:

(a)
   the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their works;

(b)
   any form of distribution to the public, by sale or otherwise, of the original of their works or of copies thereof;

(c)
   any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them; and

(d)
   the commercial rental to the public of originals or copies of their works.

  

ARTICLE 25.7

Performers

Each Party shall provide performers with the exclusive right to authorise or prohibit:

(a)
   the fixation
[35](#footnote35)
 of their performances;

(b)
   the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their performances;

(c)
   the distribution to the public, by sale or otherwise, of the fixations of their performances;

(d)
   the making available to the public of fixations of their performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them;

(e)
   the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation; and

  

(f)
   the commercial rental to the public of the fixation of their performances.

ARTICLE 25.8

Producers of Phonograms

Each Party shall provide producers with the exclusive right to authorise or prohibit:

(a)
   the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their phonograms;

(b)
   the distribution to the public, by sale or otherwise, of their phonograms, including copies thereof;

(c)
   the making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them; and

(d)
   the commercial rental of their phonograms to the public.

  

ARTICLE 25.9

Broadcasting Organisations

Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit:
[36](#footnote36)

(a)
   the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite;

(b)
   the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite;

(c)
   the making available to the public, by wire or wireless means, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite, in such a way that members of the public may access them from a place and at a time individually chosen by them;

  

(d)
   the distribution to the public, by sale or otherwise, of fixations, including copies thereof, of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite; and

(e)
   the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.

ARTICLE 25.10

Broadcasting and Communication to the Public of Phonograms 
  
Published for Commercial Purposes
[37](#footnote37)

1.
   Each Party shall provide performers and producers of phonograms with the right to a single equitable remuneration paid by the user, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public
[38](#footnote38)
.

  

2.
   The Parties recognise that the single equitable remuneration should be distributed between the performers and producers of the corresponding phonograms. Each Party may enact legislation that, in the absence of an agreement between performers and producers of phonograms, sets out the terms according to which performers and producers of phonograms are to share the single equitable remuneration.

ARTICLE 25.11

Term of Protection

1.
   The rights of the author of a work shall run for the life of the respective authors and for at least 70 years after their death, irrespective of the date when the work is lawfully made available to the public.

2.
   The term of protection of a musical composition with words shall expire not less than 70 years after the death of the last of the following persons to survive, whether or not those persons are designated as co-authors: the author of the lyrics and the composer of the musical composition.
[39](#footnote39)

3.
   In the case of anonymous or pseudonymous works, the term of protection shall expire at least 70 years after the work is lawfully made available to the public. However, if the pseudonym adopted by the author leaves no doubt as to the author's identity, or if the author discloses his or her identity during the period referred to in the first sentence, the term of protection laid down in paragraph 1 applies.

4.
   The term of protection of cinematographic or audiovisual works shall expire at least 70 years after the death of the last of at least the following persons to survive, whether or not these persons are designated as co-authors: the principal director, the author of the screenplay, the author of the dialogue and the composer of the music.
[40](#footnote40)

5.
   The rights of broadcasting organisations shall expire not less than 50 years after the first transmission of a broadcast, whether that broadcast is transmitted by wire or over the air, including by cable or satellite.

  

6.
   Each Party shall provide
[41](#footnote41)
 that:

(a)
   the term of protection of rights of performers shall expire 75 years after the first fixation of the interpretation or performance in a phonogram, or the first interpretation or performance of works not fixated in phonograms, or the transmission for the first time by any means; and

(b)
   the term of protection of rights of producers of phonograms shall expire 75 years after the first fixation of the sounds in the phonogram.

Alternatively, a Party shall provide that:

(c)
   the rights of performers for their performances fixed otherwise than in a phonogram shall expire not less than 50 years after the fixation of the performance and, if published within this period, not less than 50 years after the first lawful publication; and

(d)
   the rights of performers for their performances fixed in phonograms and of producers of phonograms shall expire not less than 50 years after the fixation of the performance or the phonogram and, if published within this period, not less than 70 years after the first lawful publication. The Party shall take effective measures to ensure that the profit generated during the 20 years of protection beyond 50 years after the first lawful publication is shared fairly between the performers and the producers of phonograms.

  

7.
   The terms of protection set out in this Article shall be calculated from 1 January of the year following the event.

ARTICLE 25.12

Resale Right

1.
   Each Party shall provide, for the benefit of the author of works of graphic or plastic art, except for applied works of art, a resale right, defined as an inalienable right, which cannot be waived, even in advance, to receive a participation
[42](#footnote42)
 in the price obtained from any resale of that work, after the first transfer of that work by the author
[43](#footnote43)
.

2.
   The right referred to in paragraph 1 applies to all acts of resale involving as sellers, buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in general, any dealers in works of art.

  

ARTICLE 25.13

Cooperation on Collective Management of Rights

1.
   The Parties shall promote cooperation between their respective collective management organisations for the purposes of fostering the availability of works and other protected subject‑matter in the territories of the Parties and the transfer of revenue from the rights for the use of such works or other protected subject-matter.

2.
   The Parties agree to promote transparency and non-discrimination among entitled members of collective management organisations, in particular as regards the revenue from the rights they collect, deductions they apply to such revenue, the use of the rights revenue collected, the distribution policy and their repertoire.

ARTICLE 25.14

Exceptions and Limitations

Each Party shall confine exceptions or limitations to the rights set out in this Sub-Section to certain special cases that do not conflict with a normal exploitation of the work, performance, phonogram, or broadcast, and do not unreasonably prejudice the legitimate interests of the right holder.

  

ARTICLE 25.15

Protection of Technological Measures

1.
   Each Party shall provide adequate legal protection against the circumvention of any effective technological measures, which a person carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing the objective of circumvention.

2.
   Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services, which:

(a)
   are promoted, advertised or marketed for the purpose of circumvention of any effective technological measures;

(b)
   have only a limited commercially significant purpose or use other than to circumvent; or

(c)
   are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of any effective technological measures.

3.
   For the purposes of this Article, "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the right holder of any copyright or related right as provided for by the law of the Party concerned. Technological measures shall be deemed "effective" where the use of a protected work or other subject-matter is controlled by the right holder through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter, or a copy control mechanism, which achieves the objective of protection.

4.
   Notwithstanding the legal protection provided for in paragraph 1, in the absence of voluntary measures taken by the right holders, each Party may take appropriate measures, as necessary, to ensure that the adequate legal protection against the circumvention of effective technological measures provided for in accordance with this Article does not prevent beneficiaries from enjoying exceptions and limitations provided for in accordance with Article 25.14.

  

ARTICLE 25.16

Obligations Concerning Rights Management Information

1.
   Each Party shall provide adequate legal protection against any person knowingly performing, without authority, any of the following acts, if such person knows, or has reasonable grounds to know, that by so doing he or she is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights:

(a)
   the removal or alteration of any electronic rights-management information; or

(b)
   the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Sub-Section from which electronic rights-management information has been removed or altered without authorisation.

2.
   For the purposes of this Sub-Section, "rights-management information" means any information provided by right holders which identifies the work or other subject-matter referred to in this Sub-Section, the author or any other right holder, any information about the terms and conditions of use of the work or other subject-matter, or any numbers or codes that represent such information.

  

3.
   Paragraph 2 applies when any of the items referred to in that paragraph is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject‑matter referred to in this Sub-Section.

SUB-SECTION B.2

Trademarks

ARTICLE 25.17

International Agreements

Each Party:

(a)
   shall make all reasonable efforts to adhere to the Trademark Law Treaty done at Geneva on 27 October 1994 and to the Singapore Treaty on the Law of Trademarks, done at Singapore on 27 March 2006.

  

(b)
   shall adhere to the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as last amended on 12 November 2007, and to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, done at Nice on 15 June 1957, as amended on 28 September 1979 (hereinafter referred as "Nice Classification").

ARTICLE 25.18

Registration Procedure

1.
   Each Party shall establish a system for the registration of trademarks in which each final negative decision, including the partial refusal of registration issued by the relevant trademark administration, shall be notified in writing, duly reasoned and open to challenge.

2.
   Each Party shall provide for the possibility to oppose applications to register trademarks or, if appropriate, trademark registrations and for the opportunity for the trademark applicant to respond to such opposition.
[44](#footnote44)

  

3.
   Each Party shall provide a publicly available electronic database of applications and registrations of trademarks.

ARTICLE 25.19

Rights Conferred by a Trademark

1.
   A registered trademark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:

(a)
   any sign which is identical to the trademark in relation to goods or services which are identical to those for which the trademark is registered; and

(b)
   any sign where, because of its identity with, or similarity to, the trademark and the identity or similarity of the goods or services covered by the trademark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trademark.

  

2.
   The proprietor of a registered trademark shall be entitled to prevent all third parties from bringing, in the course of trade, goods into the territory of the Party where the trademark is registered without being released for free circulation there, if such goods, including packaging, come from third countries and bear without authorisation a trademark which is identical to the trademark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trademark.
[45](#footnote45)

ARTICLE 25.20

Well-known Trademarks

For the purposes of giving effect to the protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention and paragraphs 2 and 3 of Article 16 of the TRIPS Agreement, each Party shall apply the Joint Recommendation Concerning Provisions on the Protection of Well‑Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO on 20 to 29 September 1999.

  

ARTICLE 25.21

Bad Faith Applications

Each Party may provide that a trademark shall not be registered if the application for registration of the trademark was made in bad faith by the applicant. Each Party shall provide that such a trademark shall be declared invalid if it has been registered.

ARTICLE 25.22

Cancellation

1.
   Each Party shall provide that a trademark shall be liable to cancellation
[46](#footnote46)
, if within a period of time determined by its law, the trademark has not been used
[47](#footnote47)
 in the relevant territory in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.

2.
   A trademark shall also be liable to cancellation if, after the date on which it was registered, in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service in respect of which it is registered.

3.
   A trademark shall also be liable to cancellation, if it was registered despite being capable to deceive the public as to the nature, quality or geographical origin of the goods or services for which it was registered.
[48](#footnote48)

ARTICLE 25.23

Exceptions to the Rights Conferred by a Trademark

Each Party:

(a)
   shall provide for the fair use of descriptive terms
[49](#footnote49)
 as a limited exception to the rights conferred by trademarks; and

  

(b)
   may provide for other limited exceptions,

provided that these exceptions take account of the legitimate interests of the owners of the trademarks and of third parties.

SUB-SECTION B.3

Industrial Designs

ARTICLE 25.24

International Agreements

Each Party shall make all reasonable efforts to accede to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on 2 July 1999.

  

ARTICLE 25.25

Protection of Registered Industrial Designs

1.
   Each Party shall provide for the protection of independently created industrial designs that are new or original.
[50](#footnote50)
 This protection shall be provided by registration and shall confer an exclusive right upon their holders in accordance with this Sub-Section.

2.
   The holder of a registered industrial design shall have the right to prevent third parties not having the holder's consent at least from using and notably making, offering for sale, selling, putting on the market or importing a product or using articles bearing or embodying the protected industrial design if such acts are undertaken for commercial purposes, unduly prejudice the normal exploitation of the industrial design, or are not compatible with fair trade practice.

3.
   An industrial design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new or original:

(a)
   if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and

(b)
   to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty or originality.

  

4.
   "Normal use" referred to in subparagraph 3(a) means use by the end user, excluding maintenance, servicing or repair work.

ARTICLE 25.26

Term of Protection

The term of protection shall be determined by each Party and may be renewable for one or more periods of five years each, up to a total term of protection of 25 years from the date of filing the application.

ARTICLE 25.27

Exceptions and Exclusions

1.
   Each Party may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the holder of the protected industrial design, taking account of the legitimate interests of third parties.

2.
   Industrial design protection shall not extend to designs dictated essentially by technical or functional considerations. In particular, an industrial design shall not be protected if it consists of features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product, in which the industrial design is incorporated or to which it is applied, to be mechanically connected to, or placed in, around or in contact with another product so that either product may perform its function.

3.
   By way of derogation from paragraph 2, an industrial design right may subsist in an industrial design, which has the purpose of allowing the multiple assembly or connection of mutually interchangeable products within a modular system.

ARTICLE 25.28

Relation to Copyright

An industrial design shall also be eligible for protection under the law of copyright of a Party as from the date on which the industrial design was created or fixed in any form. The extent to which, and the conditions under which, such a copyright protection is conferred, including the level of originality required, shall be determined by each Party.

  

SUB-SECTION B.4

Geographical Indications

ARTICLE 25.29

Definitions

For the purposes of this Sub-Section:

(a)
   "geographical indication" means an indication which identifies a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin; and

(b)
   "product class" means the list of classes taking into consideration the Nice Classification.

  

ARTICLE 25.30

International Agreements

The Parties affirm their commitment to protect geographical indications in their territory in accordance with Articles 22, 23 and 24 of the TRIPS Agreement.

Each Party shall make all reasonable efforts to adhere to the Geneva Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration adopted at Geneva on 20 May 2015.

ARTICLE 25.31

Scope

1.
   This Sub-Section applies to the recognition and protection of geographical indications identifying goods falling within the relevant product class and listed in Annex 25-B (List of Geographical Indications).

  

2.
   The Parties shall consider extending the scope of geographical indications covered by this Sub-Section to geographical indications in product classes other than food and agricultural goods. For that reason, the Parties have included in Annex 25-C (Geographical Indications of Mexico as Referred to in Article 25.31.2) names identifying goods originating and protected in their territory that, provided the scope of protection of this Agreement is extended, will be considered to be included under the scope of protection of this Agreement subject to the conclusion of the procedures set out in this Sub-Section.
[51](#footnote51)

ARTICLE 25.32

Listed Geographical Indications

For the purposes of this Sub-Section the geographical indications listed in:

(a)
   Section A of Annex 25-B (List of Geographical Indications) are geographical indications which identify a good as originating in the territory of the European Union or a region or locality in that territory; and

  

(b)
   Section B of Annex 25-B (List of Geographical Indications) are geographical indications which identify a good as originating in the territory of Mexico or a region or locality in that territory.

ARTICLE 25.33

Established Geographical Indications

Having considered the names listed in Annex 25-B (List of Geographical Indications) and having completed an opposition procedure in accordance with Annex 25-A (Main Elements of the Opposition Procedure), each Party shall protect those geographical indications according to the level of protection laid down in this Sub-Section.

  

ARTICLE 25.34

Protection of Geographical Indications Listed in 
  
Annex 25-B (List of Geographical Indications)

1.
   Each Party shall provide the legal means for interested parties to prevent:

(a)
   the use of a geographical indication of the other Party listed in Annex 25-B (List of Geographical Indications)
[52](#footnote52)
 for a good that falls within the product class for that geographical indication and that either:

(i)
   does not originate in the place of origin specified in Annex 25-B (List of Geographical Indications) for that geographical indication; or

(ii)
   originates in the place of origin specified in Annex 25-B (List of Geographical Indications) for that geographical indication but was not produced or manufactured in accordance with the laws and regulations of the other Party that would apply if the good were for consumption in the other Party;

  

(b)
   the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; and

(c)
   any other use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention.

2.
   Each Party shall provide the protection referred to in subparagraph 1(a) even where the true origin of the good is indicated, or the geographical indication is used in translation or the geographical indication is accompanied by expressions such as "kind", "type", "style", "imitation" or the like.

3.
   Each Party shall provide for enforcement, by administrative action and in the form provided for by its law, against:

(a)
   any direct or indirect commercial use of a protected name;

(b)
   any imitation, variation or deceiving use of a protected name;

(c)
   any false or misleading indication of a protected name; or

(d)
   any practice likely to mislead the consumer as to the true origin, provenance and nature of the good.

  

4.
   The geographical indications protected under this Sub-Section shall not become generic in the territories of the Parties.

5.
   Nothing in this Sub-Section shall oblige a Party to protect a geographical indication of the other Party which is not or has ceased to be protected in the territory of the originating Party. Each Party shall notify the other Party if a geographical indication ceases to be protected in its territory. That notification shall take place within three months after the competent authority issues its final determination that the geographical indication has ceased to be protected.

6.
   The provisions of this Article shall apply, mutatis mutandis, to the list of names in Annex I and Annex II to the Agreement between the European Community and the United Mexican States on the mutual recognition and protection for spirits drinks, done at Brussels on 27 May 1997, hereinafter referred to as the "Spirits Agreement".

ARTICLE 25.35

Amendment of the List of Geographical Indications

1.
   The Trade Council, in accordance with Article 25.42, may decide to amend Annex 25-B (List of Geographical Indications) by adding or correcting geographical indications, or by removing geographical indications which have ceased to be protected or have fallen into disuse in their place of origin. The Sub-Committee on Intellectual Property shall prepare those decisions.

  

2.
   New geographical indications shall be added by a decision of the Trade Council after the names submitted have been considered and an opposition procedure as referred to in Article 25.33 has been completed.

3.
   The Trade Council may modify by a decision Annexes I and II to the Spirits Agreement, following the procedure referred to in Article 25.33 in the case of new geographical indications.

ARTICLE 25.36

Right of Use of Geographical Indications

1.
   A geographical indication protected under this Sub-Section may be used by any operator marketing a good which conforms to the corresponding technical specification.

2.
   Once a geographical indication is protected under this Sub-Section, the use of that protected geographical indication shall not be subject to any registration of users or other requirements.

3.
   Indications, abbreviations and symbols referring to a geographical indication may only be used in relation to the good protected or registered in the respective territory and produced in conformity with the corresponding technical specification.

ARTICLE 25.37

Relation between Trademarks and Geographical Indications

1.
   This Sub-Section shall be without prejudice to the rights conferred by a prior trademark applied for or registered in good faith, or acquired through use in good faith, in a Party. As a limited exception to the rights conferred by a trademark, in certain circumstances a prior trademark may not entitle its owner to prevent a registered geographical indication from being granted protection or being used in the Party in which the trademark is applied for, registered or used. The protection of the registered geographical indication shall not limit in any other way the rights conferred by that trademark, including the possibility to request renewals or variations of a distinctive sign provided that the variation does not constitute an act of unfair competition.

2.
   A Party shall not be required to protect a name as a geographical indication pursuant to Article 25.34 if, in light of a trademark's reputation and renown and the length of time it has been used, that name is likely to mislead the consumer as to the true identity of the good.

3.
   Subject to Article 25.39 and building upon paragraph 3 of Article 22 of the TRIPS Agreement, in respect of geographical indications listed in Annex 25-B (List of Geographical Indications) and remaining protected as geographical indications by the Party of origin, a Party shall refuse or invalidate ex officio, if permitted by its law or at the request of an interested party, the registration of a trademark, provided that:

(a)
   the registration of the trademark for goods would be inconsistent with Article 25.34;

  

(b)
   the trademark relates to the same or a similar good;

(c)
   the trademark relates to goods not having the origin of the geographical indication concerned; and

(d)
   the application to register the trademark is submitted after the date of submission of the application for protection of the geographical indication in the territory of the Party concerned.

4.
   For geographical indications referred to in Article 25.32, the date of submission of the application for protection referred to in subparagraph 3(d) shall be the date of the signing of this Agreement.

5.
   For geographical indications referred to in Article 25.35, the date of submission of the application for protection shall be the date of the publication of the geographical indication in the opposition procedure.

6.
   Protection provided to the geographical indications listed in Annex 25-B (List of Geographical Indications) shall commence no earlier than the date on which this Agreement enters into force.

  

ARTICLE 25.38

Enforcement of Protection

Each Party shall enforce the protection provided for in Articles 25.34 to 25.37 by appropriate administrative or judicial procedures, in accordance with their law and practice. The competent authorities shall enforce that protection in any or both of the following ways:

(a)
   on their own initiative; or

(b)
   on request of an interested party.

ARTICLE 25.39

General Rules

1.
   A Party shall not be required to protect a name as a geographical indication under this Sub‑Section if that name conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the good.

  

2.
   A homonymous name which is likely to mislead the consumer into believing that a good comes from another territory shall not be registered as a geographical indication even if the name is accurate as far as the actual territory, region or locality of origin of the good is concerned. Without prejudice to Article 23 of the TRIPS Agreement, the Parties shall jointly decide the practical conditions under which wholly or partially homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

3.
   If a Party, in the context of bilateral negotiations with a third country, proposes to protect a geographical indication of that third country which is wholly or partially homonymous with a geographical indication of the other Party, it shall inform the other Party, which shall be given the opportunity to comment before that name is protected.

4.
   A technical specification referred to in this Sub-Section shall be approved, including any amendments, by the authorities of the Party in the territory from which the good originates.

  

ARTICLE 25.40

Exceptions

1.
   Nothing in this Sub-Section shall require a Party to apply its provisions in respect of a geographical indication, or an individual name contained in a multi-component geographical indication, of the other Party, with respect to goods or services for which the relevant indication is identical to the term customary in common language as the common name for such goods or services in the territory of that Party.

2.
   If a translation of a geographical indication is identical to or contains a term customary in common language as the common name for a good in the territory of a Party, or if a geographical indication is not identical to but contains that term, this Sub-Section shall be without prejudice to the right of any person to use that term in association with that good in the territory of that Party.

3.
   In determining whether a term is the term customary in common language as the common name for a good in the territory of a Party, that Party's authorities shall have the authority to take into account how consumers understand that term in its territory. Factors relevant to that consumer understanding may include:

(a)
   whether the term is used to refer to the type of good in question, as indicated by competent sources such as dictionaries, newspapers and relevant websites; and

  

(b)
   how the good referenced by the term is marketed and used in trade in the territory of that Party.
[53](#footnote53)

4.
   Nothing in this Sub-Section shall prevent the use in the territory of a Party, with respect to any good, of a customary name of a plant variety or an animal breed, existing in the territory of that Party as of the date of entry into force of this Agreement.

5.
   Nothing in this Agreement shall prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.

ARTICLE 25.41

Incorporation of Existing Agreement

1.
   The Spirits Agreement is incorporated into and made part of this Agreement, and applies mutatis mutandis.
[54](#footnote54)

  

2.
   The Sub-Committee on Intellectual Property established by Article 33.4.1(k) (Sub‑Committees and Other Bodies) shall replace the Joint Committee established by Article 17 of the Spirits Agreement and fulfil the functions set out in that Article.

ARTICLE 25.42

Cooperation

1.
   The Sub-Committee on Intellectual Property established pursuant to Article 33.4.1(k) (Sub‑Committees and other Bodies) shall be the appropriate forum for monitoring the implementation and the administration of this Sub-Section.

2.
   The Parties shall notify each other if a geographical indication listed in Annex 25-B (List of Geographical Indications) ceases to be protected in the territory of the Party concerned. Following such notification, the Sub-Committee on Intellectual Property shall prepare for the Trade Council the decision to modify Annex 25-B (List of Geographical Indications) in accordance with the procedures set out in this Agreement.

3.
   A Party may, either directly or through the Sub-Committee on Intellectual Property, request the other Party to provide information relating to technical specifications and their amendments.

  

4.
   Each Party may make publicly available the technical specifications corresponding to the geographical indications of the other Party protected under this Sub-Section, in Spanish or English.
[55](#footnote55)

5.
   Any matter arising from technical specifications of protected geographical indications shall be dealt with by the Sub-Committee on Intellectual Property.

ARTICLE 25.43

Protection under the law of a Party

This Sub-Section is without prejudice to the right of a holder of a geographical indication in one Party to seek recognition and protection of a geographical indication in the other Party under the law of that Party.

SUB-SECTION B.5

Patents

ARTICLE 25.44

International Agreements

Each Party shall adhere to the Patent Cooperation Treaty, done at Washington on 19 June 1970, as amended on 28 September 1979 and last modified on 3 October 2001, and recognise the importance of adopting or maintaining procedural standards consistent with the Patent Law Treaty, adopted in Geneva on 1 June 2000.

ARTICLE 25.45

Patents and Public Health

1.
   The rights and obligations established in this Sub-Section do not and shall not prevent a Party from taking measures to protect public health. The Parties recognise the importance and affirm their commitment to the Declaration on the TRIPS Agreement and Public Health, adopted in Doha on 14 November 2001 (hereinafter referred to as "Doha Declaration"). In interpreting and implementing the rights and obligations under this Sub-Section, the Parties shall ensure consistency with the Doha Declaration.

  

2.
   The Parties shall contribute to the implementation and respect the decision of the WTO General Council of 30 August 2003 on implementation of paragraph 6 of the Doha Declaration as well as the Protocol of 6 December 2005 amending the TRIPS Agreement.

ARTICLE 25.46

Supplementary Protection in Case of Delays in Marketing Approval 
  
for Pharmaceutical Products Including Biologic Products
[56](#footnote56)

1.
   The Parties recognise that pharmaceutical products, including biologic products
[57](#footnote57)
, protected by a patent in their respective territory may be subject to an administrative approval
[58](#footnote58)
 procedure before being put on the market. They recognise that the period that elapses between the filing of the application for a patent and the approval to place the product on their respective market, as defined for that purpose by the relevant law of a Party, may shorten the period of effective protection under the patent.

  

2.
   Each Party shall provide for an adequate and effective mechanism to compensate the patent owner for the reduction in the effective patent life resulting from unreasonable delays
[59](#footnote59)
 in the granting of the first marketing approval in its respective territory. Such compensation shall take the form of a supplementary sui generis protection, equal to the time by which the period of two years referred to in the footnote is exceeded. The maximum term of this supplementary protection shall not exceed five years.
[60](#footnote60)

3.
   As an alternative to paragraph 2, a Party may make available an extension, not exceeding five years
[61](#footnote61)
, of the duration of the rights conferred by the patent protection to compensate the patent owner for the reduction in the effective patent life as a result of the marketing approval procedure. This extension of the duration shall take effect at the end of the lawful term of the patent for a period equal to the period which elapsed between the date on which the application for a patent was filed and the date of the first approval to place the product on the market in that Party, reduced by a period of five years.

  

4.
   In implementing the obligations of this Article, each Party may determine conditions and limitations, provided that the Party continues to comply with this Article.

5.
   Each Party shall make best efforts to process applications for marketing approval of pharmaceutical products in an efficient and timely manner, with a view to avoiding unreasonable or unnecessary delays. With the objective of avoiding unreasonable delays, a Party may adopt or maintain procedures that expedite the processing of marketing approval application.

SUB-SECTION B.6

Plant Varieties

ARTICLE 25.47

International Agreements

Each Party shall protect plant varieties rights, in accordance with the International Convention for the Protection of New Varieties of Plants adopted in Paris on 2 December 1961, as lastly revised in Geneva on 19 March 1991, including the exceptions to the breeder's right as referred to in Article 15 of that Convention, and cooperate to promote and enforce these rights.
[62](#footnote62)

  

SUB-SECTION B.7

Protection of Undisclosed Information

ARTICLE 25.48

Scope of Protection of Trade Secrets

1.
   In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention, each Party shall provide the legal means, including administrative or civil judicial proceedings
[63](#footnote63)
, for any person to prevent trade secrets from being disclosed to, acquired by, or used by others without the consent of the person lawfully in control of the information in a manner contrary to honest commercial practices.
[64](#footnote64)
 For the purposes of this Sub‑Section, trade secrets encompass undisclosed information as provided for in paragraph 2 of Article 39 of the TRIPS Agreement.

  

2.
   For the purposes of this Sub-Section, a Party shall at least consider the following conduct to be contrary to honest commercial practices:

(a)
   the acquisition of a trade secret without the consent of the trade secret holder, whenever carried out by unauthorised access to, appropriation of, or copying of any documents, objects, materials or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced; or

(b)
   the use or disclosure of a trade secret without the consent of the trade secret holder, whenever carried out by a person who acquired the trade secret unlawfully or in breach of a confidentiality agreement or of any other duty not to disclose the trade secret or to limit its use.
[65](#footnote65)
,
[66](#footnote66)

  

ARTICLE 25.49

Administrative or Civil Judicial Procedures of Trade Secrets

1.
   Each Party shall ensure that any person participating in the proceedings referred to in Article 25.48.1 or having access to documents which form part of those proceedings, is not permitted to use or disclose any trade secret or alleged trade secret which the competent authorities have, in response to a duly reasoned application by an interested party, identified as confidential and of which they have become aware as a result of such participation or access.

2.
   In the proceedings referred to in Article 25.48.1, each Party shall provide that its competent authorities have the authority at least to take specific measures to preserve the confidentiality of any trade secret or alleged trade secret produced in the proceedings. Such specific measures may include, in accordance with the law of each Party, the possibility of restricting access to certain documents in whole or in part, of restricting access to hearings and their corresponding records or transcript, and of making available a non-confidential version of judicial decisions in which the passages containing trade secrets have been removed or redacted.

  

ARTICLE 25.50

Protection of Undisclosed Data Related to 
  
Pharmaceutical Products Including Biologic Products
[67](#footnote67)

1.
   If a Party requires, as a condition for a marketing approval of new
[68](#footnote68)
 pharmaceutical products, including biologic products
[69](#footnote69)
, the submission of undisclosed test or other data of pre‑clinical tests or clinical trials necessary to determine whether the use of those products is safe and effective, the Party shall protect those data against disclosure to third parties, if the origination of those data involves considerable effort, except where the disclosure is necessary for an overriding public interest or unless steps are taken to ensure that the data are protected against unfair commercial use.

2.
   For pharmaceutical products, including biologic products, a Party shall not grant a marketing approval to third persons permitting them, without the consent of the person that previously submitted the data referred to in paragraph 1, to market the product
[70](#footnote70)
 on the basis of those data or the marketing approval granted to the person that submitted those data
[71](#footnote71)
, for at least six years from the date
[72](#footnote72)
 of the marketing approval of the new product in the territory of that Party.
[73](#footnote73)

3.
   There shall be no limitation on either Party to implement abbreviated authorisation procedures for such products on the basis of bioequivalence and bioavailability studies.

  

ARTICLE 25.51

Protection of Undisclosed Data Related to Plant Protection Products
[74](#footnote74)

1.
   If a Party requires, as a condition for a marketing approval
[75](#footnote75)
 of a new
[76](#footnote76)
 plant protection product the submission of undisclosed test or other data concerning the safety or efficacy of the product
[77](#footnote77)
, the Party shall protect those data against disclosure to third parties, except where the disclosure is necessary for an overriding public interest or unless steps are taken to ensure that the data are protected against unfair commercial use.

  

2.
   For plant protection products, a Party shall not grant a marketing approval to third persons permitting them, without the consent of the person that previously submitted the data referred to in paragraph 1, to market the product on the basis of those data or the marketing approval granted to the person that submitted those data, for at least 10 years
[78](#footnote78)
 from the date of the marketing approval of the new product in the territory of that Party.

3.
   Each Party shall establish rules to avoid duplicative testing on vertebrate animals.

4.
   There shall be no limitation on either Party to implement abbreviated authorisation procedures for such products on the basis of equivalence studies.

  

SECTION C

Enforcement of Intellectual Property Rights

SUB-SECTION C.1

General Provisions

ARTICLE 25.52

General Obligations

1.
   The Parties affirm their commitments under the TRIPS Agreement and in particular Part III thereof. Each Party shall provide for the complementary measures, procedures and remedies under this Section, which are necessary to ensure the enforcement of intellectual property rights. These measures, procedures and remedies shall be fair and equitable, and shall not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays.

  

2.
   The measures, procedures and remedies referred to in paragraph 1 shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

3.
   This Section does not create any obligation for a Party to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general, nor does it affect the capacity of a Party to enforce its law in general. This Sub-Section does not create any obligation with respect to how a Party distributes resources between the enforcement of intellectual property rights and the enforcement of law in general.

ARTICLE 25.53

Persons Entitled to Apply for the Application of Measures, Procedures and Remedies

Each Party shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part III of the TRIPS Agreement:

(a)
   the holders of intellectual property rights in accordance with its law;

(b)
   all other persons authorised to use those intellectual property rights, in particular licensees, in so far as permitted by, and in accordance with, its law;

  

(c)
   intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by, and in accordance with, its law; and

(d)
   professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by, and in accordance with, its law.

SUB-SECTION C.2

Civil and Administrative Enforcement

ARTICLE 25.54

Evidence

1.
   Each Party shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities, on application by a party which has presented reasonably available evidence to support his claim that his intellectual property right has been infringed or is about to be infringed, have the authority to order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.

  

2.
   The provisional measures referred to in paragraph 1 may include the detailed description, with or without the taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and implements used in the production or distribution of these goods, and the documents relating thereto.

3.
   Each Party shall take the measures necessary to provide its competent judicial authorities with the authority to order, in case of infringement of an intellectual property right committed on a commercial scale, if appropriate and on request of a party in the proceedings, the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.
[79](#footnote79)

  

ARTICLE 25.55

Right of Information

1.
   Each Party shall ensure that, in proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities have the authority to order the infringer or any other person which is party to the proceedings or a witness therein, to provide information on the origin and distribution networks of the goods or services which infringe an intellectual property right
[80](#footnote80)
.

  

2.
   This Article applies without prejudice to other provisions in the law of a Party which:

(a)
   grant the right holder rights to receive further information;

(b)
   govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

(c)
   govern the responsibility for misuse of the right of information;

(d)
   afford the opportunity to refuse to provide information that would force the person referred to in paragraph 1 to admit his own participation or that of his close relatives in an infringement of an intellectual property right; or

(e)
   govern the protection of confidentiality of information sources or the processing of personal data.

  

ARTICLE 25.56

Provisional and Precautionary Measures

1.
   Each Party shall ensure that its judicial authorities, on request of the applicant, have the authority to issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, if appropriate, to a recurring penalty payment if provided for by its law, the continuation of the alleged infringements of that right, or to make that continuation subject to the provision of guarantees intended to ensure the compensation of the right holder. An interlocutory injunction may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right. For the purposes of this Article, "intermediaries" include internet service providers.

2.
   An interlocutory injunction may also be issued to order the seizure or delivery up of goods suspected of infringing an intellectual property right, so as to prevent their entry into or movement within the channels of commerce.

  

3.
   Each Party shall provide that, in the case of an alleged infringement, its judicial authorities have the authority to order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of his bank accounts and other assets. To that end, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.
[81](#footnote81)

ARTICLE 25.57

Remedies

1.
   Each Party shall ensure that the competent judicial authorities have the authority to order, on request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, the destruction or at least the definitive removal from the channels of commerce, of goods that they have found to infringe an intellectual property right. Each Party shall ensure that, if appropriate, the competent judicial authorities may also order destruction of materials and implements predominantly used in the creation or manufacture of those goods.

  

2.
   In considering a request for remedies, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.

ARTICLE 25.58

Injunctions

Each Party shall ensure that, if a judicial decision finds an infringement of an intellectual property right, the competent judicial authorities have the authority to issue against the infringer, as well as against an intermediary whose services are being used by a third party to infringe an intellectual property right, an injunction aimed at prohibiting the continuation of the infringement.

  

ARTICLE 25.59

Damages

1.
   Each Party shall provide that its judicial authorities have the authority at least to order the infringer who knowingly, or with reasonable grounds to know, engaged in activities infringing intellectual property rights, to pay the right holder damages adequate to compensate for the injury the right holder has suffered as a result of the infringement of its intellectual property right.
[82](#footnote82)

2.
   In determining the amount of damages pursuant to paragraph 1, the judicial authorities of each Party shall take into account all appropriate aspects and have the authority to consider, among other things, any legitimate measure of value the right holder submits, including lost profits, the value of the goods or services that are the object of the infringement, measured by the market price, or the suggested retail price.

3.
   Each Party shall provide that, at least in cases of infringement of copyright or related rights and trademark counterfeiting, its judicial authorities have the authority to order the infringer, at least in the cases referred to in paragraph 1, to pay the right holder the infringer's profits that are attributable to the infringement. A Party may comply with this paragraph through a presumption that those profits correspond to the damages referred to in paragraph 1.

  

4.
   Each Party may provide that the judicial authorities may order in favour of the injured party the recovery of profits or the payment of damages which may be pre-established, where the infringer did not knowingly, or without reasonable grounds to know, engage in infringing activity.

ARTICLE 25.60

Legal Costs

Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall as a general rule be borne by the unsuccessful party, unless equity does not allow this.

ARTICLE 25.61

Publication of Judicial Decisions

Without prejudice to its law governing the protection of confidentiality of information sources or the protection of personal data, each Party shall ensure that, in legal proceedings concerning the infringement of an intellectual property right, the competent judicial authorities have the authority to order, on request of the applicant, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part.

  

ARTICLE 25.62

Presumption of Authorship or Ownership

1.
   Each Party shall recognise that, for the purposes of applying the measures, procedures and remedies provided for in this Sub-Section, in the absence of proof to the contrary, it is sufficient for the name of an author of a literary or artistic work to appear on the work in the usual manner, in order for the author to be regarded as such, and consequently to be entitled to institute infringement proceedings.

2.
   Paragraph 1 applies, mutatis mutandis, to the holders of rights related to copyright with regard to their protected subject matter.

ARTICLE 25.63

Administrative Procedures

To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set out in this Sub-Section.

ARTICLE 25.64

Voluntary Stakeholder Initiatives

Each Party shall endeavour to facilitate voluntary stakeholder initiatives to reduce infringements of intellectual property rights, including online and in other marketplaces, which focus on concrete problems and seek practical solutions that are realistic, balanced, proportionate and fair for all stakeholders concerned.

SECTION D

Border Enforcement

ARTICLE 25.65

Consistency with GATT and the TRIPS Agreement

In implementing border measures for the enforcement of intellectual property rights by customs authorities, whether or not covered by this Agreement, each Party shall ensure consistency with its obligations under GATT and the TRIPS Agreement and, in particular, with Article 41 and Section 4 of Part III of the TRIPS Agreement.

  

ARTICLE 25.66

Border Enforcement Measures Related to Intellectual Property Rights

1.
   Each Party shall have in place procedures allowing for the destruction of goods infringing intellectual property rights, in accordance with Articles 46 and 59 of the TRIPS Agreement.

2.
   With respect to goods under customs control, each Party shall ensure that its customs authorities are active, in accordance with its laws and regulations and in coordination with other relevant authorities, in targeting and identifying shipments containing goods suspected of infringing trademarks, copyright or other intellectual property rights. At least with regard to import goods, these activities should be carried out on the basis of risk analysis.

3.
   Each Party shall adopt and maintain a centrally managed electronic database relating at least to trademarks and industrial designs, which shall serve as a relevant tool for cooperation between the competent authorities and right holders, free of charge, and for the provision of information for risk analysis. Each Party shall endeavour to extend the electronic database for risk analysis to other intellectual property rights.

  

4.
   Each Party shall ensure that information provided by the right holder is automatically included in the electronic database provided that it complies with the relevant requirements, in accordance with its laws and regulations. The validation of the information provided by a right‑holder shall be automatic or done within a reasonable period of time by the competent authorities of each Party.

5.
   The Parties recognise the benefits of maintaining and improving an electronic database, with a view to contributing to the detection of infringements of intellectual property rights and to providing elements to initiate the procedure of the suspension or detention of goods under customs control.

6.
   Each Party shall provide that its customs authorities may act on their own initiative to suspend the release of or detain goods suspected of infringing an intellectual property right, or to inform the right holder or the relevant authorities in order to allow them to assess the need to initiate a procedure that may lead to the suspension or detention of those goods.

7.
   A Party is encouraged to have in place procedures allowing for the swift destruction of counterfeit trademark and pirated goods sent through postal or express couriers' consignments.

8.
   The customs authorities of each Party shall maintain a regular dialogue and promote cooperation with stakeholders and with other authorities involved in the enforcement of the intellectual property rights referred to in this Article.

  

9.
   The Parties shall cooperate with respect to international trade in goods suspected to infringe intellectual property rights and, in particular, to share information on such trade, in accordance with their laws and regulations.

10.
   The Parties shall have a regular exchange on the proper implementation and administration of this Article.

SECTION E

Final Provisions

ARTICLE 25.67

Cooperation and Transparency

1.
   The Parties shall cooperate with a view to supporting the implementation of this Chapter.

2.
   Areas of cooperation include, but are not limited to, the following activities:

(a)
   the exchange of information on developments in the domestic and international policy regarding intellectual property rights;

  

(b)
   the exchange of information on intellectual property laws and regulations of the Parties, including initiatives or amendments;

(c)
   the exchange of experience between the Parties on the enforcement of intellectual property rights;

(d)
   coordination to prevent trade of counterfeit goods, including with third countries;

(e)
   technical assistance, capacity building, and exchange and training of personnel;

(f)
   the protection and defence of intellectual property rights and the dissemination of information in this regard in, among others, business circles and civil society;

(g)
   education and awareness raising relating to intellectual property rights, including the impact of infringements of intellectual property rights on the economy and the safety of consumers;

(h)
   enhancement of institutional cooperation, particularly between the authorities in charge of intellectual property rights;

  

(i)
   collaboration with SMEs, including at SME-focused events or gatherings, regarding protecting and enforcing intellectual property rights and reducing infringements; and

(j)
   exchange of information between the Parties regarding efforts to facilitate voluntary stakeholder initiatives in their respective territories.

3.
   The Sub-Committee on Intellectual Property established pursuant to Article 33.4.1(k) (Sub‑Committees and Other Bodies) shall monitor the implementation and administration of this Chapter and any other relevant matters.

The Sub-Committee on Intellectual Property shall meet at least once per year, except if the Parties agree otherwise.

4.
   Each Party shall designate a contact point to facilitate cooperation and coordination under this Chapter and notify the other Party of its contact details. The Parties shall promptly notify each other of any changes to those contact details.

  

CHAPTER 26

TRADE AND SUSTAINABLE DEVELOPMENT

ARTICLE 26.1

Objective and Scope

1.
   The objective of this Chapter is to enhance the integration of sustainable development in the trade and investment between the Parties, notably by establishing principles and actions concerning labour
[83](#footnote83)
 and environmental aspects of sustainable development of specific relevance in the context of trade and investment.

  

2.
   The Parties recall Agenda 21 and the Rio Declaration on Environment and Development of 1992, adopted by the UN Conference on Environment and Development in 1992; the Johannesburg Plan of Implementation of the World Summit on Sustainable Development of 2002; the International Labour Organization's Declaration on Social Justice for a Fair Globalization of 2008 adopted by the International Labour Conference at its 97th Session, Geneva, 10 June 2008; the Outcome Document of the UN Conference on Sustainable Development of 2012, incorporated in Resolution 66/288 adopted by the UN General Assembly on 27 July 2012, entitled "The Future We Want"; and the Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development document "Transforming our World: the 2030 Agenda for Sustainable Development".

3.
   Consistent with the instruments referred to in paragraph 2, the Parties shall promote:

(a)
   sustainable development, which encompasses economic development, social development and environmental protection, all three being inter-dependent and mutually reinforcing;

(b)
   the development of international trade and investment in a manner that contributes to the objective of achieving the Sustainable Development Goals; and

(c)
   inclusive green growth and circular economy so as to foster economic growth while ensuring environmental protection and promoting social development.

  

ARTICLE 26.2

Right to Regulate and Levels of Protection

1.
   The Parties recognise the right of each Party to determine its sustainable development policies and priorities, to establish its levels of domestic environmental and labour protection and to adopt or modify its relevant laws and regulations, and policies as it deems appropriate. Such levels, laws and regulations, and policies shall be consistent with each Party's commitment to the internationally recognised standards and agreements referred to in Articles 26.3 and 26.4.

2.
   Each Party shall strive to ensure that its relevant laws and regulations, and policies provide for and encourage high levels of environmental and labour protection; and shall continue to strive to improve such laws and regulations, and policies and their underlying levels of protection.

3.
   A Party should not weaken the levels of protection afforded in its environmental or labour law in order to encourage trade or investment.

4.
   A Party shall not waive or derogate from, or offer to waive or derogate from, its environmental or labour law in order to encourage trade or investment.

5.
   A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental or labour law in order to encourage trade or investment.

ARTICLE 26.3

Multilateral Labour Standards and Agreements

1.
   The Parties affirm their commitment to promote the development of international trade in a way that is conducive to full and productive employment and decent work for all, in particular women, young people and persons with disabilities.

2.
   In accordance with the International Labour Organization Constitution and the International Labour Organization Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session, Geneva, 18 June 1998, each Party shall respect, promote and effectively implement the principles concerning the fundamental rights at work, as defined in the fundamental International Labour Organization (hereinafter referred to as "ILO") conventions, which are:

(a)
   freedom of association and the effective recognition of the right to collective bargaining;

(b)
   the elimination of all forms of forced or compulsory labour;

(c)
   the effective abolition of child labour; and

(d)
   the elimination of discrimination in respect of employment and occupation.

  

3.
   Pursuant to paragraphs 1 and 2 and underlining the commitment of the Parties to support multilateral governance, each Party shall effectively implement the ILO conventions and protocols it has ratified.

4.
   Each Party shall make continued and sustained efforts towards ratifying the fundamental ILO conventions.

5.
   The Parties shall regularly exchange information on their respective progress with regard to ratification of the fundamental ILO conventions and related protocols and of other ILO conventions or protocols to which they are not yet party and which are considered as up-to-date by the ILO.

6.
   The Parties shall consult as appropriate and should cooperate on trade-related labour issues of mutual interest, including in the context of the ILO.

7.
   Recalling the ILO Declaration on Social Justice for a Fair Globalization of 2008, the Parties note that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes.

  

8.
   Each Party shall promote decent work as defined in the ILO Declaration on Social Justice for a Fair Globalization of 2008. Each Party shall, in accordance with its conditions and priorities, pay particular attention to:

(a)
   developing and enhancing measures for occupational safety and health, including compensation in case of occupational injury or illness, as defined in the relevant ILO conventions and other international commitments;

(b)
   decent working conditions for all, with regard to wages and earnings, working hours and other conditions of work; and

(c)
   maintaining an effective labour inspection system in accordance with its international commitments and relevant ILO standards.

9.
   Each Party shall ensure that its administrative, judicial and labour tribunal proceedings for the enforcement of its labour law are fair, accessible and transparent, and permit effective action against infringements of labour rights referred to in this Chapter.

  

ARTICLE 26.4

Multilateral Environmental Governance and Agreements

1.
   The Parties recognise the importance of the United Nations Environment Assembly (UNEA) of the United Nations Environment Programme (UNEP) and multilateral environmental governance and agreements as a response of the international community to global or regional environmental challenges and aim to enhance the mutual supportiveness between trade and environment policies.

2.
   Pursuant to paragraph 1 and in order to support multilateral environmental governance, each Party shall effectively implement the multilateral environmental agreements, protocols and amendments to which it is a party.

3.
   The Parties shall regularly exchange information on their respective initiatives regarding the ratifications of multilateral environmental agreements, including their protocols and amendments.

4.
   The Parties shall consult as appropriate and should cooperate on trade-related environmental matters of mutual interest, including in the context of multilateral environmental agreements.

5.
   The Parties acknowledge the right of each Party to invoke Article 32.1 (General Exceptions) in relation to measures taken pursuant to multilateral environmental agreements to which they are party.

  

ARTICLE 26.5

Trade and Climate Change

1.
   The Parties recognise the importance of pursuing the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC), done at New York on 9 May 1992, in order to address the urgent threat of climate change and recognise the role of trade to that end.

2.
   Pursuant to paragraph 1, each Party shall:

(a)
   effectively implement the UNFCCC and the Paris Agreement, including through actions that contribute to the implementation of the Nationally Determined Contributions (NDCs) in accordance with the Paris Agreement;

(b)
   promote the positive contribution of trade to the transition to a sustainable low-carbon economy and to climate-resilient development; and

(c)
   promote green economic growth based on actions on climate change mitigation and adaptation, including ecosystem-based adaptation, renewable energies and energy-efficient solutions.

  

3.
   The Parties should cooperate on trade-related matters concerning climate change bilaterally, regionally and in international fora, as appropriate, including in the UNFCCC, the WTO and the Montreal Protocol on Substances that Deplete the Ozone Layer.

ARTICLE 26.6

Trade and Biological Diversity

1.
   The Parties recognise the importance of conserving and sustainably using biological diversity and the role of trade in pursuing those objectives, consistent with the Convention on Biological Diversity (CBD) done at Rio de Janeiro on 5 June 1992 and its Protocols, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) signed at Washington D.C. on 3 March 1973 and other relevant international instruments to which they are party, including the decisions and resolutions adopted thereunder.

2.
   Parties recognise that mainstreaming the conservation and sustainable use of biological diversity across relevant sectors of the economy and strengthening legal, institutional and regulatory domestic frameworks can contribute to generating positive impacts on biological diversity and its ecosystem services as well as to achieving sustainable development.

  

3.
   Pursuant to paragraph 1, each Party shall:

(a)
   implement effective measures to combat illegal wildlife trade, including through cooperation activities with third countries as appropriate;

(b)
   promote the inclusion of animal and plant species in the Appendices to CITES where the conservation status of that species is considered at risk because of international trade and conduct periodic reviews, which may result in a recommendation to amend the Appendices to the CITES, in order to ensure that they properly reflect the conservation needs of species subject to international trade;

(c)
   promote the long-term conservation and sustainable use of CITES listed species, including their legal and traceable trade, while providing benefits to stakeholders in the value-chain, in particular to the local communities where CITES listed species are obtained;

(d)
   take measures to conserve biological diversity when it is subject to pressures linked to trade and investment, in particular through measures to prevent the spread of invasive alien species; and

(e)
   exchange information with the other Party on initiatives on trade in natural resource-based products with the aim of promoting conservation and sustainable use of biological diversity and promote such trade.

  

4.
   Each Party should cooperate with the other Party bilaterally, regionally and in international fora, including with relevant stakeholders, on matters concerning trade and the conservation and sustainable use of biological diversity, as well as on combatting illegal wildlife trade, including through initiatives to reduce demand for illegal wildlife products and specimens, and to enhance cooperation on law enforcement and information sharing.

ARTICLE 26.7

Trade and Sustainable Management of Forests

1.
   The Parties recognise the importance of sustainable forest management and the role of trade in pursuing this objective.

2.
   Pursuant to paragraph 1, each Party shall:

(a)
   encourage the conservation and sustainable management of forests and the promotion of trade and consumption of timber and timber products from sustainably managed forests;

(b)
   promote trade in forest products that has not given rise to deforestation or forest degradation;

  

(c)
   implement measures to combat illegal logging and related trade, including through cooperation activities with third countries as appropriate; and

(d)
   exchange information with the other Party on trade-related initiatives on forest governance and on the conservation of forest cover, and cooperate with the other Party to maximise positive impacts and ensure the mutual supportiveness of their respective policies of mutual interest.

3.
   Each Party should cooperate with the other Party bilaterally, regionally and in international fora, including with relevant stakeholders, on matters concerning trade and the conservation of forests as well as sustainable forest management.

ARTICLE 26.8

Trade and Sustainable Management 
  
of Marine Biological Resources and Aquaculture

1.
   The Parties recognise the importance of conserving and sustainably managing marine biological resources and marine ecosystems as well as of promoting responsible and sustainable aquaculture with the aim of ensuring sustainable economic, environmental and social conditions; and the role of trade in pursuing these objectives.

  

2.
   The Parties acknowledge that illegal, unreported and unregulated fishing (hereinafter referred to as "IUU fishing") has negative impacts on trade and the environment, and confirm the need for action to end IUU fishing to address the problems of overfishing and unsustainable utilisation of fisheries resources.

3.
   Pursuant to paragraphs 1 and 2, each Party shall:

(a)
   act in accordance with the principles of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982, the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks opened for signature at New York on 4 December 1995, the Food and Agriculture Organization Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas approved on 24 November 1993 by Resolution 15/93 of the 27th Session of the Food and Agriculture Organization Conference, the Food and Agriculture Organization Code of Conduct for Responsible Fisheries adopted on 31 October 1995 by the Food and Agriculture Organization Conference, and the Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing approved on 22 November 2009 at the 36th Session of the Food and Agriculture Organization Conference;

  

(b)
   implement long-term conservation and management measures and sustainable exploitation of marine living resources as defined in the main United Nations and Food and Agriculture Organization (FAO) instruments relating to these issues;
[84](#footnote84)

(c)
   participate actively in the work of the regional fisheries management organisations of which both Parties are members, observers or cooperating non-contracting parties, with the aim of ensuring the sustainable exploitation, management and conservation of marine biological resources and the marine environment, including, if applicable, active participation in the adoption of management, conservation and control measures by those regional fisheries management organisations and their effective implementation and enforcement, including, where applicable, catch documentation or certification schemes;

(d)
   implement effective measures to combat IUU fishing, including measures to exclude IUU fishing products from trade flows, and cooperate and exchange information to that end; and

  

(e)
   promote the development of sustainable and responsible aquaculture, including with regard to the implementation of the objectives and principles contained in the FAO Code of Conduct for Responsible Fisheries.

4.
   Each Party should cooperate with the other Party and within regional fisheries management organisations and other international fora with the aim of achieving sustainable fisheries management.

ARTICLE 26.9

Trade and Responsible Management of Supply Chains

1.
   The Parties recognise the importance of responsible management of supply chains through responsible business conduct and corporate social responsibility practices, which contribute to an enabling environment, and the role of trade in pursuing the objective of responsible management of supply chains.

2.
   Pursuant to paragraph 1, each Party shall:

(a)
   promote corporate social responsibility or responsible business conduct, including by encouraging the uptake of relevant practices by businesses; and

  

(b)
   support the dissemination and use of relevant international instruments, such as the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy adopted in Geneva in November 1977, the UN Global Compact and the UN Guiding Principles on Business and Human Rights endorsed by the Human Rights Council in its resolution 17/4 of 16 June 2011.

3.
   The Parties recognise the utility of international sector-specific guidelines in the area of corporate social responsibility or responsible business conduct, such as the OECD Due Diligence Guidance documents for responsible supply chains, and shall promote joint work in this regard, including with respect to third countries. Each Party shall promote the uptake of those guidelines supported by that Party.

4.
   Each Party shall exchange information as well as best practices and, as appropriate, cooperate with the other Party bilaterally, regionally and in international fora on matters covered by this Article.

  

ARTICLE 26.10

Other Trade and Investment-related Initiatives 
  
Favouring Sustainable Development

1.
   The Parties confirm their commitment to enhancing the contribution of trade and investment to the goal of sustainable development in its economic, social and environmental dimensions.

2.
   Pursuant to paragraph 1, each Party shall promote:

(a)
   trade and investment policies that support the objectives of the ILO Decent Work Agenda, and are consistent with the ILO Declaration on Social Justice for a Fair Globalization of 2008, including policies with regard to wages, earnings and working hours, inclusive social protection, health and safety at work, and other aspects related to working conditions;

(b)
   trade and investment facilitation in environmental goods and services, including those of particular relevance for climate change mitigation such as sustainable and renewable energy and energy efficient products and services by, among others, addressing related non-tariff barriers, adopting policy frameworks conducive to the deployment of best available technologies and cooperating in relation to initiatives in that area; and

  

(c)
   trade in goods that contribute to enhanced social conditions and environmentally sound practices, including goods that are covered by voluntary sustainability assurance schemes such as fair and ethical trade schemes and eco-labels.

3.
   Each Party should cooperate with the other Party bilaterally, regionally and in international fora on matters covered by this Article.

ARTICLE 26.11

Scientific and Technical Information

1.
   When establishing or implementing measures aimed at protecting the environment or occupational safety and health that may affect trade or investment, each Party shall take into account available scientific and technical information, relevant international standards, guidelines or recommendations.

2.
   If there is a lack of full scientific certainty and there are threats of serious or irreversible damage to the environment or to occupational safety and health, a Party may adopt cost-effective measures based on the precautionary principle. Such measures shall be consistent with, or justified under, this Agreement. They shall be based upon available pertinent information and subject to periodic review in the light of new scientific information.

  

ARTICLE 26.12

Transparency

When a Party adopts and implements measures of general application aimed at the protection of the environment and labour conditions that may affect trade or investment between the Parties, or trade or investment measures that may affect the protection of the environment or labour conditions, that Party shall do so in accordance with Chapter 27 (Transparency), and shall provide reasonable opportunities for interested persons to submit views on the proposed measures in accordance with its domestic laws and regulations.

ARTICLE 26.13

Cooperation on Trade and Sustainable Development

1.
   The Parties recognise the importance of cooperating in order to achieve the objectives of this Chapter.

2.
   The cooperation referred to in paragraph 1 may cover areas such as:

(a)
   labour and environmental aspects of trade and sustainable development in international fora, including in particular the WTO, the ILO, the United Nations Environment Assembly and Programme and multilateral environmental agreements;

  

(b)
   the impact of labour and environmental law and standards on trade and investment; and

(c)
   the impact of trade and investment law on labour and the environment.

3.
   The cooperation referred to in paragraph 1 may also cover trade-related aspects of:

(a)
   the fundamental, governance and other up-to-date ILO conventions of relevance in a trade context;

(b)
   the ILO Decent Work Agenda, including on the inter-linkages between trade and full and productive employment, labour market adjustment, core labour standards, decent work in global supply chains, social protection and social inclusion, social dialogue, skills development and gender equality;

(c)
   multilateral environmental agreements, including customs cooperation and support for each other's participation in such agreements;

(d)
   the current and future international climate change regime, including means to promote low-carbon technologies and energy efficiency, preparation and adoption of carbon pricing action including emissions trading systems, ecosystem-based adaptation and water management adaptation approaches to climate change;

  

(e)
   the Montreal Protocol on Substances that Deplete the Ozone Layer and its Kigali Amendment, in particular:

(i)
   measures to control the production and consumption of and trade in ozone- depleting substances (ODSs) and hydrofluorocarbons (HFCs);

(ii)
   introduction of environmentally friendly alternatives;

(iii)
   updating of standards; and

(iv)
   combatting illegal trade of substances regulated by that agreement;

(f)
   the promotion of inclusive green growth and a circular economy;

(g)
   transparent private and public sustainability assurance schemes, including eco-labelling;

(h)
   the protection and restoration of ecosystems, access to genetic resources and the fair and equitable sharing of benefits from their utilisation in accordance with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity done at Nagoya on 29 October 2010, as well as the valuation of ecosystems and their services and related economic instruments;

  

(i)
   corporate social responsibility, responsible business conduct and responsible management of global supply chains, including with regard to adherence, implementation and dissemination of internationally agreed instruments;

(j)
   the sound management of chemicals and waste;

(k)
   the promotion of the conservation and sustainable use of biological diversity, including by combatting illegal wildlife trade, as referred to in Article 26.6;

(l)
   the promotion of the conservation and sustainable management of forests with a view to halting deforestation and illegal logging, including the promotion of trade in forest products that have not given rise to deforestation or forest degradation, as referred to in Article 26.7; and

(m)
   the promotion of sustainable fishing practices and trade in sustainably managed fish products, as well as the protection and restoration of the marine environment, as referred to in Article 26.8.

  

ARTICLE 26.14

Sub-Committee on Trade and Sustainable Development

1.
   The Sub-Committee on Trade and Sustainable Development established by Article 33.4.1(l) (Sub-Committees and Other Bodies) shall meet within a year of the date of entry into force of this Agreement, unless otherwise agreed by the Parties, and thereafter as necessary in accordance with Article 33.4.3 (Sub-Committees and Other Bodies).

2.
   The Sub-Committee on Trade and Sustainable Development shall:

(a)
   facilitate and monitor the effective implementation and administration of this Chapter, including cooperation activities undertaken under this Chapter;

(b)
   carry out the tasks referred to in Articles 26.17 to 26.19;

(c)
   make recommendations to the Trade Committee, including with regard to topics for discussion with the Domestic Advisory Group and Civil Society Forum, referred to in Articles 33.5 (Domestic Advisory Groups) and 33.6 (Civil Society Forum); and

(d)
   consider any other matters related to this Chapter as the Parties may agree.

  

3.
   The Sub-Committee on Trade and Sustainable Development shall issue a public report after each of its meetings.

4.
   Each Party shall give due consideration to communications and opinions from the public on matters related to this Chapter and shall inform of such communications and opinions the Sub‑Committee on Trade and Sustainable Development and its civil society mechanisms referred to in Articles 33.5 (Domestic Advisory Groups) and 33.6 (Civil Society Forum).

ARTICLE 26.15

Trade and Sustainable Development Contact Points

Each Party shall designate a contact point to facilitate communication and coordination between the Parties on any matters relating to the implementation of this Chapter and notify the other Party of its contact details. The Parties shall promptly notify each other of any changes to those contact details.

  

ARTICLE 26.16

Dispute Resolution

In case of disagreement between the Parties regarding the interpretation or application of this Chapter, the Parties shall have recourse exclusively to the dispute resolution procedures referred to in Articles 26.17 and 26.18.

ARTICLE 26.17

Consultations

1.
   A Party may request consultations with the other Party regarding the interpretation or application of this Chapter by delivering a written request to the contact point of the other Party established in accordance with Article 26.15. The request shall set out the reasons for requesting consultations, including a description of the matter at issue. Consultations shall start promptly after a Party delivers a request for consultations, and in any event no later than 30 days after the date of receipt of the request, unless the Parties agree otherwise. Consultations shall be held in person or, if the Parties so agree, by electronic means.

  

2.
   The Parties shall enter into consultations with the aim of reaching a mutually satisfactory resolution of the matter. With respect to matters related to the multilateral agreements referred to in this Chapter, the Parties shall take into account information from the ILO or relevant multilateral environmental organisations or bodies in order to ensure coherence between the work of the Parties and the work of those organisations or bodies. Where relevant and mutually agreed, the Parties shall seek advice from such organisations or bodies, or any other expert or body they deem appropriate.

3.
   If, 30 days after the date of receipt of the request referred to in paragraph 1, a Party considers that the matter needs further discussion, that Party may request in writing that the Sub‑Committee on Trade and Sustainable Development be convened and notify that request to the contact point referred to in paragraph 1.The Sub-Committee on Trade and Sustainable Development shall meet promptly and endeavour to reach a mutually satisfactory resolution of the matter.

4.
   The Sub-Committee on Trade and Sustainable Development shall seek as appropriate the advice of the Domestic Advisory Groups referred to in Article 33.5 (Domestic Advisory Groups) or other expert advice.

5.
   Any resolution reached by the Parties shall be made available to the public.

  

ARTICLE 26.18

Panel of Experts

1.
   If, within 90 days after a request for consultations pursuant to Article 26.17, the Parties have not reached a mutually agreed solution, a Party may request the establishment of a panel of experts to examine the matter. That request shall be made in writing to the contact point of the other Party designated pursuant to Article 26.15. The request shall identify the reasons for requesting the establishment of a panel of experts, including an indication of the legal basis for the complaint.

2.
   Except as otherwise provided for in this Article, Articles 31.6 (Establishment of a Panel), 31.10 (Functions of the Panel), 31.20 (Replacement of Panellists), 31.21 (Rules of Procedure), 31.22 (Suspension and Termination), 31.23 (Receipt of Information) and 31.24 (Rules of Interpretation); and Section E (Common Provisions) of Chapter 31, (Dispute Settlement); as well as Annexes 31-A (Rules of Procedure) and 31-B, (Code of Conduct for Panellists and Mediators), apply.

  

3.
   The Sub-Committee on Trade and Sustainable Development shall, at its first meeting after the entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as panellists on the panel of experts. The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals that are not nationals of either Party and who may serve as chairperson of the panel of experts. Each Party shall propose at least five individuals for its sub-list. The Parties shall also select at least five individuals for the list of chairpersons. The Sub-Committee on Trade and Sustainable Development shall ensure that the list is kept updated and that the number of experts is maintained at least at 15 individuals.

4.
   The individuals referred to in paragraph 3 shall have specialised knowledge of, or expertise in, labour or environmental law, issues addressed in this Chapter or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and shall not take instructions from any organisation or government with regard to issues related to the disagreement or be affiliated with the government of any Party, and shall comply with the provisions set out in Annex 31-B (Code of Conduct for Panellists and Mediators).

5.
   A panel of experts shall be established in accordance with the procedures set out in paragraphs 2 and 3 of Article 31.6 (Establishment of a Panel). The experts shall be selected from the individuals on the sub-lists referred to in paragraph 3 of this Article, in accordance with Article 31.7 (Composition of a Panel).

6.
   Unless the Parties agree otherwise within five days after the date of establishment of the panel of experts, as defined in paragraph 3 of Article 31.6 (Establishment of a Panel), the terms of reference of the panel shall be:

"to examine, in the light of the relevant provisions of Chapter 26 (Trade and Sustainable Development) of this Agreement, the matter referred to in the request for the establishment of the Panel of Experts, to make findings and recommendations for the resolution of the matter and to deliver a report, in accordance with paragraph 8 of Article 26.18 (Panel of Experts)".

7.
   In matters related to the respect of multilateral agreements referred to in this Chapter, the panel of experts shall endeavour to seek information and advice from relevant bodies of the ILO or other bodies established under multilateral environmental agreements.

8.
   The panel of experts shall issue to the Parties an interim report within 90 days after the establishment of the panel of experts and a final report no later than 30 days after issuing the interim report. Those reports shall set out the findings of fact, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations. Each Party shall make the final report available to the public within 15 days after its delivery by the panel of experts.

  

9.
   The Parties shall discuss appropriate measures to be implemented taking into account the report and recommendations of the panel of experts. The Party implementing appropriate measures shall inform its Domestic Advisory Group referred to in Article 33.5 (Domestic Advisory Groups) and the other Party of any actions or measures to be implemented no later than three months after the report has been made available to the public. The Sub-Committee on Trade and Sustainable Development shall monitor the follow-up to the report of the panel of experts and its recommendations. The domestic advisory groups referred to in Article 33.5 (Domestic Advisory Groups) may submit observations to the Sub-Committee on Trade and Sustainable Development in this regard.

ARTICLE 26.19

Review

1.
   For the purposes of enhancing the effective implementation of this Chapter, the Parties shall initiate, upon entry into force of the Agreement, a formal review process taking into account, among others, the experience gained through implementation of this Chapter, policy developments in each Party, developments in international agreements and views presented by stakeholders. The Parties will aim to conclude the review process within 12 months.

  

2.
   For the purpose of paragraph 1, the Parties shall in particular discuss at the meetings of the Sub-Committee on Trade and Sustainable Development, the operation of the institutional and dispute settlement provisions set out in Articles 26.14 to 26.18, including a possible review of their effectiveness and the enhancement of the enforcement mechanism, including the possibility to apply a compliance phase and relevant countermeasures as last resort.

3.
   The Sub-Committee on Trade and Sustainable Development may prepare amendments to the relevant provisions of this Chapter reflecting the outcome of the discussions referred to in paragraph 1 and 2, in accordance with the amendment procedure established in Article 33.8 (Amendments).

4.
   Without prejudice to the outcome of the review, the Parties shall also consider the possibility and modality of including the Paris Agreement as an essential element of this Agreement.

  

CHAPTER 27

TRANSPARENCY

ARTICLE 27.1

Definitions

For the purposes of this Chapter:

(a)
   "measures of general application" means laws, regulations, procedures and administrative rulings of general application;

(b)
   "interested person" means any natural or legal person that may be affected by a measure of general application; and

(c)
   "administrative action" means an action or decision having a legal effect that affects the rights and obligations of a specific person in an individual case, and covers an administrative action or failure to take an administrative action or decision as provided for in the Party's law.

ARTICLE 27.2

Objective

The Parties aim to promote a transparent regulatory environment.

ARTICLE 27.3

Publication

1.
   Each Party shall ensure that any measure of general application with respect to any matter covered by this Agreement:

(a)
   is promptly published via an officially designated medium and, if feasible, electronic means, or otherwise made available in such a manner as to enable traders and other interested parties to become acquainted with them; and

(b)
   if adopted by the central level of government, provides an explanation of its objective and rationale.

2.
   To the extent possible, when introducing or changing a measure referred to in paragraph 1, each Party shall provide sufficient time to become acquainted with it between publication and entry into force.

ARTICLE 27.4

Provision of Information

1.
   A Party shall, at the request of the other Party, promptly provide information and respond to questions pertaining to any existing or proposed measure of general application that materially affects the operation of this Agreement.

2.
   Information provided pursuant to this Article is without prejudice as to whether the measure is consistent with this Agreement.

ARTICLE 27.5

Administration of Measures of General Application

1.
   Each Party shall administer in an objective, impartial, consistent and reasonable manner all measures of general application with respect to any matter covered by this Agreement.

  

2.
   When applying measures of general application in specific cases to particular persons, goods or services of the other Party, each Party shall:

(a)
   endeavour to provide a person that is directly affected by administrative proceedings with reasonable notice, in accordance with its laws and regulations, when those proceedings are initiated, including a description of the nature of the proceedings, a statement of the legal authority under which the proceedings are initiated and a general description of any controversial issues;

(b)
   afford such person a reasonable opportunity to present facts and arguments in support of that person's position prior to any final administrative action if time, the nature of the proceedings and public interest allow; and

(c)
   ensure the procedures are in accordance with its law.

  

ARTICLE 27.6

Review and Appeal

1.
   Each Party shall establish or maintain judicial, arbitral or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, correction of an administrative action with respect to any matter covered by this Agreement.
[85](#footnote85)
 Each Party shall ensure that its procedures for appeal or review are carried out in a non-discriminatory and impartial manner by tribunals that are independent of the authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.

2.
   Each Party shall ensure that the parties to the proceedings referred to in paragraph 1 are provided with the right to:

(a)
   a reasonable opportunity to support or defend their respective positions; and

(b)
   a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the relevant administrative authority.

  

3.
   The decision referred to in subparagraph 2(b) shall, subject to appeal or further review as provided for under law of that Party, be implemented by, and govern the practice of, the office or authority entrusted with administrative enforcement.

CHAPTER 28

GOOD REGULATORY PRACTICES

ARTICLE 28.1

Definitions

For the purposes of this Chapter:

(a)
   "regulatory authority" means:

(i)
   for the European Union: the European Commission; and

(ii)
   for Mexico: the Federal Public Administration, including any decentralised bodies of the Federal Public Administration; and

  

(b)
   "regulatory measures" means measures of general application, developed by a regulatory authority and adopted by a Party with which compliance is mandatory, which are:

(i)
   for the European Union:

(A)
   regulations and directives, as provided for in Article 288 of the TFEU; and

(B)
   delegated and implementing acts, as provided for in Articles 290 and 291 TFEU, respectively; and

(ii)
   for Mexico:

(A)
   laws and legislative decrees presented by the executive branch of the Federal Government; and

(B)
   any other administrative acts of general application, including, but not limited to, regulations, decrees, agreements and Normas Oficiales Mexicanas ("NOMs", Mexican Official Standards).

  

ARTICLE 28.2

General Principles

1.
   The Parties recognise the importance of:

(a)
   using good regulatory practices in the process of planning, designing, issuing, implementing, evaluating and reviewing regulatory measures in order to achieve domestic policy objectives; and

(b)
   maintaining and enhancing the benefits of this Agreement through the use of good regulatory practices to facilitating trade in goods and services and increasing investment between the Parties.

2.
   Each Party shall have the right to determine its approach to good regulatory practices under this Agreement in a manner consistent with its own legal framework, practice and fundamental principles
[86](#footnote86)
 underlying its regulatory system.

  

3.
   The provisions in this Chapter shall not be construed as requiring a Party to:

(a)
   deviate from domestic procedures for identifying its regulatory priorities and for preparing and adopting regulatory measures ensuring the levels of protection that it considers appropriate;

(b)
   take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives; or

(c)
   achieve any particular regulatory outcome.

ARTICLE 28.3

Scope

1.
   This Chapter applies to regulatory measures in respect to any matter covered by this Agreement.

2.
   This Chapter does not apply to regulatory authorities and regulatory measures, practices or approaches of the Member States.

ARTICLE 28.4

Internal Consultation and Coordination of Regulatory Development

1.
   The Parties recognise that the implementation of good regulatory practices can be facilitated through domestic mechanisms that improve internal consultation and coordination required for processes or mechanisms for the development of regulatory measures.

2.
   Each Party shall adopt or maintain internal coordination or review processes or mechanisms with respect to regulatory measures that its regulatory authority is developing.

3.
   Such processes or mechanisms should seek, among others, to:

(a)
   foster good regulatory practices, including those set out in this Chapter;

(b)
   strengthen internal consultations and coordination for the identification and avoidance of unnecessary duplication and inconsistency of the requirements in the Party's regulatory measures;

(c)
   promote that the potential impacts of the regulatory measures under preparation, including those on small and medium-sized enterprises, are taken into consideration in the subsequent decision making process;

  

(d)
   ensure compliance with international trade and investment obligations; and

(e)
   promote that relevant developments in international and other fora are taken into consideration.

4.
   The Parties recognise that the processes or mechanisms referred to in paragraph 2 may vary depending on their respective circumstances. In this regard, each Party may, in accordance with its domestic rules and procedures, improve its regulatory system through additional internal consultation and coordination mechanisms.

5.
   Each Party may establish or maintain a central coordinating body.

ARTICLE 28.5

Transparency of the Regulatory Processes and Mechanisms

Each Party shall make publicly available descriptions of the processes and mechanisms used by its regulatory authority to prepare, evaluate or review regulatory measures. Those descriptions shall refer to relevant guidelines, rules or procedures, including those regarding opportunities for the public to provide comments.

  

ARTICLE 28.6

Early Information on Planned Regulatory Measures

1.
   Each Party shall make publicly available, at least on an annual basis, a list of planned major
[87](#footnote87)
 regulatory measures that its regulatory authority reasonably expect to adopt within the year.

2.
   With respect to each of the regulatory measures included in the list referred to in paragraph 1, each Party should also make publicly available:

(a)
   a brief description of its scope and objectives; and

(b)
   the estimated time for its adoption including, if possible, the period for public consultation.

  

ARTICLE 28.7

Public Consultations

1.
   When developing a major regulatory measure, each Party shall, in accordance with its rules and procedures:

(a)
   publish either a draft regulatory measure or consultation documents that provides sufficient details about the new regulatory measure under preparation in order to allow any person to assess whether and how its interests might be significantly affected;

(b)
   offer reasonable opportunities for any person, on a non-discriminatory basis, to provide comments; and

(c)
   consider the comments received.

2.
   Each Party should make use of electronic means of communication and seek to use a dedicated single access point for providing information related to public consultations, including on how to provide comments.

3.
   Each Party shall make publicly available any comments it receives, as well as a summary of the results of the consultations. This obligation does not apply to the extent necessary to protect confidential information or personal data, or to withhold inappropriate content.

ARTICLE 28.8

Regulatory Impact Assessment

1.
   Each Party shall promote that its regulatory authority, in accordance with the applicable rules and procedures, carries out regulatory impact assessments when developing major regulatory measures.

2.
   When carrying out an regulatory impact assessment in accordance with paragraph 1, the regulatory authority of each Party shall establish and maintain processes and mechanisms that promote the consideration of the following factors:

(a)
   the need for a regulatory measure, including the nature and significance of the problem the regulatory measure is intended to address;

(b)
   any feasible and appropriate regulatory and non-regulatory alternatives, including the option of not regulating, that would achieve the public policy objective of that Party;

  

(c)
   to the extent possible and relevant, the potential costs and benefits and social, economic and environmental impact of those alternatives, including on international trade and investment and on small and medium-sized enterprises; recognising that some costs and benefits are difficult to quantify and to express in monetary terms;

(d)
   how the options under consideration relate to relevant international standards, including the reason for any divergence, where appropriate; and

(e)
   how the public policy objectives are best achieved in terms of effectiveness and efficiency.

3.
   When carrying out an regulatory impact assessment in accordance with paragraph 1, the regulatory authority shall rely on the best reasonably obtainable evidence including scientific, technical, economic or other information.

4
   With respect to any regulatory impact assessment that a regulatory authority has carried out for a regulatory measure, the Party concerned shall prepare a final report that sets out in detail the factors the regulatory authority considered in its assessment and the relevant findings. Such report shall be made publicly available no later than the date the regulatory measure is made publicly available.

  

ARTICLE 28.9

Retrospective Evaluation

1.
   The regulatory authority of each Party shall maintain processes or mechanisms to promote periodic retrospective evaluations or reviews of its regulatory measures at intervals it deems appropriate.

2.
   When conducting a periodic retrospective evaluation the regulatory authorities of a Party shall consider whether there are opportunities to more effectively achieve public policy objectives and to reduce unnecessary regulatory burdens, including on small and medium-sized enterprises. On the basis of those periodic retrospective evaluations, each Party should determine whether its regulatory measures should be modified, streamlined, expanded or repealed.

3.
   Each Party shall make publicly available its plans for and the results of such periodic retrospective evaluations.

  

ARTICLE 28.10

Regulatory Register

Each Party shall ensure, in accordance with its rules and procedures, that regulatory measures, which are in effect are available on a single, freely accessible website. That website should allow searches for regulatory measures by citation or by word and be periodically updated.

ARTICLE 28.11

Contact Point

1.
   The contact points for communication between the Parties on matters arising under this Chapter are:

(a)
   in the case of Mexico, the General Directorate for International Trade Disciplines of the Undersecretariat of Foreign Trade of the Ministry of Economy, (Dirección General de Disciplinas de Comercio Internacional de la Subsecretaría de Comercio Exterior de la Secretaría de Economía) or its successor; and

(b)
   in the case of the European Union, the Directorate-General for Trade, or its successor.

  

2.
   Each contact point is responsible for consulting and coordinating within its respective regulatory authority, as appropriate, on matters arising under this Chapter.

3.
   Each Party shall notify the other Party of the contact details of its contact point and promptly notify the other Party of any changes to those contact details.

ARTICLE 28.12

Cooperation and Exchange of Information

1.
   The Parties shall cooperate in order to facilitate the implementation of this Chapter. This may include the organisation of any relevant activities, including mutual assistance, to strengthen cooperation between their regulatory authorities.

2.
   No later than one year after the date of entry into force of this Agreement, the Parties shall exchange information on their existing rules and procedures on good regulatory practices and, if applicable, on any steps taken for the implementation of this Chapter.

  

ARTICLE 28.13

Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) concerning the application or interpretation of the provisions of this Chapter.

  

CHAPTER 29

SMALL AND MEDIUM-SIZED ENTERPRISES

ARTICLE 29.1

Objective

The Parties recognise the importance of enhancing cooperation on matters relevant for small and medium-sized enterprises (hereinafter referred to as "SMEs") by the means provided for in this Chapter as well as by other provisions of this Agreement that may otherwise be of particular benefit to SMEs.

ARTICLE 29.2

Information Sharing

1.
   Each Party shall establish or maintain a publicly accessible website containing information regarding this Agreement, including:

(a)
   the text of this Agreement, including all annexes;

  

(b)
   a summary of this Agreement; and

(c)
   information designed for use by SMEs that shall contain:

(i)
   a description of the provisions of this Agreement that the Party considers to be relevant for SMEs of both Parties; and

(ii)
   any additional information that the Party considers useful for SMEs interested in benefitting from the opportunities provided under this Agreement.

2.
   Each Party shall include in the website referred to in paragraph 1 links to:

(a)
   the equivalent website of the other Party; and

(b)
   the websites of its government authorities and other appropriate entities that the Party considers would provide useful information to SMEs interested in trading or doing business in that Party.

3.
   The websites referred to in subparagraph 2(b) shall include information related to the following:

(a)
   customs laws and regulations, and procedures for importation, exportation and transit as well as forms and documents required therefor;

  

(b)
   laws and regulations, and procedures concerning intellectual property rights;

(c)
   technical regulations and, in cases where third party conformity assessment is mandatory as provided for in Chapter 9 (Technical Barriers to Trade), mandatory conformity assessment procedures and links to lists of conformity assessment bodies;

(d)
   sanitary and phytosanitary measures relating to importation and exportation;

(e)
   rules on public procurement, a database containing public procurement notices and the relevant provisions of Chapter 21 (Public Procurement);

(f)
   business registration procedures; and

(g)
   other information which the Party considers to be useful to SMEs.

4.
   Each Party shall include in the website referred to in paragraph 1 a link to a database that is electronically searchable by tariff nomenclature code. That database shall:

(a)
   include the following information with respect to access of goods to its market:

(i)
   rates of customs duties and tariff rate quotas, if applicable, concerning most-favoured nation and non most-favoured nation countries as well as preferential rates of customs duties and tariff rate quotas;

  

(ii)
   excise duties;

(iii)
   value added tax;

(iv)
   customs charges or other fees, including product-specific fees;

(v)
   rules of origin as provided for in Chapter 3 (Rules of Origin and Origin Procedures); and

(vi)
   criteria used to determine the customs value of goods; and

(b)
   endeavour to include the following information with respect to access of goods to its market:

(i)
   other tariff measures;

(ii)
   duty drawback, deferral or other types of relief that reduce, refund or waive customs duties;

(iii)
   if applicable, country of origin marking requirements, including placement and method of marking;

  

(iv)
   information required for import procedures; and

(v)
   information related to non-tariff measures.

5.
   Each Party shall regularly update the information and links provided pursuant to paragraphs 1 to 4 to ensure they are accurate.

6.
   Each Party shall ensure that the information provided in accordance with this Article is presented in a manner adequate for the use of SMEs. Each Party shall endeavour to make the information available in English.

7.
   A Party shall not apply any fee for access to the information provided pursuant to paragraphs 1 to 4 to any person of a Party.

ARTICLE 29.3

SME Contact Points

1.
   Each Party shall designate a contact point ("SME Contact Point") in charge of the functions set out in this Article and shall notify the other Party of its contact details. The Parties shall promptly notify each other of any changes to those contact details.

  

2.
   The SME Contact Points shall:

(a)
   ensure that the needs of SMEs are taken into account in the implementation of this Agreement and consider ways to increase trade and investment opportunities for SMEs by strengthening cooperation between the Parties on SME matters;

(b)
   identify ways and exchange information for SMEs of the Parties to take advantage of new opportunities created under this Agreement;

(c)
   ensure that the information included in the websites referred to in Article 29.2 is up-to-date and relevant for SMEs, and consider including in those websites any additional information that an SME Contact Point may recommend;

(d)
   address any other matter of interest to SMEs in connection with the implementation of this Agreement with regards to SMEs, including by:

(i)
   exchanging information;

(ii)
   participating, if appropriate, in the work of the sub-committees and working groups established under this Agreement, and presenting to those sub-committees and working groups, in their respective specific areas of activity, matters and recommendations of particular interest to SMEs, while avoiding duplication of work programmes; and

(iii)
   identifying and proposing possible mutually acceptable solutions for improving the ability of SMEs to engage in trade and investment between the Parties;

(e)
   report periodically on their activities for the consideration of the Trade Committee; and

(f)
   consider any other matter arising under this Agreement pertaining to SMEs as the Parties may agree.

3.
   SME Contact Points shall meet as necessary and shall carry out their work through the appropriate communication channels agreed by the SME Contact Points which may include electronic mail, videoconferencing or other electronic communication means.

4.
   SME Contact Points may seek to cooperate with experts and external organisations, as appropriate, in carrying out their activities.

ARTICLE 29.4

Non-Application of Dispute Settlement

A Party shall not have recourse to dispute settlement under Chapter 31 (Dispute Settlement) concerning the interpretation or application of the provisions of this Chapter.

  

CHAPTER 30

RAW MATERIALS

ARTICLE 30.1

Definitions

For the purposes of this Chapter:

(a)
   "authorisation" means the permission, license, concession or similar administrative or contractual instrument by which the competent authority of a Party entitles an entity to exercise a certain economic activity in its territory;

(b)
   "entity" refers to any natural person or enterprise or group thereof; and

(c)
   "raw materials" means substances used in the manufacture of industrial products, excluding processed fishery products and agricultural products, which consist of salt, sulphur, earths and stone, plastering materials, lime and cement (HS 25); ores, slag and ash (HS 26); goods included in HS 27; inorganic chemicals (HS 28); organic chemicals (HS 29); fertilisers (HS 31); natural rubber (HS 40); raw hides, skins and leather (HS 41); and basic and precious metals and processed minerals (ex HS 71, 72; 74-76; 78-81), excluding uranium and thorium (HS 26.12) and radioactive elements and isotopes (HS 28.44, 28.45).

  

ARTICLE 30.2

Principles

1.
   Each Party retains the sovereign right to determine whether areas are available for exploration and production of raw materials in its territory, determined in accordance with its law and the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.

2.
   In accordance with the provisions of this Chapter, the Parties reserve their right to adopt, maintain and enforce measures necessary to pursue legitimate public policy objectives, such as securing the supply of raw materials, protecting society, the environment, public health and consumers, and promoting public security and safety.

ARTICLE 30.3

Export and Import Monopolisation

A Party shall not designate or maintain an import or export monopoly for raw materials. For the purposes of this Article, import or export monopoly means the exclusive right or grant of authority by a Party to an entity to import or export raw materials to the other Party
[88](#footnote88)
.

  

ARTICLE 30.4

Export Pricing

A Party shall not adopt or maintain a higher price for exports of raw materials to the other Party than the price charged for those goods when destined for the domestic market, by means of any measure.

ARTICLE 30.5

Domestic Pricing

1.
   The Parties may only regulate the price of the domestic supply of raw materials (hereinafter referred to as "regulated price") by imposing a public service obligation.

2.
   If a Party imposes a public service obligation, it shall ensure that the obligation:

(a)
   is clearly defined, transparent and proportionate; and

(b)
   is not maintained if the circumstances or objectives giving rise to its imposition no longer exist.

3.
   A Party regulating the price shall ensure the publication of the methodology underlying the calculation of the regulated price referred to in paragraph 2 prior to its entry into force.

  

ARTICLE 30.6

Cooperation on Raw Materials

The Parties shall cooperate in the area of raw materials with a view to, among others:

(a)
   reducing or eliminating measures distorting trade and investment in third countries affecting raw materials;

(b)
   coordinating their positions in international fora where trade and investment issues related to raw materials are discussed and fostering international programmes in the areas of raw materials;

(c)
   fostering exchange of market data in the area of raw materials;

(d)
   promoting corporate social responsibility in accordance with international standards, such as the OECD Guidelines for Multinational Enterprises and the respective Due Diligence Guidance;

(e)
   promoting research, development, innovation and training in relevant fields of common interest in the area of raw materials;

(f)
   fostering the exchange of information and best practices on domestic policy developments; and

(g)
   promoting the efficient use of resources, including improving production processes as well as durability, reparability, design for disassembly, ease of reuse and recycling of goods.

  

CHAPTER 31

Dispute Settlement

Section A

Objective and Scope

ARTICLE 31.1

Objective

The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.

  

ARTICLE 31.2

Scope

Unless otherwise provided, this Chapter applies with respect to any dispute between the Parties concerning the interpretation or application of the provisions of this Agreement (hereinafter referred to as "covered provisions"), if a Party considers that a measure
[89](#footnote89)
 of the other Party is inconsistent with any covered provision.

ARTICLE 31.3

Definitions

For the purposes of this Chapter the definitions set out in Annexes 31-A (Rules of Procedure) and 31-B (Code of Conduct for Panellists and Mediators) apply.

  

ARTICLE 31.4

Choice of Forum

1.
   If a dispute arises regarding a measure allegedly inconsistent with an obligation under this Agreement and a substantially equivalent obligation under another international agreement to which both Parties are party, including the WTO Agreement, the Party seeking redress shall select the forum in which to settle the dispute.

2.
   Once a Party has initiated dispute settlement procedures under this Section or under another international agreement, that Party shall not initiate dispute settlement procedures in another forum with respect to the measure referred to in paragraph 1, unless the forum selected first fails to make findings for procedural or jurisdictional reasons.

3.
   For the purposes of this Article:

(a)
   dispute settlement procedures under this Section are deemed to be initiated by a Party's request for the establishment of a panel pursuant to Article 31.6;

(b)
   dispute settlement procedures under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel pursuant to Article 6 of the DSU; and

(c)
   dispute settlement procedures under any other agreement are deemed to be initiated in accordance with the relevant provisions of that agreement.

4.
   Without prejudice to paragraph 2, nothing in this Agreement shall preclude a Party from suspending obligations authorised by the Dispute Settlement Body of the WTO or authorised under the dispute settlement procedures of another international agreement to which the Parties are party. The WTO Agreement or any other international agreement between the Parties shall not be invoked to preclude a Party from suspending obligations under this Agreement.

Section B

Consultations

ARTICLE 31.5

Consultations

1.
   The Parties shall endeavour to resolve any dispute referred to in Article 31.2 by entering into consultations in good faith with the aim of reaching a mutually agreed solution.

  

2.
   A Party shall seek consultations by means of a written request to the other Party identifying the measure at issue and the covered provisions that it considers applicable.

3.
   The Party to which the request for consultations is made shall promptly reply to the request and in any case no later than 10 days after the date of its receipt. Consultations shall be held no later than 30 days after the date of receipt of the request and take place, unless the Parties agree otherwise, in the territory of the Party to which the request is made. Consultations shall be deemed concluded 30 days after the date of receipt of the request unless the Parties agree to continue consultations.

4.
   Consultations on matters of urgency, including those regarding perishable goods, shall be held within 15 days after the date of receipt of the request. Consultations shall be deemed concluded within those 15 days unless the Parties agree to continue consultations.

5.
   During consultations each Party shall provide to the other Party sufficient factual information to allow a complete examination of the manner in which the measure at issue could affect the application of this Agreement. Each Party shall endeavour to ensure the participation of personnel of its competent governmental authorities who have expertise in the matter subject to consultations.

6.
   Consultations, and in particular positions taken by the Parties during consultations, shall be confidential and without prejudice to the rights of either Party in any further proceedings. Each Party shall protect any confidential information received in the course of consultations as requested by the Party providing the information.

  

7.
   If the Party to which the request is made does not respond to the request for consultations within 10 days after the date of its receipt, if consultations are not held within the timeframes set out in paragraphs 3 or 4, if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 31.6.

Section C

Panel Procedures

ARTICLE 31.6

Establishment of a Panel

1.
   If the Parties fail to resolve the dispute through recourse to consultations as provided for in Article 31.5, the Party that sought consultations may request the establishment of a panel.

2.
   The request for the establishment of a panel shall be made by means of a written request to the other Party. The complaining Party shall identify in its request the measure at issue and explain how that measure is inconsistent with the covered provisions in a manner sufficient to present the legal basis for the complaint clearly.

  

3.
   A panel shall be established upon delivery of the request.

ARTICLE 31.7

Composition of a Panel

1.
   A panel shall be composed of three panellists.

2.
   Within 15 days after the date of receipt of the written request for the establishment of a panel by the Party complained against, the Parties shall consult with a view to agreeing on the composition of the panel. For that purpose, each Party shall, within 10 days after the date of receipt of the written request pursuant to Article 31.6, designate a panellist, who may be a national of that Party, and propose to the other Party up to three candidates to serve as chairperson. The Parties shall endeavour to agree on the chairperson from among the chairperson candidates within 15 days after the date of receipt of the written request pursuant to Article 31.6. A Party may object to a panellist designated by the other Party if it considers that such individual does not comply with the requirements set out in Article 31.9.

3.
   If the Parties fail to agree on the composition of the panel within the time period set out in paragraph 2, the Parties shall apply the procedures set out in the following paragraphs to compose a panel.

  

4.
   Each Party shall, within seven days after the expiry of the time period set out in paragraph 2, appoint a panellist from its sub-list referred to in Article 31.8.

5.
   If the complaining Party fails to appoint a panellist within the period specified in paragraph 4, the dispute settlement proceedings shall lapse at the end of that period.

6.
   If the responding Party fails to appoint a panellist within the period specified in paragraph 4, the complaining Party may request an appointing authority listed in the Rules of Procedure in Annex 31-A to select the panellist by lot. The appointing authority shall select the panellist by lot from the sub-list of the responding Party referred to in Article 31.8 within 15 days after the receipt of the request of the complaining Party.

7.
   If the Parties fail to agree on the chairperson within the time period set out in paragraph 2, the complaining Party or, in case of procedures pursuant to Article 31.18, either Party, may request an appointing authority listed in the Rules of Procedure in Annex 31-A to select by lot the chairperson of the panel from the sub-list of individuals who shall serve as chairpersons referred to in Article 31.8, within seven days after the expiry of that time period. The appointing authority shall select the chairperson within 15 days after the receipt of the request of that Party.

8.
   For the purposes of paragraphs 6 and 7, the appointing authorities listed in the Rules of Procedure in Annex 31-A shall select the panellists in accordance with the provisions of this Chapter and the Rules of Procedure in Annex 31-A.

  

9.
   If any of the lists referred to in Article 31.8 have not been adopted by the Trade Committee, the panellists or chairperson shall be appointed from the individuals who have been designated by one or both Parties and notified in writing to the other Party.

ARTICLE 31.8

Lists of Panellists

1.
   The Trade Committee shall, no later than six months after the date of entry into force of this Agreement, adopt a list of at least 15 individuals who are willing and able to serve as panellists. The list shall be composed of the three following sub-lists:

(a)
   a sub-list of individuals of the European Union;

(b)
   a sub-list of individuals of Mexico; and

(c)
   a sub-list of individuals who shall serve as chairperson of the panel.

2.
   Each sub-list shall include at least five individuals. The sub-list referred to in subparagraph 1(c) shall not contain individuals that are nationals of either Party.

  

3.
   The Trade Committee may adopt additional lists of individuals with expertise in specific sectors covered by this Agreement. Subject to the agreement of the Parties, such additional lists shall be used to compose the panel in accordance with the procedure set out in Article 31.7.

ARTICLE 31.9

Requirements for Panellists

1.
   Each panellist shall:

(a)
   have demonstrated expertise in law, international trade, and other matters covered by this Agreement, such as the resolution of disputes arising under other international trade agreements;

(b)
   be independent of, and not be affiliated with or take instructions from, either Party;

(c)
   serve in his or her individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute; and

(d)
   comply with the Code of Conduct for Panellists and Mediators in Annex 31-B.

2.
   The chairperson shall also have experience in dispute settlement procedures.

3.
   In view of the subject-matter of a particular dispute, the Parties may agree to derogate from the requirements listed in subparagraph 1(a).

ARTICLE 31.10

Functions of the Panel

The panel:

(a)
   shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case, and the applicability of the covered provisions and the conformity of the measures at issue with the covered provisions;

(b)
   shall set out, in its decisions and reports, the findings of fact, the applicability of the covered provisions, the basic rationale for any findings and conclusions and, if the parties have jointly requested them, any recommendations; and

(c)
   should regularly consult with the Parties and provide adequate opportunities for the development of a mutually agreed solution.

  

ARTICLE 31.11

Terms of Reference

1.
   Unless the Parties agree otherwise, within five days after the date of appointment of the last panellist, the terms of reference of the panel shall be:

"to examine, in the light of the relevant provisions of this Agreement cited by the Parties, the matter referred to in the request for the establishment of the panel; to make findings on the conformity of the measure at issue with the provisions of this Agreement referred to in Article 31.2 (Scope); to make recommendations, if the parties have jointly requested them; and to deliver a report in accordance with Articles 31.13 (Interim Report) and 31.14 (Final Report)."

2.
   If the Parties agree on other terms of reference, they shall notify the agreed terms of reference to the panel within the time period set out in paragraph 1.

  

ARTICLE 31.12

Decision on Urgency

1.
   If a Party so requests no later than five days from the date of the request of establishment of the panel, the panel shall decide, within 10 days of the appointment of the last panellist, whether the case concerns matters of urgency. The other Party shall have the opportunity to comment on the request within five days of the date of the delivery of such request.

2.
   In cases of urgency, the applicable time periods set out in Section C shall be half the time prescribed therein, except for the time periods referred to in Articles 31.6 and 31.11.

ARTICLE 31.13

Interim Report

1.
   The panel shall deliver an interim report to the Parties within 90 days after the date of the appointment of the last panellist. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its interim report. The panel shall under no circumstances deliver its interim report later than 120 days after the date of the appointment of the last panellist.

  

2.
   Each Party may deliver to the panel a written request to review precise aspects of the interim report within 10 days of its receipt. A Party may comment on the other Party's request within six days of its delivery.

ARTICLE 31.14

Final Report

1.
   The panel shall deliver its final report to the Parties within 120 days after the date of establishment of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its final report. The panel shall under no circumstance deliver its final report later than 150 days after the date of establishment of the panel.

2.
   The final report shall include a discussion of any written request by the Parties on the interim report and clearly address any comments thereto. After considering any written request and comments by the Parties on the interim report, the panel may modify its report and make any further examination it considers appropriate.

3.
   The ruling of the panel in the final report shall be final and binding on the Parties.

  

ARTICLE 31.15

Compliance Measures

1.
   The Parties recognise the importance of prompt compliance with the findings and conclusions of the panel in the final report in order to ensure an effective resolution of the dispute. The Party complained against shall take any measures necessary to promptly comply with the findings and conclusions in the final report in order to bring itself into compliance with the covered provisions.

2.
   The Party complained against shall, no later than 30 days after receipt of the final report, deliver a notification to the complaining Party of the measures which it has taken, or which it envisages to take, to comply.

3.
   Unless the Parties reach a mutually agreed solution pursuant to Article 31.33, the resolution of a dispute shall require the removal of any measures inconsistent with this Agreement.

  

ARTICLE 31.16

Reasonable Period of Time

1.
   If immediate compliance is not possible, the Party complained against shall, no later than 30 days after receipt of the final report, deliver to the complaining Party a notification of the reasonable period of time it will require for compliance. The Parties shall endeavour to agree on a reasonable period of time to comply with the final report. The reasonable period of time should not exceed 15 months from the delivery of the final report under Article 31.14.

2.
   If the Parties do not agree on a reasonable period of time, the complaining Party may, at the earliest 20 days after receipt of the notification in paragraph 1, request in writing the original panel to determine the reasonable period of time. The panel shall deliver its decision to the Parties within 20 days after the date of receipt of the request.

3.
   The Party complained against shall deliver a written notification of its progress in complying with the final report to the complaining Party at least one month before the expiry of the reasonable period of time.

4.
   The Parties may agree to extend the reasonable period of time.

ARTICLE 31.17

Compliance Review

1.
   The Party complained against shall, no later than the date of expiry of the reasonable period of time, deliver a notification to the complaining Party of any measures taken to comply with the final report.

2.
   When the Parties disagree on the existence of measures taken to comply or their consistency with the covered provisions, the complaining Party may deliver a written request to the original panel to decide on the matter. The request shall identify any measures at issue and explain how those measures would be inconsistent with the covered provisions in a manner sufficient to present the legal basis for the complaint clearly. The panel shall deliver its decision to the Parties within 60 days after the date of receipt of the request.

  

ARTICLE 31.18

Temporary Remedies

1.
   The Party complained against shall, upon request by and after consultations with the complaining Party, present an offer for temporary compensation if:

(a)
   the Party complained against delivers a notification to the complaining Party that it is not possible to comply with the final report; or

(b)
   the Party complained against fails to deliver a notification of any measure taken to comply within the deadline referred to in Article 31.15 or by the date of expiry of the reasonable period of time; or

(c)
   the panel finds that no measure taken to comply exists or that the measure taken to comply is inconsistent with the covered provisions.

2.
   Under any of the conditions referred to in subparagraphs 1(a) to (c), the complaining Party may deliver a written notification to the Party complained against that it intends to suspend the application of obligations under the covered provisions if:

(a)
   the complaining Party decides not to make a request pursuant to paragraph 1; or

  

(b)
   when a request pursuant to paragraph 1 is made, the Parties do not agree on the temporary compensation within 20 days after:

(i)
   the date of the notification of the Party complained against that it is not possible to comply with the final report;

(ii)
   the expiry of the reasonable period of time; or

(iii)
   the delivery of the panel decision pursuant to Article 31.17.

3.
   The notification shall specify the level of intended suspension of obligations. In considering what benefits to suspend, the complaining Party should first seek to suspend benefits in the same sector or sectors as that or those affected by the measure that the panel has found to be inconsistent with this Agreement or cause nullification or impairment. The suspension of concessions or other obligations may be applied to sectors covered by this Chapter other than the one or ones in which the panel has found nullification or impairment, in particular if the complaining Party is of the view that such suspension in the other sector is practicable or effective in inducing compliance. The level of the suspension of concessions or other obligations shall not exceed the level equivalent to the nullification or impairment caused by the violation.

4.
   The complaining Party may suspend the obligations 15 days after the date of delivery of the notification referred to in paragraph 2, unless the Party complained against has made a request under paragraph 5.

  

5.
   If the Party complained against considers that the notified level of suspension of concessions or other obligations exceeds the level equivalent to the nullification or impairment caused by the violation, it may deliver a written request to the original panel before the expiry of the 15-day period set out in paragraph 4 to decide on the matter. The panel shall determine the level of benefits it considers to be equivalent and shall deliver its decision to the Parties within 30 days after the date of the request. The complaining Party shall not suspend any obligations until the panel has delivered its decision. The suspension of obligations shall be consistent with this decision.

6.
   The suspension of obligations or the compensation referred to in this Article shall be temporary and shall not be applied after:

(a)
   the Parties have reached a mutually agreed solution pursuant to Article 31.33;

(b)
   the Parties have agreed that the measure taken to comply brings the Party complained against into conformity with the covered provisions; or

(c)
   any measure taken to comply which the panel found to be inconsistent with the covered provisions has been withdrawn or amended so as to bring the Party complained against into conformity with those provisions.

  

ARTICLE 31.19

Review of any Measure Taken to Comply 
  
after the Adoption of Temporary Remedies

1.
   The Party complained against shall deliver a notification to the complaining Party of any measure taken to comply following the suspension of obligations or following the application of temporary compensation, as the case may be. With the exception of cases under paragraph 2, the complaining Party shall terminate the suspension of obligations within 30 days after the receipt of the notification. In cases where compensation has been applied, and with the exception of cases under paragraph 2, the Party complained against may terminate the application of such compensation within 30 days after receipt of its notification that it has complied.

2.
   If the Parties do not reach an agreement on whether the notified measure brings the Party complained against into conformity with the covered provisions within 30 days of the date of receipt of the notification, the complaining Party shall deliver a written request to the original panel to decide on the matter. The panel shall deliver its decision to the Parties within 60 days after the date of the receipt of the request. If the panel finds that the measure taken to comply is in conformity with the covered provisions, the suspension of obligations or compensation, as the case may be, shall be terminated. If relevant, the level of suspension of obligations or of compensation shall be adjusted in light of the panel decision.

  

ARTICLE 31.20

Replacement of Panellists

If during dispute settlement procedures a panellist is unable to participate, withdraws or needs to be replaced because he or she does not comply with the requirements of the Code of Conduct for Panellists and Mediators in Annex 31-B, a new panellist shall be appointed in accordance with Article 31.7 and the Rules of Procedure in Annex 31-A. The time period for the delivery of the report or decision shall be extended as necessary until the appointment of the new panellist.

ARTICLE 31.21

Rules of Procedure

1.
   Panel procedures under this Section shall be governed by this Chapter and the Rules of Procedure in Annex 31-A.

2.
   The Rules of Procedure shall ensure in particular that:

(a)
   Parties have the right to at least one hearing before the panel at which each Party may present its views orally;

  

(b)
   each Party has an opportunity to provide an initial written submission and a written rebuttal;

(c)
   subject to the protection of confidential information, each Party makes available to the public its written submissions, written version of an oral statement and written responses to a request or question from the panel, if any, as soon as possible after those documents are submitted and no later than the date of delivery of the final report; and

(d)
   the panel and the Parties treat as confidential any information submitted by a Party to the panel.

2.
   Any hearing of the panel shall be open to the public, unless otherwise agreed by the Parties.

ARTICLE 31.22

Suspension and Termination

1.
   At the request of both Parties, the panel shall suspend its work at any time for a time period agreed by the Parties and not exceeding 12 consecutive months. The panel shall resume its work before the end of the suspension period at the written request of both Parties, or on the last day of the suspension period at the written request of either Party. The requesting Party shall deliver a notification to the other Party accordingly.

  

2.
   If neither Party requests the resumption of the panel's work before the end of the expiry of the suspension period, the authority of the panel shall lapse and the dispute settlement procedures shall be terminated. This shall be without prejudice to the Party's right to initiate new proceedings on the same matter.

3.
   If the work of the panel is suspended, the relevant time periods under this Section shall be extended by the same time period for which the work of the panel was suspended.

ARTICLE 31.23

Receipt of Information

1.
   At the request of a Party or on its own initiative, the panel may seek from the Parties information it considers necessary and appropriate. The Parties shall promptly and fully respond to any request by the panel for such information.

2.
   On request of a Party or on its own initiative, the panel may seek any information it deems appropriate from any source. The panel also has the right to seek the opinion or technical advice from experts, as it deems appropriate, and subject to any terms and conditions agreed by the Parties, where applicable.

  

3.
   The panel shall consider amicus curiae submissions from natural persons of a Party or legal persons established in a Party in accordance with the Rules of Procedure in Annex 31-A.

4.
   Any information obtained by the panel pursuant to this Article shall be disclosed to the Parties and the Parties may provide comments on that information.

ARTICLE 31.24

Rules of Interpretation

1.
   The panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. The panel shall also take into account relevant interpretations in reports of WTO panels and of the Appellate Body adopted by the Dispute Settlement Body of the WTO.

2.
   Reports and decisions of the panel shall not add to or diminish the rights and obligations of the Parties under this Agreement.

  

ARTICLE 31.25

Reports and Decisions of the Panel

1.
   The deliberations of the panel shall be kept confidential. The panel shall make every effort to draft reports and take decisions by consensus. If that is not possible, the panel shall decide the matter by majority vote. In no case shall separate opinions of panellists be disclosed.

2.
   The decisions and reports of the panel shall be accepted unconditionally by the Parties. They shall not create any rights or obligations with respect to natural or legal persons.

3.
   Each Party shall make the reports and decisions of the panel publicly available as soon as possible after the date of delivery to the Parties, subject to the protection of confidential information.

  

SECTION D

Mediation Mechanism

ARTICLE 31.26

Objective

The objective of the mediation mechanism is to facilitate the finding of a mutually agreed solution through a comprehensive and expeditious procedure with the assistance of a mediator.

ARTICLE 31.27

Initiation of the Mediation Procedure

1.
   A Party may at any time request the other Party, in writing, to enter into a mediation procedure with respect to any measure of that Party adversely affecting trade or investment between the Parties. Consultations are not required before initiating the mediation procedure.

  

2.
   The request shall be sufficiently detailed to clearly present the concerns of the requesting Party and shall:

(a)
   identify the measure at issue;

(b)
   provide a statement of the adverse effects that the requesting Party considers the measure has, or will have, on trade or investment between the Parties; and

(c)
   explain how the requesting Party considers that those effects are linked to the measure.

3.
   The mediation procedure may only be initiated by mutual agreement of the Parties. The Party to which the request is made shall give sympathetic consideration to the request and deliver its written acceptance or rejection to the requesting Party within 10 days after its receipt. Otherwise the request shall be regarded as rejected.

ARTICLE 31.28

Selection of the Mediator

1.
   The Parties shall endeavour to agree on a mediator, if possible, no later than 15 days after the receipt of the acceptance of the request.

  

2.
   In the event that the Parties are unable to agree on a mediator within the time period set out in paragraph 1, either Party may request an appointing authority listed in the Rules of Procedure in Annex 31-A to select the mediator by lot, within five days after the request, from the sub-list of individuals who shall serve as chairpersons referred to in Article 31.8.

3.
   If the sub-list of individuals who shall serve as chairpersons referred to in Article 31.8 has not been adopted by the Trade Committee at the time a request is made pursuant to Article 31.27, the mediator shall be drawn by lot from the individuals designated by one or both Parties for that sub‑list, as the case may be.

4.
   A mediator shall not be a national of either Party or employed by either Party, unless the Parties agree otherwise.

5.
   A mediator shall comply with the Code of Conduct for Panellists and Mediators in Annex 31‑B.

  

ARTICLE 31.29

Rules of the Mediation Procedure

1.
   Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver to the mediator and to the other Party a detailed written description of its concerns, in particular relating to the operation of the measure at issue and its possible adverse effects on trade or investment between the Parties. Within 20 days after the receipt of this description, the other Party may deliver written comments on this description.

2.
   The mediator shall assist the Parties in a transparent manner in bringing clarity to the measure at issue and its possible adverse effects on trade or investment between the Parties. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders, and provide any additional support requested by the Parties. The mediator shall consult with the Parties before seeking the assistance of, or consulting with, relevant experts and stakeholders.

3.
   The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement.

  

4.
   The mediation procedure shall take place in the territory of the Party to which the request to enter into a mediation procedure was addressed or, by mutual agreement, in any other location or by any other means of communication.

5.
   The Parties shall endeavour to reach a mutually agreed solution within 60 days after the appointment of the mediator. In reaching such solution, the Parties may consider the completion of any necessary internal procedures. Pending a final agreement, the Parties may consider possible interim solutions, in particular if the measure relates to perishable goods.

6.
   On request of either Party, the mediator shall deliver a draft factual report to the Parties providing:

(a)
   a brief summary of the measure at issue;

(b)
   the procedures followed; and

(c)
   any mutually agreed solution reached, including any possible interim solutions.

7.
   The mediator shall allow the Parties 15 days to comment on the draft factual report. After considering the comments of the Parties, the mediator shall, within 15 days, deliver a final factual report to the Parties. The factual report shall not include any interpretation of this Agreement.

  

8.
   The procedure shall be terminated:

(a)
   by the adoption of a mutually agreed solution by the Parties, on the date of the adoption thereof;

(b)
   by mutual agreement of the Parties at any stage of the procedure, on the date of that agreement;

(c)
   by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or

(d)
   by a written declaration of a Party after having explored mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

ARTICLE 31.30

Confidentiality

1.
   Unless the Parties agree otherwise, all steps of the mediation procedure, including any advice or proposed solution, are confidential. Each Party may disclose to the public the fact that mediation is taking place.

  

2.
   If agreed by the Parties, mutually agreed solutions shall be made publicly available. The version disclosed to the public shall not contain any information a Party has designated as confidential.

ARTICLE 31.31

Relation to Dispute Settlement Procedures

1.
   The mediation procedure is without prejudice to the Parties' rights and obligations under Sections B and C or dispute settlement procedures under any other agreement. For greater certainty, a mediation procedure may be initiated or continue while panel procedures are in progress.

2.
   A Party shall not rely on or introduce as evidence in other dispute settlement procedures under this Agreement or any other agreement, nor shall a panel take into consideration:

(a)
   positions taken by the other Party in the course of the mediation procedure or information exclusively gathered in accordance with paragraph 2 of Article 31.29;

(b)
   the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or

(c)
   advice given or proposals made by the mediator.

  

3.
   Unless the Parties agree otherwise, a mediator shall not serve as a panellist in dispute settlement procedures under this Agreement or under any other agreement involving the same matter for which he or she has been a mediator.

Section E

Common Provisions

ARTICLE 31.32

Request for Information

1.
   Before a request for consultations or mediation is made pursuant to Article 31.5 or 31.27, respectively, a Party may request information regarding a measure adversely affecting trade or investment between the Parties. The Party to which such request is made shall, within 20 days after the receipt of the request, deliver a written response with its comments on the requested information.

2.
   A Party is normally expected to request information pursuant to paragraph 1 prior to requesting consultations or initiating a mediation procedure or the other relevant cooperation or consultations procedures under this Agreement.

  

ARTICLE 31.33

Mutually Agreed Solution

1.
   The Parties may reach a mutually agreed solution at any time with respect to any dispute covered by Article 31.2.

2.
   If a mutually agreed solution is reached during the panel or mediation procedure, or during any other alternative means of dispute resolution agreed by the Parties, including procedures involving good offices or conciliation, the Parties shall jointly notify that solution to the chairperson of the panel or the mediator, as the case may be. Upon such notification, the panel or mediation procedure shall be terminated.

3.
   Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period.

4.
   No later than the date of expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.

ARTICLE 31.34

Time Periods

1.
   All time periods set out in this Chapter shall be counted in calendar days from the day following that on which the act referred to occurred.

2.
   Any time period referred to in this Chapter may be modified by mutual agreement of the Parties.

3.
   Under Section C, the panel may at any time propose to the Parties to modify any time period referred to in this Chapter, stating the reasons for the proposal.

ARTICLE 31.35

Costs

1.
   Each Party shall bear its own expenses derived from the participation in the panel or mediation procedure.

  

2.
   The Parties shall be jointly liable for the expenses derived from organisational matters, including the remuneration and expenses of the panellists and of the mediator, and shall share them equally. The remuneration of the panellists shall be determined in accordance with the Rules of Procedure in Annex 31-A. The remuneration of the mediator shall be determined in accordance with that provided for a chairperson of a panel in accordance with the Rules of Procedure in Annex 31-A.

ARTICLE 31.36

Administration of the Dispute Settlement Procedure

1.
   Each Party shall:

(a)
   designate an office which shall be responsible for the administration of the dispute settlement procedures under this Chapter; and

(b)
   notify the other Party in writing of the office's location and contact information within three months after the entry into force of this Agreement.

2.
   Each Party shall be responsible for the operation and costs of its respective designated office.

  

3.
   Notwithstanding paragraph 1, the Parties may agree to jointly entrust an external body with providing support for certain administrative tasks for the dispute settlement procedure under this Chapter.

ARTICLE 31.37

Private Rights

A Party shall not provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.

ARTICLE 31.38

Modification of Annexes

The Trade Council may modify Annexes 31-A (Rules of Procedure) and 31-B (Code of Conduct for Panellists and Mediators).

  

CHAPTER 32

EXCEPTIONS

ARTICLE 32.1

General Exceptions

1.
   Article XX of GATT 1994, including its Notes and Supplementary Provisions, is incorporated into and made part of this Agreement, and applies mutatis mutandis to Chapters 2 (Trade in Goods), 3 (Rules of Origin and Origin Procedures), 4 (Customs and Trade Facilitation), 6 (Sanitary and Phytosanitary Measures), 8 (Energy), 9 (Technical Barriers to Trade), 22, (State-Owned Enterprises, Enterprises Granted Special Rights or Privileges and Designated Monopolies), 10 (Investment Liberalisation), and Chapter 30 (Raw Materials).

2.
   The Parties share the understanding that:

(a)
   the measures referred to in Article XX (b) of GATT 1994 include environmental measures
[90](#footnote90)
, which are necessary to protect human, animal or plant life or health; and

  

(b)
   Article XX (g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

3.
   If a Party intends to take any measures in accordance with Article XX (i) and (j) of GATT 1994, that Party shall provide the other Party with:

(a)
   all relevant information; and

(b)
   upon request, a reasonable opportunity for consultation with respect to any matter related to such measure, with a view to seeking a mutually acceptable solution.

The Parties may agree on any means necessary to resolve the matters subject to consultation referred to in subparagraph 3(b).

If exceptional and critical circumstances requiring immediate action make prior information or consultation impossible, the Party intending to take the measures concerned may immediately take the measures necessary to address those circumstances and shall immediately inform the other Party thereof.

  

4.
   Article XIV (a), (b) and (c) of GATS is incorporated into and made part of this Agreement, and applies mutatis mutandis to Chapters 11 (Cross-Border Trade in Services), 12 (Temporary Presence of Natural Persons for Business Purposes), 13 (Domestic Regulation), 14 (Mutual Recognition of Professional Qualifications), 16 (Telecommunications services), 17 (International Maritime Transport Services), 18 (Financial Services), 19 (Digital Trade), 22 (State-Owned Enterprises, Enterprises Granted Special Rights or Privileges and Designated Monopolies) and in Chapter 10 (Investment Liberalisation).

5.
   The Parties share the understanding that the measures referred to in Article XIV (b) of GATS include environmental measures
[91](#footnote91)
 necessary to protect human, animal or plant life or health.

ARTICLE 32.2

Taxation

1.
   For the purposes of this Article:

(a)
   "residence" means residence for tax purposes; and

(b)
   "tax convention" means a convention for the avoidance of double taxation or any other international agreement or arrangement relating wholly or mainly to taxation to which either Party is party.

  

2.
   Nothing in this Agreement shall affect the rights and obligations of a Party under a tax convention. In the event of any inconsistency between this Agreement and any tax convention, the tax convention shall prevail to the extent of the inconsistency.

3.
   Articles 10.8 (Most-Favoured-Nation Treatment), 11.7 (Most-Favoured-Nation Treatment), 18.4 (Most-Favoured Nation-Treatment) and paragraph 4 of Article 18.7 (Cross Border Trade in Financial Services) do not apply to an advantage accorded by a Party pursuant to a tax convention.

4.
   Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties, if like conditions prevail, or a disguised restriction on trade and investment, nothing in this Agreement shall be construed as preventing a Party from adopting, maintaining or enforcing any measure aimed at ensuring the equitable or effective imposition or collection of direct taxes that:

(a)
   distinguish between taxpayers, who are not in the same situation, in particular with regard to their place of residence or the place where their capital is invested; or

(b)
   aim at preventing the avoidance or evasion of taxes pursuant to the provisions of any tax convention or domestic tax legislation.

  

ARTICLE 32.3

Disclosure of Information

1.
   Nothing in this Agreement shall be construed as requiring a Party to make available confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

2.
   The disclosure of information throughout the dispute settlement proceedings under this Agreement shall be governed by the provisions of the applicable chapters.

3.
   When a Party submits information to the other Party under this Agreement, including through the bodies established under this Agreement, which is considered as confidential under the laws and regulations of the submitting Party, the other Party shall treat that information as confidential, unless the submitting Party agrees otherwise.

  

ARTICLE 32.4

WTO Waivers

If a right or obligation established by a provision of this Agreement duplicates one in the WTO Agreement, any measure taken in conformity with a waiver decision adopted pursuant to paragraphs 3 and 4 of Article IX of the WTO Agreement is deemed to be in conformity with the provision in this Agreement.

ARTICLE 32.5

Security Exception

Nothing in this Agreement shall be construed:

(a)
   to require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or

(b)
   to prevent a Party from taking an action which it considers necessary for the protection of its essential security interests:

(i)
   connected to the production of or traffic in arms, ammunition and implements of war and to such traffic or transactions in other goods and materials, carried out directly or indirectly for the purpose of supplying a military establishment;

(ii)
   relating to the supply of services and technology, and to economic activities, carried out directly or indirectly for the purpose of supplying a military establishment;

(iii)
   relating to fissionable and fusionable materials or the materials from which they are derived;

(iv)
   taken in time of war or other emergency in international relations;

(c)
   to prevent a Party from taking any action in order to carry out its international obligations under the UN Charter for the purpose of maintaining international peace and security.

CHAPTER 33

INSTITUTIONAL AND FINAL PROVISIONS

SECTION A

Institutional Provisions

ARTICLE 33.1

The Trade Council

1.
   A Trade Council is hereby established. The Trade Council shall:

(a)
   oversee the fulfilment of the objectives of this Agreement;

(b)
   supervise the operation and implementation of this Agreement; and

(c)
   examine any matters arising within the framework of this Agreement;

  

The Trade Council shall be composed of representatives of the Union with responsibility for trade and investment matters, of the one part, and of representatives of the Ministry of Economy of Mexico, of the other, at ministerial level, or by their designees. It shall be co-chaired by a representative of the Union and a representative of Mexico.

2.
   The Trade Council may modify, in fulfilment of the objectives of this Agreement:

(a)
   Annex 2-A (Tariff Elimination Schedule) and Annex 2-E (Relevant measures on Wines Products and Spirits);

(b)
   Chapter 3 (Rules of Origin and Origin Procedures) including Annexes 3-A to 3-D;

(c)
   the relevant lists and schedules of Mexico pursuant to paragraph 6 of Article 10.12 (Non‑Conforming Measures and Exceptions) and paragraph 4 of Article 11.8 (Non-Conforming Measures and Exceptions);

(d)
   Annex 21-A (Covered Procurement of the European Union) and Annex 21-B (Covered Procurement of Mexico);

(e)
   Annex 25-B (List of Geographical Indications);

(f)
   Annex 31-A (Rules of Procedure) and Annex 31-B (Code of Conduct for Panellists and mediators);

3.
   The Trade Council may also, in fulfilment of the objectives of this Agreement:

(a)
   adopt binding interpretations of the provisions of this Agreement;

(b)
   take such other decision as provided for in this Agreement; and

(c)
   take any other action in the exercise of its functions as the Parties may agree.

4.
   The Trade Council shall establish its own rules of procedure.

5.
   The decisions and recommendations of the Trade Council shall be adopted by consent between the Parties, following the completion of their respective internal procedures necessary for the adoption. The decisions shall be binding on the Parties, which shall take all necessary measures to implement them. Each Party shall implement, in accordance with its applicable legal procedures, any modification referred to in subparagraph 2(a) within such period as the Parties may agree.

6.
   The Trade Council shall meet as mutually agreed, on a date and with an agenda agreed in advance by the Parties, in Brussels and Mexico City alternately. Special meetings may be convened, by mutual agreement, on request of a Party. Meetings may also be held by any technological means available to the Parties.

  

7.
   The Trade Council shall meet three years after entry into force of this Agreement to discuss:

(a)
   amendments to Chapter 8;

(b)
   amendments to the following tariff lines in Annex 2-A-2:

(i)
   TRQ beef: tariff lines: 0201 20 20, 0201 20 30, 0201 20 50, 0201 20 90, 0201 30 00, 0202 20 10, 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 10, 0202 30 50, 0202 30 90, 0210 20 10 and 0210 20 90,

(ii)
   TRQ offals of bovine: tariff lines: 0206 10 95, 0206 29 91 and 0210 99 51,

(iii)
   TRQ poultry: tariff lines: ex 0207 13 10, 0207 13 20, 0207 13 50, 0207 13 60, 0207 13 70, ex 0207 14 10, 0207 14 20, 0207 14 50, 0207 14 60, 0207 14 70, 0207 27 10, 1602 32 11, 1602 32 19, 1602 32 30 and 1602 32 90,

(iv)
   TRQs ethanol: tariff lines: 2207 10 00, 2207 20 00 and 2208 90 99;

(c)
   The possibility to review the product specific rules of origin of chapter 28, chapter 38 (tariff sub-heading 3824 90), chapter 85 (tariff heading 8507) and chapter 87 (tariff headings 8701 to 8707) of Section B of Annex 3-A, with a view to potentially aligning the rules applicable to Mexico to those applicable to the EU, taking into account, among others, an assessment of the relevant market for electric vehicles at that time.

  

ARTICLE 33.2

The Trade Committee

1.
   A Trade Committee is hereby established. The Trade Committee shall be responsible for the general implementation of this Agreement.

2
   The Trade Committee shall be composed of senior level representatives of the Union with responsibility for trade and investment matters, on the one part, and of representatives of the Ministry of Economy of Mexico, on the other, in accordance with the respective requirements of each Party or by their designees. It shall be co-chaired by a representative of the Union and a representative of Mexico.

3.
   The Trade Committee shall:

(a)
   assist the Trade Council in the performance of its functions;

(b)
   be responsible for the proper implementation and application of the provisions of this Agreement and for the evaluation of the results obtained from its application;

(c)
   without prejudice to Chapter 31 (Dispute Settlement), seek to prevent and solve differences or disputes that may arise regarding the interpretation or application of this Agreement;

  

(d)
   supervise the work of the Sub-Committees and other bodies established under this Agreement; and

(e)
   discuss ways to further enhance trade and investment between the Parties.

4.
   In the performance of its duties under paragraph 3, the Trade Committee may:

(a)
   establish additional Sub-Committees and other bodies from those established in this Agreement, composed of representatives of the Parties, and assign them responsibilities within its competence and decide to modify the functions that are assigned to the Sub‑Committees and other bodies it establishes, as well as dissolve them;

(b)
   recommend the adoption of decisions in compliance with the specific objectives of this Agreement to the Trade Council, including the modifications referred to in subparagraph 2(a) of Article 33.1 (The Trade Council), or adopt such decisions and to exercise the functions of the Trade Council as provided for in this Agreement in the intervals between the meetings of the Trade Council or when the Trade Council cannot meet; and

(c)
   take any other action in the exercise of its functions as the Parties may agree or as instructed by the Trade Council.

5.
   The Trade Committee shall establish its own rules of procedure.

6.
   The decisions and recommendations of the Trade Committee shall be adopted by consent between the Parties in accordance with its rules of procedure, following the completion of their respective internal procedures necessary for the adoption. The decisions shall be binding on the Parties, which shall take all necessary measures to implement them.

7.
   The Trade Committee shall meet as mutually agreed, on a date and with an agenda agreed in advance by the Parties, in Brussels and Mexico City alternately. Special meetings may be convened, by mutual agreement, on request of a Party. Meetings may also be held by any technological means available to the Parties.

ARTICLE 33.3

Coordinators

1.
   Each Party shall designate a coordinator for this Agreement and notify the other Party thereof within sixty days after the entry into force of this Agreement.

2.
   The coordinators shall:

(a)
   facilitate communications between the Parties on any matter covered by this Agreement, as well as other contact points established thereunder;

  

(b)
   jointly prepare agendas and make all other necessary preparations for the meetings of the Trade Council and the Trade Committee in accordance with this Article; and

(c)
   follow-up on the decisions of the Trade Council and the Trade Committee, as appropriate.

ARTICLE 33.4

Sub-Committees and Other Bodies

1.
   The Parties hereby establish the following sub-committees and other bodies, which shall be composed of representatives of the Union, of the one part, and of representatives of Mexico, of the other:

(a)
   Committee on Trade in Goods

(b)
   Sub-Committee on Agriculture

(c)
   Sub-Committee on Trade in Wine and Spirits

(d)
   Sub-Committee on Customs, Trade Facilitation and Rules of Origin

(e)
   Sub-Committee on Sanitary and Phytosanitary Measures

  

(f)
   Joint Working Group on Animal Welfare and Antimicrobial Resistance

(g)
   Sub-Committee on Technical Barriers to Trade

(h)
   Sub-Committee on Services and Investment

(i)
   Sub-Committee on Financial Services

(j)
   Sub-Committee on Public Procurement

(k)
   Sub-Committee on Intellectual Property

(l)
   Sub-Committee on Trade and Sustainable Development

2.
   The Trade Committee shall adopt rules of procedure which determine the composition, duties and functioning of the sub-committees and other bodies.

3.
   Except as otherwise provided for in this Agreement or agreed between the Parties, sub‑committees and other bodies shall meet as needed or on request of either Party or of the Trade Committee. Meetings shall take place in person or by any technological means available to the Parties. When in person, meetings shall be held in Brussels and Mexico City alternately.

4.
   Sub-committees and other bodies shall be co-chaired by a representative of the Union and a representative of Mexico.

  

5.
   The sub-committees and other bodies referred to in paragraph 1 shall report on their activities to the Trade Committee and may make appropriate recommendations in the cases provided for under this Agreement. Recommendations shall be made by mutual consent.

6.
   The establishment of any of the sub-committees or other bodies shall not prevent either Party from bringing any matter directly to the Trade Committee.

ARTICLE 33.5

Domestic Advisory Groups

1.
   Each Party shall designate one or more Domestic Advisory Group(s) within a year after the entry into force of this Agreement.

2.
   The Domestic Advisory Group(s) shall advice the Party concerned on matters covered by this Agreement.

3.
   If more than one Domestic Advisory Group is designated, each Domestic Advisory Group may have different members but shall comprise a balanced representation of independent civil society organisations including non-governmental organisations, business organisations and trade unions active on economic, sustainable development, social, human rights, environmental and other matters.

  

4.
   Each Party shall meet with its Domestic Advisory Group(s) at least once a year. Each Party shall consider views or recommendations submitted by its Domestic Advisory Group(s) on matters of relevance to this Agreement.

5.
   In order to promote public awareness of the Domestic Advisory Group(s), each Party shall publish the list of organisations participating therein as well as a contact point for each Domestic Advisory Group.

6.
   The Parties shall encourage their respective Domestic Advisory Groups to interact with each other.

ARTICLE 33.6

Civil Society Forum

1.
   The Parties shall facilitate the organisation of a Civil Society Forum with participants of the Parties to conduct a public dialogue on matters of relevance to this Agreement.

2.
   The Civil Society Forum shall meet in conjunction with the meeting of the Trade Committee. The Parties may also facilitate participation in the Civil Society Forum by technological means.

  

3.
   The Civil Society Forum shall be open for the participation of independent civil society organisations established in the territories of the Parties, including members of each Domestic Advisory Group referred to in Article 33.5 (Domestic Advisory Groups). The Parties shall promote a balanced representation of independent civil society organisations including non-governmental organisations, business organisations and trade unions active on economic, sustainable development, social, human rights, environmental and other matters.

4.
   The representatives of the Parties participating in the Trade Committee may, as appropriate, take part in a session of the meeting of the Civil Society Forum in order to present information on matters pertaining to the functioning of this Agreement and to engage in a dialogue with the Civil Society Forum.

5.
   That session shall be chaired by the co-chairs of the Trade Committee or their representatives, as appropriate. Each Party shall publish the formal statements that it delivered at the Civil Society Forum.

  

SECTION B

Final Provisions

ARTICLE 33.7

Territorial Application

1.
   Unless otherwise specified, this Agreement shall apply with respect to the European Union, to the territories to which the TEU and the TFEU apply and under the conditions laid down in those Treaties. The provisions concerning the tariff treatment of goods, rules of origin and origin procedures, also apply to the customs territory of the European Union not covered by the first sentence. The term "territory" in Chapter 4 (Customs and Trade Facilitation) and Articles 2.7 (Goods re-entered after Repair or Alteration), 2.13 (Temporary Admission of Goods) and 25.66 (Border Enforcement Measures Related to Intellectual Property Rights) of this Agreement shall be understood, in relation to the Union, to refer to the customs territory of the European Union. The customs territory of the European Union is the territory referred to in Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code
[92](#footnote92)
.

  

2.
   Unless otherwise specified, this Agreement shall apply with respect to Mexico, to the land territory, air space, internal waters, territorial sea and any areas beyond the territorial seas of Mexico within which Mexico may exercise sovereign rights and jurisdiction, as determined by its domestic law, consistent with the UN Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.

ARTICLE 33.8

Amendments

1.
   This Agreement may be amended by written agreement between the Parties. Any amendment shall enter into force on the date agreed by the Parties and upon completion of their respective legal requirements and procedures.

2.
   Notwithstanding paragraph 1, this Agreement may be amended in the cases specified in this Agreement by a decision of the Trade Council, or the Trade Committee, to modify provisions of or annexes to this Agreement.

  

ARTICLE 33.9

Entry into Force

1.
   This Agreement shall be signed and approved by the Parties in accordance with their respective internal procedures.

2.
   This Agreement shall enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of the internal procedures for that purpose.

3.
   Notifications made in accordance with this Article shall be sent, for the European Union, to the General Secretariat of the Council of the European Union and, for Mexico, to the Mexican Ministry of Foreign Affairs, who shall be the depositories of this Agreement.

ARTICLE 33.10

Relation to Other Agreements

1.
   Titles III to V of the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997, shall be repealed and replaced by this Agreement. The Decisions of the Joint Council or the Joint Committee listed in Annex 33 shall be replaced by this Agreement upon its entry into force.

  

2.
   References to the aforementioned Decisions in all other agreements between the Parties shall be construed as referring to this Agreement.

3.
   By way of exception from Article 33.16 (Duration and Termination) and unless otherwise agreed by the Parties, decisions and recommendations adopted by the bodies established under Articles 33.1, 33.2 and 33.4 of this Agreement shall remain in force and continue to produce effects under the Modernised Global Agreement. Upon the entry into force of the Modernised Global Agreement, the decisions and recommendations of the Trade Council shall be considered to be decisions and recommendations of the Joint Council established under Article 1.2 of Part IV of the Modernised Global Agreement and decisions and recommendations of the Trade Committee shall be considered to be decisions and recommendations of the Joint Committee established under Article 1.3 of Part IV of the Modernised Global Agreement.

4.
   Notwithstanding Article 33.16(1):

(a)
   temporary measures adopted pursuant to Articles 2.24(7) and 20.4 of this Agreement, which are in place on the date of entry into force of the Modernised Global Agreement, shall remain applicable until their natural expiration;

(b)
   bilateral safeguard measures adopted pursuant to Section C of Chapter 5 of this Agreement which are in place on the date of entry into force of the Modernised Global agreement, shall remain applicable until their natural expiration;

  

(c)
   dispute settlement procedures already initiated pursuant to Article 31.6 of this Agreement shall, as from the date of entry into force of the Modernised Global Agreement, be deemed to be a dispute under the Modernised Global Agreement and shall continue until their completion; and

(d)
   the binding outcome of any dispute settlement procedure initiated pursuant to Article 31.6 of this Agreement shall remain binding on the Parties after the date of entry into force of the Modernised Global Agreement.

5.
   Notwithstanding Article 33.16(1), the Parties to this Agreement shall not be able to bring dispute settlement proceedings under the Modernised Global Agreement on matters that have been the subject of a final panel report under Chapter 31 of this Agreement.

6.
   Notwithstanding Article 33.16(1), transitional periods already completely or partially elapsed under this Agreement shall be taken into account when calculating transitional periods provided for in equivalent provisions under the Modernised Global Agreement. Such transitional periods under the Modernised Global Agreement shall be calculated starting from the date of entry into force of this Agreement.

7.
   Notwithstanding Article 33.16(1), procedural periods which have already completely or partially elapsed under this Agreement shall be taken into account when calculating procedural periods provided for in equivalent provisions of the Modernised Global Agreement

  

ARTICLE 33.11

Annexes, Protocols and Joint Declarations

1.
   The annexes, including their appendices, protocols and notes, and joint declarations to this Agreement shall form an integral part thereof.

2.
   Each Annex to this Agreement, including its appendices, identified by a code starting with an Arabic number, shall form an integral part of the chapter of this Agreement that is identified with the same Arabic number and in which reference is made to that particular Annex.

3.
   Annexes I to VII to this Agreement, including their appendices, which are identified by a Roman number, shall form an integral part of Chapters 10 to 19 of this Agreement. Unless otherwise provided, the definitions set out in Chapters 10 to 19 apply equally to those annexes.

ARTICLE 33.12

Accession of New Member States to the European Union

1.
   The European Union shall promptly inform Mexico of any request by a third country to accede the European Union.

  

2.
   The European Union shall notify Mexico of the entry into force of any treaty concerning the accession of a third country to the European Union (hereinafter referred to as the "Accession Treaty").

3.
   During the negotiations between the European Union and the third country seeking accession, the European Union shall:

(a)
   provide, on request of Mexico, and to the extent possible, any information regarding any matter covered by this Agreement; and

(b)
   take into account any concerns expressed by Mexico in relation to the matters covered under this Agreement.

4.
   The Trade Committee shall:

(a)
   examine, sufficiently in advance of the date of accession, any effects of such accession on this Agreement; and

(b)
   before the entry into force of the accession of the third country to the European Union, address the effects of such accession on this Agreement and agree on any necessary amendments, adjustments or transitional measures relating to this Agreement, to allow for its application by the Parties to the extent possible as of the date of accession of the new Member State to the European Union.

  

5.
   Decisions of the Trade Committee shall be adopted in accordance with Article 33.2.6 (Trade Committee).

ARTICLE 33.13

Future Accessions to this Agreement

This Agreement is open to accession by any State that is prepared to comply with the obligations set out in this Agreement, subject to such terms and conditions as may be agreed between the State and the Parties, and following approval in accordance with the applicable legal procedures of each Party and the acceding State.

ARTICLE 33.14

Private Rights

Nothing in this Agreement shall be construed as conferring rights or imposing obligations on persons other than those created between the Parties under public international law or, without prejudice to the domestic legislation of Mexico, as permitting this Agreement to be directly invoked in the domestic legal systems of the Parties.

  

ARTICLE 33.15

Authentic Texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

ARTICLE 33.16

Duration and Termination

1.
   This Agreement shall remain in force until the entry into force of the Modernised Global Agreement.

2.
   The European Union or Mexico may notify, in writing, the other Party of its intention to terminate this Agreement. The termination shall take effect six months after the date of receipt of that notification.

:   [(1)](#footnoteref1)
       For the purposes of this definition, the terms "subsidiaries", "branches" and, where applicable, "affiliates" have the meaning for a Party as defined by its law.
:   [(2)](#footnoteref2)
       For Mexico, the general rules, acts or omissions of the Telecommunication Regulatory Commission (Comisión Reguladora de Telecomunicaciones (CRT)) may only be challenged through an indirect amparo trial before federal courts specialised in competition, broadcasting and telecommunications and shall not be subject to a suspension order.
:   [(3)](#footnoteref3)
       Administrative fees do not include payments for rights to use scarce resources and mandated contributions to universal service provision.
:   [(4)](#footnoteref4)
       For Mexico, the general rules, acts or omissions of the Telecommunication Regulatory Commission (Comisión Reguladora de Telecomunicaciones (CRT)) may only be challenged through an indirect amparo trial before federal courts specialised in competition, broadcasting and telecommunications and shall not be subject to a suspension order.
:   [(5)](#footnoteref5)
       Nothing in this paragraph shall preclude a Party from requiring that a major supplier provides interconnection at cost-oriented rates. "Cost-oriented rates" means rates based on cost, which may include a reasonable profit, and may involve different cost methodologies for different facilities or services.
:   [(6)](#footnoteref6)
       The Parties recognise that the term "prudential reasons" includes the maintenance of the safety, soundness, integrity or financial responsibility of individual financial service suppliers.
:   [(7)](#footnoteref7)
       The competent authorities can meet this requirement by informing an applicant in advance in writing, including through a published measure, that lack of response after a specified period of time from the date of submission of the application indicates either acceptance or rejection of the application. For greater certainty, informing in writing may include in electronic form.
:   [(8)](#footnoteref8)
       For greater certainty, that opportunity does not require a competent authority to grant an extension of deadlines.
:   [(9)](#footnoteref9)
       Authorisation fees include licensing fees and fees relating to qualification procedures. They do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.
:   [(10)](#footnoteref10)
       This provision does not apply to contracts:(a)
       that create or transfer rights in real estate;(b)
       requiring by law the involvement of courts, public authorities or professions exercising public authority;(c)
       of suretyship granted and contracts on collateral securities furnished by persons acting for purposes outside their trade, business, craft or profession, as required by law; and(d)
       governed by family law or by the law of succession.
:   [(11)](#footnoteref11)
       In the case of the European Union, those measures may be taken by a Member State of the European Union in situations other than those referred to in Article 20.4, which affect the economy of that Member State.
:   [(12)](#footnoteref12)
       For greater certainty, serious balance-of-payments or external financial difficulties, or threat thereof, as referred to in subparagraph 1(a) may be caused among other factors by serious macroeconomic difficulties related to monetary and exchange rate policies, or threat thereof, as referred to in subparagraph 1(b).
:   [(13)](#footnoteref13)
       The first exchange of information shall take place one year after the entry into force of this Agreement.
:   [(14)](#footnoteref14)

       For greater certainty, this excludes activities undertaken by an enterprise: (a) which operates on a not-for-profit basis; or (b) which operates on a cost recovery basis.
:   [(15)](#footnoteref15)
       For greater certainty, this Chapter does not apply to natural monopolies unless they are designated within the meaning of subparagraph 1(d).
:   [(16)](#footnoteref16)
       For greater certainty, services supplied in the exercise of governmental authority include services supplied by a central bank, a monetary authority, a financial regulatory body or a resolution authority of a Party.
:   [(17)](#footnoteref17)
       For the establishment of ownership or control, all relevant legal and factual elements shall be examined on a case-by-case basis.
:   [(18)](#footnoteref18)

       This includes carrying out a legitimate public service mandate.
:   [(19)](#footnoteref19)
       For greater certainty: a) the term "resolution" is interpreted in accordance with the law of the Party in which the financial institution or other legal entity is established, b) the financial institution or other legal entity does not engage in any commercial activity which is not directly related to its resolution purposes.
:   [(20)](#footnoteref20)
       If no comparable financial services are offered in the commercial market: (a) for the purposes of subparagraphs (a)(ii) and (b)(ii), the state-owned enterprise may rely as necessary on available evidence to establish a benchmark of the terms on which such services would be offered in the commercial market; and (b) for the purposes of subparagraphs (a)(i) and (b)(i), the supply of the financial services shall be deemed not to be intended to displace commercial financing.
:   [(21)](#footnoteref21)
       For greater certainty, the only forum to determine whether a measure of a Party is applied in accordance with that Party's rights and obligations under the WTO Agreement is the dispute settlement mechanism under the DSU.
:   [(22)](#footnoteref22)
       For greater certainty, this Article does not apply with respect to the purchase or sale of shares, stock or other forms of equity by a state-owned enterprise, an enterprise granted special rights or privileges or a designated monopoly as a means of its equity participation in another enterprise.
:   [(23)](#footnoteref23)
       For greater certainty, the impartiality with which the regulatory body or competent authority exercises its regulatory functions is to be assessed by reference to a general pattern or practice of that regulatory body or competent authority.
:   [(24)](#footnoteref24)
       For greater certainty, for those sectors in which the Parties have agreed to specific obligations relating to the regulatory body or competent authority in other Chapters, the relevant provision in those other Chapters shall prevail.
:   [(25)](#footnoteref25)
       For greater certainty, the term "practices" does not include the reasons for an appointment, dismissal or remuneration of senior executives and members of the board of directors or any other equivalent body.
:   [(26)](#footnoteref26)
       For greater certainty, competition law in the EU applies to the agricultural sector in accordance with Regulation 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 347, 20.12.2013, p. 671. For greater certainty, the Ley Federal de Competencia Económica (Federal Economic Competition Law), published in the Diario Oficial de la Federación (Official Journal of the Federation) on 23 May 2014, applies to all sectors in Mexico for which the competition authorities elaborate their own regulations, criteria or guidelines in accordance with the 2013 Constitutional amendments, published in the Diario Oficial de la Federación (Official Journal of the Federation) on 11 June 2013.
:   [(27)](#footnoteref27)
       For the purposes of this Article, an enforcement procedure means a judicial or administrative procedure following an investigation into the alleged violation of the competition law.
:   [(28)](#footnoteref28)
       This definition is without prejudice to the outcome of future discussions in the WTO on the definition of subsidies for services. Depending on the progress of those discussions, the Trade Council may adopt a decision to adapt this Agreement in this respect.
:   [(29)](#footnoteref29)
       Subparagraph 1(d) applies to subsidies of 500 000 special drawing rights and above.
:   [(30)](#footnoteref30)
       For greater certainty, the publication of a subsidy or subsidy programme on the website does not prejudge its legal status or the nature of the program itself.
:   [(31)](#footnoteref31)
       For greater certainty, a Party is deemed to fulfil this obligation if it has set up the appropriate legislative framework and administrative procedures to that effect.
:   [(32)](#footnoteref32)
       For the purposes of this Chapter, the definition of nationals in the TRIPS Agreement applies.
:   [(33)](#footnoteref33)
       For the purposes of this provision, "protection" shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in this Chapter.
:   [(34)](#footnoteref34)
       This is without prejudice to Article 11 of the Rome Convention.
:   [(35)](#footnoteref35)
       "Fixation" means the embodiment of sounds or moving images, or of the representation thereof, from which they can be perceived, reproduced or communicated by means of a device.
:   [(36)](#footnoteref36)
       For Mexico this provision is without prejudice to the requirement to comply with its obligations under its Telecommunication and Broadcasting Law ("Ley en Materia de Telecomunicaciones y Radiodifusión"), as published in the Official Journal on 16 July 2025.
:   [(37)](#footnoteref37)
       Each Party may grant to performers and producers of phonograms more extensive rights as regards the broadcasting and communication to the public of phonograms published for commercial purposes.
:   [(38)](#footnoteref38)
       For the purpose of this Article, "communication to the public" does not include the making available to the public of a phonogram, by wire or wireless means, in such a way that members of the public may access it from a place and at a time individually chosen by them.
:   [(39)](#footnoteref39)
       A Party may decide that the application of this paragraph requires that both contributions were specifically created for the respective musical composition with words.
:   [(40)](#footnoteref40)
       A Party may decide that the music must be specifically created for the use in the cinematographic or audiovisual work.
:   [(41)](#footnoteref41)
       For greater certainty, each Party shall choose between the option referred to in subparagraphs (a) and (b) or the alternative referred to in subparagraphs (c) and (d), based on its domestic legislation.
:   [(42)](#footnoteref42)
       A Party may express this participation as a percentage of the resale price.
:   [(43)](#footnoteref43)
       A Party may establish minimum conditions for the application of the resale right.
:   [(44)](#footnoteref44)
       Each Party shall make all reasonable efforts to adopt an adversarial procedure for the opposition.
:   [(45)](#footnoteref45)

       A Party may provide that the entitlement of the proprietor of the trademark shall lapse if, during the proceedings to determine whether there was a breach of the registered trademark, evidence is provided by the declarant or the holder of the goods that the proprietor of the registered trademark is not entitled to prohibit the placing of the goods on the market in the country of final destination.
:   [(46)](#footnoteref46)
       For greater certainty, a Party may define cancellation as revocation, expiration or nullity.
:   [(47)](#footnoteref47)
       A Party may require that the use is of genuine character or made in a quantity or manner corresponding to commercial use. A Party may further decide to disregard the commencement or resumption of use just before the filing of the cancellation request.
:   [(48)](#footnoteref48)
       For greater certainty, a Party may also cancel a trademark if, as a consequence of the use made of it by the proprietor of the trademark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public.
:   [(49)](#footnoteref49)
       The fair use of descriptive terms includes the use of a sign to indicate the geographic origin of the goods or services, where such use is in accordance with honest practices in industrial or commercial matters.
:   [(50)](#footnoteref50)
       If the law of a Party so provides, individual character of industrial designs may also be required.
:   [(51)](#footnoteref51)
       The Parties recognise that, for the purpose of assessment of trademark applications, insofar as this is relevant under the law of a Party, those names are protected in the country of origin.
:   [(52)](#footnoteref52)
       As regards the list of geographical indications set out in Annex 25-B (List of Geographical Indications), the protection provided in accordance with this Article does not cover individual terms which are part of a compound geographical indication name as set out in Appendix 25‑B-1 (Individual Terms as Part of a Compound Geographical Indication).
:   [(53)](#footnoteref53)
       For the purposes of this subparagraph, the authorities of a Party may take into account, as appropriate, whether the term is used in relevant international standards recognised by the Party to refer to a type or class of good in the territory of the Party.
:   [(54)](#footnoteref54)
       For greater certainty, this includes all past and future amendments of the Spirits Agreement.
:   [(55)](#footnoteref55)
       Mexico may make those technical specifications publicly available in Spanish or English.
:   [(56)](#footnoteref56)
       Mexico shall implement the obligations provided for in this Article no later than two years after the entry into force of this Agreement.
:   [(57)](#footnoteref57)
       Each Party shall determine which products fall under the terms "pharmaceutical products" and "biologic products" in accordance with its law in place on 21 April 2018.
:   [(58)](#footnoteref58)
       For greater certainty, the term "marketing approval" is equivalent to the term "marketing authorisation".
:   [(59)](#footnoteref59)
       For the purposes of this Article, an unreasonable delay includes at least a delay of more than two years in the first response to the applicant following the date of filing of the application for marketing approval. Any delays that occur in the granting of a marketing approval due to periods attributable to the applicant or any period that is out of control of the marketing approval authority need not be included in the determination of such delay.
:   [(60)](#footnoteref60)
       If a Party complies with this paragraph, that Party is not obliged to comply with the alternative provided in paragraph 3.
:   [(61)](#footnoteref61)
       This period can be extended for six months in the case of pharmaceutical products if paediatric studies have been carried out and the results of those studies are reflected in the product information.
:   [(62)](#footnoteref62)
       Mexico shall implement this provision no later than four years after the date of entry into force of this Agreement.
:   [(63)](#footnoteref63)
       For greater certainty, a Party may provide those legal means through criminal procedures in accordance with its law.
:   [(64)](#footnoteref64)
       A Party may consider not to apply these procedures if the conduct contrary to honest commercial practices is carried out, in accordance with its law, with a view to revealing misconduct, wrongdoing or an illegal activity or for the purpose of protecting a legitimate interest recognised by its law.
:   [(65)](#footnoteref65)
       For greater certainty, the criteria provided in the laws and regulations of each Party contain the breach of a duty to limit the use of a trade secret.
:   [(66)](#footnoteref66)
       For greater certainty, the European Union considers that the following situations do not fall under paragraph 2:(a)
       independent discovery or creation by a person of the relevant information;(b)
       reverse engineering of a product by a person who is lawfully in possession of it and who is free from any legally valid duty to limit the acquisition of the relevant information;(c)
       acquisition, use or disclosure of information required or allowed by the law of a Party;(d)
       use by employees of their experience and skills honestly acquired in the normal course of their employment; or(e)
       disclosure of information in the exercise of the right to freedom of expression and information.
:   [(67)](#footnoteref67)
       Mexico shall implement this obligation no later than two years after the entry into force of this Agreement.
:   [(68)](#footnoteref68)
       For the purposes of this Article, the term "new" implies that the products contain a new chemical entity that has not been previously approved in the territory of the Party or refers to a new biologic or biotechnological product that has not been previously approved in the territory of the Party.
:   [(69)](#footnoteref69)
       Each Party shall determine which products fall under the terms "pharmaceutical products" and "biologic products" in accordance with its law in place on 21 April 2018.
:   [(70)](#footnoteref70)
       For the purposes of this paragraph, a Party may provide that the term "product" refers to the same or a similar product.
:   [(71)](#footnoteref71)
       For greater certainty, this includes data submitted for authorisations granted to the person that submitted such information in the territories of the Parties and of third countries.
:   [(72)](#footnoteref72)
       For greater certainty, a Party may limit the period of protection under this paragraph to six years.
:   [(73)](#footnoteref73)
       A Party may provide that, for biologic products, the protection of undisclosed data referred to in this Article applies only to the first marketing approval of the new biologic product.
:   [(74)](#footnoteref74)
       Mexico shall implement this obligation no later than two years after the entry into force of this Agreement.
:   [(75)](#footnoteref75)
       For purposes of this article, the term "marketing approval" is synonymous with "sanitary approval" under the law of a Party.
:   [(76)](#footnoteref76)
       For purposes of this article, the term "new" implies that the product contains a new chemical entity that has not been previously approved in the territory of the Party.
:   [(77)](#footnoteref77)
       For greater certainty, this Article applies to cases in which the Party requires the submission of undisclosed test or other data concerning only the safety of the product, only the efficacy of the product or both.
:   [(78)](#footnoteref78)
       For greater certainty, a Party may limit the period of protection pursuant to this Article to 10 years.
:   [(79)](#footnoteref79)
       Mexico may limit that authority to criminal procedures, in accordance with its law.
:   [(80)](#footnoteref80)
    (a)
       "any other person" means a person who was:(i)
       found in possession of the infringing goods on a commercial scale;(ii)
       found to be using the infringing services on a commercial scale;(iii)
       found to be providing on a commercial scale services used in infringing activities; or(iv)
       indicated by the person referred to in subparagraph (i) to (iii) as being involved in the production, manufacture or distribution of the infringing goods or the provision of the infringing services;(b)
       "information" shall, as appropriate, comprise:(i)
       the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers; or
       The European Union may decide that:(ii)
       information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.
:   [(81)](#footnoteref81)
       Mexico may limit the authority to order the communication of bank, financial or commercial documents to criminal procedures in accordance with its law. Each Party may limit this authority to infringements committed on a commercial scale and situations where the applicant demonstrates the existence of circumstances likely to endanger the recovery of damages.
:   [(82)](#footnoteref82)
       A Party may provide that the initiation of a procedure to claim damages is not subject to a final finding of a violation of intellectual property rights.
:   [(83)](#footnoteref83)
       For the purposes of this chapter, the term "labour" means the strategic objectives of the ILO under the Decent Work Agenda, which is expressed in the ILO Declaration on Social Justice for a Fair Globalization of 2008.
:   [(84)](#footnoteref84)
       These instruments include, among others and as they may apply: the UN Convention on the Law of the Sea, the FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, the UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
:   [(85)](#footnoteref85)
       For greater certainty, for the review and correction of an administrative action, a Party may require the exhaustion of the available administrative remedies.
:   [(86)](#footnoteref86)

       For the European Union, such principles include those included in and derived from the TFEU.
:   [(87)](#footnoteref87)
       For greater certainty, a "major regulatory measure" means a measure that has a significant regulatory impact as determined by each Party, in accordance with its rules and procedures.
:   [(88)](#footnoteref88)
       For greater certainty, this provision is without prejudice of the provisions in Chapter 10 (Investment) and Chapter 11 (Cross-Border Trade in Services) and the annexes thereto and does not include any right that results from the grant of an exclusive intellectual property right.
:   [(89)](#footnoteref89)
       For greater certainty, any act or omission attributable to a Party can be a measure of that Party for the purposes of this Chapter. A proposed measure of a Party may be the subject of consultations under Article 31.5. A panel shall not be established to review a proposed measure.
:   [(90)](#footnoteref90)
       The Parties acknowledge the right to invoke Article XX (b) of GATT 1994 in relation to measures taken pursuant to multilateral environmental agreements to which they are party.
:   [(91)](#footnoteref91)
       The Parties acknowledge the right to invoke Article XIV (b) of GATS in relation to measures taken pursuant to multilateral environmental agreements to which they are party.
:   [(92)](#footnoteref92)

       Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, as published in the OJ L 269, 10.10.2013, p. 1.

[Top](#document3)

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.9.2025

COM(2025) 812 final

ANNEX

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

ANNEX 2-A

TARIFF ELIMINATION SCHEDULE

SECTION A

General Provisions

1.
   This Annex specifies the obligations of each Party with regard to the elimination or reduction of its customs duties pursuant to Article 2.4 (Elimination or Reduction of Customs Duties).

2.
   Each Party shall eliminate or reduce its customs duties in accordance with Sections A to C of this Annex and:

(a)
   for the European Union with Appendices 2-A-1 (Tariff Elimination Schedule of the European Union) and 2-A-3 (Tariff Rate Quotas of the European Union); and

(b)
   for Mexico with Appendices 2-A-2 (Tariff Elimination Schedule of Mexico) and 2‑A‑4 (Tariff Rate Quotas of Mexico).

3.
   The Appendices referred to in subparagraphs 2(a) and 2(b) are an integral part of this Annex.

4.
   This Annex is based on the Harmonised System, as amended on 1 January 2012.

5.
   For the purposes of this Annex, "year one" means the period of time beginning on the date of entry into force of this Agreement and ending on 31 December of the same calendar year. Year two begins on 1 January of the year following the calendar year in which the Agreement enters into force, with each subsequent reduction taking effect on 1 January of each subsequent year.

SECTION B

Base Rate and Staging Categories

1.
   The base rate of customs duty and staging category for determining the interim rate of customs duty at each stage of reduction for a tariff line are indicated for that tariff line in the tariff elimination schedule of each Party referred to in paragraph 2 of Section A.

2.
   The base rate for determining the interim staged rate of customs duty for a tariff line shall be the most-favoured-nation customs duty rate applied on 1 January 2016. For tariff lines identified with an asterisk (\*) in Appendix 2-A-2 (Tariff Elimination Schedule of Mexico), the applicable base rate of duty is the one set out in that schedule.

  

3.
   For originating goods of the other Party set out in the tariff elimination schedule of each Party, the following staging categories apply to the elimination or reduction of customs duties:

(a)
   customs duties on originating goods provided for in the tariff lines identified as staging category 0 in the tariff elimination schedule of a Party shall be eliminated entirely, and such goods shall be duty-free as of the date of entry into force of this Agreement;

(b)
   customs duties on originating goods provided for in the tariff lines identified as staging category 3 in the tariff elimination schedule of a Party shall be eliminated in three equal annual stages and such goods shall be duty-free on 1 January of year three;

(c)
   customs duties on originating goods provided for in the tariff lines identified as staging category 5 in the tariff elimination schedule of a Party shall be eliminated in five equal annual stages and such goods shall be duty-free on 1 January of year five;

(d)
   customs duties on originating goods provided for in the tariff lines identified as staging category 7 in the tariff elimination schedule of a Party shall be eliminated in seven equal annual stages and such goods shall be duty-free on 1 January of year seven;

(e)
   customs duties on originating goods provided for in the tariff lines identified as staging category 10 in the tariff elimination schedule of a Party shall be eliminated in 10 equal annual stages and such goods shall be duty-free on 1 January of year 10;

  

(f)
   customs duties on originating goods provided for in the tariff lines identified as staging category E in the tariff elimination schedule of a Party shall be subject to the base rate of customs duty set out in each Party's Schedule;

(g)
   customs duties on originating goods provided for in the tariff lines identified as staging category MX7 in the tariff elimination schedule of Mexico shall be eliminated as follows:

|  |  |  |
| --- | --- | --- |
| Year | Ad valorem (%) | Specific component |
| 1 | 16.5 | Free |
| 2 | 13.0 | Free |
| 3 | 9.5 | Free |
| 4 | 7.2 | Free |
| 5 | 4.8 | Free |
| 6 | 2.4 | Free |
| 7 | Free | Free |

  

(h)
   customs duties on originating goods provided for in the tariff lines identified as staging category MX10 in the tariff elimination schedule of Mexico shall be eliminated in 10 annual stages beginning in year one, and the customs duty for such goods shall be duty-free on 1 January of year 10, as follows:

|  |  |
| --- | --- |
| Year | Ad valorem (%) |
| 1 | 19.0 |
| 2 | 18.0 |
| 3 | 17.0 |
| 4 | 16.0 |
| 5 | 15.0 |
| 6 | 12.0 |
| 7 | 9.0 |
| 8 | 6.0 |
| 9 | 3.0 |
| 10 | Free |

  

(i)
   customs duties on originating goods provided for in the tariff lines identified as staging category MX-R1 in the tariff elimination schedule of Mexico shall be reduced by 50 % of the base rate in 10 equal annual stages beginning in year one, and the customs duty for such goods shall be 87.5 % effective on 1 January of year 10 and each subsequent year, as follows:

|  |  |
| --- | --- |
| Year | Ad valorem (%) |
| 1 | 166.3 |
| 2 | 157.5 |
| 3 | 148.8 |
| 4 | 140.0 |
| 5 | 131.3 |
| 6 | 122.5 |
| 7 | 113.8 |
| 8 | 105.0 |
| 9 | 96.3 |
| 10 | 87.5 |

(j)
   customs duties on originating goods provided for in the tariff lines identified as staging category MX-R2 in the tariff elimination schedule of Mexico shall be reduced by 50 % of the base rate in 10 equal annual stages beginning in year one, and the customs duty for such goods shall be 10 % effective on 1 January of year 10 and each subsequent year, as follows:

|  |  |
| --- | --- |
| Year | Ad valorem (%) |
| 1 | 19.0 |
| 2 | 18.0 |
| 3 | 17.0 |
| 4 | 16.0 |
| 5 | 15.0 |
| 6 | 14.0 |
| 7 | 13.0 |
| 8 | 12.0 |
| 9 | 11.0 |
| 10 | 10.0 |

  

(k)
   customs duties on originating goods provided for in the tariff lines identified as staging category MX-R3 in the tariff elimination schedule of Mexico shall be reduced by 40 % of the base rate in 10 equal annual stages beginning in year one, and the customs duty for such goods shall be 43.2 % effective on 1 January of year 10 and each subsequent year, as follows:

|  |  |
| --- | --- |
| Year | Ad valorem (%) |
| 1 | 69.1 |
| 2 | 66.2 |
| 3 | 63.4 |
| 4 | 60.5 |
| 5 | 57.6 |
| 6 | 54.7 |
| 7 | 51.8 |
| 8 | 49.0 |
| 9 | 46.1 |
| 10 | 43.2 |

  

(l)
   customs duties on originating goods provided for in the tariff lines identified as staging category MX-R4 in the tariff elimination schedule of Mexico shall be reduced by 50 % of the base rate in five equal annual stages beginning in year one, and the customs duty for such goods shall be 5 % effective on 1 January of year five and each subsequent year, as follows:

|  |  |
| --- | --- |
| Year | Ad valorem (%) |
| 1 | 9.0 |
| 2 | 8.0 |
| 3 | 7.0 |
| 4 | 6.0 |
| 5 | 5.0 |

(m)
   customs duties on originating goods provided for in the tariff lines identified as staging category R-BS in the tariff elimination schedule of the European Union shall be 75 EUR/tonne as of the date of entry into force of this Agreement.

4.
   If customs duties on an originating good are provided for in any of the staging categories set out in paragraph 3, all components of the duties imposed on that good and expressed in an ad valorem or specific form or in any combination or formulation thereof, shall be reduced or eliminated in respective stages for a given staging category.

5.
   The ad valorem component of the customs duties on originating goods provided for in the tariff lines identified as staging category "0/EP" in the tariff elimination schedule of the European Union shall be eliminated as of the date of entry into force of this Agreement. The tariff elimination shall apply to the ad valorem duty only. The specific duty on originating goods triggered in a situation where the import price falls below the entry price shall be maintained.

  

6.
   For the purpose of the elimination of customs duties in accordance with Article 2.4 (Elimination or Reduction of Customs Duties), interim staged duty rates shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of duty is expressed in monetary units, at least to the nearest 0.01 of the official monetary unit of the Party.

SECTION C

General Rules for Tariff Rate Quotas

1.
   Customs duties on originating goods classified in the tariff lines marked with the notation "TRQ-XY" in the column "Staging Category" in the tariff elimination schedule of a Party shall be governed by the terms of the tariff rate quota (TRQ) for the specific tariff line, as set out in Appendices 2-A-3 and 2-A-4, beginning on the date of entry into force of this Agreement.

2.
   For the administration of year one of each TRQ established under this Annex, if less than 12 months remain in the TRQ year on the date of entry into force of this Agreement, each Party shall make available to quota applicants, from the date of entry into force of this Agreement, the yearly quota quantity established in accordance with this Annex multiplied by a fraction, the numerator of which shall be a whole number consisting of the number of days remaining in the TRQ year as of the date of entry into force of this Agreement, and the denominator of which shall be 365. Thereafter, each Party shall make available the entire yearly quota quantity established in accordance with this Annex to quota applicants from the first day of each TRQ year.

Appendix 2-A-1

TARIFF ELIMINATION SCHEDULE OF THE EUROPEAN UNION

|  |  |  |  |
| --- | --- | --- | --- |
| Tariff item   CN 2016 | CN 2016 Description | Base rate(1) | Staging category |
| 0102 29 10 | ---- Of a weight not exceeding 80 kg | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 21 | ----- For slaughter | 10,2 %+ 93,1 EUR/100 kg | 7 |
| 0102 29 29 | ----- Other | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 41 | ----- For slaughter | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 49 | ----- Other | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 51 | ------ For slaughter | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 59 | ------ Other | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 61 | ------ For slaughter | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 69 | ------ Other | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 91 | ------ For slaughter | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 29 99 | ------ Other | 10,2 % + 93,1 EUR/100 kg | 7 |
| 0102 39 10 | --- Domestic species | 10,2 % + 93,1 EUR/100 kg | 0 |
| 0102 90 91 | --- Domestic species | 10,2 % + 93,1 EUR/100 kg | 0 |
| 0201 10 00 | - Carcases and half-carcases | 12,8 % + 176,8 EUR/100 kg | E |
| 0201 20 20 | -- "Compensated" quarters | 12,8 % + 176,8 EUR/100 kg | TRQ-BF1 |
| 0201 20 30 | -- Unseparated or separated forequarters | 12,8 % + 141,4 EUR/100 kg | TRQ-BF1 |
| 0201 20 50 | -- Unseparated or separated hindquarters | 12,8 % + 212,2 EUR/100 kg | TRQ-BF1 |
| 0201 20 90 | -- Other | 12,8 % + 265,2 EUR/100 kg | TRQ-BF1 |
| 0201 30 00 | - Boneless | 12,8 % + 303,4 EUR/100 kg | TRQ-BF1 |
| 0202 10 00 | - Carcases and half-carcases | 12,8 % + 176,8 EUR/100 kg | E |
| 0202 20 10 | -- "Compensated" quarters | 12,8 % + 176,8 EUR/100 kg | TRQ-BF1 |
| 0202 20 30 | -- Unseparated or separated forequarters | 12,8 % + 141,4 EUR/100 kg | TRQ-BF1 |
| 0202 20 50 | -- Unseparated or separated hindquarters | 12,8 % + 221,1 EUR/100 kg | TRQ-BF1 |
| 0202 20 90 | -- Other | 12,8 % + 265,3 EUR/100 kg | TRQ-BF1 |
| 0202 30 10 | -- Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; "compensated" quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece | 12,8 % + 221,1 EUR/100 kg | TRQ-BF1 |
| 0202 30 50 | -- Crop, chuck-and-blade and brisket cuts | 12,8 % + 221,1 EUR/100 kg | TRQ-BF1 |
| 0202 30 90 | -- Other | 12,8 % + 304,1 EUR/100 kg | TRQ-BF1 |
| 0203 11 10 | --- Of domestic swine | 53,6 EUR/100 kg | 7 |
| 0203 12 11 | ---- Hams and cuts thereof | 77,8 EUR/100 kg | TRQ-PK |
| 0203 12 19 | ---- Shoulders and cuts thereof | 60,1 EUR/100 kg | 7 |
| 0203 19 11 | ---- Fore-ends and cuts thereof | 60,1 EUR/100 kg | 7 |
| 0203 19 13 | ---- Loins and cuts thereof, with bone in | 86,9 EUR/100 kg | 7 |
| 0203 19 15 | ---- Bellies (streaky) and cuts thereof | 46,7 EUR/100 kg | 7 |
| 0203 19 55 | ----- Boneless |  |  |
| ex 0203 19 55 | ------ Hams and cuts thereof | 86,9 EUR/100 kg | TRQ-PK |
| ex 0203 19 55 | ------ Other | 86,9 EUR/100 kg | 7 |
| 0203 19 59 | ----- Other | 86,9 EUR/100 kg | 7 |
| 0203 21 10 | --- Of domestic swine | 53,6 EUR/100 kg | 7 |
| 0203 22 11 | ---- Hams and cuts thereof | 77,8 EUR/100 kg | TRQ-PK |
| 0203 22 19 | ---- Shoulders and cuts thereof | 60,1 EUR/100 kg | 7 |
| 0203 29 11 | ---- Fore-ends and cuts thereof | 60,1 EUR/100 kg | 7 |
| 0203 29 13 | ---- Loins and cuts thereof, with bone in | 86,9 EUR/100 kg | 7 |
| 0203 29 15 | ---- Bellies (streaky) and cuts thereof | 46,7 EUR/100 kg | 7 |
| 0203 29 55 | ----- Boneless |  |  |
| ex 0203 29 55 | ------ Hams and cuts thereof | 86,9 EUR/100 kg | TRQ-PK |
| ex 0203 29 55 | ------ Other | 86,9 EUR/100 kg | 7 |
| 0203 29 59 | ----- Other | 86,9 EUR/100 kg | 7 |
| 0206 10 95 | --- Thick skirt and thin skirt | 12,8 % + 303,4 EUR/100 kg | TRQ-BF2 |
| 0206 29 91 | ---- Thick skirt and thin skirt | 12,8 % + 304,1 EUR/100 kg | TRQ-BF2 |
| 0207 11 10 | --- Plucked and gutted, with heads and feet, known as "83 % chickens" | 26,2 EUR/100 kg | 7 |
| 0207 11 30 | --- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as "70 % chickens" | 29,9 EUR/100 kg | 7 |
| 0207 11 90 | --- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as "65 % chickens", or otherwise presented | 32,5 EUR/100 kg | 7 |
| 0207 12 10 | --- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as "70 % chickens" | 29,9 EUR/100 kg | 7 |
| 0207 12 90 | --- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as "65 % chickens", or otherwise presented | 32,5 EUR/100 kg | 7 |
| 0207 13 10 | ---- Boneless |  |  |
| ex 0207 13 10 | ----- Mechanically separated meat (obtained by removing meat from flesh-bearing bones after boning or from poultry carcases, using mechanical means resulting in the loss or modification of the muscle fibre structure) | 102,4 EUR/100 kg | 0 |
| ex 0207 13 10 | -----Other | 102,4 EUR/100 kg | TRQ-PY |
| 0207 13 20 | ----- Halves or quarters | 35,8 EUR/100 kg | TRQ-PY |
| 0207 13 30 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 7 |
| 0207 13 40 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 7 |
| 0207 13 50 | ----- Breasts and cuts thereof | 60,2 EUR/100 kg | TRQ-PY |
| 0207 13 60 | ----- Legs and cuts thereof | 46,3 EUR/100 kg | TRQ-PY |
| 0207 13 70 | ----- Other | 100,8 EUR/100 kg | TRQ-PY |
| 0207 13 99 | ---- Other | 18,7 EUR/100 kg | 5 |
| 0207 14 10 | ---- Boneless |  |  |
| ex 0207 14 10 | ----- Mechanically separated meat (obtained by removing meat from flesh-bearing bones after boning or from poultry carcases, using mechanical means resulting in the loss or modification of the muscle fibre structure) | 102,4 EUR/100 kg | 0 |
| ex 0207 14 10 | -----Other | 102,4 EUR/100 kg | TRQ-PY |
| 0207 14 20 | ----- Halves or quarters | 35,8 EUR/100 kg | TRQ-PY |
| 0207 14 30 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 7 |
| 0207 14 40 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 7 |
| 0207 14 50 | ----- Breasts and cuts thereof | 60,2 EUR/100 kg | TRQ-PY |
| 0207 14 60 | ----- Legs and cuts thereof | 46,3 EUR/100 kg | TRQ-PY |
| 0207 14 70 | ----- Other | 100,8 EUR/100 kg | TRQ-PY |
| 0207 24 10 | --- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as "80 % turkeys" | 34 EUR/100 kg | 7 |
| 0207 24 90 | --- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as "73 % turkeys", or otherwise presented | 37,3 EUR/100 kg | 7 |
| 0207 25 10 | --- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as "80 % turkeys" | 34 EUR/100 kg | 7 |
| 0207 25 90 | --- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as "73 % turkeys", or otherwise presented | 37,3 EUR/100 kg | 7 |
| 0207 26 10 | ---- Boneless | 85,1 EUR/100 kg | 7 |
| 0207 26 20 | ----- Halves or quarters | 41 EUR/100 kg | 7 |
| 0207 26 30 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 7 |
| 0207 26 40 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 7 |
| 0207 26 50 | ----- Breasts and cuts thereof | 67,9 EUR/100 kg | 7 |
| 0207 26 60 | ------ Drumsticks and cuts of drumsticks | 25,5 EUR/100 kg | 7 |
| 0207 26 70 | ------ Other | 46 EUR/100 kg | 7 |
| 0207 26 80 | ----- Other | 83 EUR/100 kg | 7 |
| 0207 27 10 | ---- Boneless | 85,1 EUR/100 kg | TRQ-PY |
| 0207 27 20 | ----- Halves or quarters | 41 EUR/100 kg | 7 |
| 0207 27 30 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 7 |
| 0207 27 40 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 7 |
| 0207 27 50 | ----- Breasts and cuts thereof | 67,9 EUR/100 kg | 7 |
| 0207 27 60 | ------ Drumsticks and cuts thereof | 25,5 EUR/100 kg | 7 |
| 0207 27 70 | ------ Other | 46 EUR/100 kg | 7 |
| 0207 27 80 | ----- Other | 83 EUR/100 kg | 7 |
| 0207 41 20 | --- Plucked, bled, gutted but not drawn, with heads and feet, known as "85 % ducks" | 38 EUR/100 kg | 0 |
| 0207 41 30 | --- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as "70 % ducks" | 46,2 EUR/100 kg | 0 |
| 0207 41 80 | --- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as "63 % ducks", or otherwise presented | 51,3 EUR/100 kg | 0 |
| 0207 42 30 | --- Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as "70 % ducks" | 46,2 EUR/100 kg | 0 |
| 0207 42 80 | --- Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as "63 % ducks", or otherwise presented | 51,3 EUR/100 kg | 0 |
| 0207 44 10 | ---- Boneless | 128,3 EUR/100 kg | 0 |
| 0207 44 21 | ----- Halves or quarters | 56,4 EUR/100 kg | 0 |
| 0207 443 1 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 0 |
| 0207 44 41 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 0 |
| 0207 44 51 | ----- Breasts and cuts thereof | 115,5 EUR/100 kg | 0 |
| 0207 44 61 | ----- Legs and cuts thereof | 46,3 EUR/100 kg | 0 |
| 0207 44 81 | ----- Other | 123,2 EUR/100 kg | 0 |
| 0207 45 10 | ---- Boneless | 128,3 EUR/100 kg | 0 |
| 0207 45 21 | ----- Halves or quarters | 56,4 EUR/100 kg | 0 |
| 0207 45 31 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 0 |
| 0207 45 41 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 0 |
| 0207 45 51 | ----- Breasts and cuts thereof | 115,5 EUR/100 kg | 0 |
| 0207 45 61 | ----- Legs and cuts thereof | 46,3 EUR/100 kg | 0 |
| 0207 45 81 | ----- Other | 123,2 EUR/100 kg | 0 |
| 0207 54 21 | ----- Halves or quarters | 52,9 EUR/100 kg | 0 |
| 0207 54 31 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 0 |
| 0207 54 41 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 0 |
| 0207 54 81 | ----- Other | 123,2 EUR/100 kg | 0 |
| 0207 55 31 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 0 |
| 0207 55 41 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 0 |
| 0207 55 81 | ----- Other | 123,2 EUR/100 kg | 0 |
| 0207 60 10 | ---- Boneless | 128,3 EUR/100 kg | 0 |
| 0207 60 21 | ----- Halves or quarters | 54,2 EUR/100 kg | 0 |
| 0207 60 31 | ----- Whole wings, with or without tips | 26,9 EUR/100 kg | 0 |
| 0207 60 41 | ----- Backs, necks, backs with necks attached, rumps and wing‑tips | 18,7 EUR/100 kg | 0 |
| 0207 60 51 | ----- Breasts and cuts thereof | 115,5 EUR/100 kg | 0 |
| 0207 60 61 | ----- Legs and cuts thereof | 46,3 EUR/100 kg | 0 |
| 0207 60 81 | ----- Other | 123,2 EUR/100 kg | 0 |
| 0210 11 11 | ----- Hams and cuts thereof | 77,8 EUR/100 kg | 5 |
| 0210 11 19 | ----- Shoulders and cuts thereof | 60,1 EUR/100 kg | 5 |
| 0210 11 31 | ----- Hams and cuts thereof | 151,2 EUR/100 kg | 5 |
| 0210 11 39 | ----- Shoulders and cuts thereof | 119 EUR/100 kg | 5 |
| 0210 11 90 | --- Other | 15,4 % | 5 |
| 0210 12 11 | ---- Salted or in brine | 46,7 EUR/100 kg | 5 |
| 0210 12 19 | ---- Dried or smoked | 77,8 EUR/100 kg | 5 |
| 0210 12 90 | --- Other | 15,4 % | 5 |
| 0210 19 10 | ----- Bacon sides or spencers | 68,7 EUR/100 kg | 5 |
| 0210 19 20 | ----- Three-quarter sides or middles | 75,1 EUR/100 kg | 5 |
| 0210 19 30 | ----- Fore-ends and cuts thereof | 60,1 EUR/100 kg | 5 |
| 0210 19 40 | ----- Loins and cuts thereof | 86,9 EUR/100 kg | 5 |
| 0210 19 50 | ----- Other | 86,9 EUR/100 kg | 5 |
| 0210 19 60 | ----- Fore-ends and cuts thereof | 119 EUR/100 kg | 5 |
| 0210 19 70 | ----- Loins and cuts thereof | 149,6 EUR/100 kg | 5 |
| 0210 19 81 | ------ Boneless | 151,2 EUR/100 kg | 5 |
| 0210 19 89 | ------ Other | 151,2 EUR/100 kg | 5 |
| 0210 20 10 | -- With bone in | 15,4 % + 265,2 EUR/100 kg | TRQ-BF1 |
| 0210 20 90 | -- Boneless | 15,4 % + 303,4 EUR/100 kg | TRQ-BF1 |
| 0210 92 99 | ---- Edible flours and meals of meat or meat offal | 15,4 % + 303,4 EUR/100 kg | 0 |
| 0210 99 51 | ----- Thick skirt and thin skirt | 15,4 % + 303,4 EUR/100 kg | TRQ-BF2 |
| 0210 99 59 | ----- Other | 12,8 % | 5 |
| 0210 99 90 | --- Edible flours and meals of meat or meat offal | 15,4 % + 303,4 EUR/100 kg | 7 |
| 0401 10 10 | -- In immediate packings of a net content not exceeding two litres | 13,8 EUR/100 kg | 0 |
| 0401 10 90 | -- Other | 12,9 EUR/100 kg | 0 |
| 0401 20 11 | --- In immediate packings of a net content not exceeding two litres | 18,8 EUR/100 kg | 0 |
| 0401 20 19 | --- Other | 17,9 EUR/100 kg | 0 |
| 0401 20 91 | --- In immediate packings of a net content not exceeding two litres | 22,7 EUR/100 kg | 0 |
| 0401 20 99 | --- Other | 21,8 EUR/100 kg | 0 |
| 0401 40 10 | -- In immediate packings of a net content not exceeding two litres | 57,5 EUR/100 kg | 0 |
| 0401 40 90 | -- Other | 56,6 EUR/100 kg | 0 |
| 0401 50 11 | --- In immediate packings of a net content not exceeding two litres | 57,5 EUR/100 kg | 0 |
| 0401 50 19 | --- Other | 56,6 EUR/100 kg | 0 |
| 0401 50 31 | --- In immediate packings of a net content not exceeding two litres | 110 EUR/100 kg | 0 |
| 0401 50 39 | --- Other | 109,1 EUR/100 kg | 0 |
| 0401 50 91 | --- In immediate packings of a net content not exceeding two litres | 183,7 EUR/100 kg | 0 |
| 0401 50 99 | --- Other | 182,8 EUR/100 kg | 0 |
| 0402 10 11 | --- In immediate packings of a net content not exceeding 2,5 kg | 125,4 EUR/100 kg | 0 |
| 0402 10 19 | --- Other | 118,8 EUR/100 kg | 0 |
| 0402 10 91 | --- In immediate packings of a net content not exceeding 2,5 kg | 1,19 EUR/kg/lactic matter + 27,5 EUR/100 kg | 0 |
| 0402 10 99 | --- Other | 1,19 EUR/kg/lactic matter + 21 EUR/100 kg | 0 |
| 0402 21 11 | ---- In immediate packings of a net content not exceeding 2,5 kg | 135,7 EUR/100 kg | 0 |
| 0402 21 18 | ---- Other | 130,4 EUR/100 kg | 0 |
| 0402 21 91 | ---- In immediate packings of a net content not exceeding 2,5 kg | 167,2 EUR/100 kg | 0 |
| 0402 21 99 | ---- Other | 161,9 EUR/100 kg | 0 |
| 0402 29 11 | ---- Special milk, for infants, in hermetically sealed containers of a net content not exceeding 500 g, of a fat content, by weight, exceeding 10 % | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0402 29 15 | ----- In immediate packings of a net content not exceeding 2,5 kg | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0402 29 19 | ----- Other | 1,31 EUR/kg + 16,8 EUR/100 kg | 0 |
| 0402 29 91 | ---- In immediate packings of a net content not exceeding 2,5 kg | 1,62 EUR/kg + 22 EUR/100 kg | 0 |
| 0402 29 99 | ---- Other | 1,62 EUR/kg + 16,8 EUR/100 kg | 0 |
| 0402 91 10 | --- Of a fat content, by weight, not exceeding 8 % | 34,7 EUR/100 kg | 0 |
| 0402 91 30 | --- Of a fat content, by weight, exceeding 8 % but not exceeding 10 % | 43,4 EUR/100 kg | 0 |
| 0402 91 51 | ---- In immediate packings of a net content not exceeding 2,5 kg | 110 EUR/100 kg | 0 |
| 0402 91 59 | ---- Other | 109,1 EUR/100 kg | 0 |
| 0402 91 91 | ---- In immediate packings of a net content not exceeding 2,5 kg | 183,7 EUR/100 kg | 0 |
| 0402 91 99 | ---- Other | 182,8 EUR/100 kg | 0 |
| 0402 99 10 | --- Of a fat content, by weight, not exceeding 9,5 % | 57,2 EUR/100 kg | 0 |
| 0402 99 31 | ---- In immediate packings of a net content not exceeding 2,5 kg | 1,08 EUR/kg + 19,4 EUR/100 kg | 0 |
| 0402 99 39 | ---- Other | 1,08 EUR/kg + 18,5 EUR/100 kg | 0 |
| 0402 99 91 | ---- In immediate packings of a net content not exceeding 2,5 kg | 1,81 EUR/kg + 19,4 EUR/100 kg | 0 |
| 0402 99 99 | ---- Other | 1,81 EUR/kg + 18,5 EUR/100 kg | 0 |
| 0403 10 11 | ---- Not exceeding 3 % | 20,5 EUR/100 kg | 0 |
| 0403 10 13 | ---- Exceeding 3 % but not exceeding 6 % | 24,4 EUR/100 kg | 0 |
| 0403 10 19 | ---- Exceeding 6 % | 59,2 EUR/100 kg | 0 |
| 0403 10 31 | ---- Not exceeding 3 % | 0,17 EUR/kg + 21,1 EUR/100 kg | 0 |
| 0403 10 33 | ---- Exceeding 3 % but not exceeding 6 % | 0,20 EUR/kg + 21,1 EUR/100 kg | 0 |
| 0403 10 39 | ---- Exceeding 6 % | 0,54 EUR/kg + 21,1 EUR/100 kg | 0 |
| 0403 10 51 | ---- Not exceeding 1,5 % | 95 EUR/100 kg | 0 |
| 0403 10 53 | ---- Exceeding 1,5 % but not exceeding 27 % | 130,4 EUR/100 kg | 0 |
| 0403 10 59 | ---- Exceeding 27 % | 168,8 EUR/100 kg | 0 |
| 0403 10 91 | ---- Not exceeding 3 % | 12,4 EUR/100 kg | 0 |
| 0403 10 93 | ---- Exceeding 3 % but not exceeding 6 % | 17,1 EUR/100 kg | 0 |
| 0403 10 99 | ---- Exceeding 6 % | 26,6 EUR/100 kg | 0 |
| 0403 90 11 | ----- Not exceeding 1,5 % | 100,4 EUR/100 kg | 0 |
| 0403 90 13 | ----- Exceeding 1,5 % but not exceeding 27 % | 135,7 EUR/100 kg | 0 |
| 0403 90 19 | ----- Exceeding 27 % | 167,2 EUR/100 kg | 0 |
| 0403 90 31 | ----- Not exceeding 1,5 % | 0,95 EUR/kg + 22 EUR/100 kg | 0 |
| 0403 90 33 | ----- Exceeding 1,5 % but not exceeding 27 % | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0403 90 39 | ----- Exceeding 27 % | 1,62 EUR/kg + 22 EUR/100 kg | 0 |
| 0403 90 51 | ----- Not exceeding 3 % | 20,5 EUR/100 kg | 0 |
| 0403 90 53 | ----- Exceeding 3 % but not exceeding 6 % | 24,4 EUR/100 kg | 0 |
| 0403 90 59 | ----- Exceeding 6 % | 59,2 EUR/100 kg | 0 |
| 0403 90 61 | ----- Not exceeding 3 % | 0,17 EUR/kg + 21,1 EUR/100 kg | 0 |
| 0403 90 63 | ----- Exceeding 3 % but not exceeding 6 % | 0,20 EUR/kg + 21,1 EUR/100 kg | 0 |
| 0403 90 69 | ----- Exceeding 6 % | 0,54 EUR/kg + 21,1 EUR/100 kg | 0 |
| 0403 90 71 | ---- Not exceeding 1,5 % | 95 EUR/100 kg | 0 |
| 0403 90 73 | ---- Exceeding 1,5 % but not exceeding 27 % | 130,4 EUR/100 kg | 0 |
| 0403 90 79 | ---- Exceeding 27 % | 168,8 EUR/100 kg | 0 |
| 0403 90 91 | ---- Not exceeding 3 % | 12,4 EUR/100 kg | 0 |
| 0403 90 93 | ---- Exceeding 3 % but not exceeding 6 % | 17,1 EUR/100 kg | 0 |
| 0403 90 99 | ---- Exceeding 6 % | 26,6 EUR/100 kg | 0 |
| 0404 10 02 | ----- Not exceeding 1,5 % | 7 EUR/100 kg | 0 |
| 0404 10 04 | ----- Exceeding 1,5 % but not exceeding 27 % | 135,7 EUR/100 kg | 0 |
| 0404 10 06 | ----- Exceeding 27 % | 167,2 EUR/100 kg | 0 |
| 0404 10 12 | ----- Not exceeding 1,5 % | 100,4 EUR/100 kg | 0 |
| 0404 10 14 | ----- Exceeding 1,5 % but not exceeding 27 % | 135,7 EUR/100 kg | 0 |
| 0404 10 16 | ----- Exceeding 27 % | 167,2 EUR/100 kg | 0 |
| 0404 10 26 | ----- Not exceeding 1,5 % | 0,07 EUR/kg + 16,8 EUR/100 kg | 0 |
| 0404 10 28 | ----- Exceeding 1,5 % but not exceeding 27 % | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 32 | ----- Exceeding 27 % | 1,62 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 34 | ----- Not exceeding 1,5 % | 0,95 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 36 | ----- Exceeding 1,5 % but not exceeding 27 % | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 38 | ----- Exceeding 27 % | 1,62 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 48 | ----- Not exceeding 1,5 % | 0,07 EUR/kg | 0 |
| 0404 10 52 | ----- Exceeding 1,5 % but not exceeding 27 % | 135,7 EUR/100 kg | 0 |
| 0404 10 54 | ----- Exceeding 27 % | 167,2 EUR/100 kg | 0 |
| 0404 10 56 | ----- Not exceeding 1,5 % | 100,4 EUR/100 kg | 0 |
| 0404 10 58 | ----- Exceeding 1,5 % but not exceeding 27 % | 135,7 EUR/100 kg | 0 |
| 0404 10 62 | ----- Exceeding 27 % | 167,2 EUR/100 kg | 0 |
| 0404 10 72 | ----- Not exceeding 1,5 % | 0,07 EUR/kg + 16,8 EUR/100 kg | 0 |
| 0404 10 74 | ----- Exceeding 1,5 % but not exceeding 27 % | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 76 | ----- Exceeding 27 % | 1,62 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 78 | ----- Not exceeding 1,5 % | 0,95 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 82 | ----- Exceeding 1,5 % but not exceeding 27 % | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 10 84 | ----- Exceeding 27 % | 1,62 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 90 21 | --- Not exceeding 1,5 % | 100,4 EUR/100 kg | 0 |
| 0404 90 23 | --- Exceeding 1,5 % but not exceeding 27 % | 135,7 EUR/100 kg | 0 |
| 0404 90 29 | --- Exceeding 27 % | 167,2 EUR/100 kg | 0 |
| 0404 90 81 | --- Not exceeding 1,5 % | 0,95 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 90 83 | --- Exceeding 1,5 % but not exceeding 27 % | 1,31 EUR/kg + 22 EUR/100 kg | 0 |
| 0404 90 89 | --- Exceeding 27 % | 1,62 EUR/kg + 22 EUR/100 kg | 0 |
| 0405 10 11 | ---- In immediate packings of a net content not exceeding 1 kg | 189,6 EUR/100 kg | 0 |
| 0405 10 19 | ---- Other | 189,6 EUR/100 kg | 0 |
| 0405 10 30 | --- Recombined butter | 189,6 EUR/100 kg | 0 |
| 0405 10 50 | --- Whey butter | 189,6 EUR/100 kg | 0 |
| 0405 10 90 | -- Other | 231,3 EUR/100 kg | 0 |
| 0405 20 10 | -- Of a fat content, by weight, of 39 % or more but less than 60 % | 9 % + EA (Note 1) | 0 |
| 0405 20 30 | -- Of a fat content, by weight, of 60 % or more but not exceeding 75 % | 9 % + EA (Note 1) | 0 |
| 0405 20 90 | -- Of a fat content, by weight, of more than 75 % but less than 80 % | 189,6 EUR/100 kg | 0 |
| 0405 90 10 | -- Of a fat content, by weight, of 99,3 % or more and of a water content, by weight, not exceeding 0,5 % | 231,3 EUR/100 kg | 0 |
| 0405 90 90 | -- Other | 231,3 EUR/100 kg | 0 |
| 0406 10 30 | --- Mozzarella, whether or not in a liquid | 185,2 EUR/100 kg | 0 |
| 0406 10 50 | --- Other | 185,2 EUR/100 kg | 0 |
| 0406 10 80 | -- Other | 221,2 EUR/100 kg | 0 |
| 0406 20 00 | - Grated or powdered cheese, of all kinds | 188,2 EUR/100 kg | 0 |
| 0406 30 10 | -- In the manufacture of which no cheeses other than Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glarus herb cheese (known as Schabziger); put up for retail sale, of a fat content by weight in the dry matter not exceeding 56 % | 144,9 EUR/100 kg | 0 |
| 0406 30 31 | ---- Not exceeding 48 % | 139,1 EUR/100 kg | 0 |
| 0406 30 39 | ---- Exceeding 48 % | 144,9 EUR/100 kg | 0 |
| 0406 30 90 | --- Of a fat content, by weight, exceeding 36 % | 215 EUR/100 kg | 0 |
| 0406 40 10 | -- Roquefort | 140,9 EUR/100 kg | 0 |
| 0406 40 50 | -- Gorgonzola | 140,9 EUR/100 kg | 0 |
| 0406 40 90 | -- Other | 140,9 EUR/100 kg | 0 |
| 0406 90 01 | -- For processing | 167,1 EUR/100 kg | 0 |
| 0406 90 13 | --- Emmentaler | 171,7 EUR/100 kg | 0 |
| 0406 90 15 | --- Gruyère, Sbrinz | 171,7 EUR/100 kg | 0 |
| 0406 90 17 | --- Bergkäse, Appenzell | 171,7 EUR/100 kg | 0 |
| 0406 90 18 | --- Fromage fribourgeois, Vacherin Mont d'Or and Tête de Moine | 171,7 EUR/100 kg | 0 |
| 0406 90 21 | --- Cheddar | 167,1 EUR/100 kg | 0 |
| 0406 90 23 | --- Edam | 151 EUR/100 kg | 0 |
| 0406 90 25 | --- Tilsit | 151 EUR/100 kg | 0 |
| 0406 90 29 | --- Kashkaval | 151 EUR/100 kg | 0 |
| 0406 90 32 | --- Feta | 151 EUR/100 kg | 0 |
| 0406 90 35 | --- Kefalo-Tyri | 151 EUR/100 kg | 0 |
| 0406 90 37 | --- Finlandia | 151 EUR/100 kg | 0 |
| 0406 90 39 | --- Jarlsberg | 151 EUR/100 kg | 0 |
| 0406 90 50 | ---- Cheese of sheep's milk or buffalo milk in containers containing brine, or in sheepskin or goatskin bottles | 151 EUR/100 kg | 0 |
| 0406 90 61 | ------- Grana Padano, Parmigiano Reggiano | 188,2 EUR/100 kg | 0 |
| 0406 90 63 | ------- Fiore Sardo, Pecorino | 188,2 EUR/100 kg | 0 |
| 0406 90 69 | ------- Other | 188,2 EUR/100 kg | 0 |
| 0406 90 73 | ------- Provolone | 151 EUR/100 kg | 0 |
| 0406 90 74 | ------- Maasdam | 151 EUR/100 kg | 0 |
| 0406 90 75 | ------- Asiago, Caciocavallo, Montasio, Ragusano | 151 EUR/100 kg | 0 |
| 0406 90 76 | ------- Danbo, Fontal, Fontina, Fynbo, Havarti, Maribo, Samsø | 151 EUR/100 kg | 0 |
| 0406 90 78 | ------- Gouda | 151 EUR/100 kg | 0 |
| 0406 90 79 | ------- Esrom, Italico, Kernhem, Saint-Nectaire, Saint-Paulin, Taleggio | 151 EUR/100 kg | 0 |
| 0406 90 81 | ------- Cantal, Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby, Monterey | 151 EUR/100 kg | 0 |
| 0406 90 82 | ------- Camembert | 151 EUR/100 kg | 0 |
| 0406 90 84 | ------- Brie | 151 EUR/100 kg | 0 |
| 0406 90 85 | ------- Kefalograviera, Kasseri | 151 EUR/100 kg | 0 |
| 0406 90 86 | -------- Exceeding 47 % but not exceeding 52 % | 151 EUR/100 kg | 0 |
| 0406 90 89 | -------- Exceeding 52 % but not exceeding 62 % | 151 EUR/100 kg | 0 |
| 0406 90 92 | -------- Exceeding 62 % but not exceeding 72 % | 151 EUR/100 kg | 0 |
| 0406 90 93 | ------ Exceeding 72 % | 185,2 EUR/100 kg | 0 |
| 0406 90 99 | ----- Other | 221,2 EUR/100 kg | 0 |
| 0407 11 00 | -- Of fowls of the species Gallus domesticus | 35 EUR/1 000 p/st | TRQ-EG1/3 |
| 0407 19 11 | ---- Of turkeys or geese | 105 EUR/1 000 p/st | 3 |
| 0407 19 19 | ---- Other | 35 EUR/1 000 p/st | TRQ-EG1/3 |
| 0407 19 90 | --- Other | 7,7 % | 3 |
| 0407 21 00 | -- Of fowls of the species Gallus domesticus | 30,4 EUR/100 kg | 5 |
| 0407 29 10 | --- Of poultry, other than of fowls of the species Gallus domesticus | 30,4 EUR/100 kg | 3 |
| 0407 29 90 | --- Other | 7,7 % | 3 |
| 0407 90 10 | -- Of poultry | 30,4 EUR/100 kg | 5 |
| 0407 90 90 | -- Other | 7,7 % | 3 |
| 0408 11 80 | --- Other | 142,3 EUR/100 kg | TRQ-EG2 |
| 0408 19 81 | ---- Liquid | 62 EUR/100 kg | TRQ-EG2 |
| 0408 19 89 | ---- Other, including frozen | 66,3 EUR/100 kg | TRQ-EG2 |
| 0408 91 80 | --- Other | 137,4 EUR/100 kg | TRQ-EG2 |
| 0408 99 80 | --- Other | 35,3 EUR/100 kg | TRQ-EG2 |
| 0409 00 00 | Natural honey | 17,3 % | TRQ-HY/7 |
| 0603 11 00 | -- Roses | 12 % (Note 9) | 0 |
| 0603 12 00 | -- Carnations | 12 % (Note 9) | 0 |
| 0603 13 00 | -- Orchids | 12 % (Note 9) | 0 |
| 0603 14 00 | -- Chrysanthemums | 12 % (Note 9) | 0 |
| 0603 15 00 | -- Lilies (Lilium spp.) | 12 % (Note 9) | 0 |
| 0603 19 10 | --- Gladioli | 12 % (Note 9) | 0 |
| 0603 19 20 | --- Ranunculi | 12 % (Note 9) | 0 |
| 0603 19 70 | --- Other | 12 % (Note 9) | 0 |
| 0702 00 00 | Tomatoes, fresh or chilled | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0707 00 05 | - Cucumbers | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0709 20 00 | - Asparagus | 10,2 % for items imported from March to November; 0 % for items imported during the months of January, February and December of each year | 0 |
| 0709 91 00 | -- Globe artichokes | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0709 93 10 | --- Courgettes | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0709 99 60 | --- Sweetcorn | 9,4 EUR/100 kg | 3 |
| 0710 10 00 | - Potatoes | 14,4 % | 0 |
| 0710 21 00 | -- Peas (Pisum sativum) | 14,4 % | 0 |
| 0710 22 00 | -- Beans (Vigna spp., Phaseolus spp.) | 14,4 % | 0 |
| 0710 29 00 | -- Other | 14,4 % | 0 |
| 0710 40 00 | - Sweetcorn | 5,1 % + 9,4 EUR/100 kg (Note 3) | 7 |
| 0710 80 10 | -- Olives | 15,2 % | 0 |
| 0710 80 61 | --- Of the genus Agaricus | 14,4 % | 0 |
| 0710 80 69 | --- Other | 14,4 % | 0 |
| 0710 80 70 | -- Tomatoes | 14,4 % | 3 |
| 0710 80 80 | -- Globe artichokes | 14,4 % | 3 |
| 0710 80 85 | -- Asparagus | 14,4 % | 0 |
| 0711 90 30 | --- Sweetcorn | 5,1 % + 9,4 EUR/100 kg (Note 3) | 7 |
| 0803 90 10 | -- Fresh | 127 EUR/1 000 kg | R-BS |
| 0805 10 20 | -- Sweet oranges, fresh | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0805 20 10 | -- Clementines | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0805 20 30 | -- Monreales and satsumas | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0805 20 50 | -- Mandarins and wilkings | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0805 20 70 | -- Tangerines | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0805 20 90 | -- Other | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0805 50 10 | -- Lemons (Citrus limon, Citrus limonum) | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0806 10 10 | -- Table grapes | entry price system (Note 2) | 0/EP |
| 0807 19 00 | -- Other | 8,8 | 0 |
| 0808 10 80 | -- Other | entry price system (Note 2) | 0/EP |
| 0808 30 90 | -- Other | entry price system (Note 2) | 0/EP |
| 0809 10 00 | - Apricots | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0809 21 00 | -- Sour cherries (Prunus cerasus) | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0809 29 00 | -- Other | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0809 30 10 | -- Nectarines | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0809 30 90 | -- Other | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0809 40 05 | -- Plums | 0 % + specific duty component of the entry price system (Note 2) | 0/EP |
| 0811 10 11 | --- With a sugar content exceeding 13 % by weight | 20,8 % + 8,4 EUR/100 kg | 7 |
| 0811 10 19 | --- Other | 20,8 % | 5 |
| 0811 10 90 | -- Other | 14,4 % | TRQ-SY/5 |
| 1001 11 00 | -- Seed | 148 EUR/1 000 kg (Note 4) | 0 |
| 1001 19 00 | -- Other | 148 EUR/1 000 kg (Note 4) | 0 |
| 1001 91 10 | --- Spelt | 12,8 % | 0 |
| 1001 91 20 | --- Common wheat and meslin | 95 EUR/1 000 kg (Note 4) | 0 |
| 1001 91 90 | --- Other | 95 EUR/1 000 kg | 0 |
| 1001 99 00 | -- Other | 95 EUR/1 000 kg (Note 4) | 5 |
| 1002 10 00 | - Seed | 93 EUR/1 000 kg (Note 4) | 0 |
| 1002 90 00 | - Other | 93 EUR/1 000 kg (Note 4) | 0 |
| 1003 10 00 | - Seed | 93 EUR/1 000 kg | 0 |
| 1003 90 00 | - Other | 93 EUR/1 000 kg | 0 |
| 1004 10 00 | - Seed | 89 EUR/1 000 kg | 0 |
| 1004 90 00 | - Other | 89 EUR/1 000 kg | 0 |
| 1005 10 90 | -- Other | 94 EUR/1 000 kg (Note 4) | 3 |
| 1005 90 00 | - Other |  |  |
| ex 1005 90 00 | -- White maize | 94 EUR/1 000 kg (Note 4) | 0 |
| ex 1005 90 00 | -- Other | 94 EUR/1 000 kg (Note 4) | 7 |
| 1006 10 10 | -- For sowing | 7,7 % | 0 |
| 1006 10 21 | ---- Round grain | 211 EUR/1 000 kg | 7 |
| 1006 10 23 | ---- Medium grain | 211 EUR/1 000 kg | 7 |
| 1006 10 25 | ----- Of a length/width ratio greater than 2 but less than 3 | 211 EUR/1 000 kg | 7 |
| 1006 10 27 | ----- Of a length/width ratio equal to or greater than 3 | 211 EUR/1 000 kg | 7 |
| 1006 10 92 | ---- Round grain | 211 EUR/1 000 kg | 7 |
| 1006 10 94 | ---- Medium grain | 211 EUR/1 000 kg | 7 |
| 1006 10 96 | ----- Of a length/width ratio greater than 2 but less than 3 | 211 EUR/1 000 kg | 7 |
| 1006 10 98 | ----- Of a length/width ratio equal to or greater than 3 | 211 EUR/1 000 kg | 7 |
| 1006 20 11 | --- Round grain | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 20 13 | --- Medium grain | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 20 15 | ---- Of a length/width ratio greater than 2 but less than 3 | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 20 17 | ---- Of a length/width ratio equal to or greater than 3 | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 20 92 | --- Round grain | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 20 94 | --- Medium grain | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 20 96 | ---- Of a length/width ratio greater than 2 but less than 3 | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 20 98 | ---- Of a length/width ratio equal to or greater than 3 | 65 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 21 | ---- Round grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 23 | ---- Medium grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 25 | ----- Of a length/width ratio greater than 2 but less than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 27 | ----- Of a length/width ratio equal to or greater than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 42 | ---- Round grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 44 | ---- Medium grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 46 | ----- Of a length/width ratio greater than 2 but less than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 48 | ----- Of a length/width ratio equal to or greater than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 61 | ---- Round grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 63 | ---- Medium grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 65 | ----- Of a length/width ratio greater than 2 but less than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 67 | ----- Of a length/width ratio equal to or greater than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 92 | ---- Round grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 94 | ---- Medium grain | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 96 | ----- Of a length/width ratio greater than 2 but less than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 30 98 | ----- Of a length/width ratio equal to or greater than 3 | 175 EUR/1 000 kg (Note 5) | 7 |
| 1006 40 00 | - Broken rice | 65 EUR/1 000 kg | 3 |
| 1007 10 10 | -- Hybrids | 6,4 % | 3 |
| 1007 10 90 | -- Other | 94 EUR/1 000 kg (Note 4) | 3 |
| 1007 90 00 | - Other | 94 EUR/1 000 kg (Note 4) | 3 |
| 1008 40 00 | - Fonio (Digitaria spp.) | 37 EUR/1 000 kg | 0 |
| 1008 50 00 | - Quinoa (Chenopodium quinoa) | 37 EUR/1 000 kg | 0 |
| 1008 60 00 | - Triticale | 93 EUR/1 000 kg | 0 |
| 1008 90 00 | - Other cereals | 37 EUR/1 000 kg | 0 |
| 1101 00 11 | -- Of durum wheat | 172 EUR/1 000 kg | 7 |
| 1101 00 15 | -- Of common wheat and spelt | 172 EUR/1 000 kg | 7 |
| 1101 00 90 | - Meslin flour | 172 EUR/1 000 kg | 0 |
| 1102 20 10 | -- Of a fat content not exceeding 1,5 % by weight | 173 EUR/1 000 kg | 7 |
| 1102 20 90 | -- Other | 98 EUR/1 000 kg | 7 |
| 1102 90 10 | -- Barley flour | 171 EUR/1 000 kg | 0 |
| 1102 90 30 | -- Oat flour | 164 EUR/1 000 kg | 0 |
| 1102 90 50 | -- Rice flour | 138 EUR/1 000 kg | 0 |
| 1102 90 70 | -- Rye flour | 168 EUR/1 000 kg | 0 |
| 1102 90 90 | -- Other | 98 EUR/1 000 kg | 0 |
| 1103 11 10 | --- Durum wheat | 267 EUR/1 000 kg | 7 |
| 1103 11 90 | --- Common wheat and spelt | 186 EUR/1 000 kg | 5 |
| 1103 13 10 | --- Of a fat content not exceeding 1,5 % by weight | 173 EUR/1 000 kg | 7 |
| 1103 13 90 | --- Other | 98 EUR/1 000 kg | 7 |
| 1103 19 20 | --- Of rye or barley | 171 EUR/1 000 kg | 0 |
| 1103 19 40 | --- Of oats | 164 EUR/1 000 kg | 0 |
| 1103 19 50 | --- Of rice | 138 EUR/1 000 kg | 0 |
| 1103 19 90 | --- Other | 98 EUR/1 000 kg | 0 |
| 1103 20 25 | -- Of rye or barley | 171 EUR/1 000 kg | 0 |
| 1103 20 30 | -- Of oats | 164 EUR/1 000 kg | 0 |
| 1103 20 40 | -- Of maize | 173 EUR/1 000 kg | 3 |
| 1103 20 50 | -- Of rice | 138 EUR/1 000 kg | 0 |
| 1103 20 60 | -- Of wheat | 175 EUR/1 000 kg | 0 |
| 1103 20 90 | -- Other | 98 EUR/1 000 kg | 0 |
| 1104 12 10 | --- Rolled | 93 EUR/1 000 kg | 0 |
| 1104 12 90 | --- Flaked | 182 EUR/1 000 kg | 0 |
| 1104 19 10 | --- Of wheat | 175 EUR/1 000 kg | 5 |
| 1104 19 30 | --- Of rye | 171 EUR/1 000 kg | 0 |
| 1104 19 50 | --- Of maize | 173 EUR/1 000 kg | 7 |
| 1104 19 61 | ---- Rolled | 97 EUR/1 000 kg | 0 |
| 1104 19 69 | ---- Flaked | 189 EUR/1 000 kg | 0 |
| 1104 19 91 | ---- Flaked rice | 234 EUR/1 000 kg | 0 |
| 1104 19 99 | ---- Other | 173 EUR/1 000 kg | 0 |
| 1104 22 40 | --- Hulled (shelled or husked), whether or not sliced or kibbled | 162 EUR/1 000 kg | 0 |
| 1104 22 50 | --- Pearled | 145 EUR/1 000 kg | 0 |
| 1104 22 95 | --- Other | 93 EUR/1 000 kg | 0 |
| 1104 23 40 | --- Hulled (shelled or husked), whether or not sliced or kibbled; pearled | 152 EUR/1 000 kg | 7 |
| 1104 23 98 | --- Other | 98 EUR/1 000 kg | 3 |
| 1104 29 04 | ---- Hulled (shelled or husked), whether or not sliced or kibbled | 150 EUR/1 000 kg | 0 |
| 1104 29 05 | ---- Pearled | 236 EUR/1 000 kg | 0 |
| 1104 29 08 | ---- Other | 97 EUR/1 000 kg | 0 |
| 1104 29 17 | ---- Hulled (shelled or husked), whether or not sliced or kibbled | 129 EUR/1 000 kg | 5 |
| 1104 29 30 | ---- Pearled | 154 EUR/1 000 kg | 0 |
| 1104 29 51 | ----- Of wheat | 99 EUR/1 000 kg | 0 |
| 1104 29 55 | ----- Of rye | 97 EUR/1 000 kg | 0 |
| 1104 29 59 | ----- Other | 98 EUR/1 000 kg | 0 |
| 1104 29 81 | ----- Of wheat | 99 EUR/1 000 kg | 0 |
| 1104 29 85 | ----- Of rye | 97 EUR/1 000 kg | 0 |
| 1104 29 89 | ----- Other | 98 EUR/1 000 kg | 0 |
| 1104 30 10 | -- Of wheat | 76 EUR/1 000 kg | 0 |
| 1104 30 90 | -- Of other cereals | 75 EUR/1 000 kg | 3 |
| 1108 11 00 | -- Wheat starch | 224 EUR/1 000 kg | 7 |
| 1108 12 00 | -- Maize (corn) starch | 166 EUR/1 000 kg | TRQ-SH1 |
| 1108 13 00 | -- Potato starch | 166 EUR/1 000 kg | 3 |
| 1108 14 00 | -- Manioc (cassava) starch | 166 EUR/1 000 kg | 7 |
| 1108 19 10 | --- Rice starch | 216 EUR/1 000 kg | 3 |
| 1108 19 90 | --- Other | 166 EUR/1 000 kg | 3 |
| 1108 20 00 | - Inulin | 19,2 % | 3 |
| 1109 00 00 | Wheat gluten, whether or not dried | 512 EUR/1 000 kg | 3 |
| 1509 10 10 | -- Lampante olive oil | 122,6 EUR/100 kg | 0 |
| 1509 10 90 | -- Other | 124,5 EUR/100 kg | 0 |
| 1509 90 00 | - Other | 134,6 EUR/100 kg | 0 |
| 1517 10 10 | -- Containing, by weight, more than 10 % but not more than 15 % of milkfats | 0 % + 28,4 EUR/100 Kg | 0 |
| 1517 90 10 | -- Containing, by weight, more than 10 % but not more than 15 % of milkfats | 0 % + 28,4 EUR/100 Kg | 0 |
| 1601 00 91 | -- Sausages, dry or for spreading, uncooked | 149,4 EUR/100 kg | 0 |
| 1601 00 99 | -- Other | 100,5 EUR/100 kg | 0 |
| 1602 31 11 | ---- Containing exclusively uncooked turkey meat | 102,4 EUR/100 kg | 3 |
| 1602 31 19 | ---- Other | 102,4 EUR/100 kg | 3 |
| 1602 31 80 | --- Other | 102,4 EUR/100 kg | 3 |
| 1602 32 11 | ---- Uncooked | 276,5 EUR/100 kg | TRQ-PY |
| 1602 32 19 | ---- Other | 102,4 EUR/100 kg | TRQ-PY |
| 1602 32 30 | --- Containing 25 % or more but less than 57 % by weight of poultry meat or offal | 276,5 EUR/100 kg | TRQ-PY |
| 1602 32 90 | --- Other | 276,5 EUR/100 kg | TRQ-PY |
| 1602 39 21 | ---- Uncooked | 276,5 EUR/100 kg | 0 |
| 1602 39 29 | ---- Other | 276,5 EUR/100 kg | 0 |
| 1602 39 85 | --- Other | 276,5 EUR/100 kg | 0 |
| 1602 41 10 | --- Of domestic swine | 156,8 EUR/100 kg | 7 |
| 1602 42 10 | --- Of domestic swine | 129,3 EUR/100 kg | 3 |
| 1602 49 11 | ----- Loins (excluding collars) and cuts thereof, including mixtures of loins or hams | 156,8 EUR/100 kg | 7 |
| 1602 49 13 | ----- Collars and cuts thereof, including mixtures of collars and shoulders | 129,3 EUR/100 kg | 3 |
| 1602 49 15 | ----- Other mixtures containing hams (legs), shoulders, loins or collars, and cuts thereof | 129,3 EUR/100 kg | 3 |
| 1602 49 19 | ----- Other | 85,7 EUR/100 kg | 3 |
| 1602 49 30 | ---- Containing by weight 40 % or more but less than 80 % of meat or meat offal, of any kind, including fats of any kind or origin | 75 EUR/100 kg | 3 |
| 1602 49 50 | ---- Containing by weight less than 40 % of meat or meat offal, of any kind, including fats of any kind or origin | 54,3 EUR/100 kg | 3 |
| 1602 50 10 | -- Uncooked; mixtures of cooked meat or offal and uncooked meat or offal | 303,4 EUR/100 kg | E |
| 1602 50 31 | --- Corned beef, in airtight containers | 16,6 % | 7 |
| 1602 50 95 | --- Other | 16,6 % | 7 |
| 1602 90 61 | ------ Uncooked; mixtures of cooked meat or offal and uncooked meat or offal | 303,4 EUR/100 kg | E |
| 1604 14 21 | ----- In vegetable oil | 24 % | TRQ-TN1/7 |
| 1604 14 26 | ------ Fillets known as "loins" | 24 % | TRQ-TN2/5 |
| 1604 14 28 | ------ Other | 24 % | TRQ-TN1/7 |
| 1604 14 31 | ----- In vegetable oil | 24 % | TRQ-TN1/7 |
| 1604 14 36 | ------ Fillets known as "loins" | 24 % | TRQ-TN2/5 |
| 1604 14 38 | ------ Other | 24 % | TRQ-TN1/7 |
| 1604 14 41 | ----- In vegetable oil | 24 % | TRQ-TN1/7 |
| 1604 14 46 | ------ Fillets known as "loins" | 24 % | TRQ-TN2/5 |
| 1604 14 48 | ------ Other | 24 % | TRQ-TN1/7 |
| 1604 14 90 | --- Bonito (Sarda spp.) | 25 % | TRQ-TN1/7 |
| 1604 19 31 | ---- Fillets known as "loins" | 24 % | 5 |
| 1604 19 39 | ---- Other | 24 % | TRQ-TN1/7 |
| 1604 20 70 | --- Of tuna, skipjack or other fish of the genus Euthynnus | 24 % | TRQ-TN1/7 |
| 1701 12 10 | --- For refining | 33,9 EUR/100 kg (Note 6) | E |
| 1701 12 90 | --- Other | 41,9 EUR/100 kg | E |
| 1701 13 10 | --- For refining | 33,9 EUR/100 kg (Note 6) | TRQ-SR1 |
| 1701 13 90 | --- Other | 41,9 EUR/100 kg | TRQ-SR2 |
| 1701 14 10 | --- For refining | 33,9 EUR/100 kg (Note 6) | TRQ-SR1 |
| 1701 14 90 | --- Other | 41,9 EUR/100 kg | E |
| 1701 91 00 | -- Containing added flavouring or colouring matter | 41,9 EUR/100 kg | E |
| 1701 99 10 | --- White sugar | 41,9 EUR/100 kg | E |
| 1701 99 90 | --- Other | 41,9 EUR/100 kg | E |
| 1702 11 00 | -- Containing by weight 99 % or more lactose, expressed as anhydrous lactose, calculated on the dry matter | 14 EUR/100 kg | 0 |
| 1702 19 00 | -- Other | 14 EUR/100 kg | 0 |
| 1702 20 10 | -- Maple sugar in solid form, containing added flavouring or colouring matter | 0,4 EUR/100 kg (Note 7) | 0 |
| 1702 20 90 | -- Other | 8 % | 0 |
| 1702 30 10 | -- Isoglucose | 50,7 EUR/100 kg/net mas | TRQ-SR3 |
| 1702 30 50 | --- In the form of white crystalline powder, whether or not agglomerated | 26,8 EUR/100 kg | TRQ-SR3 |
| 1702 30 90 | --- Other | 20 EUR/100 kg | TRQ-SR3 |
| 1702 40 10 | -- Isoglucose | 50,7 EUR/100 kg/net mas | TRQ-SR3 |
| 1702 40 90 | -- Other | 20 EUR/100 kg | TRQ-SR3 |
| 1702 50 00 | - Chemically pure fructose | 16 % + 50,7 EUR/100 kg/net mas | TRQ-SR3 |
| 1702 60 10 | -- Isoglucose | 50,7 EUR/100 kg/net mas | TRQ-SR3 |
| 1702 60 80 | -- Inulin syrup | 0,4 EUR/100 kg (Note 7) | 7 |
| 1702 60 95 | -- Other |  |  |
| ex 1702 60 95 | ---- Fructose syrup derived from saps, extracts or concentrates of Agave (Agave tequilana or Agave salmiana), of a Brix value exceeding 74, containing in the dry state not more than 4 % by weight of sucrose, not more than 25 % by weight of glucose and more than 70 % by weight of fructose, not containing other sweetening matter, whether or not refined, put up in containers not exceeding 5,6 kg for retail sale | 0,4 EUR/100 kg (Note 7) | 0 |
| ex 1702 60 95 | ---Other | 0,4 EUR/100 kg (Note 7) | TRQ-SR3 |
| 1702 90 10 | -- Chemically pure maltose | 12,8 % | 3 |
| 1702 90 30 | -- Isoglucose | 50,7 EUR/100 kg/net mas | TRQ-SR3 |
| 1702 90 50 | -- Maltodextrine and maltodextrine syrup | 20 EUR/100 kg | 7 |
| 1702 90 71 | --- Containing 50 % or more by weight of sucrose in the dry matter | 0,4 EUR/100 kg (Note 7) | 7 |
| 1702 90 75 | ---- In the form of powder, whether or not agglomerated | 27,7 EUR/100 kg | 7 |
| 1702 90 79 | ---- Other | 19,2 EUR/100 kg | 7 |
| 1702 90 80 | -- Inulin syrup | 0,4 EUR/100 kg (Note 7) | 7 |
| 1702 90 95 | -- Other | 0,4 EUR/100 kg (Note 7) | 7 |
| 1703 10 00 | - Cane molasses | 0 EUR/kg | 0 |
| 1703 90 00 | - Other | 0 EUR/kg | 0 |
| 1704 10 10 | -- Containing less than 60 % by weight of sucrose (including invert sugar expressed as sucrose) | 27,1 EUR/100 kg MAX 17,9 % | TRQ-CW/7 |
| 1704 10 90 | -- Containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) | 30,9 EUR/100 kg MAX 18,2 % | TRQ-CW/7 |
| 1704 90 30 | -- White chocolate | 16,5 EUR/100 kg | 5 |
| 1704 90 51 | --- Pastes, including marzipan, in immediate packings of a net content of 1 kg or more | 0 % + EA MAX 0+ ADSZ (Note 1) | 5 |
| 1704 90 55 | --- Throat pastilles and cough drops | 0 % + EA MAX 0 + ADSZ (Note 1) | 5 |
| 1704 90 61 | --- Sugar-coated (panned) goods | 0 % + EA MAX 0 + ADSZ (Note 1) | 5 |
| 1704 90 65 | ---- Gum confectionery and jelly confectionery, including fruit pastes in the form of sugar confectionery | 0 % + EA MAX 0 + ADSZ (Note 1) | 5 |
| 1704 90 71 | ---- Boiled sweets, whether or not filled | 0 % + EA MAX 0 + ADSZ (Note 1) | 5 |
| 1704 90 75 | ---- Toffees, caramels and similar sweets | 0 % + EA MAX 0 + ADSZ (Note 1) | 5 |
| 1704 90 81 | ----- Compressed tablets | 0 % + EA MAX 0 + ADSZ (Note 1) | 5 |
| 1704 90 99 | ----- Other |  |  |
| ex 1704 90 99 | ------ Pastes, marzipan, and nougat, in immediate packings of less than 1 kg, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose; other prepared sugar confectionery, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 0 % + EA MAX 0 + ADSZ (Note 1) | TRQ-SR3 |
| ex 1704 90 99 | ------ Pastes, marzipan, and nougat, in immediate packings of less than 1 kg, containing less than 70 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose; other prepared sugar confectionery, containing less than 70 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 0 % + EA MAX 0 + ADSZ (Note 1) | 7 |
| 1806 10 15 | -- Containing no sucrose or containing less than 5 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 8 % | 0 |
| 1806 10 20 | -- Containing 5 % or more but less than 65 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 8 % + 25,2 EUR/100 kg | 3 |
| 1806 10 30 | -- Containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 8 % + 31,4 EUR/100 kg | TRQ-SR3 |
| 1806 10 90 | -- Containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 8 % + 41,9 EUR/100 kg | TRQ-SR3 |
| 1806 20 10 | -- Containing 31 % or more by weight of cocoa butter or containing a combined weight of 31 % or more of cocoa butter and milkfat | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 20 30 | -- Containing a combined weight of 25 % or more, but less than 31 % of cocoa butter and milkfat | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 20 50 | --- Containing 18 % or more by weight of cocoa butter | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 20 70 | --- Chocolate milk crumb | 15,4 % + EA (Note 1) | 3 |
| 1806 20 80 | --- Chocolate flavour coating | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 20 95 | --- Other | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 7 |
| 1806 31 00 | -- Filled | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 32 10 | --- With added cereal, fruit or nuts | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 32 90 | --- Other | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 90 11 | ---- Containing alcohol | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 5 |
| 1806 90 19 | ---- Other | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 5 |
| 1806 90 31 | ---- Filled | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 5 |
| 1806 90 39 | ---- Not filled | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 5 |
| 1806 90 50 | -- Sugar confectionery and substitutes therefor made from sugar substitution products, containing cocoa | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 90 60 | -- Spreads containing cocoa | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 5 |
| 1806 90 70 | -- Preparations containing cocoa for making beverages | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1806 90 90 | -- Other | 8,3 % + EA MAX 18,7 + ADSZ (Note 1) | 0 |
| 1901 10 00 | - Preparations for infant use, put up for retail sale | 7,6 % + EA (Note 1) | 0 |
| 1901 20 00 | - Mixes and doughs for the preparation of bakers' wares of heading 1905 | 0 % + EA (Note 1) | 0 |
| 1901 90 11 | --- With a dry extract content of 90 % or more by weight | 0 %+ 18 EUR/100 kg | 0 |
| 1901 90 19 | --- Other | 0 % + 14,7 EUR/100 kg | 0 |
| 1901 90 99 | --- Other | 7,6 % + EA (Note 1) | 7 |
| 1902 11 00 | -- Containing eggs | 7,7 % + 24,6 EUR/100 kg | 3 |
| 1902 19 10 | --- Containing no common wheat flour or meal | 7,7 % + 24,6 EUR/100 kg | 0 |
| 1902 19 90 | --- Other | 7,7 % + 21,1 EUR/100 kg | 0 |
| 1902 20 91 | --- Cooked | 8,3 % + 6,1 EUR/100 kg | 0 |
| 1902 20 99 | --- Other | 8,3 % + 17,1 EUR/100 kg | 0 |
| 1902 30 10 | -- Dried | 6,4 % + 24,6 EUR/100 kg | 0 |
| 1902 30 90 | -- Other | 6,4 % + 9,7 EUR/100 kg | 0 |
| 1902 40 10 | -- Unprepared | 7,7 % + 24,6 EUR/100 kg | 0 |
| 1902 40 90 | -- Other | 6,4 % + 9,7 EUR/100 kg | 0 |
| 1903 00 00 | Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms | 6,4 % + 15,1 EUR/100 kg | 0 |
| 1904 10 10 | -- Obtained from maize | 0 % + 20 EUR/100 kg | 3 |
| 1904 10 30 | -- Obtained from rice | 0 % + 46 EUR/100 kg | 0 |
| 1904 10 90 | -- Other | 0 % + 33,6 EUR/100 kg | 0 |
| 1904 20 10 | -- Preparation of the Müsli type based on unroasted cereal flakes | 9 % + EA (Note 1) | 0 |
| 1904 20 91 | --- Obtained from maize | 0 % + 20 EUR/100 kg | 3 |
| 1904 20 95 | --- Obtained from rice | 5,1 % + 46 EUR/100 kg | 0 |
| 1904 20 99 | --- Other | 5,1 % + 33,6 EUR/100 kg | 0 |
| 1904 30 00 | - Bulgur wheat | 8,3 % + 25,7 EUR/100 kg | 0 |
| 1904 90 10 | -- Obtained from rice | 8,3 % + 46 EUR/100 kg | 0 |
| 1904 90 80 | -- Other | 8,3 % + 25,7 EUR/100 kg | 0 |
| 1905 10 00 | - Crispbread | 5,8 % + 13 EUR/100 kg | 0 |
| 1905 20 10 | -- Containing by weight less than 30 % of sucrose (including invert sugar expressed as sucrose) | 9,4 % + 18,3 EUR/100 kg | 0 |
| 1905 20 30 | -- Containing by weight 30 % or more but less than 50 % of sucrose (including invert sugar expessed as sucrose) | 9,8 % + 24,6 EUR/100 kg | 3 |
| 1905 20 90 | -- Containing by weight 50 % or more of sucrose (including invert sugar expressed as sucrose) | 10,1 % + 31,4 EUR/100 kg | 7 |
| 1905 31 11 | ---- In immediate packings of a net content not exceeding 85 g | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 31 19 | ---- Other | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 31 30 | ---- Containing 8 % or more by weight of milkfats | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 31 91 | ----- Sandwich biscuits | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 31 99 | ----- Other | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 32 05 | --- With a water content exceeding 10 % by weight | 9 % + EA MAX 20,7 + ADFM (Note 1) | 0 |
| 1905 32 11 | ----- In immediate packings of a net content not exceeding 85 g | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 32 19 | ----- Other | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 32 91 | ----- Salted, whether or not filled | 9 % + EA MAX 20,7 + ADFM (Note 1) | 0 |
| 1905 32 99 | ----- Other | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 0 |
| 1905 40 10 | -- Rusks | 9,7 % + EA (Note 1) | 5 |
| 1905 40 90 | -- Other | 9,7 % + EA (Note 1) | 5 |
| 1905 90 10 | -- Matzos | 0 % + 15,9 EUR/100 kg | 3 |
| 1905 90 20 | -- Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products | 0 % + 60,5 EUR/100 kg | 3 |
| 1905 90 30 | --- Bread, not containing added honey, eggs, cheese or fruit, and containing by weight in the dry matter state not more than 5 % of sugars and not more than 5 % of fat | 9,7 % + EA (Note 1) | 0 |
| 1905 90 45 | --- Biscuits | 9 % + EA MAX 20,7 + ADFM (Note 1) | 0 |
| 1905 90 55 | --- Extruded or expanded products, savoury or salted | 9 % + EA MAX 20,7 + ADFM (Note 1) | 3 |
| 1905 90 60 | ---- With added sweetening matter | 9 % + EA MAX 24,2 + ADSZ (Note 1) | 5 |
| 1905 90 90 | ---- Other | 9 % + EA MAX 20,7 + ADFM (Note 1) | 3 |
| 2001 90 30 | -- Sweetcorn (Zea mays var. saccharata) | 5,1 % + 9,4 EUR/100 kg (Note 3) | 7 |
| 2001 90 40 | -- Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch | 8,3 % + 3,8 EUR/100 kg (Note 3) | 0 |
| 2002 10 10 | -- Peeled | 14,4 % | 5 |
| 2002 10 90 | -- Other | 14,4 % | 5 |
| 2002 90 11 | --- In immediate packings of a net content exceeding 1 kg | 14,4 % | 7 |
| 2002 90 19 | --- In immediate packings of a net content not exceeding 1 kg | 14,4 % | 7 |
| 2002 90 31 | --- In immediate packings of a net content exceeding 1 kg | 14,4 % | 7 |
| 2002 90 39 | --- In immediate packings of a net content not exceeding 1 kg | 14,4 % | 7 |
| 2002 90 91 | --- In immediate packings of a net content exceeding 1 kg | 14,4 % | 7 |
| 2002 90 99 | --- In immediate packings of a net content not exceeding 1 kg | 14,4 % | 7 |
| 2004 10 91 | --- In the form of flour, meal or flakes | 7,6 % + EA (Note 1) | 0 |
| 2004 90 10 | -- Sweetcorn (Zea mays var. saccharata) | 5,1 % + 9,4 EUR/100 kg (Note 3) | 7 |
| 2005 20 10 | -- In the form of flour, meal or flakes | 8,8 % + EA (Note 1) | 0 |
| 2005 60 00 | - Asparagus | 17,6 % | TRQ-ASP/7 |
| 2005 80 00 | - Sweetcorn (Zea mays var. saccharata) | 5,1 % + 9,4 EUR/100 kg (Note 3) | 7 |
| 2006 00 31 | --- Cherries | 20 % + 23,9 EUR/100 kg | 7 |
| 2007 10 10 | -- With a sugar content exceeding 13 % by weight | 24 % + 4,2 EUR/100 kg | 3 |
| 2007 91 10 | --- With a sugar content exceeding 30 % by weight | 20 % + 23 EUR/100 kg | 3 |
| 2007 91 30 | --- With a sugar content exceeding 13 % but not exceeding 30 % by weight | 20 % + 4,2 EUR/100 kg | 3 |
| 2007 99 10 | ---- Plum purée and paste and prune purée and paste, in immediate packings of a net content exceeding 100 kg, for industrial processing | 22,4 % | 0 |
| 2007 99 20 | ---- Chestnut purée and paste | 24 % + 19,7 EUR/100 kg | 0 |
| 2008 30 55 | ---- Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids | 18,4 % | 3 |
| 2008 30 75 | ---- Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids | 17,6 % | 3 |
| 2008 40 51 | ---- With a sugar content exceeding 13 % by weight | 17,6 % | 3 |
| 2008 40 59 | ---- Other | 16 % | 0 |
| 2008 40 71 | ---- With a sugar content exceeding 15 % by weight | 19,2 % | 3 |
| 2008 40 79 | ---- Other | 17,6 % | 3 |
| 2008 40 90 | --- Not containing added sugar | 16,8 % | 0 |
| 2008 50 61 | ---- With a sugar content exceeding 13 % by weight | 19,2 % | 3 |
| 2008 50 69 | ---- Other | 17,6 % | 3 |
| 2008 50 71 | ---- With a sugar content exceeding 15 % by weight | 20,8 % | 3 |
| 2008 50 79 | ---- Other | 19,2 % | 3 |
| 2008 50 92 | ---- Of 5 kg or more | 13,6 % | 3 |
| 2008 50 98 | ---- Of less than 5 kg | 18,4 % (Note 8) | 3 |
| 2008 70 61 | ---- With a sugar content exceeding 13 % by weight | 19,2 % | 0 |
| 2008 70 69 | ---- Other | 17,6 % | 0 |
| 2008 70 71 | ---- With a sugar content exceeding 15 % by weight | 19,2 % | 0 |
| 2008 70 79 | ---- Other | 17,6 % | 0 |
| 2008 70 92 | ---- Of 5 kg or more | 15,2 % | 0 |
| 2008 70 98 | ---- Of less than 5 kg | 18,4 % | 0 |
| 2008 97 51 | ------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit) | 11 % | 0 |
| 2008 97 59 | ------- Other | 17,6 % | 0 |
| 2008 97 74 | -------- Other | 13,6 % | 0 |
| 2008 97 92 | ------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit) | 11,5 % | 0 |
| 2008 97 93 | ------- Other | 18,4 % | 0 |
| 2008 97 94 | ------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit) | 11,5 % | 0 |
| 2008 97 96 | ------- Other | 18,4 % | 0 |
| 2008 97 97 | ------- Of tropical fruit (including mixtures containing by weight 50 % or more of tropical nuts and tropical fruit) | 11,5 % | 0 |
| 2008 97 98 | ------- Other | 18,4 % | 0 |
| 2008 99 85 | ----- Maize (corn), other than sweetcorn (Zea mays var. saccharata) | 5,1 % + 9,4 EUR/100 kg (Note 3) | 5 |
| 2008 99 91 | ----- Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch | 8,3 % + 3,8 EUR/100 kg (Note 3) | 0 |
| 2009 11 11 | ---- Of a value not exceeding € 30 per 100 kg net weight | 33,6 % + 20,6 EUR/100 kg | TRQ-OJ/3 |
| 2009 11 19 | ---- Other | 33,6 % | TRQ-OJ/3 |
| 2009 11 91 | ---- Of a value not exceeding € 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight | 15,2 % + 20,6 EUR/100 kg | TRQ-OJ/3 |
| 2009 11 99 | ---- Other | 15,2 % | 0 |
| 2009 12 00 | -- Not frozen, of a Brix value not exceeding 20 | 12,2 % | 0 |
| 2009 19 11 | ---- Of a value not exceeding € 30 per 100 kg net weight | 33,6 % + 20,6 EUR/100 kg | 0 |
| 2009 19 19 | ---- Other | 33,6 % | 0 |
| 2009 19 91 | ---- Of a value not exceeding € 30 per 100 kg net weight and with an added sugar content exceeding 30 % by weight | 15,2 % + 20,6 EUR/100 kg | 0 |
| 2009 19 98 | ---- Other | 12,2 % | 0 |
| 2009 31 11 | ---- Containing added sugar | 14,4 % | 7 |
| 2009 31 19 | ---- Not containing added sugar | 15,2 % | 7 |
| 2009 31 51 | ----- Containing added sugar | 14,4 % | 7 |
| 2009 31 59 | ----- Not containing added sugar | 15,2 % | 7 |
| 2009 31 91 | ----- Containing added sugar | 14,4 % | 7 |
| 2009 31 99 | ----- Not containing added sugar | 15,2 % | 7 |
| 2009 39 11 | ---- Of a value not exceeding € 30 per 100 kg net weight | 33,6 % + 20,6 EUR/100 kg | 7 |
| 2009 39 19 | ---- Other | 33,6 % | 7 |
| 2009 39 31 | ----- Containing added sugar | 14,4 % | 7 |
| 2009 39 39 | ----- Not containing added sugar | 15,2 % | 7 |
| 2009 39 51 | ------ With an added sugar content exceeding 30 % by weight | 14,4 % + 20,6 EUR/100 kg | 7 |
| 2009 39 55 | ------ With an added sugar content not exceeding 30 % by weight | 14,4 % | 7 |
| 2009 39 59 | ------ Not containing added sugar | 15,2 % | 7 |
| 2009 39 91 | ------ With an added sugar content exceeding 30 % by weight | 14,4 % + 20,6 EUR/100 kg | 7 |
| 2009 39 95 | ------ With an added sugar content not exceeding 30 % by weight | 14,4 % | 7 |
| 2009 39 99 | ------ Not containing added sugar | 15,2 % | 7 |
| 2009 41 92 | --- Containing added sugar | 15,2 % | 0 |
| 2009 41 99 | --- Not containing added sugar | 16 % | 0 |
| 2009 49 11 | ---- Of a value not exceeding € 30 per 100 kg net weight | 33,6 % + 20,6 EUR/100 kg | 0 |
| 2009 49 19 | ---- Other | 33,6 % | 0 |
| 2009 49 30 | ---- Of a value exceeding € 30 per 100 kg net weight, containing added sugar | 15,2 % | 0 |
| 2009 49 91 | ----- With an added sugar content exceeding 30 % by weight | 15,2 % + 20,6 EUR/100 kg | 0 |
| 2009 49 93 | ----- With an added sugar content not exceeding 30 % by weight | 15,2 % | 0 |
| 2009 49 99 | ----- Not containing added sugar | 16 % | 0 |
| 2009 50 10 | -- Containing added sugar | 16 % | 3 |
| 2009 50 90 | -- Other | 16,8 % | 3 |
| 2009 61 10 | --- Of a value exceeding € 18 per 100 kg net weight | entry price system (Note 2) | 5 |
| 2009 61 90 | --- Of a value not exceeding € 18 per 100 kg net weight | 22,4 % + 27 EUR/hl | 5 |
| 2009 69 11 | ---- Of a value not exceeding € 22 per 100 kg net weight | 40 % + 121 EUR/hl + 20,6 EUR/100 kg | 5 |
| 2009 69 19 | ---- Other | entry price system (Note 2) | 5 |
| 2009 69 51 | ----- Concentrated | entry price system (Note 2) | 5 |
| 2009 69 59 | ----- Other | entry price system (Note 2) | 5 |
| 2009 69 71 | ------ Concentrated | 22,4 % + 131 EUR/hl + 20,6 EUR/100 kg | 5 |
| 2009 69 79 | ------ Other | 22,4 % + 27 EUR/hl + 20,6 EUR/100 kg | 5 |
| 2009 69 90 | ----- Other | 22,4 % + 27 EUR/hl | 5 |
| 2009 71 20 | --- Containing added sugar | 18 % | 3 |
| 2009 71 99 | --- Not containing added sugar | 18 % | 3 |
| 2009 79 11 | ---- Of a value not exceeding € 22 per 100 kg net weight | 30 % + 18,4 EUR/100 kg | 7 |
| 2009 79 19 | ---- Other | 30 % | 5 |
| 2009 79 30 | ---- Of a value exceeding € 18 per 100 kg net weight, containing added sugar | 18 % | 3 |
| 2009 79 91 | ----- With an added sugar content exceeding 30 % by weight | 18 % + 19,3 EUR/100 kg | 7 |
| 2009 79 98 | ----- Other | 18 % | 5 |
| 2009 81 59 | ----- With an added sugar content not exceeding 30 % by weight | 16,8 % | 0 |
| 2009 81 95 | ------ Juice of fruit of the species Vaccinium macrocarpon | 14 % | 0 |
| 2009 89 11 | ----- Of a value not exceeding € 22 per 100 kg net weight | 33,6 % + 20,6 EUR/100 kg | 7 |
| 2009 89 19 | ----- Other | 33,6 % | 5 |
| 2009 89 50 | ----- Of a value exceeding € 18 per 100 kg net weight, containing added sugar | 19,2 % | 3 |
| 2009 89 61 | ------ With an added sugar content exceeding 30 % by weight | 19,2 % + 20,6 EUR/100 kg | 5 |
| 2009 89 63 | ------ With an added sugar content not exceeding 30 % by weight | 19,2 % | 3 |
| 2009 89 69 | ------ Not containing added sugar | 20 % | 3 |
| 2009 89 71 | ------ Cherry juice | 16,8 % | 3 |
| 2009 89 89 | ------- Other | 16,8 % | 3 |
| 2009 89 96 | ------- Cherry juice | 17,6 % | 3 |
| 2009 90 11 | ---- Of a value not exceeding € 22 per 100 kg net weight | 33,6 % + 20,6 EUR/100 kg | 7 |
| 2009 90 19 | ---- Other | 33,6 % | 5 |
| 2009 90 21 | ---- Of a value not exceeding € 30 per 100 kg net weight | 33,6 % + 20,6 EUR/100 kg | 7 |
| 2009 90 29 | ---- Other | 33,6 % | 5 |
| 2009 90 31 | ---- Of a value not exceeding € 18 per 100 kg net weight and with an added sugar content exceeding 30 % by weight | 20 % + 20,6 EUR/100 kg | 7 |
| 2009 90 39 | ---- Other | 20 % | 3 |
| 2009 90 41 | ------ Containing added sugar | 15,2 % | 3 |
| 2009 90 49 | ------ Other | 16 % | 3 |
| 2009 90 51 | ------ Containing added sugar | 16,8 % | 3 |
| 2009 90 59 | ------ Other | 17,6 % | 3 |
| 2009 90 71 | ------ With an added sugar content exceeding 30 % by weight | 15,2 % + 20,6 EUR/100 kg | 5 |
| 2009 90 73 | ------ With an added sugar content not exceeding 30 % by weight | 15,2 % | 3 |
| 2009 90 79 | ------ Not containing added sugar | 16 % | 3 |
| 2009 90 92 | ------- Mixtures of juices of tropical fruit | 10,5 % + 12,9 EUR/100 kg | 0 |
| 2009 90 94 | ------- Other | 16,8 % + 20,6 EUR/100 kg | 3 |
| 2009 90 95 | ------- Mixtures of juices of tropical fruit | 10,5 % | 0 |
| 2009 90 96 | ------- Other | 16,8 % | 3 |
| 2009 90 97 | ------- Mixtures of juices of tropical fruit | 11 % | 0 |
| 2009 90 98 | ------- Other | 17,6 % | 3 |
| 2101 12 92 | --- Preparations with a basis of these extracts, essences or concentrates of coffee | 4 % | 3 |
| 2101 12 98 | --- Other |  |  |
| ex 2101 12 98 | ---- Preparations with a basis of coffee containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 0 % + EA (Note 1) | TRQ-SR3 |
| ex 2101 12 98 | ---- Preparations with a basis of coffee not containing or containing less than 70 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 0 % + EA (Note 1) | 7 |
| 2101 20 98 | --- Other |  |  |
| ex 2101 20 98 | ---- Preparations with a basis of tea or maté, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 0 % + EA (Note 1) | TRQ-SR3 |
| ex 2101 20 98 | ---- Preparations with a basis of tea or maté, not containing or containing less than 70 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 0 % + EA (Note 1) | 7 |
| 2101 30 11 | --- Roasted chicory | 11,5 % | 0 |
| 2101 30 19 | --- Other | 5,1 % + 12,7 EUR/100 kg | 3 |
| 2101 30 91 | --- Of roasted chicory | 14,1 % | 0 |
| 2101 30 99 | --- Other | 10,8 % + 22,7 EUR/100 kg | 3 |
| 2102 10 10 | -- Culture yeast | 3,7 % | 3 |
| 2102 10 31 | --- Dried | 4,2 % | 7 |
| 2102 10 39 | --- Other | 4,2 % | 3 |
| 2102 10 90 | -- Other | 5,1 % | 7 |
| 2102 20 11 | --- In tablet, cube or similar form, or in immediate packings of a net content not exceeding 1 kg | 2,4 % | 0 |
| 2103 20 00 | - Tomato ketchup and other tomato sauces | 10,2 % | 7 |
| 2105 00 10 | - Containing no milkfats or containing less than 3 % by weight of such fats | 8,6 % + 20,2 EUR/100 kg MAX 19,4 % + 9,4 EUR/100 kg | 0 |
| 2105 00 91 | -- 3 % or more but less than 7 % | 8 % + 38,5 EUR/100 kg MAX 18,1 % + 7 EUR/100 kg | 0 |
| 2105 00 99 | -- 7 % or more | 7,9 % + 54 EUR/100 kg MAX 17,8 % + 6,9 EUR/100 kg | 0 |
| 2106 10 20 | -- Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch | 12,8 % | 3 |
| 2106 10 80 | -- Other | EA (Note 1) | 7 |
| 2106 90 20 | -- Compound alcoholic preparations, other than those based on odoriferous substances, of a kind used for the manufacture of beverages | 17,3 % MIN 1 EUR/% vol/hl | 7 |
| 2106 90 30 | --- Isoglucose syrups | 42,7 EUR/100 kg/net mas | 7 |
| 2106 90 55 | ---- Glucose syrup and maltodextrine syrup | 20 EUR/100 kg | 7 |
| 2106 90 59 | ---- Other | 0,4 EUR/100 kg (Note 7) | 7 |
| 2106 90 98 | --- Other |  |  |
| ex 2106 90 98 | ---- Containing by weight 70 % or more of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 9 % + EA (Note 1) | 7 |
| ex 2106 90 98 | ---- Containing by weight less than 70 % of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 9 % + EA (Note 1) | 0 |
| 2202 90 91 | --- Less than 0,2 % | 6,4 % + 13,7 EUR/100 kg | 0 |
| 2202 90 95 | --- 0,2 % or more but less than 2 % | 5,5 % + 12,1 EUR/100 kg | 0 |
| 2202 90 99 | --- 2 % or more | 5,4 % + 21,2 EUR/100 kg | 0 |
| 2204 10 11 | --- Champagne | 32 EUR/hl | 0 |
| 2204 10 91 | --- Asti spumante | 32 EUR/hl | 0 |
| 2204 21 11 | -------- Alsace | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 12 | -------- Bordeaux | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 13 | -------- Bourgogne (Burgundy) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 17 | -------- Val de Loire (Loire Valley) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 18 | -------- Mosel | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 19 | -------- Pfalz | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 22 | -------- Rheinhessen | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 23 | -------- Tokaj | 15,8 EUR/hl (Note 16) | 0 |
| 2204 21 24 | -------- Lazio (Latium) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 26 | -------- Toscana (Tuscany) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 27 | -------- Trentino, Alto Adige and Friuli | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 28 | -------- Veneto | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 32 | -------- Vinho Verde | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 34 | -------- Penedés | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 36 | -------- Rioja | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 37 | -------- Valencia | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 38 | -------- Other | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 42 | -------- Bordeaux | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 43 | -------- Bourgogne (Burgundy) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 44 | -------- Beaujolais | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 46 | -------- Vallée du Rhône | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 47 | -------- Languedoc-Roussillon | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 48 | -------- Val de Loire (Loire Valley) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 62 | -------- Piemonte (Piedmont) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 66 | -------- Toscana (Tuscany) | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 67 | -------- Trentino and Alto Adige | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 68 | -------- Veneto | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 69 | -------- Dão, Bairrada and Douro | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 71 | -------- Navarra | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 74 | -------- Penedés | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 76 | -------- Rioja | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 77 | -------- Valdepeñas | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 78 | -------- Other | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 79 | ------- White | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 80 | ------- Other | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 81 | ------- White | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 82 | ------- Other | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 83 | ------- White | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 84 | ------- Other | 15,4 EUR/hl (Note 15) | 0 |
| 2204 21 85 | ------- Madeira and Setubal muscatel | 15,8 EUR/hl (Note 11) | 0 |
| 2204 21 86 | ------- Sherry | 15,8 EUR/hl (Note 11) | 0 |
| 2204 21 87 | ------- Marsala | 20,9 EUR/hl (Note 13) | 0 |
| 2204 21 88 | ------- Samos and Muscat de Lemnos | 20,9 EUR/hl (Note 13) | 0 |
| 2204 21 89 | ------- Port | 15,8 EUR/hl (Note 11) | 0 |
| 2204 21 90 | ------- Other | 20,9 EUR/hl (Note 13) | 0 |
| 2204 21 91 | ------ Other | 20,9 EUR/hl (Note 13) | 0 |
| 2204 21 92 | ----- Of an actual alcoholic strength by volume exceeding 22 % vol | 1,75 EUR/% vol/hl | 0 |
| 2204 29 11 | -------- Tokaj | 14,2 EUR/hl (Note 14) | 0 |
| 2204 29 12 | -------- Bordeaux | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 13 | -------- Bourgogne (Burgundy) | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 17 | -------- Val de Loire (Loire Valley) | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 18 | -------- Other | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 42 | -------- Bordeaux | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 43 | -------- Bourgogne (Burgundy) | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 44 | -------- Beaujolais | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 46 | -------- Vallée du Rhône | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 47 | -------- Languedoc-Roussillon | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 48 | -------- Val de Loire (Loire Valley) | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 58 | -------- Other | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 79 | ------- White | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 80 | ------- Other | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 81 | ------- White | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 82 | ------- Other | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 83 | ------- White | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 84 | ------- Other | 12,1 EUR/hl (Note 17) | 0 |
| 2204 29 85 | ------- Madeira and Setubal muscatel | 13,1 EUR/hl (Note 10) | 0 |
| 2204 29 86 | ------- Sherry | 13,1 EUR/hl (Note 10) | 0 |
| 2204 29 87 | ------- Marsala | 20,9 EUR/hl (Note 12) | 0 |
| 2204 29 88 | ------- Samos and Muscat de Lemnos | 20,9 EUR/hl (Note 12) | 0 |
| 2204 29 89 | ------- Port | 13,1 EUR/hl (Note 10) | 0 |
| 2204 29 90 | ------- Other | 20,9 EUR/hl (Note 12) | 0 |
| 2204 29 91 | ------ Other | 20,9 EUR/hl (Note 12) | 0 |
| 2204 29 92 | ----- Of an actual alcoholic strength by volume exceeding 22 % vol | 1,75 EUR/% vol/hl | 0 |
| 2204 30 10 | -- In fermentation or with fermentation arrested otherwise than by the addition of alcohol | 32 % | 3 |
| 2204 30 92 | ---- Concentrated | entry price system (Note 2) | 7 |
| 2204 30 94 | ---- Other | entry price system (Note 2) | 7 |
| 2204 30 96 | ---- Concentrated | entry price system (Note 2) | 7 |
| 2204 30 98 | ---- Other | entry price system (Note 2) | 7 |
| 2205 10 10 | -- Of an actual alcoholic strength by volume of 18 % vol or less | 10,9 EUR/hl | 0 |
| 2205 10 90 | -- Of an actual alcoholic strength by volume exceeding 18 % vol | 0,9 EUR/% vol/hl + 6,4 EUR/hl | 0 |
| 2205 90 10 | -- Of an actual alcoholic strength by volume of 18 % vol or less | 9 EUR/hl | 0 |
| 2205 90 90 | -- Of an actual alcoholic strength by volume exceeding 18 % vol | 0,9 EUR/% vol/hl | 0 |
| 2207 10 00 | - Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher | 19,2 EUR/hl | TRQ-EL |
| 2207 20 00 | - Ethyl alcohol and other spirits, denatured, of any strength | 10,2 EUR/hl | TRQ-EL |
| 2208 40 11 | --- Rum with a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol (with a 10 % tolerance) | 0,6 EUR/% vol/hl + 3,2 EUR/hl | TRQ-RM |
| 2208 40 39 | ---- Other | 0,6 EUR/% vol/hl + 3,2 EUR/hl | TRQ-RM |
| 2208 40 51 | --- Rum with a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol (with a 10 % tolerance) | 0,6 EUR/% vol/hl | TRQ-RM |
| 2208 40 99 | ---- Other | 0,6 EUR/% vol/hl | TRQ-RM |
| 2208 90 91 | --- 2 litres or less | 1 EUR/% vol/hl + 6,4 EUR/hl | 7 |
| 2208 90 99 | --- More than 2 litres | 1 EUR/% vol/hl | TRQ-EL |
| 2209 00 11 | -- 2 litres or less | 6,4 EUR/hl | 0 |
| 2209 00 19 | -- More than 2 litres | 4,8 EUR/hl | 0 |
| 2209 00 91 | -- 2 litres or less | 5,12 EUR/hl | 0 |
| 2209 00 99 | -- More than 2 litres | 3,84 EUR/hl | 0 |
| 2302 10 10 | -- With a starch content not exceeding 35 % by weight | 44 EUR/1 000 kg | 0 |
| 2302 10 90 | -- Other | 89 EUR/1 000 kg | 3 |
| 2302 40 02 | --- With a starch content not exceeding 35 % by weight | 44 EUR/1 000 kg | 0 |
| 2302 40 08 | --- Other | 89 EUR/1 000 kg | 3 |
| 2303 10 11 | --- Exceeding 40 % by weight | 320 EUR/1 000 kg | 7 |
| 2905 43 00 | -- Mannitol | 9,6 % + 125,8 EUR/100 kg | TRQ-SH2 |
| 2905 44 11 | ---- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content | 7,7 % + 16,1 EUR/100 kg | TRQ-SH2 |
| 2905 44 19 | ---- Other | 9 % + 37,8 EUR/100 kg | TRQ-SH2 |
| 2905 44 91 | ---- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content | 7,7 % + 23 EUR/100 kg | TRQ-SH2 |
| 2905 44 99 | ---- Other | 9 % + 53,7 EUR/100 kg | 7 |
| 3302 10 29 | ----- Other | 0 % +EA (Note 1) | 7 |
| 3502 11 90 | --- Other | 123,5 EUR/100 kg | TRQ-EG3/10 |
| 3502 19 90 | --- Other | 16,7 EUR/100 kg | TRQ-EG3/10 |
| 3505 10 10 | -- Dextrins | 9 % + 17,7 EUR/100 kg | 7 |
| 3505 10 90 | --- Other | 9 % + 17,7 EUR/100 kg | 7 |
| 3505 20 10 | -- Containing, by weight, less than 25 % of starches or dextrins or other modified starches | 8,3 % + 4,5 EUR/100 kg MAX 11,5 | 3 |
| 3505 20 30 | -- Containing, by weight, 25 % or more but less than 55 % of starches or dextrins or other modified starches | 8,3 % + 8,9 EUR/100 kg MAX 11,5 | 3 |
| 3505 20 50 | -- Containing, by weight, 55 % or more but less than 80 % of starches or dextrins or other modified starches | 8,3 % + 14,2 EUR/100 kg MAX 11,5 | 3 |
| 3505 20 90 | -- Containing, by weight, 80 % or more of starches or dextrins or other modified starches | 8,3 % + 17,7 EUR/100 kg MAX 11,5 | 3 |
| 3809 10 10 | -- Containing by weight less than 55 % of such substances | 8,3 % + 8,9 EUR/100 kg MAX 12,8 | 3 |
| 3809 10 30 | -- Containing by weight 55 % or more but less than 70 % of such substances | 8,3 % + 12,4 EUR/100 kg MAX 12,8 | 3 |
| 3809 10 50 | -- Containing by weight 70 % or more but less than 83 % of such substances | 8,3 % + 15,1 EUR/100 kg MAX 12,8 | 3 |
| 3809 10 90 | -- Containing by weight 83 % or more of such substances | 8,3 % + 17,7 EUR/100 kg MAX 12,8 | 3 |
| 3824 60 11 | --- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content | 7,7 % + 16,1 EUR/100 kg | TRQ-SH2 |
| 3824 60 19 | --- Other | 9 % + 37,8 EUR/100 kg | TRQ-SH2 |
| 3824 60 91 | --- Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content | 7,7 % + 23 EUR/100 kg | 7 |
| 3824 60 99 | --- Other | 9 % + 53,7 EUR/100 kg | 7 |
| 1) | For greater certainty, the abbreviations ADSZ, EA, EUR/hl, EUR/kg, EUR/100 kg, EUR/1 000 kg, EUR/100 kg/net mas, EUR/1 000 p/st, EUR/kg/lactic matter, EUR/% vol/hl and MAX have the same meaning as similar abbreviations used in the Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. | | |
| Note 1 | Legal reference for the EA (Agricultural component): Annex 1 to Commission Implementing Regulation (EU) 2015/1754 of 6 October 2015 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. | | |
| Note 2 | Legal reference for entry prices: Annex 2 to Commission Implementing Regulation (EU) 2015/1754 of 6 October 2015 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. | | |
| Note 3 | The specific amount is charged as an autonomous measure on the net drained weight. | | |
| Note 4 | The European Union undertakes, in respect of cereals of headings: ex 1001 wheat,1002 rye,ex 1005 maize, except hybrid seed, and ex 1007 sorghum, except hybrids for sowing,to apply a duty at a level and in a manner so that the duty-paid import price for such cereals will not be greater than the effective intervention price (or in the event of a modification of the current system, the effective support price) increased by 55 %.The duty applied shall in no case exceed the duty shown as the base rate (see footnotes to the indicated tariff items in Chapter 10 of Commission Implementing Regulation (EU) 2015/1754 of 6 October amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff). | | |
| Note 5 | The European Union undertakes, in respect of husked rice of subheadings 1006 20 11 to 1006 20 98, to apply a duty at a level and in a manner so that the duty-paid import price will not be greater than the effective intervention price (or in the event of a modification of the current system, the effective support price) increased by: 88 % for Japonica rice, and 80 % for Indica rice. In respect of milled rice, the percentages referred to above will be increased according to the existing method of calculation of the threshold price for milled rice. The duty applied shall in no case exceed the duty shown as the base rate (see footnotes to the indicated tariff items in Chapter 10 of Commission Implementing Regulation (EU) 2015/1754 of 6 October amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff). | | |
| Note 6 | This rate applies to raw sugar with a yield of 92 %. | | |
| Note 7 | Per 1 % of sucrose by weight, including other sugars expressed as sucrose (see additional note 4 to Chapter 17 of Commission Implementing Regulation (EU) 2015/1754 of 6 October 2015 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff). | | |
| Note 8 | Of 4,5 kg or more but less than 5 kg: Autonomous rate of duty: 17 %. | | |
| Note 9 | From 1 January to 31 May: 8,5 %; from 1 June to 31 October: 12 %; from 1 November to 31 December: 8,5 %. | | |
| Note 10 | Of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol: 12,1 EUR/hl. Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol: 13,1 EUR/hl. | | |
| Note 11 | Of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol: 14,8 EUR/hl. Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol: 15,8 EUR/hl. | | |
| Note 12 | Of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol: 15,4 EUR/hl. Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol: 20,9 EUR/hl. | | |
| Note 13 | Of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol: 18,6 EUR/hl. Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol: 20,9 EUR/hl. | | |
| Note 14 | Of an actual alcoholic strength by volume not exceeding 13 % vol: 13,1 EUR/hl. Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol: 14,2 EUR/hl. | | |
| Note 15 | Of an actual alcoholic strength by volume not exceeding 13 % vol: 13,1 EUR/hl. Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol: 15,4 EUR/hl. | | |
| Note 16 | Of an actual alcoholic strength by volume not exceeding 13 % vol: 14,8 EUR/hl. Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol: 15,8 EUR/hl. | | |
| Note 17 | Of an actual alcoholic strength by volume not exceeding 13 % vol: 9,9 EUR/hl. Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol: 12,1 EUR/hl. | | |

  

Appendix 2-A-2

TARIFF ELIMINATION SCHEDULE OF MEXICOi

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| HS Code 2012(1)  (8 digits) | Description | Base Rate | Staging Category | (\*) |
| 0102.29.99 | Other. | 15 % | 0 |  |
| 0102.39.99 | Other. | 15 % | 0 |  |
| 0102.90.99 | Other. | 15 % | 0 |  |
| 0103.91.02 | Peccaries. | 20 % | 0 |  |
| 0103.91.99 | Other. | 20 % | 0 |  |
| 0103.92.03 | Peccaries. | 20 % | 0 |  |
| 0103.92.99 | Other. | 20 % | 0 |  |
| 0104.10.02 | For slaughter. | 10 % | 7 |  |
| 0104.10.99 | Other. | 10 % | 7 |  |
| 0104.20.99 | Other. | 10 % | 7 |  |
| 0105.12.01 | Turkeys. | 10 % | 0 |  |
| 0105.94.01 | Fighting cocks. | 20 % | 0 |  |
| 0105.94.99 | Other. | 10 % | 0 |  |
| 0105.99.99 | Other. | 10 % | 0 |  |
| 0201.10.01 | Carcasses and half-carcasses. | 20 % | E |  |
| 0201.20.99 | Other cuts with bone in. | 20 % | TRQ-BF1 |  |
| 0201.30.01 | Boneless. | 20 % | TRQ-BF1 |  |
| 0202.10.01 | Carcasses and half-carcasses. | 25 % | E |  |
| 0202.20.99 | Other cuts with bone in. | 25 % | TRQ-BF1 |  |
| 0202.30.01 | Boneless. | 25 % | TRQ-BF1 |  |
| 0203.11.01 | Carcasses and half-carcasses. | 20 % | 7 |  |
| 0203.12.01 | Hams, shoulders and cuts thereof, with bone in. | 20 % | 7 |  |
| 0203.19.99 | Other. | 20 % | 7 |  |
| 0203.21.01 | Carcasses and half-carcasses. | 20 % | 7 |  |
| 0203.22.01 | Hams, shoulders and cuts thereof, with bone in. | 20 % | 7 |  |
| 0203.29.99 | Other. |  |  |  |
| ex 0203.29.99 | Loins and cuts thereof, with or without bone. | 20 % | TRQ-PK |  |
| ex 0203.29.99 | - Other. | 20 % | 7 |  |
| 0204.10.01 | Lamb carcasses and half-carcasses, fresh or chilled. | 10 % | 7 |  |
| 0204.21.01 | Carcasses and half-carcasses. | 10 % | 7 |  |
| 0204.22.99 | Other cuts with bone in. | 10 % | 7 |  |
| 0204.23.01 | Boneless. | 10 % | 7 |  |
| 0204.30.01 | Lamb carcasses and half-carcasses, frozen. | 10 % | 7 |  |
| 0204.41.01 | Carcasses and half-carcasses. | 10 % | 7 |  |
| 0204.42.99 | Other cuts with bone in. | 10 % | 7 |  |
| 0204.43.01 | Boneless. | 10 % | 7 |  |
| 0204.50.01 | Goat meat. | 10 % | 7 |  |
| 0206.10.01 | Of bovine animals, fresh or chilled. | 20 % | TRQ-BF2 |  |
| 0206.21.01 | Tongues. | 20 % | 0 |  |
| 0206.22.01 | Livers. | 20 % | 0 |  |
| 0206.29.99 | Other. | 20 % | TRQ-BF2 |  |
| 0206.30.99 | Other. | 20 % | 7 |  |
| 0206.41.01 | Livers. | 10 % | 7 |  |
| 0206.49.99 | Other. | 10 % | 7 |  |
| 0206.80.99 | Other, fresh or chilled. | 10 % | 0 |  |
| 0206.90.99 | Other, frozen. | 10 % | 0 |  |
| 0207.11.01 | Not cut in pieces, fresh or chilled. | 100 % | 7 |  |
| 0207.12.01 | Not cut in pieces, frozen. | 100 % | 7 |  |
| 0207.13.01 | Mechanically deboned. | 100 % | 0 |  |
| 0207.13.02 | Carcasses. | 100 % | 7 |  |
| 0207.13.03 | Legs, thighs or legs and thighs in one piece. | 100 % | TRQ-PY |  |
| 0207.13.99 | Other. | 100 % | 7 |  |
| 0207.14.01 | Mechanically deboned. | 100 % | 0 |  |
| 0207.14.02 | Livers. | 10 % | 7 |  |
| 0207.14.03 | Carcasses. | 100 % | 7 |  |
| 0207.14.04 | Legs, thighs or legs and thighs in one piece. | 100 % | TRQ-PY |  |
| 0207.14.99 | Other. | 100 % | 7 |  |
| 0207.24.01 | Not cut in pieces, fresh or chilled. | 45 % | 7 |  |
| 0207.25.01 | Not cut in pieces, frozen. | 45 % | 7 |  |
| 0207.26.01 | Mechanically deboned. | 100 % | 7 |  |
| 0207.26.02 | Carcasses. | 100 % | 7 |  |
| 0207.26.99 | Other. | 100 % | 7 |  |
| 0207.27.01 | Mechanically deboned. | 100 % | 7 |  |
| 0207.27.02 | Livers. | 10 % | 7 |  |
| 0207.27.03 | Carcasses. | 100 % | 7 |  |
| 0207.27.99 | Other. | 100 % | 7 |  |
| 0207.41.01 | Not cut in pieces, fresh or chilled. | 45 % | 0 |  |
| 0207.42.01 | Not cut in pieces, frozen. | 45 % | 0 |  |
| 0207.44.01 | Other, fresh or chilled. | 45 % | 0 |  |
| 0207.45.01 | Livers. | 10 % | 0 |  |
| 0207.45.99 | Other. | 45 % | 0 |  |
| 0207.51.01 | Not cut in pieces, fresh or chilled. | 45 % | 0 |  |
| 0207.52.01 | Not cut in pieces, frozen. | 45 % | 0 |  |
| 0207.54.01 | Other, fresh or chilled. | 45 % | 0 |  |
| 0207.55.01 | Livers. | 10 % | 0 |  |
| 0207.55.99 | Other. | 45 % | 0 |  |
| 0207.60.01 | Not cut in pieces, fresh or chilled. | 45 % | 0 |  |
| 0207.60.02 | Not cut in pieces, frozen. | 45 % | 0 |  |
| 0207.60.99 | Other. | 45 % | 0 |  |
| 0209.10.01 | Of pigs. | 45 % | 5 |  |
| 0209.90.01 | Of rooster, hen or turkey. | 20 % | 0 |  |
| 0209.90.99 | Other. | 45 % | 0 |  |
| 0210.11.01 | Hams, shoulders and cuts thereof, with bone in. | 10 % | 5 |  |
| 0210.12.01 | Bellies (streaky) and cuts thereof. | 10 % | 5 |  |
| 0210.19.99 | Other. | 10 % | 5 |  |
| 0210.20.01 | Meat of bovine animals. | 10 % | TRQ-BF1 |  |
| 0210.91.01 | Of primates. | 10 % | 0 |  |
| 0210.92.01 | Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia). | 10 % | 0 |  |
| 0210.93.01 | Of reptiles (including snakes and sea turtles). | 10 % | 0 |  |
| 0210.99.01 | Guts or bovine lips, salty or salted. | 10 % | TRQ-BF2 |  |
| 0210.99.02 | Smoked swine skins, whole or cut. | 15 % | 7 |  |
| 0210.99.03 | Birds, salty or in brine. | 10 % | 7 |  |
| 0210.99.99 | Other. | 10 % | 7 |  |
| 0401.10.01 | In airtight containers. | 10 % | TRQ-FM |  |
| 0401.10.99 | Other. | 10 % | 7 |  |
| 0401.20.01 | In airtight containers. | 10 % | TRQ-FM |  |
| 0401.20.99 | Other. | 10 % | 7 |  |
| 0401.40.01 | In airtight containers. | 10 % | TRQ-FM |  |
| 0401.40.99 | Other. | 10 % | 7 |  |
| 0401.50.01 | In airtight containers. | 10 % | TRQ-FM |  |
| 0401.50.99 | Other. | 10 % | 7 |  |
| 0402.10.01 | Milk powder or tablets. | 50 % | TRQ-MP |  |
| 0402.10.99 | Other. | 10 % + 0.36 USD/kg of sugar content | TRQ-MP |  |
| 0402.21.01 | Milk powder or tablets. | 50 % | TRQ-MP |  |
| 0402.21.99 | Other. | 10 % | TRQ-MP |  |
| 0402.29.99 | Other. | 20 % + 0.36 USD/kg of sugar content | TRQ-MP |  |
| 0402.91.01 | Evaporated milk. | 45 % | TRQ-ECM |  |
| 0402.91.99 | Other. | 20 % | TRQ-ECM |  |
| 0402.99.01 | Condensed milk. | 15 % + 0.36 USD/kg of sugar content | TRQ-ECM |  |
| 0402.99.99 | Other. | 20 % + 0.36 USD/kg of sugar content | TRQ-ECM |  |
| 0403.10.01 | Yogurt. | 20 % | 7 |  |
| 0403.90.99 | Other. | 20 % | 7 |  |
| 0404.10.01 | Whey powder, with a protein content not exceeding 12.5 %. | 10 % | TRQ-WY |  |
| 0404.10.99 | Other. | 10 % + 0.36 USD/kg of sugar content | TRQ-WY |  |
| 0404.90.99 | Other. | 20 % | TRQ-WY |  |
| 0405.10.01 | Butter, of a weight not exceeding 1 kg, including immediate packaging | 20 % | TRQ-BT |  |
| 0405.10.99 | Other. | 20 % | TRQ-BT |  |
| 0405.20.01 | Dairy spreads. | 20 % + 0.36 USD/kg of sugar content | TRQ-BT |  |
| 0405.90.99 | Other. | 20 % | TRQ-BT |  |
| 0406.10.01 | Fresh (unripened or uncured) cheese, including whey cheese, and curd. | 45 % | TRQ-FC |  |
| 0406.20.01 | Grated or powdered cheese. | 20 % | TRQ-FC |  |
| 0406.30.01 | With a fat matter content not exceeding 36 % by weight and a fat in dry matter content exceeding 48 % by weight, presented in containers of a net weight exceeding 1 kg. | 45 % | TRQ-FC |  |
| 0406.30.99 | Other. | 45 % | TRQ-FC |  |
| 0406.40.01 | Blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti. | 20 % | 7 |  |
| 0406.90.01 | Hard, known as Sardo, when indicated on the package. | 20 % | 7 |  |
| 0406.90.02 | Hard, known as Reggiano or Reggianito, when indicated on the package. | 0 % | 0 |  |
| 0406.90.03 | Soft, Colonia type, when its composition is: moisture: 35.5 % to 37.7 %, ash: 3.2 % to 3.3 %, fat: 29.0 % to 30.8 %, protein: 25.0 % to 27.5 %, chlorides: 1.3 % to 2.7 %, and acidity: 0.8 % to 0.9 % in lactic acid. | 45 % | 7 |  |
| 0406.90.04 | Grana or Parmigiano-Reggiano, of a fat content, by weight not exceeding 40 % and a water content, by weight, in the non-fatty matter not exceeding 47 %; Danbo, Edam, Fontal, Fontina, Fynbo, Gouda, Havarti, Maribo, Samsoe, Esrom, Italico, Kernhem, Saint-Paulin and Taleggio, of a fat content, by weight, not exceeding 40 % and a water content, by weight, in non-fatty matter higher than 47 % but not exceeding 72 %. | 20 % | TRQ-OC |  |
| 0406.90.05 | Petit Suisse type, with the following composition: moisture 68 % to 70 %, fat 6 % to 8 % (in moisturised base), dry extract 30 % to 32 %, minimum protein content 6 %, and ferments with or without added fruits, sugars, vegetables, chocolate or honey. | 45 % | TRQ-OC |  |
| 0406.90.06 | Egmont type, with the following characteristics: minimum fat content (in dry matter) 45 %, maximum moisture 40 %, minimum dry matter 60 %, minimum salt in moisture 3.9 % | 45 % | TRQ-OC |  |
| 0406.90.99 | Other. | 45 % | TRQ-OC |  |
| 0407.11.01 | Of fowls of the species Gallus domesticus. | 0 % | 0 |  |
| 0407.19.99 | Other. | 0 % | 0 |  |
| 0407.21.01 | For human consumption. | 0 % | 0 |  |
| 0407.21.99 | Other. | 0 % | 0 |  |
| 0407.29.01 | For human consumption. | 45 % | 0 |  |
| 0407.29.99 | Other. | 20 % | 0 |  |
| 0407.90.01 | Frozen. | 20 % | 0 |  |
| 0407.90.99 | Other. | 20 % | 0 |  |
| 0408.11.01 | Dried | 0 % | 0 |  |
| 0408.19.99 | Other. | 0 % | 0 |  |
| 0408.91.01 | Frozen or powdered. | 0 % | 0 |  |
| 0408.91.99 | Other. | 0 % | 0 |  |
| 0408.99.01 | Frozen, excluding those of Tariff item 0408.99.02. | 0 % | 0 |  |
| 0408.99.02 | Eggs of guano producing seabird. | 20 % | 0 |  |
| 0408.99.99 | Other. | 0 % | 0 |  |
| 0410.00.01 | Turtle eggs of any type. | 20 % | 0 |  |
| 0410.00.99 | Other. | 20 % | 0 |  |
| 0504.00.01 | Guts, bladders and stomachs of animals (other than fish), whole or pieces thereof, fresh, chilled, frozen, salted or in brine, dried or smoked. | 10 % | 7 |  |
| 0701.90.99 | Other. | 175 % | MX-R1 | \* |
| 0710.10.01 | Potatoes. | 15 % | 7 |  |
| 0712.90.03 | Potatoes, whether or not cut or sliced but not further prepared. | 20 % | 7 |  |
| 0713.33.02 | White pea beans, excluding those of tariff item 0713.33.01. | 100 % | 7 | \* |
| 0713.33.03 | Black pea beans, excluding those of tariff item 0713.33.01. | 100 % | 7 | \* |
| 0713.33.99 | Other. | 100 % | 7 | \* |
| 0803.10.01 | Plantains. | 20 % | 0 |  |
| 0803.90.99 | Other. | 20 % | 0 |  |
| 0808.10.01 | Apples. | 20 % | MX10 |  |
| 0809.30.01 | Nectarines. | 20 % | 7 |  |
| 0809.30.02 | Peaches. | 20 % | MX-R2/TRQ-FP |  |
| 0901.12.01 | Decaffeinated. | 20 % | 7/TRQ-CFB |  |
| 0901.21.01 | Not decaffeinated. | 72 % | MX-R3/TRQ-CFB | \* |
| 0901.22.01 | Decaffeinated. | 72 % | MX-R3/TRQ-CFB | \* |
| 0901.90.01 | Coffee husk and skin. | 72 % | 7/TRQ-CFB | \* |
| 0901.90.99 | Other. | 72 % | 7/TRQ-CFB | \* |
| 1001.11.01 | Seed. | 60 % | 7 | \* |
| 1001.19.99 | Other. | 60 % | 7 | \* |
| 1001.91.01 | Common wheat (Triticum aestivum) or "Durum wheat". | 0 % | 0 |  |
| 1001.91.99 | Other. | 60 % | 7 | \* |
| 1001.99.01 | Common wheat (Triticum aestivum) or "Durum wheat". | 0 % | 0 |  |
| 1001.99.99 | Other. | 60 % | 7 | \* |
| 1002.10.01 | Seed. | 0 % | 0 |  |
| 1002.90.99 | Other. | 0 % | 0 |  |
| 1003.10.01 | Seed. | 0 % | 0 |  |
| 1003.90.01 | In grain, with husk. | 15 % | 0 |  |
| 1003.90.99 | Other. | 15 % | 0 |  |
| 1004.10.01 | Seed. | 0 % | 0 |  |
| 1004.90.99 | Other. | 0 % | 0 |  |
| 1005.90.01 | Popcorn. | 0 % | 0 |  |
| 1005.90.02 | Corn on the cob. | 0 % | 0 |  |
| 1005.90.03 | Yellow kernel corn. | 0 % | 0 |  |
| 1005.90.04 | White kernel corn (floury). | 20 % | 0 |  |
| 1005.90.99 | Other. | 0 % | 0 |  |
| 1006.10.01 | Rice in the husk (paddy or rough). | 9 % | 7 |  |
| 1006.20.01 | Husked (brown) rice. | 20 % | 7 |  |
| 1006.30.01 | Long grain (ratio 3:1 or greater according to the length and width of the grain). | 20 % | 7 |  |
| 1006.30.99 | Other. | 20 % | 7 |  |
| 1006.40.01 | Broken rice. | 20 % | 7 |  |
| 1007.10.01 | Seed. | 0 % | 0 |  |
| 1007.90.02 | When the operation is realized in the period from 16 May to 15 December, inclusive. | 15 % | 0 |  |
| 1008.40.01 | Fonio (Digitaria spp.). | 0 % | 0 |  |
| 1008.50.01 | Quinoa (Chenopodium quinoa). | 0 % | 0 |  |
| 1008.60.01 | Triticale. | 0 % | 0 |  |
| 1008.90.99 | Other cereals. | 0 % | 0 |  |
| 1101.00.01 | Wheat or meslin flour. | 10 % | 7 |  |
| 1102.20.01 | Maize (corn) flour. | 10 % | 0 |  |
| 1102.90.01 | Rice flour. | 10 % | 0 |  |
| 1102.90.02 | Rye flour. | 10 % | 0 |  |
| 1102.90.99 | Other. | 10 % | 0 |  |
| 1103.11.01 | Of wheat. | 6 % | 7 |  |
| 1103.13.01 | Of maize (corn). | 6 % | 0 |  |
| 1103.19.01 | Of oats. | 6 % | 0 |  |
| 1103.19.02 | Of rice. | 6 % | 0 |  |
| 1103.19.99 | Other. | 6 % | 3 |  |
| 1103.20.01 | Of wheat. | 6 % | 7 |  |
| 1103.20.99 | Other. |  |  |  |
| ex 1103.20.99 | - Maize (corn). | 6 % | 7 |  |
| ex 1103.20.99 | - Other. | 6 % | 0 |  |
| 1104.12.01 | Of oats. | 6 % | 0 |  |
| 1104.19.01 | Of barley. | 6 % | 5 |  |
| 1104.19.99 | Other. |  |  |  |
| ex 1104.19.99 | - Wheat. | 6 % | 7 |  |
| ex 1104.19.99 | - Maize (corn). | 6 % | 7 |  |
| ex 1104.19.99 | - Other. | 6 % | 0 |  |
| 1104.22.01 | Of oats. | 6 % | 0 |  |
| 1104.23.01 | Of maize (corn). | 0 % | 0 |  |
| 1104.29.01 | Of barley. | 6 % | 7 |  |
| 1104.29.99 | Other. | 6 % | 7 |  |
| 1104.30.01 | Germ of cereals, whole, rolled, flaked or ground. |  |  |  |
| ex 1104.30.01 | - Of wheat. | 6 % | 7 |  |
| ex 1104.30.01 | - Other. | 6 % | 5 |  |
| 1107.10.01 | Not roasted. | 15 % | 0 |  |
| 1107.20.01 | Roasted. | 15 % | 0 |  |
| 1108.11.01 | Wheat starch. | 10 % | 7 |  |
| 1108.12.01 | Maize (corn) starch. | 10 % | 0 |  |
| 1108.13.01 | Potato starch. | 10 % | 7 |  |
| 1108.14.01 | Yucca starch (manioc). | 10 % | 0 |  |
| 1108.19.01 | Sagu starch. | 10 % | 0 |  |
| 1108.19.99 | Other. | 10 % | 5 |  |
| 1108.20.01 | Inulin. | 10 % | 0 |  |
| 1109.00.01 | Wheat gluten, whether or not dried. | 10 % | 7 |  |
| 1501.10.01 | Lard. | 45 % | 0 |  |
| 1501.20.01 | Other pig fat. | 45 % | 0 |  |
| 1501.90.99 | Other. | 45 % | 0 |  |
| 1502.10.01 | Tallow. | 10 % | 0 |  |
| 1502.90.99 | Other. | 10 % | 0 |  |
| 1503.00.01 | Oleostearin. | 10 % | 0 |  |
| 1503.00.99 | Other. | 10 % | 0 |  |
| 1504.30.01 | Fats and oils and their fractions, of marine mammals. | 10 % | 0 |  |
| 1508.10.01 | Crude oil. | 10 % | 0 |  |
| 1508.90.99 | Other. | 20 % | 0 |  |
| 1511.10.01 | Crude oil. | 3 % | 0 |  |
| 1511.90.99 | Other. | 5 % | 0 |  |
| 1513.11.01 | Crude oil. | 0 % | 0 |  |
| 1513.19.99 | Other. | 3 % | 0 |  |
| 1513.21.01 | Crude oil. | 0 % | 0 |  |
| 1513.29.99 | Other. | 3 % | 0 |  |
| 1515.90.04 | Jojoba oil and its fractions. | 10 % | 0 |  |
| 1516.10.01 | Animal fats and oils and their fractions. | 45 % | 0 |  |
| 1516.20.01 | Vegetable fats and oils and their fractions. | 5 % | 0 |  |
| 1517.90.01 | Edible fats prepared based on pig lard or pig lard substitutes. | 20 % | 0 |  |
| 1518.00.02 | Epoxied animal or vegetal oils. | 15 % | 0 |  |
| 1518.00.99 | Other. | 10 % | 0 |  |
| 1601.00.01 | Of rooster, hen or turkey. | 15 % | 5 |  |
| 1601.00.99 | Other. | 15 % | 5 |  |
| 1602.10.01 | Of rooster, hen or turkey. | 20 % | 5 |  |
| 1602.10.99 | Other. | 20 % | 5 |  |
| 1602.20.01 | Of rooster, hen or turkey. | 20 % | 5 |  |
| 1602.20.99 | Other. | 20 % | 5 |  |
| 1602.31.01 | Of turkey. | 20 % | 3 |  |
| 1602.32.01 | Of rooster or hen. | 20 % | 5 |  |
| 1602.39.99 | Other. | 20 % | 0 |  |
| 1602.41.01 | Hams and cuts thereof. | 20 % | 5 |  |
| 1602.42.01 | Shoulders and cuts thereof. | 20 % | 5 |  |
| 1602.49.01 | Pig skin, cooked in pieces ("pellets"). | 20 % | 5 |  |
| 1602.49.99 | Other. | 20 % | 5 |  |
| 1602.50.01 | Guts or lips boiled, hermetically packed. | 20 % | 7 |  |
| 1602.50.99 | Other. | 20 % | E |  |
| 1602.90.99 | Other, including preparations of blood of any animal. | 20 % | E |  |
| 1604.14.01 | Tunas (of the genus Thunnus), other than those of tariff items 1604.14.02 and 1604.14.04. | 20 % | 0 |  |
| 1604.14.02 | Fillet (loins) of tuna of the genus Thunus, other than those of tariff item 1604.14.04. | 20 % | 0 |  |
| 1604.14.03 | Fillets (loins) of Skipjack, of the genus Euthynnus, variety Katsuwonus pelamis, other than those of tariff item 1604.14.04. | 20 % | 0 |  |
| 1604.14.04 | Fillets (loins) of Yellowfin Tuna, or of Skipjack or Big Eye, of a weight equal or exceeding 0.5 kg, but not exceeding 7.5 kg, pre-cooked, frozen and vacuum packed in plastic sacks, free from scales, bones, skin and black meat. | 0 % | 0 |  |
| 1604.14.99 | Other. | 20 % | 0 |  |
| 1604.19.01 | Of skipjack of the genus Euthynnus, other than Katsuwonus pelamis, excluding those of tariff item 1604.19.02 | 20 % | 0 |  |
| 1604.19.02 | Fillets (loins) of skipjack of the genus Euthynnus, other than Katsuwonus pelamis variety. | 20 % | 0 |  |
| 1604.20.02 | Of tuna, skipjack or other fishes of the Euthynnus genus. | 20 % | 0 |  |
| 1701.12.01 | Sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 99.4 or more, but less than 99.5 degrees. | 0.36 USD/kg | E |  |
| 1701.12.02 | Sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 96 or more but less than 99.4 degrees. | 0.36 USD/kg | E |  |
| 1701.12.03 | Sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of less than 96 degrees. | 0.36 USD/kg | E |  |
| 1701.13.01 | Cane sugar specified in subheading Note 2 to this Chapter. | 0.338 USD/kg | E |  |
| 1701.14.01 | Sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 99.4 or more, but less than 99.5 degrees. | 0.338 USD/kg | E |  |
| 1701.14.02 | Sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 96 or more but less than 99.4 degrees. | 0.338 USD/kg | E |  |
| 1701.14.03 | Sugar whose content of sucrose by weight, in dry state, corresponds to a polarimeter reading of less than 96 degrees. | 0.338 USD/kg | E |  |
| 1701.91.01 | Containing added flavouring or colouring matter. | 0.36 USD/kg | E |  |
| 1701.99.01 | Sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 99.5 or more, but less than 99.7 degrees. | 0.36 USD/kg | E |  |
| 1701.99.02 | Sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of 99.7 or more, but less than 99.9 degrees. | 0.36 USD/kg | E |  |
| 1701.99.99 | Other. | 0.36 USD/kg | E |  |
| 1702.11.01 | Containing by weight 99 % or more lactose, expressed as anhydrous lactose, calculated on the dry matter. | 10 % | 5 |  |
| 1702.19.01 | Lactose. | 10 % | 7 |  |
| 1702.19.99 | Other. | 15 % | 7 |  |
| 1702.20.01 | Maple sugar and maple syrup. | 15 % | 7 |  |
| 1702.30.01 | Glucose and glucose syrup, not containing fructose or containing in the dry state a fructose content not exceeding 20 % by weight. | 15 % | 7 |  |
| 1702.40.01 | Glucose. | 15 % | 7 |  |
| 1702.40.99 | Other. | 75 % | E |  |
| 1702.50.01 | Chemically pure fructose. | 100 % | 7 |  |
| 1702.60.01 | With a fructose content, calculated on dry product, of more than 50 % but not exceeding 60 %, by weight. | 100 % | E |  |
| 1702.60.02 | With a fructose content, calculated on dry state, of more than 60 % but not exceeding 80 %, by weight. | 100 % | 7 |  |
| 1702.60.99 | Other. | 100 % | 7 |  |
| 1702.90.01 | Refined liquid sugar and invert sugar. | 0.39586 USD/kg | E |  |
| 1702.90.99 | Other. | 15 % | 7 |  |
| 1704.10.01 | Chewing gum, whether or not sugar coated. | 20 % + 0.36 USD/kg of sugar content | 7 |  |
| 1704.90.99 | Other. | 20 % + 0.36 USD/kg of sugar content | 5 |  |
| 1802.00.01 | Cocoa shells, husks, skins and other cocoa waste. | 0 % | 0 |  |
| 1803.10.01 | Not defatted. | 0 % | 0 |  |
| 1803.20.01 | Wholly or partly defatted. | 0 % | 0 |  |
| 1804.00.01 | Cocoa butter, fat and oil. | 0 % | 0 |  |
| 1805.00.01 | Cocoa powder, not containing added sugar or other sweetening matter. | 5 % | 0 |  |
| 1806.10.01 | With a sugar content exceeding 90 % by weight. | 0.36 USD/kg | E |  |
| 1806.10.99 | Other. | 20 % + 0.36 USD/kg of sugar content | 7 |  |
| 1806.20.01 | Other preparations in blocks, slabs or bars, weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg. | 20 % + 0.36 USD/kg of sugar content | MX7 |  |
| 1806.31.01 | Filled. | 20 % + 0.36 USD/kg of sugar content | MX7 |  |
| 1806.32.01 | Not filled. | 20 % + 0.36 USD/kg of sugar content | MX7 |  |
| 1806.90.01 | Food preparations based on flour, semolina, starch or malt extract, containing powdered cocoa, calculated on a totally defatted basis, over 40 % by weight. | 20 % + 0.36 USD/kg of sugar content | 0 |  |
| 1806.90.02 | Food preparations of products of headings 04.01 to 04.04, containing powdered cocoa in a proportion, calculated on a totally defatted basis, over 5 % by weight. | 20 % + 0.36 USD/kg of sugar content | 0 |  |
| 1806.90.99 | Other. | 20 % + 0.36 USD/kg of sugar content | MX7 |  |
| 1901.10.01 | Containing over 10 % of milk solids, by weight. | 10 % | MX-R4 |  |
| 1901.10.99 | Other. | 10 % | 7 |  |
| 1901.20.01 | Based on flours or starches, of oats, corn or wheat. | 10 % + 0.36 USD/kg of sugar content | 7 |  |
| 1901.20.02 | Containing over 25 % by weight of butterfat, not put up for retail sale, excluding those of tariff item 1901.20.01 | 10 % | 7 |  |
| 1901.20.99 | Other. | 10 % + 0.36 USD/kg of sugar content | 7 |  |
| 1901.90.01 | Malt extract. | 10 % + 0.36 USD/kg of sugar content | 7 |  |
| 1901.90.03 | Preparations based on dairy products containing over 10 % by weight of dairy solids, but not exceeding 50 %, excluding those of tariff item 1901.90.04. | 10 % | TRQ-DP1 |  |
| 1901.90.04 | Preparations based on dairy products containing over 10 % of dairy solids, set up for retail sale, whose label contains indications for the direct use of the product in the preparation of food or desserts, for example. | 10 % | 7 |  |
| 1901.90.05 | Preparations based on dairy products containing over 50 % of dairy solids, by weight, excluding those of tariff item 1901.90.04. | 45 % | TRQ-DP2 |  |
| 1901.90.99 | Other. | 10 % + 0.36 USD/kg of sugar content | 7 |  |
| 1902.11.01 | Containing eggs. | 20 % | 7 |  |
| 1902.19.99 | Other. | 10 % | 5 |  |
| 1902.20.01 | Stuffed pasta, whether or not cooked or otherwise prepared. | 10 % | 0 |  |
| 1902.30.99 | Other pasta. | 10 % | 0 |  |
| 1904.10.01 | Prepared foods obtained by the swelling or roasting of cereals or cereal products. | 10 % + 0.36 USD/kg of sugar content | 5 |  |
| 1904.20.01 | Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals. | 10 % + 0.36 USD/kg of sugar content | 5 |  |
| 1904.30.01 | Bulgur wheat. | 10 % | 3 |  |
| 1904.90.99 | Other. | 10 % | 3 |  |
| 1905.31.01 | Sweet biscuits (with sweetening agent added). | 10 % + 0.36 USD/kg of sugar content | 0 |  |
| 1905.32.01 | Waffles and wafers, with or without filling ("gaufrettes", "wafers") and "waffles" ("gaufres"). | 10 % + 0.36 USD/kg of sugar content | 0 |  |
| 1905.90.99 | Other. | 10 % | 5 |  |
| 2002.10.01 | Tomatoes, whole or in pieces. | 20 % | 5 |  |
| 2002.90.99 | Other. | 20 % | 7 |  |
| 2004.10.01 | Potatoes. | 20 % | 7 |  |
| 2005.20.01 | Potatoes. | 20 % | 7 |  |
| 2007.10.01 | Homogenised preparations. | 20 % + 0.36 USD/kg of sugar content | 0 |  |
| 2007.91.01 | Citrus fruit. | 20 % + 0.36 USD/kg of sugar content | 0 |  |
| 2007.99.01 | Compotes or marmalades prepared for diabetics. | 20 % | 0 |  |
| 2007.99.02 | Jellies for diabetics. | 20 % | 0 |  |
| 2007.99.03 | Purees or pastes for diabetics. | 20 % | 3 |  |
| 2007.99.04 | Marmalades, excluding those of Tariff item 2007.99.01. | 20 % + 0.36 USD/kg of sugar content | 3 |  |
| 2007.99.99 | Other. | 20 % + 0.36 USD/kg of sugar content | 3 |  |
| 2008.70.01 | Peaches, including nectarines. | 20 % | 7 |  |
| 2009.61.01 | With a Brix value not exceeding 30. | 20 % | 5 |  |
| 2009.69.99 | Other. | 20 % | 5 |  |
| 2101.11.01 | Instant coffee, not flavoured. | 100 % | 7/TRQ-CFS | \* |
| 2101.11.02 | Extract of concentrated liquid coffee, including in frozen form. | 100 % | 7/TRQ-CFS | \* |
| 2101.11.99 | Other. | 100 % | 7/TRQ-CFS | \* |
| 2101.12.01 | Preparations with a basis of extracts, essences or concentrates or with a basis of coffee. | 100 % | 7/TRQ-CFS | \* |
| 2101.30.01 | Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof. | 20 % | 7/TRQ-CFS |  |
| 2105.00.01 | Ice cream, whether or not containing cocoa. | 20 % + 0.36 USD/kg of sugar content | TRQ-IC |  |
| 2106.10.99 | Other. | 15 % | 7 |  |
| 2106.90.05 | Aromatised syrups or with colouring matter added. | 0.36 USD/kg | E |  |
| 2106.90.08 | Containing over 10 % of milk solids, by weight. | 15 % | 7 |  |
| 2106.90.09 | Preparations based on eggs. | 15 % | 5 |  |
| 2106.90.12 | Milk protein derivatives, with the following composition: hydrogenated coconut fat 44 %, anhydrous glucose 38 %, sodium caseinate 10 %, emulsifiers 6 %, stabilizer 2 %. | 15 % | 7 |  |
| 2106.90.99 | Other. | 15 % + 0.36 USD/kg of sugar content | 0 |  |
| 2202.90.04 | Containing milk. | 20 % | 7 |  |
| 2202.90.05 | Non-alcoholic beer drinks. | 20 % | 0 |  |
| 2202.90.99 | Other. | 20 % + 0.36 USD/kg of sugar content | 0 |  |
| 2204.30.99 | Other grape musts. | 20 % | 7 |  |
| 2208.40.01 | Rum. | 20 % | 7 |  |
| 2208.40.99 | Other. | 20 % | 7 |  |
| 2302.10.01 | Of corn (maize). | 10 % | 0 |  |
| 2302.30.01 | Of wheat. | 10 % | 7 |  |
| 2302.40.01 | Of rice. | 10 % | 0 |  |
| 2302.40.99 | Other. | 10 % | 0 |  |
| 2303.10.01 | Residues of starch manufacture and similar residues. | 15 % | 7 |  |
| 2309.90.01 | Prepared poultry feeds based on a mix of different crushed vegetable seeds. | 0 % | 0 |  |
| 2309.90.02 | Pastures, even when they are conditioned with mineral material. | 0 % | 0 |  |
| 2309.90.04 | Mixtures, preparations or products of organic origin for the feeding of ornamental fish. | 20 % | 7 |  |
| 2309.90.07 | Concentrate preparations for the making of balanced foods, excluding those of Tariff items 2309.90.09, 2309.90.10 and 2309.90.11 | 0 % | 0 |  |
| 2309.90.08 | Milk substitute for calves based on casein, powdered milk, animal fat, soy lecithin, vitamins, minerals and antibiotics, excluding those of Tariff items 2309.90.10 and 2309.90.11 | 0 % | 0 |  |
| 2309.90.09 | Concentrated or stimulating preparation based on vitamin B12. | 0 % | 0 |  |
| 2309.90.10 | With a weight content higher than 10 % of milk solids, but lower or equal to 50 %, in weight. | 0 % | 0 |  |
| 2309.90.11 | Prepared foods with a content of milk solids over 50 %, in weight. | 0 % | 0 |  |
| 2309.90.99 | Other. | 0 % | 0 |  |
| 2402.20.01 | Cigarettes containing tobacco. | 67 % | 5 |  |
| 2905.44.01 | D-glucitol (sorbitol). | 5 % | 0 |  |
| 3501.10.01 | Casein. | 0 % | 0 |  |
| 3501.90.01 | Casein glues. | 10 % | 5 |  |
| 3501.90.02 | Caseinates. | 0 % | 0 |  |
| 3501.90.03 | Casein carboxymethyl, photography grade, in solution. | 5 % | 5 |  |
| 3501.90.99 | Other. | 0 % | 0 |  |
| 3502.11.01 | Dried. | 0 % | 0 |  |
| 3502.19.99 | Other. | 0 % | 0 |  |
| 3505.10.01 | Dextrins and other modified starches. | 5 % | 7 |  |
| 3824.60.01 | Sorbitol, excluding those of subheading 2905.44. | 5 % | 0 |  |

(1)
   This Schedule is generally expressed in terms of Mexico's Tariff Schedule of the General Import and Export Duties Law (Tarifa de la Ley de los Impuestos Generales de Importación y de Exportación (LIGIE)), and its interpretation, including the product coverage of subheadings of this Schedule, shall be in accordance with the General Notes, Section Notes and Chapter Notes of the LIGIE.

i
   In case of any divergence of interpretation of Appendix 2-A-2 (Tariff Elimination Schedule of Mexico) across the linguistic versions of this Agreement, the Spanish version shall prevail.

Appendix 2-A-3

Tariff Rate Quotas of the European Union

SECTION A

General Provisions

1.
   This Appendix sets out the tariff rate quotas (TRQs) that the European Union shall apply as of the date of entry into force of this Agreement to certain originating goods of Mexico.

2.
   The goods covered by each TRQ of this Section are informally identified in the title of the paragraph setting out the TRQ. Those titles are included solely to assist readers in understanding this Section and shall not alter or supersede the coverage established through the identification of covered tariff lines in the Tariff and Statistical Nomenclature of the European Union and in the Common Customs Tariff.

3.
   For the purposes of this Appendix, the term "metric tonnes" shall be abbreviated as "MT".

  

SECTION B

Tariff Rate Quotas

1.
   Beef Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-BF1" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be subject to an in-quota tariff rate of 7,5 % in the following aggregate quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity  (MT – Carcass Weight Equivalent) |
| 1 | 1 000 |
| 2 | 2 000 |
| 3 | 3 000 |
| 4 | 4 000 |
| 5 and each subsequent year | 5 000 |

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   When calculating quantities imported under this TRQ, the conversion factors set out in subparagraph 1(a) of Section C shall be used to convert product weight to carcass weight equivalent.

  

(d)
   The European Union shall administer this TRQ in accordance with its law.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0201 20 20, 0201 20 30, 0201 20 50, 0201 20 90, 0201 30 00, 0202 20 10, 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 10, 0202 30 50, 0202 30 90, 0210 20 10 and 0210 20 90.

2.
   Offal of Bovine Animals Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-BF2" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be subject to an in-quota tariff rate of 7,5 % in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT – Carcass Weight Equivalent) |
| 1 | 1 000 |
| 2 | 2 000 |
| 3 | 3 000 |
| 4 | 4 000 |
| 5 and each subsequent year | 5 000 |

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

  

(c)
   When calculating quantities imported under this TRQ, the conversion factors set out in subparagraph 1(a) of Section C shall be used to convert product weight to carcass weight equivalent.

(d)
   The European Union shall administer this TRQ in accordance with its law.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0206 10 95, 0206 29 91 and 0210 99 51.

3.
   Pork Hams Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-PK" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be duty-free in the aggregate annual quantity of 10 000 metric tonnes (carcass weight equivalent) as from the entry into force of this Agreement.

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   When calculating quantities imported under this TRQ, the conversion factors set out in subparagraph 1(b) of Section C shall be used to convert product weight to carcass weight equivalent.

  

(d)
   The European Union shall administer this TRQ in accordance with its law.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0203 12 11, ex 0203 19 55, 0203 22 11 and ex 0203 29 55.

4.
   Poultry Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-PY" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be duty-free in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT – Carcass Weight Equivalent) |
| 1 | 3 333 |
| 2 | 5 000 |
| 3 and each subsequent year | 6 667 |

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   When calculating quantities imported under this TRQ, the conversion factors set out in subparagraph 1(c) of Section C shall be used to convert product weight to carcass weight equivalent.

  

(d)
   The European Union shall administer this TRQ in accordance with its law.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: ex 0207 13 10, 0207 13 20, 0207 13 50, 0207 13 60, 0207 13 70, ex 0207 14 10, 0207 14 20, 0207 14 50, 0207 14 60, 0207 14 70, 0207 27 10, 1602 32 11, 1602 32 19, 1602 32 30 and 1602 32 90.

5.
   Eggs Transitional Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-EG1/3" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (g) shall be subject to a preferential customs duty equal to 50 % of the applied most-favoured-nation tariff rate in the aggregate annual quantity of 300 metric tonnes (shell egg equivalent) in the first year after the entry into force of the Agreement.

(b)
   Originating goods that entered in excess of the aggregate quantity set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union).

(c)
   As of the beginning of year two, the originating goods referred to in subparagraph (a) and (g) shall receive the applicable preferential tariff treatment set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union) and the TRQ referred to in subparagraph (a) shall expire.

  

(d)
   As of the beginning of year three, the originating goods referred to in subparagraph (a) and (g) shall be duty free.

(e)
   When calculating quantities imported under the TRQ, the conversion factors set out in paragraph 2 of Section C shall be used to convert product weight to shell egg equivalent.

(f)
   The European Union shall administer this TRQ on a first come, first served basis.

(g)
   This TRQ applies to originating goods classified in the following tariff lines: 0407 11 00 and 0407 19 19.

6.
   Egg Products Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-EG2" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be duty-free in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT – Shell Egg Equivalent) |
| 1 | 2 000 |
| 2 | 2 500 |
| 3 | 3 000 |
| 4 | 3 500 |
| 5 | 4 000 |
| 6 | 4 500 |
| 7 and subsequent year | 5 000 |

  

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   When calculating quantities imported under this TRQ, the conversion factors set out in paragraph 2 of Section C shall be used to convert product weight to shell egg equivalent.

(d)
   The European Union shall administer this TRQ on a first-come-first-served basis.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0408 11 80, 0408 19 81, 0408 19 89, 0408 91 80 and 0408 99 80.

7.
   Honey Transitional Tariff Rate Quota

(a) 
   Originating goods classified in a tariff line marked with the notation "TRQ-HY/7" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be duty-free in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT) |
| 1 to 6 | 35 000 |

  

(b)
   As of the beginning of year seven, the originating goods referred to in subparagraphs (a) and (e) shall be duty-free.

(c)
   Originating goods entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union).

(d)
   The European Union shall administer this TRQ on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified in tariff line 0409 00 00.

8.
   Frozen Strawberries Transitional Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-SY/5" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be duty-free in the following annual aggregate quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT) |
| 1 to 4 | 1 500 |

(b)
   As of the beginning of year five, the originating goods referred to in subparagraphs (a) and (e) shall be duty-free.

  

(c)
   Originating goods entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union).

(d)
   The European Union shall administer this TRQ on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified in tariff line 0811 10 90.

9.
   Maize Starch Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ- SH1" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (d) shall be duty-free in the aggregate annual quantity of 1 800 metric tonnes as from the entry into force of this Agreement.

(b)
   Originating goods entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union).

(c)
   The European Union shall administer this TRQ on a first come, first served basis.

(d)
   This TRQ applies to originating goods classified in tariff line 1108 12 00.

  

10.
   Tuna Preparations Transitional Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-TN1/7" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (h), shall be subject to in-quota tariff rates specified in paragraphs (b) and (c) in the following aggregate quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT) |
| 1 | 14 500 |
| 2 | 15 000 |
| 3 | 15 500 |
| 4 | 16 000 |
| 5 | 16 500 |

(b)
   Originating goods classified under tariff lines 1604 14 21, 1604 14 28, 1604 14 31, 1604 14 38, 1604 14 41, 1604 14 48, 1604 19 39, 1604 20 70 shall be subject to an in-quota tariff rate of 6,8 %.

(c)
   Originating goods classified under tariff line 1604 14 90 shall be subject to an in-quota tariff rate of 7,1 %.

(d)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

  

(e)
   As of the beginning of year six, the originating goods referred to in subparagraphs (a) and (h) shall receive the applicable preferential tariff treatment set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union) and the TRQ referred to in subparagraph (a) shall expire.

(f)
   As of the beginning of year seven, the originating goods referred to in subparagraph (a) and (h) shall be duty-free.

(g)
   The European Union shall administer this TRQ on a first come, first served basis.

(h)
   This TRQ applies to originating goods classified in the following tariff lines: 1604 14 21, 1604 14 28, 1604 14 31, 1604 14 38, 1604 14 41, 1604 14 48, 1604 14 90, 1604 19 39 and 1604 20 70.

11.
   Tuna Loins Products Transitional Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-TN2/5" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (f) shall be subject to an in-quota tariff rate of 6 % in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT) |
| 1 to 3 | 6 000 |

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   As of the beginning of year four, the originating goods referred to in subparagraphs (a) and (f) shall receive the applicable preferential tariff treatment set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union) and the TRQ referred to in subparagraph (a) expires.

(d)
   As of the beginning of year five, the originating goods referred to in subparagraph (a) and (f) shall be duty-free.

(e)
   The European Union shall administer this TRQ on a first come, first served basis.

(f)
   This TRQ applies to originating goods classified in the following tariff lines: 1604 14 26, 1604 14 36 and 1604 14 46.

  

12.
   Sugar for Refining Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-SR1" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (d) shall be subject to an in-quota tariff rate of EUR 49 per MT in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT) |
| 1 | 10 000 |
| 2 | 20 000 |
| 3 and each subsequent year | 30 000 |

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   The European Union shall administer this tariff rate quota in accordance with its law.

(d)
   This TRQ applies to originating goods classified in the following tariff lines: 1701 13 10 and 1701 14 10.

  

13.
   Specialty Sugars Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-SR2" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (d) shall be duty-free in the quantity of 500 MT.

(b)
   Originating goods entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union).

(c)
   The European Union shall administer this TRQ on a first come, first served basis.

(d)
   This TRQ applies to originating goods classified in tariff line 1701 13 90.

14.
   Other Sugars Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-SR3" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (d) shall be duty-free in the quantity of 1 000 MT.

(b)
   Originating goods entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union).

  

(c)
   The European Union shall administer this TRQ on a first come, first served basis.

(d)
   This TRQ applies to originating goods classified in the following tariff lines: 1702 30 10, 1702 30 50, 1702 30 90, 1702 40 10, 1702 40 90, 1702 50 00, 1702 60 10, ex 1702 60 95, 1702 90 30, ex 1704 90 99, 1806 10 30, 1806 10 90, ex 2101 12 98 and ex 2101 20 98.

15.
   Chewing Gum Transitional Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-CW/7" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (f) shall be subject to an in-quota rate of 6 % in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT) |
| 1 to 4 | 1 000 |

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   As of the beginning of year five, the originating goods referred to in subparagraphs (a) and (f) shall receive the applicable preferential tariff treatment set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union) and the tariff rate quota referred to in subparagraph (a) shall expire.

  

(d)
   As of the beginning of year seven, the originating goods referred to in subparagraph (a) and (f) shall be duty-free.

(e)
   The European Union shall administer this TRQ on a first come, first served basis.

(f)
   This TRQ applies to originating goods classified in the following tariff lines: 1704 10 10 and 1704 10 90.

16.
   Asparagus Transitional Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-ASP/7" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (f) shall be subject to an in-quota tariff rate of 7 % in the following aggregate annual quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT) |
| 1 to 4 | 1 000 |

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

  

(c)
   As of the beginning of year five, the originating goods referred to in subparagraphs (a) and (f) shall receive the applicable preferential tariff treatment set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union) and the TRQ referred to in subparagraph (a) shall expire.

(d)
   As of the beginning of year seven, the originating goods referred to in subparagraphs (a) and (f) shall be duty-free.

(e)
   The European Union shall administer this TRQ on a first come, first served basis

(f)
   This TRQ applies to originating goods classified in tariff line 2005 60 00.

17.
   Orange Juice Transitional Tariff Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-OJ/3" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (e) shall be subject to the following in-quota tariff rates in the following aggregate quantities:

|  |  |  |
| --- | --- | --- |
| Year | Aggregate Annual Quantity   (MT) | In-quota Tariff Rate |
| 1 | 1 000 | 33,3 % of the base rate |
| 2 | 1 000 | 16,7 % of the base rate |

(b)
   As of the beginning of year three, the originating goods referred to in subparagraphs (a) and (e) shall be duty-free.

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(d)
   The European Union shall administer this TRQ on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 2009 11 11, 2009 11 19 and 2009 11 91.

  

18.
   Ethanol Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-EL" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (d) shall be duty free in the years and aggregate quantities specified below. A portion of the total aggregate quantity in each year shall be reserved for a specific use in the production of spirit drinks classified under tariff heading ex 2208
[1](#footnote1)
 and defined in Article 2 and in Annex I of Regulation (EC) No 110/2008 of the European Parliament and of the Council
[2](#footnote2)
. The remainder of the total aggregate quantity in each year shall be reserved for any other use.
[3](#footnote3)

|  |  |  |  |
| --- | --- | --- | --- |
| Year | Aggregate Annual Quantity   (MT)  Specific use: production of spirit drinks | Aggregate Annual Quantity    (MT)  Specific use: other than production of spirit drinks | Total Aggregate Annual Quantity    (MT) |
| 1 | 1 400 | 1 100 | 2 500 |
| 2 | 2 800 | 2 200 | 5 000 |
| 3 | 4 200 | 3 300 | 7 500 |
| 4 | 5 600 | 4 400 | 10 000 |
| 5 and each subsequent year | 7 000 | 5 500 | 12 500 |

  

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   The European Union shall administer this TRQ on a first come, first served basis.

(d)
   This TRQ applies to originating goods classified in the following tariff lines: 2207 10 00, 2207 20 00 and 2208 90 99.

19.
   Rum Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-RM" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (d) shall be duty-free in the quantity of 3 000 hectolitres.

(b)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(c)
   The European Union shall administer this TRQ on a first come, first served basis.

(d)
   This TRQ applies to originating goods classified in the following tariff lines: 2208 40 11, 2208 40 39, 2208 40 51 and 2208 40 99.

  

20.
   Egg Albumin Transitional Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-EG3/10" set out in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (f) shall be duty-free in the following aggregate quantities:

|  |  |
| --- | --- |
| Year | Aggregate Annual Quantity   (MT – Shell Egg Equivalent) |
| 1 to 9 | 3 000 |

(b)
   As of the beginning of year 10, the originating goods referred to in subparagraph (a) and (f) shall be duty-free.

(c)
   When calculating quantities imported under this TRQ, the conversion factors set out in paragraph 2 of Section C shall be used to convert product weight to shell egg equivalent.

(d)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the preferential tariff rate set out in Appendix 2‑A‑1 (Tariff Elimination Schedule for the European Union).

(e)
   The European Union shall administer this TRQ on a first come, first served basis.

(f)
   This TRQ applies to originating goods classified in the following tariff lines: 3502 11 90 and 3502 19 90.

  

21.
   Starch Derivatives Tariff Rate Quota

(a)
   Originating goods classified in a tariff line marked with the notation "TRQ-SH2" in the tariff elimination schedule of the European Union in Appendix 2-A-1 and listed in subparagraph (d) shall be duty-free in the quantity of 300 MT.

(b)
   Originating goods entered in excess of the aggregate quantities set out in subparagraph (a) shall be subject to the base rate of the customs duty set out in Appendix 2-A-1 (Tariff Elimination Schedule for the European Union).

(c)
   The European Union shall administer this TRQ on a first come, first served basis.

(d)
   This TRQ applies to originating goods classified in the following tariff lines: 2905 43 00, 2905 44 11, 2905 44 19, 2905 44 91, 3824 60 11 and 3824 60 19.

  

SECTION C

Conversion Factors

1.
   With respect to the TRQs set out in numbers 1 to 4 in Section B (Tariff Rate Quotas) the following conversion factors shall be used to convert product weight to carcass weight equivalent:

(a)
   for the TRQs set out in numbers 
[1](#_Ref528167966)
 and 
[2](#_Ref528167977)
 of Section B (Tariff Rate Quotas):

|  |  |  |
| --- | --- | --- |
| Tariff Line | Tariff Line Description    (for illustrative purposes only) | Conversion Factor |
| 0201 20 20 | "Compensated" quarters of bovine animals with bone in, fresh or chilled | 100 % |
| 0201 20 30 | Unseparated or separated forequarters of bovine animals, with bone in, fresh or chilled | 100 % |
| 0201 20 50 | Unseparated or separated hindquarters of bovine animals, with bone in, fresh or chilled | 100 % |
| 0201 20 90 | Fresh or chilled bovine cuts, with bone in (excluding carcases and half-carcases, "compensated quarters", forequarters and hindquarters) | 100 % |
| 0201 30 00 | Fresh or chilled bovine meat, boneless | 130 % |
| 0202 20 10 | Frozen "compensated" bovine quarters, with bone in | 100 % |
| 0202 20 30 | Frozen unseparated or separated bovine forequarters, with bone in | 100 % |
| 0202 20 50 | Frozen unseparated or separated bovine hindquarters, with bone in | 100 % |
| 0202 20 90 | Frozen bovine cuts, with bone in (excluding carcases and half‑carcases, "compensated" quarters, forequarters and hindquarters) | 100 % |
| 0202 30 10 | Frozen bovine boneless forequarters, whole or cut in max. 5 pieces, each quarter in 1 block; "compensated" quarters in 2 blocks, one containing the forequarter, whole or cut in max. 5 pieces, and the other the whole hindquarter, excluding the tenderloin, in one piece | 130 % |
| 0202 30 50 | Frozen bovine boneless crop, chuck and blade and brisket cuts | 130 % |
| 0202 30 90 | Frozen bovine boneless meat (excluding forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; "compensated" quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other the whole hindquarter, excl. the tenderloin, in one piece) | 130 % |
| 0206 10 95 | Fresh or chilled bovine thick and thin skirt (excluding for manufacture of pharmaceutical products) | 100 % |
| 0206 29 91 | Frozen bovine thick and thin skirt (excluding for manufacture of pharmaceutical products) | 100 % |
| 0210 20 10 | Meat of bovine animals, salted, in brine, dried or smoked, with bone in | 100 % |
| 0210 20 90 | Boneless meat of bovine animals, salted, in brine, dried or smoked | 135 % |
| 0210 99 51 | Edible thick skirt and thin skirt of bovine animals, salted, in brine, dried or smoked | 100 % |

  

(b)
   for the TRQ set out in number 3 of Section B (Tariff Rate Quotas):

|  |  |  |
| --- | --- | --- |
| Tariff Line | Tariff Line Description    (for illustrative purposes only) | Conversion Factor |
| 0203 12 11 | Fresh or chilled with bone in, domestic swine hams and cuts thereof | 100 % |
| ex 0203 19 55 | Fresh or chilled boneless domestic swine hams and cuts thereof | 120 % |
| 0203 22 11 | Frozen bone-in hams and cuts thereof of domestic swine | 100 % |
| ex 0203 29 55 | Frozen boneless domestic swine hams and cuts thereof | 120 % |

(c)
   for the TRQ set out in number 4 of Section B (Tariff Rate Quotas):

|  |  |  |
| --- | --- | --- |
| Tariff Line | Tariff Line Description  (for illustrative purposes only) | Conversion Factor |
| ex 0207 13 10 | Fresh or chilled boneless cuts of fowls of the species Gallus domesticus, other than fresh or chilled mechanically separated meat of fowls of the species Gallus domesticus obtained by removing meat from flesh‑bearing bones after boning or from poultry carcases, using mechanical means resulting in the loss or modification of the muscle fibre structure | 140 % |
| 0207 13 20 | Fresh or chilled halves or quarters of fowls of the species Gallus domesticus | 100 % |
| 0207 13 50 | Fresh or chilled breasts and cuts thereof of fowls of the species Gallus domesticus, with bone in | 110 % |
| 0207 13 60 | Fresh or chilled legs and cuts thereof of fowls of the species Gallus domesticus, with bone in | 100 % |
| 0207 13 70 | Fresh or chilled cuts of fowls of the species Gallus domesticus, with bone in (excluding halves and quarters, whole wings, with or without tips, backs, necks, backs with necks attached, rumps and wing-tips, breasts, legs and parts thereof) | 100 % |
| ex 0207 14 10 | Frozen boneless cuts of fowls of the species Gallus domesticus other than frozen mechanically separated meat of fowls of the species Gallus domesticus obtained by removing meat from flesh-bearing bones after boning or from poultry carcases, using mechanical means resulting in the loss or modification of the muscle fibre structure | 140 % |
| 0207 14 20 | Frozen halves or quarters of fowls of the species Gallus domesticus | 100 % |
| 0207 14 50 | Frozen breasts and cuts thereof of fowls of the species Gallus domesticus, with bone in | 110 % |
| 0207 14 60 | Frozen legs and cuts thereof of fowls of the species Gallus domesticus, with bone in | 100 % |
| 0207 14 70 | Frozen cuts of fowls of the species Gallus domesticus, with bone in (excluding halves or quarters, whole wings, with or without tips, backs, necks, backs with necks attached, rumps and wing-tips, breasts, legs and cuts thereof) | 100 % |
| 0207 27 10 | Frozen boneless cuts of turkeys of the species domesticus | 140 % |
| 1602 32 11 | Uncooked, prepared or preserved meat or meat offal of fowls of the species Gallus domesticus containing >= 57 % meat or offal of poultry (excluding sausages and similar products, and preparations of liver) | 80 % |
| 1602 32 19 | Cooked, prepared or preserved meat or meat offal of fowls of the species Gallus domesticus containing >= 57 % meat or offal of poultry (excluding sausages and similar products, finely homogenised preparations put up for retail sale as infant food or for dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and meat extracts) | 80 % |
| 1602 32 30 | Prepared or preserved meat or meat offal of fowls of the species Gallus domesticus containing >= 25 % but < 57 % of poultry meat or offal (excluding sausages and similar products, finely homogenised preparations put up for retail sale as infant food or for dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and meat extracts) | 45 % |
| 1602 32 90 | Prepared or preserved meat or meat offal of fowls of the species Gallus domesticus (excluding that containing >= 25 % meat or offal of poultry, meat or offal of turkeys or guinea fowl, sausages and similar products, finely homogenised preparations put up for retail sale as infant food or for dietetic purposes, in containers of a net weight of <= 250 g, preparations of liver and meat extracts and juices) | 35 % |

2.
   With respect to the TRQs set out in numbers 5, 6 and 20, the following conversion factors shall be used to convert product weight to shell egg equivalent:

|  |  |  |
| --- | --- | --- |
| Tariff Line | Tariff Line Description   (for illustrative purposes only) | Conversion Factor |
| 0407 11 00 | Fertilised eggs for incubation, of domestic fowls | 100 % |
| 0407 19 19 | Fertilised poultry eggs for incubation (excluding of turkeys, geese and fowls) | 100 % |
| 0408 11 80 | Egg yolks, dried, for human consumption, whether or not containing added sugar or other sweetening matter | 246 % |
| 0408 19 81 | Egg yolks, liquid, suitable for human consumption, whether or not containing added sugar or other sweetening matter | 116 % |
| 0408 19 89 | Egg yolks (other than liquid), frozen or otherwise preserved, suitable for human consumption, whether or not containing added sugar or other sweetening matter (excluding dried) | 116 % |
| 0408 91 80 | Dried birds' eggs, not in shell, whether or not containing added sugar or other sweetening matter, suitable for human consumption (excluding egg yolks) | 452 % |
| 0408 99 80 | Birds' eggs, not in shell, fresh, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, suitable for human consumption (excluding dried and egg yolks) | 116 % |
| 3502 11 90 | Egg albumin, dried e.g. in sheets, scales, flakes, powder, fit for human consumption | 856 % |
| 3502 19 90 | Egg albumin, fit for human consumption (excluding dried, e.g. in sheets, flakes, crystals, powder) | 116 % |

Appendix 2-A-4

Tariff Rate Quotas of Mexico

SECTION A

General Provisions

1.
   This Appendix sets out the tariff rate quotas (TRQs) that Mexico shall apply as of the date of entry into force of this Agreement to certain originating goods of the European Union.

2.
   Mexico shall administer the following TRQs set out in Section B in accordance with its law: TRQ-BF1, TRQ-PK, TRQ-BF2, TRQ-PY, TRQ-FP, TRQ-CFB and TRQ-CFS.

3.
   Mexico shall administer the following TRQs set out in Section B in accordance with the terms set out in this Appendix and its law: TRQ-FM, TRQ-MP, TRQ-ECM, TRQ-WY, TRQ-BT, TRQ‑FC, TRQ-OC, TRQ-DP1, TRQ-DP2 and TRQ-IC.

4.
   The goods covered by each TRQ of Section B are informally identified in the title of the provision setting out the TRQ. Those titles are included solely to assist readers in understanding this Appendix and shall not alter or supersede the coverage established through identification of covered tariff lines in Mexico's General Import and Export Duties Law (Tarifa de la Ley de los Impuestos Generales de Importación y de Exportación – (LIGIE)).

  

5.
   For the purposes of this Appendix, the term "metric tonnes" shall be abbreviated as "MT".

SECTION B

Tariff Rate Quotas

1.
   Beef

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-BF1".

(b)
   The in-quota duty and aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico with an in-quota preferential tariff rate in each year under this TRQ are:

|  |  |  |
| --- | --- | --- |
| Year | Aggregate Quantity    (MT – Carcass Weight Equivalent) | In-quota duty    (%) |
| 1 | 6 000 | 7.50 |
| 2 | 12 000 | 6.25 |
| 3 | 18 000 | 5.00 |
| 4 | 24 000 | 3.75 |
| 5 | 30 000 | 2.50 |
| 6 | 30 000 | 1.25 |
| 7 and each subsequent year | 30 000 | 0 |

  

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   When calculating quantities imported under this TRQ the conversion factors set out in subparagraph 1(a) of Section C shall be used to convert product weight to carcass weight equivalent.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0201.20.99, 0201.30.01, 0202.20.99, 0202.30.01 and 0210.20.01.

2.
   Loins and Cuts Thereof of Swine, With or Without Bone In

(a)
   Mexico shall allow the importation of originating goods classified in the tariff line listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-PK".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity    (MT – Carcass Weight Equivalent) |
| 1 and each subsequent year | 10 000 |

  

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   When calculating quantities imported under this TRQ the conversion factors set out in subparagraph 1(b) of Section C shall be used to convert product weight to carcass weight equivalent.

(e)
   This TRQ applies to originating goods classified in the following tariff line ex 0203.29.99.

3.
   Offal of Bovine Animals

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-BF2".

  

(b)
   The in-quota duty and aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico with an in-quota preferential tariff rate in each year under this TRQ are:

|  |  |  |
| --- | --- | --- |
| Year | Aggregate Quantity    (MT – Carcass Weight Equivalent) | In-quota duty    (%) |
| 1 | 2 000 | 7.50 |
| 2 | 4 000 | 6.25 |
| 3 | 6 000 | 5.00 |
| 4 | 8 000 | 3.75 |
| 5 | 10 000 | 2.50 |
| 6 | 10 000 | 1.25 |
| 7 and each subsequent year | 10 000 | 0 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   When calculating quantities imported under this TRQ the conversion factors set out in subparagraph 1(a) of Section C shall be used to convert product weight to carcass weight equivalent.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0206.10.01, 0206.29.99 and 0210.99.01.

  

4.
   Chicken Legs, Thighs or Legs and Thighs in One Piece

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico with the notation "TRQ-PY".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity    (MT – Carcass Weight Equivalent) |
| 1 | 10 000 |
| 2 | 12 500 |
| 3 | 15 000 |
| 4 | 17 500 |
| 5 and each subsequent year | 20 000 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   When calculating quantities imported under this TRQ the conversion factors set out in subparagraph 1(c) of Section C shall be used to convert product weight to carcass weight equivalent.

  

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0207.13.03 and 0207.14.04.

5.
   Milk and Cream, not Concentrated or Containing Added Sugar or Other Sweetening Matter

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico with the notation "TRQ-FM".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (Litres) |
| 1 | 100 000 |
| 2 | 125 000 |
| 3 | 150 000 |
| 4 | 175 000 |
| 5 and each subsequent year | 200 000 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

  

(d)
   Mexico may allocate this TRQ through auctioning for no more than five years after the date of entry into force of this Agreement. Starting in year six, this TRQ shall be administered on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0401.10.01, 0401.20.01, 0401.40.01 and 0401.50.01.

6.
   Milk Powder

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-MP".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 | 30 000 |
| 2 | 35 000 |
| 3 | 40 000 |
| 4 | 45 000 |
| 5 and each subsequent year | 50 000 |

  

(c)
   Originating goods entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2-A-2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning for no more than three years after the date of entry into force of this Agreement. Starting in year four, this TRQ shall be administered on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0402.10.01, 0402.10.99, 0402.21.01, 0402.21.99 and 0402.29.99.

7.
   Evaporated and Condensed Milk

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-ECM".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 and each subsequent year | 200 |

  

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in the Appendix 2-A-2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0402.91.01, 0402.91.99, 0402.99.01 and 0402.99.99.

8.
   Whey, Whether or not Concentrated or Containing Added Sugar or Other Sweetening Matter, Products Consisting of Natural Milk Constituents, Whether or not Containing Added Sugar or Other Sweetening Matter, not Elsewhere Specified or Included.

(a)
   Mexico shall allow the importation of originating goods classified under the tariff heading listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-WY".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 and each subsequent year | 5 000 |

  

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning for no more than five years after entry into force of this Agreement. Starting in year six, this TRQ shall be administered on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified under the tariff heading 04.04.

9.
   Butter, Other Fats and Oils Derived from Milk, and Dairy Spreads

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-BT".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 | 1 500 |
| 2 | 1 667 |
| 3 | 1 833 |
| 4 | 2 000 |
| 5 | 2 167 |
| 6 | 2 333 |
| 7 and each subsequent year | 2 500 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning for no more than three years after the date of entry into force of this Agreement. Starting in year four, this TRQ shall be administered on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0405.10.01, 0405.10.99, 0405.20.01 and 0405.90.99.

  

10.
   Fresh, Grated or Powdered and Processed Cheese

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-FC".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 | 2 500 |
| 2 | 3 125 |
| 3 | 3 750 |
| 4 | 4 375 |
| 5 and each subsequent year | 5 000 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning for no more than three years after the date of entry into force of this Agreement. Starting in year four, this TRQ shall be administered on a first come, first served basis.

  

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0406.10.01, 0406.20.01, 0406.30.01 and 0406.30.99.

11.
   Other Cheese

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-OC".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 | 6 000 |
| 2 | 9 500 |
| 3 | 13 000 |
| 4 | 16 500 |
| 5 and each subsequent year | 20 000 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

  

(d)
   Mexico may allocate this TRQ through auctioning for no more than three years after the date of entry into force of this Agreement. Starting in year four, this TRQ shall be administered on a first come, first served basis.

(e)
   This TRQ applies to originating goods classified in the following tariff lines: 0406.90.04, 0406.90.05, 0406.90.06 and 0406.90.99.

12.
   Fresh Peaches

(a)
   Mexico shall allow the importation of originating goods classified in the tariff line listed in subparagraph (d) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-FP".

  

(b)
   The aggregate quantity of originating goods listed in subparagraph (d) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 | 1 500 |
| 2 | 1 611 |
| 3 | 1 722 |
| 4 | 1 833 |
| 5 | 1 944 |
| 6 | 2 056 |
| 7 | 2 167 |
| 8 | 2 278 |
| 9 | 2 389 |
| 10 and each subsequent year | 2 500 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the preferential tariff rate determined in accordance with subparagraph 3(j) of Section B (Base Rate and Staging Categories) of Annex 2-A for tariff lines marked with the notation "MX-R2".

(d)
   This TRQ applies to originating goods classified in the tariff line 0809.30.02.

  

13.
   Coffee

(a)
   Mexico shall allow the importation of originating goods listed in subparagraph (d) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b) provided that they are in complyance with the specific rules of origin established in the Section C (Special Arrangements on Product Specific Rules) of Annex 3-A (Product Specific Rules of Origin). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-CFB".

(b)
   The aggregate quantity of originating goods listed in subparagraph (d) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 and each subsequent year | 1 600 |

(c)
   Originating goods that entered in excess of the quantities set out in subparagraph (b) shall be in compliance with the specific rule of origin established in Annex 3-A (Product Specific Rules of Origin) in order to be subject to the preferential tariff rate determined in accordance with subparagraph 3(k) of Section B (Base Rate and Staging Categories) of Annex 2-A for tariff lines 0901.21.01 and 0901.22.01 marked with the notation "MX-R3", and in accordance with subparagraph 3(d) of Section B (Base Rate and Staging Categories) of Annex 2-A for tariff lines 0901.12.01, 0901.90.01 and 0901.90.99 marked with the notation "7".

(d)
   This TRQ applies to originating goods classified in the following tariff lines: 0901.12.01, 0901.21.01, 0901.22.01, 0901.90.01 and 0901.90.99.

14.
   Dairy-Based Preparations Containing Over 10 % by Weight of Dairy Solids but not Exceeding 50 %

(a)
   Mexico shall allow the importation of originating goods classified in the tariff lines listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-DP1".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 and each subsequent year | 3 000 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning for no more than five years after the date of entry into force of this Agreement. Starting in year six, this TRQ shall be administered on a first come, first served basis.

  

(e)
   This TRQ applies to originating goods classified in the tariff line 1901.90.03.

15.
   Dairy-Based Preparations Containing Over 50 % of Dairy Solids by Weight

(a)
   Mexico shall allow the importation of originating goods classified in the tariff line listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is designated in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-DP2".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 and each subsequent year | 10 000 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning for no more than five years after the date of entry into force of this Agreement. Starting in year six, this TRQ shall be administered on a first come, first served basis.

  

(e)
   This TRQ applies to originating goods classified in the following tariff line 1901.90.05.

16.
   Extracts, Essences and Concentrates of Coffee and its Preparations

(a)
   Mexico shall allow the importation of originating goods listed in subparagraph (d) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b) provided that they are in compliance with the specific rules of origin established in the Section C (Special Arrangements on Product Specific Rules) to Annex 3-A (Product Specific Rules of Origin). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-CFS".

(b)
   The aggregate quantity of originating goods listed in subparagraph (d) that shall be permitted to enter with the preferential tariff rate determined in accordance with subparagraph 3(d) of Section B (Base Rate and Staging Categories) of Annex 2-A in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 and each subsequent year | 1 400 |

(c)
   Originating goods that entered in excess of the quantities set out in subparagraph (b) shall be in compliance with the specific rule of origin established in Annex 3-A (Product Specific Rules of Origin) in order to continue to be subject to the preferential tariff rate determined in accordance with subparagraph 3(d) of Section B (Base Rate and Staging Categories) of Annex 2-A.

(d)
   This TRQ applies to originating goods classified in the following tariff lines: 2101.11.01, 2101.11.02, 2101.11.99, 2101.12.01 and 2101.30.01.

17.
   Ice Cream

(a)
   Mexico shall allow the importation of originating goods classified in the tariff line listed in subparagraph (e) until the aggregate quantity and with the preferential tariff rate established in subparagraph (b). The TRQ set out in this paragraph is marked in the tariff elimination schedule of Mexico in Appendix 2-A-2 with the notation "TRQ-IC".

(b)
   The aggregate quantity of originating goods listed in subparagraph (e) that shall be permitted to enter into Mexico duty-free in each year under this TRQ is:

|  |  |
| --- | --- |
| Year | Aggregate Quantity (MT) |
| 1 and each subsequent year | 500 |

(c)
   Originating goods that entered in excess of the aggregate quantities set out in subparagraph (b) shall be subject to the base rate of the customs duty set out in Appendix 2‑A‑2 (Tariff Elimination Schedule for Mexico).

(d)
   Mexico may allocate this TRQ through auctioning.

(e)
   This TRQ applies to originating goods classified in tariff line 2105.00.01.

  

SECTION C

Conversion Factors

1.
   With respect to the TRQs set out in paragraphs 1, 2, 3 and 4 of Section B, the following conversion factors shall be used to convert product weight to carcass weight equivalent:

(a)
   TRQs set out in paragraphs 1 and 3 of Section B:

|  |  |  |
| --- | --- | --- |
| Tariff Line | Description    (for illustrative purposes only) | Conversion factor    (%) |
| 0201.20.99 | Other cuts with bone in. | 100 |
| 0201.30.01 | Boneless. | 130 |
| 0202.20.99 | Other cuts with bone in. | 100 |
| 0202.30.01 | Boneless. | 130 |
| 0206.10.01 | Of bovine animals, fresh or chilled. | 100 |
| 0206.29.99 | Other. | 100 |
| 0210.20.01 | Meat of bovines animals: |  |
|  | With bone in. | 100 |
|  | Boneless. | 135 |
| 0210.99.01 | Guts or bovine lips, salty or “salpresos” (corned). | 100 |

  

(b)
   TRQ set out in paragraph 2 of Section B:

|  |  |  |
| --- | --- | --- |
| Tariff Line | Description    (for illustrative purposes only) | Conversion factor    (%) |
| ex 0203.29.99 | Other.- Loins and their cuts, with or without bone. | 100 |

(c)
   TRQ set out in paragraph 4 of Section B:

|  |  |  |
| --- | --- | --- |
| Tariff Line | Description    (for illustrative purposes only) | Conversion factor    (%) |
| 0207.13.03 | Legs, thighs or legs and thighs in one piece. | 100 |
| 0207.14.04 | Legs, thighs or legs and thighs in one piece. | 100 |

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 2-B

LIST OF GOODS 
  
EXCLUDED FROM THE DEFINITION OF REMANUFACTURED GOODS

Goods classified under the following headings or subheadings of the Harmonized System are excluded from the definition of remanufactured goods: 8413 60, 8413 70, 8414 30 to 8414 60, 8415, 8418, 8419 11, 8419 19, 8421, 8422, 8443, 8450, 8451, 8452 10, 8471, 8481 80, 8481 90, 8483, 8501, 8502, 8504, 8508 to 8510, 8515 to 8519, 8521 10, 8521 90, 8522 10, 8522 90, 8525 60 to 8525 80, 8527, 8528, 8535, 8536 10, 8536 20, 8539, 8544, 8701 to 8706, 8708, 9018 19, 9019 20, and 9028 30.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 2-C

EXCEPTIONS FROM IMPORT AND EXPORT RESTRICTIONS OF MEXICO

1.
   Mexico may maintain the measures specified below, provided that those measures do not accord more favourable treatment to any third-country, including any third-country with which Mexico has concluded an agreement under Article XXIV of GATT 1994 and the Understanding on the Interpretation of Article XXIV of GATT 1994.

2.
   For greater certainty, nothing in this Annex shall affect the rights or obligations of any Party under the WTO Agreement with respect to any measure listed in this Annex.
[4](#footnote4)

3.
   The descriptions next to the corresponding HS Code are provided for the purposes of reference only.

  

4.
   Article 2.9 (Import and Export Restrictions) does not apply to:

(a)
   restrictions pursuant to Article 76 of the Hydrocarbons Sector Law (Ley del Sector de Hidrocarburos) published in Mexico's Official Gazette (Diario Oficial de la Federación) on 18 March 2025, Article 51 of the Regulation of the activities referred to by the Third Title of the Hydrocarbons Law (Reglamento de las actividades a que se refiere el Título Tercero de la Ley de Hidrocarburos) published in Mexico's Official Gazette on 31 October 2014, and the Agreement that establishes the classification and codification of Hydrocarbons and Petroleum Products subject to import and export permits by the Ministry of Energy (Acuerdo por el que se establece la clasificación y codificación de Hidrocarburos y Petrólíferos cuya importación y exportación está sujeta a Permiso Previo por parte de la Secretaría de Energía) published in the Official Gazette on 29 December 2014 and any subsequent amendment to that regulation on the exportation from Mexico of the goods provided for in the following items of Mexico's tariff schedule of the General Import and Export Duties Law (Tarifa de la Ley de los Impuestos Generales de Importación y de Exportación) published in Mexico's Official Gazette (Diario Oficial de la Federación) on 18 June 2007 and 29 June 2012:

|  |  |
| --- | --- |
| HS 2012 | Description |
| 2709.00.02 | Heavy. |
| 2709.00.03 | Medium. |
| 2709.00.04 | Light. |
| 2709.00.99 | Other crude petroleum oils. |
| 2710.12.03 | Gasoline for aircrafts. |
| 2710.12.08 | Gasoline, with an octane rating less than 87. |
| 2710.12.09 | Gasoline, with an octane rating greater or equal to 87 but less than 92. |
| 2710.12.10 | Gasoline, with an octane rating greater or equal to 92 but less than 95. |
| 2710.12.91 | Other gasolines. |
| 2710.19.05 | Fuel oil. |
| 2710.19.08 | Turbosine (kerosene, lamp oil) and mixtures thereof. |
| 2710.19.09 | Diesel oil (diesel) and mixtures thereof, with a sulfur content less or equal to 15 ppm. |
| 2710.19.10 | Diesel oil (diesel) and mixtures thereof, with a sulfur content greater to 15 ppm but less or equal to 500 ppm. |
| 2710.19.91 | Other diesel oil (diesel) and mixtures thereof. |
| 2711.11.01 | Natural gas (liquefied). |
| 2711.19.01 | Butane and propane, mixed with each other, liquefied. |
| 2711.21.01 | Natural gas (gasified). |

(b)
   prohibitions or restrictions on the importation into Mexico of used tyres, used apparel, used vehicles and used chassis equipped with vehicle motors set out in paragraphs 1(I) and 5 of Annex 2.2.1 of the Resolution through which the Ministry of Economy establishes Rules and General Criteria on International Trade (Acuerdo por el que la Secretaría de Economía emite reglas y criterios de carácter general en materia de Comercio Exterior), published in Mexico's Official Gazette (Diario Oficial de la Federación) on 31 December 2012; and

(c)
   restrictions on the import and export of rough diamonds (HS codes 7102.10, 7102.21 and 7102.31), pursuant to the Kimberley Process Certification Scheme established by the Interlaken Declaration adopted on 5 November 2002 in Interlaken by the Ministerial Meeting on the Kimberley Process Certification Scheme for Rough Diamonds.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 2-D

SPECIAL PROVISIONS ON ADMINISTRATIVE COOPERATION

1.
   The Parties shall cooperate in combatting operations in breach of customs legislation related to the preferential tariff treatment granted under Chapter 2 (Trade in Goods) in accordance with Chapter 3 (Rules of Origin and Origin Procedures) and the Annex on Mutual Administrative Assistance in Customs Matters referred to in paragraph 3 of Article 4.11 (Customs Cooperation and Mutual Administrative Assistance).

2.
   The definitions of the Annex on Mutual Administrative Assistance in Customs Matters apply to this Annex.

3.
   The procedure set out in paragraphs 4 to 8 applies if a Party has made a finding, on the basis of objective and verifiable information, including the results of verifications of origin or of requests for assistance and, if necessary, of enquiry visits:

(a)
   that breaches in customs legislation related to preferential tariff treatment granted under Chapter 2 (Trade in Goods) have been committed repeatedly; or

(b)
   that in cases of operations in breach of customs legislation the other Party repeatedly refuses or otherwise fails to comply with obligations referred to in paragraph 1.

  

4.
   The Party, which has made a finding referred to in paragraph 3 shall raise the issue with the Sub-Committee on Customs, Trade Facilitation and Rules of Origin with a view to reaching a solution acceptable to both Parties.

5.
   If the Parties fail to reach an acceptable solution within three months after raising the issue in accordance with paragraph 4 the Party which has made the finding may notify the Trade Committee and enter into consultations on the basis of all relevant information, with a view to reaching a solution acceptable to both Parties.

6.
   If the Parties fail to reach an acceptable solution within three months following the notification referred to in paragraph 5, the Trade Committee may take a decision to temporarily withdraw preferential tariff treatment of the goods concerned.

7.
   If the temporary withdrawal of preferential tariff treatment decided by the Trade Committee is effective in preventing operations in breach of customs legislation referred to in paragraph 1, the Party, which made the finding, shall withdraw the measures it had adopted to ensure compliance with its customs legislation.

  

8.
   The temporary withdrawal shall apply for a period necessary to counteract the operations in breach of customs legislation and in any case no longer than six months. If the conditions that gave rise to the initial suspension persist after the expiry of the six-month period, the Trade Committee may decide to renew the withdrawal. Any temporary suspension shall be terminated on a date not later than two years from the initial suspension unless the Trade Committee decides that the conditions that gave rise to the initial suspension persist.

9.
   Each Party shall publish the decision of the Trade Committee concerning the temporary withdrawal pursuant to this Annex, as well as any other notices or notifications to traders in accordance with its internal procedures.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 2-E

RELEVANT MEASURES ON WINE PRODUCTS AND SPIRITS

PART A

MEXICO'S OENOLOGICAL PRACTICES AND RESTRICTIONS 
  
AND PRODUCT DEFINITIONS

The laws and regulations concerning product definitions, and oenological practices and restrictions referred to in subparagraphs 1(a) and 1(b) of Article 2.22 (Oenological Practices) are:

(a)
   laws and regulations:

(i)
   Ley General de Salud (General Health Law) as published in the Official Journal on 7 February 1984 and its Regulation;

(ii)
   Reglamento de Control Sanitario de Productos y Servicios (Sanitary Control of Products and Services Regulation) as published in the Official Journal on 9 August 1999; and

(iii)
   Ley Federal sobre Metrología y Normalización (Federal Law on Metrology and Standardization and its Regulation) as published in the Official Journal on 1 July 1992 and its Regulation;

  

(b)
   Normas Oficiales Mexicanas (Mexican Official Norms, hereinafter referred as "NOM"):

(i)
   NOM-142-SSA1/SCFI-2014 Bebidas alcohólicas – Especificaciones sanitarias – Etiquetado sanitario y comercial (Alcoholic beverages – Sanitary specifications – Sanitary and commercial labeling); and

(ii)
   NOM-199-SCFI-2017 Bebidas alcohólicas – Denominación, especificaciones fisicoquímicas, información comercial y métodos de prueba (Alcoholic beverages – Denomination, physicochemical specifications, commercial information and test methods); and

(c)
   Normas Mexicanas (Mexican Norms):

(i)
   NMX-V-012-NORMEX-2005 Bebidas alcohólicas – Vino – Especificaciones (Alcoholic beverages – Wine – Specifications);

(ii)
   NMX-V-030-NORMEX-2016 Bebidas alcohólicas – Vino generoso – Denominación, etiquetado y especificaciones (Alcoholic beverages – Generous wine – Denonmitation, labeling and specifications);

(iii)
   NMX-V-047-NORMEX-2009 Bebidas alcohólicas – Vino espumoso y vino gasificado – Denominación, etiquetado y especificaciones (Alcoholic beverages – Sparkling wine and gasified wine – Denomination, labeling and specifications);

  

(iv)
   NMX-V-005-NORMEX-2013 Bebidas alcohólicas – Determinación de aldehídos, ésteres, metanol y alcoholes superiores – Métodos de ensayo (prueba) (Determination of aldehydes, esters, methanol and higher alcohols – Test methods (test));

(v)
   NMX-V-006-NORMEX-2013 Bebidas alcohólicas – Determinación de azúcares – Azúcares reductores directos y totales – Métodos de ensayo (prueba) (Alcoholic beverages – Determination of sugars – Direct and total reducing sugars – Test methods (test));

(vi)
   NMX-V-013-NORMEX-2013 Bebidas alcohólicas – Determinación del contenido alcohólico (por ciento de alcohol en volumen a 20 °C (% Alc. Vol.) – Métodos de ensayo (prueba) (Alcoholic beverages – Determination of the alcoholic content (percent of alcohol in volume at 20 °C (% Alc. Vol.) – Test methods (test));

(vii)
   NMX-V-015-NORMEX-2014 Bebidas alcohólicas – Determinación de acidez total, acidez fija y acidez volátil – Métodos de ensayo (prueba) (Determination of total acidity, fixed acidity and volatile acidity – Test methods (test));

(viii)
   NMX-V-017-NORMEX-2014 Bebidas alcohólicas – Determinación de extracto seco y cenizas – Método de ensayo (prueba) (Alcoholic beverages – Determination of dry extract and ashes – Test method (test));

  

(ix)
   NMX-V-025-NORMEX-2010 Bebidas alcohólicas – Determinación de adición de alcoholes o azúcares provenientes de caña, sorgo o maíz a bebidas alcohólicas provenientes de uva, manzana o pera mediante la Relación Isotópica de Carbono 13 (δ13CVPDB), Determinación del origen de CO2 en bebidas alcohólicas gaseosas mediante la Relación Isotópica de Carbono 13 (δ13CVPDB), Determinación de adición de agua en los vinos mediante la Relación Isotópica del Oxigeno 18 (D18ovsmow), por espectrometría de masas de isotopos estables – Métodos de ensayo (prueba) (Determination of the addition of alcohols or sugars from cane, sorghum or corn to alcoholic beverages from grapes, apples or pears through the Isotopic Carbon Ratio 13 (δ13CVPDB), Determination of the origin of CO2 in gaseous alcoholic beverages using the Isotopic Carbon Ratio 13 (δ13CVPDB), Determination of water addition in wines by Isotopic Ratio of Oxygen 18 (D18ovsmow), by mass spectrometry of stable isotopes – Test methods (test));

(x)
   NMX-V-027-NORMEX-2014 Bebidas alcohólicas – Determinación de anhídrido sulfuroso, dióxido de azufre (SO2) libre y total – Métodos de ensayo (prueba) (Alcoholic beverages – Determination of sulfur dioxide, free and total sulfur dioxide (SO2) – Test methods (test));

(xi)
   NMX-V-048-NORMEX-2009 Bebidas Alcohólicas – Determinación de dióxido de carbono (CO2) en bebidas alcohólicas – Métodos de ensayo (prueba) (Alcoholic Beverages – Determination of carbon dioxide (CO2) in alcoholic beverages – Test methods (test)); and

  

(xii)
   NMX-V-050-NORMEX-2010 Bebidas alcohólicas – Determinación de metales como cobre (Cu), plomo (Pb), arsénico (As), zinc (Zn), hierro (Fe), calcio (Ca), mercurio (Hg), cadmio (Cd), por absorción atómica – Métodos de ensayo (prueba) (Alcoholic beverages – Determination of metals such as copper (Cu), lead (Pb), arsenic (As), zinc (Zn), iron (Fe), calcium (Ca), mercury (Hg), cadmium (Cd), by atomic absorption – Test methods (test)).

PART B

THE EUROPEAN UNION'S OENOLOGICAL PRACTICES AND RESTRICTIONS, 
  
LABELLING AND PRODUCT DEFINITIONS

1.
   Laws and regulations concerning product definitions and labelling referred to in subparagraphs 2(a) and 2(b) of Article 2.22 (Oenological Practices):

(a)
   Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
[5](#footnote5)
, in particular the production rules in the wine sector, in accordance with Articles 75,78, 81 and 91 and Part II of Annex VII to that Regulation, provided that they concern products within the scope of Section B;

(b)
   Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions
[6](#footnote6)
, in particular Article 2 and Annex I and III to that Regulation; and

(c)
   Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation
[7](#footnote7)
, in particular Articles 47, 52 to 54 and Annexes III to V thereto.

2.
   Laws and regulations concerning oenological practices and restrictions:

(a)
   Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
[8](#footnote8)
, in particular the production rules in the wine sector, in accordance with Articles 75, 80, 83 and 91 and Annex VIII to that Regulation; and

  

(b)
   Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions
[9](#footnote9)
.

PART C

LABELLING OF WINES

1.
   The lists in paragraphs 2 and 3 define the terms for still wines and sparkling wines to be used in accordance with paragraph 8 of Article 2.23 (Labelling of Wines Products and Spirits) in relation to the limits of residual sugar.

2.
   Terms for still wines:

|  |  |
| --- | --- |
| Terms | Limit of residual sugar for still wines |
| Dry | < 4 g/l, or   < 9 g/l if total acidity expressed as grams of tartaric acid per litre is < 2 g below the residual sugar content |
| Medium dry | between 4 and 12 g/l |
| Medium sweet | between 12 and 45 g/l |
| Sweet | > 45 g/l |

  

3.
   Terms for sparkling wines:

|  |  |
| --- | --- |
| Terms | Limit of residual sugar for sparkling wines |
| Brut nature | <3 g/l |
| Extra brut | between 0 and 6 g/l |
| Brut | between 0 and 15 g/l |
| Extra dry | between 12 and 20 g/l |
| Dry | between 17 and 35 g/l |
| Medium dry | between 35 and 50 g/l |
| Sweet | > 50 g/l |

PART D

DOCUMENTATION AND CERTIFICATION

1.
   Pursuant to paragraph 1 of Article 2.24 (Certification of Wines Products and Spirits), the Parties shall authorise the importation in their territory of wines products in accordance with the rules of this Part governing the import certification documents and analysis reports.

2.
   The fulfilment of the requirements for the importation of wine in the territory of a Party shall be demonstrated to the competent authorities of the importing Party by the production of the following documents:

(a)
   a certificate issued by a competent authority of the country of origin; and

  

(b)
   if the wine is intended for direct human consumption, an analysis report drawn up by a laboratory officially recognised by the country of origin. The analysis report shall include the following information:

(i)
   total alcoholic strength by volume;

(ii)
   actual alcoholic strength by volume;

(iii)
   total dry extract;

(iv)
   total acidity, expressed as tartaric acid;

(v)
   volatile acidity, expressed as acetic acid;

(vi)
   citric acidity; and

(vii)
   total sulphur dioxide.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Annex 2-F

Pharmaceuticals

1.
   Each Party shall comply with the obligations set out in the TBT Agreement with respect to a marketing authorisation, notification procedure or other regulatory requirements that either Party prepares, adopts or applies to pharmaceutical products and which do not fall within the scope of the definition of a technical regulation or conformity assessment procedure.

2.
   Each Party shall use international standards, practices and guidelines for pharmaceutical products and medical devices, including those developed by the World Health Organization (WHO), the Organization for Economic Cooperation and Development (OECD), the International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use (ICH) and the Pharmaceutical Inspection Convention and Pharmaceutical Inspection Co-operation Scheme (PIC/S) as a basis for their technical regulations, except in those cases, duly substantiated on the basis of scientific and technical information, if such international standards, practices or guidelines would be ineffective or inappropriate for the fulfilment of the legitimate objectives pursued.

  

3.
   The Parties recognise that their full participation in the relevant bodies referred to in paragraph 2 facilitates regulatory cooperation between each other. The Parties shall endeavour to reach a decision on the conclusion of a Mutual Recognition Agreement (MRA) on good manufacturing practices in the future. In that context, the Parties recognise the importance of demonstrating a good record of implementation of international standards and building confidence between each other. The Committee on Trade in Goods shall meet to monitor progress every two years. In those meetings, the Parties shall discuss the development of their respective regulatory frameworks and how to protect the exchange of information. The Parties shall also enter into a dialogue to discuss inspection procedures and assess the savings that an MRA would generate.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 2-G

MOTOR VEHICLES AND EQUIPMENT AND PARTS THEREOF

1.
   This Annex applies to standards, technical regulations and conformity assessment procedures adopted or maintained by a Party at its central level of government relating to the safety and emissions of new motor vehicles or new motor vehicle equipment as defined by its laws and regulations.

2.
   The Parties shall endeavour to eliminate unnecessary barriers to trade and to enhance regulatory cooperation, in accordance with Chapter 9 (Technical Barriers to Trade), while recognising the right of each Party to determine its desired level of health, safety, environmental and consumer protection.

Market Access

3.
   Each Party shall accept on its market any new motor vehicles or new motor vehicle equipment as defined by its laws and regulations, provided the manufacturer has certified in accordance with the importing Party's applicable procedures, that the vehicle or equipment complies with the safety standards and technical regulations applicable in the importing Party
[10](#footnote10)
.

4.
   The Parties acknowledge that Mexico has incorporated in its technical regulations NOM‑194‑SCFI and NOM-042- SEMARNAT the technical regulations of the European Union and the Economic Commission for Europe of the United Nations (UNECE), including their corresponding tests-reports and type-approval certificates, listed in Appendix 2-G-1 (Certificates and Test Reports Accepted by Mexico).

5.
   Mexico maintains the right to modify its technical regulations NOM-194-SCFI and NOM‑042- SEMARNAT, including the incorporation of technical regulations of the European Union or UNECE. During the development of such changes, Mexico shall inform the European Union and, upon request, provide information on the rationale for those changes. Mexico shall continue to recognise the technical regulations listed in Appendix 2-G-1 (List of Certificates and Test Reports Accepted by Mexico), as well as their updates, unless such recognition would provide for a lower level of safety or environmental protection than the amendments introduced, or would compromise any commitments under the USMCA, or would be against Mexico's legitimate policy objectives.

6.
   Whenever Mexico revises its technical regulations relating to the approval of motor vehicles and their equipment, the Parties shall endeavour to consult each other, in accordance with the relevant provisions of Chapter 9 (Technical Barriers to Trade), with a view to determining whether the technical regulations listed in Appendix 2-G-2 (List of Additional Certificates or Test Reports) could be included in Appendix 2-G-1 (List of Certificates and Test Reports Accepted by Mexico).

  

7.
   Each Party shall endeavour to permit the importation and placing on its market of products incorporating a new technology or a new feature that the importing Party has not yet regulated, unless it has reasonable doubts about the safety of the product, based on scientific or technical information demonstrating that this new technology or new feature creates a risk for human health, safety or the environment. The Party refusing the importation and placing on its market shall notify that decision to the other Party as soon as possible.

8.
   A Party shall not nullify or impair the benefits accruing to the other Party under this Annex through regulatory measures specific to the products covered. This obligation is without prejudice to the right of a Party to adopt measures necessary for safety and the protection of the environment or public health.

Joint Cooperation

9.
   The Parties shall cooperate and exchange information on any matters relevant for the implementation of this Annex within the Committee on Trade in Goods.

10.
   With the purpose of promoting regulatory convergence, the Parties shall exchange information, to the extent practicable, on their respective technical regulations related to motor vehicle safety and environmental protection.

11.
   Appendices 2-G-1 (List of Certificates and Test Reports Accepted by Mexico) and 2‑G‑2 (List of Additional Certificates or Test Reports) constitute an integral part of this Annex.

Appendix 2-G-1

List of Certificates and Test Reports Accepted by Mexico

List of technical regulations of the European Union and the UNECE referred to in paragraph 3 of Annex 2-G incorporated in Mexico's technical regulations NOM-194-SCFI and NOM‑042‑ SEMARNAT:

|  |  |  |
| --- | --- | --- |
| Requirement | EU Directives or Regulations [11](#footnote11) | UNECE Regulations |
| Head restraints (headrests) | 78/932/EEC or 74/408/EEC | UNECE R25 or R17 |
| Safety-belts and restraint systems | 76/115/EEC or 77/541/EEC | UNECE R14 or R16  supplement 10 |
| Hand controls, tell-tales and indicators | 78/316/EEC | UNECE R121 |
| Rear-view mirrors | 71/127/EEC | UNECE R46 |
| Seat strength | 78/932/EEC or 74/408/EEC | UNECE R17 (R25 only for headrest, R17 for the whole seats) |
| Tyres | Regulation (EU) No 458/2011 | UNECE R30 (motor vehicles and their trailers) or R54 (commercial vehicles and their trailers) |
| Headlamps | 76/761/EEC, 76/756/EEC or 76/758/EEC | UNECE R48 Installation of lighting and light-signalling devices (M, N and O) or R112 Asymmetrical headlamps (filament lamps) |
| Warning lights, Parking lamps | 76/756/EEC or 77/540/EEC | UNECE R48 or R06 or R77 |
| Stop lamps | 76/758/EEC or 76/756/EEC | UNECE R48 or R07 |
| Rear registration plate lamp | 76/756/EEC or 76/760/EEC | UNECE R04 or R48 |
| End-outline marker-, front/rear position-, side-, stop lamps (M, N and O) | 76/756/EEC or 76/758/EEC | UNECE R48 or R07 |
| Reversing lamps | 77/539/EEC or 76/756/EEC | UNECE R48 or R23 |
| Direction indicators | 76/758/EEC, 76/759/EEC or 76/756/EEC | UNECE R48 or RO6 |
| Retro-reflecting devices | 76/756/EEC or 76/757/EEC | UNECE R48 or R03 |
| Windscreen defrosting and demisting  Heating systems | 78/317/EEC or 672/2010/EEC | UNECE R122 |
| Windscreen wiper and washer systems | 78/318/EEC or 94/68/EEC or Regulation (EU) No 1008/2010 |  |
| Braking (service and parking) | 71/320/EEC | UNECE R13 (braking categories M, N and O) or R13H (braking (passenger cars)) |
| Safety glazing | 92/22/EEC | UNECE R43 |
| Speedometer | 75/443/EEC | UNECE R39 |
| Protection of the occupants in frontal collision | 96/79/EEC | UNECE R94 |
| Protection of the occupants in lateral collision | 96/27/EEC | UNECE R95 |
| ABS & Advanced emergency Braking Systems (AEBS) | Regulation (EU) No 347/2012 or Regulation (EU) 2015/562 | UNECE R13 or R13H or R131 |
| Seat belt reminder (SBR) | 76/115/EEC or 77/541/EEC | UNECE R16 |
| Emissions spark ignition, compression ignition, LPG, CNG vehicles | 2002/80/CE (Euro IV, light vehicles) | UNECE R49 |

  

Appendix 2-G-2

List of Additional Certificates or Test Reports

The Parties shall consider in accordance with paragraph 6 of this Annex to adding to Appendix 2‑G‑1 (List of Certificates and Test Reports Accepted by Mexico) the certificates and test reports provided for in directives or regulations of the European Union or regulations of the UNECE in relation to the technical requirements specified in the lists for the different vehicle categories below:

(a)
   Vehicle categories M and N: passenger cars, vans, buses, trucks and their equipment

|  |  |  |
| --- | --- | --- |
| Requirement | EU Directives or Regulations | UNECE Regulations |
| Whole vehicle | Directive 2007/46/EC | UNECE Reg 0 -IWVTA |
| Battery electric vehicles safety |  | UNECE R100 |

(b)
   Vehicle category L: motorcycles, mopeds, quads, and their equipment

|  |  |  |
| --- | --- | --- |
| Requirement | EU Directives or Regulations | UNECE Regulations |
| Whole vehicle | Regulation (EU) No 168/2013 |  |
| Noise | Regulation (EU) No 134/2014 and Regulation (EU) No 168/2013 | UNECE R41 (noise emissions) and R09 (for tricycles) |

  

(c)
   Vehicle categories T and C: agricultural tractors and their equipment

|  |  |  |
| --- | --- | --- |
| Requirement | EU Directives or Regulations | UNECE Regulations |
| Whole vehicle | Regulation (EU) No 167/2013 |  |
| Diesel emission (agricultural tractors) | Directive 2000/25/EC | UNECE R96 |
| Braking | Regulation (EU) 2015/68 and Regulation (EU) No 167/2013 |  |

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 3-A

PRODUCT SPECIFIC RULES OF ORIGIN

SECTION A

INTRODUCTORY NOTES

Note 1

General Principles

1.1
   This Section sets out the rules for the application of the conditions in Sections B and C of this Annex as provided for in subparagraph 1(c) of Article 3.2 (General Requirements).

1.2
   For the purposes of this Annex, the requirements for a product to be considered as originating in accordance with subparagraph 1(c) of Article 3.2 (General Requirements) are a change in tariff classification, a production process, a maximum value or weight of non-originating materials or any other requirement specified in this Annex.

1.3
   Reference to weight in a product specific rule of origin means the net weight, which is the weight of a material or a product not including the weight of packaging.

  

Note 2

Structure of the List of Product Specific Rules of Origin

2.1
   Notes on sections, chapters, headings or subheadings, if applicable, shall be read in conjunction with the product specific rules of origin for the relevant section, chapter, heading or subheading.

2.2
   Each product specific rule of origin set out in the second column of the list of Section B applies to the corresponding product indicated in the first column of that list.

2.3
   If a product is subject to alternative product specific rules of origin, the product shall be considered as originating in a Party if it satisfies one of the alternatives.

2.4
   If a product is subject to a product specific rule of origin that includes multiple requirements, the product shall be considered as originating in a Party only if it satisfies all of the requirements.

2.5
   If a product specific rule of origin specifically excludes certain materials of the Harmonized System, it requires that the excluded materials be originating in a Party.

Example: When the rule of origin for heading 3505 requires "CTH except from heading 1108" then, materials classified under heading 1108 (starches, inulin) must be originating.

  

Note 3

Application of the Product Specific Rules of Origin

3.1
   Paragraph 2 of Article 3.2 (General Requirements), concerning products having acquired originating status which are used in the production of other products, applies whether or not this status has been acquired inside the same factory in a Party where these products are used.

3.2
   If a product specific rule of origin provides that a specified non-originating material shall not be used or that the value or weight of a specified non-originating material shall not exceed a specific threshold, these conditions do not apply to non-originating materials classified elsewhere in the Harmonized System.

Example: When the rule for Chapter 19 requires that "that the total weight of non-originating materials of headings 1006, 1101, 1102 or 1104 to 1108 used does not exceed 20 % by weight of the final product", the use of non-originating cereals of Chapter 10, other than rice of heading 1006, is not limited.

3.3
   If a product-specific rule of origin provides that a product shall be produced from a particular material, this does not prevent the use of other materials which are unable to satisfy that rule because of their inherent nature.

  

Note 4

Definitions

4.1
   For the purposes of this Annex:

(a)
   "CC" means production from non-originating materials of any chapter, except that of the product, or a change to the chapter, heading or subheading from any other chapter so that all non-originating materials used in the production of the product must undergo a change in tariff classification at the two-digit level of the Harmonized System (a change in chapter);

(b)
   "CTH" means production from non-originating materials of any heading, except that of the product, or a change to the chapter, heading or subheading from any other heading so that all non-originating materials used in the production of the product undergo a change in tariff classification at the four-digit level of the Harmonized System (a change in heading);

(c)
   "CTSH" means production from non-originating materials of any subheading, except that of the product, or a change to the chapter, heading or subheading from any other subheading so that all non-originating materials used in the production of the product undergo a change in tariff classification at the six-digit level of the Harmonized System (a change in subheading);

(d)
   "customs value" means the value of a good determined in accordance with the Customs Valuation Agreement;

  

(e)
   "EXW" or "ex-works price" means the price paid for the product ex-works to the manufacturer in a Party where the last working or processing was carried out and shall, in all cases, include the value of all the materials used and all other costs related to its production, minus any internal taxes returned or repaid when the product obtained is exported, even if the price is not known, is uncertain, or does not reflect all costs related to the production of the product;

if the last working or processing has been subcontracted to a manufacturer in a Party the term manufacturer may refer to the enterprise that has made use of the subcontractor;

(f)
   "MaxNOM" means the maximum value of non-originating materials expressed as a percentage and shall be calculated according to the following formula:

|  |
| --- |
|  |

(g)
   "NOM" means production from non-originating materials of any heading; and

(h)
   "VNM" means the value of non-originating materials used in the manufacture of the product which is its customs value at the time of importation including freight, insurance if appropriate, packing and all the other costs incurred in transporting the materials to the importation port in the Party where the producer of the good is located, or if the value is not known and cannot be ascertained, the first ascertainable price paid for the non-originating materials in the European Union or in Mexico.

  

Note 5

Fibres, Printing, Basic Textile Materials and Tolerances

5.1
   The term "natural fibres" is used in this Annex to refer to fibres other than artificial or synthetic fibres and is limited to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed, but not spun.

5.2
   Natural fibres include horsehair of heading 0511, silk of headings 5002 and 5003 as well as wool fibres, fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203 and other vegetable fibres of headings 5301 to 5305.

5.3
   The terms "textile pulp", "chemical materials" and "paper-making materials" are used in the list of product specific rules of origin to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

5.4
   The term "man-made staple fibres" is used in the list of product specific rules of origin to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.

5.5
   The term "printing" means a technique by which an objectively assessed function, such as colour, design or technical performance, is applied to a textile substrate with a permanent character, using screen, roller, digital or transfer techniques.

  

5.6
   The term "printing (as standalone operation)" means printing combined with at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendaring, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling shearing, singeing, process of air-tumbler, process of stenter, milling, steam and shrinking, and wet decatising), provided that the value of all the non-originating materials used does not exceed 50 % of the ex-works price of the good.

5.7
   If for a given product in the list of product specific rules of origin a reference is made to Note 5, the conditions set out in in the second column of that list shall not apply to non-originating basic textile materials used in the production of this product, which, taken together, do not exceed 8 % of the total weight of all the basic textile materials used. Note 5.9 or 5.10 may also apply.

5.8
   The tolerance provided for in Note 5.7 may only apply to mixed products which have been made from two or more of the following basic textile materials:

(a)
   silk;

(b)
   wool;

(c)
   coarse animal hair;

(d)
   fine animal hair;

  

(e)
   horsehair;

(f)
   cotton;

(g)
   paper-making materials and paper;

(h)
   flax;

(i)
   true hemp;

(j)
   jute and other textile bast fibres;

(k)
   sisal and other textile fibres of the genus Agave;

(l)
   coconut, abaca, ramie and other vegetable textile fibres;

(m)
   synthetic man-made filaments;

(n)
   artificial man-made filaments;

(o)
   current conducting filaments;

(p)
   synthetic man-made staple fibres of polypropylene;

  

(q)
   synthetic man-made staple fibres of polyester;

(r)
   synthetic man-made staple fibres of polyamide;

(s)
   synthetic man-made staple fibres of polyacrylonitrile;

(t)
   synthetic man-made staple fibres of polyimide;

(u)
   synthetic man-made staple fibres of polytetrafluoroethylene;

(v)
   synthetic man-made staple fibres of polyphenylene sulphide;

(w)
   synthetic man-made staple fibres of polyvinyl chloride;

(x)
   other synthetic man-made staple fibres;

(y)
   artificial man-made staple fibres of viscose;

(z)
   other artificial man-made staple fibres;

(aa)
   yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped;

  

(ab)
   yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped;

(ac)
   products classified under heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding five millimetres, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film; and

(ad)
   other products classified under heading 5605.

Example: A yarn of heading 5205 made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the rule of origin (which requires manufacture from chemical materials or textile pulp) may be used up to a weight of 8 % of the yarn.

Example: A woollen fabric of heading 5112 made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509 is a mixed fabric. Therefore, synthetic yarn which does not satisfy the rule of origin (which requires manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the rule of origin (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of both may be used provided their total weight does not exceed 8 % of the weight of the fabric.

  

Example: Tufted textile fabric of heading 5802 made from cotton yarn of heading 5205 and cotton fabric of heading 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.

Example: If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.

5.9
   If for a given product a reference is made to Note 5, the conditions set out in the second column of the list in Section B shall not apply to yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped if the non-originating yarn does not exceed 8 % of the total weight of all the basic textile materials used.

5.10
   If for a given product a reference is made to Note 5, the conditions set out in the second column of the list in Section B shall not apply to the strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding five millimetres, sandwiched by means of an adhesive between two layers of plastic film when the non-originating strip does not exceed 30 % of the total weight of all the basic textile materials used.

  

Note 6

Other Tolerances Applicable to Certain Textile Materials

6.1
   If reference to Note 6 is made in the list of product specific rules of origin in Section B, textile materials may be used, with the exception of linings and interlinings, which do not satisfy the requirements set out in the second column for the made-up textile product, provided that those materials are classified under a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.

6.2
   Without prejudice to Note 6.3, materials which are not classified under Chapters 50 to 63 may be used freely in the production of textile products, whether or not they contain textiles.

Example: If a rule in the list provides that for a particular textile item, such as trousers, yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified in Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles.

6.3
   If a percentage rule applies, the value of materials which are not classified under Chapters 50 to 63 shall be taken into account when calculating the value of the incorporated non-originating materials.

  

Note 7

Agricultural Goods

7.1
   Agricultural goods classified under Section II of the Harmonized System and heading 2401, which are grown or harvested in the territory of a Party, shall be treated as originating in the territory of a Party, even if grown from seeds, bulbs, rootstock, cuttings, slips, grafts, shoots, buds, or other live parts of plants imported from a third-country.

Note 8

Definition of Processes

8.1
   "Chemical reaction" means a process, including a biochemical process, which results in a molecule with a new structure by breaking intramolecular bonds and by forming new intramolecular bonds, or by altering the spatial arrangement of atoms in a molecule.

For the purposes of this definition, the following are not considered chemical reactions:

(a)
   the dissolution in water or other solvents;

(b)
   the elimination of solvents including solvent water; or

(c)
   the addition or elimination of water of crystallisation.

  

8.2
   "Mixing and blending" means the deliberate and proportionally controlled mixing or blending, including dispersing, of materials, other than the addition of diluents, to conform to predetermined specifications which results in the production of a good having physical or chemical characteristics that are relevant for the purposes or uses of the good and are different from the input materials.

8.3
   "Purification" means a process which results in the elimination of at least 80 % of the content of existing impurities, or the reduction or elimination of impurities resulting in a good suitable for one or more of the following applications:

(a)
   pharmaceutical, medical, cosmetic, veterinary or food grade substances;

(b)
   chemical products and reagents for analytical, diagnostic or laboratory uses;

(c)
   elements and components for use in micro-electronics;

(d)
   specialised optical uses;

(e)
   biotechnical use, for example, in cell culturing, in genetic technology or as a catalyst;

(f)
   carriers used in a separation process; or

(g)
   nuclear grade uses.

  

8.4.
   "Change in particle size" means the deliberate and controlled modification in particle size of a product, other than by merely crushing or pressing, resulting in a good with a defined particle size, defined particle size distribution or defined surface area, which is relevant for the purposes of the resulting product and with physical or chemical characteristics different from those of the materials used.

8.5.
   "Production of standard materials" (including standard solutions) means a production of a preparation suitable for analytical, calibrating or referencing uses with precise degrees of purity or proportions certified by the manufacturer.

8.6.
   "Isomer separation" means the isolation or separation of isomers from a mixture of isomers.

8.7.
   "Biotechnological processes" means:

(a)
   biological or biotechnological culturing (including cell culture), hybridisation or genetic modification of:

(i)
   micro-organisms, such as bacteria and viruses (including phages); or

(ii)
   human, animal or plant cells; and

(b)
   production, isolation or purification of cellular or intercellular structures (such as isolated genes, gene fragments and plasmids), or fermentation.

  

SECTION B

LIST OF PRODUCT SPECIFIC RULES OF ORIGIN

|  |  |
| --- | --- |
| Harmonized System Classification (2012) | Product Specific Rule of Origin |
| SECTION I | LIVE ANIMALS; ANIMAL PRODUCTS |
| Chapter 1 | Live animals |
|  |  |
| 0101 – 0106 | All animals of Chapter 1 are wholly obtained. |
| Chapter 2 | Meat and edible meat offal |
|  |  |
| 0201 – 0210 | Production in which all the materials of Chapters 1 and 2 used are wholly obtained. |
| Chapter 3 | Fish and crustaceans, molluscs and other aquatic invertebrates |
|  |  |
| 0301 – 0308 | Production in which all the materials of Chapter 3 used are wholly obtained. |
| Chapter 4 | Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included |
|  |  |
| 0401 – 0410 | Production in which all the materials of Chapter 4 used are wholly obtained. |
| Chapter 5 | Products of animal origin, not elsewhere specified or included |
|  |  |
| 0501 – 0511 | CC. |
| SECTION II | VEGETABLE PRODUCTS |
| Chapter 6 | Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage |
|  |  |
| 0601 – 0604 | Production in which all the materials of Chapter 6 used are wholly obtained. |
| Chapter 7 | Edible vegetables and certain roots and tubers |
|  |  |
| 0701 – 0714 | Production in which all the materials of Chapter 7 used are wholly obtained. |
| Chapter 8 | Edible fruit and nuts; peel of citrus fruits or melons |
|  |  |
| 0801 – 0814 | Production in which all the materials of Chapter 8 used are wholly obtained. |
| Chapter 9 | Coffee, tea, maté and spices |
|  |  |
| 0901 | CTH [12](#footnote12) . |
|  |  |
| 0902 – 0903 | NOM. |
|  |  |
| 0904 11 – 0904 12 | NOM. |
|  |  |
| 0904 21 – 0904 22 | CTH except from subheading 0709 60. |
|  |  |
| 0905 | CTH. |
|  |  |
| 0906 – 0909 | NOM. |
|  |  |
| 0910 11 – 0910 30 | NOM. |
|  |  |
| 0910 91 | Production in which all the materials of subheading 0709 60, 0904 21 or 0904 22 used are wholly obtained. |
|  |  |
| 0910 99 | NOM. |
| Chapter 10 | Cereals |
|  |  |
| 1001 – 1008 | Production in which all the materials of Chapter 10 used are wholly obtained. |
| Chapter 11 | Products of the milling industry; malt; starches; inulin; wheat gluten |
|  |  |
| 1101 – 1109 | Production in which all the materials of headings 0701, 0713, 0714, subheading 0710 10, potatoes of subheading 0711 90 or 0712 90, Chapters 10 to 11 or headings 2302 to 2303 used are wholly obtained. |
| Chapter 12 | Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruits; industrial or medicinal plants; straw and fodder |
|  |  |
| 1201 – 1214 | Production in which all the materials of Chapter 12 used are wholly obtained. |
| Chapter 13 | Lac; gums, resins and other vegetable saps and extracts |
|  |  |
| 1301 | CTH. |
|  |  |
| 1302 11 – 1302 19 | CTH. |
|  |  |
| 1302 20 | CTSH; however, non-originating pectic substances may be used. |
|  |  |
| 1302 31 | CTH. |
|  |  |
| 1302 32 | CTSH; however, non-originating mucilages and thickeners may be used. |
|  |  |
| 1302 39 | CTH. |
| Chapter 14 | Vegetable plaiting materials; vegetable products not elsewhere specified or included |
|  |  |
| 1401 – 1404 | CTSH. |
| SECTION III | ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES |
| Chapter 15 | Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes |
|  |  |
| 1501 – 1504 | CTH. |
|  |  |
| 1505 | CTSH. |
|  |  |
| 1506 – 1507 | CTH. |
|  |  |
| 1508 | CTSH. |
|  |  |
| 1509 – 1510 | Production in which all the vegetable materials used are wholly obtained. |
|  |  |
| 1511 | CTH. |
|  |  |
| 1512 11 – 1512 19 | CTH. |
|  |  |
| 1512 21 – 1512 29 | CTSH. |
|  |  |
| 1513 – 1520 | CTH. |
|  |  |
| 1521 – 1522 | CTSH. |
| SECTION IV | PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES |
| Chapter 16 | Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates |
|  |  |
| 1601 – 1605 | Production in which all the materials of Chapter 2, 3 or 16 used are wholly obtained. |
| Chapter 17 | Sugars and sugar confectionery |
|  |  |
| 1701 | CTH. |
|  |  |
| 1702 | CTH, provided that:  –    the total weight of non-originating materials of headings 1101 to 1108 used does not exceed 20 % of the weight of the product; and  –    the total weight of non-originating materials of heading 1701 or 1703 used does not exceed 10 % of the weight of the product. |
|  |  |
| 1703 | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 10 % of the weight of the product. |
|  |  |
| 1704 | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
| Chapter 18 | Cocoa and cocoa preparations |
|  |  |
| 1801 – 1805 | CTH. |
|  |  |
| 1806 10 |  |
|  |  |
| –    Sweetened cocoa powder containing 90 % or more by dry weight of sugar | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 10 % of the weight of the product. |
|  |  |
| –    Others | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
|  |  |
| 1806 20 – 1806 90 | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
| Chapter 19 | Preparations of cereals, flour, starch or milk; pastrycooks' products |
|  |  |
| 1901 – 1905 | CTH, provided that:  –    the total weight of non-originating materials of Chapter 2, 3 or 16 used does not exceed 20 % of the weight of the product;  –    the total weight of non-originating materials of headings 1006, 1101, 1102 or 1104 to 1108 used does not exceed 20 % of the weight of the product;  –    the weight of non-originating materials of heading 1103 used does not exceed 10 % of the weight of the product;  –    the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product; and  –    the weight of non-originating materials of Chapter 4 used does not exceed 40 % of the weight of the product. |
| Chapter 20 | Preparations of vegetables, fruit, nuts or other parts of plants |
|  |  |
| 2001 – 2005 | Production in which all the vegetables used are wholly obtained. |
|  |  |
| 2006 – 2007 | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
|  |  |
| 2008 |  |
|  |  |
| –    Nuts, not containing added sugar or spirit | Production in which the value of the originating nuts and oil seeds of headings 0801, 0802 or 1202 to 1207 used exceeds 60 % of the EXW of the product. |
|  |  |
| –    Peanut butter; mixtures based on cereals; palm hearts; maize (corn) | CTH. |
|  |  |
| –    Other except for fruit and nuts cooked otherwise than by steaming or boiling in water, not containing added sugar, frozen | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
|  |  |
| –    Others | Production in which all the fruits, nuts or vegetables used are wholly obtained. |
|  |  |
| 2009 11 – 2009 39 | Production in which all the citrus fruits used are wholly obtained, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
|  |  |
| 2009 41 – 2009 90 | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
| Chapter 21 | Miscellaneous edible preparations |
|  |  |
| 2101 [13](#footnote13) | CTH, provided that at least 50 % of the weight of the coffee used must already be originating. |
|  |  |
| 2102 | CTH. |
|  |  |
| 2103 10 – 2103 20 | CTH. |
|  |  |
| 2103 30 | NOM. |
|  |  |
| 2103 90 | CTSH. |
|  |  |
| 2104 | CTH. |
|  |  |
| 2105 | CTH, provided that:  –    the weight of non-originating materials of Chapter 4 used does not exceed 20 % of the weight of the product; and  –    the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 20 % of the weight of the product. |
|  |  |
| 2106 10 | CTH, provided that:  –    the weight of non-originating materials of Chapter 4 used does not exceed 20 % of the weight of the product; and  –    the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
|  |  |
| 2106 90 | CTH, provided that the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product. |
| Chapter 22 | Beverages, spirits and vinegar |
|  |  |
| 2201 | CTH. |
|  |  |
| 2202 | CTH, provided that:  –    the weight of non-originating materials of Chapter 4 used does not exceed 40 % of the weight of the product;  –    the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 40 % of the weight of the product; and  –    all the fruit juice (except for pineapple, lime and grapefruit juices) used is wholly obtained. |
|  |  |
| 2203 | CTH. |
|  |  |
| 2204 – 2206 | CTH except from heading 2207 or 2208, provided that all the materials of subheading 0806 10, 2009 61 or 2009 69 used are wholly obtained. |
|  |  |
| 2207 | CTH except from heading 2207 or 2208, provided that all the materials of subheading 0806 10, heading 1005, subheading 2009 61 or 2009 69 used are wholly obtained. |
|  |  |
| 2208 – 2209 | CTH except from heading 2207 or 2208, provided that all the materials of subheading 0806 10, 2009 61 or 2009 69 used are wholly obtained. |
| Chapter 23 | Residues and waste from the food industries; prepared animal fodder |
|  |  |
| 2301 | CTH. |
|  |  |
| 2302 | CTH, provided that the weight of non-originating materials of Chapter 10 used does not exceed 20 % of the weight of the product. |
|  |  |
| 2303 10 | CTH, provided that the weight of non-originating materials of Chapter 10 used does not exceed 20 % of the weight of the product. |
|  |  |
| 2303 20 – 2303 30 | CTH. |
|  |  |
| 2304 – 2308 | CTH. |
|  |  |
| 2309 | CTH, provided that:  –    all the materials of Chapter 2, 3 or 4 used are wholly obtained;  –    the total weight of non-originating materials of Chapter 10, 11, or headings 2302 to 2303 used does not exceed 20 % of the weight of the product; and  –    the total weight of non-originating materials of heading 1701 or 1702 used does not exceed 30 % of the weight of the product. |
| Chapter 24 | Tobacco and manufactured tobacco substitutes |
|  |  |
| 2401 | Production in which all the materials of Chapter 24 used are wholly obtained. |
|  |  |
| 2402 10 | CTH, provided that the weight of non-originating materials of heading 2401 used does not exceed 30 % of the weight of the product. |
|  |  |
| 2402 20 – 2402 90 | CTH, provided that at least 65 % of the weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is wholly obtained. |
|  |  |
| 2403 11 – 2403 91 | CTH, provided that at least 55 % of the weight of the unmanufactured tobacco or tobacco refuse of heading 2401 used is wholly obtained; or    MaxNOM 30 % (EXW). |
|  |  |
| 2403 99 |  |
|  |  |
| –    Heat-not-burn tobacco products | CTH, provided that at least 10 % of the weight of the tobacco of Chapter 24 used is wholly obtained; or    MaxNOM 60 % (EXW). |
|  |  |
| –    Others | CTH, provided that at least 55 % of the weight of the tobacco of Chapter 24 used must be originating; or    MaxNOM 30 % (EXW). |
| SECTION V | MINERAL PRODUCTS [14](#footnote14) |
| Chapter 25 | Salt; sulfur; earths and stone; plastering materials, lime and cement |
|  |  |
| 2501 – 2530 | CTH; or    MaxNOM 70 % (EXW). |
| Chapter 26 | Ores, slag and ash |
|  |  |
| 2601 – 2621 | CTH. |
| Chapter 27 | Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes |
|  |  |
| 2701 – 2709 | CTH;    A chemical reaction or mixing and blending is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 2710 | NOM, provided that biodiesel (including hydrotreated vegetable oil) of heading 2710, subheading 3824 90 or 3826 00 used is obtained by esterification, transesterification or hydrotreatment. |
|  |  |
| 2711 – 2716 | CTH;    A chemical reaction or mixing and blending is undergone; or    MaxNOM 50 % (EXW). |
| SECTION VI | PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES [15](#footnote15) |
| Chapter 28 | Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes |
|  |  |
| 2801 – 2853 |  |
| –    Precursor active cathode material (PCAM) [16](#footnote16)  and active cathode material (CAM) [17](#footnote17)  that are intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.01, 87.02, 87.03 and 87.04 | For exports from Mexico to the EU:  CTH, however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product; or  MaxNOM 40 % (EXW).    For exports from the EU to Mexico:  CTSH;  A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or  MaxNOM 50 % (EXW). |
| –    Others | CTSH;  A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or  MaxNOM 50 % (EXW). |
| Chapter 29 | Organic chemicals |
|  |  |
| 2901 – 2904 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 2905 11 – 2905 42 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 2905 43 – 2905 44 | CTH except from heading 3824; or    MaxNOM 40 % (EXW). |
|  |  |
| 2905 45 | CTSH; however, non-originating materials of subheading 2905 45 may be used, provided that their total value does not exceed 20 % of the EXW of the product; or    MaxNOM 50 % (EXW). |
|  |  |
| 2905 49 – 2905 59 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 2906 – 2942 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
| Chapter 30 | Pharmaceutical products |
|  |  |
| 3001 – 3003 | CTSH; or    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone. |
|  |  |
| 3004 | CTH except from heading 3003;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3005 | CTH; or    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone. |
|  |  |
| 3006 10 – 3006 50 | CTSH; or    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone. |
|  |  |
| 3006 60 – 3006 91 | CTH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3006 92 | CTSH; or    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone. |
| Chapter 31 | Fertilizers |
|  |  |
| 3101 – 3104 | CTH; however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product; or    MaxNOM 40 % (EXW). |
|  |  |
| 3105 |  |
|  |  |
| –    Sodium nitrate; calcium cyanamide; potassium sulphate; magnesium potassium sulphate | CTH; however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW the product; or    MaxNOM 40 % (EXW). |
|  |  |
| –    Others | CTH; however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product, and in which the value of non-originating materials used does not exceed 50 % of the EXW of the product; or    MaxNOM 40 % (EXW). |
| Chapter 32 | Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks |
|  |  |
| 3201 – 3215 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
| Chapter 33 | Essential oils and resinoids; perfumery, cosmetic or toilet preparations |
|  |  |
| 3301 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 3302 10 | CTH; however, non-originating materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the EXW of the product; or    MaxNOM 50 % (EXW). |
|  |  |
| 3302 90 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3303 – 3307 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
| Chapter 34 | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster |
|  |  |
| 3401 – 3407 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
| Chapter 35 | Albuminoidal substances; modified starches; glues; enzymes |
|  |  |
| 3501 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 3502 11 – 3502 19 | CTH, provided that materials of Chapter 4 used are wholly obtained. |
|  |  |
| 3502 20 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 3502.90 | CTH. |
|  |  |
| 3503 – 3504 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3505 | CTH except from heading 1108. |
|  |  |
| 3506 – 3507 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
| Chapter 36 | Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations |
|  |  |
| 3601 – 3606 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
| Chapter 37 | Photographic or cinematographic goods |
|  |  |
| 3701 – 3707 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
| Chapter 38 | Miscellaneous chemical products |
|  |  |
| 3801 – 3808 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3809 10 | CTH except from heading 1108. |
|  |  |
| 3809 91 – 3809 93 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3810 – 3822 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3823 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 3824 10 – 3824 50 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3824 60 | CTH except from subheading 2905 44. |
|  |  |
| 3824 71 – 3824 83 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3824 90 |  |
|  |  |
| –    Biodiesel | Production in which biodiesel is obtained through transesterification or esterification or through hydro-treatment. |
|  |  |
| –    Precursor active cathode material (PCAM) [18](#footnote18) , active cathode material (CAM) [19](#footnote19) , and cathode slurry [20](#footnote20)  that are intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.01, 87.02, 87.03 and 87.04 | For exports from Mexico to the EU:  MaxNOM 50 % (EXW).    For exports from the EU to Mexico:  CTSH;  A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or  MaxNOM 50 % (EXW). |
|  |  |
| –    Others | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3825 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3826 | Production in which biodiesel is obtained through transesterification or esterification or through hydro-treatment. |
| SECTION VII | PLASTICS AND ARTICLES THEREOF; RUBBER AND ARTICLES THEREOF [21](#footnote21) |
| Chapter 39 | Plastics and articles thereof |
|  |  |
| 3901 – 3915 | CTSH;    A chemical reaction, mixing and blending, purification, change in particle size, production of standard materials, isomer separation or biotechnological processing is undergone; or    MaxNOM 50 % (EXW). |
|  |  |
| 3916 – 3926 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 40 | Rubber and articles thereof |
|  |  |
| 4001 – 4002 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 4003 – 4011 | CTH. |
|  |  |
| 4012 11 – 4012 19 | Retreading of used tyres. |
|  |  |
| 4012 20 | CTH except from heading 4011. |
|  |  |
| 4012 90 | CTH. |
|  |  |
| 4013 – 4017 | CTH. |
| SECTION VIII | RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLES OF ANIMAL GUT (OTHER THAN SILK-WORM GUT) |
| Chapter 41 | Raw hides and skins (other than furskins) and leather |
|  |  |
| 4101 – 4103 | CTH. |
|  |  |
| 4104 11 – 4104 19 | CTH. |
|  |  |
| 4104 41 – 4104 49 | CTSH except from subheadings 4104 41 to 4104 49. |
|  |  |
| 4105 10 | CTH. |
|  |  |
| 4105 30 | CTSH. |
|  |  |
| 4106 21 | CTH. |
|  |  |
| 4106 22 | CTSH. |
|  |  |
| 4106 31 | CTH. |
|  |  |
| 4106 32 – 4106 40 | CTSH. |
|  |  |
| 4106 91 | CTH. |
|  |  |
| 4106 92 | CTSH. |
|  |  |
| 4107 – 4113 | CTH; however, non-originating materials of subheading 4104 41, 4104 49, 4105 30, 4106 22, 4106 32 or 4106 92 may be used, provided that a re‑tanning operation of the tanned or crust hides and skins in the dry state takes place. |
|  |  |
| 4114 10 | CTH. |
|  |  |
| 4114 20 | CTH; however, non-originating materials of subheading 4104 41, 4104 49, 4105 30, 4106 22, 4106 32 or 4106 92 may be used, provided that a re‑tanning operation of the tanned or crust hides and skins in the dry state takes place. |
|  |  |
| 4115 | CTH. |
| Chapter 42 | Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut) |
|  |  |
| 4201 – 4206 | CTH. |
| Chapter 43 | Furskins and artificial fur; manufactures thereof |
|  |  |
| 4301 | CC. |
|  |  |
| 4302 11 – 4302 20 | CTH. |
|  |  |
| 4302 30 | CTSH. |
|  |  |
| 4303 – 4304 | CTH. |
| SECTION IX | WOOD AND ARTICLES OF WOOD; WOOD CHARCOAL; CORK AND ARTICLES OF CORK; MANUFACTURES OF STRAW, OF ESPARTO OR OF OTHER PLAITING MATERIALS; BASKETWARE AND WICKERWORK |
| Chapter 44 | Wood and articles of wood; wood charcoal |
|  |  |
| 4401 – 4421 | CTH. |
| Chapter 45 | Cork and articles of cork |
|  |  |
| 4501 – 4504 | CTH. |
| Chapter 46 | Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork |
|  |  |
| 4601 – 4602 | CTH; or    MaxNOM 50 % (EXW). |
| SECTION X | PULP OF WOOD OR OF OTHER FIBROUS CELLULOSIC MATERIAL; RECOVERED (WASTE AND SCRAP) PAPER OR PAPERBOARD; PAPER AND PAPERBOARD AND ARTICLES THEREOF |
| Chapter 47 | Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard |
|  |  |
| 4701 – 4707 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 48 | Paper and paperboard; articles of paper pulp, of paper or of paperboard |
|  |  |
| 4801 – 4809 | CTH. |
|  |  |
| 4810 13 – 4810 31 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 4810 32 | CC. |
|  |  |
| 4810 39 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 4810.92 | CC. |
|  |  |
| 4810 99 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 4811 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 4812 – 4814 | CTH. |
|  |  |
| 4816 – 4817 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 4818 10 | CC. |
|  |  |
| 4818 20 – 4818 90 | CTH. |
|  |  |
| 4819 10 – 4819 50 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 4819 60 | CTH. |
|  |  |
| 4820 10 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 4820 20 – 4820 90 | CTH. |
|  |  |
| 4821 – 4822 | CTH. |
|  |  |
| 4823 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 49 | Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans |
|  |  |
| 4901 – 4911 | CTH; or    MaxNOM 50 % (EXW). |
| SECTION XI | TEXTILES AND TEXTILE ARTICLES |
| Chapter 50 | Silk |
|  |  |
| 5001 – 5002 | CTH. |
|  |  |
| 5003 |  |
|  |  |
| –    Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed | Carding or combing of silk waste. |
|  |  |
| –    Others | CTH. |
|  |  |
| 5004 – 5005 | Production from: [22](#footnote22)  –    raw silk or silk waste carded or combed or otherwise prepared for spinning,  –    other natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5006 |  |
|  |  |
| –    Silk yarn and yarn spun from silk waste | Production from: [23](#footnote23)  –    raw silk or silk waste carded or combed or otherwise prepared for spinning,  –    other natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| –    Others | CTH. |
|  |  |
| 5007 |  |
|  |  |
| –    Incorporating rubber thread | Production from single yarn. [24](#footnote24) |
|  |  |
| –    Others | Production from: [25](#footnote25)  –    coir yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
| Chapter 51 | Wool, fine or coarse animal hair; horsehair yarn and woven fabric |
|  |  |
| 5101 – 5105 | CTH. |
|  |  |
| 5106 – 5110 | Production from: [26](#footnote26)  –    raw silk or silk waste carded or combed or otherwise prepared for spinning,  –    natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5111 – 5113 |  |
|  |  |
| –    Incorporating rubber thread | Production from single yarn. [27](#footnote27) |
|  |  |
| –    Others | Production from: [28](#footnote28)  –    coir yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
| Chapter 52 | Cotton |
|  |  |
| 5201 – 5203 | CTH. |
|  |  |
| 5204 – 5207 | Production from: [29](#footnote29)  –    raw silk or silk waste carded or combed or otherwise prepared for spinning,  –    natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5208 – 5212 |  |
|  |  |
| –    Incorporating rubber thread | Production from single yarn. [30](#footnote30) |
|  |  |
| –    Others | Production from: [31](#footnote31)  –    coir yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper; or    Printing [32](#footnote32)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
| Chapter 53 | Other vegetable textile fibers; paper yarn and woven fabrics of paper yarn |
|  |  |
| 5301 – 5305 | CTH. |
|  |  |
| 5306 – 5308 | Production from: [33](#footnote33)  –    raw silk or silk waste carded or combed or otherwise prepared for spinning,  –    natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5309 – 5311 |  |
|  |  |
| –    Incorporating rubber thread | Production from single yarn. [34](#footnote34) |
|  |  |
| –    Others | Production from: [35](#footnote35)  –    coir yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
| Chapter 54 | Man-made filaments; strip and the like of man-made textile materials |
|  |  |
| 5401 – 5406 | Production from: [36](#footnote36)  –    raw silk or silk waste carded or combed or otherwise prepared for spinning,  –    natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5407 |  |
|  |  |
| –    Incorporating rubber thread | Production from single yarn. [37](#footnote37) |
|  |  |
| –    Others | Production from: [38](#footnote38)  –    coir yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper; or    Printing [39](#footnote39)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
|  |  |
| 5408 | Spinning of natural or man-made staple fibres combined with weaving;    Extrusion of man-made fibres combined with weaving;    Yarn dyeing combined with weaving;    Weaving combined with dyeing or with coating or with laminating;    Twisting or any mechanical operations combined with weaving;    Weaving combined with printing; or    Printing (as standalone operation). |
| Chapter 55 | Man-made staple fibres |
|  |  |
| 5501 – 5507 | Manufacture from chemical materials or textile pulp. |
|  |  |
| 5508 – 5511 | Production from: [40](#footnote40)  –    raw silk or silk waste carded or combed or otherwise prepared for spinning,  –    natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5512 – 5516 |  |
|  |  |
| –    Incorporating rubber thread | Production from single yarn. [41](#footnote41) |
|  |  |
| –    Others | Production from: [42](#footnote42)  –    coir yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper; or    Printing [43](#footnote43)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
| Chapter 56 | Wadding, felt and nonwovens; special yarns, twine, cordage, ropes and cables and articles thereof |
|  |  |
| 5601 | Production from: [44](#footnote44)  –    coir yarn,  –    natural fibres,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5602 |  |
|  |  |
| –    Needleloom felt | Production from: [45](#footnote45)  –    natural fibres,  –    nylon staples fibres of heading 5501 or 5503, or  –    chemical materials or textile pulp.    However:  –    polypropylene filament of heading 5402,  –    polypropylene fibres of heading 5503 or 5506, or  –    polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used provided their value does not exceed 40 % of the EXW of the product. |
|  |  |
| –    Others | Production from: [46](#footnote46)  –    natural fibres,  –    nylon staples fibres of heading 5501 or 5503,  –    man-made staple fibres made from casein, or  –    chemical materials or textile pulp. |
|  |  |
| 5603 11 – 5603 14 | Production from:  –    directionally or randomly oriented filaments, provided that the materials of subheading 5503 20 used are originating; or  –    substances or polymers of natural or man-made origin, followed in both cases by bonding into a nonwoven, provided that materials of subheading 5503 20 used are originating. |
|  |  |
| 5603 91 – 5603 94 | Production from:  –    directionally or randomly oriented staple fibres, provided that the materials of subheading 5503 20 used are originating; or  –    chopped yarns, of natural or man-made origin, followed in both cases by bonding into a nonwoven, provided that materials of subheading 5503 20 used are originating. |
|  |  |
| 5604 |  |
|  |  |
| –    Rubber thread and cord, textile covered | Manufacture from rubber thread or cord, not textile covered. |
|  |  |
| –    Others | Production from: [47](#footnote47)  –    natural fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5605 – 5606 | Production from: [48](#footnote48)  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning,  –    chemical materials or textile pulp, or  –    paper-making materials. |
|  |  |
| 5607 – 5609 | Production from: [49](#footnote49)  –    coir yarn,  –    natural fibres,  –    chemical materials or textile pulp, or  –    paper-making materials. |
| Chapter 57 | Carpets and other textile floor coverings |
|  |  |
| 5701 – 5705 |  |
|  |  |
| –    Of needleloom felt | Production from: [50](#footnote50)  –    natural fibres,  –    nylon filament yarn of heading 5402,  –    nylon staple fibres of heading 5501 or 5503, or  –    chemical materials or textile pulp.    However:  –    polypropylene filament of heading 5402,  –    polypropylene fibres of heading 5503 or 5506, or  –    polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used provided their value does not exceed 40 % of the EXW of the product.    Jute fabric may be used as a backing for carpets of needleloom felt. |
|  |  |
| –    Other felt | Production from: [51](#footnote51)  –    natural fibres not carded or combed or otherwise prepared for spinning,  –    nylon filament yarn of heading 5402,  –    nylon staple fibres of heading 5501 or 5503, or  –    chemical materials or textile pulp.    However:  –    polypropylene filament of heading 5402,  –    polypropylene fibres of heading 5503 or 5506, or  –    polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used provided their value does not exceed 40 % of the EXW of the product. |
|  |  |
| Others |  |
|  |  |
| -- of polyester or acrylic fibers | Manufacture from: [52](#footnote52)  –    coir or jute yarn,  –    natural fibres,  –    nylon filament yarn of heading 5402,  –    nylon staples fibres of heading 5501 or 5503, or  –    chemical materials or textile pulp.    However:  –    polypropylene filament of heading 5402,  –    polypropylene fibres of heading 5503 or 5506, or  –    polypropylene filament tow of heading 5501, of which the denomination in all cases of a single filament or fibre is less than 9 decitex may be used provided their value does not exceed 40 % of the EXW of the product.    Jute fabric may be used as a backing for carpets of polyester or acrylic fibres. |
|  |  |
| -- Others | Manufacture from: [53](#footnote53)  –    coir or jute yarn,  –    synthetic or artificial filament yarn,  –    natural fibres, or  –    man-made staple fibres not carded or combed or otherwise processed for spinning.    Jute fabric may be used as a backing for other carpets. |
| Chapter 58 | Special woven fabrics; tufted textile fabrics; lace, tapestries; trimmings; embroidery |
|  |  |
| 5801 |  |
|  |  |
| –    Combined with rubber thread | Production from single yarn. [54](#footnote54) |
|  |  |
| –    Others | Production from: [55](#footnote55)  –    natural fibres, or  –    chemical materials or textile pulp;    Printing [56](#footnote56)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product; or    For cotton fabrics classified in this heading: manufacture from cotton yarn and printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling). |
|  |  |
| 5802 – 5804 |  |
|  |  |
| –    Combined with rubber thread | Production from single yarn. [57](#footnote57) |
|  |  |
| –    Others | Production from: [58](#footnote58)  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning, or  –    chemical materials or textile pulp; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
|  |  |
| 5805 | CTH. |
|  |  |
| 5806 |  |
|  |  |
| –    Combined with rubber thread | Production from single yarn. [59](#footnote59) |
|  |  |
| –    Others | Production from: [60](#footnote60)  –    natural fibres, or  –    chemical materials or textile pulp;    Printing [61](#footnote61)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product; or    For cotton fabrics classified under this heading: manufacture from cotton yarn and printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling). |
|  |  |
| 5807 – 5809 |  |
|  |  |
| –    Combined with rubber thread | Production from single yarn. [62](#footnote62) |
|  |  |
| –    Others | Production from: [63](#footnote63)  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning, or  –    chemical materials or textile pulp; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
|  |  |
| 5810 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 5811 |  |
|  |  |
| –    Combined with rubber thread | Production from single yarn. [64](#footnote64) |
|  |  |
| –    Others | Production from: [65](#footnote65)  –    natural fibres, or  –    chemical materials or textile pulp;    Printing [66](#footnote66)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product; or    For cotton fabrics classified in this heading: manufacture from cotton yarn and printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling). |
| Chapter 59 | Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use |
|  |  |
| 5901 | Production from yarn. |
|  |  |
| 5902 | Production from chemical materials or textile pulp. |
|  |  |
| 5903 | Weaving combined with impregnating or with coating or with covering or with laminating or with metalizing;    Weaving combined with printing; or    Printing (as standalone operation). |
|  |  |
| 5904 | Production from yarn. [67](#footnote67) |
|  |  |
| 5905 |  |
|  |  |
| –    Impregnated, coated, covered or laminated with rubber, plastics or other materials | Production from yarn. |
|  |  |
| –    Others | Production from: [68](#footnote68)  –    coin yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning, or  –    chemical materials or textile pulp; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
|  |  |
| 5906 | Extrusion of man-made fibres combined with weaving;    Weaving, knitting or nonwoven process combined with dyeing or with coating or with rubberising;    Yarn dyeing combined with weaving or nonwoven process; or    Rubberising, combined with at least two other main preparatory or finishing operations (such as calendering, shrink resistance processing, heat setting, permanent finishing) provided that the value of all the materials used does not exceed 50 % of the EXW of the product. |
|  |  |
| 5907 | Production from yarn; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the product. |
|  |  |
| 5908 |  |
|  |  |
| –    Incandescent gas mantles, impregnated | Manufacture from tubular knitted gas mantle fabric. |
|  |  |
| –    Others | CTH. |
|  |  |
| 5909 | [69](#footnote69) Spinning of natural or of man-made staple fibres combined with weaving;    Extrusion of man-made fibres combined with weaving;    Weaving combined with dyeing or with coating or with laminating; or    Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink‑resistance processes heat setting, permanent finishing) provided that the value of all materials used does not exceed 50 % of the EXW of the product. |
|  |  |
| 5910 | Production from: [70](#footnote70)  –    coin yarn,  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning, or  –    chemical materials or textile pulp. |
|  |  |
| 5911 | [71](#footnote71) Spinning of natural or of man-made staple fibres combined with weaving;    Extrusion of man-made fibres combined with weaving;    Weaving combined with dyeing or with coating or with laminating; or    Coating, flocking, laminating or metalizing combined with at least two other main preparatory or finishing operations (such as calendering, shrink‑resistance processes heat setting, permanent finishing) provided that the value of all materials used does not exceed 50 % of the EXW of the product. |
| Chapter 60 | Knitted or crocheted fabrics |
|  |  |
| 6001 – 6006 | Production from: [72](#footnote72)  –    natural fibres, or  –    chemical materials or textile pulp. |
| Chapter 61 | Articles of apparel and clothing accessories, knitted or crocheted |
|  |  |
| 6101– 6117 |  |
|  |  |
| –    Sweaters of acrylic fibres | Production from: [73](#footnote73)  –    silk yarn,  –    wool yarn,  –    cotton fibres,  –    other vegetable textile yarn,  –    special yarn of Chapter 56, or  –    chemical materials or textile pulp. |
|  |  |
| –    Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form; except for sweaters of acrylic fibres | Production from yarn. [74](#footnote74)   [75](#footnote75) |
|  |  |
| –    Other, except for sweaters of acrylic fibres | Production from: [76](#footnote76)  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning, or  –    chemical materials or textile pulp. |
| Chapter 62 | Articles of apparel and clothing accessories, not knitted or crocheted |
|  |  |
| 6201 | Production from yarn; [77](#footnote77)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6202 |  |
|  |  |
| –    Women's, girls' and babies' clothing and clothing accessories for babies, embroidered | Production from yarn; [78](#footnote78)    Production from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; [79](#footnote79)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| –    Others | Production from yarn; [80](#footnote80)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6203 | Production from yarn; [81](#footnote81)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6204 |  |
|  |  |
| –    Women's, girls' and babies' clothing and clothing accessories for babies, embroidered | Production from yarn; [82](#footnote82)    Production from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; [83](#footnote83)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| –    Others | Production from yarn; [84](#footnote84)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6205 | Production from yarn; [85](#footnote85)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6206 |  |
|  |  |
| –    Women's, girls' and babies' clothing and clothing accessories for babies, embroidered | Production from yarn; [86](#footnote86)    Production from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; [87](#footnote87)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| –    Others | Production from yarn; [88](#footnote88)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6207 – 6208 | Production from yarn; [89](#footnote89)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6209 |  |
|  |  |
| –    Women's, girls' and babies' clothing and clothing accessories for babies, embroidered | Production from yarn; [90](#footnote90)    Production from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; [91](#footnote91)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| –    Others | Production from yarn; [92](#footnote92)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6210 |  |
|  |  |
| –    Fire-resistant equipment of fabric covered with foil of aluminised polyester | Production from yarn; [93](#footnote93)  or    Production from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the EXW of the product. [94](#footnote94) |
|  |  |
| –    Others | Production from yarn; [95](#footnote95)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6211 |  |
|  |  |
| –    Women's, girls' and babies' clothing and clothing accessories for babies, embroidered | Production from yarn; [96](#footnote96)    Production from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; [97](#footnote97)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| –    Others | Production from yarn; [98](#footnote98)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6212 | Production from yarn; [99](#footnote99)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6213 – 6214 |  |
|  |  |
| –    Embroidered | Production from unbleached single yarn; [100](#footnote100)   [101](#footnote101)    Production from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; [102](#footnote102)  or    Printing [103](#footnote103)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| –    Others | Production from unbleached single yarn; [104](#footnote104)   [105](#footnote105)  or    Making up followed by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted goods of headings 6213 and 6214 used does not exceed 47,5 % of the EXW of the product. |
|  |  |
| 6215 | Production from yarn; [106](#footnote106)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6216 |  |
|  |  |
| –    Fire-resistant equipment of fabric covered with foil of aluminised polyester | Production from yarn; [107](#footnote107)  or    Production from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the EXW of the product. [108](#footnote108) |
|  |  |
| –    Others | Production from yarn; [109](#footnote109)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6217 |  |
|  |  |
| –    Embroidered | Production from yarn; [110](#footnote110)    Production from unembroidered fabric provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; [111](#footnote111)  or    Printing [112](#footnote112)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| –    Fire-resistant equipment of fabric covered with foil of aluminised polyester | Production from yarn; [113](#footnote113)  or    Production from uncoated fabric provided the value of the uncoated fabric used does not exceed 40 % of the EXW of the product. [114](#footnote114) |
|  |  |
| –    Interlinings for collars and cuffs, cut out | CTH and MaxNOM 40 % (EXW). |
|  |  |
| –    Others | Production from yarn; [115](#footnote115)  or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
| Chapter 63 | Other made up textile articles; sets; worn clothing and worn textile articles; rags |
|  |  |
| 6301 – 6304 |  |
|  |  |
| –    Of felt, of nonwovens | Production from: [116](#footnote116)  –    natural fibres, or  –    chemical materials or textile pulp. |
|  |  |
| –    Others |  |
|  |  |
| -- Embroidered | Production from unbleached single yarn; [117](#footnote117)   [118](#footnote118)    Production from unembroidered fabric (other than knitted or crocheted) provided the value of the unembroidered fabric used does not exceed 40 % of the EXW of the product; or    Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| -- Others | Production from unbleached single yarn; [119](#footnote119)   [120](#footnote120)  or    Printing [121](#footnote121)  accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling) where the value of the unprinted fabric used does not exceed 47,5 % of the EXW of the printed fabric. |
|  |  |
| 6305 | Production from: [122](#footnote122)  –    natural fibres,  –    man-made staple fibres not carded or combed or otherwise prepared for spinning, or  –    chemical materials or textile pulp. |
|  |  |
| 6306 |  |
|  |  |
| –    Of nonwovens | Production from: [123](#footnote123)   [124](#footnote124)  –    natural fibres, or  –    chemical materials or textile pulp. |
|  |  |
| –    Others | Production from unbleached single yarn. [125](#footnote125)   [126](#footnote126) |
|  |  |
| 6307 | Production from yarn. [127](#footnote127)   [128](#footnote128) |
|  |  |
| 6308 | Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated provided their total value does not exceed 15 % of the EXW of the set. |
|  |  |
| 6309 | CTH. |
|  |  |
| 6310 | Production in which all the materials used are wholly obtained. |
| SECTION XII | FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING STICKS, SEATSTICKS, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLES OF HUMAN HAIR |
| Chapter 64 | Footwear, gaiters and the like; parts of such articles |
|  |  |
| 6401 | NOM, except from non-originating assemblies of uppers affixed to inner soles or to other sole components of heading 6406. |
|  |  |
| 6402 – 6404 |  |
|  |  |
| –    With a customs value above 32 euros | NOM, except from non-originating assemblies of uppers affixed to inner soles or to other sole components of heading 6406. |
|  |  |
| –    With a customs value equal to or below 32 euros | CTH except from non-originating uppers or parts thereof, other than stiffeners, of heading 6406, and MaxNOM 60 % (EXW). |
|  |  |
| 6405 | NOM, except from non-originating assemblies of uppers affixed to inner soles or to other sole components of heading 6406. |
|  |  |
| 6406 | CTH. |
| Chapter 65 | Headgear and parts thereof |
|  |  |
| 6501 – 6507 | CTH. |
| Chapter 66 | Umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding-crops and parts thereof |
|  |  |
| 6601 – 6603 | CTH. |
| Chapter 67 | Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair |
|  |  |
| 6701 – 6704 | CTH. |
| SECTION XIII | ARTICLES OF STONE, PLASTER, CEMENT, ASBESTOS, MICA OR SIMILAR MATERIALS; CERAMIC PRODUCTS; GLASS AND GLASSWARE |
| Chapter 68 | Articles of stone, plaster, cement, asbestos, mica or similar materials |
|  |  |
| 6801 – 6802 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 6803 | NOM. |
|  |  |
| 6804 – 6811 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 6812 80 | NOM. |
|  |  |
| 6812 91 – 6812 99 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 6813 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 6814 10 | NOM. |
|  |  |
| 6814 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 6815 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 69 | Ceramic products |
|  |  |
| 6901 – 6914 | CTH. |
| Chapter 70 | Glass and glassware |
|  |  |
| 7001 – 7002 | CTH. |
|  |  |
| 7003 – 7005 |  |
|  |  |
| –    Glass with a non-reflecting layer | CTH except from headings 7002 to 7005. |
|  |  |
| –    Others | CTH. |
|  |  |
| 7006 – 7009 | CTH except from headings 7002 to 7009. |
|  |  |
| 7010 – 7011 | CTH. |
|  |  |
| 7013 | CTH except from heading 7010. |
|  |  |
| 7014 – 7018 | CTH. |
|  |  |
| 7019 |  |
|  |  |
| –    Articles (other than yarn) of glass fibres | Production from uncoloured slivers, rovings, yarn or chopped strands of glass wool. |
|  |  |
| –    Others | CTH. |
|  |  |
| 7020 | CTH. |
| SECTION XIV | NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI‑PRECIOUS STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION JEWELRY; COIN |
| Chapter 71 | Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewelry; coin |
|  |  |
| 7101 | CC. |
|  |  |
| 7102 – 7104 | CTSH. |
|  |  |
| 7105 | CTH. |
|  |  |
| 7106 10 | CTSH. |
|  |  |
| 7106 91 | CTH except from heading 7108 or 7110;    Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110; or    Fusion or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals. |
|  |  |
| 7106 92 | CTSH. |
|  |  |
| 7107 | NOM. |
|  |  |
| 7108 11 | CTSH. |
|  |  |
| 7108 12 | CTH except from heading 7106 or 7110;    Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110; or    Fusion or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals. |
|  |  |
| 7108 13 – 7108 20 | CTSH. |
|  |  |
| 7109 | NOM. |
|  |  |
| 7110 | CTSH;    Electrolytic, thermal or chemical separation of precious metals of heading 7106, 7108 or 7110; or    Fusion or alloying of precious metals of heading 7106, 7108 or 7110 with each other or with base metals. |
|  |  |
| 7111 | NOM. |
|  |  |
| 7112 – 7115 | CTH. |
|  |  |
| 7116 – 7117 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 7118 | CTH. |
| SECTION XV | BASE METALS AND ARTICLES OF BASE METAL |
| Chapter 72 | Iron and steel |
|  |  |
| 7201 – 7206 | CTH. |
|  |  |
| 7207 | CTH except from heading 7206. |
|  |  |
| 7208 – 7217 | CTH except from headings 7207 to 7217. |
|  |  |
| 7218 | CTH. |
|  |  |
| 7219 – 7223 | CTH except from headings 7219 to 7223. |
|  |  |
| 7224 10 | CTH. |
|  |  |
| 7224 90 | CTSH. |
|  |  |
| 7225 – 7229 | CTH except from headings 7225 to 7229. |
| Chapter 73 | Articles of iron or steel |
|  |  |
| 7301 10 | CC except from headings 7207 to 7217. |
|  |  |
| 7301 20 | CC. |
|  |  |
| 7302 | CC except from headings 7207 to 7217. |
|  |  |
| 7303 – 7306 | CC. |
|  |  |
| 7307 11 – 7307 19 | CC. |
|  |  |
| 7307 21 – 7307 29 | Production by turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of non‑originating forged blanks used does not exceed 35 % of EXW of the product. |
|  |  |
| 7307 91 – 7307 99 | CC. |
|  |  |
| 7308 | CTH except from subheading 7301 20. |
|  |  |
| 7309 – 7314 | CTH. |
|  |  |
| 7315 11 – 7315 19 | CTH. |
|  |  |
| 7315 20 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 7315 81 – 7315 90 | CTH. |
|  |  |
| 7316 – 7320 | CTH. |
|  |  |
| 7321 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 7322 – 7326 | CTH. |
| Chapter 74 | Copper and articles thereof |
|  |  |
| 7401 – 7402 | CTH. |
|  |  |
| 7403 | CTSH. |
|  |  |
| 7404 – 7407 | CTH. |
|  |  |
| 7408 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 7409 – 7412 | CTH. |
|  |  |
| 7413 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 7415 – 7419 | CTH. |
| Chapter 75 | Nickel and articles thereof |
|  |  |
| 7501 – 7508 | CTH. |
| Chapter 76 | Aluminum and articles thereof |
|  |  |
| 7601 | NOM. |
|  |  |
| 7602 | CTH. |
|  |  |
| 7603 – 7606 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 7607 | CTH except from heading 7606. |
|  |  |
| 7608 – 7615 | CTH and MaxNOM 50 % (EXW). |
|  |  |
| 7616 | CTH. |
| Chapter 78 | Lead and articles thereof |
|  |  |
| 7801 10 | CTSH. |
|  |  |
| 7801 91 – 7801 99 | CTH. |
|  |  |
| 7802 – 7806 | CTH. |
| Chapter 79 | Zinc and articles thereof |
|  |  |
| 7901 – 7907 | CTH. |
| Chapter 80 | Tin and articles thereof |
|  |  |
| 8001 – 8007 | CTH. |
| Chapter 81 | Other base metals; cermets; articles thereof |
|  |  |
| 8101 – 8113 | CTSH; or    Production by the use of refining, smelting or thermal metal forming. |
| Chapter 82 | Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal |
|  |  |
| 8201 – 8204 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8205 10 – 8205 70 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8205 90 | CTH; however, according to Article 3.10 (Sets) non-originating tools of heading 8205 may be incorporated into the set provided that their total value does not exceed 15 % of the EXW of that set. |
|  |  |
| 8206 | CTH except from headings 8202 to 8205; however, according to Article 3.10 (Sets) non-originating tools of headings 8202 to 8205 may be incorporated into the set provided that their total value does not exceed 15 % of the EXW of that set. |
|  |  |
| 8207 – 8215 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 83 | Miscellaneous articles of base metal |
|  |  |
| 8301 – 8311 | CTH; or    MaxNOM 50 % (EXW). |
| SECTION XVI | MACHINERY AND MECHANICAL APPLIANCES; ELECTRICAL EQUIPMENT; PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLES |
| Chapter 84 | Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof |
|  |  |
| 8401 – 8406 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8407 [129](#footnote129)  – 8408 | MaxNOM 50 % (EXW). |
|  |  |
| 8409 – 8417 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8418 10 – 8418 29 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8418 30 – 8418 50 | CTH; or    MaxNOM 45 % (EXW). |
|  |  |
| 8418 61 – 8418 91 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8418 99 | CTH; or    MaxNOM 45 % (EXW). |
|  |  |
| 8419 – 8421 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8422 11 | CTH; or    MaxNOM 45 % (EXW). |
|  |  |
| 8422 19 – 8422 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8423 – 8424 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8425 – 8430 | CTH except from heading 8431; or    MaxNOM 50 % (EXW). |
|  |  |
| 8431 – 8442 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8443 11 – 8443 19 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8443 31 – 8443 39 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8443 91 – 8443 99 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8444 – 8447 | CTH except from heading 8448; or    MaxNOM 50 % (EXW). |
|  |  |
| 8448 – 8449 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8450 – 8451 | CTH; or    MaxNOM 45 % (EXW). |
|  |  |
| 8452 – 8455 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8456 – 8465 | CTH except from heading 8466; or    MaxNOM 50 % (EXW). |
|  |  |
| 8466 – 8468 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8469 – 8472 | CTH except from heading 8473, or    MaxNOM 50 % (EXW). |
|  |  |
| 8473 – 8480 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8481 10 – 8481 40 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8481 80 – 8481 90 | CTH; or    MaxNOM 45 % (EXW). |
|  |  |
| 8482 – 8487 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 85 | Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles |
|  |  |
| 8501 – 8502 | CTH except from heading 8503; or    MaxNOM 50 % (EXW). |
|  |  |
| 8503 – 8506 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8507 [130](#footnote130) |  |
| –    Battery cells, battery modules and parts thereof as well as accumulators containing one or more battery cells or battery modules and the circuitry to interconnect them amongst themselves, often referred to as "battery packs", of a kind used as the primary source of electrical power for the propulsion of vehicles of headings 87.01, 87.02, 87.03 and 87.04 | For exports from Mexico to the EU:    CTH, provided that the value of all non-originating materials does not exceed 40 % of the EXW of the product; or    MaxNOM 30 % (EXW).    For exports from the EU to Mexico:    CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| –    Others | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8508 | CTH; or    MaxNOM 45 % (EXW). |
|  |  |
| 8509 – 8515 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8516 10 – 8516 80 | CTH; or    MaxNOM 45 % (EXW). |
|  |  |
| 8516 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8517 11 – 8517 69 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8517 70 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8518 10 – 8518 50 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8518 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8519 – 8521 | CTH except from heading 8522; or    MaxNOM 50 % (EXW). |
|  |  |
| 8522 – 8523 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8525 – 8528 | CTH except from heading 8529; or    MaxNOM 50 % (EXW). |
|  |  |
| 8529 – 8530 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8531 10 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8531 20 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8531 80 – 8531 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8532 10 – 8532 21 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8532 22 – 8532 24 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8532 25 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8532 29 – 8532 30 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8532 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8533 – 8534 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8535 – 8537 | CTH except from heading 8538; or    MaxNOM 50 % (EXW). |
|  |  |
| 8538 – 8539 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8540 11 – 8540 89 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8540 91 – 8540 99 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8541 10 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8541 21 – 8541 30 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8541 40 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8541 50 – 8541 60 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8541 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8542 31 – 8542 39 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8542 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8543 10 – 8543 30 | CTSH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8543 70 – 8543 90 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8544 – 8548 | MaxNOM 50 % (EXW). |
| SECTION XVII | VEHICLES, AIRCRAFT, VESSELS AND ASSOCIATED TRANSPORT EQUIPMENT |
| Chapter 86 | Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds |
|  |  |
| 8601 – 8609 | CTH except from heading 8607; or    MaxNOM 50 % (EXW). |
| Chapter 87 | Vehicles other than railway or tramway rolling stock, and parts and accessories thereof |
|  |  |
| 8701 – 8707 [131](#footnote131) |  |
|  |  |
| –    vehicles with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power ("plug-in hybrid");  –    vehicles with only electric motor for propulsion | For exports from Mexico to the EU:    MaxNOM 40 % (EXW).    For exports from the EU to Mexico:    MaxNOM 45 % (EXW). |
|  |  |
| –    Others | MaxNOM 45 % (EXW). |
|  |  |
| 8708 – 8711 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 8712 | MaxNOM 45 % (EXW). |
|  |  |
| 8713 – 8716 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 88 | Aircraft, spacecraft, and parts thereof |
|  |  |
| 8801 – 8805 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 89 | Ships, boats and floating structures |
|  |  |
| 8901 – 8908 | CC; or    MaxNOM 40 % (EXW). |
| SECTION XVIII | OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS AND WATCHES; MUSICAL INSTRUMENTS; PARTS AND ACCESSORIES THEREOF |
| Chapter 90 | Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof |
|  |  |
| 9001 – 9018 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 9019 10 | CTH except from heading 9033; or    MaxNOM 45 % (EXW). |
|  |  |
| 9019 20 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 9020 – 9033 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 91 | Clocks and watches and parts thereof |
|  |  |
| 9101 – 9114 | MaxNOM 50 % (EXW). |
| Chapter 92 | Musical instruments; parts and accessories of such articles |
|  |  |
| 9201 – 9209 | MaxNOM 50 % (EXW). |
| SECTION XIX | ARMS AND AMMUNITION; PARTS AND ACCESSORIES THEREOF |
| Chapter 93 | Arms and ammunition; parts and accessories thereof |
|  |  |
| 9301 – 9307 | MaxNOM 50 % (EXW). |
| SECTION XX | MISCELLANEOUS MANUFACTURED ARTICLES |
| Chapter 94 | Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated sign illuminated nameplates and the like; prefabricated buildings |
|  |  |
| 9401 – 9406 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 95 | Toys, games and sports requisites; parts and accessories thereof |
|  |  |
| 9503 – 9508 | CTH; or    MaxNOM 50 % (EXW). |
| Chapter 96 | Miscellaneous manufactured articles |
|  |  |
| 9601 – 9604 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 9605 | Each item in the set must satisfy the rule which would apply to it if it were not included in the set provided that non-originating articles may be incorporated according to Article 3.10 (Sets) and that their total value does not exceed 15 % of the EXW of the set. |
|  |  |
| 9606 – 9607 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 9608 10 – 9608 40 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 9608 50 | Each item in the set must satisfy the rule which would apply to it if it were not included in the set provided that non-originating articles may be incorporated according to Article 3.10 (Sets) and that their total value does not exceed 15 % of the EXW of the set. |
|  |  |
| 9608 60 – 9608 99 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 9609 – 9618 | CTH; or    MaxNOM 50 % (EXW). |
|  |  |
| 9619 | MaxNOM 50 % (EXW). |
| SECTION XXI | WORKS OF ART, COLLECTORS' PIECES AND ANTIQUES |
| Chapter 97 | Works of art, collectors' pieces and antiques |
|  |  |
| 9701 – 9716 | CC. |

  

SECTION C

SPECIAL ARRANGEMENTS ON PRODUCT SPECIFIC RULES

Definition

1.
   For the purpose of this Appendix, "year" means, with regard to the first year, the twelve‑month period from the date of entry into force of this Agreement and with regard to each subsequent year, the twelve-month period after the end of the previous year.

Temporary Arrangements for Mexican Exports to the European Union

2.
   The following product specific rules of origin shall apply to gasoline engines of a cylinder capacity equal to or greater than 1,8 L, classified in heading 8407:

(a)
   1st year to the end of 6th year = MaxNOM 55 % (EXW); and

(b)
   as from the beginning of 7th year = the product specific rules of Section B.

The temporary rule set out in this paragraph applies for the direct exports from Mexico to the European Union and also when incorporated as materials in gasoline vehicles of a cylinder capacity equal to or greater than 1,8 L, classified under subheadings 8703 23 and 8703 24.

  

3.
   The following product specific rules of origin shall apply to gasoline vehicles of a cylinder capacity equal to or greater than 1,8 L classified under subheadings 8703 23 and 8703 24:

(a)
   1st year to the end of 3rd year = MaxNOM 55 % (EXW);

(b)
   from the beginning of 4th year to the end of 6th year = MaxNOM 50 % (EXW); and

(c)
   from the beginning of 7th year = the product specific rules of Section B.

4.
   With regard to other vehicles classified under headings 8701, 8702, 8704 and 8705 the following product specific rules of origin shall apply for an aggregate annual quota of 10 000 units split into tractors of heading 8701 (2 500 units) and other vehicles of heading 8702, 8704 or 8705 (7 500 units):

(a)
   1st year to the end of 3rd year = MaxNOM 55 % (EXW);

(b)
   from the beginning of 4th year to the end of 6th year = MaxNOM 50 % (EXW); and

(c)
   from the beginning of 7th year = the product specific rules of Section B.

This quota shall be allocated by the European Union on a first come, first served basis.

  

5.
   The following product specific rules of origin shall apply to chassis fitted with engines for the motor vehicles of heading 8703, classified in heading 8706:

(a)
   1st year to the end of 3rd year = MaxNOM 55 % (EXW);

(b)
   From the beginning of 4th year to the end of 6th year = MaxNOM 50 % (EXW); and

(c)
   From the beginning of 7th year = the product specific rules of Section B.

The temporary rule set out in this paragraph shall apply for the direct exports from Mexico to the European Union and shall not apply to products classified in heading 8706 and its materials when incorporated in gasoline vehicles of a cylinder capacity equal to or greater than 1,8 L classified in subheadings 8703 23 and 8703 24.

Origin Quotas and Temporary Arrangements for European Union Exports to Mexico

6.
   The following product specific rules of origin shall apply for an aggregate annual quota of 1 600 tons to roasted coffee of heading 0901: production from materials of any heading.

This quota shall be allocated by Mexico.

Notwithstanding paragraph 1 of this Section, for roasted coffee of heading 0901 the years shall be defined in accordance with the provisions of paragraph 6 of Section A (General Provisions) of Annex 2-A (Tariff Elimination Schedule).

  

7.
   The following product specific rules of origin shall apply for an aggregate annual quota of 1 400 tons to coffee extracts and preparations of coffee of heading 2101: CTH.

This quota shall be allocated by Mexico.

Notwithstanding paragraph 1 of this Section, for coffee extracts and preparations of coffee of heading 2101 the years shall be defined in accordance with the provisions of paragraph 6 of Annex 2-A (Tariff Elimination Schedule).

Temporary Arrangements for EU Exports to Mexico

8.
   The following product specific rules of origin shall apply for the 1st year to the end of 3rd year to batteries of heading 8507: manufacture from materials of any heading, provided that the value of non-originating materials classified in the same heading as the product does not exceed 50 % of the ex-works price of the product.

The temporary rule set out in this paragraph applies for the direct exports from the EU to Mexico and also when incorporated as materials in vehicles of headings 87.01, 87.02, 87.03 and 87.04 with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power ("plug-in hybrid") as well as vehicles with only electric motor for the propulsion.

Enabling Clause for the European Union and Mexico

  

9.
   The Parties may agree that certain materials originating in a third country used in the production in a Party of a product of heading 8703 of the Harmonized System are considered as originating under this Agreement, provided that:

(a)
   each Party has a trade agreement in force that forms a free-trade area with that third country, within the meaning of Article XXIV of GATT 1994;

(b)
   an arrangement is in force between a Party and the third country on adequate administrative customs cooperation ensuring full implementation of Chapter 3 and that Party has notified the other Party of the arrangement; and

(c)
   the Parties reach agreement on any other applicable conditions.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 3-B

TEXT OF THE STATEMENT ON ORIGIN

A statement on origin, the text of which is set out below, shall be made out using one of the following language versions and in accordance with the law of the exporting Party. The statement on origin shall be made out in accordance with the respective footnotes. The footnotes do not have to be reproduced.

1.
   Bulgarian version

[…]

2.
   Spanish version

[…]

3.
   Czech version

[…]

4.
   Danish version

[…]

  

5.
   German version

[…]

6.
   Estonian version

[…]

7.
   Greek version

[…]

8.
   English version

(Period: from …………… to …………)(1)

The exporter of the products covered by this document (exporter reference No ……...(2)) declares that, except otherwise clearly indicated, these products are of ….……… preferential origin(3).

(Place and date)(4)

...……………………………………………………………………..............................................

(Name of the exporter and signature)(5)

...……………………………………………………………………..............................................

  

9.
   French version

[…]

10.
   Croatian version

[…]

11.
   Italian version

[…]

12.
   Latvian version

[…]

13.
   Lithuanian version

[…]

14.
   Hungarian version

[…]

15.
   Maltese version

[…]

  

16.
   Dutch version

[…]

17.
   Polish version

[…]

18.
   Portuguese version

[…]

19.
   Romanian version

[…]

20.
   Slovak version

[…]

21.
   Slovenian version

[…]

22.
   Finnish version

[…]

  

23.
   Swedish version

[…]

(1)
   If the statement on origin is completed for multiple shipments of identical originating products within the meaning of subparagraph 3.19.2(b), indicate the period for which the statement on origin will apply. The period shall not exceed 12 months. All importations of the product must occur within the period indicated. If a period is not applicable, the field can be left blank.

(2)
   If the exporter has not been assigned a number for a consignment less than 6 000 EUR in accordance with Article 3.18.3, this field may be left blank. When the statement on origin is made out by an exporter registered within the meaning of Article 3.18.2, the number of the exporter must be entered in this space.

(3)
   Indicate either the European Union or Mexico as origin of the product.

(4)
   Place and date may be omitted if the information is contained on the document itself.

(5)
   The signature is not required if the conditions of Article 3.18.5 are fulfilled.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 3-C

THE PRINCIPALITY OF ANDORRA AND THE REPUBLIC OF SAN MARINO

1.
   Mexico shall accept originating goods of the Principality of Andorra classified within Chapters 25 to 97 of the Harmonized System with the same preferential tariff treatment which it applies to goods imported from and originating in the European Union, as long as the customs union established by the agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra
[132](#footnote132)
 remains in force.

2.
   Goods originating in Mexico classified within Chapters 25 to 97 of the Harmonized System shall benefit from the same preferential tariff treatment when imported into Andorra as they receive when imported into the European Union, as long as the customs union established by the agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra1 remains in force.

3.
   Mexico shall accept goods originating in the Republic of San Marino classified within Chapters 1 to 97 of the Harmonized System with the same preferential tariff treatment which it applies to goods imported from and originating in the European Union, as long as the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, done at Brussels on 16 December 1991,
[133](#footnote133)
 remains in force.

4.
   Goods originating in Mexico classified within Chapters 1 to 97 of the Harmonized System shall benefit from the same preferential tariff treatment when imported into San Marino as they receive when imported into the European Union, as long as the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, done at Brussels on 16 December 1991,2 remains in force.

5.
   Chapter 3 (Rules of Origin and Origin Procedures) applies mutatis mutandis to the trade of goods referred to in paragraphs 1 to 4.

6.
   The exporter shall enter "Mexico", "Andorra" or "San Marino" in field 3 of the text of the statement on origin, depending on the origin of goods.

7.
   The European Union shall notify Mexico the addresses and contact information of the customs authorities responsible for verifying the statements on origin in the Principality of Andorra and the Republic of San Marino.

8.
   If the competent governmental authority of the Principality of Andorra or the Republic of San Marino does not comply with the provisions of Chapter 3, Mexico may take the case to the Sub‑Committee on Customs, Trade Facilitation and Rules of Origin established by Article 33.4.1(d) (Sub-Committees and Other Bodies), in order to determine appropriate measures for resolving the issue.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 3-D

EXPLANATORY NOTES

Article 3.14 (Non Alteration)

1.
   If the exporter did not know the final destination of specific goods included in the consignment at the time of export, the importer shall present a statement on origin issued after the exportation.

2.
   The importer may prove that the goods which were in transit through the territory of a third country (with or without trans-shipment or temporary storage) were under the surveillance of the customs authorities of such territories. On request of the customs authorities of the importing Party, the importer has to present the following documentation:

(a)
   transport documents, such as airway bill, bill of lading or road consignment note, as the case may be, that records the date and place of shipment of the goods and the port, the airport or point of entry at the final destination, if the goods were in transit through the territory of one or more third countries without trans-shipment or temporary storage;

(b)
   transport documents, such as airway bill, bill of lading or road consignment note, as the case may be, or the combined transport document, if the goods were in transit through the territory of one or more third countries, with trans-shipment in such territories and not being subject to temporary storage; or

  

(c)
   a copy of the documents that provide evidence that the goods remained under surveillance of the customs authority where the goods that were in transit through the territory of one or more third countries were subject to trans-shipment and temporary storage.

3.
   In the absence of any of the documents referred to in paragraph 2, the importer may provide any other supporting document.

Article 3.18 (Conditions for Making Out a Statement on Origin)

4.
   Statements on origin have to be made out by an exporter established in the territory of one of the Parties. If the invoice is made out in a third country, the statement on origin shall be made out on any other commercial document
[134](#footnote134)
 issued in the territory of the exporting Party, which describes the goods concerned in sufficient detail to enable them to be identified as originating in accordance with Chapter 3 (Rules on Origin and Origin Procedures). In such a case, the exporter of the goods must be identified on the document on which the statement on origin is made out.

5.
   The wording of the statement on origin shall be in accordance with the wording set out in Annex 3-B (Text of the Statement on Origin).

6.
   The statement on origin should not contain an indication of non-originating goods which are not covered by the statement on origin. Such indication should appear on the invoice in a precise way to avoid any misunderstandings.

7.
   Statements on origin made out on photocopied invoices or commercial documents are acceptable provided such statements bear the signature of the exporter under the same conditions as the original.

8.
   A statement on origin made out on the reverse of the invoice or commercial document is acceptable.

9.
   A statement on origin made out on a separate sheet of the invoice is acceptable provided that the sheet is obviously part of the invoice. A complementary form may not be used.

10.
   A statement on origin made out on a label, which is subsequently attached to the invoice is acceptable provided there is no doubt that the label has been affixed by the exporter. For example, the exporter's signature covers both the label and the invoice.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 6-A

COMPETENT AUTHORITIES

1.
   For the purposes of Chapter 6 (Sanitary and Phytosanitary Measures), the following authorities, or their successors, are the competent authorities referred to in subparagraph 1(a) of Article 6.1 (Definitions):

(a)
   for the European Union control is shared between the authorities of the Member States and the European Commission as follows:

(i)
   as regards exports to Mexico, the authorities of the Member States are responsible for control of the production circumstances and requirements, including statutory inspections or audits and issuing health and animal welfare certifications attesting to the agreed standards and requirements;

(ii)
   as regards imports from Mexico, the authorities of the Member States are responsible for control of the compliance of the imports with the import conditions of the European Union; and

(iii)
   the European Commission is responsible for the overall co-ordination, inspection or audits of control systems and the necessary measures, including legislative action to ensure uniform application of standards and requirements within the European Union; and

  

(b)
   for Mexico:

(i)
   General Directorate of Agrifood Safety, Aquaculture and Fisheries of the National Service of Food and Agriculture Health, Safety, and Quality (SENASICA) (Dirección General de Inocuidad Agroalimentaria, Acuícola y Pesquera del Servicio Nacional de Sanidad, Inocuidad y Calidad Agroalimentaria (SENASICA));

(ii)
   General Directorate of Animal Health of the National Service of Food and Agriculture Health, Safety, and Quality (SENASICA) (Dirección General de Salud Animal del Servicio Nacional de Sanidad, Inocuidad y Calidad Agroalimentaria (SENASICA));

(iii)
   General Directorate of Plant Health of the National Service of Food and Agriculture Health, Safety, and Quality (SENASICA) (Dirección General de Sanidad Vegetal del Servicio Nacional de Sanidad, Inocuidad y Calidad Agroalimentaria (SENASICA));

(iv)
   Commission of Sanitary Enforcement – Federal Commission for Protection against Sanitary Risk (COFEPRIS) (Comisión de Operación Sanitaria- Comisión Federal para la Protección contra Riesgos Sanitarios (COFEPRIS));

(v)
   Commission of Evidence and Risk Management – Federal Commission for Protection against Sanitary Risk (COFEPRIS) (Comisión de Evidencia y Manejo de Riesgos- Comisión Federal para la Protección contra Riesgos Sanitarios (COFEPRIS));

  

(vi)
   General Coordination of the Federal Sanitary System – Federal Commission for Protection against Sanitary Risks (COFEPRIS) (Coordinación General del Sistema Federal Sanitario- Comisión Federal para la Protección contra Riesgos Sanitarios (COFEPRIS)); and

(vii)
   General Direction of Forest and Soil Management of the Ministry of Environment and Natural Resources (SEMARNAT) (Dirección General de Gestión Forestal y de Suelos de la Secretaría de Medio Ambiente y Recursos Naturales (SEMARNAT)).

2.
   The Parties shall notify each other any change of the competent authorities. The Trade Council shall regularly update this Annex by decision.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 9-A

STANDARDS DEVELOPED BY INTERNATIONAL ORGANISATIONS

1.
   International Organisation for Standardisation (ISO)

2.
   International Electrotechnical Commission (IEC)

3.
   International Telecommunication Union (ITU)

4.
   Codex Alimentarius Commission

5.
   International Civil Aviation Organisation (ICAO)

6.
   United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UN/SCEGHS)

7.
   International Council on Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH)

8.
   International Maritime Organisation (IMO)

9.
   International Organisation of Legal Metrology (OIML)

  

10.
   Universal Postal Union (UPU)

11.
   World Organisation for Animal Health (WOAH)

12.
   International Labour Organisation (ILO)

13.
   Bureau International des Poids et Mesures (BIPM)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 12-A

FAMILY MEMBERS OF INTRA-CORPORATE TRANSFEREES

1.
   The European Union shall extend to family members of a Mexican citizen who is an intra-corporate transferee to the European Union, the right of entry and temporary stay granted to family members of intra-corporate transferees under Article 19 of Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third‑country nationals in the framework of an intra-corporate transfer
[135](#footnote135)
.
[136](#footnote136)

2.
   Mexico shall extend to family members of a citizen of the European Union who is an intra-corporate transferee to Mexico, the right of entry and temporary stay granted to family members of intra-corporate transferees under Article 52 of the Ley de Migración (Migration Act)
[137](#footnote137)
.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 14-A

GUIDELINES FOR MUTUAL RECOGNITION AGREEMENTS

SECTION A

General Provisions

Introduction

1.
   This Annex contains guidelines to facilitate the negotiation of Mutual Recognition Agreements (hereinafter referred to as "MRAs") by the Parties and the development of joint recommendations by the relevant professional bodies or authorities, respectively, with respect to regulated professions. These guidelines are non‑binding and they do not modify or affect the rights and obligations of the Parties under this Agreement.

Definitions

2.
   For the purposes of this Annex:

(a)
   "adaptation period" means a period of supervised practice, possibly accompanied by further training, of a regulated profession in the host jurisdiction under the responsibility of a qualified person and subject to an assessment;
[138](#footnote138)

  

(b)
   "aptitude test" means a test limited to the professional knowledge of applicants, made by the relevant authorities of the host jurisdiction with the aim of assessing the ability of applicants to pursue a regulated profession in that jurisdiction; and

(c)
   "scope of practice" means an activity or group of activities covered by a regulated profession.

SECTION B

Form and Content of the MRA

1.
   This Section sets out various issues that may be addressed in a negotiation and, if so agreed, included in a final MRA. It outlines elements that might be required of professionals of the other Party seeking to benefit from an MRA.

Participants

2.
   The parties to the MRA should be clearly stated.

Purpose of the MRA

3.
   The purpose of the MRA should be clearly stated.

  

Scope of the MRA

4.
   The MRA should clearly set out:

(a)
   the scope of the MRA, in terms of the specific professional titles and activities which it covers;

(b)
   who is entitled to use the professional titles concerned;

(c)
   whether the recognition mechanism is based on formal qualifications, a licence obtained in the jurisdiction of origin, or on some other requirement; and

(d)
   whether the MRA allows permanent or temporary access to the profession concerned.

Mutual Recognition Provisions

5.
   The MRA should clearly specify the conditions to be met for the recognition of qualifications in each jurisdiction and the level of equivalence agreed.

6.
   Different sets of requirements could be considered for permanent and for temporary project‑based access to the profession concerned.

  

Mechanisms for Implementation

7.
   The MRA should state:

(a)
   the rules and procedures to be used to monitor and enforce the provisions of the MRA;

(b)
   the mechanisms for dialogue and administrative cooperation between the parties to the MRA; and

(c)
   the means for individual applicants to address any matters arising from the interpretation or implementation of the MRA.

8.
   As a guide to the treatment of individual applicants, the MRA should include details on:

(a)
   the point of contact for information on all issues relevant to the application, for example, the name and address of the relevant authorities, licensing formalities and information on additional requirements which need to be met in the host jurisdiction;

(b)
   the duration of the procedures for the processing of applications by the relevant authorities of the host jurisdiction;

(c)
   the documentation required of applicants and the form in which it should be presented;

  

(d)
   acceptance of documents and certificates issued in the home jurisdiction in relation to qualifications and licensing; and

(e)
   the procedures of appeal to or review by the relevant authorities.

9.
   The MRA should also include the commitments from the relevant authorities that:

(a)
   requests about the licensing and qualification requirements and procedures will be promptly dealt with;

(b)
   adequate time will be provided for applicants to complete the requirements of the application process and of any appeal to or review by the relevant authorities;

(c)
   exams or tests will be arranged with reasonable frequency;

(d)
   fees for applicants seeking to take advantage of the terms of the MRA will be commensurate with the costs incurred by the host jurisdiction; and

(e)
   information will be supplied on any assistance programmes in the host jurisdiction for practical training, and any commitments of the host jurisdiction in that context.

Licensing and Other Provisions in the Host Jurisdiction

10.
   If applicable, the MRA should also set out the means by which, and the conditions under which, a licence is obtained following the determination of eligibility and what a licence entails, for example, a licence and its contents, membership of a professional body or use of professional or academic titles. Any licensing requirements other than qualifications should be explained, including requirements relating to:

(a)
   having an office address, maintaining an establishment or being a resident;

(b)
   language skills;

(c)
   proof of good character;

(d)
   professional indemnity insurance;

(e)
   compliance with host jurisdiction's requirements for use of trade or firm names; and

(f)
   compliance with host jurisdiction ethics, for example, independence and good conduct.

  

11.
   To ensure transparency, the MRA should include the following details for each host jurisdiction:

(a)
   the relevant law to be applied, for example, regarding disciplinary action, financial responsibility or liability;

(b)
   the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and any consequential effects on practicing professional activities;

(c)
   the means for the ongoing verification of competence; and

(d)
   the criteria for, and procedures relating to, revocation of the registration.

Revision of the MRA

12.
   If the MRA includes terms under which it can be reviewed or revoked, the details thereof should be clearly stated.

Transparency

13.
   The Parties should:

(a)
   make publicly available the text of MRAs which have been concluded; and

  

(b)
   notify each other of any modifications to qualifications that may affect the application or implementation of an MRA and, if possible, be given an opportunity to comment on the modifications of the other Party.

SECTION C

Four‑Step Process for the Recognition of Qualifications

14.
   The following four‑step process should be considered to simplify and facilitate the recognition of the qualifications.

Step One: Verification of Equivalency

15.
   The negotiating entities should verify the overall equivalence of the scope of practice or qualifications of the regulated profession in their respective jurisdictions.

16.
   The examination of qualifications should include the collection of all relevant information pertaining to the scope of practice rights related to a legal competency to practice or to the qualifications required for a specific regulated profession in the respective jurisdictions.

  

17.
   The negotiating entities should:

(a)
   identify activities or groups of activities covered by the scope of practice rights of the regulated profession; and

(b)
   identify the qualifications required in each jurisdiction, which may include the following elements:

(i)
   the minimum level of education required, for example, entry requirements, length of study and subjects studied;

(ii)
   the minimum level of experience required, for example, location, length and conditions of practical training or supervised professional practice prior to licensing, or the framework of ethical and disciplinary standards;

(iii)
   examinations passed, especially examinations of professional competency;

(iv)
   the extent to which qualifications from one jurisdiction are recognised in the other jurisdiction; and

  

(v)
   the qualifications which the relevant authorities in each jurisdiction are prepared to recognise, for instance, by listing particular diplomas or certificates issued, or by reference to particular minimum requirements to be certified by the relevant authorities of the jurisdiction of origin, including whether the possession of a certain level of qualification would allow recognition for some activities of the scope of practice but not others such as level and length of education, major educational focuses and overall subjects and areas.

18.
   There is an overall equivalence between the scope of practice rights or the qualifications of the regulated profession if there are no substantial differences in this regard between jurisdictions.

Step Two: Evaluation of Substantial Differences

19.
   Substantial differences in the scope of qualifications required to practice a regulated profession exist, in cases of:

(a)
   important differences in the essential knowledge; or

(b)
   significant differences in the duration or content of the training between the jurisdictions.

20.
   Substantial differences in the scope of practice exist if:

(a)
   one or more professional activities do not form part of the corresponding profession in the jurisdiction of origin;

(b)
   those activities are subject to specific training in the host jurisdiction; and

(c)
   the training for those activities in the host jurisdiction covers substantially different matters from those covered by the applicant's qualification.

Step Three: Equivalence Measures

21.
   If the negotiating entities determine that substantial differences exist in the scope of practice rights or of qualifications between the jurisdictions, they may determine equivalence measures to reduce those differences.

22.
   Equivalence measures may take the form of, among other things, an adaptation period or, if required, an aptitude test.

23.
   Equivalence measures should be proportionate to the substantial differences which they seek to address. The negotiating entities should also evaluate any practical professional experience obtained in the jurisdiction of origin to see whether this experience is sufficient to remedy, in whole or in part, the substantial differences in the scope of practice rights or qualifications between the jurisdictions, prior to determining a equivalence measure.

  

Step Four: Identification of the Conditions for Recognition

24.
   Once the assessment of the overall equivalency of the scope of practice rights or qualifications of the regulated profession is completed, the negotiating entities should specify in the MRA:

(a)
   the legal competency required to practice the regulated profession;

(b)
   the qualifications for the regulated profession;

(c)
   whether equivalence measures are necessary;

(d)
   the extent to which professional experience may compensate for substantial differences; and

(e)
   a description of any equivalence measures, including the use of any adaptation period or aptitude test.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

:   [(1)](#footnoteref1)
       Except for tariff lines 2208 90 91, 2208 90 99.
:   [(2)](#footnoteref2)
       Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ EU L 39, 13.2.2008, p. 16).
:   [(3)](#footnoteref3)
       Other than for the production of products classified under heading 2208.
:   [(4)](#footnoteref4)
       The Parties understand that any determination by a panel or the Appellate Body under the WTO regarding a measure covered by this Annex should be reflected therein.
:   [(5)](#footnoteref5)
       OJ EU L 347, 20.12.2013, p. 671.
:   [(6)](#footnoteref6)
       OJ EU L 193, 24.7.2009, p. 1.
:   [(7)](#footnoteref7)
       OJ EU L 9, 11.1.2019, p. 2.
:   [(8)](#footnoteref8)
       OJ EU L 347, 20.12.2013, p. 671.
:   [(9)](#footnoteref9)
       OJ EU L 193, 24.7.2009, p. 1.
:   [(10)](#footnoteref10)
       For greater certainty, nothing in this paragraph shall be construed as preventing a Party from also permitting the acceptance on its market of new motor vehicles or new motor vehicle equipment certified in accordance with safety and emission standards of a third country or from requiring certification of compliance with any existing motor vehicle safety and emission standards that a Party maintains on the date of entry into force of this Agreement.
:   [(11)](#footnoteref11)
       References to repealed directives or regulations shall be understood as references to the directives or regulations that succeeded them, as long as their scope and substance is equivalent to the latter directives or regulations, except in the case of emission regulations for which Mexico only accepts those referred to in this list.
:   [(12)](#footnoteref12)
       See Section C.
:   [(13)](#footnoteref13)
       See Section C.
:   [(14)](#footnoteref14)

       For definitions of processing rules within this Section, see Note 8 of Section A.
:   [(15)](#footnoteref15)
       For definitions of processing rules within this Section, see Note 8 of Section A.
:   [(16)](#footnoteref16)
       Precursor active cathode material (PCAM) is a chemical element, which is a precursor material to the active cathode material.
:   [(17)](#footnoteref17)
       Active cathode materials (CAM) of rechargeable batteries are chemical materials and any subsequent products, which have reached the stage at which they can react chemically to produce electric energy when the battery cell is being discharged and form the positive electrode in the battery cell. The active cathode material is used in battery cell production to produce a cathode.
:   [(18)](#footnoteref18)
       Precursor active cathode material (PCAM) is a chemical element, which is a precursor material to the active cathode material.
:   [(19)](#footnoteref19)
       Active cathode materials (CAM) of rechargeable batteries are chemical materials and any subsequent products, which have reached the stage at which they can react chemically to produce electric energy when a battery cell is being discharged and form the positive electrode in the battery cell. The active cathode material is used in battery cell production to produce a cathode.
:   [(20)](#footnoteref20)
       Cathode slurry is a mixture of active cathode material, conductive additives, binders and solvents, intended to be coated onto a current collector to get the cathode in its final form, which serves as a functional electrode in a battery cell.
:   [(21)](#footnoteref21)
       For definitions of processing rules within this Section, see Note 8 of Section A.
:   [(22)](#footnoteref22)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(23)](#footnoteref23)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(24)](#footnoteref24)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(25)](#footnoteref25)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(26)](#footnoteref26)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(27)](#footnoteref27)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(28)](#footnoteref28)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(29)](#footnoteref29)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(30)](#footnoteref30)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(31)](#footnoteref31)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(32)](#footnoteref32)
       The printing rule shall apply only to exports from the European Union to Mexico for an aggregate annual quota of 2 000 000 m2. This quota shall be allocated by Mexico on a first come, first served basis.
:   [(33)](#footnoteref33)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(34)](#footnoteref34)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(35)](#footnoteref35)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(36)](#footnoteref36)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(37)](#footnoteref37)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(38)](#footnoteref38)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(39)](#footnoteref39)
       The printing rule shall apply only to exports from the European Union to Mexico for an aggregate annual quota of 3 500 000 m2. This quota shall be allocated by Mexico on a first come, first served basis.
:   [(40)](#footnoteref40)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(41)](#footnoteref41)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(42)](#footnoteref42)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(43)](#footnoteref43)
       The printing rule shall apply only to exports from the European Union to Mexico for an aggregate annual quota of 2 000 000 m2. This quota shall be allocated by Mexico on a first come, first served basis.
:   [(44)](#footnoteref44)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(45)](#footnoteref45)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(46)](#footnoteref46)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(47)](#footnoteref47)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(48)](#footnoteref48)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(49)](#footnoteref49)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(50)](#footnoteref50)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(51)](#footnoteref51)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(52)](#footnoteref52)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(53)](#footnoteref53)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(54)](#footnoteref54)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(55)](#footnoteref55)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(56)](#footnoteref56)
       The printing rule shall apply only to exports from the European Union to Mexico for an aggregate annual quota of 500 000 m2. This quota shall be allocated by Mexico on a first come, first served basis.
:   [(57)](#footnoteref57)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(58)](#footnoteref58)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(59)](#footnoteref59)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(60)](#footnoteref60)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(61)](#footnoteref61)
       The printing rule applies only to exports from the European Union to Mexico for an aggregate annual quota of 500 000 m2. This quota shall be allocated by Mexico on a first-come first‑served basis.
:   [(62)](#footnoteref62)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(63)](#footnoteref63)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(64)](#footnoteref64)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(65)](#footnoteref65)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(66)](#footnoteref66)
       The printing rule shall apply only to exports from the European Union to Mexico for an aggregate annual quota of 500 000 m2. This quota shall be allocated by Mexico on a first come, first served basis.
:   [(67)](#footnoteref67)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(68)](#footnoteref68)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(69)](#footnoteref69)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(70)](#footnoteref70)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(71)](#footnoteref71)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(72)](#footnoteref72)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(73)](#footnoteref73)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(74)](#footnoteref74)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(75)](#footnoteref75)
       See Note 6 of Section A.
:   [(76)](#footnoteref76)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(77)](#footnoteref77)
       See Note 6 of Section A.
:   [(78)](#footnoteref78)
       See Note 6 of Section A.
:   [(79)](#footnoteref79)
       See Note 6 of Section A.
:   [(80)](#footnoteref80)
       See Note 6 of Section A.
:   [(81)](#footnoteref81)
       See Note 6 of Section A.
:   [(82)](#footnoteref82)
       See Note 6 of Section A.
:   [(83)](#footnoteref83)
       See Note 6 of Section A.
:   [(84)](#footnoteref84)
       See Note 6 of Section A.
:   [(85)](#footnoteref85)
       See Note 6 of Section A.
:   [(86)](#footnoteref86)
       See Note 6 of Section A.
:   [(87)](#footnoteref87)
       See Note 6 of Section A.
:   [(88)](#footnoteref88)
       See Note 6 of Section A.
:   [(89)](#footnoteref89)
       See Note 6 of Section A.
:   [(90)](#footnoteref90)
       See Note 6 of Section A.
:   [(91)](#footnoteref91)
       See Note 6 of Section A.
:   [(92)](#footnoteref92)
       See Note 6 of Section A.
:   [(93)](#footnoteref93)
       See Note 6 of Section A.
:   [(94)](#footnoteref94)
       See Note 6 of Section A.
:   [(95)](#footnoteref95)
       See Note 6 of Section A.
:   [(96)](#footnoteref96)
       See Note 6 of Section A.
:   [(97)](#footnoteref97)
       See Note 6 of Section A.
:   [(98)](#footnoteref98)
       See Note 6 of Section A.
:   [(99)](#footnoteref99)
       See Note 6 of Section A.
:   [(100)](#footnoteref100)
       See Note 6 of Section A.
:   [(101)](#footnoteref101)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(102)](#footnoteref102)
       See Note 6 of Section A.
:   [(103)](#footnoteref103)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(104)](#footnoteref104)
       See Note 6 of Section A.
:   [(105)](#footnoteref105)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(106)](#footnoteref106)
       See Note 6 of Section A.
:   [(107)](#footnoteref107)
       See Note 6 of Section A.
:   [(108)](#footnoteref108)
       See Note 6 of Section A.
:   [(109)](#footnoteref109)
       See Note 6 of Section A.
:   [(110)](#footnoteref110)
       See Note 6 of Section A.
:   [(111)](#footnoteref111)
       See Note 6 of Section A.
:   [(112)](#footnoteref112)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(113)](#footnoteref113)
       See Note 6 of Section A.
:   [(114)](#footnoteref114)
       See Note 6 of Section A.
:   [(115)](#footnoteref115)
       See Note 6 of Section A.
:   [(116)](#footnoteref116)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(117)](#footnoteref117)
       See Note 6 of Section A.
:   [(118)](#footnoteref118)
       For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembly pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Note 6 of Section A.
:   [(119)](#footnoteref119)
       See Note 6 of Section A.
:   [(120)](#footnoteref120)
       For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembly pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Note 6 of Section A.
:   [(121)](#footnoteref121)
       For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembly pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Note 6 of Section A.
:   [(122)](#footnoteref122)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(123)](#footnoteref123)
       See Note 6 of Section A.
:   [(124)](#footnoteref124)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(125)](#footnoteref125)
       See Note 6 of Section A.
:   [(126)](#footnoteref126)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(127)](#footnoteref127)
       See Note 6 of Section A.
:   [(128)](#footnoteref128)
       For special conditions relating to products made of a mixture of textile materials, see Note 5 of Section A.
:   [(129)](#footnoteref129)
       See Section C.
:   [(130)](#footnoteref130)
       See Section C.
:   [(131)](#footnoteref131)
       See Section C.
:   [(132)](#footnoteref132)
       Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra (OJ EU L 374, 31.12.1990, p. 14).
:   [(133)](#footnoteref133)
       OJ EU L 84, 28.3.2002, p. 43.
:   [(134)](#footnoteref134)
       Those commercial documents are for instance the delivery note or packing list which accompany the goods.
:   [(135)](#footnoteref135)
       OJ EU L 157, 27.5.2014, p. 1.
:   [(136)](#footnoteref136)
       For greater certainty, this paragraph does not apply for the Member States of the European Union that are not subject to the application of the Directive 2014/66/EU.
:   [(137)](#footnoteref137)
       Published in the Diario Oficial de la Federación (Official Journal) on 25 May 2011.
:   [(138)](#footnoteref138)
       The detailed rules governing the adaptation period, its assessment and the professional status of the person under supervision shall be set out, as appropriate, in the host jurisdiction's law.

[Top](#document4)

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.9.2025

COM(2025) 812 final

ANNEX

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

ANNEX 18-A

CROSS-BORDER TRADE IN FINANCIAL SERVICES

SECTION A

Commitments of the European Union

1.
   Regarding insurance and insurance related services the European Union shall apply paragraphs 1 and 6 of Article 18.7 (Cross Border Trade in Financial Services) to the cross-border supply of financial services specified in subparagraph (b)(i) of Article 18.1:

(a)
   in all Member States other than Estonia, Cyprus, Latvia, Lithuania, Malta and Poland with respect to:

(i)
   direct insurance services (including co-insurance) and direct insurance intermediation for the insurance of risks relating to:

(1)
   maritime transport, commercial aviation, and space launching and freight (including satellites), with such insurance to cover the goods being transported, the vehicle transporting the goods or any liability deriving therefrom; and

(2)
   goods in international transit;

(ii)
   reinsurance and retrocession; and

(iii)
   services auxiliary to insurance;

(b)
   in Estonia with respect to:

(i)
   direct insurance (including co-insurance);

(ii)
   reinsurance and retrocession;

(iii)
   insurance intermediation; and

(iv)
   services auxiliary to insurance;

(c)
   in Cyprus with respect to:

(i)
   direct insurance services (including co-insurance) for the insurance of risks relating to:

(1)
   maritime transport, commercial aviation, and space launching and freight (including satellites), with such insurance to cover the goods being transported, the vehicle transporting the goods or any liability deriving therefrom; and

(2)
   goods in international transit;

  

(ii)
   insurance intermediation;

(iii)
   reinsurance and retrocession; and

(iv)
   services auxiliary to insurance;

(d)
   in Latvia, Lithuania and Malta with respect to:

(i)
   direct insurance services (including co-insurance) for the insurance of risks relating to:

(1)
   maritime transport, commercial aviation, and space launching and freight (including satellites), with such insurance to cover the goods being transported, the vehicle transporting the goods or any liability deriving therefrom; and

(2)
   goods in international transit;

(ii)
   reinsurance and retrocession; and

(iii)
   services auxiliary to insurance; and

(e)
   in Poland with respect to:

(i)
   direct insurance services (including co-insurance) for the insurance of risks relating to goods in international trade; and

  

(ii)
   reinsurance and retrocession of risks relating to goods in international trade.

2.
   Paragraph 1 is subject to the following limitations:

(a)
   in Bulgaria: transport insurance covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Bulgaria may not be directly underwritten by foreign insurance companies;

(b)
   in Denmark: no natural persons or enterprises (including insurance companies) may, for business purposes, assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed under Danish law or by the Danish competent authorities;

(c)
   in France: the insurance of risks relating to ground transport may be underwritten only by insurance firms established in the European Union;

(d)
   in Italy:

(i)
   transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the European Union, except for international transport regarding imports into Italy; and

  

(ii)
   for actuarial services the establishment of the financial service supplier is required and the cross-border supply prohibited;

(iii)
   for the practice of the actuarial profession the nationality of a Member State is required, except for professionals of third countries who may be allowed to practice based on reciprocity;

(e)
   in Austria: promotional activity and intermediation on behalf of a subsidiary not established in the European Union or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited;

(f)
   in Portugal: air and maritime transport insurance, covering goods, aircraft, hull and liability can be underwritten only by financial service suppliers established in the European Union and only persons or enterprises established in the European Union may act as intermediaries for such insurance business in Portugal; and

(g)
   in Sweden: the supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or the companies have an agreement of cooperation between them.

  

3.
   Regarding banking and other financial services (excluding insurance), the European Union shall apply paragraphs 1 and 6 of Article 18.7 (Cross Border Trade in Financial Services) to the cross-border supply of financial services specified in subparagraph (b)(i) of Article 18.1 (Definitions):

(a)
   in the European Union, with the exception of Belgium, Estonia, Cyprus, Latvia, Lithuania, Malta, Romania and Slovenia, with respect to:

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

(ii)
   advisory and other auxiliary financial services relating to banking and other financial services as referred to in subparagraph (e)(ii)(L) of Article 18.1 (Definitions) excluding intermediation;

(b)
   in Estonia and Lithuania with respect to:

(i)
   acceptance of deposits;

(ii)
   lending of all types;

(iii)
   financial leasing;

  

(iv)
   all payment and money transmission services; guarantees and commitments;

(v)
   trading for own account or for account of customers, whether on an exchange, in an over-the-counter market;

(vi)
   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;

(vii)
   money broking;

(viii)
   asset management, such as cash or portfolio management, all forms of collective investment management, custodial, depository and trust services;

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

(x)
   provision and transfer of financial information, and financial data processing and related software; and

(xi)
   advisory and other auxiliary financial services relating to banking and other financial services as referred to in in subparagraph (e)(ii)(L) of Article 18.1 (Definitions), excluding intermediation;

(c)
   in Belgium: with respect to the provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;

(d)
   in Cyprus with respect to:

(i)
   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;

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

(iii)
   advisory and other auxiliary financial services, relating to banking and other financial services as referred to in subparagraph (e)(ii)(L) of Article 18.1 (Definitions), excluding intermediation;

(e)
   in Latvia with respect to:

(i)
   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;

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

  

(iii)
   advisory and other auxiliary financial services relating to banking and other financial services as referred to in subparagraph (e)(ii)(L) of Article 18.1 (Definitions) excluding intermediation;

(f)
   in Malta with respect to:

(i)
   the acceptance of deposits;

(ii)
   lending of all types;

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

(iv)
   advisory and other auxiliary financial services relating to banking and other financial services as referred to in subparagraph (e)(ii)(L) of Article 18.1 (Definitions) excluding intermediation;

(g)
   in Romania with respect to:

(i)
   acceptance of deposits;

(ii)
   lending of all types;

(iii)
   guarantees and commitments;

  

(iv)
   money broking;

(v)
   provision and transfer of financial information, and financial data processing and related software; and

(vi)
   advisory and other auxiliary financial services relating to banking and other financial services as referred to in subparagraph (e)(ii)(L) of Article 18.1 (Definitions) excluding intermediation; and

(h)
   in Slovenia with respect to:

(i)
   lending of all types;

(ii)
   the acceptance of guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors;

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

(iv)
   advisory and other auxiliary financial services relating to banking and other financial services as referred to in subparagraph (e)(ii)(L) of Article 18.1 (Definitions) except intermediation.

  

SECTION B

CommitmentS of Mexico

1.
   Regarding insurance and insurance related services, Mexico shall apply paragraphs 1 and 6 of Article 18.7 (Cross-Border Trade in Financial Services) to the cross-border supply of financial services specified in subparagraph (b)(i) of Article 18.1 (Definitions) with respect to:

(a)
   insurance of risks relating to:

(i)
   maritime shipping, commercial aviation, and space launching and freight (including satellites), with such insurance to cover all or any of the following:

(1)
   the goods being transported; and

(2)
   the vehicle transporting the goods, when such vehicles have foreign registration or are property of persons domiciled abroad; and

(ii)
   goods in international transit;

(b)
   any other insurance of risks, if the person seeking to purchase the insurance demonstrates that none of the insurance companies authorised to operate in Mexico is able or deems convenient to enter into such insurance proposed to it;

(c)
   reinsurance and retrocession; and

  

(d)
   insurance intermediation, as referred to in subparagraph (e)(i)(C) of Article 18.1 (Definitions), and services auxiliary to insurance, as referred to in subparagraph (e)(i)(D) of Article 18.1 (Definitions), only in respect of insurance services referred to in subparagraphs (a) to (c).

2.
   Regarding banking and other financial services (excluding insurance), Mexico shall apply paragraphs 1 and 6 of Article 18.7 (Cross-Border Trade in Financial Services) to the cross-border supply of financial services specified in subparagraph (b)(i) of Article 18.1 (Definitions) with respect to:

(a)
   the provision and transfer of financial information, and financial data processing and related software, as referred to in subparagraph (e)(ii)(K) of Article 18.1 (Definitions), subject to prior authorisation by the relevant regulator, as required;
[1](#footnote1)
 and

(b)
   advisory and other auxiliary services,
[2](#footnote2)
 excluding intermediation, and credit reference and analysis relating to banking and other financial services, as referred to in subparagraph (e)(ii)(L) of Article 18.1 (Definitions).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Annex 21-A

COVERED PROCUREMENT OF THE EUROPEAN UNION

SECTION A

CENTRAL GOVERNMENT ENTITIES

Unless otherwise provided for in this Annex and subject to the Notes to this Section and the General Notes in Section H, Chapter 21 (Public Procurement) applies to the procuring entities of the European Union and the contracting authorities of its Member States listed in this Section, if the value of the supplies is equal to or exceeds the following thresholds:

(a)
   130 000 Special Drawing Rights (SDR) for goods specified in Section D and services specified in Section E; and

(b)
   5 000 000 SDR for construction services specified in Section F and works concessions specified in Section G.

1.
   EUROPEAN UNION ENTITIES

(a)
   The Council of the European Union

  

(b)
   The European Commission

(c)
   The European External Action Service (EEAS)

2.
   CONTRACTING AUTHORITIES OF MEMBER STATES

BELGIUM

A
   Services publics fédéraux – Federale Overheidsdiensten:

1.
   SPF Chancellerie du Premier Ministre – FOD Kanselarij van de Eerste Minister

2.
   SPF Personnel et Organisation – FOD Kanselarij Personeel en Organisatie

3.
   SPF Budget et Contrôle de la Gestion – FOD Budget en Beheerscontrole

4.
   SPF Technologie de l'Information et de la Communication (Fedict) – FOD Informatie- en Communicatietechnologie (Fedict)

5.
   SPF Affaires étrangères, Commerce extérieur et Coopération au Développement – FOD Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking

6.
   SPF Intérieur – FOD Binnenlandse Zaken

  

7.
   SPF Finances – FOD Financiën

8.
   SPF Mobilité et Transports – FOD Mobiliteit en Vervoer

9.
   SPF Emploi, Travail et Concertation sociale – FOD Werkgelegenheid, Arbeid en sociaal overleg

10.
   SPF Sécurité Sociale et Institutions publiques de Sécurité Sociale – FOD Sociale Zekerheid en Openbare Instellingen van sociale Zekerheid

11.
   SPF Santé publique, Sécurité de la Chaîne alimentaire et Environnement – FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu

12.
   SPF Justice – FOD Justitie

13.
   SPF Economie, PME, Classes moyennes et Energie – FOD Economie, KMO, Middenstand en Energie

14.
   Ministère de la Défense – Ministerie van Landsverdediging

15.
   Service public de programmation Intégration sociale, Lutte contre la pauvreté et Economie sociale – Programmatorische Overheidsdienst Maatschappelijke Integratie, armoedsbestrijding en sociale Economie

  

16.
   Service public fédéral de Programmation Développement durable – Programmatorische federale Overheidsdienst Duurzame Ontwikkeling

17.
   Service public fédéral de Programmation Politique scientifique – Programmatorische federale Overheidsdienst Wetenschapsbeleid

B
   Régie des Bâtiments – Regie der Gebouwen:

1.
   Office national de Sécurité sociale – Rijksdienst voor sociale Zekerheid

2.
   Institut national d'Assurance sociales pour travailleurs indépendants – Rijksinstituut voor de sociale Verzekeringen der Zelfstandigen

3.
   Institut national d'Assurance Maladie-Invalidité – Rijksinstituut voor Ziekte – en Invaliditeitsverzekering

4.
   Office national des Pensions – Rijksdienst voor Pensioenen

5.
   Caisse auxiliaire d'Assurance Maladie-Invalidité – Hulpkas voor Ziekte-en Invaliditeitsverzekering

6.
   Fond des Maladies professionnelles – Fonds voor Beroepsziekten

7.
   Office national de l'Emploi – Rijksdienst voor Arbeidsvoorziening

  

8.
   La Poste
[3](#footnote3)
 – De Post

BULGARIA

1.
   Администрация на Народното събрание (Administration of the National Assembly)

2.
   Администрация на Президента (Administration of the President)

3.
   Администрация на Министерския съвет (Administration of the Council of Ministers)

4.
   Конституционен съд (Constitutional Court)

5.
   Българска народна банка (Bulgarian National Bank)

6.
   Министерство на външните работи (Ministry of Foreign Affairs)

7.
   Министерство на вътрешните работи (Ministry of the Interior)

8.
   Министерство на извънредните ситуации (Ministry of Еmergency Situations)

9.
   Министерство на държавната администрация и административната реформа (Ministry of State Administration and Administrative Reform)

  

10.
   Министерство на земеделието и храните (Ministry of Agriculture and Food)

11.
   Министерство на здравеопазването (Ministry of Health)

12.
   Министерство на икономиката и енергетиката (Ministry of Economy and Energy)

13.
   Министерство на културата (Ministry of Culture)

14.
   Министерство на образованието и науката (Ministry of Education and Science)

15.
   Министерство на околната среда и водите (Ministry of Environment and Water)

16.
   Министерство на отбраната (Ministry of Defence)

17.
   Министерство на правосъдието (Ministry of Justice)

18.
   Министерство на регионалното развитие и благоустройството (Ministry of Regional Development and Public Works)

19.
   Министерство на транспорта (Ministry of Transport)

20.
   Министерство на труда и социалната политика (Ministry of Labour and Social Policy)

21.
   Министерство на финансите (Ministry of Finance)

  

22.
   държавни агенции, държавни комисии, изпълнителни агенции и други държавни институции, създадени със закон или с постановление на Министерския съвет, които имат функции във връзка с осъществяването на изпълнителната власт (state agencies, state commissions, executive agencies and other state authorities established by law or by Council of Ministers' decree having a function relating to the exercise of executive power)

23.
   Агенция за ядрено регулиране (Nuclear Regulatory Agency)

24.
   Държавна комисия за енергийно и водно регулиране (Energy and Water State Regulatory Commission)

25.
   Държавна комисия по сигурността на информацията (State Commission on Information Security)

26.
   Комисия за защита на конкуренцията (Commission for Protection of Competition)

27.
   Комисия за защита на личните данни (Commission for Personal Data Protection)

28.
   Комисия за защита от дискриминация (Commission for Protection Against Discrimination)

29.
   Комисия за регулиране на съобщенията (Communications Regulation Commission)

30.
   Комисия за финансов надзор (Financial Supervision Commission)

  

31.
   Патентно ведомство на Република България (Patent Office of the Republic of Bulgaria)

32.
   Сметна палата на Република България (National Audit Office of the Republic of Bulgaria)

33.
   Агенция за приватизация (Privatisation Agency)

34.
   Агенция за следприватизационен контрол (Agency for Post-privatisation Control)

35.
   Български институт по метрология (Bulgarian Institute for Metrology)

36.
   Държавна агенция "Архиви (State Agency "Archives")

37.
   Държавна агенция "Държавен резерв и военновременни запаси" (State Agency "State Reserve and War-Time Stocks")

38.
   Държавна агенция за бежанците (State Agency for Refugees)

39.
   Държавна агенция за българите в чужбина (State Agency for Bulgarians Abroad)

40.
   Държавна агенция за закрила на детето (State Agency for Child Protection)

41.
   Държавна агенция за информационни технологии и съобщения (State Agency for Information Technology and Communications)

  

42.
   Държавна агенция за метрологичен и технически надзор (State Agency for Metrological and Technical Surveillance)

43.
   Държавна агенция за младежта и спорта (State Agency for Youth and Sports)

44.
   Държавна агенция по туризма (State Agency for Tourism)

45.
   Държавна комисия по стоковите борси и тържища (State Commission on Commodity Exchanges and Market-places)

46.
   Институт по публична администрация и европейска интеграция (Institute of Public Administration and European Integration)

47.
   Национален статистически институт (National Statistical Institute)

48.
   Агенция "Митници" (Customs Agency)

49.
   Агенция за държавна и финансова инспекция (Public Financial Inspection Agency)

50.
   Агенция за държавни вземания (State Receivables Collection Agency)

51.
   Агенция за социално подпомагане (Social Assistance Agency)

  

52.
   Държавна агенция "Национална сигурност" (State Agency "National Security")

53.
   Агенция за хората с увреждания (Agency for Persons with Disabilities)

54.
   Агенция по вписванията (Registry Agency)

55.
   Агенция по енергийна ефективност (Energy Efficiency Agency)

56.
   Агенция по заетостта (Employment Agency)

57.
   Агенция по геодезия, картография и кадастър (Geodesy, Cartography and Cadastre Agency)

58.
   Агенция по обществени поръчки (Public Procurement Agency)

59.
   Българска агенция за инвестиции (Bulgarian Investment Agency)

60.
   Главна дирекция "Гражданска въздухоплавателна администрация" (General Directorate "Civil Aviation Administration")

61.
   Дирекция за национален строителен контрол (Directorate for National Construction Supervision)

  

62.
   Държавна комисия по хазарта (State Commission on Gambling)

63.
   Изпълнителна агенция "Автомобилна администрация" (Executive Agency "Automobile Administration")

64.
   Изпълнителна агенция "Борба с градушките" (Executive Agency "Hail Suppression")

65.
   Изпълнителна агенция "Българска служба за акредитация" (Executive Agency "Bulgarian Accreditation Service")

66.
   Изпълнителна агенция "Главна инспекция по труда" (Executive Agency "General Labour Inspectorate")

67.
   Изпълнителна агенция "Железопътна администрация" (Executive Agency "Railway Administration")

68.
   Изпълнителна агенция "Морска администрация" (Executive Agency "Maritime Administration")

69.
   Изпълнителна агенция "Национален филмов център" (Executive Agency "National Film Centre")

70.
   Изпълнителна агенция "Пристанищна администрация" (Executive Agency "Port Administration")

  

71.
   Изпълнителна агенция "Проучване и поддържане на река Дунав" (Executive Agency "Exploration and Maintenance of the Danube River")

72.
   Фонд "Републиканска пътна инфраструктура" (National Infrastructure Fund)

73.
   Изпълнителна агенция за икономически анализи и прогнози (Executive Agency for Economic Analysis and Forecasting)

74.
   Изпълнителна агенция за насърчаване на малките и средни предприятия (Executive Agency for Promotion of Small and Medium-sized Enterprises)

75.
   Изпълнителна агенция по лекарствата (Executive Agency on Medicines)

76.
   Изпълнителна агенция по лозата и виното (Executive Agency on Vine and Wine)

77.
   Изпълнителна агенция по околна среда (Executive Environment Agency)

78.
   Изпълнителна агенция по почвените ресурси (Executive Agency on Soil Resources)

79.
   Изпълнителна агенция по рибарство и аквакултури (Executive Agency on Fisheries and Aquaculture)

80.
   Изпълнителна агенция по селекция и репродукция в животновъдството (Executive Agency for Selection and Reproduction in Animal Husbandry)

  

81.
   Изпълнителна агенция по сортоизпитване, апробация и семеконтрол (Executive Agency for Plant Variety Testing, Field Inspection and Seed Control)

82.
   Изпълнителна агенция по трансплантация (Transplantation Executive Agency)

83.
   Изпълнителна агенция по хидромелиорации (Executive Agency on Hydromelioration)

84.
   Комисията за защита на потребителите (Commission for Consumer Protection)

85.
   Контролно-техническата инспекция (Control Technical Inspectorate)

86.
   Национална агенция за приходите (National Revenue Agency)

87.
   Национална ветеринарномедицинска служба (National Veterinary Service)

88.
   Национална служба за растителна защита (National Service for Plant Protection)

89.
   Национална служба по зърното и фуражите (National Grain and Feed Service)

90.
   Държавна агенция по горите (State Forestry Agency)

91.
   Висшата атестационна комисия (Higher Attestation Commission)

  

92.
   Национална агенция за оценяване и акредитация (National Evaluation and Accreditation Agency)

93
   Националната агенция за професионално образование и обучение (National Agency for Vocational Education and Training)

94.
   Национална комисия за борба с трафика на хора (Bulgarian National Anti-Trafficking Commission)

95.
   Дирекция "Материално-техническо осигуряване и социално обслужване" на Министерство на вътрешните работи (Directorate for Material and Technical Support and Social Services of the Ministry of Interior)

96.
   Дирекция "Оперативно издирване" на Министерство на вътрешните работи (Directorate "Operative Investigation" at the Ministry of the Interior)

97.
   Дирекция "Финансово-ресурсно осигуряване" на Министерство на вътрешните работи (Directorate for Provision of Finance and Resources of the Ministry of Interior)

98.
   Изпълнителна агенция "Военни клубове и информация" (Executive Agency "Military Clubs and Information")

99.
   Изпълнителна агенция "Държавна собственост на Министерството на отбраната" (Executive Agency "State Property at the Ministry of Defence")

  

100.
   Изпълнителна агенция "Изпитвания и контролни измервания на въоръжение, техника и имущества"(Executive Agency "Testing and Control Measurements of Arms, Equipment and Property")

101.
   Изпълнителна агенция "Социални дейности на Министерството на отбраната" (Executive Agency "Social Activities at the Ministry of Defence")

102.
   Национален център за информация и документация (National Center for Information and Documentation)

103.
   Национален център по радиобиология и радиационна защита (National Centre for Radiobiology and Radiation Protection)

104.
   Национална служба "Полиция" (National Office "Police")

105.
   Национална служба "Пожарна безопасност и защита на населението" (National Office "Fire Safety and Protection of the Population")

106.
   Национална служба за съвети в земеделието (National Agricultural Advisory Service)

107
   Служба "Военна информация" (Military Information Service)

108.
   Служба "Военна полиция" (Military Police)

109.
   Авиоотряд 28 (Airsquad 28)

  

CZECHIA

1.
   Ministerstvo dopravy (Ministry of Transport)

2.
   Ministerstvo financí (Ministry of Finance)

3.
   Ministerstvo kultury (Ministry of Culture)

4.
   Ministerstvo obrany (Ministry of Defence)

5.
   Ministerstvo pro místní rozvoj (Ministry for Regional Development)

6.
   Ministerstvo práce a sociálních věcí (Ministry of Labour and Social Affairs)

7.
   Ministerstvo průmyslu a obchodu (Ministry of Industry and Trade)

8.
   Ministerstvo spravedlnosti (Ministry of Justice)

9.
   Ministerstvo školství, mládeže a tělovýchovy (Ministry of Education, Youth and Sports)

10.
   Ministerstvo vnitra (Ministry of the Interior)

11.
   Ministerstvo zahraničních věcí (Ministry of Foreign Affairs)

  

12.
   Ministerstvo zdravotnictví (Ministry of Health)

13.
   Ministerstvo zemědělství (Ministry of Agriculture)

14.
   Ministerstvo životního prostředí (Ministry of the Environment)

15.
   Poslanecká sněmovna PČR (Chamber of Deputies of the Parliament of the Czech Republic)

16.
   Senát PČR (Senate of the Parliament of the Czech Republic)

17.
   Kancelář prezidenta (Office of the President)

18.
   Český statistický úřad (Czech Statistical Office)

19.
   Český úřad zeměměřičský a katastrální (Czech Office for Surveying, Mapping and Cadastre)

20.
   Úřad průmyslového vlastnictví (Industrial Property Office)

21.
   Úřad pro ochranu osobních údajů (Office for Personal Data Protection)

22.
   Bezpečnostní informační služba (Security Information Service)

23.
   Národní bezpečnostní úřad (National Security Authority)

  

24.
   Česká akademie věd (Academy of Sciences of the Czech Republic)

25.
   Vězeňská služba (Prison Service)

26.
   Český báňský úřad (Czech Mining Authority)

27.
   Úřad pro ochranu hospodářské soutěže (Office for the Protection of Competition)

28.
   Správa státních hmotných rezerv (Administration of the State Material Reserves)

29.
   Státní úřad pro jadernou bezpečnost (State Office for Nuclear Safety)

30.
   Energetický regulační úřad (Energy Regulatory Office)

31.
   Úřad vlády České republiky (Office of the Government of the Czech Republic)

32.
   Ústavní soud (Constitutional Court)

33.
   Nejvyšší soud (Supreme Court)

34.
   Nejvyšší správní soud (Supreme Administrative Court)

35.
   Nejvyšší státní zastupitelství (Supreme Public Prosecutor's Office)

  

36.
   Nejvyšší kontrolní úřad (Supreme Audit Office)

37.
   Kancelář Veřejného ochránce práv (Office of the Public Defender of Rights)

38.
   Grantová agentura České republiky (Grant Agency of the Czech Republic)

39.
   Státní úřad inspekce práce (State Labour Inspection Office)

40.
   Český telekomunikační úřad (Czech Telecommunication Office)

41.
   Ředitelství silnic a dálnic ČR (ŘSD) (Road and Motorway Directorate of the Czech Republic)

DENMARK

1.
   Folketinget (The Danish Parliament)

2.
   Rigsrevisionen (The National Audit Office)

3.
   Statsministeriet (The Prime Minister's Office)

4.
   Udenrigsministeriet (Ministry of Foreign Affairs)

5.
   Beskæftigelsesministeriet – 5 styrelser og institutioner (Ministry of Employment – 5 agencies and institutions)

6.
   Domstolsstyrelsen (The Court Administration)

7.
   Finansministeriet – 5 styrelser og institutioner (Ministry of Finance – 5 agencies and institutions

8.
   Forsvarsministeriet – 5 styrelser og institutioner (Ministry of Defence – 5 agencies and institutions)

9.
   Ministeriet for Sundhed og Forebyggelse – Adskillige styrelser og institutioner, herunder Statens Serum Institut (Ministry of the Interior and Health – Several agencies and institutions, including Statens Serum Institut)

10.
   Justitsministeriet – Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser (Ministry of Justice – Commissioner of Police, 1 directorate and a number of agencies)

11.
   Kirkeministeriet – 10 stiftsøvrigheder (Ministry of Ecclesiastical Affairs – 10 diocesan authorities)

12.
   Kulturministeriet – 4 styrelser samt et antal statsinstitutioner (Ministry of Culture – 4 departments and a number of institutions)

13.
   Miljøministeriet – 5 styrelser (Ministry of the Environment – 5 agencies)

  

14.
   Ministeriet for Flygtninge, Invandrere og Integration – 1 styrelse (Ministry of Refugee, Immigration and Integration Affairs – 1 agency)

15.
   Ministeriet for Fødevarer, Landbrug og Fiskeri – 4 direktorater og institutioner (Ministry of Food, Agriculture and Fisheries – 4 directorates and institutions)

16.
   Ministeriet for Videnskab, Teknologi og Udvikling – Adskillige styrelser og institutioner, Forskningscenter Risø og Statens uddannelsesbygninger (Ministry of Science, Technology and Innovation – Several agencies and institutions, including Risoe National Laboratory and Danish National Research and Education Buildings)

17.
   Skatteministeriet – 1 styrelse og institutioner (Ministry of Taxation – 1 agency and several institutions)

18.
   Velfærdsministeriet – 3 styrelser og institutioner (Ministry of Welfare – 3 agencies and several institutions)

19.
   Transportministeriet – 7 styrelser og institutioner, herunder Øresundsbrokonsortiet (Ministry of Transport – 7 agencies and institutions, including Øresundsbrokonsortiet)

20.
   Undervisningsministeriet – 3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner (Ministry of Education – 3 agencies, 4 educational establishments, 5 other institutions)

  

21.
   Økonomi- og Erhvervsministeriet – Adskillige styrelser og institutioner (Ministry of Economic and Business Affairs – Several agencies and institutions)

22.
   Klima- og Energiministeriet – 3 styrelser og institutioner (Ministry for Climate and Energy – 3 agencies and institutions)

GERMANY

1.
   Auswärtiges Amt (Federal Foreign Office)

2.
   Bundeskanzleramt (Federal Chancellery)

3.
   Bundesministerium für Arbeit und Soziales (Federal Ministry of Labour and Social Affairs)

4.
   Bundesministerium für Bildung und Forschung (Federal Ministry of Education and Research)

5.
   Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz (Federal Ministry for Food, Agriculture and Consumer Protection)

6.
   Bundesministerium der Finanzen (Federal Ministry of Finance)

7.
   Bundesministerium des Innern (Federal Ministry of the Interior – civil goods only)

  

8.
   Bundesministerium für Gesundheit (Federal Ministry of Health)

9.
   Bundesministerium für Familie, Senioren, Frauen und Jugend (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth)

10.
   Bundesministerium der Justiz (Federal Ministry of Justice)

11.
   Bundesministerium für Verkehr, Bau und Stadtentwicklung (Federal Ministry of Transport, Building and Urban Affairs)

12.
   Bundesministerium für Wirtschaft und Technologie (Federal Ministry of Economic Affairs and Technology)

13.
   Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung (Federal Ministry for Economic Cooperation and Development)

14.
   Bundesministerium der Verteidigung (Federal Ministry of Defence)

15.
   Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit (Federal Ministry of Environment, Nature Conservation and Reactor Safety)

  

ESTONIA

1.
   Vabariigi Presidendi Kantselei (Office of the President of the Republic of Estonia)

2.
   Eesti Vabariigi Riigikogu (Parliament of the Republic of Estonia)

3.
   Eesti Vabariigi Riigikohus (Supreme Court of the Republic of Estonia)

4.
   Riigikontroll (The State Audit Office of the Republic of Estonia)

5.
   Õiguskantsler (Legal Chancellor)

6.
   Riigikantselei (The State Chancellery)

7.
   Rahvusarhiiv (The National Archives of Estonia)

8.
   Haridus- ja Teadusministeerium (Ministry of Education and Research)

9.
   Justiitsministeerium (Ministry of Justice)

10.
   Kaitseministeerium (Ministry of Defence)

11.
   Keskkonnaministeerium (Ministry of Environment)

  

12.
   Kultuuriministeerium (Ministry of Culture)

13.
   Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and Communications)

14.
   Põllumajandusministeerium (Ministry of Agriculture)

15.
   Rahandusministeerium (Ministry of Finance)

16.
   Siseministeerium (Ministry of Internal Affairs)

17.
   Sotsiaalministeerium (Ministry of Social Affairs)

18.
   Välisministeerium (Ministry of Foreign Affairs)

19.
   Keeleinspektsioon (The Language Inspectorate)

20.
   Riigiprokuratuur (Prosecutor's Office)

21.
   Teabeamet (The Information Board)

22.
   Maa-amet (Estonian Land Board)

23.
   Keskkonnainspektsioon (Environmental Inspectorate)

  

24.
   Metsakaitse- ja Metsauuenduskeskus (Centre of Forest Protection and Silviculture)

25.
   Muinsuskaitseamet (The Heritage Board)

26.
   Patendiamet (Patent Office)

27.
   Tehnilise Järelevalve Amet (The Estonian Technical Surveillance Authority)

28.
   Tarbijakaitseamet (The Consumer Protection Board)

29.
   Riigihangete Amet (Public Procurement Office)

30.
   Taimetoodangu Inspektsioon (The Plant Production Inspectorate)

31.
   Põllumajanduse Registrite ja Informatsiooni Amet (Agricultural Registers and Information Board)

32.
   Veterinaar- ja Toiduamet (The Veterinary and Food Board)

33.
   Konkurentsiamet (The Estonian Competition Authority)

34.
   Maksu –ja Tolliamet (Tax and Customs Board)

35.
   Statistikaamet (Statistics Estonia)

  

36.
   Kaitsepolitseiamet (The Security Police Board)

37.
   Kodakondsus- ja Migratsiooniamet (Citizenship and Migration Board)

38.
   Piirivalveamet (National Board of Border Guard)

39.
   Politseiamet (National Police Board)

40.
   Eesti Kohtuekspertiisi ja Instituut (Forensic Service Centre)

41.
   Keskkriminaalpolitsei (Central Criminal Police)

42.
   Päästeamet (The Rescue Board)

43.
   Andmekaitse Inspektsioon (Estonian Data Protection Inspectorate)

44.
   Ravimiamet (State Agency of Medicines)

45.
   Sotsiaalkindlustusamet (Social Insurance Board)

46.
   Tööturuamet (Labour Market Board)

47.
   Tervishoiuamet (Health Care Board)

  

48.
   Tervisekaitseinspektsioon (Health Protection Inspectorate)

49.
   Tööinspektsioon (Labour Inspectorate)

50.
   Lennuamet (Estonian Civil Aviation Administration)

51.
   Maanteeamet (Estonian Road Administration)

52.
   Veeteede Amet (Maritime Administration)

53.
   Julgestuspolitsei (Central Law Enforcement Police)

54.
   Kaitseressursside Amet (Defence Resources Agency)

55.
   Kaitseväe Logistikakeskus (Logistics Centre of Defence Forces)

IRELAND

1.
   President's Establishment

2.
   Houses of the Oireachtas (Parliament)

3.
   Department of the Taoiseach (Prime Minister)

  

4.
   Central Statistics Office

5.
   Department of Finance

6.
   Office of the Comptroller and Auditor General

7.
   Office of the Revenue Commissioners

8.
   Office of Public Works

9.
   State Laboratory

10.
   Office of the Attorney General

11.
   Office of the Director of Public Prosecutions

12.
   Valuation Office

13.
   Commission for Public Service Appointments

14.
   Office of the Ombudsman

15.
   Chief State Solicitor's Office

  

16.
   Department of Justice, Equality and Law Reform

17.
   Courts Service

18.
   Prisons Service

19.
   Office of the Commissioners of Charitable Donations and Bequests

20.
   Department of the Environment, Heritage and Local Government

21.
   Department of Education and Science

22.
   Department of Communications, Energy and Natural Resources

23.
   Department of Agriculture, Fisheries and Food

24.
   Department of Transport

25.
   Department of Health and Children

26.
   Department of Enterprise, Trade and Employment

27.
   Department of Arts, Sports and Tourism

  

28.
   Department of Defence

29.
   Department of Foreign Affairs

30.
   Department of Social and Family Affairs

31.
   Department of Community, Rural and Gaeltacht (Gaelic-speaking regions) Affairs

32.
   Arts Council

33.
   National Gallery

GREECE

1.
   Υπουργείο Εσωτερικών (Ministry of Interior)

2.
   Υπουργείο Εξωτερικών (Ministry of Foreign Affairs)

3.
   Υπουργείο Οικονομίας και Οικονομικών (Ministry of Economy and Finance)

4.
   Υπουργείο Ανάπτυξης (Ministry of Development)

5.
   Υπουργείο Δικαιοσύνης (Ministry of Justice)

  

6.
   Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων (Ministry of Education and Religion)

7.
   Υπουργείο Πολιτισμού (Ministry of Culture)

8.
   Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης (Ministry of Health and Social Solidarity)

9.
   Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων (Ministry of Environment, Physical Planning and Public Works)

10.
   Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας (Ministry of Employment and Social Protection)

11.
   Υπουργείο Μεταφορών και Επικοινωνιών (Ministry of Transport and Communications)

12.
   Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων (Ministry of Rural Development and Food)

13.
   Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής (Ministry of Mercantile Marine, Aegean and Island Policy)

14.
   Υπουργείο Μακεδονίας- Θράκης (Ministry of Macedonia and Thrace)

15.
   Γενική Γραμματεία Επικοινωνίας (General Secretariat of Communication)

  

16.
   Γενική Γραμματεία Ενημέρωσης (General Secretariat of Information)

17.
   Γενική Γραμματεία Νέας Γενιάς (General Secretariat for Youth)

18.
   Γενική Γραμματεία Ισότητας (General Secretariat of Equality)

19.
   Γενική Γραμματεία Κοινωνικών Ασφαλίσεων (General Secretariat for Social Security)

20.
   Γενική Γραμματεία Απόδημου Ελληνισμού (General Secretariat for Greeks Living Abroad)

21.
   Γενική Γραμματεία Βιομηχανίας (General Secretariat for Industry)

22.
   Γενική Γραμματεία Έρευνας και Τεχνολογίας (General Secretariat for Research and Technology)

23.
   Γενική Γραμματεία Αθλητισμού (General Secretariat for Sports)

24.
   Γενική Γραμματεία Δημοσίων Έργων (General Secretariat for Public Works)

25.
   Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος (National Statistical Service)

26.
   Εθνικό Συμβούλιο Κοινωνικής Φροντίδας (National Welfare Council)

27.
   Οργανισμός Εργατικής Κατοικίας (Workers' Housing Organisation)

28.
   Εθνικό Τυπογραφείο (National Printing Office)

29.
   Γενικό Χημείο του Κράτους (General State Laboratory)

30.
   Ταμείο Εθνικής Οδοποιίας (Greek Highway Fund)

31.
   Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών (University of Athens)

32.
   Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης (University of Thessaloniki)

33.
   Δημοκρίτειο Πανεπιστήμιο Θράκης (University of Thrace)

34.
   Πανεπιστήμιο Αιγαίου (University of Aegean)

35.
   Πανεπιστήμιο Ιωαννίνων (University of Ioannina)

36.
   Πανεπιστήμιο Πατρών (University of Patras)

37.
   Πανεπιστήμιο Μακεδονίας (University of Macedonia)

38.
   Πολυτεχνείο Κρήτης (Polytechnic School of Crete)

  

39.
   Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων (Sivitanidios Technical School)

40.
   Αιγινήτειο Νοσοκομείο (Eginitio Hospital)

41.
   Αρεταίειο Νοσοκομείο (Areteio Hospital)

42.
   Εθνικό Κέντρο Δημόσιας Διοίκησης (National Centre of Public Administration)

43.
   Οργανισμός Διαχείρισης Δημοσίου Υλικού (Α.Ε. Public Material Μanagement Organisation)

44.
   Οργανισμός Γεωργικών Ασφαλίσεων (Farmers' Insurance Organisation)

45.
   Οργανισμός Σχολικών Κτιρίων (School Building Organisation)

46.
   Γενικό Επιτελείο Στρατού (Army General Staff)

47.
   Γενικό Επιτελείο Ναυτικού (Navy General Staff)

48.
   Γενικό Επιτελείο Αεροπορίας (Airforce General Staff)

49.
   Ελληνική Επιτροπή Ατομικής Ενέργειας (Greek Atomic Energy Commission)

50.
   Γενική Γραμματεία Εκπαίδευσης Ενηλίκων (General Secretariat for Further Education)

  

51.
   Γενική Γραμματεία Εμπορίου (General Secretariat of Commerce)

52.
   
[Ελληνικά Ταχυδρομεία](http://www.elta.gr/)
(Hellenic Post (EL.TA))

53.
   Υπουργείο Εθνικής Άμυνας (Ministry of National Defence)

SPAIN

1.
   Presidencia de Gobierno

2.
   Ministerio de Asuntos Exteriores y de Cooperación

3.
   Ministerio de Justicia

4.
   Ministerio de Defensa

5.
   Ministerio de Economía y Hacienda

6.
   Ministerio del Interior

7.
   Ministerio de Fomento

8.
   Ministerio de Educación y Ciencia

  

9.
   Ministerio de Industria, Turismo y Comercio

10.
   Ministerio de Trabajo y Asuntos Sociales

11.
   Ministerio de Agricultura, Pesca y Alimentación

12.
   Ministerio de la Presidencia

13.
   Ministerio de Administraciones Públicas

14.
   Ministerio de Cultura

15.
   Ministerio de Sanidad y Consumo

16.
   Ministerio de Medio Ambiente

17.
   Ministerio de Vivienda

FRANCE

A
   Ministères

1.
   Services du Premier ministre

  

2.
   Ministère chargé de la santé, de la jeunesse et des sports

3.
   Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales

4.
   Ministère chargé de la justice

5.
   Ministère chargé de la défense

6.
   Ministère chargé des affaires étrangères et EURopéennes

7.
   Ministère chargé de l'éducation nationale

8.
   Ministère chargé de l'économie, des finances et de l'emploi

9.
   Secrétariat d'Etat aux transports

10.
   Secrétariat d'Etat aux entreprises et au commerce extérieur

11.
   Ministère chargé du travail, des relations sociales et de la solidarité

12.
   Ministère chargé de la culture et de la communication

  

13.
   Ministère chargé du budget, des comptes publics et de la fonction publique

14.
   Ministère chargé de l'agriculture et de la pêche

15.
   Ministère chargé de l'enseignement supérieur et de la recherche

16.
   Ministère chargé de l'écologie, du développement et de l'aménagement durables

17.
   Secrétariat d'Etat à la fonction publique

18.
   Ministère chargé du logement et de la ville

19.
   Secrétariat d'Etat à la coopération et à la francophonie

20.
   Secrétariat d'Etat à l'outre-mer

21.
   Secrétariat d'Etat à la jeunesse et aux sports et de la vie associative

22.
   Secrétariat d'Etat aux anciens combattants

23.
   Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co‑développement

24.
   Secrétariat d'Etat en charge de la prospective et de l'évaluation des politiques publiques

25.
   Secrétariat d'Etat aux affaires européennes

26.
   Secrétariat d'Etat aux affaires étrangères et aux droits de l'homme

27.
   Secrétariat d'Etat à la consommation et au tourisme

28.
   Secrétariat d'Etat à la politique de la ville

29.
   Secrétariat d'Etat à la solidarité

30.
   Secrétariat d'Etat en charge de l'emploi

31.
   Secrétariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services

32.
   Secrétariat d'Etat en charge du développement de la région-capitale

33.
   Secrétariat d'Etat en charge de l'aménagement du territoire

B
   Etablissements publics nationaux

1.
   Académie de France à Rome

  

2.
   Académie de marine

3.
   Académie des sciences d'outre-mer

4.
   Académie des technologies

5.
   Agence Centrale des Organismes de Sécurité Sociale (A.C.O.S.S.)

6.
   Agences de l'eau

7.
   Agence de biomédecine

8.
   Agence pour l'enseignement du français à l'étranger

9.
   Agence française de sécurité sanitaire des aliments

10.
   Agence française de sécurité sanitaire de l'environnement et du travail

11.
   Agence Nationale de l'Accueil des Etrangers et des migrations

12.
   Agence nationale pour l'amélioration des conditions de travail (ANACT)

13.
   Agence nationale pour l'amélioration de l'habitat (ANAH)

  

14.
   Agence Nationale pour la Cohésion Sociale et l'Egalité des Chances

15.
   Agence pour la garantie des droits des mineurs

16.
   Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM)

17.
   Assemblée permanente des chambres d'agriculture (APCA)

18.
   Bibliothèque nationale de France

19.
   Bibliothèque nationale et universitaire de Strasbourg

20.
   Caisse des Dépôts et Consignations

21.
   Caisse nationale des autoroutes (CNA)

22.
   Caisse nationale militaire de sécurité sociale (CNMSS)

23.
   Caisse de garantie du logement locatif social

24.
   Casa de Velasquez

25.
   Centre d'enseignement zootechnique

  

26.
   Centre d'études de l'emploi

27.
   Centre hospitalier national des Quinze-Vingts

28.
   Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro)

29.
   Centre des liaisons européennes et internationales de sécurité sociale

30.
   Centre des Monuments Nationaux

31.
   Centre national d'art et de culture Georges Pompidou

32.
   Centre national des arts plastiques

33.
   Centre national de la cinématographie

34.
   Institut national supérieur de formation et de recherche pour l'éducation des jeunes handicapés et les enseignements adaptés

35.
   Centre National d'Etudes et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF)

36.
   Ecole nationale supérieure de Sécurité Sociale

  

37.
   Centre national du livre

38.
   Centre national de documentation pédagogique

39.
   Centre national des œuvres universitaires et scolaires (CNOUS)

40.
   Centre national professionnel de la propriété forestière

41.
   Centre National de la Recherche Scientifique (C.N.R.S)

42.
   Centres d'éducation populaire et de sport (CREPS)

43.
   Centres régionaux des œuvres universitaires (CROUS)

44.
   Collège de France

45.
   Conservatoire de l'espace littoral et des rivages lacustres

46.
   Conservatoire National des Arts et Métiers

47.
   Conservatoire national supérieur de musique et de danse de Paris

48.
   Conservatoire national supérieur de musique et de danse de Lyon

  

49.
   Conservatoire national supérieur d'art dramatique

50.
   Ecole centrale de Lille

51.
   Ecole centrale de Lyon

52.
   École centrale des arts et manufactures

53.
   École française d'archéologie d'Athènes

54.
   École française d'Extrême-Orient

55.
   École française de Rome

56.
   École des hautes études en sciences sociales

57.
   Ecole du Louvre

58.
   École nationale d'administration

59.
   École nationale de l'aviation civile (ENAC)

60.
   École nationale des Chartes

  

61.
   École nationale d'équitation

62.
   Ecole Nationale du Génie de l'Eau et de l'environnement de Strasbourg

63.
   Écoles nationales d'ingénieurs

64.
   Ecole nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes

65.
   Écoles nationales d'ingénieurs des travaux agricoles

66.
   École nationale de la magistrature

67.
   Écoles nationales de la marine marchande

68.
   École nationale de la santé publique (ENSP)

69.
   École nationale de ski et d'alpinisme

70.
   École nationale supérieure des arts décoratifs

71.
   École nationale supérieure des arts et industries textiles Roubaix

  

72.
   Ecole nationale supérieure des arts et techniques du théâtre

73.
   Écoles nationales supérieures d'arts et métiers

74.
   École nationale supérieure des beaux-arts

75.
   École nationale supérieure de céramique industrielle

76.
   École nationale supérieure de l'électronique et de ses applications (ENSEA)

77.
   Ecole Nationale Supérieure des Sciences de l'information et des bibliothécaires

78.
   Écoles nationales vétérinaires

79.
   École nationale de voile

80.
   Écoles normales supérieures

81.
   École polytechnique

82.
   École de viticulture — Avize (Marne)

  

83.
   Etablissement national d'enseignement agronomique de Dijon

84.
   Établissement national des invalides de la marine (ENIM)

85.
   Établissement national de bienfaisance Koenigswarter

86.
   Fondation Carnegie

87.
   Fondation Singer-Polignac

88.
   Haras nationaux

89.
   Hôpital national de Saint-Maurice

90.
   Institut français d'archéologie orientale du Caire

91.
   Institut géographique national

92.
   Institut National des Appellations d'origine

93.
   Institut national des hautes études de sécurité

94.
   Institut de veille sanitaire

  

95.
   Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes

96.
   Institut National d'Etudes Démographiques (I.N.E.D)

97.
   Institut National d'Horticulture

98.
   Institut National de la jeunesse et de l'éducation populaire

99.
   Institut national des jeunes aveugles — Paris

100.
   Institut national des jeunes sourds — Bordeaux

101.
   Institut national des jeunes sourds — Chambéry

102.
   Institut national des jeunes sourds — Metz

103.
   Institut national des jeunes sourds — Paris

104.
   Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P)

105.
   Institut national de la propriété industrielle

  

106.
   Institut National de la Recherche Agronomique (I.N.R.A)

107.
   Institut National de la Recherche Pédagogique (I.N.R.P)

108.
   Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M)

109.
   Institut national d'histoire de l'art (I.N.H.A.)

110.
   Institut National des Sciences de l'Univers

111.
   Institut National des Sports et de l'Education Physique

112.
   Instituts nationaux polytechniques

113.
   Instituts nationaux des sciences appliquées

114.
   Institut national de recherche en informatique et en automatique (INRIA)

115.
   Institut national de recherche sur les transports et leur sécurité (INRETS)

116.
   Institut de Recherche pour le Développement

  

117.
   Instituts régionaux d'administration

118.
   Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech)

119.
   Institut supérieur de mécanique de Paris

120.
   Institut Universitaires de Formation des Maîtres

121.
   Musée de l'armée

122.
   Musée Gustave-Moreau

123.
   Musée du Louvre

124.
   Musée du Quai Branly

125.
   Musée national de la marine

126.
   Musée national J.-J.-Henner

127.
   Musée national de la Légion d'honneur

128.
   Musée de la Poste

  

129.
   Muséum National d'Histoire Naturelle

130.
   Musée Auguste-Rodin

131.
   Observatoire de Paris

132.
   Office français de protection des réfugiés et apatrides

133.
   Office National des Anciens Combattants et des Victimes de Guerre (ONAC)

134.
   Office national de la chasse et de la faune sauvage

135.
   Office National de l'eau et des milieux aquatiques

136.
   Office national d'information sur les enseignements et les professions (ONISEP)

137.
   Office universitaire et culturel français pour l'Algérie

138.
   Palais de la découverte

139.
   Parcs nationaux

140.
   Universités

  

C
   Institutions, autorités et juridictions indépendantes

1.
   Présidence de la République

2.
   Assemblée Nationale

3.
   Sénat

4.
   Conseil constitutionnel

5.
   Conseil économique et social

6.
   Conseil supérieur de la magistrature

7.
   Agence française contre le dopage

8.
   Autorité de contrôle des assurances et des mutuelles

9.
   Autorité de contrôle des nuisances sonores aéroportuaires

10.
   Autorité de régulation des communications électroniques et des postes

11.
   Autorité de sûreté nucléaire

  

12.
   Comité national d'évaluation des établissements publics à caractère scientifique, culturel et professionnel

13.
   Commission d'accès aux documents administratifs

14.
   Commission consultative du secret de la défense nationale

15.
   Commission nationale des comptes de campagne et des financements politiques

16.
   Commission nationale de contrôle des interceptions de sécurité

17.
   Commission nationale de déontologie de la sécurité

18.
   Commission nationale du débat public

19.
   Commission nationale de l'informatique et des libertés

20.
   Commission des participations et des transferts

21.
   Commission de régulation de l'énergie

22.
   Commission de la sécurité des consommateurs

  

23.
   Commission des sondages

24.
   Commission de la transparence financière de la vie politique

25.
   Conseil de la concurrence

26.
   Conseil supérieur de l'audiovisuel

27.
   Défenseur des enfants

28.
   Haute autorité de lutte contre les discriminations et pour l'égalité

29.
   Haute autorité de santé

D
   Autres organismes publics nationaux

1.
   Union des groupements d'achats publics (UGAP)

2.
   Agence Nationale pour l'emploi (A.N.P.E)

3.
   Autorité indépendante des marchés financiers

4.
   Caisse Nationale des Allocations Familiales (CNAF)

  

5.
   Caisse Nationale d'Assurance Maladie des Travailleurs Salariés (CNAMS)

6.
   Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salariés (CNAVTS)

CROATIA

1.
   Hrvatski sabor (Croatian Parliament)

2.
   Predsjednik Republike Hrvatske (President of the Republic of Croatia)

3.
   Ured predsjednika Republike Hrvatske (Office of the President of the Republic of Croatia)

4.
   Ured predsjednika Republike Hrvatske po prestanku obnašanja dužnosti (Office of the President of the Republic of Croatia after the expiry of the term of office)

5.
   Vlada Republike Hrvatske (Government of the Republic of Croatia)

6.
   Uredi Vlade Republike Hrvatske (Offices of the Government of the Republic of Croatia)

7.
   Ministarstvo gospodarstva (Ministry of Economy)

8.
   Ministarstvo regionalnoga razvoja i fondova Europske unije (Ministry of Regional Development and EU Funds)

  

9.
   Ministarstvo financija (Ministry of Finance)

10.
   Ministarstvo obrane (Ministry of Defence)

11.
   Ministarstvo vanjskih i europskih poslova (Ministry of Foreign and European Affairs)

12.
   Ministarstvo unutarnjih poslova (Ministry of the Interior)

13.
   Ministarstvo pravosuđa (Ministry of Justice)

14.
   Ministarstvo uprave (Ministry of Public Administration)

15.
   Ministarstvo poduzetništva i obrta (Ministry of Entrepreneurship and Crafts)

16.
   Ministarstvo rada i mirovinskog sustava (Ministry of Labour and Pension System)

17.
   Ministarstvo pomorstva, prometa i infrastrukture (Ministry of Maritime Affairs, Transport and Infrastructure)

18.
   Ministarstvo poljoprivrede (Ministry of Agriculture)

19.
   Ministarstvo turizma (Ministry of Tourism)

  

20.
   Ministarstvo zaštite okoliša i prirode (Ministry of Environmental and Nature Protection)

21.
   Ministarstvo graditeljstva i prostornoga uređenja (Ministry of Construction and Physical Planning)

22.
   Ministarstvo branitelja (Ministry of Veterans' Affairs)

23.
   Ministarstvo socijalne politike i mladih (Ministry of Social Policy and Youth)

24.
   Ministarstvo zdravlja (Ministry of Health)

25.
   Ministarstvo znanosti, obrazovanja i sporta (Ministry of Science, Education and Sports)

26.
   Ministarstvo kulture (Ministry of Culture)

27.
   Državne upravne organizacije (State administrative organisations)

28.
   Uredi državne uprave u županijama (County state administration offices)

29.
   Ustavni sud Republike Hrvatske (Constitutional Court of the Republic of Croatia)

30.
   Vrhovni sud Republike Hrvatske (Supreme Court of the Republic of Croatia)

  

31.
   Sudovi (Courts)

32.
   Državno sudbeno vijeće (State Judiciary Council)

33.
   Državna odvjetništva (State attorney's offices)

34.
   Državnoodvjetničko vijeće (State Prosecutor's Council)

35.
   Pravobraniteljstva (Ombudsman's offices)

36.
   Državna komisija za kontrolu postupaka javne nabave (State Commission for the Supervision of Public Procurement Procedures)

37.
   Hrvatska narodna banka (Croatian National Bank)

38.
   Državne agencije i uredi (State agencies and offices)

39.
   Državni ured za reviziju (State Audit Office)

  

ITALY

1.
   Presidenza del Consiglio dei Ministri (Presidency of the Council of Ministers)

2.
   Ministero degli Affari Esteri (Ministry of Foreign Affairs)

3.
   Ministero dell'Interno (Ministry of Interior)

4.
   Ministero della Giustizia e Uffici giudiziari – esclusi i giudici di pace (Ministry of Justice and the Judicial Offices other than the giudici di pace)

5.
   Ministero della Difesa (Ministry of Defence)

6.
   Ministero dell'Economia e delle Finanze (Ministry of Economy and Finance)

7.
   Ministero dello Sviluppo Economico (Ministry of Economic Development)

8.
   Ministero del Commercio internazionale (Ministry of International Trade)

9.
   Ministero delle Comunicazioni (Ministry of Communications)

10.
   Ministero delle Politiche Agricole e Forestali (Ministry of Agriculture and Forest Policies)

  

11.
   Ministero dell'Ambiente e Tutela del Territorio e del Mare (Ministry of Environment, Land and Sea)

12.
   Ministero delle Infrastrutture (Ministry of Infrastructure)

13.
   Ministero dei Trasporti (Ministry of Transport)

14.
   Ministero del Lavoro e delle politiche sociali e della Previdenza sociale (Ministry of Labour, Social Policy and Social Security)

15.
   Ministero della Solidarietà sociale (Ministry of Social Solidarity)

16.
   Ministero della Salute (Ministry of Health)

17.
   Ministero dell'Istruzione dell'università e della ricerca (Ministry of Education, University and Research)

18.
   Ministero per i Beni e le Attività culturali comprensivo delle sue articolazioni periferiche

19.
   CONSIP (Concessionaria Servizi Informatici Pubblici)
[4](#footnote4)

  

CYPRUS

1.
   Προεδρία και Προεδρικό Μέγαρο (Presidency and Presidential Palace)

2.
   Γραφείο Συντονιστή Εναρμόνισης (Office of the Coordinator for Harmonisation)

3.
   Υπουργικό Συμβούλιο (Council of Ministers)

4.
   Βουλή των Αντιπροσώπων (House of Representatives)

5.
   Δικαστική Υπηρεσία (Judicial Service)

6.
   Νομική Υπηρεσία της Δημοκρατίας (Law Office of the Republic)

7.
   Ελεγκτική Υπηρεσία της Δημοκρατίας (Audit Office of the Republic)

8.
   Επιτροπή Δημόσιας Υπηρεσίας (Public Service Commission)

9.
   Επιτροπή Εκπαιδευτικής Υπηρεσίας (Educational Service Commission)

10.
   Γραφείο Επιτρόπου Διοικήσεως (Office of the Commissioner for Administration (Ombudsman)

  

11.
   Επιτροπή Προστασίας Ανταγωνισμού (Commission for the Protection of Competition)

12.
   Υπηρεσία Εσωτερικού Ελέγχου (Internal Audit Service)

13.
   Γραφείο Προγραμματισμού (Planning Bureau)

14.
   Γενικό Λογιστήριο της Δημοκρατίας (Treasury of the Republic)

15.
   Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Office of the Commissioner for Personal Data Protection)

16.
   Γραφείο Εφόρου Δημοσίων Ενισχύσεων (Office of the Commissioner for State Aid Control)

17.
   Αναθεωρητική Αρχή Προσφορών (Tender Review Body)

18.
   Υπηρεσία Εποπτείας και Ανάπτυξης Συνεργατικών Εταιρειών (Cooperative Societies' Supervision and Development Authority)

19.
   Αναθεωρητική Αρχή Προσφύγων (Refugees' Review Body)

20.
   Υπουργείο Άμυνας (Ministry of Defence)

  

21.
   Υπουργείο Γεωργίας, Φυσικών Πόρων και Περιβάλλοντος (Ministry of Agriculture, Natural Resources and Environment):

(a)
   Τμήμα Γεωργίας (Department of Agriculture)

(b)
   Κτηνιατρικές Υπηρεσίες (Veterinary Services)

(c)
   Τμήμα Δασών (Forest Department)

(d)
   Τμήμα Αναπτύξεως Υδάτων (Water Development Department)

(e)
   Τμήμα Γεωλογικής Επισκόπησης (Geological Survey Department)

(f)
   Μετεωρολογική Υπηρεσία (Meteorological Service)

(g)
   Τμήμα Αναδασμού (Land Consolidation Department)

(h)
   Υπηρεσία Μεταλλείων (Mines Service)

(i)
   Ινστιτούτο Γεωργικών Ερευνών (Agricultural Research Institute)

(j)
   Τμήμα Αλιείας και Θαλάσσιων Ερευνών (Department of Fisheries and Marine Research)

  

22.
   Υπουργείο Δικαιοσύνης και Δημοσίας Τάξεως (Ministry of Justice and Public Order):

(a)
   Αστυνομία (Police)

(b)
   Πυροσβεστική Υπηρεσία Κύπρου (Cyprus Fire Service)

(c)
   Τμήμα Φυλακών (Prison Department)

23.
   Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού (Ministry of Commerce, Industry and Tourism):

(a)
   Τμήμα Εφόρου Εταιρειών και Επίσημου Παραλήπτη (Department of Registrar of Companies and Official Receiver)

24.
   Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων (Ministry of Labour and Social Insurance):

(a)
   Τμήμα Εργασίας (Department of Labour)

(b)
   Τμήμα Κοινωνικών Ασφαλίσεων (Department of Social Insurance)

(c)
   Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας (Department of Social Welfare Services)

  

(d)
   Κέντρο Παραγωγικότητας Κύπρου (Productivity Centre Cyprus)

(e)
   Ανώτερο Ξενοδοχειακό Ινστιτούτο Κύπρου (Higher Hotel Institute Cyprus)

(f)
   Ανώτερο Τεχνολογικό Ινστιτούτο (Higher Τechnical Institute)

(g)
   Τμήμα Επιθεώρησης Εργασίας (Department of Labour Inspection)

(h)
   Τμήμα Εργασιακών Σχέσεων (Depertment of Labour Relations)

25.
   Υπουργείο Εσωτερικών (Ministry of the Interior):

(a)
   Επαρχιακές Διοικήσεις (District Administrations)

(b)
   Τμήμα Πολεοδομίας και Οικήσεως (Town Planning and Housing Department)

(c)
   Τμήμα Αρχείου Πληθυσμού και Μεταναστεύσεως (Civil Registry and Migration Department)

(d)
   Τμήμα Κτηματολογίου και Χωρομετρίας (Department of Lands and Surveys)

(e)
   Γραφείο Τύπου και Πληροφοριών (Press and Information Office)

(f)
   Πολιτική Άμυνα (Civil Defence)

(g)
   Υπηρεσία Μέριμνας και Αποκαταστάσεων Εκτοπισθέντων (Service for the care and rehabilitation of displaced persons)

(h)
   Υπηρεσία Ασύλου (Asylum Service)

26.
   Υπουργείο Εξωτερικών (Ministry of Foreign Affairs)

27.
   Υπουργείο Οικονομικών (Ministry of Finance):

(a)
   Τελωνεία (Customs and Excise)

(b)
   Τμήμα Εσωτερικών Προσόδων (Department of Inland Revenue)

(c)
   Στατιστική Υπηρεσία (Statistical Service)

(d)
   Τμήμα Κρατικών Αγορών και Προμηθειών (Department of Government Purchasing and Supply)

(e)
   Τμήμα Δημόσιας Διοίκησης και Προσωπικού (Public Administration and Personnel Department)

(f)
   Κυβερνητικό Τυπογραφείο (Government Printing Office)

(g)
   Τμήμα Υπηρεσιών Πληροφορικής (Department of Information Technology Services)

28.
   Υπουργείο Παιδείας και Πολιτισμού (Ministry of Εducation and Culture)

29.
   Υπουργείο Συγκοινωνιών και Έργων (Ministry of Communications and Works):

(a)
   Τμήμα Δημοσίων Έργων (Department of Public Works)

(b)
   Τμήμα Αρχαιοτήτων (Department of Antiquities)

(c)
   Τμήμα Πολιτικής Αεροπορίας (Department of Civil Aviation)

(d)
   Τμήμα Εμπορικής Ναυτιλίας (Department of Merchant Shipping)

(e)
   Τμήμα Ταχυδρομικών Υπηρεσιών (Postal Services Department)

(f)
   Τμήμα Οδικών Μεταφορών (Department of Road Transport)

(g)
   Τμήμα Ηλεκτρομηχανολογικών Υπηρεσιών (Department of Electrical and Mechanical Services)

(h)
   Τμήμα Ηλεκτρονικών Επικοινωνιών (Department of Electronic Telecommunications)

  

30.
   Υπουργείο Υγείας (Ministry of Health):

(a)
   Φαρμακευτικές Υπηρεσίες (Pharmaceutical Services)

(b)
   Γενικό Χημείο (General Laboratory)

(c)
   Ιατρικές Υπηρεσίες και Υπηρεσίες Δημόσιας Υγείας (Medical and Public Health Services)

(d)
   Οδοντιατρικές Υπηρεσίες (Dental Services)

(e)
   Υπηρεσίες Ψυχικής Υγείας (Mental Health Services)

LATVIA

A
   Ministries, Secretariats of Ministers for Special Assignments, and their Subordinate Institutions

1.
   Aizsardzības ministrija un tās padotībā esošās iestādes (Ministry of Defence and subordinate institutions)

2.
   Ārlietu ministrija un tas padotībā esošās iestādes (Ministry of Foreign Affairs and subordinate institutions)

  

3.
   Ekonomikas ministrija un tās padotībā esošās iestādes (Ministry of Economics and subordinate institutions)

4.
   Finanšu ministrija un tās padotībā esošās iestādes (Ministry of Finance and subordinate institutions)

5.
   Iekšlietu ministrija un tās padotībā esošās iestādes (Ministry of the Interior Affairs and subordinate institutions)

6.
   Izglītības un zinātnes ministrija un tās padotībā esošās iestādes (Ministry of Education and Science and subordinate institutions)

7.
   Kultūras ministrija un tas padotībā esošās iestādes (Ministry of Culture and subordinate institutions)

8.
   Labklājības ministrija un tās padotībā esošās iestādes (Ministry of Welfare and subordinate institutions)

9.
   Satiksmes ministrija un tās padotībā esošās iestādes (Ministry of Transport and subordinate institutions)

10.
   Tieslietu ministrija un tās padotībā esošās iestādes (Ministry of Justice and subordinate institutions)

11.
   Veselības ministrija un tās padotībā esošās iestādes (Ministry of Health and subordinate institutions)

12.
   Vides aizsardzības un reģionālās attīstības ministrija un tās padotībā esošās iestādes (Ministry of Environmental Protection and Regional Development and subordinate institutions)

13.
   Zemkopības ministrija un tās padotībā esošās iestādes (Ministry of Agriculture and subordinate institutions)

14.
   Īpašu uzdevumu ministra sekretariāti un to padotībā esošās iestādes (Ministries for Special Assignments and subordinate institutions)

B
   Other State Institutions

1.
   Augstākā tiesa (Supreme Court)

2.
   Centrālā vēlēšanu komisija (Central Election Commission)

3.
   Finanšu un kapitāla tirgus komisija (Financial and Capital Market Commission)

4.
   Latvijas Banka (Bank of Latvia)

  

5.
   Prokuratūra un tās pārraudzībā esošās iestādes (Prosecutor's Office and institutions under its supervision)

6.
   Saeimas un tās padotībā esošās iestādes (The Parliament and subordinate institutions)

7.
   Satversmes tiesa (Constitutional Court)

8.
   Valsts kanceleja un tās pārraudzībā esošās iestādes (State Chancellery and institutions under its supervision)

9.
   Valsts kontrole (State Audit Office)

10.
   Valsts prezidenta kanceleja (Chancellery of the State President)

11.
   Citas valsts iestādes, kuras nav ministriju padotībā (Other state institutions not subordinate to ministries):

(a)
   Tiesībsarga birojs (Office of the Ombudsman)

(b)
   Nacionālā radio un televīzijas padome (National Broadcasting Council)

  

LITHUANIA

1.
   Prezidentūros kanceliarija (Office of the President)

2.
   Seimo kanceliarija (Office of the Seimas) and Seimui atskaitingos institucijos: (Institutions Accountable to the Seimas):

(a)
   Lietuvos mokslo taryba (Science Council)

(b)
   Seimo kontrolierių įstaiga (The Seimas Ombudsmen's Office)

(c)
   Valstybės kontrolė (National Audit Office)

(d)
   Specialiųjų tyrimų tarnyba (Special Investigation Service)

(e)
   Valstybės saugumo departamentas (State Security Department)

(f)
   Konkurencijos taryba (Competition Council)

(g)
   Lietuvos gyventojų genocido ir rezistencijos tyrimo centras (Genocide and Resistance Research Centre)

(h)
   Vertybinių popierių komisija (Lithuanian Securities Commission)

  

(i)
   Ryšių reguliavimo tarnyba (Communications Regulatory Authority)

(j)
   Nacionalinė sveikatos taryba (National Health Board)

(k)
   Etninės kultūros globos taryba (Council for the Protection of Ethnic Culture)

(l)
   Lygių galimybių kontrolieriaus tarnyba (Office of Equal Opportunities Ombudsperson)

(m)
   Valstybinė kultūros paveldo komisija (National Cultural Heritage Commission)

(n)
   Vaiko teisių apsaugos kontrolieriaus įstaiga (Children's Rights Ombudsman Institution)

(o)
   Valstybinė kainų ir energetikos kontrolės komisija (State Price Regulation Commission of Energy Resources)

(p)
   Valstybinė lietuvių kalbos komisija (State Commission of the Lithuanian Language)

(q)
   Vyriausioji rinkimų komisija (Central Electoral Committee)

(r)
   Vyriausioji tarnybinės etikos komisija (Chief Commission of Official Ethics)

(s)
   Žurnalistų etikos inspektoriaus tarnyba (Office of the Inspector of Journalists' Ethics)

3.
   Vyriausybės kanceliarija (Office of the Government) andVyriausybei atskaitingos institucijos (Institutions Accountable to the Government):

(a)
   Ginklų fondas (Weaponry Fund)

(b)
   Informacinės visuomenės plėtros komitetas (Information Society Development Committee)

(c)
   Kūno kultūros ir sporto departamentas (Department of Physical Education and Sports)

(d)
   Lietuvos archyvų departamentas (Lithuanian Archives Department)

(e)
   Mokestinių ginčų komisija (Commission on Tax Disputes)

(f)
   Statistikos departamentas (Department of Statistics)

(g)
   Tautinių mažumų ir išeivijos departamentas (Department of National Minorities and Lithuanians Living Abroad)

(h)
   Valstybinė tabako ir alkoholio kontrolės tarnyba (State Tobacco and Alcohol Control Service)

(i)
   Viešųjų pirkimų tarnyba (Public Procurement Office)

(j)
   Valstybinė atominės energetikos saugos inspekcija (State Nuclear Power Safety Inspectorate)

(k)
   Valstybinė duomenų apsaugos inspekcija (State Data Protection Inspectorate)

(l)
   Valstybinė lošimų priežiūros komisija (State Gaming Control Commission)

(m)
   Valstybinė maisto ir veterinarijos tarnyba (State Food and Veterinary Service)

(n)
   Vyriausioji administracinių ginčų komisija (Chief Administrative Disputes Commission)

(o)
   Draudimo priežiūros komisija (Insurance Supervisory Commission)

(p)
   Lietuvos valstybinis mokslo ir studijų fondas (Lithuanian State Science and Studies Foundation)

(q)
   Konstitucinis Teismas (Constitutional Court)

(r)
   Lietuvos bankas (Bank of Lithuania)

4.
   Aplinkos ministerija (Ministry of Environment) and Įstaigos prie Aplinkos ministerijos (Institutions under the Ministry of Environment):

(a)
   Generalinė miškų urėdija (Directorate General of State Forests)

(b)
   Lietuvos geologijos tarnyba (Geological Survey of Lithuania)

(c)
   Lietuvos hidrometeorologijos tarnyba (Lithuanian Hydrometereological Service)

(d)
   Lietuvos standartizacijos departamentas (Lithuanian Standards Board)

  

(e)
   Nacionalinis akreditacijos biuras (Lithuanian National Accreditation Bureau)

(f)
   Valstybinė metrologijos tarnyba (State Metrology Service)

(g)
   Valstybinė saugomų teritorijų tarnyba (State Service for Protected Areas)

(h)
   Valstybinė teritorijų planavimo ir statybos inspekcija (State Territory Planning and construction Inspectorate)

5.
   Finansų ministerija (Ministry of Finance) and Įstaigos prie Finansų ministerijos (Institutions under the Ministry of Finance):

(a)
   Muitinės departamentas (Lithuania Customs)

(b)
   Valstybės dokumentų technologinės apsaugos tarnyba (Service of Technological Security of State Documents)

(c)
   Valstybinė mokesčių inspekcija (State Tax Inspectorate)

(d)
   Finansų ministerijos mokymo centras (Training Centre of the Ministry of Finance)

  

6.
   Krašto apsaugos ministerija (Ministry of National Defence) and Įstaigos prie Krašto apsaugos ministerijos (Institutions under the Ministry of National Defence):

(a)
   Antrasis operatyvinių tarnybų departamentas (Second Investigation Department)

(b)
   Centralizuota finansų ir turto tarnyba (Centralised Finance and Property Service)

(c)
   Karo prievolės administravimo tarnyba (Military Enrolment Administration Service)

(d)
   Krašto apsaugos archyvas (National Defence Archives Service)

(e)
   Krizių valdymo centras (Crisis Management Centre)

(f)
   Mobilizacijos departamentas (Mobilisation Department)

(g)
   Ryšių ir informacinių sistemų tarnyba (Communication and Information Systems Service)

(h)
   Infrastruktūros plėtros departamentas (Infrastructure Development Department)

(i)
   Valstybinis pilietinio pasipriešinimo rengimo centras (Civil Resistance Centre)

(j)
   Lietuvos kariuomenė (Lithuanian Armed Forces)

  

(k)
   Krašto apsaugos sistemos kariniai vienetai ir tarnybos (Military Units and Services of the National Defence System)

7.
   Kultūros ministerija (Ministry of Culture) and Įstaigos prie Kultūros ministerijos (Institutions under the Ministry of Culture):

(a)
   Kultūros paveldo departamentas (Department for the Lithuanian Cultural Heritage)

(b)
   Valstybinė kalbos inspekcija (State Language Commission)

8.
   Socialinės apsaugos ir darbo ministerija (Ministry of Social Security and Labour) and Įstaigos prie Socialinės apsaugos ir darbo ministerijos (Institutions under the Ministry of Social Security and Labour):

(a)
   Garantinio fondo administracija (Administration of Guarantee Fund)

(b)
   Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba (State Child Rights Protection and Adoption Service)

(c)
   Lietuvos darbo birža (Lithuanian Labour Exchange)

(d)
   Lietuvos darbo rinkos mokymo tarnyba (Lithuanian Labour Market Training Authority)

  

(e)
   Trišalės tarybos sekretoriatas (Tripartite Council Secretariat)

(f)
   Socialinių paslaugų priežiūros departamentas (Social Services Monitoring Department)

(g)
   Darbo inspekcija (Labour Inspectorate)

(h)
   Valstybinio socialinio draudimo fondo valdyba (State Social Insturance Fund Board)

(i)
   Neįgalumo ir darbingumo nustatymo tarnyba (Disability and Working Capacity Establishment Service)

(j)
   Ginčų komisija (Disputes Commission)

(k)
   Techninės pagalbos neįgaliesiems centras (State Centre of Compensatory Technique for the Disabled)

(l)
   Neįgaliųjų reikalų departamentas (Department of the Affairs of the Disabled)

9.
   Susisiekimo ministerija (Ministry of Transport and Communications) and Įstaigos prie Susisiekimo ministerijos (Institutions under the Ministry of Transport and Communications):

(a)
   Lietuvos automobilių kelių direkcija (Lithuanian Road Administration)

  

(b)
   Valstybinė geležinkelio inspekcija (State Railway Inspectorate)

(c)
   Valstybinė kelių transporto inspekcija (State Road Transport Inspectorate)

(d)
   Pasienio kontrolės punktų direkcija (Border Control Points Directorate)

10.
   Sveikatos apsaugos ministerija (Ministry of Health) and Įstaigos prie Sveikatos apsaugos ministerijos (Institutions under the Ministry of Health):

(a)
   Valstybinė akreditavimo sveikatos priežiūros veiklai tarnyba (State Health Care Accreditation Agency)

(b)
   Valstybinė ligonių kasa (State Patient Fund)

(c)
   Valstybinė medicininio audito inspekcija (State Medical Audit Inspectorate)

(d)
   Valstybinė vaistų kontrolės tarnyba (State Medicines Control Agency)

(e)
   Valstybinė teismo psichiatrijos ir narkologijos tarnyba (Lithuanian Forensic Psychiatry and Narcology Service)

(f)
   Valstybinė visuomenės sveikatos priežiūros tarnyba (State Public Health Service)

  

(g)
   Farmacijos departamentas (Department of Pharmacy)

(h)
   Sveikatos apsaugos ministerijos Ekstremalių sveikatai situacijų centras (Health Emergency Centre of the Ministry of Health)

(i)
   Lietuvos bioetikos komitetas (Lithuanian Bioethics Committee)

(j)
   Radiacinės saugos centras (Radiation Protection Centre)

11.
   Švietimo ir mokslo ministerija (Ministry of Education and Science) and Įstaigos prie Švietimo ir mokslo ministerijos (Institutions under the Ministry of Education and Science):

(a)
   Nacionalinis egzaminų centras (National Examination Centre)

(b)
   Studijų kokybės vertinimo centras (Centre for Quality Assessment in Higher Education)

12.
   Teisingumo ministerija (Ministry of Justice) and Įstaigos prie Teisingumo ministerijos (Institutions under the Ministry of Justice):

(a)
   Kalėjimų departamentas (Department of Imprisonment Establishments)

(b)
   Nacionalinė vartotojų teisių apsaugos taryba (National Consumer Rights Protection Board)

  

(c)
   Europos teisės departamentas (European Law Department)

13.
   Ūkio ministerija (Ministry of Economy) and Įstaigos prie Ūkio ministerijos (Institutions under the Ministry of Economy):

(a)
   Įmonių bankroto valdymo departamentas (Enterprise Bankruptcy Management Department)

(b)
   Valstybinė energetikos inspekcija (State Energy Inspectorate)

(c)
   Valstybinė ne maisto produktų inspekcija (State Non Food Products Inspectorate)

(d)
   Valstybinis turizmo departamentas (Lithuanian State Department of Tourism)

14.
   Užsienio reikalų ministerija (Ministry of Foreign Affairs) and Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių organizacijų (Diplomatic Missions and Consular Offices Abroad as well as Representations to International Organisations)

15.
   Vidaus reikalų ministerija (Ministry of the Interior) and Įstaigos prie Vidaus reikalų ministerijos (Institutions under the Ministry of the Interior):

(a)
   Asmens dokumentų išrašymo centras (Personalisation of Identity Documents Centre)

  

(b)
   Finansinių nusikaltimų tyrimo tarnyba (Financial Crime Investigation Service)

(c)
   Gyventojų registro tarnyba (Residents' Register Service)

(d)
   Policijos departamentas (Police Department)

(e)
   Priešgaisrinės apsaugos ir gelbėjimo departamentas (Fire-Prevention and Rescue Department)

(f)
   Turto valdymo ir ūkio departamentas (Property Management and Economics Department)

(g)
   Vadovybės apsaugos departamentas (VIP Protection Department)

(h)
   Valstybės sienos apsaugos tarnyba (State Border Guard Department)

(i)
   Valstybės tarnybos departamentas (Civil Service Department)

(j)
   Informatikos ir ryšių departamentas (IT and Communications Department)

(k)
   Migracijos departamentas (Migration Department)

(l)
   Sveikatos priežiūros tarnyba (Health Care Department)

  

(m)
   Bendrasis pagalbos centras (Emergency Response Centre)

16.
   Žemės ūkio ministerija (Ministry of Agriculture) and Įstaigos prie Žemės ūkio ministerijos (Institutions under the Ministry of Agriculture):

(a)
   Nacionalinė mokėjimo agentūra (National Paying Agency)

(b)
   Nacionalinė žemės tarnyba (National Land Service)

(c)
   Valstybinė augalų apsaugos tarnyba (State Plant Protection Service)

(d)
   Valstybinė gyvulių veislininkystės priežiūros tarnyba (State Animal Breeding Supervision Service)

(e)
   Valstybinė sėklų ir grūdų tarnyba (State Seed and Grain Service)

(f)
   Žuvininkystės departamentas (Fisheries Department)

17.
   Teismai (Courts):

(a)
   Lietuvos Aukščiausiasis Teismas (The Supreme Court of Lithuania)

(b)
   Lietuvos apeliacinis teismas (The Court of Appeal of Lithuania)

  

(c)
   Lietuvos vyriausiasis administracinis teismas (The Supreme Administrative Court of Lithuania)

(d)
   Apygardų teismai (County courts)

(e)
   Apygardų administraciniai teismai (County administrative courts)

(f)
   Apylinkių teismai (District courts)

(g)
   Nacionalinė teismų administracija (National Courts Administration)

(h)
   Generalinė prokuratūra (The Prosecutor's Office)

18.
   Kiti centriniai valstybinio administravimo subjektai – institucijos, įstaigos, tarnybos (Other Central Public Administration Entities – institutions, establishments, agencies):

(a)
   Muitinės kriminalinė tarnyba (Customs Criminal Service)

(b)
   Muitinės informacinių sistemų centras (Customs Information Systems Centre)

(c)
   Muitinės laboratorija (Customs Laboratory)

(d)
   Muitinės mokymo centras (Customs Training Centre)

  

LUXEMBOURG

1.
   Ministère d'État

2.
   Ministère des Affaires Étrangères et de l'Immigration

3.
   Ministère des Affaires Étrangères et de l'Immigration: Direction de la Défense (Armée)

4.
   Ministère de l'Agriculture, de la Viticulture et du Développement Rural

5.
   Ministère de l'Agriculture, de la Viticulture et du Développement Rural: Administration des Services Techniques de l'Agriculture

6.
   Ministère des Classes moyennes, du Tourisme et du Logement

7.
   Ministère de la Culture, de l'Enseignement Supérieur et de la Recherche

8.
   Ministère de l'Économie et du Commerce extérieur

9.
   Ministère de l'Éducation nationale et de la Formation professionnelle

10.
   Ministère de l'Éducation nationale et de la Formation professionnelle: Lycée d'Enseignement Secondaire et d'Enseignement Secondaire Technique

  

11.
   Ministère de l'Égalité des chances

12.
   Ministère de l'Environnement

13.
   Ministère de l'Environnement: Administration de l'Environnement

14.
   Ministère de la Famille et de l'Intégration

15.
   Ministère de la Famille et de l'Intégration: Maisons de retraite

16.
   Ministère des Finances

17.
   Ministère de la Fonction publique et de la Réforme administrative

18.
   Ministère de la Fonction publique et de la Réforme administrative: Service Central des Imprimés et des Fournitures de l'État – Centre des Technologies de l'informatique de l'État

19.
   Ministère de l'Intérieur et de l'Aménagement du territoire

20.
   Ministère de l'Intérieur et de l'Aménagement du territoire: Police Grand-Ducale Luxembourg – Inspection générale de Police

  

21.
   Ministère de la Justice

22.
   Ministère de la Justice: Établissements Pénitentiaires

23.
   Ministère de la Santé

24.
   Ministère de la Santé: Centre hospitalier neuropsychiatrique

25.
   Ministère de la Sécurité sociale

26.
   Ministère des Transports

27.
   Ministère du Travail et de l'Emploi

28.
   Ministère des Travaux publics

29.
   Ministère des Travaux publics: Bâtiments Publics – Ponts et Chaussées

HUNGARY

1.
   Nemzeti Erőforrás Minisztérium (Ministry of National Resources)

2.
   Vidékfejlesztési Minisztérium (Ministry of Rural Development)

  

3.
   Nemzeti Fejlesztési Minisztérium (Ministry of National Development)

4.
   Honvédelmi Minisztérium (Ministry of Defence)

5.
   Közigazgatási és Igazságügyi Minisztérium (Ministry of Public Administration and Justice)

6.
   Nemzetgazdasági Minisztérium (Ministry for National Economy)

7.
   Külügyminisztérium (Ministry of Foreign Affairs)

8.
   Miniszterelnöki Hivatal (Prime Minister's Office)

9.
   Belügyminisztérium, (Ministry of Internal Affairs)

10.
   Központi Szolgáltatási Főigazgatóság (Central Services Directorate)

MALTA

1.
   Uffiċċju tal-Prim Ministru (Office of the Prime Minister)

2.
   Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity)

3.
   Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and Employment)

4.
   Ministeru tal-Finanzi (Ministry of Finance)

5.
   Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure)

6.
   Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture)

7.
   Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs)

8.
   Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment)

9.
   Ministeru għal Għawdex (Ministry for Gozo)

10.
   Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care)

11.
   Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs)

12.
   Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology)

13.
   Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and Communications)

14.
   Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads)

15.
   L-Uffiċċju tal-President (Office of the President)

16.
   Uffiċċju ta 'l-iskrivan tal-Kamra tad-Deputati (Office of the Clerk of the House of Representatives)

THE NETHERLANDS

1.
   Ministerie van Algemene Zaken (Ministry of General Affairs):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid (Advisory Council on Government Policy)

(c)
   Rijksvoorlichtingsdienst (The Netherlands Government Information Service)

2.
   Ministerie van Binnenlandse Zaken en Koninkrijksrelaties (Ministry of the Interior):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Centrale Archiefselectiedienst (CAS) (Central Records Selection Service)

  

(c)
   Algemene Inlichtingen- en Veiligheidsdienst (AIVD) (General Intelligence and Security Service)

(d)
   Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR) (Personnel Records and Travel Documents Agency)

(e)
   Agentschap Korps Landelijke Politiediensten (National Police Services Agency)

3.
   Ministerie van Buitenlandse Zaken (Ministry of Foreign Affairs):

(a)
   Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC) (Directorate-general for Regional Policy and Consular Affairs)

(b)
   Directoraat-generaal Politieke Zaken (DGPZ) (Directorate-general for Political Affairs)

(c)
   Directoraat-generaal Internationale Samenwerking (DGIS) (Directorate-general for International Cooperation)

(d)
   Directoraat-generaal EURopese Samenwerking (DGES) (Directorate-general for European Cooperation)

(e)
   Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) (Centre for the Promotion of Imports from Developing Countries)

(f)
   Centrale diensten ressorterend onder de Secretaris-Generaal / Plaatsvervangend Secretaris-Generaal (Support services falling under the Secretary-General and Deputy Secretary-General)

(g)
   Buitenlandse Posten (ieder afzonderlijk) (the various Foreign Missions)

4.
   Ministerie van Defensie (Ministry of Defence):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Commando Diensten Centra (CDC) (Support Command)

(c)
   Defensie Telematica Organisatie (DTO) (Defence Telematics Organisation)

(d)
   Centrale directie van de Defensie Vastgoed Dienst (Defence Real Estate Service, Central Directorate)

(e)
   De afzonderlijke regionale directies van de Defensie Vastgoed Dienst (Defence Real Estate Service, Regional Directorates)

(f)
   Defensie Materieel Organisatie (DMO) (Defence Material Organisation)

  

(g)
   Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie (National Supply Agency of the Defence Material Organisation)

(h)
   Logistiek Centrum van de Defensie Materieel Organisatie (Logistic Centre of the Defence Material Organisation)

(i)
   Marinebedrijf van de Defensie Materieel Organisatie (Maintenance Establishment of the Defence Materiel Organisation)

(j)
   Defensie Pijpleiding Organisatie (DPO) (Defence Pipeline Organisation)

5.
   Ministerie van Economische Zaken (Ministry of Economic Affairs):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Centraal Planbureau (CPB) (Netherlands Bureau for Economic Policy Analyses)

(c)
   Bureau voor de Industriële Eigendom (BIE) (Industrial Property Office)

(d)
   SenterNovem (SenterNovem – Agency for sustainable innovation)

(e)
   Staatstoezicht op de Mijnen (SodM) (State Supervision of Mines)

  

(f)
   Nederlandse Mededingingsautoriteit (NMa) (Netherlands Competition Authority)

(g)
   Economische Voorlichtingsdienst (EVD) (Netherlands Foreign Trade Agency)

(h)
   Agentschap Telecom (Radiocommunications Agency)

(i)
   Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voor Overheidsopdrachtgevers (PIANOo) (Professional and innovative procurement, network for contracting authorities)

(j)
   Regiebureau Inkoop Rijksoverheid (Coordination of Central Government Purchasing)

(k)
   Octrooicentrum Nederland (Netherlands Patent Office)

(l)
   Consumentenautoriteit (Consumer Authority)

6.
   Ministerie van Financiën (Ministry of Finance):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Belastingdienst Automatiseringscentrum (Tax and Customs Computer and Software Centre)

  

(c)
   Belastingdienst (Tax and Customs Administration)

(d)
   de afzonderlijke Directies der Rijksbelastingen (the various Divisions of the Tax and Customs Administration throughout the Netherlands)

(e)
   Fiscale Inlichtingen- en Opsporingsdienst met inbegrip van de Economische Controle dienst (ECD) (Fiscal Information and Investigation Service – the Economic Investigation Service included)

(f)
   Belastingdienst Opleidingen (Tax and Customs Training Centre)

(g)
   Dienst der Domeinen (State Property Service)

7.
   Ministerie van Justitie (Ministry of Justice):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Dienst Justitiële Inrichtingen (Correctional Institutions Agency)

(c)
   Raad voor de Kinderbescherming (Child Care and Protection Agency)

(d)
   Centraal Justitie Incasso Bureau (Central Fine Collection Agency)

  

(e)
   Openbaar Ministerie (Public Prosecution Service)

(f)
   Immigratie en Naturalisatiedienst (Immigration and Naturalisation Service)

(g)
   Nederlands Forensisch Instituut (Netherlands Forensic Institute)

(h)
   Dienst Terugkeer & Vertrek (Repatriation and Departure Agency)

8.
   Ministerie van Landbouw, Natuur en Voedselkwaliteit (Ministry of Agriculture, Nature and Food Quality):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Dienst Regelingen (DR) (National Service for the Implementation of Regulations (Agency))

(c)
   Agentschap Plantenziektenkundige Dienst (PD) (Plant Protection Service (Agency))

(d)
   Algemene Inspectiedienst (AID) (General Inspection Service)

(e)
   Dienst Landelijk Gebied (DLG) (Government Service for Sustainable Rural Development)

(f)
   Voedsel en Waren Autoriteit (VWA) (Food and Consumer Product Safety Authority)

9.
   Ministerie van Onderwijs, Cultuur en Wetenschappen (Ministry of Education, Culture and Science):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Inspectie van het Onderwijs (Inspectorate of Education)

(c)
   Erfgoedinspectie (Inspectorate of Heritage)

(d)
   Centrale Financiën Instellingen (Central Funding of Institutions Agency)

(e)
   Nationaal Archief (National Archives)

(f)
   Adviesraad voor Wetenschaps- en Technologiebeleid (Advisory Council for Science and Technology Policy)

(g)
   Onderwijsraad (Education Council)

(h)
   Raad voor Cultuur (Council for Culture)

  

10.
   Ministerie van Sociale Zaken en Werkgelegenheid (Ministry of Social Affairs and Employment):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Inspectie Werk en Inkomen (the Work and Income Inspectorate)

(c)
   Agentschap SZW (SZW Agency)

11.
   Ministerie van Verkeer en Waterstaat (Ministry of Transport, Public Works and Watermanagement):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Directoraat-Generaal Transport en Luchtvaart (Directorate-general for Transport and Civil Aviation)

(c)
   Directoraat-Generaal Personenvervoer Directorate-general for Passenger Transport)

(d)
   Directoraat-Generaal Water (Directorate-general of Water Affairs)

(e)
   Centrale Diensten (Central Services)

  

(f)
   Shared services Organisatie Verkeer en Waterstaat (Shared services Organisation Transport and Water management) (new organisation)

(g)
   Koninklijk Nederlandse Meteorologisch Instituut KNMI (Royal Netherlands Meteorological Institute)

(h)
   Rijkswaterstaat, Bestuur (Public Works and Water Management, Board)

(i)
   De afzonderlijke regionale Diensten van Rijkswaterstaat (Each individual regional service of the Directorate-General of Public Works and Water Management)

(j)
   De afzonderlijke specialistische diensten van Rijkswaterstaat (Each individual specialist service of the Directorate-General of Public Works and Water Management)

(j)
   Adviesdienst Geo-Informatie en ICT (Advisory Council for Geo-information and ICT)

(k)
   Adviesdienst Verkeer en Vervoer (AVV) (Advisory Council for Traffic and Transport)

(l)
   Bouwdienst (Service for Construction)

(m)
   Corporate Dienst (Corporate Service)

(n)
   Data ICT Dienst (Service for Data and IT)

  

(o)
   Dienst Verkeer en Scheepvaart (Service for Traffic and Ship Transport)

(p)
   Dienst Weg- en Waterbouwkunde (DWW) (Service for Road and Hydraulic Engineering)

(q)
   Rijksinstituut voor Kust en Zee (RIKZ) (National Institute for Coastal and Marine Management)

(r)
   Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA) (National Institute for Sweet Water Management and Water Treatment)

(s)
   Waterdienst (Service for Water)

(t)
   Inspectie Verkeer en Waterstaat, Hoofddirectie (Inspectorate Transport and Water Management, Main Directorate)

(u)
   Havenstaatcontrole (Port state Control)

(v)
   Directie Toezichtontwikkeling Communicatie en Onderzoek (TCO) (Directorate of Development of Supervision of Communication and Research)

(w)
   Toezichthouder Beheer Eenheid Lucht (Management Unit "Air")

  

(x)
   Toezichthouder Beheer Eenheid (Water Management Unit "Water")

(y)
   Toezichthouder Beheer Eenheid Land (Management Unit "Land")

12.
   Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Ministry for Housing, Spatial Planning and the Environment):

(a)
   Bestuursdepartement (Central policy and staff departments)

(b)
   Directoraat-generaal Wonen, Wijken en Integratie (Directorate General for Housing, Communities and Integration)

(c)
   Directoraat-generaal Ruimte (Directorate General for Spatial Policy)

(d)
   Directoraat-general Milieubeheer (Directorate General for Environmental Protection)

(e)
   Rijksgebouwendienst (Government Buildings Agency)

(f)
   VROM Inspectie (Inspectorate)

13.
   Ministerie van Volksgezondheid, Welzijn en Sport (Ministry of Health, Welfare and Sports):

(a)
   Bestuursdepartement (Central policy and staff departments)

  

(b)
   Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken (Inspectorate for Health Protection and Veterinary Public Health)

(c)
   Inspectie Gezondheidszorg (Health Care Inspectorate)

(d)
   Inspectie Jeugdhulpverlening en Jeugdbescherming (Youth Services and Youth Protection Inspectorate)

(e)
   Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) (National Institute of Public Health and Environment)

(f)
   Sociaal en Cultureel Planbureau (Social and Cultural Planning Office)

(g)
   Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen (Medicines Evaluation Board Agency)

14.
   Tweede Kamer der Staten-Generaal (Second Chamber of the States General)

15.
   Eerste Kamer der Staten-Generaal (First Chamber of the States General)

16.
   Raad van State (Council of State)

17.
   Algemene Rekenkamer (Netherlands Court of Audit)

  

18.
   Nationale Ombudsman (National Ombudsman)

19.
   Kanselarij der Nederlandse Orden (Chancellery of the Netherlands Order)

20.
   Kabinet der Koningin (Queen's Cabinet)

21.
   Raad voor de Rechtspraak en de Rechtbanken (Judicial Management and Advisory Board and Courts of Law)

AUSTRIA

1.
   Bundeskanzleramt (Federal Chancellery)

2.
   Bundesministerium für europäische und internationale Angelegenheiten (Federal Ministry for european and international Affairs)

3.
   Bundesministerium für Finanzen (Federal Ministry of Finance)

4.
   Bundesministerium für Gesundheit (Federal Ministry of Health)

5.
   Bundesministerium für Inneres (Federal Ministry of Interior)

6.
   Bundesministerium für Justiz (Federal Ministry of Justice)

7.
   Bundesministerium für Landesverteidigung und Sport (Federal Ministry of Defence and Sport)

8.
   Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Federal Ministry for Agriculture and Forestry, the Environment and Water Management)

9.
   Bundesministerium für Arbeit, Soziales und Konsumentenschutz (Federal Ministry for Employment, Social Affairs and Consumer Protection)

10.
   Bundesministerium für Unterricht, Kunst und Kultur (Federal Ministry for Education, Art and Culture)

11.
   Bundesministerium für Verkehr, Innovation und Technologie (Federal Ministry for Transport, Innovation and Technology)

12.
   Bundesministerium für Wirtschaft, Familie und Jugend (Federal Ministry for Economic Affairs, Family and Youth)

13.
   Bundesministerium für Wissenschaft und Forschung (Federal Ministry for Science and Research)

14.
   Bundesamt für Eich- und Vermessungswesen (Federal Office for Calibration and Measurement)

  

15.
   Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H (Austrian Research and Test Centre Arsenal Ltd)

16.
   Bundesanstalt für Verkehr (Federal Institute for Traffic)

17.
   Bundesbeschaffung G.m.b.H (Federal Procurement Ltd)

18.
   Bundesrechenzentrum G.m.b.H (Federal Data Processing Centre Ltd)

19.
   All other central public authorities including their regional and local sub-divisions provided that they do not have an industrial or commercial character.

POLAND

1.
   Kancelaria Prezydenta RP (Chancellery of the President)

2.
   Kancelaria Sejmu RP (Chancellery of the Sejm)

3.
   Kancelaria Senatu RP (Chancellery of the Senate)

4.
   Kancelaria Prezesa Rady Ministrów (Chancellery of the Prime Minister)

5.
   Sąd Najwyższy (Supreme Court)

  

6.
   Naczelny Sąd Administracyjny (Supreme Administrative Court)

7.
   Trybunat Konstytucyjny (Constitutional Court)

8.
   Najwyższa Izba Kontroli (Supreme Chamber of Control)

9.
   Biuro Rzecznika Praw Obywatelskich (Office of the Human Rights Defender)

10.
   Biuro Rzecznika Praw Dziecka (Office of the Children's Rigths Ombudsman)

11.
   Biuro Ochrony Rządu (Government Protection Bureau)

12.
   Biuro Bezpieczeństwa Narodowego (The National Security Office)

13.
   Centralne Biuro Antykorupcyjne (Central Anticorruption Bureau)

14.
   Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy)

15.
   Ministerstwo Finansów (Ministry of Finance)

16.
   Ministerstwo Gospodarki (Ministry of Economy)

17.
   Ministerstwo Rozwoju Regionalnego (Ministry of Regional Development)

  

18
   Ministerstwo Kultury i Dziedzictwa Narodowego (Ministry of Culture and National Heritage)

19.
   Ministerstwo Edukacji Narodowej (Ministry of National Education)

20.
   Ministerstwo Obrony Narodowej (Ministry of National Defence)

21.
   Ministerstwo Rolnictwa i Rozwoju Wsi (Ministry of Agriculture and Rural Development)

22.
   Ministerstwo Skarbu Państwa (Ministry of the State Treasury)

23.
   Ministerstwo Sprawiedliwości (Ministry of Justice)

24.
   Ministerstwo Transportu, Budownictwa i Gospodarki Morskiej (Ministry of Transport, Construction and Maritime Economy)

25.
   Ministerstwo Nauki i Szkolnictwa Wyższego (Ministry of Science and Higher Education)

26.
   Ministerstwo Środowiska (Ministry of Environment)

27.
   Ministerstwo Spraw Wewnętrznych (Ministry of Internal Affairs)

28.
   Ministrestwo Administracji i Cyfryzacji (Ministry of Administration and Digitisation)

  

29.
   Ministerstwo Spraw Zagranicznych (Ministry of Foreign Affairs)

30.
   Ministerstwo Zdrowia (Ministry of Health)

31.
   Ministerstwo Sportu i Turystyki (Ministry of Sport and Tourism)

32.
   Urząd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland)

33.
   Urząd Regulacji Energetyki (The Energy Regulatory Authority of Poland)

34.
   Urząd do Spraw Kombatantów i Osób Represjonowanych (Office for Military Veterans and Victims of Repression)

35.
   Urząd Transportu Kolejowego (Office for Railroad Transport)

36.
   Urząd Dozoru Technicznego (Office of Technical Inspection)

37.
   Urząd Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych (The Office for Registration of Medicinal Products, Medical Devices and Biocidal Products)

38.
   Urząd do Spraw Cudzoziemców (Office for Foreigners)

39.
   Urząd Zamówień Publicznych (Public Procurement Office)

  

40
   Urząd Ochrony Konkurencji i Konsumentów (Office for Competition and Consumer Protection)

41.
   Urząd Lotnictwa Cywilnego (Civil Aviation Office)

42.
   Urząd Komunikacji Elektronicznej (Office of Electronic Communication)

43.
   Wyższy Urząd Górniczy (State Mining Authority)

44.
   Główny Urząd Miar (Main Office of Measures)

45.
   Główny Urząd Geodezji i Kartografii (The Main Office of Geodesy and Cartography)

46.
   Główny Urząd Nadzoru Budowlanego (The General Office of Building Control)

47.
   Główny Urząd Statystyczny (Main Statistical Office)

48.
   Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council)

49.
   Generalny Inspektor Ochrony Danych Osobowych (Inspector General for the Protection of Personal Data)

50.
   Państwowa Komisja Wyborcza (State Election Commission)

  

51.
   Państwowa Inspekcja Pracy (National Labour Inspectorate)

52.
   Rządowe Centrum Legislacji (Government Legislation Centre)

53.
   Narodowy Fundusz Zdrowia (National Health Fund)

54.
   Polska Akademia Nauk (Polish Academy of Science)

55.
   Polskie Centrum Akredytacji (Polish Accreditation Centre)

56.
   Polskie Centrum Badań i Certyfikacji (Polish Centre for Testing and Certification)

57.
   Polska Organizacja Turystyczna (Polish National Tourist Office)

58.
   Polski Komitet Normalizacyjny (Polish Committee for Standardisation)

59.
   Zakład Ubezpieczeń Społecznych (Social Insurance Institution)

60.
   Komisja Nadzoru Finansowego (Polish Financial Supervision Authority)

61.
   Naczelna Dyrekcja Archiwów Państwowych (Head Office of State Archives)

  

62.
   Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund)

63.
   Generalna Dyrekcja Dróg Krajowych i Autostrad (The General Directorate of National Roads and Motorways)

64.
   Główny Inspektorat Ochrony Roślin i Nasiennictwa (The Main Inspectorate for the Inspection of Plant and Seeds Protection)

65.
   Komenda Główna Państwowej Straży Pożarnej (The National Headquarters of the State Fire-Service)

66.
   Komenda Główna Policji (Polish National Police)

67.
   Komenda Główna Straży Granicxnej (The Chief Boarder Guards Command)

68.
   Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych (The Main Inspectorate of Commercial Quality of Agri-Food Products)

69.
   Główny Inspektorat Ochrony Środowiska (The Main Inspectorate for Environment Protection)

70
   Główny Inspektorat Transportu Drogowego (The Main Inspectorate of Road Transport)

  

71.
   Główny Inspektorat Farmaceutyczny (The Main Pharmaceutical Inspectorate)

72.
   Główny Inspektorat Sanitarny (The Main Sanitary Inspectorate)

73.
   Główny Inspektorat Weterynarii (The Main Veterinary Inspectorate)

74.
   Agencja Bezpieczeństwa Wewnętrznego (Internal Security Agency)

75.
   Agencja Wywiadu (Foreign Intelligence Agency)

76.
   Agencja Mienia Wojskowego (Agency for Military Property)

77.
   Wojskowa Agencja Mieszkaniowa (Military Real Estate Agency)

78.
   Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for Restructuring and Modernisation of Agriculture)

79.
   Agencja Rynku Rolnego (Agriculture Market Agency)

80.
   Agencja Nieruchomości Rolnych (Agricultural Property Agency)

81.
   Państwowa Agencja Atomistyki (National Atomic Energy Agency)

  

82.
   Polska Agencja Żeglugi Powietrznej (Polish Air Navigation Services Agency)

83.
   Państwowa Agencja Rozwiązywania Problemów Alkoholowych (State Agency for Prevention of Alcohol Related Problems)

84.
   Agencja Rezerw Materiałowych (The Material Reserves Agency)

85.
   Narodowy Bank Polski (National Bank of Poland)

86.
   Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej (The National Fund for Environmental Protection and Water Management)

87.
   Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych (National Disabled Persons Rehabilitation Fund)

88.
   Instytut Pamięci Narodowej - Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu (National Remembrance Institute - Commission for Prosecution of Crimes Against the Polish Nation)

89.
   Rada Ochrony Pamięci Walk i Męczeństwa (The Committee of Protection of Memory of Combat and Martyrdom)

90.
   Służba Celna Rzeczypospolitej Polskiej (Customs Service of the Republic of Poland)

  

91.
   Państwowe Gospodarstwo Leśne "Lasy Państwowe" (State Forest Enterprise "Lasy Państwowe")

92.
   Polska Agencja Rozwoju Przedsiębiorczości (Polish Agency for Enterprise Development)

93.
   Samodzielne Publiczne Zakłady Opieki Zdrowotnej, jeśli ich organem założycielskim jest minister, centralny organ administracji rządowej lub wojewoda (Public Autonomous Health Care Management Units established by a minister, central government unit or voivoda)

PORTUGAL

1.
   Presidência do Conselho de Ministros (Presidency of the Council of Ministers)

2.
   Ministério das Finanças (Ministry of Finance)

3.
   Ministério da Defesa Nacional (Ministry of Defence)

4.
   Ministério dos Negócios Estrangeiros e das Comunidades Portuguesas (Ministry of Foreign Affairs and Portuguese Communities)

5.
   Ministério da Administração Interna (Ministry of Internal Affairs)

6.
   Ministério da Justiça (Ministry of Justice)

  

7.
   Ministério da Economia (Ministry of Economy)

8.
   Ministério da Agricultura, Desenvolvimento Rural e Pescas (Ministry of Agriculture, Rural Development and Fishing)

9.
   Ministério da Educação (Ministry of Education)

10.
   Ministério da Ciência e do Ensino Superior (Ministry of Science and University Education)

11.
   Ministério da Cultura (Ministry of Culture)

12.
   Ministério da Saúde (Ministry of Health)

13.
   Ministério do Trabalho e da Solidariedade Social (Ministry of Labour and Social Solidarity)

14.
   Ministério das Obras Públicas, Transportes e Habitação (Ministry of Public Works, Transports and Housing)

15.
   Ministério das Cidades, Ordenamento do Território e Ambiente (Ministry of Cities, Land Management and Environment)

16.
   Ministério para a Qualificação e o Emprego (Ministry for Qualification and Employment)

  

17.
   Presidência da República (Presidency of the Republic)

18.
   Tribunal Constitucional (Constitutional Court)

19.
   Tribunal de Contas (Court of Auditors)

20.
   Provedoria de Justiça (Ombudsman)

ROMANIA

1.
   Administrația Prezidențială (Presidential Administration)

2.
   Senatul României (Romanian Senate)

3.
   Camera Deputaților (Chamber of Deputies)

4.
   Înalta Curte de Casație și Justiție (Supreme Court)

5.
   Curtea Constituțională (Constitutional Court)

6.
   Consiliul Legislativ (Legislative Council)

7.
   Curtea de Conturi (Court of Accounts)

  

8.
   Consiliul Superior al Magistraturii (Superior Council of Magistracy)

9.
   Parchetul de pe lângă Înalta Curte de Casație și Justiție (Prosecutor's Office Attached to the Supreme Court)

10.
   Secretariatul General al Guvernului (General Secretariat of the Government)

11.
   Cancelaria primului ministru (Chancellery of the Prime Minister)

12.
   Ministerul Afacerilor Externe (Ministry of Foreign Affairs)

13.
   Ministerul Economiei și Finanțelor (Ministry of Economy and Finance)

14.
   Ministerul Justiției (Ministry of Justice)

15.
   Ministerul Apărării (Ministry of Defense)

16.
   Ministerul Internelor și Reformei Administrative (Ministry of Interior and Administration Reform)

17.
   Ministerul Muncii, Familiei și Egalității de Șanse (Ministry of Labour and Equal Opportunities)

  

18.
   Ministerul pentru Întreprinderi Mici și Mijlocii, Comerț, Turism și Profesii Liberale (Ministry for Small and Medium-sized Enterprises, Trade, Tourism and Liberal Professions)

19.
   Ministerul Agriculturii și Dezvoltării Rurale (Ministry of Agricultural and Rural Development)

20.
   Ministerul Transporturilor (Ministry of Transport)

21.
   Ministerul Dezvoltării, Lucrărilor Publice și Locuinței (Ministry of Development, Public, Works and Housing)

22.
   Ministerul Educației Cercetării și Tineretului (Ministry of Education, Research and Youth)

23.
   Ministerul Sănătății Publice (Ministry of Public Health)

24.
   Ministerul Culturii și Cultelor (Ministry of Culture and Religious Affairs)

25.
   Ministerul Comunicațiilor și Tehnologiei Informaţiei (Ministry of Communications and Information Technology)

26.
   Ministerul Mediului și Dezvoltării Durabile (Ministry of Environment and Sustainable Development)

  

27.
   Serviciul Român de Informații (Romanian Intelligence Service)

28.
   Serviciul Român de Informați Externe (Romanian Foreign Intelligence Service)

29.
   Serviciul de Protecție și Pază (Protection and Guard Service)

30.
   Serviciul de Telecomunicații Speciale (Special Telecommunication Service)

31.
   Consiliul Național al Audiovizualului (The National Audiovisual Council)

32.
   Consiliul Concurenței – CC (Competition Council)

33.
   Direcția Națională Anticorupție (National Anti-corruption Department)

34.
   Inspectoratul General de Poliție (General Inspectorate of Police)

35.
   Autoritatea Națională pentru Reglementarea și Monitorizarea Achizițiilor Publice (National Authority for Regulation and Monitoring Public Procurement)

36.
   Consiliul Național de Soluționare a Contestațiilor (National Council for Solving the Contests)

37.
   Autoritatea Națională de Reglementare pentru Serviciile Comunitare de Utilități Publice (ANRSC) (National Authority for Regulating Community Services Public Utilities)

  

38.
   Autoritatea Națională Sanitară Veterinară și pentru Siguranța Alimentelor (Sanitary Veterinary and Food Safety National Authority)

39.
   Autoritatea Națională pentru Protecția Consumatorilor (National Authority for Consumer Protection)

40.
   Autoritatea Navală Română (Romanian Naval Authority)

41.
   Autoritatea Feroviară Română (Romanian Railway Authority)

42.
   Autoritatea Rutieră Română (Romanian Road Authority)

43.
   Autoritatea Națională pentru Protecția Drepturilor Copilului și Adopție (National Authority for the Protection of Child Rights and Adoption)

44.
   Autoritatea Națională pentru Persoanele cu Handicap (National Authority for Disabled Persons)

45.
   Autoritatea Națională pentru Tineret (National Authority for Youth)

46.
   Autoritatea Națională pentru Cercetare Stiințifică (National Authority for Scientific Research)

47.
   Autoritatea Națională pentru Comunicații (National Authority for Communications)

  

48.
   Autoritatea Națională pentru Serviciile Societății Informaționale (National Authority for Informational Society Services)

49.
   Autoritatea Electorală Permanentă (Permanent Electoral Authority)

50.
   Agenția pentru Strategii Guvernamentale (Agency for Governmental Strategies)

51.
   Agenția Națională a Medicamentului (National Medicines Agency)

52.
   Agenția Națională pentru Sport (National Agency for Sports)

53.
   Agenția Națională pentru Ocuparea Forței de Muncă (National Agency for Employment)

54.
   Agenția Națională de Reglementare în Domeniul Energiei (National Authority for Electrical Energy Regulation)

55.
   Agenția Română pentru Conservarea Energiei (Romanian Agency for Power Conservation)

56.
   Agenția Națională pentru Resurse Minerale (National Agency for Mineral Resources)

57.
   Agenția Română pentru Investiții Străine (Romanian Agency for Foreign Investment)

58.
   Agenția Națională a Funcționarilor Publici (National Agency of Public Civil Servants)

  

59.
   Agenția Națională de Administrare Fiscală (National Agency of Fiscal Administration)

60.
   Agenția de Compensare pentru Achiziții de Tehnică Specială (Agency for Offsetting Special Technique Procurements)

61.
   Agenția Națională Anti-doping (National Anti-Doping Agency)

62.
   Agenția Nucleară (Nuclear Agency)

63.
   Agenția Națională pentru Protecția Familiei (National Agency for Family Protection)

64.
   Agenția Națională pentru Egalitatea de Șanse între Bărbați și Femei (National Authority for Equality of Chances between Men and Women)

65.
   Agenția Națională pentru Protecția Mediului (National Agency for Environmental Protection)

66.
   Agenția Națională Antidrog (National Anti-drugs Agency)

SLOVENIA

1.
   Predsednik Republike Slovenije (President of the Republic of Slovenia)

2.
   Državni zbor (The National Assembly)

  

3.
   Državni svet (The National Council)

4.
   Varuh človekovih pravic (The Ombudsman)

5.
   Ustavno sodišče (The Constitutional Court)

6.
   Računsko sodišče (The Court of Audits)

7.
   Državna revizijska komisja (The National Review Commission)

8.
   Slovenska akademija znanosti in umetnosti (The Slovenian Academy of Science and Art)

9.
   Vladne službe (The Government Services)

10.
   Ministrstvo za finance (Ministry of Finance)

11.
   Ministrstvo za notranje zadeve (Ministry of Internal Affairs)

12.
   Ministrstvo za zunanje zadeve (Ministry of Foreign Affairs)

13.
   Ministrstvo za obrambo (Ministry of Defence)

14.
   Ministrstvo za pravosodje (Ministry of Justice)

15.
   Ministrstvo za gospodarstvo (Ministry of the Economy)

16.
   Ministrstvo za kmetijstvo, gozdarstvo in prehrano (Ministry of Agriculture, Forestry and Food)

17.
   Ministrstvo za promet (Ministry of Transport)

18.
   Ministrstvo za okolje, prostor in energijo (Ministry of Environment, Spatial Planning and Energy)

19.
   Ministrstvo za delo, družino in socialne zadeve (Ministry of Labour, Family and Social Affairs)

20.
   Ministrstvo za zdravje (Ministry of Health)

21.
   Ministrstvo za visoko šolstvo, znanost in tehnogijo (Ministry of Higher Education, Science and Technology)

22.
   Ministrstvo za kulturo (Ministry of Culture)

23.
   Ministerstvo za javno upravo (Ministry of Public Administration)

24.
   Vrhovno sodišče Republike Slovenije (The Supreme Court of the Republic of Slovenia)

25.
   Višja sodišča (Higher Courts)

26.
   Okrožna sodišča (District Courts)

27.
   Okrajna sodišča (County Courts)

28.
   Vrhovno tožilstvo Republike Slovenije (The Supreme Prosecutor of the Republic of Slovenia)

29.
   Okrožna državna tožilstva (Districts' State Prosecutors)

30.
   Družbeni pravobranilec Republike Slovenije (Social Attorney of the Republic of Slovenia)

31.
   Državno pravobranilstvo Republike Slovenije (National Attorney of the Republic of Slovenia)

32.
   Upravno sodišče Republike Slovenije (Administrative Court of the Republic of Slovenia)

33.
   Senat za prekrške Republike Slovenije (Senat of Minor Offenses of the Republic of Slovenia)

34.
   Višje delovno in socialno sodišče v Ljubljani (Higher Labour and Social Court)

35.
   Delovna in sodišča (Labour Courts)

36.
   Upravne note (Local Administrative Units)

  

SLOVAKIA

Ministries and other central government authorities referred to in Act No. 575/2001 Coll. on the structure of activities of the government and central state administration authorities:

1.
   Ministerstvo hospodárstva Slovenskej republiky (Ministry of Economy of the Slovak Republic)

2.
   Ministerstvo financií Slovenskej republiky (Ministry of Finance of the Slovak Republic)

3.
   Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky (Ministry of Transport, Construction and Regional Development of the Slovak Republic)

4.
   Ministerstvo pôdohospodárstva a rozvoja vidieka Slovenskej republiky (Ministry of Agriculture and Rural Development of the Slovak Republic)

5.
   Ministerstvo vnútra Slovenskej republiky (Ministry of Interior of the Slovak Republic)

6.
   Ministerstvo obrany Slovenskej republiky (Ministry of Defence of the Slovak Republic)

7.
   Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak Republic)

  

8.
   Ministerstvo zahraničných vecí Slovenskej republiky (Ministry of Foreign Affairs of the Slovak Republic)

9.
   Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky (Ministry of Labour, Social Affairs and Family of the Slovak Republic)

10.
   Ministerstvo životného prostredia Slovenskej republiky (Ministry of Environment of the Slovak Republic)

11.
   Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky (Ministry of Education, Science, Research and Sport of the Slovak Republic)

12.
   Ministerstvo kultúry Slovenskej republiky (Ministry of Culture of the Slovak Republic)

13.
   Ministerstvo zdravotníctva Slovenskej republiky (Ministry of Health Service of the Slovak Republic)

14.
   Úrad vlády Slovenskej republiky (The Government Office of the Slovak Republic)

15.
   Protimonopolný úrad Slovenskej republiky (Antimonopoly Office of the Slovak Republic)

16.
   Štatistický úrad Slovenskej republiky (Statistical Office of the Slovak Republic)

17.
   Úrad geodézie, kartografie a katastra Slovenskej republiky (The Office of Land Surveyor, Cartography and Cadastre of the Slovak Republic)

18.
   Úrad jadrového dozoru Slovenskej republiky (Nuclear Regulatory Authority of the Slovak Republic)

19.
   Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky (Slovak Office of Standards, Metrology and Testing)

20.
   Úrad pre verejné obstarávanie (The Office for Public Procurement)

21.
   Úrad priemyselného vlastníctva Slovenskej republiky (Industrial Property Office of the Slovak Republic)

22.
   Správa štátnych hmotných rezerv Slovenskej republiky (The Administration of State Material Reserves of the Slovak Republic)

23.
   Národný bezpečnostný úrad (National Security Authority)

24.
   Kancelária Prezidenta Slovenskej republiky (The Office of the President of the Slovak Republic)

25.
   Národná rada Slovenskej republiky (National Council of the Slovak Republic)

  

26.
   Ústavný súd Slovenskej republiky (Constitutional Court of the Slovak Republic)

27.
   Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic)

28.
   Generálna prokuratúra Slovenskej republiky (Public Prosecution of the Slovak Republic)

29.
   Najvyšší kontrolný úrad Slovenskej republiky (Supreme Audit Office of the Slovak Republic)

30.
   Telekomunikačný úrad Slovenskej republiky (Telecommunications Office of the Slovak Republic)

31.
   Poštový úrad (Postal Regulatory Office)

32.
   Úrad na ochranu osobných údajov (Office for Personal Data Protection)

33.
   Kancelária verejného ochrancu práv (Ombudsman's Office)

34.
   Úrad pre finančný trh (Office for the Finance Market)

FINLAND

1.
   Oikeuskanslerinvirasto – Justitiekanslersämbetet (Office of the Chancellor of Justice)

2.
   Liikenne- ja Viestintäministeriö – Kommunikationsministeriet (Ministry of Transport and Communications):

(a)
   Viestintävirasto – Kommunikationsverket (Finnish Communications Regulatory Authority)

(b)
   Ajoneuvohallintokeskus AKE – Fordonsförvaltningscentralen AKE (Finnish Vehicle Administration)

(c)
   Ilmailuhallinto – Luftfartsförvaltningen (Finnish Civil Aviation Authority)

(d)
   Ilmatieteen laitos – Meteorologiska institutet (Finnish Meteorological Institute)

(e)
   Merenkulkulaitos – Sjöfartsverket (The Finnish Maritime Administration)

(f)
   Merentutkimuslaitos – Havsforskningsinstitutet (Finnish Institute of Marine Research)

(g)
   Ratahallintokeskus RHK – Banförvaltningscentralen RHK (Rail Administration)

(h)
   Rautatievirasto – Järnvägsverket (Finnish Railway Agency)

(i)
   Tiehallinto – Vägförvaltningen (Road Administration)

3.
   Maa- ja Metsätalousministeriö – Jord- Och Skogsbruksministeriet (Ministry of Agriculture and Forestry):

(a)
   Elintarviketurvallisuusvirasto – Livsmedelssäkerhetsverket (Finnish Food Safety Authority)

(b)
   Maanmittauslaitos – Lantmäteriverket (National Land Survey of Finland)

(c)
   Maaseutuvirasto – Landsbygdsverket (The Countryside Agency)

4.
   Oikeusministeriö – Justitieministeriet (Ministry of Justice):

(a)
   Tietosuojavaltuutetun toimisto – Dataombudsmannens byrå (Office of the Data Protection Ombudsman)

(b)
   Tuomioistuimet – Domstolar (Courts of Law)

(c)
   Korkein oikeus – Högsta domstolen (Supreme Court)

(d)
   Korkein hallinto-oikeus – Högsta förvaltningsdomstolen (Supreme Administrative Court)

(e)
   Hovioikeudet – hovrätter (Courts of Appeal)

(f)
   Käräjäoikeudet – tingsrätter (District Courts)

(g)
   Hallinto-oikeudet – förvaltningsdomstolar (Administrative Courts)

(h)
   Markkinaoikeus – Marknadsdomstolen (Market Court)

(i)
   Työtuomioistuin – Arbetsdomstolen (Labour Court)

(j)
   Vakuutusoikeus – Försäkringsdomstolen (Insurance Court)

(k)
   Kuluttajariitalautakunta – Konsumenttvistenämnden (Consumer Complaint Board)

(l)
   Vankeinhoitolaitos – Fångvårdsväsendet (Prison Service)

(m)
   HEUNI – Yhdistyneiden Kansakuntien yhteydessä toimiva Euroopan kriminaalipolitiikan instituutti – HEUNI – Europeiska institutet för kriminalpolitik, verksamt i anslutning till Förenta Nationerna (the European Institute for Crime Prevention and Control)

(n)
   Konkurssiasiamiehen toimisto – Konkursombudsmannens byrå (Office of Bankrupcy Ombudsman)

(o)
   Oikeushallinnon palvelukeskus – Justitieförvaltningens servicecentral (Legal Management Service)

(p)
   Oikeushallinnon tietotekniikkakeskus – Justitieförvaltningens datateknikcentral (Legal Administrative Computing Center)

(q)
   Oikeuspoliittinen tutkimuslaitos (Optula) – Rättspolitiska forskningsinstitutet (Legal Policy Institute)

(r)
   Oikeusrekisterikeskus – Rättsregistercentralen (Legal Register Centre)

(s)
   Onnettomuustutkintakeskus – Centralen för undersökning av olyckor (Accident Investigation Board)

(t)
   Rikosseuraamusvirasto – Brottspåföljdsverket (Criminal sanctions Agency)

(u)
   Rikosseuraamusalan koulutuskeskus – Brottspåföljdsområdets utbildningscentral (Training Institute for Prison and Probation Services)

(v)
   Rikoksentorjuntaneuvosto Rådet för brottsförebyggande (National Council for Crime Prevention)

(w)
   Saamelaiskäräjät – Sametinget (The Saami Parliament)

(x)
   Valtakunnansyyttäjänvirasto – Riksåklagarämbetet (the Office of the Prosecutor General)

  

5.
   Opetusministeriö – Undervisningsministeriet (Ministry of Education):

(a)
   Opetushallitus – Utbildningsstyrelsen (National Board of Education)

(b)
   Valtion elokuvatarkastamo – Statens filmgranskningsbyrå (Finnish Board of Film Classification)

6.
   Puolustusministeriö – Försvarsministeriet (Ministry of Defence):

(a)
   Puolustusvoimat – Försvarsmakten (Finnish Defence Forces)

7.
   Sisäasiainministeriö – Inrikesministeriet (Ministry of the Interior):

(a)
   Keskusrikospoliisi – Centralkriminalpolisen (Central Criminal Police)

(b)
   Liikkuva poliisi – Rörliga polisen (National Traffic Police)

(c)
   Rajavartiolaitos – Gränsbevakningsväsendet (Frontier Guard)

(d)
   Suojelupoliisi – Skyddspolisen (Police protection)

(e)
   Poliisiammattikorkeakoulu – Polisyrkeshögskolan (Police College)

(f)
   Poliisin tekniikkakeskus – Polisens teknikcentral (Police Technical Centre)

(g)
   Pelastusopisto – Räddningsverket (Emergency Services)

(h)
   Hätäkeskuslaitos – Nödcentralsverket (Emergency Response Centre)

(i)
   Maahanmuuttovirasto – Migrationsverket (Immigration Authority)

(j)
   Sisäasiainhallinnon palvelukeskus – Inrikesförvaltningens servicecentral (Interior Management Service)

(k)
   Helsingin kihlakunnan poliisilaitos – Polisinrättningen i Helsingfors (Helsinki Police Department)

(l)
   Valtion turvapaikanhakijoiden vastaanottokeskukset – Statliga förläggningar för asylsökande (Reception centres for Asylum Seekers)

8.
   Sosiaali- Ja Terveysministeriö – Social- Och Hälsovårdsministeriet (Ministry of Social Affairs and Health):

(a)
   Työttömyysturvalautakunta – Besvärsnämnden för utkomstskyddsärenden (Unemployment Appeal Board)

  

(b)
   Sosiaaliturvan muutoksenhakulautakunta – Besvärsnämnden för socialtrygghet (Appeal Tribunal)

(c)
   Lääkelaitos – Läkemedelsverket (National Agency for Medicines)

(d)
   Terveydenhuollon oikeusturvakeskus – Rättsskyddscentralen för hälsovården (National Authority for Medicolegal Affairs)

(e)
   Säteilyturvakeskus – Strålsäkerhetscentralen (Finnish Centre for Radiation and Nuclear Safety)

(f)
   Kansanterveyslaitos – Folkhälsoinstitutet (National Public Health Institute)

(g)
   Lääkehoidon kehittämiskeskus ROHTO – Utvecklingscentralen för läkemedelsbehandling (Centre for Pharmacotherapy Development ROHTO)

(h)
   Sosiaali- ja terveydenhuollon tuotevalvontakeskus – Social- och hälsovårdens produkttillsynscentral (the National Product Control Agency's SSTV)

(i)
   Sosiaali- ja terveysalan tutkimus- ja kehittämiskeskus Stakes – Forsknings- och utvecklingscentralen för social- och hälsovården Stakes (Health and Social Care Research and Development Center STAKES)

  

9.
   Työ- Ja Elinkeinoministeriö – Arbets- Och Näringsministeriet (Ministry of Employment and the Economy):

(a)
   Kuluttajavirasto – Konsumentverket (Finnish Consumer Agency)

(b)
   Kilpailuvirasto – Konkurrensverket (Finnish Competition Authority)

(c)
   Patentti- ja rekisterihallitus – Patent- och registerstyrelsen (National Board of Patents and Registration)

(d)
   Valtakunnansovittelijain toimisto – Riksförlikningsmännens byrå (National Conciliators' Office)

(e)
   Työneuvosto – Arbetsrådet (Labour Council)

(f)
   Energiamarkkinavirasto − Energimarknadsverket (Energy Market Authority)

(g)
   Geologian tutkimuskeskus – Geologiska forskningscentralen (Geological Survey of Finland)

(h)
   Huoltovarmuuskeskus – Försörjningsberedskapscentralen (The National Emergency Supply Agency)

  

(i)
   Kuluttajatutkimuskeskus – Konsumentforskningscentralen (National Consumer Research Center)

(j)
   Matkailun edistämiskeskus – MEK – Centralen för turistfrämjande (Finnish Tourist Board)

(k)
   Mittatekniikan keskus – MIKES – Mätteknikcentralen (Centre for Metrology)

(l)
   Tekes – teknologian ja innovaatioiden kehittämiskeskus −Tekes – utvecklingscentralen för teknologi och innovationer (Finnish Funding Agency for Technology and Innovation)

(m)
   Turvatekniikan keskus – TUKES – Säkerhetsteknikcentralen (Safety Technology Authority)

(n)
   Valtion teknillinen tutkimuskeskus – VTT – Statens tekniska forskningscentral (VTT Technical Research Centre of Finland)

(o)
   Syrjintälautakunta – Nationella diskrimineringsnämnden (Discrimination Tribunal)

(p)
   Vähemmistövaltuutetun toimisto – Minoritetsombudsmannens byrå (Office of the Ombudsman for Minorities)

  

10.
   Ulkoasiainministeriö – utrikesministeriet (Ministry for Foreign Affairs)

11.
   Valtioneuvoston kanslia – statsrådets kansli (Prime Minister's Office)

12.
   Valtiovarainministeriö – finansministeriet (Ministry of Finance):

(a)
   Valtiokonttori – Statskontoret (State Treasury)

(b)
   Verohallinto – Skatteförvaltningen (Tax Administration)

(c)
   Tullilaitos – Tullverket (Customs)

(d)
   Tilastokeskus – Statistikcentralen (Statistics Finland)

(e)
   Valtiontaloudellinen tutkimuskeskus – Statens ekonomiska forskiningscentral (Government Institute for Economic Research)

(f)
   Väestörekisterikeskus – Befolkningsregistercentralen (Population Register Centre)

13.
   Ympäristöministeriö – Miljöministeriet (Ministry of Environment):

(a)
   Suomen ympäristökeskus – Finlands miljöcentral (Finnish Environment Institute)

14.
   Valtiontalouden Tarkastusvirasto – Statens Revisionsverk (National Audit Office)

  

SWEDEN

1.
   Akademien för de fria konsterna (Royal Academy of Fine Arts)

2.
   Allmänna reklamationsnämnden (National Board for Consumer Complaints)

3.
   Arbetsdomstolen (Labour Court)

4.
   Arbetsförmedlingen (Swedish Employment Services)

5.
   Arbetsgivarverk, statens (National Agency for Government Employers)

6.
   Arbetslivsinstitutet (National Institute for Working Life)

7.
   Arbetsmiljöverket (Swedish Work Environment Authority)

8.
   Arvsfondsdelegationen (Swedish Inheritance Fund Commission)

9.
   Arkitekturmuseet (Museum of Architecture)

10.
   Ljud och bildarkiv, statens (National Archive of Recorded Sound and Moving Images)

11.
   Barnombudsmannen (The Office of the Childrens' Ombudsman)

  

12.
   Beredning för utvärdering av medicinsk metodik, statens (Swedish Council on Technology Assessment in Health Care)

13.
   Kungliga Biblioteket (Royal Library)

14.
   Biografbyrå, statens (National Board of Film Censors)

15.
   Biografiskt lexikon, svenskt (Dictionary of Swedish Biography)

16.
   Bokföringsnämnden (Swedish Accounting Standards Board)

17.
   Bolagsverket (Swedish Companies Registration Office)

18.
   Bostadskreditnämnd, statens (BKN) (National Housing Credit Guarantee Board)

19.
   Boverket (National Housing Board)

20.
   Brottsförebyggande rådet (National Council for Crime Prevention)

21.
   Brottsoffermyndigheten (Criminal Victim Compensation and Support Authority)

22.
   Centrala studiestödsnämnden (National Board of Student Aid)

  

23.
   Datainspektionen (Data Inspection Board)

24.
   Departementen (Ministries - Government Departments)

25.
   Domstolsverket (National Courts Administration)

26.
   Elsäkerhetsverket (National Electrical Safety Board)

27.
   Energimarknadsinspektionen (Swedish Energy Markets Inspectorate)

28.
   Exportkreditnämnden (Export Credits Guarantee Board)

29.
   Finanspolitiska rådet (Swedish Fiscal Policy Council)

30.
   Finansinspektionen (Financial Supervisory Authority)

31.
   Fiskeriverket (National Board of Fisheries)

32.
   Folkhälsoinstitut, statens (National Institute of Public Health)

33.
   Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas (Swedish Research Council for Environment)

34.
   Fortifikationsverket (National Fortifications Administration)

35.
   Medlingsinstitutet (National Mediation Office)

36.
   Försvarets materielverk (Defence Material Administration)

37.
   Försvarets radioanstalt (National Defence Radio Institute)

38.
   Försvarshistoriska museer, statens (Swedish Museums of Military History)

39.
   Försvarshögskolan (National Defence College)

40.
   Försvarsmakten (The Swedish Armed Forces)

41.
   Försäkringskassan (Social Insurance Office)

42.
   Geologiska undersökning, Sveriges (Geological Survey of Sweden)

43.
   Geotekniska institut, statens (Geotechnical Institute)

44.
   Glesbygdsverket (The National Rural Development Agency)

  

45.
   Grafiska institutet och institutet för högre kommunikations- och reklamutbildning (Graphic Institute and the Graduate School of Communications)

46.
   Granskningsnämnden för Radio och TV (The Swedish Broadcasting Commission)

47.
   Handelsflottans kultur- och fritidsråd (Swedish Government Seamen's Service)

48.
   Handikappombudsmannen (Ombudsman for the Disabled)

49.
   Haverikommission, statens (Board of Accident Investigation)

50.
   Hovrätterna (6) (Courts of Appeal (6))

51.
   Hyres- och arendenämnder (12) (Regional Rent and Tenancies Tribunals (12))

52.
   Hälso- och sjukvårdens ansvarsnämnd (Committee on Medical Responsibility)

53.
   Högskoleverket (National Agency for Higher Education)

54.
   Högsta domstolen (Supreme Court)

55.
   Institut för psykosocial miljömedicin, statens (National Institute for Psycho-Social Factors and Health)

  

56.
   Institut för tillväxtpolitiska studier (National Institute for Regional Studies)

57.
   Institutet för rymdfysik (Swedish Institute of Space Physics)

58.
   Internationella programkontoret för utbildningsområdet (International Programme Office for Education and Training)

59.
   Migrationsverket (Swedish Migration Board)

60.
   Jordbruksverk, statens (Swedish Board of Agriculture)

61.
   Justitiekanslern (Office of the Chancellor of Justice)

62.
   Jämställdhetsombudsmannen (Office of the Equal Opportunities Ombudsman)

63.
   Kammarkollegiet (National Judicial Board of Public Lands and Funds)

64.
   Kammarrätterna (4) (Administrative Courts of Appeal (4))

65.
   Kemikalieinspektionen (National Chemicals Inspectorate)

66.
   Kommerskollegium (National Board of Trade)

  

67.
   Verket för innovationssystem (VINNOVA) (Swedish Agency for Innovation Systems)

68.
   Konjunkturinstitutet (National Institute of Economic Research)

69.
   Konkurrensverket (Swedish Competition Authority)

70.
   Konstfack (College of Arts, Crafts and Design)

71.
   Konsthögskolan (College of Fine Arts)

72.
   Nationalmuseum (National Museum of Fine Arts)

73.
   Konstnärsnämnden (Arts Grants Committee)

74.
   Konstråd, statens (National Art Council)

75.
   Konsumentverket (National Board for Consumer Policies)

76.
   Kriminaltekniska laboratorium, statens (National Laboratory of Forensic Science)

77.
   Kriminalvården (Prison and Probation Service)

78.
   Kriminalvårdsnämnden (National Paroles Board)

  

79.
   Kronofogdemyndigheten (Swedish Enforcement Authority)

80.
   Kulturråd, statens (National Council for Cultural Affairs)

81.
   Kustbevakningen (Swedish Coast Guard)

82.
   Lantmäteriverket (National Land Survey)

83.
   Livrustkammaren/Skoklosters slott/ Hallwylska museet (Royal Armoury)

84.
   Livsmedelsverk, statens (National Food Administration)

85.
   Lotteriinspektionen (The National Gaming Board)

86.
   Medical Products Agency (Läkemedelsverket)

87.
   Länsrätterna (24) (County Administrative Courts (24))

88.
   Länsstyrelserna (24) (County Administrative Boards (24))

89.
   Pensionsverk, statens (National Government Employee and Pensions Board)

90.
   Marknadsdomstolen (Market Court)

  

91.
   Meteorologiska och hydrologiska institut, Sveriges (Swedish Meteorological and Hydrological Institute)

92.
   Moderna museet (Modern Museum)

93.
   Musiksamlingar, statens (Swedish National Collections of Music)

94.
   Myndigheten för handikappolitisk samordning (Swedish Agency for Disability Policy Coordination)

95.
   Myndigheten för nätverk och samarbete inom högre utbildning (Swedish Agency for Networks and Cooperation in Higher Education)

96.
   Nämnden för statligt stöd till trossamfun (Commission for state grants to religious communities)

97.
   Naturhistoriska riksmuseet (Museum of Natural History)

98.
   Naturvårdsverket (National Environmental Protection Agency)

99.
   Nordiska Afrikainstitutet (Scandinavian Institute of African Studies)

100.
   Nordiska högskolan för folkhälsovetenskap (Nordic School of Public Health)

  

101.
   Notarienämnden (Recorders Committee)

102.
   Myndigheten för internationella adoptionsfrågor (Swedish National Board for Intra Country Adoptions)

103.
   Verket för näringslivsutveckling (NUTEK) (Swedish Agency for Economic and Regional Growth)

104.
   Ombudsmannen mot etnisk diskriminering (Office of the Ethnic Discrimination Ombudsman)

105.
   Patentbesvärsrätten (Court of Patent Appeals)

106.
   Patent- och registreringsverket (Patents and Registration Office)

107.
   Personadressregisternämnd statens, SPAR-nämnden (Swedish Population Address Register Board)

108.
   Polarforskningssekretariatet (Swedish Polar Research Secretariat)

109.
   Presstödsnämnden (Press Subsidies Council)

110.
   Rådet för Europeiska socialfonden i Sverige (The Council of the European Social Fund in Sweden)

  

111.
   Radio- och TV-verket (The Swedish Radio and TV Authority)

112.
   Regeringskansliet (Government Offices)

113.
   Regeringsrätten (Supreme Administrative Court)

114.
   Riksantikvarieämbetet (Central Board of National Antiquities)

115.
   Riksarkivet (National Archives)

116.
   Riksbanken (Bank of Sweden)

117.
   Riksdagsförvaltningen (Parliamentary Administrative Office)

118.
   Riksdagens ombudsmän, JO (The Parliamentary Ombudsmen)

119.
   Riksdagens revisorer (The Parliamentary Auditors)

120.
   Riksgäldskontoret (National Debt Office)

121.
   Rikspolisstyrelsen (National Police Board)

  

122.
   Riksrevisionen (National Audit Bureau)

123.
   Riksutställningar, Stiftelsen (Travelling Exhibitions Service)

124.
   Rymdstyrelsen (National Space Board)

125.
   Forskningsrådet för arbetsliv och socialvetenskap (Swedish Council for Working Life and Social Research)

126.
   Räddningsverk, statens (National Rescue Services Board)

127.
   Rättshjälpsmyndigheten (Regional Legal-aid Authority)

128.
   Rättsmedicinalverket (National Board of Forensic Medicine)

129.
   Sameskolstyrelsen och sameskolor (Sami (Lapp) School Board and Sami (Lapp) Schools)

130.
   Sjöfartsverket (National Maritime Administration)

131.
   Maritima museer, statens (National Maritime Museums)

132.
   Säkerhets- och intregritetsskyddsnämnden (Swedish Commission on Security and Integrity Protection)

  

133.
   Skatteverket (Swedish Tax Agency)

134.
   Skogsstyrelsen (National Board of Forestry)

135.
   Skolverk, statens (National Agency for Education)

136.
   Smittskyddsinstitutet (Swedish Institute for Infectious Disease Control)

137.
   Socialstyrelsen (National Board of Health and Welfare)

138.
   Sprängämnesinspektionen (National Inspectorate of Explosives and Flammables)

139.
   Statistiska centralbyrån (Statistics Sweden)

140.
   Statskontoret (Agency for Administrative Development)

141.
   Strålsäkerhetsmyndigheten (Swedish Radiation Safety Authority)

142.
   Styrelsen för internationellt utvecklingssamarbete, SIDA (Swedish International Development Cooperation Authority)

143.
   Styrelsen för psykologiskt försvar (National Board of Psychological Defence and Conformity Assessment)

144.
   Styrelsen för ackreditering och teknisk kontroll (Swedish Board for Accreditation)

145.
   Svenska Institutet, stiftelsen (Swedish Institute)

146.
   Talboks- och punktskriftsbiblioteket (Library of Talking Books and Braille Publications)

147.
   Tingsrätterna (97) (District and City Courts (97))

148.
   Tjänsteförslagsnämnden för domstolsväsendet (Judges Nomination Proposal Committee)

149.
   Totalförsvarets pliktverk (Armed Forces' Enrolment Board)

150.
   Totalförsvarets forskningsinstitut (Swedish Defence Research Agency)

151.
   Tullverket (Swedish Board of Customs)

152.
   Turistdelegationen (Swedish Tourist Authority)

153.
   Ungdomsstyrelsen (The National Board of Youth Affairs)

154.
   Universitet och högskolor (Universities and University Colleges)

155.
   Utlänningsnämnden (Aliens Appeals Board)

  

156.
   Utsädeskontroll, statens (National Seed Testing and Certification Institute)

157.
   Vägverket (Swedish National Road Administration)

158.
   Vatten- och avloppsnämnd, statens (National Water Supply and Sewage Tribunal)

159.
   Verket för högskoleservice (VHS) (National Agency for Higher Education)

160.
   Verket för näringslivsutveckling (NUTEK) (Swedish Agency for Economic and Regional Development)

161.
   Vetenskapsrådet (Swedish Research Council)

162.
   Veterinärmedicinska anstalt, statens (National Veterinary Institute)

163.
   Väg- och transportforskningsinstitut, statens (Swedish National Road and Transport Research Institute)

164.
   Växtsortnämnd, statens (National Plant Variety Board)

165.
   Åklagarmyndigheten (Swedish Prosecution Authority)

166.
   Krisberedskapsmyndigheten (Swedish Emergency Management Agency)

167.
   Överklagandenämnden för nämndemannauppdrag (Board of Appeals of the Manna Mission)

  

NOTES TO SECTION A

1.
   The listed contracting authorities of the Member States of the European Union also cover any subordinated entity of those contracting authorities provided it does not have separate legal personality.

2.
   Procurement by entities in the field of defence and security is only covered with regard to non‑sensitive and non-warlike materials listed in Section D.

SECTION B

SUB-CENTRAL GOVERNMENT ENTITIES

1.
   Unless otherwise provided for in this Annex and subject to the General Notes in Section H, Chapter 21 (Public Procurement) applies to the procuring entities covered by paragraph 2 if the value of the supplies is equal to or exceeds the following thresholds:

(a)
   200 000 SDR for goods specified in Section D and services specified in Section E; and

(b)
   5 000 000 SDR for construction services specified in Section F.

  

2.
   The procuring entities covered by this Section are all regional contracting authorities of the Member States of the administrative units listed in the categories of NUTS 1 and NUTS 2 in the common classification of territorial units for statistics ("NUTS") established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003
[5](#footnote5)
.

Notes to Section B

1.
   The European Union shall provide to Mexico an offer for extending the coverage of procuring entities of this Section immediately after the receipt of the offer that Mexico has provided in accordance with paragraph 13 of the Notes to Section B in Annex 21-B (Covered Procurement of Mexico).

2.
   Following the exchange of offers referred to in subparagraph 1, the Sub-Committee on Public Procurement established by paragraph (j) of Article 33.4.1 (Sub-Committees and Other Bodies) shall assess the equivalence of the mutually granted market access and, if the representatives of the Parties to that subcommittee consider the offered market access as equivalent, prepare for the Trade Council, in accordance with subparagraph (b) of Article 21.19 (Sub-Committee on Public Procurement), a decision that provides for the necessary modifications to this Section.

3.
   The Trade Council shall adopt the decision modifying this Section within six months, subject to the completion of each Party's internal procedures.

  

SECTION C

OTHER ENTITIES

1.
   Unless otherwise provided for in this Annex and subject to the Notes to this Section and the General Notes in Section H, Chapter 21 (Public Procurement) applies to the procuring entities covered by paragraph 2 if the value of the supplies is equal to or exceeds the following thresholds:

(a)
   400 000 SDR for goods specified in Section D and services specified in Section E; and

(b)
   5 000 000 SDR for construction works specified in Section F.

  

2.
   This Section covers all procuring entities whose procurement is covered by Directive 2014/25/EU of the European Parliament and the Council
[6](#footnote6)
 which are contracting authorities pursuant to that Directive, including those covered under Section A or B, or qualify as public undertakings
[7](#footnote7)
, and which have as one of their activities any of those referred to belowor any combination thereof:

(a)
   the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks;

(b)
   the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks;

(c)
   the provision of airport or other terminal facilities to carriers by air;

  

(d)
   the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway; or

(e)
   the provision or operation of networks
[8](#footnote8)
 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable.

NOTES TO SECTION C

1.
   Contracts awarded for the pursuit of an activity listed in subparagraphs 2(a) to 2(e) of Section C are not covered by Chapter 21 (Public Procurement) if the activity is exposed to competition in the market concerned.

2.
   Chapter 21 (Public Procurement) does not apply to contracts awarded by procuring entities covered under this Section:

(a)
   for the purchase of water and for the supply of energy or of fuels for the production of energy;

(b)
   for purposes other than the pursuit of their activities as listed in subparagraphs 2(a) to 2(e) of Section C or for the pursuit of such activities in a country outside the European Economic Area; or

  

(c)
   for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity.

3.
   The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting authority shall not be considered as an activity within the meaning of Note 2(a) or 2(b) if:

(a)
   the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that listed in subparagraphs 2(a) to 2(e) of Section C; and

(b)
   supply to the public network depends only on the entity's own consumption and has not exceeded 30 % of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.

  

4.
   Provided that at least 80 % of the average turnover of the affiliated enterprise with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to enterprises with which it is affiliated
[9](#footnote9)
, Chapter 21 (Public Procurement) does not apply to service or supply contracts awarded:

(a)
   by a procuring entity to an affiliated enterprise
[10](#footnote10)
; or

(b)
   by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of subparagraphs 2(a) to 2(e) of Section C, to an enterprise which is affiliated with one of these procuring entities.

  

5.
   Provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period, Chapter 21 (Public Procurement) does not apply to contracts awarded:

(a)
   by a joint venture, formed exclusively by a number of procuring entities for the purposes of carrying out activities listed in subparagraphs 2(a) to 2(e) of Section C, to one of these procuring entities; or

(b)
   by a procuring entity to such a joint venture of which it forms part.

SECTION D

GOODS

1.
   Unless otherwise provided for in this Annex and subject to the General Notes in Section H, Chapter 21 (Public Procurement) covers the procurement of all goods procured by the procuring entities specified in Sections A to C.

  

2.
   Notwithstanding paragraph 1, for goods procured by Ministries of Defence and Agencies for defence or security activities in Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden Chapter 21 (Public Procurement) covers only the goods that are described in the Chapters of the Combined Nomenclature specified below:

Chapter 25: Salt; sulphur; earths and stone; plastering materials, lime and cement

Chapter 26: Ores, slag and ash

Chapter 27: Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

except:

ex 27.10: special engine fuels

Chapter 28: Inorganic chemicals; organic and inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes

except:

ex 2808: explosives

  

ex 2813: explosives

ex 2814: tear gas

ex 2825: explosives

ex 2829: explosives

ex 2834: explosives

ex 2844: toxic products

ex 2845: toxic products

ex 2847: explosives

ex 2852: toxic products

ex 2853: toxic products

Chapter 29: Organic chemicals

except:

ex 2904: explosives

ex 2905: explosives

ex 2908: explosives

ex 2909: explosives

ex 2912: explosives

ex 2913: explosives

ex 2914: toxic products

ex 2915: toxic products

ex 2916: toxic products

ex 2920: toxic products

ex 2921: toxic products

ex 2922: toxic products

ex 2933: explosives

ex 2926: toxic products

ex 2928: explosives

  

Chapter 30: Pharmaceutical products

Chapter 31: Fertilizers

Chapter 32: Tanning or dyeing extracts; tannings and their derivatives; dyes, pigments and other colouring matter; paints and varnishes, putty and other mastics; inks

Chapter 33: Essential oils and resinoids, perfumery, cosmetic or toilet preparations

Chapter 34: Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster

Chapter 35: Albuminoidal substances; modified starches; glues; enzymes

Chapter 37: Photographic and cinematographic goods

Chapter 38: Miscellaneous chemical products

except:

ex 3824: toxic products

  

Chapter 39: Plastics and articles thereof

except:

ex 3912: explosives

Chapter 40: Rubber and articles thereof

except:

ex 4011: bullet-proof tyres

Chapter 41: Raw hides and skins (other than furskins) and leather

Chapter 42: Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)

Chapter 43: Furskins and artificial fur; manufactures thereof

Chapter 44: Wood and articles of wood; wood charcoal

Chapter 45: Cork and articles of cork

  

Chapter 46: Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork

Chapter 47: Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

Chapter 48: Paper and paperboard; articles of paper pulp, of paper or of paperboard

Chapter 49: Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

Chapter 65: Headgear and parts thereof

Chapter 66: Umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding-crops and parts thereof

Chapter 67: Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

Chapter 68: Articles of stone, plaster, cement, asbestos, mica or similar materials

Chapter 69: Ceramic products

Chapter 70: Glass and glassware

  

Chapter 71: Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

Chapter 73: Articles of iron or steel

Chapter 74: Copper and articles thereof

Chapter 75: Nickel and articles thereof

Chapter 76: Aluminium and articles thereof

Chapter 77: Magnesium and beryllium and article thereof

Chapter 78: Lead and articles thereof

Chapter 79: Zinc and articles thereof

Chapter 80: Tin and articles thereof

Chapter 81: Other base metals; cermets; and articles thereof

  

Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal

except:

ex 8207: tools of base metal

ex 8209: tools and parts thereof of base metal

Chapter 83: Miscellaneous articles of base metal

Chapter 84: Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof

except:

8407: engines

8408: engines

ex 8411: other engines

ex 8412: other engines

ex 8458: machinery

  

ex 8486: machinery

ex 8471: automatic data-processing machines

ex 8473: parts of machines under heading 8471

ex 8401: nuclear reactors

Chapter 85: Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

except:

ex 8517: telecommunication equipment

ex 8525: transmission apparatus

ex 8527: transmission apparatus

  

Chapter 86: Railway or tramway locomotives, rolling stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof, mechanical (including electromechanical) traffic signalling equipment of all kinds

except:

ex 8601: armoured locomotives, electric

ex 8603: other armoured locomotives

ex 8605: wagons

ex 8604: repair wagons

Chapter 87: Vehicles other than railway or tramway rolling stock, and parts and accessories thereof

except:

8710: tanks and other armoured vehicles

8701: tractors

ex 8702: military vehicles

ex 8705: breakdown lorries

  

ex 8711: motorcycles

ex 8716: trailers

Chapter 89: Ships, boats and floating structures

except:

ex 8906: warships

Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus and parts thereof

except:

ex 9005: binoculars

ex 9013: miscellaneous instruments, lasers

ex 9014: telemeters

ex 9028: electrical and electronic measuring instruments

ex 9030: electrical and electronic measuring instruments

ex 9031: electrical and electronic measuring instruments

ex 9012: microscopes

ex 9018: medical instruments

ex 9019: mechano-therapy appliances

ex 9021: orthopaedic appliances

ex 9022: X-ray apparatus

Chapter 91: Clocks and watches and parts thereof

Chapter 92: Musical instruments; parts and accessories of such articles

Chapter 94: Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated nameplates and the like; prefabricated buildings

except:

ex 9401: aircraft seats

  

Chapter 95: Articles and manufactures of carving or mpudling material

Chapter 96: Miscellaneous manufactured articles

SECTION E

SERVICES

Unless otherwise provided for in this Annex and subject to the Notes to this Section and the General Notes in Section H, Chapter 21 (Public Procurement) covers with regard to procurement by procuring entities specified in Sections A to C the following services, identified in accordance with the United Nations Provisional Central Product Classification (CPC), as contained in document MTN.GNS/W/120:

|  |  |
| --- | --- |
| Services | CPC Reference No. |
| Maintenance and repair services | 6112, 6122, 633, 886 |
| Land transport services, including armoured car services, and courier services, except transport of mail | 712 (except 71235), 7512, 87304 |
| Air transport services of passengers and freight, except transport of mail | 73 (except 7321) |
| Transport of mail by land, except rail, and by air | 71235, 7321 |
| Telecommunications services | 752 |
| Financial services | ex 81 |
| (a)    Insurance services | 812, 814 |
| (b)    Banking and investment services |  |
| Computer and related services | 84 |
| Accounting, auditing and bookkeeping services | 862 |
| Market research and public opinion polling services | 864 |
| Management consulting services and related services | 865, 866 |
| Architectural services; engineering services and integrated engineering services, urban planning and landscape architectural services; related scientific and technical consulting services; technical testing and analysis services | 867 |
| Advertising services | 871 |
| Building-cleaning services and property management services | 874, 82201 to 82206 |
| Publishing and printing services on a fee or contract basis | 88442 |
| Sewage and refuse disposal, sanitation and similar services | 94 |

NOTES TO SECTION E

1.
   Procurement by procuring entities specified in Sections A to C of any of the services covered under this Section is a covered procurement with regard to Mexico's provider of service only to the extent that Mexico has covered that service under Section E (Services) of Annex 21-B (Covered Procurement of Mexico).

  

2.
   Chapter 21 (Public Procurement) does not apply to services which entities have to procure from another entity pursuant to an exclusive right established by a published law, regulation or administrative provision.

3.
   With regard to banking and investment services, Chapter 21 (Public Procurement) does not apply to the procurement or acquisition of fiscal agency or depository services, liquidation, and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities. In Sweden, payments to and from governmental agencies shall be transacted through the Swedish Postal Giro System (Postgiro).

4.
   With regard to services covered by CPC 866, Chapter 21 (Public Procurement) does not apply to arbitration and conciliation services.

SECTION F

CONSTRUCTION SERVICES

1.
   For the purposes of this Annex, "construction services contract" means a contract which has as its objective the realisation by whatever means of civil or building works, in the sense of Division 51 of the CPC.

  

2.
   Unless otherwise provided for in this Annex and subject to the General Notes in Section H, Chapter 21 (Public Procurement) covers all construction services procured by procuring entities specified in Sections A to C, which are listed in Division 51 of the CPC.

SECTION G

WORKS CONCESSIONS

1.
   For the purposes of this Annex, "works concession" means a contract for pecuniary interest concluded in writing by means of which procuring entities entrust the execution of works to one or more economic operators the consideration for which consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment. The award of a works concession shall involve the transfer to the economic operators of an operating risk in exploiting those works encompassing demand or supply risk or both. The recoup of the investments made or the costs incurred in operating the works should not be guaranteed.

2.
   Unless otherwise provided for in this Annex and subject to the Notes to this Section and the General Notes in Section H, the following provisions of Chapter 21 (Public Procurement) apply to works concessions awarded by procuring entities listed in Section A:

(a)
   Article 21.1 (Definitions);

  

(b)
   Article 21.2 (Scope and Coverage), except paragraphs 7 and 8;

(c)
   Article 21.3 (Security and General Exceptions);

(d)
   Article 21.4 (General Principles), except paragraph 4;

(e)
   Article 21.5 (Information on the Procurement System);

(f)
   Article 21.6 (Notices), except subparagraphs 2(c) and 2(e) and paragraphs 4 and 5;

(g)
   Article 21.7 (Conditions for Participation);

(h)
   Article 21.9 (Technical Specifications and Tender Documentation);

(i)
   paragraph 1 of Article 21.10 (Time-Periods);

(j)
   subparagraphs 1(a) to 1(c) of Article 21.12 (Limited Tendering); and

(k)
   Articles 21.14 (Treatment of Tenders and Awarding of Contracts) to 21.19 (Sub-Committee on Public Procurement).

  

NOTES TO SECTION G

The works concessions covered by this Section are subject to the exemptions set out in Articles 11 and 12 of Directive 2014/23/EU of the European Parliament and of the Council
[11](#footnote11)
.

SECTION H

GENERAL NOTES AND DEROGATIONS

1.
   Chapter 21 (Public Procurement) does not cover:

(a)
   procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes such as food aid including urgent relief aid;

(b)
   procurement for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time;

(c)
   procurement by procuring entities specified in Sections A and B in connection with activities in the fields of drinking water, energy, transport and the postal sector, unless covered under Section C and subject to the value thresholds applying thereto;

  

(d)
   purchases of goods and services by a covered entity through its own departments or entities; and

(e)
   procurement made by one covered entity from another entity provided the covered entity exercises control over the other entity similar to that which it exercises over its own departments.

2.
   In respect of the Åland Islands, the special conditions of Protocol No 2 on the Åland Islands to the Treaty of Accession of Finland to the European Union apply.

SECTION I

PROCUREMENT INFORMATION

A
   Publication of General Procurement Measures

The following list sets out the electronic or paper medium utilised by the European Union and its Member States for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses and procedures referred to in Article 21.5 (Information on the Procurement system), regarding public procurement covereded by Chapter 21 (Public Procurement).

  

1.
   EUROPEAN UNION LEVEL

The information on the public procurement system of the European Union:

(a)
   http://simap.ted.europa.eu/index\_en.html

(b)
   The Official Journal of the European Union

2.
   MEMBER STATES

BELGIUM

(a)
   Laws, royal regulations, ministerial regulations, ministerial circulars:

le Moniteur Belge

(b)
   Jurisprudence:

Pasicrisie

  

BULGARIA

(a)
   Laws and regulations:

Държавен вестник (State Gazette)

(b)
   Judicial decisions:

http://www.sac.government.bg

(c)
   Administrative rulings of general application and any procedure:

http://www.aop.bg

http://www.cpc.bg

CZECHIA

(a)
   Laws and regulations:

Collection of Laws of the Czech Republic

(b)
   Rulings of the Office for the Protection of Competition:

Collection of Rulings of the Office for the Protection of Competition

  

DENMARK

(a)
   Laws and regulations:

Lovtidende

(b)
   Judicial decisions:

Ugeskrift for Retsvaesen

(c)
   Administrative rulings and procedures:

Ministerialtidende

(d)
   Rulings by the Danish Complaints Board for Public Procurement:

Kendelser fra Klagenævnet for Udbud

GERMANY

(a)
   Laws and regulations:

Bundesgesetzblatt

  

Bundesanzeiger

(b)
   Judicial decisions:

Entscheidungsammlungen des: Bundesverfassungsgerichts; Bundesgerichtshofs

Bundesverwaltungsgerichts, Bundesfinanzhofs sowie der Oberlandesgerichte

ESTONIA

(a)
   Laws, regulations and administrative rulings of general application:

Riigi Teataja - http://www.riigiteataja.ee

(b)
   Procedures regarding government procurement:

https://riigihanked.riik.ee

IRELAND

(a)
   Laws and regulations:

Iris Oifigiuil (Official Gazette of the Irish Government)

  

GREECE

Epishmh efhmerida EURwpaikwn koinothtwn (Government Gazette of Greece)

SPAIN

(a)
   Laws and regulations:

Boletin Oficial del Estado

(b)
   Judicial decisions:

No official publication

FRANCE

(a)
   Laws and regulations:

Journal Officiel de la République française

(b)
   Jurisprudence:

Recueil des arrêts du Conseil d'État

Revue des marchés publics

  

CROATIA

Narodne novine – http://www.nn.hr.

ITALY

(a)
   Laws and regulations:

Gazzetta Ufficiale

(b)
   Jurisprudence:

No official publication

CYPRUS

(a)
   Laws and regulations:

Επίσημη Εφημερίδα της Δημοκρατίας (Official Gazette of the Republic)

(b)
   Judicial decisions:

Αποφάσεις Ανωτάτου Δικαστηρίου 1999 – Τυπογραφείο της Δημοκρατίας (Decisions of the Supreme High Court – Printing Office)

LATVIA

(a)
   Laws and regulations:

Latvijas vēstnesis (Official Newspaper)

LITHUANIA

(a)
   Laws, regulations and administrative provisions:

Teisės aktų registras (Register of Legal Acts)

(b)
   Judicial decisions, jurisprudence:

Bulletin of the Supreme Court of Lithuania "Teismų praktika"

Bulletin of the Supreme Administrative Court of Lithuania "Administracinių teismų praktika"

LUXEMBOURG

(a)
   Laws and regulations:

Memorial

  

(b)
   Jurisprudence:

Pasicrisie

HUNGARY

(a)
   Laws and regulations:

Magyar Közlöny (Official Journal of the Republic of Hungary)

(b)
   Jurisprudence:

Közbeszerzési Értesítő – a Közbeszerzések Tanácsa Hivatalos Lapja (Public Procurement Bulletin – Official Journal of the Public Procurement Council)

MALTA

(a)
   Laws and regulations:

Government Gazette

  

THE NETHERLANDS

(a)
   Laws and regulations:

Nederlandse Staatscourant or Staatsblad

(b)
   Jurisprudence:

No official publication

AUSTRIA

(a)
   Laws and regulations:

Österreichisches Bundesgesetzblatt

Amtsblatt zur Wiener Zeitung

(b)
   Judicial decisions:

Entscheidungen des Verfassungsgerichtshofes, Verwaltungsgerichtshofes, Obersten Gerichtshofes, der Oberlandesgerichte, des Bundesverwaltungsgerichtes und der Landesverwaltungsgerichte – http://ris.bka.gv.at/Judikatur/

  

POLAND

(a)
   Laws and regulations:

Dziennik Ustaw Rzeczypospolitej Polskiej (Journal of Laws – Republic of Poland)

(b)
   Judicial decisions, jurisprudence:

"Zamówienia publiczne w orzecznictwie. Wybrane orzeczenia zespołu arbitrów i Sądu Okręgowego w Warszawie" (Selection of judgments of arbitration panels and Regional Court in Warsaw)

PORTUGAL

(a)
   Laws and regulations:

Diário da República Portuguesa 1a Série A e 2a série

(b)
   Judicial Publications:

Boletim do Ministério da Justiça

Colectânea de Acordos do Supremo Tribunal Administrativo

  

Colectânea de Jurisprudencia Das Relações

ROMANIA

(a)
   Laws and regulations:

Monitorul Oficial al României (Official Journal of Romania)

(b)
   Judicial decisions, administrative rulings of general application and any procedure:

http://www.anrmap.ro

SLOVENIA

(a)
   Laws and regulations:

Oficial Gazette of the Republic of Slovenia

(b)
   Judicial decisions:

No official publication

  

SLOVAKIA

(a)
   Laws and regulations:

Zbierka zakonov (Collection of Laws)

(b)
   Judicial decisions:

No official publication

FINLAND

Suomen Säädöskokoelma - Finlands Författningssamling (The Collection of the Statutes of Finland)

SWEDEN

Svensk Författningssamling (Swedish Code of Statutes)

  

B.
   Publication of Procurement Notices

This part of Section I lists the electronic or paper medium utilised by the European Union and its Member States for the publication of notices pursuant to Article 21.5 (Information on the Procurement System) that are required by Article 21.6 (Notices), paragraph 7 of Article 21.8 (Qualification of Suppliers) and paragraph 2 of Article 21.15 (Transparency on Procurement Information).

1.
   EUROPEAN UNION and its Member States

All procurement notices of the procuring entities of the European Union and its Member States covered by Sections A, B and C are published in the Supplement to the Official Journal of the European Union, and its electronic version TED (tenders electronically daily), http://ted.europa.eu, which is also accessible from the portal http://simap.ted.europa.eu/index\_en.html.

2.
   Additional publications in specific MEMBER STATES

In addition to the publication in the electronic or paper medium referred to in heading 1, Member States provide for publications of procuments notices in the listed media.

BELGIUM

(a)
   Le Bulletin des Adjudications

  

(b)
   Other publications in the specialised press

BULGARIA

(a)
   Държавен вестник (State Gazette) – http://dv.parliament.bg

(b)
   Public Procurement Register – 
<http://www.aop.bg>

IRELAND

Daily Press: "Irish Independent", "Irish Times", "Irish Press", "Cork Examiner"

GREECE

Publication in the daily, financial, regional and specialised press

FRANCE

Bulletin officiel des annonces des marchés publics

CROATIA

Elektronički oglasnik javne nabave Republike Hrvatske (Electronic Public Procurement Classifieds of the Republic of Croatia)

  

CYPRUS

(a)
   Official Gazette of the Republic

(b)
   Local Daily Press

LATVIA

Latvijas vēstnesis (Official newspaper)

LITHUANIA

(a)
   Centrinė viešųjų pirkimų informacinė sistema (Central Portal of Public Procurement)

(b)
   Information supplement "Informaciniai pranešimai" to the Official Gazette ("Valstybės žinios") of the Republic of Lithuania

LUXEMBOURG

Daily Press

  

HUNGARY

Közbeszerzési Értesítő - a Közbeszerzések Tanácsa Hivatalos Lapja (Public Procurement Bulletin - Official Journal of the Public Procurement Council)

MALTA

Government Gazette

AUSTRIA

Amtsblatt zur Wiener Zeitung

POLAND

Biuletyn Zamówień Publicznych (Public Procurement Bulletin)

ROMANIA

(a)
   Monitorul Oficial al României (Official Journal of Romania)

(b)
   Electronic System for Public Procurement – http://www.e-licitatie.ro

  

SLOVENIA

Portal javnih naročil - http://www.enarocanje.si/?podrocje=portal

SLOVAKIA

Vestnik verejneho obstaravania (Journal of Public Procurement)

FINLAND

Julkiset hankinnat Suomessa ja ETA-alueella, Virallisen lehden liite (Public Procurement in Finland and at the EEA-area, Supplement to the Official Gazette of Finland)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 21-B

COVERED PROCUREMENT OF MEXICO

SECTION A

CENTRAL GOVERNMENT ENTITIES

1.
   Unless otherwise provided for in this Annex and subject to the Notes to this Section and the General Notes in Section H, Chapter 21 (Public Procurement) applies to the procuring entities of Mexico listed in this Section, if the value of the supplies is equal to or exceeds the following thresholds:

(a)
   USD 79 507 for goods and services specified in Sections D and E; and

(b)
   USD 10 335 931 for construction services and public private partnership projects specified in Sections F and G.

2.
   The thresholds set out in paragraph 1 are for 2018 and subject to adjustment to inflation in accordance with paragraph 16 of the Section H (General Notes).

  

LIST OF ENTITIES

1.
   Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación (Ministry of Agriculture, Livestock, Rural Development, Fisheries and Feeding), including:

(a)
   Agencia de Servicios a la Comercialización y Desarrollo de Mercados Agropecuarios (Support Services for Agricultural Marketing);

(b)
   Comisión Nacional de Acuacultura y Pesca (National Commission of Aquaculture and Fisheries);

(c)
   Instituto Nacional de Investigaciones Forestales, Agrícolas y Pecuarias (National Forestry, Agriculture and Cattle Research Institute);

(d)
   Instituto Nacional de Pesca (National Institute of Fisheries);

(e)
   Servicio de Información y Estadistica Agroalimentaria y Pesquera (Information Service and Agro-alimentary and Fisheries Statistics);

(f)
   Servicio Nacional de Inspección y Certificación de Semillas (National Service of Inspection and Certification of Seeds);

  

(g)
   Servicio Nacional de Sanidad, Inocuidad y Calidad Agroalimentaria (National Service of Health, Innocuous and Agro-alimentary Quality); and

(h)
   Colegio Superior Agropecuario del Estado de Guerrero (Agricultural University of the State of Guerrero).

2.
   Secretaría de Comunicaciones y Transportes (Ministry of Communication and Transportation), including:

(a)
   Instituto Mexicano del Transporte (Mexican Institute of Transportation); and

(b)
   Servicios a la Navegación en el Espacio Aéreo Mexicano (Navigation Services for Mexican Airspace).

3.
   Secretaría de Cultura (Ministry of Culture), including:

(a)
   Instituto Nacional de Antropología e Historia (National Institute of Anthropology and History);

(b)
   Instituto Nacional de Bellas Artes y Literatura (National Institute of Fine Arts and Literature);

  

(c)
   Instituto Nacional de Estudios Históricos de las Revoluciones de México (National Institute of Historical Studies of Mexican Revolutions);

(d)
   Instituto Nacional del Derecho de Autor (National Institute for Copyrights); and

(e)
   Radio Educación (Radio Education).

4.
   Secretaría de la Defensa Nacional (Ministry of National Defence).

5.
   Secretaría de Desarrollo Agrario, Territorial y Urbano (Ministry of Agrarian, Territorial and Urban Development), including:

(a)
   Procuraduría Agraria (Agrarian Office of the Attorney); and

(b)
   Registro Agrario Nacional (National Agrarian Registry).

6.
   Secretaría de Desarrollo Social (Ministry of Social Development), including:

(a)
   Coordinación Nacional de PROSPERA (National Coordination PROSPERA);

(b)
   Instituto Nacional de Desarrollo Social (National Institute for Social Development); and

(c)
   Instituto Nacional de la Economía Social (National Institute of Social Economy).

  

7.
   Secretaría de Economía (Ministry of Economy), including:

(a)
   Comisión Federal de Mejora Regulatoria (Federal Commission of Regulatory Improvement); and

(b)
   Instituto Nacional del Emprendedor (National Entrepreneur Institute).

8.
   Secretaría de Educación Pública (Ministry of Public Education), including:

(a)
   Administración Federal de Servicios Educativos en el Distrito Federal (Federal Administration of Educational Services in the Federal District);

(b)
   Comisión Nacional de Cultura Física y Deporte (National Physical Culture and Sports Commission);

(c)
   Comisión de Apelación y Arbitraje del Deporte (Sports Appeals and Arbitration Commission);

(d)
   Instituto Politécnico Nacional (National Polytechnic Institute);

(e)
   Universidad Pedagógica Nacional (National Pedagogic University);

  

(f)
   Universidad Abierta y a Distancia de México (Open and Distance Education of Mexico);

(g)
   Coordinación Nacional del Servicio Profesional Docente (National Coordination of Professional Teaching Service);

(h)
   Coordinación General @prende.mx (General Coordination @prende.mx); and

(i)
   Tecnológico Nacional de México (National Institute of Technology of Mexico).

9.
   Secretaría de Energía (Ministry of Energy), including:

(a)
   Comisión Nacional de Seguridad Nuclear y Salvaguardias (National Commission on Nuclear Safety and Safeguards); and

(b)
   Comisión Nacional para el Uso Eficiente de la Energía (National Commission for Energy Conservation).

10.
   Secretaría de la Función Pública (Ministry of Public Administration).

11.
   Secretaría de Gobernación (Ministry of Government), including:

(a)
   Archivo General de la Nación (General Archives of the Nation);

  

(b)
   Centro Nacional de Prevención de Desastres (National Disaster Prevention Center);

(c)
   Centro de Producción de Programas Informativos y Especiales (Production Center for Informative Programs and Specials);

(d)
   Comisión Nacional para Prevenir y Erradicar la Violencia contra las Mujeres (National Commission to Prevent and Eradicate Violence against Women);

(e)
   Coordinación General de la Comisión Mexicana de Ayuda a Refugiados (General Coordination of the Mexican Commission on Refugee Assistance);

(f)
   Coordinación para la Atención Integral de la Migración en la Frontera Sur (Coordination for the Integral Attention to Migration in the Southern Border);

(g)
   Instituto Nacional de Migración (National Institute of Migration);

(h)
   Instituto Nacional para el Federalismo y el Desarrollo Municipal (National Institute for Federalism and Municipal Development);

(i)
   Policía Federal (Federal Police);

(j)
   Prevención y Readaptación Social (Prevention and Social Readaptation);

  

(k)
   Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública (Executive Secretariat of the National System of Public Security);

(l)
   Secretaría General del Consejo Nacional de Población (General Secretariat of the National Population Council);

(m)
   Secretaría Técnica de la Comisión Calificadora de Publicaciones y Revistas Ilustradas (Technical Secretariat of the Examining Commission for Illustrated Periodicals and Publications); and

(n)
   Secretaría Técnica del Consejo de Coordinación para la Implementación del Sistema de Justicia Penal (Technical Secretariat of the Coordination Council for the Implementation of the Criminal Justice System).

12.
   Secretaría de Hacienda y Crédito Público (Ministry of Finance and Public Credit), including:

(a)
   Comisión Nacional Bancaria y de Valores (National Banking and Securities Commission);

(b)
   Comisión Nacional de Seguros y Fianzas (National Commission of Insurance and Guarantees);

  

(c)
   Comisión Nacional del Sistema de Ahorro para el Retiro (National Commission of the Saving System for Retirement);

(d)
   Servicio de Administración y Enajenación Bienes (Assets Management and Disposition Agency);

(e)
   Servicio de Administración Tributaria (Tax Administration Service); and

(f)
   Instituto de Administración y Avalúos de Bienes Nacionales (Institute for Administration and Appraisal of National Property).

13.
   Secretaría de Marina (Ministry of Navy).

14.
   Secretaría de Medio Ambiente y Recursos Naturales (Ministry of Environment and Natural Resources), including:

(a)
   Instituto Mexicano de Tecnología del Agua (Mexican Water Technology Institute);

(b)
   Comisión Nacional de Áreas Naturales Protegidas (National Commission of Natural Protected Areas);

(c)
   Procuraduría Federal de Protección al Medio Ambiente (Federal Attorney for Environmental Protection);

  

(d)
   Comisión Nacional para el Conocimiento y Uso de la Biodiversidad (Commission for the Knowledge and Use of Biodiversity); and

(e)
   Instituto Nacional de Ecología y Cambio Climático (National Institute of Ecology and Climate Change).

15.
   Secretaría de Relaciones Exteriores (Ministry of Foreign Relations), including:

(a)
   Agencia Mexicana de Cooperación Internacional para el Desarrollo (Mexican Agency for International Cooperation for Development);

(b)
   Instituto de los Mexicanos en el Exterior (Institute for Mexicans Abroad); and

(c)
   Instituto Matías Romero (Matías Romero Institute).

16.
   Secretaría de Salud (Ministry of Health), including:

(a)
   Administración del Patrimonio de la Beneficencia Pública (Public Charity Fund Administration);

(b)
   Centro Nacional de Programas Preventivos y Control de Enfermedades (National Center for Prevention and Disease Control);

  

(c)
   Centro Nacional de Trasplantes (National Transplants Center);

(d)
   Centro Nacional de la Transfusión Sanguínea (National Blood Transfusion Center);

(e)
   Centro Nacional para la Prevención y Control del VIH/SIDA (National Center for the Prevention and Control of HIV/AIDS);

(f)
   Centro Nacional para la Salud de la Infancia y la Adolescencia (National Center for Health of Childhood and Adolescence);

(g)
   Comisión Federal para la Protección contra Riesgos Sanitarios (Federal Commission for Protection Against Health Risks);

(h)
   Comisión Nacional de Arbitraje Médico (National Commission of Medical Arbitration);

(i)
   Instituto Nacional de Rehabilitación (National Rehabilitation Institute);

(j)
   Laboratorios de Biológicos y Reactivos de México, S.A. de C.V. (Laboratories of Biologicals and Reagents of Mexico;

(k)
   Servicios de Atención Psiquiátrica (Psychiatric Attention Services);

(l)
   Coordinación General de los Institutos Nacionales de Salud (General Coordination of the National Institutes of Health);

(m)
   Centro Nacional de Equidad de Género y Salud Reproductiva (National Center for Gender Equality and Reproductive Health);

(n)
   Centro Nacional de Excelencia Tecnológica en Salud (National Center for Health Technology Excellence);

(o)
   Centro Nacional para la Prevención y el Control de las Adicciones (National Center for the Prevention and Control of Addictions);

(p)
   Comisión Nacional de Bioética (National Commission of Bioethics); and

(q)
   Comisión Nacional de Protección Social en Salud (National Commission for the Social Protection in Health).

17.
   Secretaría del Trabajo y Previsión Social (Ministry of Labour and Social Welfare), including:

(a)
   Procuraduría Federal de la Defensa del Trabajo (Office of the Federal Attorney for Labour Defence);

(b)
   Las Delegaciones Federales del Trabajo (Federal Labour Delegations); and

  

(c)
   Comité Nacional Mixto de Protección al Salario (National Joint Wage Protection Committee).

18.
   Secretaría de Turismo (Ministry of Tourism), including:

(a)
   Corporación de Servicios al Turista Ángeles Verdes (Green Angels Tourist Services Corporation); and

(b)
   Instituto de Competitividad Turística (Institute for Tourist Competitiveness).

19.
   Procuraduría General de la República (Office of the Attorney General of the Republic).

20.
   Centro de Ingeniería y Desarrollo Industrial (Engineering and Industrial Development Center).

21.
   Comisión Nacional de Libros de Texto Gratuitos (National Commission of Free Textbooks).

22.
   Comisión Nacional de las Zonas Áridas (National Commission on Arid Zones).

23.
   Consejo Nacional de Fomento Educativo (National Educational Development Council).

24.
   Comisión Reguladora de Energía (Regulatory Commission of Energy).

  

NOTES TO SECTION A

The English translation of entities listed in this Section is only provided for the purpose of reference and does not constitute an official translation.

SECTION B

SUB-CENTRAL GOVERNMENT ENTITIES

1.
   Unless otherwise provided for in the Notes to this Section and to Section H (General Notes), Chapter 21 (Public Procurement) applies to the procuring entities of the States of Chihuahua, Ciudad de México, Colima, Durango, Estado de México, Guanajuato, Jalisco, Morelos, Nuevo León, Puebla, Querétaro, San Luis Potosí, Veracruz and Zacatecas:

(a)
   with regard to the entities of the sub-central government entities listed in Sub‑list 1 (Government Entities) of each State, if the value of the supplies is equal to or exceeds the following thresholds:

(i)
   USD 178 100
   for goods and services specified in Sections D and E; and

(ii)
   USD 10 333 931
   for construction services specified in Section F; and

  

(b)
   with regard to the other sub-central entities listed in Sub-list 2 (Other Entities) of each State, if the value of the supplies is equal to or exceeds the following thresholds:

(i)
   USD 397 535
   for goods and services specified in Sections D and E; and

(ii)
   USD 12 721 740
   for construction services specified in Section F.

2.
   The thresholds set out in paragraph 1 are applied in the year of entry into force of this Agreement and are subject to adjustment to inflation in accordance with paragraph 14 of the Notes to this Section.

List of Sub-Central Procuring Entities

I.
   CHIHUAHUA

Sub-list 1:
   Government Entities

1.
   Comisión Estatal para los Pueblos Indígenas;

2.
   Coordinación Ejecutiva de Gabinete;

3.
   Fiscalía General del Estado;

  

4.
   Secretaría de Comunicaciones y Obras Públicas;

5.
   Secretaría de Cultura;

6.
   Secretaría de Desarrollo Municipal;

7.
   Secretaría de Desarrollo Rural;

8.
   Secretaría de Desarrollo Social;

9.
   Secretaría de Desarrollo Urbano y Ecología;

10.
   Secretaría de Educación y Deporte;

11.
   Secretaría de Hacienda;

12.
   Secretaría de Innovación y Desarrollo Económico;

13.
   Secretaría de la Función Pública;

14.
   Secretaría de Salud;

15.
   Secretaría del Trabajo y Previsión Social; and

16.
   Secretaría General de Gobierno.

Sub-list 2:
   Other Entities

1.
   Administradora de Servicios Aeroportuarios de Chihuahua, S.A. de C.V.;

2.
   Colegio de Bachilleres del Estado de Chihuahua (COBACH);

3.
   Colegio de Educación Profesional Técnica del Estado de Chihuahua;

4.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Chihuahua;

5.
   Comisión Estatal de Vivienda, Suelo e Infraestructura de Chihuahua (COESVI);

6.
   Comisión Estatal para la Protección contra Riesgos Sanitarios;

7.
   Consejo Estatal de Población;

8.
   Desarrollo Integral de la Familia del Estado de Chihuahua;

9.
   El Colegio de Chihuahua;

10.
   Escuela Normal Superior del Estado Profesor J. E. Medrano;

11.
   Fomento y Desarrollo Artesanal del Estado de Chihuahua;

  

12.
   Instituto Chihuahuense de Educación para los Adultos (ICHEA);

13.
   Instituto Chihuahuense de Infraestructura Física y Educativa;

14.
   Instituto Chihuahuense de la Juventud;

15.
   Instituto Chihuahuense de la Mujer;

16.
   Instituto Chihuahuense de Salud;

17.
   Instituto Chihuahuense del Deporte y Cultura Física;

18.
   Instituto de Apoyo al Desarrollo Tecnológico;

19.
   Instituto de Capacitación para el Trabajo del Estado de Chihuahua;

20.
   Instituto de Innovación y Competitividad;

21.
   Instituto Tecnológico Superior de Nuevo Casas Grandes (ITSNCG);

22.
   Junta Central de Agua y Saneamiento;

23.
   Junta de Asistencia Social;

  

24.
   Pensiones Civiles del Estado de Chihuahua;

25.
   Promotora para el Desarrollo Económico de Chihuahua;

26.
   Régimen Estatal de Protección Social en Salud (Seguro Popular);

27.
   Servicios de Salud de Chihuahua;

28.
   Servicios Educativos del Estado de Chihuahua;

29.
   Subsistema de Preparatoria Abierta del Estado de Chihuahua;

30.
   Universidad Pedagógica Nacional;

31.
   Universidad Politécnica de Chihuahua (UPCH);

32.
   Universidad Tecnológica de Camargo;

33.
   Universidad Tecnológica de Chihuahua (UTCH);

34.
   Universidad Tecnológica de Chihuahua Sur;

35.
   Universidad Tecnológica de Ciudad Juárez;

  

36.
   Universidad Tecnológica de la Babícora;

37.
   Universidad Tecnológica de la Tarahumara;

38.
   Universidad Tecnológica de Paquimé;

39.
   Universidad Tecnológica de Parral; and

40.
   Universidad Tecnológica Paso del Norte.

II.
   CIUDAD DE MÉXICO

Sub-list 1:
   Government Entities

1.
   Consejería Jurídica y de Servicios Legales;

2.
   Secretaría de Administración y Finanzas;

3.
   Secretaría de Cultura;

4.
   Secretaría de Desarrollo Económico;

5.
   Secretaría de Desarrollo Urbano y Vivienda;

  

6.
   Secretaría de Educación, Ciencia, Tecnología e Innovación;

7.
   Secretaría de Gestión Integral de Riesgos y Protección Civil;

8.
   Secretaría de Gobierno;

9.
   Secretaría de Inclusión y Bienestar Social;

10.
   Secretaría de la Contraloría General;

11.
   Secretaría de las Mujeres;

12.
   Secretaría de Movilidad;

13.
   Secretaría de Obras y Servicios;

14.
   Secretaría de Pueblos y Barrios Originarios y Comunidades Indígenas Residentes;

15.
   Secretaría de Salud;

16.
   Secretaría de Trabajo y Fomento al Empleo;

17.
   Secretaría de Turismo; and

18.
   Secretaría del Medio Ambiente.

Sub-list 2:
   Other Entities

1.
   Agencia de Atención Animal;

2.
   Atención de Protección Sanitaria;

3.
   Agencia Digital de Innovación Pública;

4.
   Autoridad del Centro Histórico;

5.
   Caja de Previsión de la Policía Auxiliar de la Ciudad de México;

6.
   Caja de Previsión de la Policía Preventiva;

7.
   Caja de Previsión para Trabajadores a Lista de Raya de la Ciudad de México;

8.
   Consejo de Evaluación de Desarrollo Social de la Ciudad de México;

9.
   Consejo para Prevenir y Eliminar la Discriminación de la Ciudad de México;

10.
   Corporación Mexicana de Impresión, S.A. de C.V.;

11.
   Escuela de Administración Pública de la Ciudad de México;

  

12.
   Heroico Cuerpo de Bomberos de la Ciudad de México;

13.
   Instituto de Educación Media Superior;

14.
   Instituto de la Juventud de la Ciudad de México;

15.
   Instituto de Verificación Administrativa;

16.
   Instituto de Vivienda;

17.
   Instituto del Deporte de la Ciudad de México;

18.
   Instituto Local de la Infraestructura Física Educativa de la Ciudad de México;

19.
   Instituto para la Integración al Desarrollo de las Personas con Discapacidad de la Ciudad de México;

20.
   Instituto para la Prevención de las Adicciones de la Ciudad de México;

21.
   Instituto para la Seguridad de las Construcciones de la Ciudad de México;

22.
   Metrobús;

  

23.
   Órgano Regulador del Transporte;

24.
   Planta Productora de Mezclas Asfálticas de la Ciudad de México;

25.
   Procuraduría Ambiental y del Ordenamiento Territorial de la Ciudad de México;

26.
   Procuraduría Social de la Ciudad de México;

27.
   Red de Transporte de Pasajeros de la Ciudad de México;

28.
   Servicios de Salud Pública de la Ciudad de México;

29.
   Sistema de Transporte Colectivo;

30.
   Servicios de Transportes Eléctricos;

31.
   Servicios Metropolitanos, S.A. de C.V.;

32.
   Sistema de Aguas de la Ciudad de México; and

33.
   Sistema para el Desarrollo Integral de la Familia de la Ciudad de México.

  

III.
   COLIMA

Sub-list 1:
   Government Entities

1.
   Procuraduría General de Justicia;

2.
   Secretaría de Administración y Gestión Pública;

3.
   Secretaría de Cultura;

4.
   Secretaría de Desarrollo Rural;

5.
   Secretaría de Desarrollo Social;

6.
   Secretaría de Educación;

7.
   Secretaría de Fomento Económico;

8.
   Secretaría de Infraestructura y Desarrollo Urbano;

9.
   Secretaría de la Juventud;

10.
   Secretaría de Movilidad;

  

11.
   Secretaría de Planeación y Finanzas;

12.
   Secretaría de Salud y Bienestar Social;

13.
   Secretaría de Seguridad Pública;

14.
   Secretaría de Turismo;

15.
   Secretaría del Trabajo y Previsión Social; and

16.
   Secretaría General de Gobierno.

Sub-list 2:
   Other Entities

1.
   Colegio de Educación Profesional Técnica del Estado de Colima;

2.
   Comisión Estatal del Agua de Colima;

3.
   Comisión Estatal para la Protección contra Riesgos Sanitarios;

4.
   Consejo de Participación Social del Estado de Colima;

5.
   Consejo Estatal contra las Adicciones (CECA);

6.
   Consejo Estatal de Ciencia y Tecnología de Colima;

7.
   Consejo Estatal para la Prevención y Atención a la Violencia Familiar;

8.
   Escuela de Talentos;

9.
   Instituto Colimense de la Charrería;

10.
   Instituto Colimense de la Infraestructura Física Educativa;

11.
   Instituto Colimense de las Mujeres;

12.
   Instituto Colimense de Radio y Televisión;

13.
   Instituto Colimense del Deporte;

14.
   Instituto Colimense para la Discapacidad;

15.
   Instituto Colimense para la Sociedad de la Información y el Conocimiento;

16.
   Instituto de Suelo Urbanización y Vivienda;

17.
   Instituto Estatal de Becas;

  

18.
   Instituto Estatal de Educación para Adultos;

19.
   Instituto para el Medio Ambiente y Desarrollo Sustentable del Estado de Colima;

20.
   Instituto para el Registro del Territorio del Estado de Colima;

21.
   Instituto para la Atención de los Adultos en Plenitud;

22.
   Instituto para la Competitividad del Estado de Colima;

23.
   Instituto Superior de Educación Normal del Estado de Colima;

24.
   Junta de Asistencia Privada del Estado de Colima;

25.
   Órgano de Gestión y Control del Patrimonio Inmobiliario del Estado de Colima;

26.
   Sistema para el Desarrollo Integral de la Familia del Estado de Colima;

27.
   Unidad Estatal de Protección Civil; and

28.
   Universidad Tecnológica de Manzanillo.

  

IV.
   DURANGO

Sub-list 1:
   Government Entities

1.
   Secretaría de Agricultura, Ganadería y Desarrollo Rural;

2.
   Secretaría de Bienestar Social;

3.
   Secretaría de Comunicaciones y Obras Públicas;

4.
   Secretaría de Contraloría;

5.
   Secretaría de Desarrollo Económico;

6.
   Secretaría de Educación;

7.
   Secretaría de Finanzas y de Administración;

8.
   Secretaría de Recursos Naturales y Medio Ambiente;

9.
   Secretaría de Salud;

10.
   Secretaría de Seguridad Pública;

  

11.
   Secretaría de Turismo;

12.
   Secretaría del Trabajo y Previsión Social;

13.
   Secretaría General de Gobierno; and

14.
   Fiscalía General del Estado.

Sub-list 2:
   Other Entities

1.
   Bebeleche, Museo Interactivo de Durango;

2.
   Benemérita y Centenaria Escuela Normal del Estado de Durango;

3.
   Colegio de Bachilleres del Estado de Durango;

4.
   Colegio de Educación Profesional Técnica del Estado;

5.
   Colegio Tecnológico de Estudios Científicos y Tecnológicos del Estado de Durango;

6.
   Consejo de Ciencia y Tecnología del Estado de Durango;

7.
   Centro Cultural y de Convenciones del Estado de Durango;

  

8.
   Comisión del Agua del Estado de Durango;

9.
   Comisión Ejecutiva Estatal de Atención a Víctimas;

10.
   Comisión Estatal de Suelo y Vivienda;

11.
   Ferias, Espectáculos y Paseos Turísticos de Durango;

12.
   Dirección de Pensiones del Estado de Durango;

13.
   Instituto Duranguense de Educación para Adultos;

14.
   Instituto Tecnológico Superior de la Región de los Llanos;

15.
   Instituto Tecnológico Superior de Lerdo;

16.
   Instituto Tecnológico Superior de Santa María del Oro;

17.
   Instituto Tecnológico Superior de Santiago Papasquiaro;

18.
   Instituto Estatal de Atención a Migrantes y su Familia;

19.
   Instituto Duranguense de la Juventud;

  

20.
   Instituto Estatal de las Mujeres;

21.
   Instituto para la Infraestructura Física Educativa del Estado de Durango;

22.
   Secretariado Ejecutivo del Consejo Estatal de Seguridad Pública;

23.
   Sistema para el Desarrollo Integral de la Familia;

24.
   Sistema Estatal de Telesecundaria;

25.
   Servicios de Salud de Durango;

26.
   Secretaría Ejecutiva del Sistema Local Anticorrupción;

27.
   Universidad Pedagógica de Durango;

28.
   Universidad Politécnica de Durango;

29.
   Universidad Politécnica de Gómez Palacio;

30.
   Universidad Politécnica de Cuencamé;

31.
   Universidad Tecnológica de Durango;

32.
   Universidad Tecnológica de la Laguna;

33.
   Universidad Tecnológica del Mezquital;

34.
   Universidad Tecnológica de Poanas;

35.
   Universidad Tecnológica de Rodeo; and

36.
   Universidad Tecnológica de Tamazula.

V.
   ESTADO DE MÉXICO

Sub-list 1:
   Government Entities

1.
   Secretaría de Comunicaciones;

2.
   Secretaría de Cultura;

3.
   Secretaría de Desarrollo Agropecuario;

4.
   Secretaría de Desarrollo Económico;

  

5.
   Secretaría de Desarrollo Urbano y Metropolitano;

6.
   Secretaría de Educación;

7.
   Secretaría de Finanzas;

8.
   Secretaría de Justicia y de Derechos Humanos del Estado de México;

9.
   Secretaría de la Contraloría;

10.
   Secretaría de Movilidad;

11.
   Secretaría de Obra Pública;

12.
   Secretaría de Salud;

13.
   Secretaría de Turismo;

14.
   Secretaría del Medio Ambiente;

15.
   Secretaría del Trabajo; and

16.
   Secretaría General de Gobierno.

Sub-list 2:
   Other Entities

1.
   Administradora Mexiquense del Aeropuerto Internacional de Toluca, S.A. de C.V.;

2.
   Colegio de Bachilleres del Estado de México;

3.
   Colegio de Estudios Científicos y Tecnológicos del Estado de México;

4.
   Comisión del Agua del Estado de México;

5.
   Centro de Control de Confianza del Estado de México;

6.
   Comisión Estatal de Parques Naturales y de la Fauna;

7.
   Comisión para la Protección contra Riesgos Sanitarios del Estado de México;

8.
   Comisión para el Desarrollo Turístico del Valle de Teotihuacán;

9.
   Hospital Regional de Alta Especialidad de Zumpango;

10.
   Comité de la Planeación para el Desarrollo del Estado de México;

11.
   Consejo Mexiquense de Ciencia y Tecnología;

  

12.
   Instituto de Formación Continua, Profesionalización e Investigación del Magisterio del Estado;

13.
   Instituto de Capacitación y Adiestramiento para el Trabajo Industrial;

14.
   Instituto de Fomento Minero y Estudios Geológicos del Estado de México;

15.
   Instituto de Información e Investigación Geográfica, Estadística y Catastral del Estado de México;

16.
   Instituto de Investigación y Capacitación Agropecuaria, Acuícola y Forestal del Estado de México;

17.
   Instituto de Investigación y Fomento de las Artesanías del Estado de México;

18.
   Instituto de la Función Registral del Estado de México;

19.
   Instituto Hacendario del Estado de México;

20.
   Instituto Mexiquense del Emprendedor;

21.
   Junta de Caminos del Estado de México;

  

22.
   Procuraduría de Protección al Ambiente del Estado de México;

23.
   Procuraduría del Colono del Estado de México;

24.
   Protectora de Bosques del Estado de México;

25.
   Régimen Estatal de Protección Social en Salud;

26.
   Sistema de Autopistas, Aeropuertos, Servicios Conexos y Auxiliares del Estado de México;

27.
   Sistema de Radio y Televisión Mexiquense;

28.
   Sistema de Transporte Masivo y Teleférico del Estado de México;

29.
   Servicios Educativos Integrados al Estado de México;

30.
   Tecnológico de Estudios Superiores de Coacalco;

31.
   Tecnológico de Estudios Superiores de Ecatepec;

32.
   Universidad Tecnológica "Fidel Velázquez";

33.
   Universidad Tecnológica de Nezahualcóyotl; and

  

34.
   Universidad Tecnológica de Tecámac.

VI.
   GUANAJUATO

Sub-list 1:
   Government Entities

1.
   Secretaría de Desarrollo Agroalimentario y Rural;

2.
   Secretaría de Desarrollo Económico Sustentable;

3.
   Secretaría de Desarrollo Social y Humano;

4.
   Secretaría de Finanzas, Inversión y Administración;

5.
   Secretaría de Infraestructura, Conectividad y Movilidad;

6.
   Secretaría de Medio Ambiente y Ordenamiento Territorial;

7.
   Secretaría de Educación de Guanajuato;

8.
   Secretaría de Innovación, Ciencia y Educación Superior; and

9.
   Secretaría de la Trasparencia y Rendición de Cuentas.

Sub-list 2:
   Other Entities

1.
   Instituto de Alfabetización y Educación Básica para Adultos;

2.
   Instituto de Financiamiento e Información para la Educación (EDUCAFIN);

3.
   Instituto Tecnológico Superior de Irapuato;

4.
   Museo Iconográfico del Quijote;

5.
   Universidad Politécnica Bicentenario;

6.
   Universidad Politécnica de Guanajuato;

7.
   Universidad Politécnica de Pénjamo;

8.
   Universidad Politécnica Juventino Rosas;

9.
   Colegio Nacional de Educación Profesional Técnica de Guanajuato (CONALEP);

10.
   Instituto de Infraestructura Física Educativa de Guanajuato;

11.
   Instituto Estatal de Capacitación;

  

12.
   Preparatoria Regional del Rincón;

13.
   Sistema Avanzado de Bachillerato y Educación Superior;

14.
   Universidad Tecnológica de León;

15.
   Universidad Tecnológica de Salamanca;

16.
   Universidad Tecnología de San Miguel de Allende;

17.
   Universidad Tecnológica del Norte de Guanajuato; and

18.
   Universidad Tecnológica del Suroeste de Guanajuato.

VII.
   JALISCO

Sub-list 1:
   Government Entities

1.
   Jefatura de Gabinete;

2.
   Coordinaciones Generales Estratégicas;

3.
   Unidad de Enlace Federal y Asuntos Internacionales;

  

4.
   Contraloría del Estado;

5.
   Consejería Jurídica del Poder Ejecutivo del Estado;

6.
   Fiscalía Estatal;

7.
   Procuraduría Social del Estado;

8.
   Secretaría de Administración;

9.
   Secretaría de Cultura;

10.
   Secretaría de Igualdad Sustantiva;

11.
   Secretaría de Desarrollo Económico;

12.
   Secretaría de Agricultura y Desarrollo Rural;

13.
   Secretaría de Educación;

14.
   Secretaría General de Gobierno;

15.
   Secretaria de Gestión Integral del Agua;

  

16.
   Secretaría de Infraestructura y Obra Pública;

17.
   Secretaría de Innovación, Ciencia y Tecnología;

18.
   Secretaría de Medio Ambiente y Desarrollo Territorial;

19.
   Secretaría de Transporte;

20.
   Secretaría de la Hacienda Pública;

21.
   Secretaría de Planeación y Participación Ciudadana;

22.
   Secretaría de Salud;

23.
   Secretaria de Seguridad;

24.
   Secretaria del Sistema de Asistencia Social;

25.
   Secretaría de Trabajo y Previsión Social; and

26.
   Secretaría de Turismo.

Sub-list 2:
   Other Entities

1.
   Agencia de Energía del Estado de Jalisco – AEEJ;

2.
   Agencia Estatal de Entretenimiento de Jalisco;

3.
   Agencia Integral de Regulación de Emisiones (AIRE);

4.
   Agencia para el Desarrollo de Industrias Creativas y Digitales del Estado de Jalisco;

5.
   Bosque La Primavera;

6.
   Centro de Coordinación, Comando, Control, Comunicaciones y Computo de Estado de Jalisco – Escudo Urbano C5;

7.
   Centro de Justicia para las Mujeres del Estado de Jalisco;

8.
   Colegio de Bachilleres del Estado de Jalisco – COBAEJ;

9.
   Colegio de Educación Profesional Técnica del Estado de Jalisco – CONALEP;

10.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Jalisco – CECYTEJ;

  

11.
   Comisión de Arbitraje Médico del Estado de Jalisco – CAMEJAL;

12.
   Comisión Estatal del Agua de Jalisco – CEA;

13.
   Comisión Estatal Indígena – CEI;

14.
   Consejo Estatal de Ciencia y Tecnología – COECYTJAL;

15.
   Consejo Estatal de Promoción Económica – CEPE;

16.
   Consejo Estatal de Trasplantes de Órganos y Tejidos CETOT;

17.
   Consejo Estatal para el Fomento Deportivo – CODE;

18.
   Escuela de conservación y Restauración de Occidente – ECRO;

19.
   Fiscalía Especializada en el Combate a la Corrupción;

20.
   Hogar Cabañas;

21.
   Hospital Civil de Guadalajara (HCG);

22.
   Industria Jalisciense de Rehabilitación Social (INJALRESO);

23.
   Instituto Cultural Cabañas – ICC;

24.
   Instituto de Formación para el Trabajo del Estado de Jalisco – IDEFT;

25.
   Instituto de Información Estadística y Geográfica del Estado de Jalisco – IIEG;

26.
   Instituto de la Infraestructura Física Educativa del Estado de Jalisco (INFEJAL);

27.
   Instituto de Pensiones del Estado;

28.
   Instituto Estatal para la Educación de Jóvenes y Adultos – INEEJAD;

29.
   Instituto Jalisciense de Cancerología – IJC;

30.
   Instituto Jalisciense de Ciencias Forenses IJCF;

31.
   Instituto Jalisciense de la Vivienda – IJALVI;

32.
   Museos Exposiciones y Galerías de Jalisco;

33.
   Organismo Operador del Parque de la Solidaridad;

34.
   Parque Metropolitano de Guadalajara;

  

35.
   Procuraduría de Desarrollo Urbano;

36.
   Régimen Estatal de Protección Social en Salud de Jalisco – REPSS;

37.
   Secretaría Ejecutiva del Sistema Estatal Anticorrupción;

38.
   Secretaría Ejecutiva del Sistema Estatal Anticorrupción;

39.
   Servicios de Salud Jalisco – SSJ;

40.
   Servicios y Transportes – SyT;

41.
   Sistema de Servicios de Agua Potable, Drenaje y Alcantarillado de Puerto Vallarta, Jalisco – SEAPAL;

42.
   Sistema de Tren Eléctrico Urbano – SITEUR;

43.
   Sistema Intermunicipal de los Servicios de Agua Potable y Alcantarillado – SIAPA;

44.
   Sistema Jalisciense de Radio y Televisión – SJRTV;

45.
   Sistema para el Desarrollo Integral de la Familia – DIF;

  

46.
   Unidad Estatal de Protección Civil y Bomberos Jalisco;

47.
   Comisión Estatal de Bioética e Investigación de Jalisco;

48.
   Comisión Estatal de Seguridad para el Manejo y uso de Plaguicidas, Fertilizantes y Sustancias Tóxicas;

49.
   Comisión Interinstitucional de Enfermeras del Estado de Jalisco – CIEEJ;

50.
   Comisión Interinstitucional de Profesionalización del Sistema de Seguridad Pública;

51.
   Comisión Interinstitucional de Salud Bucodental;

52.
   Comisión Interinstitucional para la Formación de Recursos Humanos para la Salud;

53.
   Comité de Mejora Regulatoria del Estado de Jalisco (COMERJAL);

54.
   Comité Estatal de Prevención de Seguridad Civil;

55.
   Comité Estatal de Reservas Territoriales para el Desarrollo Urbano Industrial y Regularización de la Tenencia de la Tierra;

56.
   Comité Estatal para la Desregulación y Promoción Económica – CEDESPE;

  

57.
   Comité Interinstitucional del Servicio Civil de Carrera del Sistema de Seguridad Pública – CISCCSSP;

58.
   Consejo Agrario Estatal – CAE;

59.
   Consejo Consultivo Estatal de Vialidad Tránsito y Transporte;

60.
   Consejo Consultivo Turístico del Estado de Jalisco;

61.
   Consejo de la Zona Metropolitana de Guadalajara; and

62.
   Consejo Estatal para la Prevención y Atención a la Violencia Intrafamiliar – CEPAVI.

VIII.
   MORELOS

Sub-list 1:
   Government Entities

1.
   Comisión Estatal de Seguridad Pública;

2.
   Consejería Jurídica;

3.
   Fiscalía General del Estado de Morelos;

4.
   Secretaría de Administración;

5.
   Secretaría de Desarrollo Agropecuario;

6.
   Secretaría de Desarrollo Económico y del Trabajo;

7.
   Secretaría de Desarrollo Social;

8.
   Secretaría de Desarrollo Sustentable;

9.
   Secretaría de Educación;

10.
   Secretaría de Gobierno;

11.
   Secretaría de Hacienda;

12.
   Secretaría de la Contraloría;

13.
   Secretaría de Movilidad y Transporte;

14.
   Secretaría de Obras Públicas;

15.
   Secretaría de Salud; and

16.
   Secretaría de Turismo y Cultura.

Sub-list 2:
   Other Entities

1.
   Aeropuerto de Cuernavaca S.A. de C.V.;

2.
   Centro de Rehabilitación Integral "Xoxotla";

3.
   Centro Morelense de las Artes del Estado de Morelos (CMA);

  

4.
   Colegio de Bachilleres del Estado de Morelos (COBAEM);

5.
   Colegio de Educación Profesional Técnica del Estado de Morelos (CONALEP-MORELOS);

6.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Morelos (CECYTE);

7.
   Comisión Ejecutiva de Atención y Reparación a Víctimas del Estado de Morelos;

8.
   Comisión Estatal de Arbitraje Médico del Estado de Morelos (COESAMOR);

9.
   Comisión Estatal de Mejora Regulatoria (CEMER);

10.
   Comisión Estatal de Reservas Territoriales (CERT);

11.
   Comisión Estatal del Agua (CEAGUA);

12.
   Consejo de Ciencia y Tecnología del Estado de Morelos (CCYTEM);

13.
   Coordinación Estatal de Protección Civil Morelos;

14.
   Hospital del Niño Morelense;

15.
   Instituto de Capacitación para el Trabajo del Estado de Morelos (ICATMOR);

  

16.
   Instituto de Crédito para los Trabajadores al Servicio del Gobierno del Estado de Morelos (ICTSGEM);

17.
   Instituto de la Defensoría Pública del Estado de Morelos;

18.
   Instituto de la Educación Básica del Estado de Morelos (IEBEM);

19.
   Instituto de la Mujer para el Estado de Morelos (IMM);

20.
   Instituto de Servicios Registrales y Catastrales del Estado de Morelos (ISRyC);

21.
   Instituto del Deporte y Cultura Física del Estado de Morelos (INDEM);

22.
   Instituto Estatal de Educación para Adultos (INEEA);

23.
   Instituto Estatal de Infraestructura Educativa (INEIEM);

24.
   Instituto Morelense de Radio y Televisión (IMRyT);

25.
   Instituto Morelense para el Financiamiento del Sector Productivo (IMOFI);

26.
   Instituto Proveteranos de la Revolución del Sur;

  

27.
   Operador de Carreteras de Cuota;

28.
   Servicios de Salud de Morelos;

29.
   Sistema para el Desarrollo Integral de la Familia del Estado de Morelos (DIF MORELOS);

30.
   Universidad Politécnica del Estado de Morelos (UPEMOR);

31.
   Universidad Tecnológica del Sur del Estado de Morelos (UTSEM); and

32.
   Universidad Tecnológica Emiliano Zapata (UTEZ).

IX.
   NUEVO LEÓN

Sub-list 1:
   Government Entities

1.
   Contraloría y Transparencia Gubernamental;

2.
   Coordinación Ejecutiva de la Administración Pública del Estado;

3.
   Representación del Gobierno del Estado en la Ciudad de México;

4.
   Secretaría de Administración;

  

5.
   Secretaría de Desarrollo Agropecuario;

6.
   Secretaría de Desarrollo Social;

7.
   Secretaría de Desarrollo Sustentable;

8.
   Secretaría de Economía y Trabajo;

9.
   Secretaría de Educación;

10.
   Secretaría de Finanzas y Tesorería General del Estado;

11.
   Secretaría de Infraestructura;

12.
   Secretaría de Salud;

13.
   Secretaría de Seguridad Pública; and

14.
   Secretaría General de Gobierno.

Sub-list 2:
   Other Entities

1.
   Agencia para la Racionalización y Modernización del Sistema de Transporte Público de Nuevo León;

  

2.
   Colegio de Educación Profesional Técnica de Nuevo León (CONALEP);

3.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Nuevo León;

4.
   Consejo Estatal de Rehabilitación Urbana, A.C. (CERU);

5.
   Consejo Estatal de Transporte y Vialidad;

6.
   Consejo Estatal para la Promoción de Valores y Cultura de la Legalidad;

7.
   Consejo para la Cultura y las Artes de Nuevo León;

8.
   Corporación de Desarrollo Turístico de Nuevo León;

9.
   Corporación para el Desarrollo Agropecuario de Nuevo León (CODEAGRO);

10.
   Corporación para el Desarrollo de la Zona Fronteriza de Nuevo León;

11.
   Fiscalía General de Justicia;

12.
   Instituto Constructor de Infraestructura Física Educativa y Deportiva de Nuevo León;

13.
   Instituto de Capacitación y Educación para el Trabajo del Estado de Nuevo León;

  

14.
   Instituto de Control Vehicular;

15.
   Instituto de Innovación y Transferencia de Tecnología de Nuevo León;

16.
   Instituto de Investigación, Innovación y Estudios de Posgrado para la Educación en el Estado de Nuevo León;

17.
   Instituto de la Vivienda de Nuevo León;

18.
   Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado de Nuevo León;

19.
   Instituto Estatal de Cultura Física y Deporte;

20.
   Instituto Estatal de la Juventud;

21.
   Instituto Estatal de las Mujeres;

22.
   Instituto Estatal de Seguridad Pública;

23.
   Instituto Registral y Catastral del Estado de Nuevo León;

24.
   Operadora de Servicios Turísticos de Nuevo León;

25.
   Parque Fundidora;

  

26.
   Parques y Vida Silvestre de Nuevo León;

27.
   Promotora de Desarrollo Rural de Nuevo León;

28.
   Red Estatal de Autopistas de Nuevo León;

29.
   Régimen de Protección Social en Salud;

30.
   Servicios de Agua y Drenaje de Monterrey;

31.
   Servicios de Salud de Nuevo León;

32.
   Sistema de Caminos de Nuevo León;

33.
   Sistema de Transporte Colectivo;

34.
   Sistema Integral para el Manejo Ecológico y Procesamiento de Desechos;

35.
   Sistema para el Desarrollo Integral de la Familia del Estado de Nuevo León;

36.
   Unidad de Integración Educativa;

37.
   Universidad de Ciencias de la Seguridad;

  

38.
   Universidad Politécnica de Apodaca;

39.
   Universidad Politécnica de García;

40.
   Universidad Tecnológica de Cadereyta;

41.
   Universidad Tecnológica General Mariano Escobedo;

42.
   Universidad Tecnológica Linares; and

43.
   Universidad Tecnológica Santa Catarina.

X.
   PUEBLA

Sub-list 1:
   Government Entities

1.
   Secretaría de Desarrollo Social;

2.
   Procuraduría General de Justicia;

3.
   Secretaría de Bienestar;

4.
   Secretaría de Competitividad, Trabajo y Desarrollo Económico;

  

5.
   Secretaría de Cultura y Turismo;

6.
   Secretaría de Desarrollo Rural y Competitividad Agrícola;

7.
   Secretaría de Desarrollo Rural, Sustentabilidad y Ordenamiento Territorial;

8.
   Secretaría de Educación Pública;

9.
   Secretaría de Finanzas y Administración;

10.
   Secretaría de Infraestructura, Movilidad y Transportes;

11.
   Secretaría de la Contraloría;

12.
   Secretaría de Medio Ambiente y Ordenamiento Territorial;

13.
   Secretaría de Salud;

14.
   Secretaría de Seguridad Pública;

15.
   Secretaría de Servicios Legales y Defensoría Pública;

16.
   Secretaría del Trabajo y Competitividad; and

17.
   Secretaría General de Gobierno.

Sub-list 2:
   Other Entities

1.
   Banco Estatal de Tierra;

2.
   Carreteras de Cuota – Puebla;

3.
   Casa del Artesano del Estado de Puebla;

4.
   Centro de Conciliación Laboral del Estado de Puebla Comisión de Vivienda del Estado De Puebla;

5.
   Ciudad Modelo;

6.
   Colegio de Bachilleres del Estado de Puebla;

7.
   Colegio de Educación Profesional Técnica del Estado de Puebla;

8.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Puebla;

9.
   Comisión Estatal de Agua y Saneamiento del Estado de Puebla;

10.
   Comisión Estatal de Mejora Regulatoria;

  

11.
   Comité Administrador Poblano para la Construcción de Espacios Educativos;

12.
   Comité de Planeación para El Desarrollo del Estado de Puebla;

13.
   Consejo de Ciencia y Tecnología del Estado de Puebla;

14.
   Consejo Estatal de Coordinación del Sistema Nacional de Seguridad Pública;

15.
   Convenciones y Parques;

16.
   Coordinación Estatal de Asuntos Internacionales y de Apoyo a Migrantes Poblanos;

17.
   Coordinación Estatal de Transparencia y Gobierno Abierto;

18.
   Coordinación General de Comunicación y Agenda Digital;

19.
   Corporación Auxiliar de Policía de Protección Ciudadana;

20.
   Ejecutivo del Estado;

21.
   Hospital para El Niño Poblano;

22.
   Instituto de Capacitación para el Trabajo del Estado de Puebla;

  

23.
   Instituto de Capacitación para el Trabajo del Estado de Puebla;

24.
   Instituto de Educación Digital del Estado de Puebla;

25.
   Instituto de Profesionalización del Magisterio Poblano;

26.
   Instituto de Seguridad y Servicios Sociales de Los Trabajadores al Servicio de los Poderes del Estado de Puebla I.S.S.S.T.E.P.;

27.
   Instituto Estatal de Educación para Adultos;

28.
   Instituto Metropolitano de Planeación del Estado de Puebla;

29.
   Instituto Poblano de las Mujeres;

30.
   Instituto Registral y Catastral del Estado de Puebla;

31.
   Instituto Tecnológico Superior de Acatlán de Osorio;

32.
   Instituto Tecnológico Superior de Atlixco;

33.
   Instituto Tecnológico Superior de Ciudad Serdán;

  

34.
   Instituto Tecnológico Superior de Huauchinango;

35.
   Instituto Tecnológico Superior de la Sierra Negra de Ajalpan;

36.
   Instituto Tecnológico Superior de la Sierra Norte de Puebla;

37.
   Instituto Tecnológico Superior de Libres;

38.
   Instituto Tecnológico Superior de San Martín Texmelucan;

39.
   Instituto Tecnológico Superior de Tepeaca;

40.
   Instituto Tecnológico Superior de Tepexi de Rodríguez;

41.
   Instituto Tecnológico Superior de Teziutlán;

42.
   nstituto Tecnológico Superior de Tlatlauquitepec;

43.
   Instituto Tecnológico Superior de Venustiano Carranza;

44.
   Instituto Tecnológico Superior de Zacapoaxtla;

45.
   Museos Puebla;

  

46.
   Operadora Estatal de Aeropuertos Internacional de Puebla S.A. de C.V.;

47.
   Puebla Comunicaciones;

48.
   Red Urbana de Transporte Articulado;

49.
   Régimen Estatal de Protección Social en Salud;

50.
   Secretaría Ejecutiva del Sistema Estatal Anticorrupción;

51.
   Servicios de Salud del Estado de Puebla;

52.
   Sistema para el Desarrollo Integral de la Familia del Estado de Puebla;

53.
   Universidad Intercultural del Estado de Puebla;

54.
   Universidad Interserrana del Estado de Puebla-Ahuacatlán;

55.
   Universidad Interserrana del Estado de Puebla-Chilchotla;

56.
   Universidad Politécnica de Amozoc;

57.
   Universidad Politécnica de Puebla;

  

58.
   Universidad Politécnica Metropolitana de Puebla;

59.
   Universidad Tecnológica Bilingüe Internacional y Sustentable de Puebla;

60.
   Universidad Tecnológica de Huejotzingo;

61.
   Universidad Tecnológica de Izúcar de Matamoros;

62.
   Universidad Tecnológica de Oriental;

63.
   Universidad Tecnológica de Puebla;

64.
   Universidad Tecnológica de Tecamachalco;

65.
   Universidad Tecnológica de Tehuacán; and

66.
   Universidad Tecnológica de Xicotepec de Juárez.

XI.
   QUERÉTARO

Sub-list 1:
   Government Entities

1.
   Oficialía Mayor;

2.
   Procuraduría General de Justicia;

3.
   Secretaría de Desarrollo Agropecuario;

4.
   Secretaría de Desarrollo Social;

5.
   Secretaría de Desarrollo Sustentable;

6.
   Secretaría de Desarrollo Urbano y Obras Públicas;

7.
   Secretaría de Educación;

8.
   Secretaría de Gobierno;

9.
   Secretaría de Juventud;

10.
   Secretaría de la Contraloría;

11.
   Secretaría de Planeación y Finanzas;

12.
   Secretaría de Salud;

13.
   Secretaría de Seguridad Ciudadana;

  

14.
   Secretaría de Trabajo; and

15.
   Secretaría de Turismo.

Sub-list 2:
   Other Entities

1.
   Aeropuerto Intercontinental de Querétaro;

2.
   Casa Queretana de las Artesanías;

3.
   Centro de Evaluación y Control de Confianza del Estado de Querétaro;

4.
   Centro Estatal de Trasplantes de Querétaro;

5.
   Colegio de Bachilleres del Estado de Querétaro;

6.
   Colegio de Educación Profesional Técnica del Estado de Querétaro;

7.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Querétaro;

8.
   Comisión Estatal de Aguas;

9.
   Comisión Estatal de Infraestructura de Querétaro;

  

10.
   Comisión Estatal del Sistema Penitenciario de Querétaro;

11.
   Comisión para el Fomento Económico de las Empresas del Sector Industrial Aeroespacial, Comercial y de Servicios del Estado de Querétaro;

12.
   Consejo de Ciencia y Tecnología del Estado de Querétaro;

13.
   Instituto de Artes y Oficios de Querétaro;

14.
   Instituto de Capacitación para el Trabajo del Estado de Querétaro;

15.
   Instituto de Formación Policial del Estado de Querétaro;

16.
   Instituto de Infraestructura Física Educativa del Estado de Querétaro;

17.
   Instituto de la Vivienda del Estado de Querétaro;

18.
   Instituto del Deporte y la Recreación del Estado de Querétaro;

19.
   Instituto Queretano de las Mujeres;

20.
   Instituto Queretano del Transporte;

  

21.
   Patronato de las Fiestas de Querétaro;

22.
   Procuraduría Estatal de Protección al Medio Ambiente y Desarrollo Urbano;

23.
   Régimen Estatal de Protección Social en Salud en el Estado de Querétaro;

24.
   Secretaría Ejecutiva del Sistema Estatal Anticorrupción;

25.
   Servicios de Salud del Estado de Querétaro;

26.
   Sistema Estatal de Comunicación Cultural y Educativa;

27.
   Sistema para el Desarrollo Integral de la Familia del Estado de Querétaro;

28.
   Unidad de Servicios para la Educación Básica en el Estado de Querétaro;

29.
   Universidad Aeronáutica en Querétaro;

30.
   Universidad Politécnica de Querétaro;

31.
   Universidad Politécnica de Santa Rosa Jáuregui;

  

32.
   Universidad Tecnológica de Corregidora;

33.
   Universidad Tecnológica de Querétaro; and

34.
   Universidad Tecnológica de San Juan del Río.

XII.
   SAN LUIS POTOSÍ

Sub-list 1:
   Government Entities

1.
   Contraloría General del Estado;

2.
   Oficialía Mayor;

3.
   Procuraduría General de Justicia;

4.
   Secretaría de Comunicaciones y Transportes;

5.
   Secretaría de Cultura;

6.
   Secretaría de Desarrollo Agropecuario y Recursos Hidráulicos;

7.
   Secretaría de Desarrollo Económico;

  

8.
   Secretaría de Desarrollo Social y Regional;

9.
   Secretaría de Desarrollo Urbano, Vivienda y Obras Públicas;

10.
   Secretaría de Ecología y Gestión Ambiental;

11.
   Secretaría de Educación;

12.
   Secretaría de Finanzas;

13.
   Secretaría de Turismo;

14.
   Secretaría del Trabajo y Previsión Social; and

15.
   Secretaría General de Gobierno.

Sub-list 2:
   Other Entities

1.
   Agencia Pro San Luis;

2.
   Archivo Histórico del Estado;

3.
   Casa Cuna Margarita Maza de Juárez;

  

4.
   Centro Cultural Real de Catorce;

5.
   Centro de Asistencia Social Rafael Nieto;

6.
   Centro de Asistencia Social Rosario Castellanos;

7.
   Centro de Convenciones de San Luis Potosí;

8.
   Centro de las Artes San Luis Potosí Centenario;

9.
   Centro de Producción Santa Rita S.A. de C.V.;

10.
   Centro Estatal de Cultura y Recreación Tangamanga "Profesor Carlos Jonguitud Barrios";

11.
   Centro Estatal de Cultura y Recreación Tangamanga Ii;

12.
   Cineteca Alameda del Estado de San Luis Potosí;

13.
   Colegio de Bachilleres del Estado de San Luis Potosí;

14.
   Colegio de Educación Profesional Técnica del Estado de San Luis Potosí;

15.
   Colegio de Estudios Científicos y Tecnológicos del Estado de San Luis Potosí;

  

16.
   Comisión Ejecutiva Estatal de Atención a Víctimas del Estado de San Luis Potosí;

17.
   Comisión Estatal del Agua del Estado de San Luis Potosí;

18.
   Consejo Consultivo del Centro Histórico;

19.
   Consejo Estatal de Población;

20.
   Consejo Potosino de Ciencia y Tecnología;

21.
   Coordinación Estatal para el Fortalecimiento Institucional de los Municipios;

22.
   El Colegio de San Luis Potosí, A.C;

23.
   Hospital Central Dr. Ignacio Morones Prieto;

24.
   Instituto de Capacitación para el Trabajo del Estado de San Luis Potosí;

25.
   Instituto de Desarrollo Humano y Social de los Pueblos y Comunidades Indígenas del Estado;

26.
   Instituto de las Mujeres del Estado de San Luis Potosí;

27.
   Instituto de Televisión Pública de San Luis Potosí Xhsls Canal 9;

  

28.
   Instituto de Vivienda del Estado de San Luis Potosí;

29.
   Instituto Estatal de Ciegos;

30.
   Instituto Estatal de Educación para Adultos;

31.
   Instituto Estatal de Infraestructura Física Educativa;

32.
   Instituto Geriátrico Dr. Nicolás Aguilar;

33.
   Instituto Potosino de Bellas Artes;

34.
   Instituto Potosino de Cultura Física y Deporte;

35.
   Instituto Potosino de Investigación Científica y Tecnológica, A.C.;

36.
   Instituto Potosino de la Juventud;

37.
   Instituto Registral y Catastral del Estado de San Luis Potosí;

38.
   Instituto Tecnológico Superior de Ébano;

39.
   Instituto Tecnológico Superior de Rio Verde San Luis Potosí;

  

40.
   Instituto Tecnológico Superior de San Luis Potosí;

41.
   Instituto Tecnológico Superior de Tamazunchale;

42.
   Instituto Temazcalli Prevención y Rehabilitación;

43.
   Junta Estatal de Caminos;

44.
   Museo de Arte Contemporáneo de San Luis Potosí;

45.
   Museo del Ferrocarril;

46.
   Museo del Virreinato;

47.
   Museo Federico Silva "Escultura Contemporánea";

48.
   Museo Francisco Cossío del Estado de San Luis Potosí;

49.
   Museo Laberinto de las Ciencias y las Artes;

50.
   Museo Nacional de la Máscara;

51.
   Patronato para la Organización, Difusión y Administración de la Feria Nacional Potosina;

  

52.
   Promotora del Estado de San Luis Potosí;

53.
   Régimen Estatal de Protección Social en Salud;

54.
   Servicios de Salud de San Luis Potosí;

55.
   Sistema Estatal para el Desarrollo Integral de la Familia;

56.
   Universidad Intercultural de San Luis Potosí;

57.
   Universidad Politécnica de San Luis Potosí;

58.
   Universidad Tecnológica de San Luis Potosí; and

59.
   Universidad Tecnológica Metropolitana de San Luis Potosí.

XIII.
   VERACRUZ

Sub-list 1:
   Government Entities

1.
   Contraloría General;

2.
   Coordinación General de Comunicación Social;

  

3.
   Procuraduría General de Justicia;

4.
   Secretaría de Desarrollo Agropecuario, Rural y Pesca;

5.
   Secretaría de Desarrollo Económico y Portuario;

6.
   Secretaría de Desarrollo Social;

7.
   Secretaría de Educación;

8.
   Secretaría de Finanzas y Planeación;

9.
   Secretaría de Gobierno;

10.
   Secretaría de Infraestructura y Obras Públicas;

11.
   Secretaría de Medio Ambiente;

12.
   Secretaría de Protección Civil;

13.
   Secretaría de Salud;

14.
   Secretaría de Seguridad Pública;

  

15.
   Secretaría de Trabajo, Previsión Social y Productividad; and

16.
   Secretaría de Turismo y Cultura.

Sub-list 2:
   Other Entities

1.
   Academia Veracruzana de las Lenguas Indígenas;

2.
   Colegio de Bachilleres del Estado de Veracruz;

3.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Veracruz;

4.
   Colegio de Veracruz;

5.
   Colegio Nacional de Educación Profesional Técnica del Estado de Veracruz;

6.
   Comisión de Arbitraje Médico del Estado de Veracruz;

7.
   Comisión del Agua del Estado de Veracruz;

8.
   Comisión Ejecutiva de Atención Integral a Víctimas del Delito;

9.
   Consejo Veracruzano de Investigación Científica y Desarrollo Tecnológico;

  

10.
   Instituto de Capacitación para el Trabajo del Estado de Veracruz;

11.
   Instituto de Espacios Educativos del Estado de Veracruz;

12.
   Instituto de Pensiones del Estado de Veracruz;

13.
   Instituto de Policía Auxiliar y Protección Patrimonial;

14.
   Instituto Tecnológico de Superior Acayucan;

15.
   Instituto Tecnológico Superior de Álamo Temapache;

16.
   Instituto Tecnológico Superior de Alvarado;

17.
   Instituto Tecnológico Superior de Chicontepec;

18.
   Instituto Tecnológico Superior de Coatzacoalcos;

19.
   Instituto Tecnológico Superior de Cosamaloapan;

20.
   Instituto Tecnológico Superior de Huatusco;

21.
   Instituto Tecnológico Superior de Jesús Carranza;

  

22.
   Instituto Tecnológico Superior de Juan Rodríguez Clara;

23.
   Instituto Tecnológico Superior de las Choapas;

24.
   Instituto Tecnológico Superior de Martínez de la Torre;

25.
   Instituto Tecnológico Superior de Misantla;

26.
   Instituto Tecnológico Superior de Naranjos;

27.
   Instituto Tecnológico Superior de Pánuco;

28.
   Instituto Tecnológico Superior de Perote;

29.
   Instituto Tecnológico Superior de Poza Rica;

30.
   Instituto Tecnológico Superior de San Andrés Tuxtla;

31.
   Instituto Tecnológico Superior de Tantoyuca;

32.
   Instituto Tecnológico Superior de Tierra Blanca;

33.
   Instituto Tecnológico Superior de Xalapa;

  

34.
   Instituto Tecnológico Superior de Zongolica;

35.
   Instituto Veracruzano de Desarrollo Municipal;

36.
   Instituto Veracruzano de Educación para los Adultos;

37.
   Instituto Veracruzano de la Cultura

38.
   Instituto Veracruzano de la Vivienda;

39.
   Instituto Veracruzano de las Mujeres;

40.
   Instituto Veracruzano del Deporte;

41.
   Procuraduría Estatal de Protección al Medio Ambiente;

42.
   Radiotelevisión de Veracruz;

43.
   Régimen Veracruzano de Protección Social en Salud;

44.
   Servicios de Salud de Veracruz;

45.
   Sistema para el Desarrollo Integral de la Familia del Estado de Veracruz;

  

46.
   Universidad Politécnica de Huatusco;

47.
   Universidad Tecnológica de Gutiérrez Zamora;

48.
   Universidad Tecnológica del Centro de Veracruz; and

49.
   Universidad Tecnológica del Sureste de Veracruz.

XIV.
   ZACATECAS

Sub-list 1:
   Government Entities

1.
   Coordinación Estatal de Planeación;

2.
   Coordinación General Jurídica;

3.
   Secretaría de Administración;

4.
   Secretaría de Desarrollo Social;

5.
   Secretaría de Desarrollo Urbano, Vivienda y Ordenamiento Territorial;

6.
   Secretaría de Economía;

  

7.
   Secretaría de Educación;

8.
   Secretaría de Finanzas;

9.
   Secretaría de la Función Pública;

10.
   Secretaría de las Mujeres;

11.
   Secretaría de Obras Públicas;

12.
   Secretaría de Salud;

13.
   Secretaría de Seguridad Pública;

14.
   Secretaría de Turismo;

15.
   Secretaría del Agua y Medio Ambiente;

16.
   Secretaría del Campo;

17.
   Secretaría del Zacatecano Migrante; and

18.
   Secretaría General de Gobierno.

Sub-list 2:
   Other Entities

1.
   Centro Estatal de Trasplantes de Órganos y Tejidos;

2.
   Colegio de Bachilleres del Estado de Zacatecas;

3.
   Colegio de Educación Profesional y Técnica de Zacatecas;

4.
   Colegio de Estudios Científicos y Tecnológicos del Estado de Zacatecas;

5.
   Consejo Estatal de Desarrollo Económico;

6.
   Consejo Zacatecano de Ciencia, Tecnología e Innovación;

7.
   Escuela de Conservación y Restauración de Zacatecas "Refugio Reyes";

8.
   Instituto de Capacitación para el Trabajo;

9.
   Instituto de Cultura Física y el Deporte del Estado de Zacatecas;

10.
   Instituto de la Juventud del Estado de Zacatecas;

11.
   Instituto de Seguridad y Servicios Sociales para el Estado de Zacatecas;

  

12.
   Instituto de Selección y Capacitación del Estado;

13.
   Instituto para la Atención e Inclusión de las Personas con Discapacidad en el Estado de Zacatecas;

14.
   Instituto Tecnológico Superior de Fresnillo;

15.
   Instituto Tecnológico Superior de Jerez;

16.
   Instituto Tecnológico Superior de Loreto;

17.
   Instituto Tecnológico Superior de Nochistlán;

18.
   Instituto Tecnológico Superior de Río Grande;

19.
   Instituto Tecnológico Superior de Sombrerete;

20.
   Instituto Tecnológico Superior de Tlaltenango;

21.
   Instituto Zacatecano de Construcción de Escuelas;

22.
   Instituto Zacatecano de Cultura "Ramón López Velarde";

  

23.
   Instituto Zacatecano de Educación para Adultos;

24.
   Junta de Protección y Conservación de Monumentos y Zonas Típicas del Estado de Zacatecas;

25.
   Patronato Estatal de Promotores Voluntarios;

26.
   Régimen Estatal de Protección Social en Salud;

27.
   Servicios de Salud de Zacatecas;

28.
   Sistema Estatal para el Desarrollo Integral de la Familia;

29.
   Sistema Zacatecano de Radio y Televisión;

30.
   Universidad Politécnica de Zacatecas;

31.
   Universidad Politécnica del Sur de Zacatecas; and

32.
   Universidad Tecnológica de Zacatecas.

  

Notes to Section B

General Rules

1.
   All entities subordinated to the sub-central government entities listed in Sub‑list 1 (Government Entities) of each State are covered, provided the entity does not have a separate legal personality.

2.
   The translation of the names of entities listed in this Section is only provided for the purpose of reference and does not constitute an official translation.

Exclusion from Coverage

3.
   Section G (Public Private Partnership Projects) of Chapter 21 (Public Procurement) does not apply to Section B (Sub-Central Government Entities).

4.
   Chapter 21 (Public Procurement) does not apply to public procurement of goods, services and construction services related to penitentiary systems under this Section (Sub-Central Government Entities).

  

5.
   Chapter 21 (Public Procurement) applies to the procurement of goods, services and construction services irrespective of the origin of the public funding with the following exceptions:

(a)
   for Ciudad de México, the procurement of goods and services is only covered to the extent it is funded by financial contributions under Ramo 33 of the Federal Expenditure Budget and provided under Chapter V of the Fiscal Coordination Law (Capítulo V de la Ley de Coordinación Fiscal);

(b)
   for Estado de México, public procurement of goods, services and construction services is only covered to the extent it is funded by financial contributions under Ramo 28 and Ramo 33 of the Federal Expenditure Budget and provided under Chapter V of the Fiscal Coordination Law (Capítulo V de la Ley de Coordinación Fiscal); and

(c)
   for Jalisco, public procurement of goods and services is only covered to the extent it is funded by financial contributions under Ramo 28 and Ramo 33 of the Federal Expenditure Budget and provided under Chapter V of the Fiscal Coordination Law (Capítulo V de la Ley de Coordinación Fiscal).

6.
   For Durango, Chapter 21 (Public Procurement) does not apply to procurement:

(a)
   related to construction services for education sector;

(b)
   related to projects and actions derived from social programs; and

(c)
   of school uniforms.

  

7.
   For the entities listed in Sub-list 1 (Government Entities) of Estado de México, the applicable threshold for public procurement of construction services under Section F is USD 12 721 740.

8.
   Chapter 21 (Public Procurement) does not apply to public procurement by Jalisco until three years after the date of signature of this Agreement.

9..
   The provisions of Chapter 21 (Public Procurement) related to the use of electronic means do not apply to public procurement of Veracruz until four years after the date of signature of this Agreement.

10.
   For Zacatecas:

(a)
   the coverage of goods only includes the goods under groups FSC 10, FSC 12, FSC 14, FSC 63, FSC 66, FSC 68, FSC 71, FSC 70, FSC 74, and FSC 9999, of the Federal Supply Classification;

(b)
   the coverage of services only includes the services under categories D304, D316, D399, J015, J016, J017, L099 and R019, of the Common Classification System set out in the Appendix 13-D-1 (Common Classification System) to the Agreement between the United States of America, the United Mexican States, and Canada established by Annex I of the Protocol of 30 November 2018 replacing the North America Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada (the "USMCA"); and

  

(c)
   for greater certainty, the coverage of construction services listed in Section F (Construction Services) applies to procurement made by entities listed under the coverage of Zacatecas.

Improvement of Mutual Market Access

11.
   No later than two years after the date of signature of this Agreement, Mexico shall provide to the European Union an offer for extending the coverage of this Section to procurement entities of the States of Aguascalientes and Coahuila.

12.
   No later than five years after the date of signature of this Agreement, Mexico shall provide to the European Union an offer for extending the coverage of this Section.

Following the exchange between the Parties of the offers for improved market access referred to in this paragraph and paragraph 1 of the Notes to Section B (Sub-Central Government Entities) of Annex 21-A (Covered Procurement of the European Union), the Sub-Committee on Public Procurement established by paragraph (j) of Article 32.4.1 (Sub-Committees and Other Bodies) shall, if the representatives of the Parties to that subcommittee consider the offered market access as equivalent, prepare for the Trade Council, in accordance with subparagraph (b) of Article 21.19 (Sub-Committee on Public Procurement), a decision for modifying this Section.

  

13.
   The Trade Council shall adopt the decision modifying this Section in accordance with the offers referred to in paragraphs 11 and 12 within six months, subject to the completion of each Party's internal procedures.

14.
   The amounts of the thresholds expressed in USD of this Section shall be adjusted every year to take account of the inflation rate of the United States of America in parallel with the adjustments made for Agreement between the United States of America, the United Mexican States, and Canada (the "USMCA") by using the following formula:

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)

The adjustment of the thresholds shall be calculated in accordance with the following:

(a)
   the inflation rate of the United States of America shall be measured by the Producer Price Index for Finished Goods published by the U.S. Bureau of Labor Statistics; and

(b)
   adjustments shall be calculated by using two-year periods, each period beginning on 1 November, and shall take effect on 1 January of the year immediately following the end of the two-year period.

Mexico shall notify the European Union the adjusted threshold values no later than on 16 November of the year preceding the year the adjustment shall take effect.

15.
   Mexico shall calculate and convert the value of the thresholds into Mexican pesos using the conversion rate of the Banco de México (Bank of Mexico).That conversion rate shall be the value of the Mexican peso in terms of the USD on 1 December and on 1 June of each year, or the first working day thereafter. The conversion rate of 1 December shall apply from 1 January to 30 June of the following year, and the conversion rate as of 1 June shall apply from 1 July to 31 December of that year.

Mexico shall notify to the European Union the conversion rate and the determined threshold values in Mexican pesos prior to their application.

16.
   Information related to thresholds shall be published on the following website: www.compranet.gob.mx.

  

SECTION C

OTHER ENTITIES

1.
   Unless otherwise provided for in this Annex and subject to the General Notes in Section H, Chapter 21 (Public Procurement) applies to the procuring entities of Mexico listed in this Section, if the value of the supplies is equal to or exceeds the following thresholds:

(a)
   USD 397 535 for goods and services covered under Sections D and E; and

(b)
   USD 12 721 740 for construction services and public private partnership projects covered under Sections F and G.

2.
   The thresholds set out in paragraph 1 are for 2018 and subject to adjustment to inflation in accordance with paragraph 16 of the Section H (General Notes).

LIST OF OTHER ENTITIES

1.
   Aeropuerto Internacional de la Ciudad de México, S.A. de C.V. (International Airport of México City).

2.
   Aeropuertos y Servicios Auxiliares (ASA) (Airports and Auxiliary Services).

  

3.
   Caminos y Puentes Federales de Ingresos y Servicios Conexos (CAPUFE) (Federal Toll Roads and Bridges and Related Services).

4.
   Centro de Integración Juvenil, A.C. (Youth Integration Centers).

5.
   Comisión Federal de Electricidad (CFE) (Federal Electricity Commission), including:

(a)
   Comisión Federal de Electricidad (Coorporativo) (Federal Electricity Commission – Corporate-);

(b)
   Empresas Productiva Subsidiaria CFE Distribución (Subsidiary Productive Company CFE Distribution);

(c)
   Empresas Productiva Subsidiaria CFE Transmisión (Subsidiary Productive Company CFE Transmission);

(d)
   Empresas Productiva Subsidiaria CFE Generación I (Subsidiary Productive Company CFE Generation I);

(e)
   Empresas Productiva Subsidiaria CFE Generación II (Subsidiary Productive Company CFE Generation II);

  

(f)
   Empresas Productiva Subsidiaria CFE Generación III (Subsidiary Productive Company CFE Generation III);

(g)
   Empresas Productiva Subsidiaria CFE Generación IV (Subsidiary Productive Company CFE Generation IV);

(h)
   Empresas Productiva Subsidiaria CFE Generación V (Subsidiary Productive Company CFE Generation V);

(i)
   Empresas Productiva Subsidiaria CFE Generación VI (Subsidiary Productive Company CFE Generation VI); and

(j)
   Empresas Productiva Subsidiaria CFE Suministrador de Servicios Básicos (Subsidiary Productive Company CFE Basic Services Provider).

6.
   Comisión Nacional del Agua (National Water Commission).

7.
   Comisión Nacional Forestal (National Forestry Commission).

8.
   Comisión Nacional para el Desarrollo de los Pueblos Indigenas (National Commission for the Development of Indigenous People).

9.
   Comisión para la Regularización de la Tenencia de la Tierra (Commission for the Regularisation of Land Tenure).

  

10.
   Consejo Nacional de Ciencia y Tecnología (CONACYT) (National Science and Technology Council).

11.
   Consejo de Promoción Turística de México, S.A. de C.V. (México Tourism Board).

12.
   Distribuidora Impulsora Comercial de Conasupo S.A. de C.V. (Diconsa) (Commercial Distributor and Trade Promotion).

13.
   Ferrocarril del Istmo de Tehuantepec, S.A. de C.V. (Railroad of the Itsmo de Tehuantepec).

14.
   Grupo Aeroportuario de la Ciudad de México S.A. de C.V. (Airport Group of México City).

15.
   Instituto Mexicano de Cinematografía (Mexican Institute of Cinematography).

16.
   Instituto Mexicano de la Juventud (Mexican Youth Institute).

17.
   Instituto Mexicano del Seguro Social (IMSS) (Mexican Social Security Institute).

18.
   Instituto Nacional de la Infraestructura Física Educativa (National Institute of Physical Educational Infrastructure).

19.
   Instituto Nacional de las Mujeres (Women National Institute).

  

20.
   Instituto Mexicano de la Propiedad Industrial (Mexican Institute of Industrial Property).

21.
   Instituto Nacional de las Personas Adultas Mayores (National Institute for the Elderly).

22.
   Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado (ISSSTE) (Institute of Social Security and Services for Government Employees).

23.
   Instituto de Seguridad Social para las Fuerzas Armadas Mexicanas (Institute of Social Security for the Mexican Armed Forces).

24.
   Instituto Nacional para la Educación de los Adultos (National Institute for Adult Education).

25.
   Leche Industrializada Conasupo S.A. de C.V. (Liconsa) – no incluye la compra de bienes agrícolas adquiridos para programas de apoyo a la agricultura o bienes para la alimentación humana (Conasupo Industrialized Milk – not including procurement of agricultural goods made in furtherance of agricultural support programmes or goods for human feeding programs).

26.
   Lotería Nacional para la Asistencia Pública (National Lottery for Public Assistance).

27.
   NOTIMEX S.A. de C.V.

  

28.
   Petróleos Mexicanos (PEMEX) – no incluye las compras de combustibles y gas (Mexican Petroleum – not including procurement of fuels and gas):

(a)
   PEMEX Corporativo (PEMEX Corporate);

(b)
   PEMEX Exploración y Producción (PEMEX Exploration and Production);

(c)
   PEMEX Perforación y Servicios (PEMEX Drilling and Services);

(d)
   PEMEX Transformación Industrial (PEMEX Industrial Transformation);

(e)
   PEMEX Logística (PEMEX Logistics);

(f)
   PEMEX Cogeneración y Servicios (PEMEX Co-Generation and Services);

(g)
   PEMEX Etileno (PEMEX Ethylene); and

(h)
   PEMEX Fertilizantes (PEMEX Fertilisers).

29.
   Instituto Mexicano del Petróleo (Mexican Institute of Petroleum).

30.
   Procuraduría Federal del Consumidor (Federal Office of The Attorney for Consumers).

31.
   Pronósticos para la Asistencia Pública (Forecasting for Public Assistance).

32.
   Servicio Aeroportuario de la Ciudad de México, S.A. de C.V. (Airport Services of México City).

33.
   Servicio Geológico Mexicano (Mexican Geological Service).

34.
   Servicio Postal Mexicano (Mexican Postal Services).

35.
   Sistema Nacional para el Desarrollo Integral de la Familia (DIF) – no incluye las compras de bienes agrícolas adquiridos para programas de apoyo a la agricultura o bienes para la alimentación humana (National System for Integral Family Development – not including procurement of agricultural goods made in furtherance of agricultural support programs or human feeding programs).

36.
   Talleres Gráficos de México (National Printers of Mexico).

37.
   Financiera para el Bienestar (Financial for Well-being).

38.
   Consejo Nacional para Prevenir la Discriminación (National Council to Prevent Discrimination).

  

39.
   Autoridad Federal para el Desarrollo de las Zonas Económicas Especiales (Federal Authority for the Development of Special Economic Zones).

40.
   Comisión Nacional para la Protección y Defensa de los Usuarios de Servicios Financieros (National Commission for the Protection and Defence of the Users of Financial Services).

41.
   Instituto para el Desarrollo Técnico de las Haciendas Públicas (Institute for the Technical Development of Public Treasuries).

42.
   Centro Nacional para el Desarrollo y la Inclusión de las Personas con Discapacidad (National Center for the Development and Inclusion of Persons with Disabilities).

43.
   Centro Nacional de Metrología (National Metrology Center).

44.
   Hospital Juárez de México (Juárez Hospital of Mexico).

45.
   Hospital General Dr. Manuel Gea González (General Hospital Dr. Manuel Gea González).

46.
   Hospital General de México Dr. Eduardo Liceaga (General Hospital of Mexico Dr. Eduardo Liceaga).

47.
   Hospital Infantil de México Federico Gómez (Children's Hospital of Mexico Federico Gómez).

  

48.
   Comité Nacional para el Desarrollo Sustentable de la Caña de Azúcar (National Committee for the Sustainable Development of Sugar Cane).

49.
   Productora Nacional de Biológicos Veterinarios (National Producer of Veterinary Biologicals).

50.
   Organismo Promotor de Inversiones en Telecomunicaciones (Telecommunications Investment Promotion Organisation).

51.
   Comisión Nacional de los Salarios Mínimos (National Commission on Minimum Wages).

52.
   Comisión Nacional de Vivienda (National Housing Commission).

53.
   Centro Nacional del Control del Gas Natural (National Control Center for Natural Gas).

54.
   Centro Nacional de Control de Energía (National Control Center for Energy).

55.
   Administración Portuaria Integral de Altamira, S.A de C.V. (Integral Port Administration of Altamira, S.A de C.V.).

56.
   Administración Portuaria Integral de Lázaro Cárdenas, S.A de C.V. (Integral Port Administration of Lázaro Cárdenas, S.A de C.V.).

  

57.
   Administración Portuaria Integral de Manzanillo, S.A de C.V. (Integral Port Administration of Manzanillo, S.A de C.V.).

58.
   Administración Portuaria Integral de Veracruz, S.A de C.V. (Integral Port Administration of Veracruz, S.A de C.V.).

59.
   Instituto Nacional de Lenguas Indígenas (National Institute for Indigenous Languages).

60.
   Instituto Nacional de Ciencias Penales (National Institute of Penal Sciences).

61.
   Comisión Nacional de los Derechos Humanos (National Human Rights Commission).

62.
   Instituto Nacional de Estadística y Geografía (National Institute of Statistics and Geography).

63.
   Comisión Federal de Competencia Económica (Federal Economic Competition Commission).

64.
   Instituto Federal de Telecomunicaciones (Federal Telecommunications Institute).

NOTES TO SECTION C

The English translation of entities listed in this Section is only provided for the purpose of reference and does not constitute an official translation.

  

SECTION D

GOODS

1.
   Unless otherwise provided for in this Annex and subject to the General Notes in Section H, Chapter 21 (Public Procurement) covers the procurement of all goods procured by the entities listed in Sections A to C.

2.
   Notwithstanding paragraph 1, for procurement by the Secretaría de la Defensa Nacional (Ministry of National Defence) and the Secretaría de Marina (Ministry of Navy) Chapter 21 (Public Procurement) covers only the goods described in the codes of the Federal Supply Classification (FSC) specified below:

22.
   Railway equipment

23.
   Ground effect vehicles, motor vehicles, trailers and cycles (except buses in 2310 and military trucks and trailers in 2320 and 2330, and tracked combat, assault and tactical vehicles in 2350)

24.
   Tractors

25.
   Vehicular equipment components

  

26.
   Tires and tubes

29.
   Engine accessories

30.
   Mechanical power transmission equipment

32.
   Woodworking machinery and equipment

34.
   Metal-working machinery

35.
   Service and trade equipment

36.
   Special industry machinery

37.
   Agricultural machinery and equipment

38.
   Construction, mining, excavating, and highway maintenance equipment

39.
   Materials handling equipment

40.
   Rope, cable, chain, and fittings

41.
   Refrigeration, air conditioning, and air circulating equipment

  

42.
   Firefighting, rescue, and safety equipment; and environmental protection equipment and materials

43.
   Pumps and compressors

44.
   Furnace, steam plant, and drying equipment; and nuclear reactors

45.
   Plumbing, heating, and waste disposal equipment

46.
   Water purification and sewage treatment equipment

47.
   Pipe, tubing, hose, and fittings

48.
   Valves

49.
   Maintenance and repair shop equipment

52.
   Measuring tools

53.
   Hardware and abrasives

54.
   Prefabricated structures and scaffolding

  

55.
   Lumber, millwork, plywood, and veneer

56.
   Construction and building materials

61.
   Electric wire, and power and distribution equipment

62.
   Lighting fixtures and lamps

63.
   Alarm, signal and security detection systems

65.
   Medical, dental, and veterinary equipment and supplies

66.
   Instruments and laboratory equipment

67.
   Photographic equipment

68.
   Chemicals and chemical products

69.
   Training aids and devices

70.
   Automatic data processing equipment (including firmware), software, supplies and support equipment

  

71.
   Furniture

72.
   Household and commercial furnishings and appliances

73.
   Food preparation and serving equipment

74.
   Office machines, text processing systems and visible record equipment

75.
   Office supplies and devices

76.
   Books, maps, and other publications (except 7650: drawings and specifications)

77.
   Musical instruments, phonographs, and home-type radios

78.
   Recreational and athletic equipment

79.
   Cleaning equipment and supplies

80.
   Brushes, paints, sealers, and adhesives

81.
   Containers, packaging, and packing supplies

85.
   Toiletries

87.
   Agricultural supplies

88.
   Live animals

91.
   Fuels, lubricants, oils, and waxes

93.
   Nonmetallic fabricated materials

94.
   Nonmetallic crude materials

96.
   Ores, minerals, and their primary products (except 9620: minerals, natural and synthetic)

99.
   Miscellaneous

  

SECTION E

SERVICES

Chapter 21 (Public Procurement) covers the procurement of all services other than construction services that are procured by entities listed in Sections A to C with the exception of the following services identified in accordance with the Common Classification System in Appendix 13-D-1 (Common Classification System Services) of the USMCA:

|  |  |  |
| --- | --- | --- |
| A |  | Research and Development |
|  |  | All classes |
| C |  | Architecture and Engineering Services |
|  | C130 | Restoration (only for preservation of historic sites and buildings) |
| D |  | Information Processing and Related Telecommunications Services |
|  | D304 | ADP Telecommunications and Transmissions Services, except for those services that are classified as enhanced or value added, which is defined as telecommunications services using computerised processing systems, which: (a) act on the format, content, code, protocol or similar aspects of the information transmitted by the user, (b) provide the customer with additional, different or restructured information, or (c) involve user interaction with stored information. For purposes of this definition, the acquisition of ADP telecommunications and transmission services does not include the ownership or the furnishing of facilities for voice or data transmission services. |
|  | D305 | ADP Services for Teleprocessing and Timeshare. |
|  | D309 | Information and Data Broadcasting Services or Data Distribution Services |
|  | D316 | Telecommunications Network Management Services |
|  | D317 | Automated News Services, Data Services, or Other Information Services |
|  |  | Buying Data (the electronic equivalent of books, periodicals, newspapers, etc.) |
|  | D399 | Other ADP Telecommunications Services (includes data storage on tape, CDs, etc.) |
| F |  | Natural Resources Services. |
|  | F011 | Pesticides / Insecticides Support Services |
| G |  | Health and Social Services. |
|  |  | All classes |
| J |  | Maintenance, Repair, Modification, Rebuilding and Installation of Goods |
|  |  | Equipment |
|  | J010 | Armament |
|  | J011 | War Nuclear Material |
|  | J012 | Fire Equipment and Control |
|  | J013 | Ammunition and Explosives |
|  | J014 | Guided Missiles |
|  | J015 | Aircrafts and Aircraft Structures Components |
|  | J016 | Aircrafts Components and Accessories |
|  | J017 | Takeoff, Landing, and Ground Handling Aircraft Equipment |
|  | J018 | Space Vehicles |
|  | J019 | Shipments, Small Structures, Barges and Floating Docks |
|  | J020 | Boats and Marine Equipment |
|  | J022 | Rail Equipment |
|  | J023 | Land Vehicles, Motored Vehicles, Trailers and Motorcycles |
|  | J024 | Tractors |
|  | J025 | Motor Vehicles Parts |
|  | J998 | Non-nuclear Ships Repair |
| K |  | Custodial Operations and Related Services (professional services only for protection, personal security installations carried out by armed guards) |
|  | K103 | Fueling and Other Petroleum Services – Excluding Storage |
|  | K105 | Guard services (professional services only for protection, personal security and surveillance installations carried out by armed guards) |
|  | K109 | Surveillance services (professional services only for protection, personal security and surveillance installations carried out by armed guards) |
|  | K110 | Solid Fuel Handling Services |
| L |  | Financial and Related Services |
|  |  | All classes |
| R |  | Professional, Administrative and Management Support Services |
|  | R003 | Legal Services |
|  | R004 | Certifications and Accreditations, for products and institutions other than educational institutions |
|  | R012 | Patent and Trade Mark Services |
|  | R016 | Personal Services Contracts |
|  | R101 | Expert Witness (only for legal services) |
|  | R103 | Courier and Messenger Services |
|  | R105 | Mailing and Distribution Services (post office services excluded) |
|  | R106 | Post Office Services |
|  | R116 | Court Reporting Services |
|  | R200 | Military Recruitment |
| S |  | Utilities |
|  |  | All classes |
| T |  | Communications, Photographic, Mapping, Printing and Publication Services |
|  | T000 | Communications Studies |
|  | T001 | Market Research and Public Opinion Services (formerly telephone and field interview services, including focus testing, syndicated and attitude surveys), except for CPC 86503 Management Consulting Marketing Services. |
|  | T002 | Communication Services (including exhibit services) |
|  | T004 | Public Relations Services (including writing services, event planning and management, media relations, radio and TV analysis, press services) |
|  | T005 | Arts/Graphics Services |
|  | T008 | Film Processing Services |
|  | T009 | Film/Video Production Services |
|  | T010 | Microfiche Services |
|  | T013 | General Photography Services – Still |
|  | T014 | Print/Binding Services |
|  | T015 | Reproduction Services |
|  | T017 | General Photography Services – Motion |
|  | T018 | Audio/Visual Services |
|  | T099 | Other Communication, Photography, Mapping, Printing and Publication |
|  |  | Services |
| U |  | Educational and Training Services |
|  | U003 | Reserves Training (military) |
|  | U010 | Certifications and Accreditations for Educational Institutions |
| V |  | Transportation, Travel and Relocation Services |
|  |  | All classes (except V503 Travel Agent Services) |
| W |  | Lease and Rental of Equipment which require patent protection, copyright or other proprietary rights. |
|  | W058 | Communication, Detection and Coherent Radiation Equipment |

  

Notes to Section E

1.
   Mexico shall propose to the Trade Council the necessary amendments to this Section for harmonising its classification based on the NAFTA Common Classification with the CPC Code based on the United Nations Provisional Central Product Classification in a period not exceeding 5 years after the entry into force of this Agreement. The Trade Council shall adopt the proposed amendments by a decision.

2.
   Chapter 21 (Public Procurement) does not apply to the operation of government facilities under concessions.

3.
   Chapter 21 (Public Procurement) does not apply to services related to goods acquired by the Secretaría de la Defensa Nacional (Ministry of National Defence) and the Secretaría de Marina (Ministry of Navy) that are not covered by Chapter 21 (Public Procurement).

4.
   For greater certainty, the supply of services covered under Chapter 21 is, with regard to cross‑border supplies, subject to Chapter 11 (Cross-Border Trade in Services), Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) and Chapter 18 (Financial Services).

  

SECTION F

CONSTRUCTION SERVICES

Unless otherwise provided for in this Annex and subject to the General Notes in Section H, Chapter 21 (Public Procurement) applies to all construction services procured by the entities listed in Sections A to C, identified in Division 51 of the United Nations Provisional Central Product Classification (CPC).

SECTION G

PUBLIC PRIVATE PARTNERSHIP PROJECTS

1.
   For the purposes of this Annex:

"Public Private Partnership Projects" (hereinafter referred to as "PPP Projects") means projects developed under a scheme, with the purpose of providing services to the public sector, wholesalers, intermediaries or final consumers which are implemented through a long-term contractual relationship between a public authority and a private economic operator,
[12](#footnote12)
 in which infrastructure is totally or partially provided by the private economic operator.

  

2.
   PPP Projects awarded by procuring entities listed in Sections A and C are covered under Chapter 21 (Public Procurement).

3.
   Articles 21.6.4 (Notices) and 21.17 (Domestic Review Procedures) do not apply to PPP Projects covered in accordance with paragraph 2.

4.
   For the purposes of the evaluation of unsolicited PPP Projects proposals, Mexico shall apply its law and treat enterprises of the European Union the same way as Mexican enterprises.

Notes to Section G

1.
   PPP Projects may be used for activities for which the law of Mexico allows the participation of the private sector and for which the licenses, authorisations or concessions are granted that are necessary to provide the related services.

2.
   Notwithstanding the provisions of Chapter 21 (Public Procurement), the entities listed in Section A may require, in accordance with the law of Mexico, the local establishment of the winning bidder in order to develop and manage the PPP Projects.

3.
   In the context of PPP Projects, procuring entities may use limited tendering in accordance with the conditions set out in Article 21.12 (Limited Tendering) and Article 64 of the Ley de Asociaciones Público Privadas (Law of Public Private Associations), as amended on 21 April 2016 by the Decreto por el que se reforman y derogan diversas disposiciones de la Ley de Asociaciones Público Privadas (Decree reforming and repealing various provisions of the Law of Public Private Associations).

  

4.
   Enterprises of the European Union shall have the same access to review procedures in Mexico as enterprises of Mexico.

SECTION H

GENERAL NOTES

General Exceptions

1.
   Chapter 21 (Public Procurement) does not apply to procurements made:

(a)
   with a view to commercial resale by government-owned retail stores;

(b)
   for the purchases of goods and services by a covered entity through its own subordinated entities;

(c)
   by a covered entity from another entity provided the covered entity exercises control over the other entity similar to that which it exercises over its own subordinated entities; or

(d)
   for the purchase of water and for the supply of energy or of fuels for the production of energy.

2.
   Chapter 21 (Public Procurement) does not apply to public utility services, including telecommunications, transmission, water and energy services.

  

3.
   Chapter 21 (Public Procurement) does not apply to transportation services, including land transportation (CPC 71); water transport (CPC 72); air transport (CPC 73); supporting and auxiliary transport (CPC 74); post and telecommunications services (CPC 75); and repair services of other transport equipment, on a fee or contractual basis (CPC 8868).

4.
   Chapter 21 (Public Procurement) applies to build-operate-transfer contracts and public works concessions contracts only to the extent that those contracts are covered under Section G (Public‑Private Partnership Projects).

Set Aside of Procurement Contracts

5.
   Notwithstanding Chapter 21 (Public Procurement), Mexico may set aside procurement contracts from the obligations of Chapter 21 (Public Procurement) subject to the following conditions:

(a)
   the total value of the procurement contracts set aside may not exceed the Mexican peso equivalent of USD 2 328 000 000 in each calendar year from the date of entry into force of this Agreement, which may be allocated by all procurement entities, including PEMEX and CFE;

(b)
   the total value of procurement contracts under any single FSC class (or other classification system agreed by the Parties) that may be set aside under this paragraph in any year shall not exceed 10 % of the total value of contracts that may be set aside under this paragraph for that year;

  

(c)
   no entity subject to subparagraph (a) may set aside contracts in any calendar year of a value of more than 20 % of the total value of contracts that may be set aside for that year; and

(d)
   the total value of the contracts set aside by PEMEX and CFE may not exceed the Mexican peso equivalent of USD 466 000 000 in each calendar year.

6.
   Beginning in January of the calendar year following the year of the entry into force of this Agreement, the USD values referred to in paragraph 5 shall be adjusted annually for cumulative inflation, based on the implicit price deflator for the United States Gross Domestic Product (USGDP) or any successor index published by the Council of Economic Advisors in Economic Indicators.

The dollar values adjusted for cumulative inflation up to January of each calendar year following 2018 shall be equal to the original dollar values multiplied by the ratio of the implicit USGDP price deflator or any successor index published by the Council of Economic Advisors in Economic Indicators, current as of January of that year, to the implicit USGDP price deflator or any successor index published by the Council of Economic Advisors in Economic Indicators, current as of January 2018, provided that those price deflators have the same base year.

The resulting adjusted dollar values shall be rounded to the nearest million dollars. Mexico shall notify to the European Union the adjusted dollar values during the months of January of the year the adjustment shall take effect.

  

7.
   If Mexico exceeds in a given year the total value of contracts it may set aside in accordance with paragraph 5, Mexico shall consult with the European Union with a view to agreeing on a compensation in the form of additional procurement opportunities during the following year. The consultations shall be without prejudice to the rights of the other Party under Chapter 31 (Dispute Settlement).

Local Content Requirements of PEMEX and CFE

8.
   Notwithstanding Chapter 21 (Public Procurement), PEMEX and CFE may impose a local content requirement of no more than:

(a)
   40 % for labour-intensive turnkey or major integrated projects; or

(b)
   20 % for capital-intensive turnkey or major integrated projects.

9.
   For the purposes of this paragraph, "turnkey or major integrated project" means a construction, supply or installation project undertaken by a prime contractor pursuant to a right granted by an entity with respect to which:

(a)
   the prime contractor is vested with the authority to select the general contractors or subcontractors;

(b)
   neither PEMEX nor CFE fund the project;

  

(c)
   the prime contractor bears the risks associated with non-performance; and

(d)
   the facility will be operated by an entity or through a procurement contract of that entity.

10.
   Any lowering of that percentage of contract value decided by PEMEX or CFE as a result of an international agreement or law of Mexico, regulation or policy, shall replace the above mentioned percentages on a permanent basis. When applying this Note, procuring entities of Mexico shall treat European Union bidders no less favourable than Mexican or other third country bidders.

11.
   The term "local content" means the costs for components, sub-components and raw materials produced in Mexico, including the costs of labour or other related services such as after-sale and maintenance services, as determined in the tender. It also includes all costs related to a final assembly in Mexico. The bidder shall have the right to determine which part of the contract value will be fulfilled through the use of Mexican acquired value, on the basis of possibilities set out in the tender notice.

12.
   The eligible costs shall provide reasonable flexibility for a successful bidder to source the contract value on competitive terms from Mexican suppliers, including with respect to price and quality. PEMEX and CFE shall not split contracts with the purpose of restricting the choice of eligible costs of the bidder.

  

13.
   The procuring entities shall clearly and objectively indicate the existence of local content requirements and attached conditions in both the tender notices and the contract.

14.
   Ten years after entry into force of this Agreement, Mexico shall submit a report regarding the application of this paragraph to the Sub-Committee on Public Procurement established by subparagraph 1(j) of Article 33.4.1 (Sub-Committees and Other Bodies).

15.
   Nothing in Chapter 21 (Public Procurement) shall be construed as requiring PEMEX to enter into risk-sharing contracts.

Thresholds Adjustment Formula

16.
   The threshold values expressed in USD in Sections A and C of this Section shall be adjusted for every calender year to inflation at the rate determined for the United States of America in accordance with the thresholds adjustment formula set out in paragraph 1 of Section G of Annex 13-A (Schedule of Mexico) to Chapter 13 (Government Procurement) of the USMCA.

Mexico shall notify the European Union the inflation rate determined by the United States of America no later than 18 November of the year preceding the adjustment shall take effect.

  

17.
   Mexico shall calculate and convert the value of the thresholds into Mexican pesos using the conversion rate of the Banco de México (Bank of Mexico).That conversion rate shall be the value of the Mexican peso in terms of the USD on 1 December and on 1 June of each year, or the first working day thereafter. The conversion rate of 1 December shall apply from 1 January to 30 June of the following year, and the conversion rate as of 1 June shall apply from 1 July to 31 December of that year. Mexico shall notify to the European Union the conversion rate and the determined threshold values in Mexican pesos prior to their application.

18.
   Information related to thresholds shall be published on the following website: www.compranet.gob.mx.

SECTION I

PROCUREMENT INFORMATION

Mexico publishes procurement information on the following websites:

A
   Publication of General Procurement Measures

I.
   For Central Government and Other Entities

www.dof.gob.mx

  

II.
   For Sub-Central Government and Other Entities

Chihuahua

http://www.chihuahua.gob.mx/periodicooficial

Ciudad de México

https://www.consejeria.cdmx.gob.mx/gaceta-oficial

Colima

http://www.periodicooficial.col.gob.mx/p/indexperi.php

Durango

http://secretariageneral.durango.gob.mx/periodico-oficial/

Estado de México

https://legislacion.edomex.gob.mx/ve\_periodico\_oficial

  

Guanajuato

http://periodico.guanajuato.gob.mx/faces/publico/InicioPub.jsf?\_adf.ctrl-state=10xvevwyq7\_3

Jalisco

https://periodicooficial.jalisco.gob.mx/periodicos/periodico-oficial

Morelos

http://periodico.morelos.gob.mx/

Nuevo León

http://www.nl.gob.mx/aplicaciones/periodicooficialdelestado

Puebla

http://periodicooficial.puebla.gob.mx/

Querétaro

http://lasombradearteaga.segobqueretaro.gob.mx/

  

San Luis Potosí

http://apps.slp.gob.mx/po/ConsultaDocumentos.aspx

Veracruz

http://www.veracruz.gob.mx/gaceta-oficial/

Zacatecas

http://periodico.zacatecas.gob.mx/

B
   Publication of Procurement Notices

I.
   For Central Government and Other Entities

(a)
   www.compranet.gob.mx

(b)
   www.pemex.com

(c)
   www.cfe.gob.mx

  

II.
   For Sub-Central Government and Other Entities

Chihuahua

https://contrataciones.chihuahua.gob.mx/

Ciudad de México

https://www.tianguisdigital.cdmx.gob.mx/

Colima

https://proveedores.col.gob.mx/

Durango

https://comprasestatal.durango.gob.mx/

Estado de México

https://compramex.edomex.gob.mx/compramex/public/home.xhtml

  

Guanajuato

https://transparencia.guanajuato.gob.mx/transparencia/informacion\_publica\_licitaciones.php

Jalisco

https://encompras.jalisco.gob.mx/compras/encompras

Morelos

https://compras.morelos.gob.mx/

Nuevo León

http://secop.nl.gob.mx/

Puebla

http://licitaciones.puebla.gob.mx/

Querétaro

https://www.queretaro.gob.mx/OM/Adquisiciones/

  

San Luis Potosí

http://apps.slp.gob.mx/po/ConsultaDocumentos.aspx

Veracruz

http://www.veracruz.gob.mx/finanzas/transparencia-abrogada/transparencia-fiscal/licitaciones/

Zacatecas

http://funcionpublica.zacatecas.gob.mx/licitaciones.php

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 22-A

NON-CONFORMING ACTIVITIES OF MEXICO

EXPLANATORY NOTE

1.
   The list of Mexico in this Annex sets out, pursuant to Article 22.4 (Non-Conforming Activities), the non-conforming activities of a state-owned enterprise or designated monopoly, with respect to which the obligations in Article 22.6 (Non-Discriminatory Treatment and Commercial Considerations) do not apply:

2.
   Each entry in the list sets out the following elements:
   

(a)
   "Obligation Concerned" specifies the obligations set-out in Article 22.6 (Non-Discriminatory Treatment and Commercial Considerations) which, pursuant to Article 22.4 (Non‑Conforming Activities), do not apply to the non-conforming activities of the state-owned enterprise or designated monopoly, as set out in paragraph 3;

(b)
   "Entity" identifies the state-owned enterprise or designated monopoly for which the entry is made;

(c)
   "Scope of the Non-conforming Activities" provides a description of the scope of the non‑conforming activities of the state-owned enterprise or designated monopoly for which the entry is made; and

  

(d)
   "Measures" identifies, for transparency purposes, a non-exhaustive list of the laws, regulations, or other measures pursuant to which the state-owned enterprise or designated monopoly carries out the non-conforming activities for which the entry is made.

LIST OF MEXICO

|  |  |
| --- | --- |
| Obligations Concerned: | Article 22.6.1(a) (Non-discriminatory Treatment and Commercial Considerations) |
| Entity: | Federal Electricity Commission (Comisión Federal de Electricidad), its subsidiaries and affiliates, and any new, reorganised or successor enterprise or entity |
| Scope of Non-Conforming Activities: | The entity may grant preferences to goods and services of Mexican enterprises in its purchases of goods and services, pursuant to the measures listed below, when carrying out the activities within the territory of Mexicopursuant to its legal mandate  Mexico may require the entity in the contracts and permits awarded or granted to that entity, to include preferences for the purchase of goods and services of Mexican enterprises, when engaging in among others, the financing, installation, maintenance and expansion of the infrastructure necessary to provide the public service related to the activities of the electricity sector, pursuant to the Ley del Sector Eléctrico.  The preferences to goods and services as described above are granted pursuant to the entry in Annex I – MX – 14 (Electricity).  For greater certainty, this entry does not affect the obligations set out in Article 22.6.1(b) (Non-Discriminatory Treatment and Commercial Considerations). |
| Measures: | (a)    Constitución Política de los Estados Unidos Mexicanos (United Mexican States Political Constitution), Articles 25, 27 and 28.  (b)     Decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de energía, published in the Official Journal on 31 October 2024 (Decree amending and supplementing various provisions of the Political Constitution of the United Mexican States on Energy).  (c)     Ley de la Empresa Pública del Estado, Comisión Federal de Electricidad (State Public Enterprise,  Federal Electricity Commission Law) Articles 1, 3, 8, 65 and 81.  (d)    Ley del Sector Eléctrico (Electric Sector Law) Articles 1, 2, 4, 5, 8, 10, 12, 13, 29, 40, 44 to 48, 57,60, 61,108 and 109.  (e)     Ley del Sector de Hidrocarburos (Hydrocarbons Sector Law), Articles 95 and 104.  (f)     Ley de Ingresos sobre Hidrocarburos (Hydrocarbons Revenue Law), Article 31.  (g)    Ley Reglamentaria del artículo 27 Constitucional en Materia Nuclear (Regulatory Law of Article 27 of the Constitution on Nuclear Matter) as published in the Official Journal on February 4, 1985 and its last update on April 9, 2012, Article 15 paragraphs 1 and 2, and 49  (h)    Implementing laws and regulations of the measures referred to in subparagraphs (a) to (g) |
| Obligations Concerned: | Article 22.6.1(a) (Non-discriminatory Treatment and Commercial Considerations) |
| Entity: | Petróleos Mexicanos, its subsidiaries and affiliates, and any new, reorganised or successor enterprise or entity |
| Scope of the Non-Conforming Activities: | The entity may grant preferences to goods and services of Mexican enterprises in its purchases of goods and services, pursuant to the measures listed below, when engaging in the exploration and production of oil and other hydrocarbons within the territory of Mexico.  Mexico may require the entity in the entitlements, exploration and production contracts, and permits awarded or granted to the entity, to include preferences for the purchase of national goods or domestic services.  The average national content for exploration and production activities shall be at least 35 %. In the case of deepwater and ultra-deepwater projects, the Ministry of Economy shall establish the methodology to measure national content in Exploration and Extraction Assignments and Contracts, and to verify compliance with the national content percentage in accordance with the established compliance program. |
|  | The preferences to goods and services as described above are granted pursuant to the entry in Annex I – MX – 12 (Energy).  For greater certainty, this entry does not affect the obligations set out in Article 22.6.1(b) (Non-Discriminatory Treatment and Commercial Considerations).  A State Owned Enterprise, whose exclusive object is to explore and extract hydrocarbons, may be granted a direct allocation of the right to develop the referred activities by the Ministry of Energy who shall prove that it is the most adequate mechanism for the State's interests, in terms of production and a guarantee of supply of hydrocarbons. |
| Measures: | (a)    Constitución Política de los Estados Unidos Mexicanos (United Mexican States Political Constitution), Articles 25, 27 and 28.  (b)     Decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de energía, published in the Official Journal on 31 October 2024 (Decree amending and supplementing various provisions of the Political Constitution of the United Mexican States on Energy).  (c)     Ley del Sector de Hidrocarburos (Hydrocarbons Sector Law) Articles 1, 3, 4, 10 to 14, 24, 26, 28, 30, 31, 44, 58, 69, 74,78,158 and 161 to 1633. (d)    Ley de Ingresos sobre Hidrocarburos (Income Law on Hydrocarbons) as published in the Official Journal on 11 August 2014 and its last update on December 24, 2018, Article 31.  (e)    Ley de la Empresa Pública del Estado, Petróleos Mexicanos (State Public Enterprise, Petróleos Mexicanos Law) Articles 8,10,11,16,62,65 and 79  (f)    Reglamento de la Ley de Hidrocarburos (Regulation of the Hydrocarbons Law) as published in the Official Journal on 31 October 2014, Articles 14 and 36 |
|  | (g)    Metodología para la Medición del Contenido Nacional en Asignaciones y Contratos para la Exploración y Extracción de Hidrocarburos, así como para los permisos en la Industria de Hidrocarburos, emitida por la Secretaría de Economía (Methodology for the Measurement of the National Content in the Entitlements and Exploration and Production Contracts of Hydrocarbons, and for the permits in the Hydrocarbons Industry, issued by the Ministry of Economy) as published in the Official Journal on 13 November 2014.  (h)    Acuerdo por el que se establecen los valores para 2015 y 2025 de contenido nacional en las actividades de Exploración y Extracción de Hidrocarburos en aguas profundas y ultra profundas, emitidos por la Secretaría de Economía (Agreement establishing the values for 2015 and 2025 of national content in the activities of Exploration and Extraction of Hydrocarbons in deep and ultra deep waters, issued by the Ministry of Economy) as published in the Official Journal on 29 March 2016.  (i)    Implementing laws and regulations of the measures referred to in subparagraphs (a) to (h). |

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 25-A

MAIN ELEMENTS OF THE OPPOSITION PROCEDURE

SECTION A

MAIN ELEMENTS OF THE OPPOSITION PROCEDURE 
  
IN THE EUROPEAN UNION

When carrying out an opposition procedure as referred to in Article 25.33, the European Union shall ensure the following.

1.
   Any natural or legal person except those established or resident in Mexico, having a legitimate interest, shall be invited, by publication of a notice, to oppose the envisaged protection of the geographical indication concerned by lodging a duly substantiated statement. The notice shall include the name(s) with the corresponding transcription into Latin characters, and the product type of the geographical indication to be protected.

2.
   Statements of opposition shall reach the European Commission no later than two months after the date of publication of the notice.

  

3.
   Statements of opposition shall be admissible only if they are received within the time-limit set out above and if they show that:

(a)
   the protection of the name proposed would conflict with the name of a plant variety, including a wine grape variety or an animal breed, and as a result is likely to mislead the consumer as to the true origin of the good;

(b)
   there is a homonymous name which is likely to mislead the consumer into believing that the good comes from another territory;

(c)
   the protection of the name proposed would in the light of a trademark's reputation and renown and the length of time it has been used, be likely to mislead the consumer as to the true identity of the good;

(d)
   the protection of the name proposed would jeopardise the existence of an entirely or partly identical name or of a trademark or the existence of a good which has been legally on the market for at least five years preceding the date of the publication of the notice; or

(e)
   the information provided by the opponent indicates that the name, for which protection and registration is considered, is generic.

4.
   The elements of the opposition procedure referred to above shall be evaluated in relation to the territory of the European Union, which in the case of intellectual property rights refers only to the territory or territories where those rights are protected.

  

SECTION B

MAIN ELEMENTS OF THE OPPOSITION PROCEDURE IN MEXICO

When carrying out an opposition procedure as referred to in Article 25.33, Mexico shall ensure the following.

Legitimate interested persons shall have the right to oppose the envisaged protection of a geographical indication in accordance with the law of Mexico. The criteria for opposition shall be published in a public notice and are the following:

1.
   the name is identical to, or has a degree of similarity so as to lead to confusion with ("semejante en grado de confusion"), a protected appellation of origin or geographical indication for the same or a similar good;

2.
   the name is identical to, or has a degree of similarity so as to lead to confusion with ("semejante en grado de confusion"), a name that is subject to a pending pre-existing good faith application for recognition as appellation of origin or geographical indication for the same or a similar good;

3.
   the name is generic or is commonly used in the territory of Mexico for the good that is intended to be protected, or, has become a common or generic element of that good in common or commercial language;

4.
   the name, considering all its characteristics, constitutes a description of the good that it seeks to protect. Those characteristics shall include descriptive or indicative words which usually serve to designate species, quality, quantity, composition, destination or value of a good in the course of trade;

5.
   the name is identical to, or has a degree of similarity so as to lead to confusion with ("semejante en grado de confusion"), a registered trademark or commercial name registered in Mexico, applicable to the same or similar goods;

6.
   the name is identical to, or has a degree of similarity so as to lead to confusion with ("semejante en grado de confusion"), a pending pre-existing good faith application for trademarks or commercial names;

7.
   the name is a translation or transliteration of an appellation of origin or geographical indication which cannot be protected; and

8.
   the name conflicts with the name of a plant variety, including a wine grape variety, or an animal breed.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 25-B

LIST OF GEOGRAPHICAL INDICATIONS

SECTION A

GEOGRAPHICAL INDICATIONS OF THE EUROPEAN UNION 
  
AS REFERRED TO IN ARTICLE 25.32(a)

|  |  |  |  |
| --- | --- | --- | --- |
| Designation name | Transliteration | Product type | Origin |
| Steirischer Kren |  | Horseradish | Austria |
| Steirisches Kürbiskernöl |  | Other edible oils | Austria |
| Tiroler Almkäse; Tiroler Alpkäse |  | Hard cow cheese | Austria |
| Tiroler Bergkäse |  | Hard cow cheese | Austria |
| Tiroler Graukäse |  | Hard cow cheese | Austria |
| Tiroler Speck |  | Pork Ham | Austria |
| Vorarlberger Alpkäse |  | Cheese | Austria |
| Vorarlberger Bergkäse |  | Hard cow cheese | Austria |
| Beurre d'Ardenne |  | Butter | Belgium |
| Fromage de Herve |  | Soft cow cheese | Belgium |
| Jambon d'Ardenne |  | Pork Ham | Belgium |
| Pâté Gaumais |  | Other cooked meats | Belgium |
| Plate de Florenville |  | Potatoes | Belgium |
| Vin mousseux de qualité de Wallonie |  | Wine | Belgium |
| Vin de pays des jardins de Wallonie |  | Wine | Belgium |
| Crémant de Wallonie |  | Wine | Belgium |
| Côtes de Sambre et Meuse |  | Wine | Belgium |
| Българско розово масло | Bulgarsko rozovo maslo | Essential oil | Bulgaria |
| Дунавска равнина | Dunavska ravnina | Wine | Bulgaria |
| Тракийска низина | Trakiĭska nizina | Wine | Bulgaria |
| Γλυκό Τριαντάφυλλο Αγρού | Glyko Triantafyllo Agrou | Confectionery | Cyprus |
| Λουκούμι Γεροσκήπου | Loukoumi Geroskipou | Confectionery | Cyprus |
| Κουμανδαρία | Coumandaria | Wine | Cyprus |
| Λεμεσός | Lemesos | Wine | Cyprus |
| Πάφος | Pafos | Wine | Cyprus |
| České pivo |  | Beers | Czech Republic |
| Českobudějovické pivo [13](#footnote13) |  | Beers | Czech Republic |
| Žatecký chmel |  | Hops | Czech Republic |
| Bayerisches Bier |  | Beers | Germany |
| Bremer Bier |  | Beers | Germany |
| Dortmunder Bier |  | Beers | Germany |
| Hopfen aus der Hallertau |  | Hops | Germany |
| Kölsch [14](#footnote14) |  | Beers | Germany |
| Kulmbacher Bier |  | Beers | Germany |
| Lübecker Marzipan |  | Confectionery | Germany |
| Münchener Bier [15](#footnote15) |  | Beers | Germany |
| Nürnberger Bratwürste; Nürnberger Rostbratwürste |  | Preparations from pork (100 %) | Germany |
| Nürnberger Lebkuchen |  | Biscuits | Germany |
| Schwarzwälder Schinken [16](#footnote16) |  | Pork ham | Germany |
| Tettnanger Hopfen |  | Hops | Germany |
| Baden |  | Wine | Germany |
| Franken |  | Wine | Germany |
| Mosel |  | Wine | Germany |
| Pfalz |  | Wine | Germany |
| Rheingau |  | Wine | Germany |
| Rheinhessen |  | Wine | Germany |
| Württemberg |  | Wine | Germany |
| Danablu |  | Blue cow cheese | Denmark |
| Esrom |  | Hard cow cheese | Denmark |
| Γραβιέρα Κρήτης | Graviera Kritis | Olive oil | Greece |
| Ελιά Καλαμάτας | Elia Kalamatas | Table olives | Greece |
| Καλαμάτα | Kalamata | Olive oil | Greece |
| Κασέρι | Kasseri | Semi-hard sheep milk cheese or sheep and goat milk cheese | Greece |
| Κεφαλογραβιέρα | Kefalograviera | Hard sheep milk cheese or sheep and goat milk cheese | Greece |
| Κολυμβάρι Χανίων Κρήτης | Kolymvari Chanion Kritis | Olive oil | Greece |
| Κορινθιακή Σταφίδα Βοστίτσα | Korinthiaki Stafida Vostitsa | Raisins | Greece |
| Κρόκος Κοζάνης | Krokos Kozanis | Saffron | Greece |
| Λακωνία | Lakonia | Olive oil | Greece |
| Λέσβος / Μυτιλήνη | Lesvos / Mytilini | Olive oil | Greece |
| Λυγουριό Ασκληπιείου | Lygourio Asklipiiou | Olive Oil | Greece |
| Μανούρι | Manouri | Soft lactoserum | Greece |
| Μαστίχα Χίου | Masticha Chiou | Natural gums and resins | Greece |
| Πεζά Ηρακλείου Κρήτης | Peza Irakliou Kritis | Olive oil | Greece |
| Πράσινες Ελιές Χαλκιδικής | Prasines Elies Chalkidikis | Table olives | Greece |
| Σητεία Λασιθίου Κρήτης | Sitia Lasithiou Kritis | Olive oil | Greece |
| Φέτα [17](#footnote17) | Feta | White sheep milk cheese or sheep and goat milk cheese | Greece |
| Χανιά Κρήτης | Chania Kritis | Olive oil | Greece |
| Μαντινεία | Mantineia | Wine | Greece |
| Νεμέα | Nemea | Wine | Greece |
| Ρετσίνα Αττικής | Retsina Attikis | Wine | Greece |
| Σάμος | Samos | Wine | Greece |
| Σαντορίνη | Santorini | Wine | Greece |
| Aceite del Baix Ebre-Montsià; Oli del Baix Ebre-Montsià |  | Olive oil | Spain |
| Aceite del Bajo Aragón |  | Olive oil | Spain |
| Antequera |  | Olive oil | Spain |
| Azafrán de la Mancha |  | Saffron | Spain |
| Baena |  | Olive oil | Spain |
| Cabrales |  | Cheese | Spain |
| Cecina de León |  | Other cured meats | Spain |
| Cítricos Valencianos; Cítrics Valencians [18](#footnote18) |  | Oranges, Clementines, Lemons | Spain |
| Dehesa de Extremadura |  | Pork ham | Spain |
| Estepa |  | Olive oil | Spain |
| Guijuelo |  | Pork ham | Spain |
| Idiazabal |  | Hard sheep cheese | Spain |
| Jabugo |  | Pork ham | Spain |
| Jamón de Teruel / Paleta de Teruel |  | Pork ham | Spain |
| Jijona |  | Confectionery | Spain |
| Les Garrigues |  | Olive oil | Spain |
| Los Pedroches |  | Pork ham | Spain |
| Mahón-Menorca |  | Hard mixed milk cheese | Spain |
| Pimentón de la Vera |  | Paprika | Spain |
| Pimentón de Murcia |  | Paprika | Spain |
| Polvorones de Estepa |  | Biscuits | Spain |
| Priego de Córdoba |  | Olive oil | Spain |
| Queso Manchego [19](#footnote19) |  | Hard sheep cheese | Spain |
| Queso Tetilla / Queixo Tetilla |  | Cheese | Spain |
| Salchichón de Vic; Llonganissa de Vic |  | Other cured meats | Spain |
| Sierra de Cádiz |  | Olive oil | Spain |
| Sierra de Cazorla |  | Olive oil | Spain |
| Sierra de Segura |  | Olive oil | Spain |
| Sierra Mágina |  | Olive oil | Spain |
| Siurana |  | Olive oil | Spain |
| Sobrasada de Mallorca |  | Other cured meats | Spain |
| Ternera Gallega |  | Bovines | Spain |
| Turrón de Alicante |  | Confectionery | Spain |
| Alicante [20](#footnote20) |  | Wine | Spain |
| Bierzo |  | Wine | Spain |
| Calatayud |  | Wine | Spain |
| Campo de Borja |  | Wine | Spain |
| Cariñena |  | Wine | Spain |
| Castilla [21](#footnote21) |  | Wine | Spain |
| Castilla y León |  | Wine | Spain |
| Cataluña |  | Wine | Spain |
| Cava [22](#footnote22) |  | Wine | Spain |
| Cigales |  | Wine | Spain |
| Empordà |  | Wine | Spain |
| Jerez-Xérès-Sherry |  | Wine | Spain |
| Jumilla |  | Wine | Spain |
| La Mancha |  | Wine | Spain |
| Málaga |  | Wine | Spain |
| Manzanilla-Sanlúcar de Barrameda |  | Wine | Spain |
| Navarra |  | Wine | Spain |
| Penedès |  | Wine | Spain |
| Priorat |  | Wine | Spain |
| Rías Baixas |  | Wine | Spain |
| Ribeiro |  | Wine | Spain |
| Ribera del Duero |  | Wine | Spain |
| Rioja |  | Wine | Spain |
| Rueda [23](#footnote23) |  | Wine | Spain |
| Somontano |  | Wine | Spain |
| Toro [24](#footnote24) |  | Wine | Spain |
| Utiel-Requena |  | Wine | Spain |
| Valdepeñas |  | Wine | Spain |
| Valencia |  | Wine | Spain |
| Yecla |  | Wine | Spain |
| Abondance |  | Cheese | France |
| Ail blanc de Lomagne |  | Garlic | France |
| Ail de la Drôme |  | Garlic | France |
| Ail rose de Lautrec |  | Garlic | France |
| Beaufort |  | Cheese | France |
| Bleu d'Auvergne |  | Blue cow cheese | France |
| Brie de Meaux |  | Soft cow cheese | France |
| Camembert de Normandie |  | Soft cow cheese | France |
| Canard à foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy) |  | Other cooked meats and fresh liver | France |
| Cantal / fourme de Cantal / cantalet |  | Hard cow cheese | France |
| Chabichou du Poitou |  | Cheese | France |
| Comté |  | Hard cow cheese | France |
| Crottin de Chavignol / Chavignol |  | Cheese | France |
| Emmental de Savoie |  | Hard cow cheese | France |
| Époisses |  | Cheese | France |
| Fourme d'Ambert |  | Cheese | France |
| Gruyère [25](#footnote25) |  | Hard cow cheese | France |
| Huile d'olive de Haute-Provence |  | Olive oil | France |
| Huile essentielle de lavande de Haute-Provence / Essence de lavande de Haute-Provence |  | Essential oil | France |
| Huîtres Marennes Oléron |  | Non processed molluscs | France |
| Jambon de Bayonne |  | Pork ham | France |
| Lentille verte du Puy |  | Lentils | France |
| Maroilles / Marolles |  | Cheese | France |
| Morbier [26](#footnote26) |  | Cheese | France |
| Munster; Munster-Géromé |  | Soft cow cheese | France |
| Neufchâtel |  | Cheese | France |
| Noix de Grenoble |  | Walnuts | France |
| Piment d'Espelette; Piment d'Espelette – Ezpeletako Biperra |  | Pepper | France |
| Pomme du Limousin |  | Apples | France |
| Pont-l'Évêque |  | Cheese | France |
| Pruneaux d'Agen; Pruneaux d'Agen mi-cuits |  | Plums (dried or candied) | France |
| Reblochon; Reblochon de Savoie |  | Hard cow cheese | France |
| Roquefort |  | Blue sheep cheese | France |
| Saint-Nectaire |  | Cheese | France |
| Tomme de Savoie |  | Cheese | France |
| Volailles de Loué |  | Poultry | France |
| Alsace |  | Wine | France |
| Anjou |  | Wine | France |
| Beaujolais |  | Wine | France |
| Bergerac |  | Wine | France |
| Bordeaux |  | Wine | France |
| Bourgogne |  | Wine | France |
| Cahors |  | Wine | France |
| Chablis |  | Wine | France |
| Champagne |  | Wine | France |
| Châteauneuf-du-Pape |  | Wine | France |
| Cheverny |  | Wine | France |
| Côtes de Blaye |  | Wine | France |
| Côtes de Gascogne |  | Wine | France |
| Côtes de Provence |  | Wine | France |
| Côtes du Rhône |  | Wine | France |
| Côtes du Roussillon |  | Wine | France |
| Floc de Gascogne |  | Wine | France |
| Graves |  | Wine | France |
| Haut-Médoc |  | Wine | France |
| Languedoc |  | Wine | France |
| Mâcon |  | Wine | France |
| Margaux |  | Wine | France |
| Médoc |  | Wine | France |
| Moulis / Moulis-en-Médoc |  | Wine | France |
| Pauillac |  | Wine | France |
| Pays d'Hérault |  | Wine | France |
| Pays d'Oc |  | Wine | France |
| Pessac-Léognan |  | Wine | France |
| Pomerol |  | Wine | France |
| Pommard |  | Wine | France |
| Premières Côtes de Bordeaux |  | Wine | France |
| Romanée-Conti |  | Wine | France |
| Saint-Emilion |  | Wine | France |
| Saint-Estèphe |  | Wine | France |
| Saint-Julien |  | Wine | France |
| Sancerre |  | Wine | France |
| Sauternes |  | Wine | France |
| Touraine |  | Wine | France |
| Val de Loire |  | Wine | France |
| Ventoux |  | Wine | France |
| Istarski pršut / Istrski pršut |  | Pork ham | Croatia  Slovenia |
| Baranjski kulen |  | Pork ham | Croatia |
| Dalmatinski pršut |  | Pork ham | Croatia |
| Drniški pršut |  | Pork ham | Croatia |
| Krčki pršut |  | Pork ham | Croatia |
| Dingač |  | Wine | Croatia |
| Szegedi szalámi; Szegedi téliszalámi |  | Other cured meats | Hungary |
| Tokaj / Tokaji |  | Wine | Hungary |
| Aceto Balsamico di Modena |  | Vinegar | Italy |
| Aceto balsamico tradizionale di Modena |  | Vinegar | Italy |
| Aprutino Pescarese |  | Olive oil | Italy |
| Asiago |  | Hard cow cheese | Italy |
| Bresaola della Valtellina |  | Other cured meats | Italy |
| Capocollo di Calabria |  | Cured meat | Italy |
| Coppa di Parma |  | Cured meat | Italy |
| Cotechino Modena |  | Preparations from pork (100 %) | Italy |
| Culatello di Zibello |  | Other cured meats | Italy |
| Fontina |  | Hard cow cheese | Italy |
| Gorgonzola |  | Blue cow cheese | Italy |
| Grana Padano [27](#footnote27) |  | Hard cow cheese | Italy |
| Mela Alto Adige; Südtiroler Apfel |  | Apples | Italy |
| Mortadella Bologna [28](#footnote28) |  | Preparations from pork (100 %) | Italy |
| Mozzarella di Bufala Campana |  | Soft bufflone cheese | Italy |
| Pancetta di Calabria |  | Cured meat | Italy |
| Parmigiano Reggiano [29](#footnote29) |  | Hard cow cheese | Italy |
| Pecorino Romano [30](#footnote30) |  | Hard sheep cheese | Italy |
| Piadina Romagnola / Piada Romagnola |  | Other bread | Italy |
| Pomodoro S. Marzano dell'Agro Sarnese-Nocerino |  | Tomatoes | Italy |
| Prosciutto di Parma |  | Pork ham | Italy |
| Prosciutto di San Daniele |  | Pork ham | Italy |
| Prosciutto Toscano |  | Pork ham | Italy |
| Provolone Valpadana |  | Soft cow cheese | Italy |
| Riso del Delta del Po |  | Rice | Italy |
| Salamini italiani alla cacciatora |  | Other cured meats | Italy |
| Salsiccia di Calabria |  | Cured meat | Italy |
| Soppressata di Calabria |  | Other cured meats | Italy |
| Speck Alto Adige / Südtiroler Markenspeck / Südtiroler Speck |  | Pork ham | Italy |
| Taleggio |  | Soft cow cheese | Italy |
| Toscano |  | Olive oil | Italy |
| Zampone Modena |  | Preparations from pork (100 %) | Italy |
| Alto Adige / Südtirol / Südtiroler / dell'Alto Adige |  | Wine | Italy |
| Asti |  | Wine | Italy |
| Barbaresco |  | Wine | Italy |
| Barbera d'Alba [31](#footnote31) |  | Wine | Italy |
| Barbera d'Asti [32](#footnote32) |  | Wine | Italy |
| Bardolino |  | Wine | Italy |
| Barolo |  | Wine | Italy |
| Brachetto d'Acqui / Acqui |  | Wine | Italy |
| Brunello di Montalcino |  | Wine | Italy |
| Chianti |  | Wine | Italy |
| Chianti Classico |  | Wine | Italy |
| Conegliano – Prosecco / Conegliano Valdobbiadene – Prosecco / Valdobbiadene – Prosecco |  | Wine | Italy |
| Dolcetto d'Alba [33](#footnote33) |  | Wine | Italy |
| Emilia / dell'Emilia [34](#footnote34) |  | Wine | Italy |
| Franciacorta |  | Wine | Italy |
| Lambrusco di Sorbara |  | Wine | Italy |
| Lambrusco Grasparossa di Castelvetro |  | Wine | Italy |
| Marca Trevigiana |  | Wine | Italy |
| Marsala |  | Wine | Italy |
| Montepulciano d'Abruzzo [35](#footnote35) |  | Wine | Italy |
| Oltrepò Pavese |  | Wine | Italy |
| Prosecco |  | Wine | Italy |
| Rubicone |  | Wine | Italy |
| Salento |  | Wine | Italy |
| Sicilia |  | Wine | Italy |
| Soave |  | Wine | Italy |
| Toscana / Toscano [36](#footnote36) |  | Wine | Italy |
| Trento |  | Wine | Italy |
| Valpolicella |  | Wine | Italy |
| Veneto |  | Wine | Italy |
| Vernaccia di San Gimignano |  | Wine | Italy |
| Vino Nobile di Montepulciano |  | Wine | Italy |
| Edam Holland |  | Hard cow cheese | The Netherlands |
| Gouda Holland |  | Hard cow cheese | The Netherlands |
| Hollandse Geitenkaas |  | Soft sheep cheese | The Netherlands |
| Azeite de Moura |  | Olive oil | Portugal |
| Azeite do Alentejo Interior |  | Olive oil | Portugal |
| Azeites da Beira Interior (Azeite da Beira Alta, Azeite da Beira Baixa) |  | Olive oil | Portugal |
| Azeite de Tras-os-Montes |  | Olive oil | Portugal |
| Azeites do Norte Alentejano |  | Olive oil | Portugal |
| Azeites do Ribatejo |  | Olive oil | Portugal |
| Chouriça de Carne de Vinhais; Linguiça de Vinhais |  | Other cured meats | Portugal |
| Chouriço de Portalegre |  | Other cured meats | Portugal |
| Maçã de Alcobaça |  | Apples | Portugal |
| Mel dos Açores |  | Honey | Portugal |
| Ovos Moles de Aveiro |  | Pastry | Portugal |
| Pêra Rocha do Oeste |  | Pears | Portugal |
| Presunto de Barrancos / Paleta de Barrancos |  | Pork ham | Portugal |
| Queijo S. Jorge |  | Hard cow cheese | Portugal |
| Queijo Serra da Estrela |  | Hard sheep cheese | Portugal |
| Queijos da Beira Baixa (Queijo de Castelo Branco, Queijo Amarelo da Beira Baixa, Queijo Picante da Beira Baixa) |  | Hard cow cheese | Portugal |
| Alentejano |  | Wine | Portugal |
| Alentejo |  | Wine | Portugal |
| Algarve |  | Wine | Portugal |
| Bairrada |  | Wine | Portugal |
| Dão |  | Wine | Portugal |
| Douro |  | Wine | Portugal |
| Duriense |  | Wine | Portugal |
| Lisboa |  | Wine | Portugal |
| Oporto / Port / Port Wine / Porto / Portvin / Portwein / Portwijn / vin du Porto / vinho do Porto |  | Wine | Portugal |
| Palmela |  | Wine | Portugal |
| Península de Setúbal |  | Wine | Portugal |
| Pico |  | Wine | Portugal |
| Tejo |  | Wine | Portugal |
| Trás-os-montes |  | Wine | Portugal |
| Vinho da Madeira / Madère / Vin de Madère / Madera / Madeira Wein / Madeira Wine / Vino di Madera / Madeira Wijn / Madeira |  | Wine | Portugal |
| Vinho Verde |  | Wine | Portugal |
| Magiun de prune Topoloveni |  | Plums (dried or candied) | Romania |
| Salam de Sibiu |  | Other cured meats | Romania |
| Telemea de Ibănești |  | Hard cow cheese | Romania |
| Cotești |  | Wine | Romania |
| Cotnari |  | Wine | Romania |
| Dealu Mare |  | Wine | Romania |
| Murfatlar |  | Wine | Romania |
| Odobești |  | Wine | Romania |
| Panciu |  | Wine | Romania |
| Recaș |  | Wine | Romania |
| Târnave |  | Wine | Romania |
| Kranjska klobasa |  | Meat products | Slovenia |
| Kraška panceta |  | Meat products | Slovenia |
| Kraški pršut |  | Pork ham | Slovenia |
| Kraški zašink |  | Meat products | Slovenia |
| Slovenski med |  | Honey | Slovenia |
| Štajersko prekmursko bučno olje |  | Pumpkin seed oil | Slovenia |
| Vinohradnícka oblasť Tokaj |  | Wine | Slovakia |

  

SECTION B

GEOGRAPHICAL INDICATIONS OF MEXICO 
  
AS REFERRED TO IN ARTICLE 25.32(b)

|  |  |  |
| --- | --- | --- |
| Designation name | Product type | Place of origin |
| Arroz del Estado de Morelos | Rice | Morelos, Mexico |
| Ate de Morelia, Región de Origen | Fresh cooked and gelled fruit | Michoacán de Ocampo, Mexico |
| Banamich | Bananas | Michoacán de Ocampo, Mexico |
| Berries de Mexico | Blueberries, strawberries, raspberries and blackberries | Mexico |
| Cacao Grijalva | Cocoa | Tabasco, Mexico |
| Café Chiapas | Coffee | Chiapas, Mexico |
| Café Veracruz | Coffee | Veracruz, Mexico |
| Cajeta de Celaya, Región de Origen | Goat milk caramel spread | Guanajuato, Mexico |
| Chile Habanero de la Península de Yucatán | Chilli | Campeche, Yucatán y Quintana Roo, Mexico |
| Chipotle Mexicano [37](#footnote37) | Chilli | Mexico |
| Fresana, Fresa Michoacán, Región de Origen | Strawberry | Michoacán de Ocampo, Mexico |
| Jalapeño Mexicano [38](#footnote38) | Chilli | Mexico |
| Limón Michoacano, Región de Origen | Lime | Michoacán de Ocampo, Mexico |
| Mango Ataúlfo del Soconusco Chiapas | Mango | Chiapas, Mexico |
| Michin | Trout | Estado de Mexico; Mexico  Michoacán, Mexico |
| Nopal Villa Valtierrilla, Región de Origen | Cactus | Guanajuato, Mexico |
| Pan de Tingüindín, Región de Origen | Bread | Michoacán de Ocampo, Mexico |
| Pan Grande de Acámbaro, Región de Origen | Bread | Guanajuato, Mexico |
| Queso Cotija, Región de Origen | Cheese | Jalisco, Mexico  Michoacán de Ocampo, Mexico |
| Vainilla de Papantla | Vanilla | Veracruz de la Llave, Mexico  Puebla de Zaragoza, Mexico |

  

Appendix 25-B-1

INDIVIDUAL TERMS 
  
AS PART OF A COMPOUND GEOGRAPHICAL INDICATION

1.
   As regards the list of geographical indications of the European Union set out in Section A of Annex 25-B (List of Geographical Indications), the protection provided in accordance with Article 25.34 is not sought in respect of the following individual terms which are part of a compound geographical indication name:

"aceite", "ail", "ail blanc", "ail rose", "Almkäse", "Alpkäse", "Apfel", "azafrán", "azeite", "azeites", "Bergkäse", "beurre", "Bier", "biperra", "bleu", "Bratwürste", "bresaola", "brie", "bučno olje", "camembert", "canard à foie gras", "capocollo", "cecina", "chmel", "chouriça", "chouriço", "cítricos", "cítrics", "coppa", "cotechino", "culatello", "dehesa", "edam", "emmental", "essence de lavande", "fromage", "geitenkaas", "gouda", "Graukäse", "Hopfen", "huile d'olive", "huile essentielle de lavande", "huîtres", "jambon", "jamón", "klobasa", "kren", "kulen", "Kürbiskernöl", "Lebkuchen", "lentille verte", "linguiça", "llonganissa", "maçã", "magiun de prune", "Markenspeck", "Marzipan", "med", "mel", "mela", "mozzarella", "noix", "oli", "ovos moles", "paleta", "pancetta", "pâté", "pêra", "piada", "piadina", "piment", "pimentón", "pivo", "plate", "polvorones", "pomme", "pomodoro", "presunto", "prosciutto", "provolone", "pršut", "pruneaux", "queijo", "queijo amarelo", "queijo picante", "queijos", "queixo", "queso", "riso", "Rostbratwürste", "salam", "salamini", "salchichón", "salsiccia", "Schinken", "sierra", "sobrasada", "soppressata", "Speck", "szalámi", "telemea", "téliszalámi", "ternera", "tomme", "turrón", "volailles", "zampone", "zašink", "γλυκό τριαντάφυλλο (glyko triantafyllo)", "γραβιέρα (graviera)", "ελιά (elia)", "κορινθιακή σταφίδα (korinthiaki stafida)", "κρόκος (krokos)", "λουκούμι (loukoumi)", "πράσινες ελιές (prasines elies)" and "розово масло (rozovo maslo)".

  

2.
   As regards the list of geographical indications of Mexico set out in Section B of Annex 25‑B (List of Geographical Indications), the protection provided in accordance with Article 25.34 is not sought in respect of the following individual terms which are part of a compound geographical indication name:

"café", "mango", "vainilla", "chile", "habanero", "arroz", "cacao", "fresa", "limón", "queso", "pan", “grande", "ate", "cajeta", "nopal" and "berries".

3.
   As regards the list of geographical indications of Mexico set out in Section B of Annex 25‑B (List of Geographical Indications), the protection provided in accordance with Article 25.34 is not sought in respect of the following terms which are added to some geographical indication names:

"Región de Origen".

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 25-C

GEOGRAPHICAL INDICATIONS OF MEXICO 
  
AS REFERRED TO IN ARTICLE 25.31.2

|  |  |  |
| --- | --- | --- |
| Name | Product type | Place of Origin |
| Alfareria de Tzintzuntzan Uricha Región De Origen | Pottery (handicrafts) | Michoacán de Ocampo, Mexico |
| Alfarería Dolorense | Pottery | Guanajuato, Mexico |
| Alfarería Punteada de Capula Región De Origen | Pottery (handicrafts) | Michoacán de Ocampo, Mexico |
| Alfarería Tradicional de Capula Región De Origen | Pottery (handicrafts) | Michoacán de Ocampo, Mexico |
| Ámbar de Chiapas | Handicraft  Natural Resin | Chiapas, Mexico |
| Bordados de Santa Cruz Tzintzuntzan Región de Origen | Embroidery | Michoacán de Ocampo, Mexico |
| Cantera de Morelia Región De Origen | Quarry | Michoacán de Ocampo, Mexico |
| Catrinas de Barro De Capula Región de Origen | Pottery in clay (handicrafts) | Michoacán de Ocampo, Mexico |
| Cobre Martillado De Santa Clara Del Cobre Región De Origen | Cooper | Michoacán de Ocampo, Mexico |
| Esfera de Tlalpujahua Otjo Región De Origen | Spheres (Handicrafts) | Michoacán de Ocampo, Mexico |
| Guitarras de Paracho Región de Origen | Handicrafts (guitars) | Michoacán de Ocampo, Mexico |
| Juguete Artesanal de Michoacan Sapichu Región de Origen | Handicrafts (toys) | Michoacán de Ocampo, Mexico |
| Laca Perfilada de Patzcuaro En Oro 23 Qts. Región De Origen | Handicrafts | Michoacán de Ocampo, Mexico |
| Mayolica de Dolores Hidalgo y Guanajuato | Glazed Pottery | Guanajuato, Mexico |
| Olinalá | Handicraft | Guerrero, Mexico |
| Pasta de Caña de Maíz J'Atzingueni | Handicraft | Michoacán de Ocampo, Mexico |
| Piñas De Barro de San Jose De Gracia Región de Origen | Handicrafts (Clay) | Michoacán de Ocampo, Mexico |
| Sombreros San Pancho, pueblos del Rincón | Hats | Guanajuato, Mexico |
| Talavera | Handicraft | Puebla de Zaragoza, Mexico  Tlaxcala, Mexico |

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 31-A

RULES OF PROCEDURE

Definitions

1.
   For the purposes of Chapter 31 (Dispute Settlement) and these Rules of Procedure:

(a)
   "administrative staff" means, in respect of a panellist, individuals under the direction and control of a panellist, other than assistants;

(b)
   "adviser" means an individual retained by a Party to advise or assist that Party in connection with the panel proceeding;

(c)
   "assistant" means an individual who, under the terms of appointment and under the direction and control of a panellist, conducts research or provides assistance to that panellist;

(d)
   "Code of Conduct" means the Code of Conduct for Panellists and Mediators in Annex 31-B;

(e)
   "complaining Party" means any Party that requests the establishment of a panel under Article 31.6 (Establishment of a Panel);

(f)
   "date of delivery" means:

(i)
   for a document submitted by a Party, the date on which the other Party receives the document; and

(ii)
   for a document submitted by the panel, the date on which the panel transmits an electronic document to the Parties or to non-governmental entities;

(g)
   "day" means a calendar day;

(h)
   "expert" means a natural person or body providing information, an opinion or technical advice in accordance with Article 31.23 (Receipt of Information);

(i)
   "panel" means a panel established pursuant to Article 31.6 (Establishment of a Panel);

(j)
   "panellist" means an individual who is a member of a panel;

(k)
   "Party complained against" means the Party that is alleged to be in violation of the covered provisions;

(l)
   "public holiday" means, for any year, Saturday, Sunday and any other day officially designated by a Party as a public holiday;

  

(m)
   "representative of a Party" means an employee or any individual appointed by a government department, agency or any other public entity of a Party who represents the Party for the purposes of a dispute settlement procedure, including a legal counsel or other adviser or consultant of a Party whom the Party has authorised to act on its behalf in the course of the dispute
[39](#footnote39)
.

Notifications

2.
   Any request, notice, written submission or other document of:

(a)
   the panel shall be sent to both Parties at the same time;

(b)
   a Party which is addressed to the panel shall be copied to the other Party at the same time; and

(c)
   a Party which is addressed to the other Party shall be copied to the panel at the same time, as appropriate.

Any notification referred to in Rule 2 shall be made electronically or, where appropriate, by any other means of telecommunication that provides a record of its sending. Unless proven otherwise, that notification shall be deemed delivered on the date of its sending.

  

3.
   All notifications shall be addressed to the offices designated by the Parties pursuant to Article 31.36 (Administration of the Dispute Settlement Procedure).

4.
   Minor errors of a clerical nature in a request, notice, written submission or other document related to the panel proceedings may be corrected by delivery of a new document clearly indicating the changes. The correction of minor errors of a clerical nature shall not affect the timetable of the proceedings.

5.
   If the date of delivery of a document falls on a public holiday, or on any other day on which the offices designated by the Parties pursuant to Article 31.36 (Administration of the Dispute Settlement Procedure) are officially closed, the document shall be deemed delivered on the next working day. At the organisational meeting referred to in Rules 16 and 17, each Party shall submit a list of its public holidays, of any other days on which its office is officially closed and the normal business hours of such office. Each Party shall keep its list updated during the panel procedure.

Appointment of panellists

6.
   For the purposes of paragraphs 6 and 7 of Article 31.7 (Composition of a Panel), the following persons may serve as appointing authority for the composition of a panel:

(a)
   the President of the Appeal Tribunal of the Investment Court System referred to in paragraph 8 of Article 10.31 (Appeal Tribunal); or

(b)
   the Secretary-General of the Permanent Court of Arbitration.

  

7.
   In making the selection under paragraphs 6 and 7 of Article 31.7 (Composition of a Panel), the appointing authority shall select the panellist by lot from the sub-list of the Party complained against referred to in Article 31.8 (Lists of Panellists) or the chairperson of a panel from the sub-list of individuals who shall serve as chairpersons adopted pursuant to subparagraph 1(c) of Article 31.8 (Lists of Panellists). The appointing authority shall respect any terms and conditions that may be agreed by the Parties.

(a)
   The appointing authority shall promptly inform the Parties of the date, time and venue of the selection by lot. The Parties shall be present during the selection by lot.

(b)
   Without prejudice to Rule 7(a), the selection by lot shall be carried out within the time period set out in paragraph 6 of Article 31.7 (Composition of a Panel) with the Party or Parties that are present.

8.
   For the purposes of paragraphs 4, 6 and 7 of Article 31.7 (Composition of a Panel), if any of the sub-lists referred to in paragraph 1 of Article 31.8 (Lists of Panellists):

(a)
   have not been adopted by the Trade Committee, the panellist, panellists or chairperson shall be selected amongst those individuals who have been designated by one or both Parties for that particular sub-list and notified in writing to the other Party; or

(b)
   no longer include at least five individuals, the panellist, panellists or chairperson shall be selected amongst those individuals who remain on that particular sub-list.

  

9.
   Immediately upon selection, the office designated by the complaining Party or an office jointly designated by the Parties shall notify in writing each individual who has been selected to serve as a panellist or chairperson of his or her selection and provide them with a copy of the Code of Conduct for Panellists and Mediators in Annex 31-B. Each individual shall confirm his or her availability to serve as a panellist or chairperson to any offices designated by the Parties within five days after the date on which he or she was informed of his or her appointment and shall provide a disclosure statement in accordance with paragraphs 6 to 9 (Disclosure Obligations) of Annex 31‑B (Code of Conduct for Panellists and Mediators).

10.
   When the three selected panellists have confirmed their ability to serve on the panel, the relevant designated office shall promptly notify the Parties of the composition of the panel.

Lists of Panellists

11.
   Each Party shall, no later than two months after the entry into force of this Agreement, notify in writing the other Party of the individuals that it designates for the sub-lists referred to in paragraph 1 of Article 31.8 (Lists of Panellists).

12.
   Within 30 days after the notification made pursuant to Rule 11, a Party may object to an individual designated by the other Party for the sub-list referred to in subparagraphs 1(a) and 1(b) of Article 31.8 (Lists of Panellists) if it considers that such individual does not comply with the requirements in Article 31.9 (Requirements for Panellists). The Parties shall consult on whether the individual complies with those requirements within 15 days after the receipt of the notification of the objection. In case of disagreement, the Party shall remove the individual objected to by the other Party from the sub-list and designate a new individual.

  

13.
   Within 30 days after the notification made pursuant to Rule 11, the Parties shall agree on the sub-list of individuals who shall serve as chairperson of the panel referred to in subparagraph 1(c) of Article 31.8 (Lists of Panellists) on the basis of the individuals designated by each Party.

14.
   A Party may decide to modify its sub-list at any time and shall notify in writing to the other Party the individuals that it designates. In such case, the procedure set out in Rule 12 shall apply mutatis mutandis. The Parties may also modify by mutual agreement the sub-list of individuals who shall serve as chairperson.

15.
   The Trade Committee shall adopt any modifications to the sub-lists of the Parties no later than six months from the receipt of the notification referred to in Rule 14.

Organisational Meeting

16.
   Unless the Parties agree otherwise, they shall meet the panel within seven days of its composition in order to determine such matters that the Parties or the panel deem appropriate, including:

(a)
   the timetable of the proceedings, including the precise dates for the filing of submissions and the date for the oral hearing;

(b)
   the remuneration and expenses to be paid to the panellists, which shall be in accordance with WTO standards; and

  

(c)
   the remuneration to be paid to assistants. The total amount of the remuneration of each panellist's assistant or assistants shall not exceed 50 percent of the remuneration of that panellist.

17.
   Panellists and representatives of the Parties may take part in this meeting by any telecommunication means.

Written Submissions

18.
   The complaining Party shall deliver its initial written submission no later than 20 days after the date of composition of the panel. The Party complained against shall deliver its initial written submission no later than 20 days after the date of delivery of the written submission of the complaining Party. The complaining Party shall deliver its rebuttal written submission, if any, no later than 20 days after the date set for submission of the initial written submission of the Party complained against. The Party complained against shall deliver its rebuttal written submission, if any, no later than 20 days after the date set for submission of the written rebuttal submission of the complaining Party.

Operation of the Panel

19.
   The chairperson of the panel shall preside at all its meetings. The panel may delegate to the chairperson the authority to make administrative and procedural decisions.

  

20.
   Unless otherwise provided in Chapter 31 (Dispute Settlement) or in these Rules of Procedure, the panel may conduct its activities by any means.

21.
   Only panellists may take part in the deliberations of the panel, but panellists may permit their assistants to be present at its deliberations.

22.
   The drafting of any decision and report shall remain the exclusive responsibility of the panel and shall not be delegated.

23.
   If a procedural question arises that is not covered by Chapter 31 (Dispute Settlement) nor this Annex, the panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.

24.
   If the panel considers that there is a need to modify any of the time periods for the proceedings other than those set out in Chapter 31 (Dispute Settlement) or to make any other procedural or administrative adjustment, it shall, after consultation with the Parties, inform them in writing of the reasons for the change or adjustment and of the time period or adjustment needed.

Replacement

25.
   When a Party considers that a panellist does not comply with Annex 31-B (Code of Conduct for Panellists and Mediators) and for this reason should be replaced, that Party shall notify the other Party within 15 days after the time when it obtained sufficient evidence of the panellist's alleged failure to comply with Annex 31-B (Code of Conduct for Panellists and Mediators).

  

26.
   The Parties shall consult within 15 days after the notification referred to in Rule 25. They shall inform the panellist of its alleged failure and may request the panellist to take steps to remedy the failure. They may also, if they so agree, remove the panellist and select a new panellist in accordance with Article 31.7 (Composition of a Panel).

27.
   If the Parties fail to agree on the need to replace the panellist other than the chairperson of the panel, either Party may request that this matter be referred to the chairperson of the panel, whose decision shall be final.

28.
   If the chairperson of the panel finds that the panellist referred to in Rule 27 does not comply with Annex 31-B (Code of Conduct for Panellists and Mediators), such panellist shall be removed and a new panellist shall be selected in accordance with Article 31.7 (Composition of a Panel.

29.
   If the Parties fail to agree on the need to replace the chairperson of the panel, either Party may request that this matter be referred to one of the remaining individuals on the sub-list referred to in subparagraph 1(c) of Article 31.8 (Lists of Panellists). The appointing authority shall draw his or her name by lot. The decision by the selected person on the need to replace the chairperson shall be final.

30.
   If the individual selected by lot pursuant to Rule 29 finds that the chairperson does not comply with Annex 31-B (Code of Conduct for Panellists and Mediators), a new chairperson shall be selected in accordance with Article 31.7 (Composition of a Panel).

  

Hearings

31.
   After consulting the Parties and the other panellists, the chairperson of the panel shall notify the Parties of the date, time and venue of the hearing. The date of the hearing shall normally correspond to the date set out in the timetable determined pursuant to Rule 16. The date, time and venue of the hearing shall be made publicly available by the Party in which the hearing takes place, unless the hearing is closed to the public.

32.
   Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Mexico and in Mexico if the complaining Party is the European Union. The Party complained against shall bear the expenses derived from the logistical administration of the hearing.

33.
   The panel may convene additional hearings if the Parties so agree.

34.
   All panellists shall be present during the entirety of the hearings.

35.
   Unless the Parties agree otherwise, the following persons may attend the hearings, irrespective of whether the hearings are open to the public or not:

(a)
   representatives of a Party;

(b)
   advisers;

  

(c)
   assistants and administrative staff;

(d)
   interpreters, translators and court reporters of the panel; and

(e)
   experts, if any, pursuant to paragraph 2 of Article 31.23 (Receipt of Information).

36.
   The designated office shall, in consultation with the panel and the Parties, make appropriate logistical arrangements and establish appropriate procedures to ensure that hearings are not disrupted by the attendance of the public. Members of the public, including accredited journalists and non-governmental entities, wishing to attend hearings may be asked to register in advance of the hearing. If seats are limited, they shall be allocated on a first-come, first-served basis upon receipt of the completed registration form. No audio or visual recording of the hearing by members of the public shall be permitted.

37.
   A Party that wishes to submit or discuss confidential information during a hearing shall provide prior notice to the panel and to the designated office. To the extent possible, the Party shall provide the notice at least 10 days before the first day of the hearing.

38.
   During a closed portion of a hearing, only persons referred to under Rule 35 may be present. Persons who view or hear confidential information shall not disclose it, or allow it to be disclosed, and shall only use that information for the purposes of the panel proceeding.

  

39.
   No later than five days before the date of a hearing, each Party shall deliver to the panel and to the other Party a list of the names of the persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives and advisers who will be attending the hearing.

40.
   The panel shall conduct the hearing in the following order, ensuring that the complaining Party and the Party complained against are afforded equal time in both argument and rebuttal phases:

(a)
   Argument

(i)
   argument of the complaining Party; and

(ii)
   argument of the Party complained against.

(b)
   Rebuttal

(i)
   reply of the complaining Party; and

(ii)
   counter-reply of the Party complained against.

41.
   The panel may direct questions to either Party at any time during the hearing. The panel shall afford the possibility to the Parties to issue closing statements.

  

42.
   The panel shall arrange for a transcript of the hearing to be prepared and delivered to the Parties as soon as possible after the hearing. The Parties may comment on the transcript and the panel may consider those comments.

43.
   Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 days after the date of the hearing. The other Party may provide written comments on any supplementary written submission that a Party submits within five days after the delivery of such submission.

Questions in Writing

44.
   The panel may at any time during the panel proceedings address questions in writing to one or both Parties. Any questions addressed to one Party shall be copied to the other Party.

45.
   Each Party shall provide the other Party with a copy of its written responses to the questions of the panel. The other Party shall have an opportunity to provide comments in writing on the Party's responses within five days after the delivery of such copy.

Public Release of Documents

46.
   Subject to the protection of confidential information, in accordance with Rules 48 and 49:

(a)
   a Party making a request pursuant to Article 31.5 (Consultations) or Article 31.6 (Establishment of a Panel) shall release a copy of the request to the public no later than 15 days after date of delivery of that request; and

(b)
   each Party shall make available to the public its written submissions, written version of an oral statement and written response to a request or question from the panel, if any, as soon as possible after such documents are submitted and no later than the date of the delivery of the final report.

47.
   A Party may not publicly disclose the content of an interim report delivered to the Parties pursuant to Article 31.13 (Interim Report) or the content of any comments made on an interim report.

Confidentiality

48.
   Each Party and the panel shall treat as confidential any information submitted by the other Party to the panel that such Party has designated as confidential. When a Party submits to the panel a written submission, a written version of an oral statement or a written response to a request or question from the panel, which contains confidential information, it shall also provide, within 15 days after the date of such submission, a non-confidential version which can be disclosed to the public.

49.
   Nothing in these Rules of Procedure shall preclude a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.

50.
   After consulting the Parties, the panel may establish additional ad hoc procedures that it considers necessary to protect confidential information.

  

Ex parte contacts

51.
   The panel shall not meet or communicate with a Party in the absence of the other Party.

52
   A panellist shall not discuss any aspect of the subject matter of the proceedings with one Party or both Parties in the absence of the other panellists.

Amicus curiae submissions

53.
   Unless the Parties agree otherwise within five days after the date of the composition of the panel, the panel may receive unsolicited written submissions from natural persons of a Party or legal persons established in the territory of a Party who are independent from the governments of the Parties, provided that they:

(a)
   are received by the panel within 10 days of the date of the composition of the panel;

(b)
   are concise and in no case longer than 15 pages, including any annexes, typed at double space;

(c)
   are directly relevant to a factual or a legal issue under consideration by the panel;

(d)
   contain a description of the person making the submission, including for a natural person his or her nationality and for a legal person its place of establishment, the nature of its activities, its legal status, general objectives and source of financing;

  

(e)
   specify the nature of the interest that the person has in the panel proceedings; and

(f)
   are drafted in the languages chosen by the Parties in accordance with Rules 58 and 59.

54.
   The submissions shall be delivered to the Parties for their comments. The Parties may submit comments to the panel within 10 days after the delivery.

55.
   The panel shall list in its report all submissions received pursuant to Rule 53. The panel shall not be obliged to address in its report the arguments made in such submissions. If the panel addresses in its report the arguments made in such submissions, it shall also take into account any comments made by the Parties pursuant to Rule 54.

Receipt of Opinion or Technical Advice from Experts

56.
   If a Party requests the panel to seek the opinion or technical advice from experts pursuant to Article 31.23 (Receipt of Information), that Party shall notify the other Party of such request. If the panel seeks an opinion or technical advice from experts, it shall also notify the Parties. No later than 15 days after the date of delivery of any such notification, the panel shall consult with the Parties to determine whether seeking the opinion or technical advice from experts is warranted, and to agree on the terms and conditions of the request for opinion or technical advice, including, as appropriate, the expert from which theopinion or technical advice should be sought.

  

Urgent cases

57.
   In cases of urgency referred to in Article 31.12 (Decision of Urgency), the panel, after consulting the Parties, shall adjust the time periods referred to in these Rules of Procedure as appropriate. The panel shall notify the Parties of those adjustments.

Translation and interpretation

58.
   During the consultations referred to in Article 31.5 (Consultations), and no later than the date of the meeting referred to in Rule 16, the Parties shall endeavour to agree on a common working language for the proceedings before the panel.

59.
   If the Parties are unable to agree on a common working language, each Party shall provide its written submissions, written version of an oral statement, written response to a request or question from the panel and any other document related to the panel proceeding, in its chosen language. Each Party shall provide at the same time a translation in the language chosen by the other Party, unless its submissions are written in one of the working languages of the WTO. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties.

60.
   Panel decisions and reports shall be issued in the language or languages chosen by the Parties. If the Parties have not agreed on a common working language, the interim and final report of the panel shall be issued in one of the working languages of the WTO.

  

61.
   A Party may provide comments on the accuracy of the translation of any translated version of a document drawn up in accordance with these Rules of Procedure.

62.
   Each Party shall bear the costs of the translation of its written submissions, written version of an oral statement and written response to a request or question from the panel or any other document related to the panel proceedings. Any costs incurred for translation of a panel decision or report shall be borne equally by the Parties.

Time periods

63.
   Where Chapter 31 (Dispute Settlement), these Rules of Procedure or the panel require a notification to be made, or an action to be taken, before or after a date or event, the computation of such time period shall not include the day of that date or event.

64.
   If a time period is extended, including an extension necessary due to force majeure reasons affecting a Party, the relevant time periods shall be adjusted accordingly.

Other Procedures

65.
   The time periods set out in these Rules of Procedure shall be adjusted in line with the special time periods provided for the adoption of a decision or report by the panel in the proceedings under Article 31.16 (Reasonable Period of Time), Article 31.17 (Compliance Review), Article 31.18 (Temporary Remedies) and Article 31.19 (Review of any Measure taken to Comply after the Adoption of Temporary Remedies).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 31-B

CODE OF CONDUCT FOR PANELLISTS AND MEDIATORS

Definitions

1.
   For the purposes of Chapter 31 (Dispute Settlement) and this Code of Conduct:

(a)
   "administrative staff" means, in respect of a panellist, individuals under the direction and control of a panellist, other than assistants;

(b)
   "assistant" means an individual who, under the terms of appointment and under the direction and control of a panellist, conducts research or provides assistance to that panellist;

(c)
   "candidate" means an individual who is under consideration for selection as a panellist under Article 31.7 (Composition of a Panel);

(d)
   "mediator" means an individual who conducts a mediation procedure in accordance with Article 31.29 (Rules of the Mediation Procedure);

(e)
   "panellist" means an individual who is a member of a panel.

  

Governing Principles

2.
   In order to preserve the integrity and impartiality of the dispute settlement mechanism, every candidate and panellist shall:

(a)
   get acquainted with this Code of Conduct;

(b)
   be independent and impartial;

(c)
   avoid direct and indirect conflicts of interests;

(d)
   avoid impropriety and the appearance of impropriety or bias;

(e)
   respect the confidentiality of panel proceedings;

(f)
   observe high standards of conduct; and

(g)
   not be influenced by self-interest, outside pressure, political considerations, public clamour and loyalty to a Party or fear of criticism.

  

3.
   In order to preserve the integrity and impartiality of the dispute settlement mechanism, a panellist shall not:

(a)
   directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties;

(b)
   use his or her position on the panel to advance any personal or private interest and shall avoid actions that may create the impression that others are in a special position to influence him or her; and

(c)
   allow any past or existing financial, business, professional, family, personal or social relationship, interest or matter to influence his or her conduct or judgement.

4.
   A panellist shall avoid entering into any relationship or acquiring any financial interest that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias.

Disclosure Obligations

5.
   Prior to the acceptance of his or her appointment as a panellist pursuant to Article 31.7 (Composition of a Panel), a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the panel proceeding. To that end, a candidate shall make all reasonable efforts to become aware of any such interest, relationship and matter, including any financial, business, professional, or family, personal or social interest.

6.
   A candidate shall disclose, at a minimum, the following interests, relationships and matters:

(a)
   any financial or personal interest of the candidate in:

(i)
   the panel proceeding or its outcome; and

(ii)
   an administrative proceeding, a domestic judicial proceeding or another international dispute settlement proceeding that involves issues that may be decided in the panel proceeding for which the candidate is under consideration;

(b)
   any financial interest of the candidate's employer, business partner, business associate or family member in:

(i)
   the panel proceeding or its outcome; and

(ii)
   an administrative proceeding, a domestic judicial proceeding or another international dispute settlement proceeding that involves issues that may be decided in the panel proceeding for which the candidate is under consideration;

(c)
   any past or existing financial, business, professional, family, personal or social relationship, interest or matter with any interested parties in the panel proceeding, or their counsel, or any such relationship, interest or matter involving a candidate's employer, business partner, business associate or family member; and

  

(d)
   public advocacy or legal or other representation concerning an issue in dispute in the panel proceeding or involving the same goods, services or investments.

7.
   Once appointed, a panellist shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 5 and shall disclose them. The disclosure obligation under paragraph 5 is a continuing duty which requires a panellist to disclose any such interest, relationship or matter that may arise during any stage of the panel proceeding.

8.
   A candidate or panellist shall communicate to the Parties, for their consideration, any matter concerning actual or potential violations of this Code of Conduct at the earliest time he or she becomes aware of them.

9.
   All communications shall be addressed to the offices designated by the Parties pursuant to Article 31.36 (Administration of the Dispute Settlement Procedure).

Duties of Panellists

10.
   Upon acceptance of his or her appointment, a panellist shall be available to perform and shall perform his or her duties thoroughly and expeditiously throughout the course of the proceedings, and with fairness and diligence.

11.
   A panellist shall consider only those issues raised in the panel proceeding and necessary for a decision and shall not delegate this duty to any other person.

  

12.
   Experts, assistants and administrative staff shall comply with the obligations of panellists pursuant to paragraphs 2 to 13 and 16 to 18. In that regard, a panellist shall take all reasonable measures and necessary steps to ensure that he or she is aware of, and comply with, such obligations.

13.
   A panellist shall not engage in any ex parte contact concerning the panel proceeding.

Obligations of Former Panellists

14.
   A former panellist shall avoid actions that may create the appearance that he or she was biased in carrying out his or her duties or derived advantage from the decision of the panel.

15.
   A former panellist shall comply with the obligations in paragraphs 16 to 18.

Confidentiality

16.
   A panellist shall not, at any time, disclose any non-public information concerning the proceedings or acquired during the proceedings for which he or she has been appointed. A panellist shall not, in any case, disclose or use such information to gain personal advantage or advantage for others, or to adversely affect the interest of others.

17.
   A panellist shall not disclose a report or decision of the panel or parts thereof prior to its publication in accordance with Chapter 31 (Dispute Settlement).

  

18.
   A panellist shall not, at any time, disclose the deliberations of the panel, or any panellist's view, nor make any statements on the proceedings for which he or she has been appointed or on the issues in dispute in the proceedings. If the panel decides by majority vote, a panellist shall not disclose which panellist or panellists are associated with majority or minority opinions in a panel proceeding.

Expenses

19.
   Each panellist shall keep a record and render a final account of the time devoted to the proceedings and of his or her expenses, as well as the time and expenses of his or her assistants and administrative staff.

Mediators

20.
   This Code of Conduct applies to mediators, mutatis mutandis.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX 33

List of Decisions of the EU-MEXICO JOINT COUNCIL AND JOINT COMMITTEE established under the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part

I.
   Decisions of the EU-MEXICO JOINT COUNCIL established under the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part:

DECISION No 1/2000 OF THE EC-MEXICO JOINT COUNCIL of 23 March 2000 established by the Interim Agreement on Trade and Trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part, of 8 December 1997 adopting its rules of procedure

DECISION No 2/2000 OF THE EC-MEXICO JOINT COUNCIL of 23 March 2000 (2000/415/EC)

DECISION No 2/2001 OF THE EU-MEXICO JOINT COUNCIL of 27 February 2001 implementing Articles 6, 9, 12(2)(b) and 50 of the Economic Partnership, Political Coordination and Cooperation Agreement (2001/153/EC)

  

DECISION No 1/2001 OF THE EU-MEXICO JOINT COUNCIL of 27 February 2001 establishing the Rules of Procedure of the EU-Mexico Joint Council and the Rules of Procedure of the EU-Mexico Joint Committee (2001/152/EC)

DECISION No 2/2001 OF THE EU-MEXICO JOINT COUNCIL of 27 February 2001 implementing Articles 6, 9, 12(2)(b) and 50 of the Economic Partnership, Political Coordination and Cooperation Agreement (2001/153/EC)

DECISION No 3/2002 OF THE EU-MEXICO JOINT COUNCIL of 13 May 2002 relating to the tariff treatment of certain products listed in Annexes I and II to Decision No 2/2000 of the EU‑Mexico Joint Council (2002/370/EC)

DECISION No 4/2002 OF THE EC-MEXICO JOINT COUNCIL of 6 November 2003 adopting rules of procedure of the EC-Mexico special committees (2003/824/EC)

DECISION No 1/2004 OF THE EU-MEXICO JOINT COUNCIL of 29 March 2004 accelerating the elimination of customs duties of certain products listed in Annex II of Decision No 2/2000 of the EU-Mexico Joint Council (2004/369/EC)

Decision No 2/2004 of the EC-Mexico Joint Council of 28 April 2004 introducing a preferential tariff rate quota for certain products originating in Mexico and listed in Annex I to Decision No 2/2000 of the EC-Mexico Joint Council (2004/805/EC)

Decision No 3/2004 the EC-Mexico Joint Council of 29 July 2004 amending Joint Council Decision No 2/2000 of 23 March 2000 (2004/640/EC)

  

Decision No 4/2004 of the EU-Mexico Joint Council of 18 May 2005 amending Joint Council Decision No 2/2001

DECISION No 1/2005 OF THE EUROPEAN UNION-MEXICO JOINT COUNCIL of 21 February 2005 introducing a corrigendum in Decision No 3/2004 of the EU-Mexico Joint Council (2005/203/EC)

DECISION No 1/2008 OF THE EU-MEXICO JOINT COUNCIL of 15 January 2008 implementing Article 9 of Joint Council Decision No 2/2001 of 27 February 2001 on the establishment of a framework for the negotiation of mutual recognition agreements (2008/93/EC)

DECISION No 2/2008 OF THE EU-MEXICO JOINT COUNCIL of 25 July 2008 amending Joint Council Decision No 2/2000, as amended by Joint Council Decision No 3/2004 (2008/619/EC)

DECISION No 3/2008 OF THE EU-MEXICO JOINT COUNCIL of 15 December 2008 amending Joint Council Decision No 2/2001, as amended by Decision No 4/2004 (2009/421/EC)

DECISION No 1/2020 OF THE EU-MEXICO JOINT COUNCIL of 31 July 2020 amending Decision No 2/2000 [2020/1180]

DECISION No 2/2020 OF THE EU-MEXICO JOINT COUNCIL of 31 July 2020 amending Decision No 2/2001 [2020/1196]

II.
   List of Decisions of the EU-MEXICO JOINT COMMITTEE established under the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part:

DECISION No 1/2002 OF THE EUROPEAN UNION-MEXICO JOINT COMMITTEE of 20 December 2002 relating to Annex III to Decision No 2/2000 of the European Union‑Mexico Joint Council of 23 March 2000, concerning the definition of the concept of "originating products" and methods of administrative cooperation

DECISION No 1/2004 OF THE EUROPEAN UNION-MEXICO JOINT COMMITTEE of 22 March 2004 relating to Annex III to Decision No 2/2000 of the EU-Mexico Joint Council of 23 March 2000, concerning the definition of the concept of "originating products" and methods of administrative cooperation (2004/362/EC)

DECISION No 1/2007 OF THE EU-MEXICO JOINT COMMITTEE of 14 June 2007 relating to Annex III to Decision No 2/2000 of the EU-Mexico Joint Council of 23 March 2000, concerning the definition of the concept of "originating products" and methods of administrative cooperation (2007/676/EC)

  

Decision No 1/2010 of the EU-Mexico Joint Committee of 17 September 2010 relating to Annex III to Decision No 2/2000 of the EU-Mexico Joint Council concerning the definition of the concept of originating products and methods of administrative cooperation (2010/626/EU)

DECISION No 1/2019 OF THE EU-MEXICO JOINT COMMITTEE of 16 October 2019 relating to amendments to Annex III to Decision No 2/2000 of the EC-Mexico Joint Council concerning the definition of the concept of originating products and methods of administrative cooperation (Andorra and San Marino, and certain product-specific rules of origin for chemicals) [2021/10]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

:   [(1)](#footnoteref1)
       The Parties share the understanding that if the financial information or financial data processing referred to in subparagraph (a) involve personal data, the treatment of such personal data shall be in accordance with relevant Mexican law on the protection of such data.
:   [(2)](#footnoteref2)
       The Parties share the understanding that advisory and other auxiliary financial services do not include those services referred to in subparagraphs (e)(ii)(A) to (e)(ii)(K) of Article 18.1 (Definitions).
:   [(3)](#footnoteref3)
       Postal activities as per act of 24 December 1993.
:   [(4)](#footnoteref4)
       Acts as the central purchasing entity for all the Italian public administration.
:   [(5)](#footnoteref5)
       Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS).
:   [(6)](#footnoteref6)
       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).
:   [(7)](#footnoteref7)
       According to Directive 2014/25/EU, "public undertaking" means 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 those authorities, directly or indirectly, in relation to an undertaking:(a)
       hold the majority of the undertaking's subscribed capital, or(b)
       control the majority of the votes attaching to shares issued by the undertaking, or(c)
       can appoint more than half of the undertaking's administrative, management or supervisory body.
:   [(8)](#footnoteref8)
       As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State of the European Union, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.
:   [(9)](#footnoteref9)
       When, because of the date on which an affiliated enterprise was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that enterprise to show that the turnover referred to in this note is credible, in particular by means of business projections.
:   [(10)](#footnoteref10)
       The term "affiliated enterprise" means any enterprise the annual accounts of which are consolidated with those of the procuring entity in accordance with the requirements of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC, or in case of entities not subject to that Directive, any enterprise over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another enterprise by virtue of ownership, financial participation, or the rules which govern it.
:   [(11)](#footnoteref11)
       Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ EU L 94, 28.3.2014, p. 1).
:   [(12)](#footnoteref12)
       For greater certainty, all PPP Projects imply a risk allocation between the public and the private sector in the different stages of the projects.
:   [(13)](#footnoteref13)
       The term is protected only in the original language. The use of the term in Mexico shall be subject to the private arrangements between users of the geographical indication and the trademark holder.
:   [(14)](#footnoteref14)
       The protection of the geographical indication "Kölsch" shall not prevent prior users having used the term "tipo Kölsch" or "estilo Kölsch" in good faith and in a continuous manner before 21 April 20018, to continue using that term, provided it is displayed in a character font substantially smaller than the brand name, while readable, and in a non-ambiguous manner as regards the origin of the good. In the case of enforcement procedures as provided in Sub‑Section B.4, the prior users will have the burden to prove that they were users in the territory of Mexico in accordance with this footnote.
:   [(15)](#footnoteref15)
       The protection of the geographical indication "Münchener Bier" shall not prevent prior users having used the term "tipo Munich" or "estilo Munich" in good faith and in a continuous manner before 21 April 2018, to continue using that term, provided it is displayed in a character font substantially smaller than the brand name, while readable, and in a non‑ambiguous manner as regards the origin of the good. In the case of enforcement procedures as provided in Sub-Section B.4, the prior users will have the burden to prove that they were users in the territory of Mexico in accordance with this footnote.
:   [(16)](#footnoteref16)
       The protection of the geographical indication "Schwarzwälder Schinken" does not prevent the use in good faith of the term "selva negra", provided that is only used for cooked ham, and provided these goods are not commercialised using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication "Schwarzwälder Schinken", and provided the term is displayed in a character font substantially smaller than the brand name, while readable, and in a non-ambiguous manner as regards the origin of the good.
:   [(17)](#footnoteref17)
       The protection of the geographical indication "Φέτα (Feta)" shall not prevent the continued and similar use of the term "feta" by any persons, including their successors and assignees, for a maximum of eight years from the entry into force of this Agreement, provided that prior to the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Mexico. During those years, the use of the term "feta" must be accompanied by a legible and visible indication of the geographical origin of the good concerned.
:   [(18)](#footnoteref18)
       Varietal names containing or consisting of "Valencia" may continue to be used for similar goods, provided that the consumer is not misled about the nature of such term or the precise origin of the good.
:   [(19)](#footnoteref19)
       The protection of the geographical indication "Queso Manchego" for cheeses elaborated in Spain, in accordance with the European Union's technical specifications, using sheep's milk, shall not prevent the use of the terms "manchego" and "queso manchego", which are traditional names in Mexico when related to cheeses elaborated with cow's milk, provided these goods are not commercialised using references (graphics, names, pictures or flags) to the protected geographical indication in the European Union and are differentiated from it in a non-ambiguous manner as regards the origin and the composition of the good.
:   [(20)](#footnoteref20)
       The exception provided in Article 25.40.4 is applicable to the use of the term Alicante Bouschet.
:   [(21)](#footnoteref21)
       The protection of the geographical indication "Castilla" shall not prejudice the right of any person to use, or to register in Mexico a trademark containing this term, its translation or transliteration, provided that it does not mislead the public as to the geographical origin of the good or infringe the geographical indication as protected in other ways.
:   [(22)](#footnoteref22)
       The protection of the geographical indication "Cava" shall not prejudice the right of any person to use, or to register in Mexico a trademark containing this term, its translation or transliteration, provided that it does not mislead the public as to the geographical origin of the good or infringe the geographical indication as protected in other ways.
:   [(23)](#footnoteref23)
       The protection of the geographical indication "Rueda" shall not prejudice the right of any person to use, or to register in Mexico a trademark containing this term, its translation or transliteration, provided that it does not mislead the public as to the geographical origin of the good or infringe the geographical indication as protected in other ways.
:   [(24)](#footnoteref24)
       The protection of the geographical indication "Toro" shall not prejudice the right of any person to use, or to register in Mexico a trademark containing this term, its translation or transliteration, provided that it does not mislead the public as to the geographical origin of the good or infringe the geographical indication as protected in other ways.
:   [(25)](#footnoteref25)
       The protection of the geographical indication "Gruyère" shall not prevent prior users having used the term in good faith and in a continuous manner for five years before 21 April 2018, to continue using the term, provided these goods are not commercialised using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication "Gruyère", and the term is displayed in a character font substantially smaller than the brand name, while readable, and in a non-ambiguous manner as regards the origin of the good. In the case of enforcement procedures as provided in Sub-Section B.4, the prior users will have the burden to prove that they were users in the territory of Mexico in accordance with this footnote. The designation "Gruyère" refers, within the territory of the European Union, to two homonymous geographical indications, respectively in respect of a Swiss and a French cheese. The European Union will not oppose a possible application aiming at the protection of the said Swiss homonymous geographical indication in Mexico.
:   [(26)](#footnoteref26)
       The protection of the geographical indication "Morbier" shall not prevent prior users having used the term in good faith and in a continuous manner for five years before 21 April 2018, to continue using the term, provided these goods are not commercialised using references (graphics, names, pictures or flags) to the genuine origin of the geographical indication "Morbier", and the term is displayed in a character font substantially smaller than the brand name, while readable, and in a non-ambiguous manner as regards the origin of the good. In the case of enforcement procedures as provided in Sub-Section B.4, the prior users will have the burden to prove that they were users in Mexican territory in accordance with this footnote.
:   [(27)](#footnoteref27)
       The protection of the term "Grana" in the multicomponent geographical indication "Grana Padano" is not sought.
:   [(28)](#footnoteref28)
       The protection of the geographical indication "Mortadella Bologna" is sought in respect of the compound geographical indication and not in respect of individual terms.
:   [(29)](#footnoteref29)
       The protection of the geographical indication "Parmigiano Reggiano" shall not prevent users having used the term "parmesano" in good faith before 21 April 2018, to continue using that term, provided these goods are not commercialised using references (graphic, names, pictures or flags to the genuine origin of "Parmigiano Reggiano" and are differentiated from "Parmigiano Reggiano" in a non-ambiguous manner as regards the origin.
:   [(30)](#footnoteref30)
       The protection of the term "Pecorino" in the multicomponent geographical indication "Pecorino Romano" is not sought.
:   [(31)](#footnoteref31)
       The exception provided in Article 25.40.4 is applicable to the use of the term "Barbera".
:   [(32)](#footnoteref32)
       The exception provided in Article 25.40.4 is applicable to the use of the term "Barbera".
:   [(33)](#footnoteref33)
       The exception provided in Article 25.40.4 is applicable to the use of the term "Dolcetto".
:   [(34)](#footnoteref34)
       The protection of the geographical indication "Emilia" shall not prejudice the right of any person to use, or to register in Mexico a trademark containing this term, its translation or transliteration, provided that it does not mislead the public as to the geographical origin of the good or infringe the geographical indication as protected in other ways.
:   [(35)](#footnoteref35)
       The exception provided in Article 25.40.4 is applicable to the use of the term "Montepulciano".
:   [(36)](#footnoteref36)
       The protection of the geographical indication "Toscana/Toscano" shall not prejudice the right of any person to use, or to register in Mexico a trademark containing this term, its translation or transliteration, provided that it does not mislead the public as to the geographical origin of the good or infringe the geographical indication as protected in other ways.
:   [(37)](#footnoteref37)
       The protection of the term "Chipotle" in the multicomponent geographical indication "Chipotle Mexicano" is not sought.
:   [(38)](#footnoteref38)
       The protection of the term "Jalapeño" in the multicomponent geographical indication "Jalapeño Mexicano" is not sought.
:   [(39)](#footnoteref39)
       A Party shall not appoint as representative persons that could reasonably be expected to benefit outside of proceedings under Chapter 31 (Dispute Settlement) from the receipt of confidential information.

[Top](#document5)

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.9.2025

COM(2025) 812 final

ANNEX

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

&

MAIN TEXT.

ANNEX I

EXISTING MEASURES

EXPLANATORY NOTES

1.
   The List of a Party to this Annex sets out, pursuant to Articles 10.12 (Non-Conforming Measures and Exceptions) and 11.8 (Non-Conforming Measures and Exceptions), the existing measures of that Party that do not conform to the obligations set out in the following provisions:

(a)
   10.7 (National Treatment), 11.6 (National Treatment);

(b)
   10.8 (Most-Favoured-Nation Treatment), 11.7 (Most-Favoured-Nation Treatment);

(c)
   10.9 (Performance Requirements);

(d)
   10.10 (Senior Management and Board of Directors); or

(e)
   11.5 (Local Presence).

  

2.
   For the purposes of this Annex:

(a)
   "CMAP" means Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos) numbers as set out by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía), in the Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos), 1994;

(b)
   "CPC" means Central Product Classification numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and

(c)
   "ISIC" means the International Standard Industrial Classification of all Economic Activities numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC REV 3.1, 2002.

3.
   The List of a Party is without prejudice to the rights and obligations of the Parties under GATS.

4.
   Each entry in the List sets out the following elements:

(a)
   "sector" refers to the general sector in which the entry is made;

(b)
   "subsector" refers to the specific sector in which the entry is made;

(c)
   "industry classification" refers to, if applicable, the activity covered by the non-conforming measure according to CMAP, CPC or ISIC;

(d)
   "obligations concerned" specifies the obligations referred to in paragraph 1 that, pursuant to Articles 10.12 (Non-Conforming Measures and Exceptions) and 11.8 (Non-Conforming Measures and Exceptions), do not apply to the measures listed in the entry;

(e)
   "level of Government" indicates the level of government maintaining the specified measures;

(f)
   "measures" identifies the laws, regulations or other measures, as qualified, where indicated, by the "description" element, for which the entry is made; a measure cited in the "measures" element:

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

(ii)
   includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(iii)
   includes, for the European Union directives, any laws, regulations or other measures which implement the relevant directive at Member State level; and

  

(g)
   "description" either sets out the non-conforming aspects of the existing measure or provides a general non-binding description of the measure for which the entry is made.

5.
   In the interpretation of an entry, all elements of that entry shall be considered. An entry shall be interpreted in light of the Articles to which the "Obligations Concerned" in that entry refer.

6.
   The "measure" element prevails over other elements, unless a discrepancy between the "measure" element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the "measure" element prevails, in which case the other elements prevail to the extent of that discrepancy.

7.
   A reservation maintained at the level of the European Union applies to a measure of the European Union and of a Member State at the national level as well as to a measure of a government within a Member State, unless the reservation excludes a Member State.

8.
   A reservation maintained at the national level of Mexico or of a Member State applies to a measure of a government at the central, regional or local level within that country.

9.
   Articles 11.5 (Local Presence) and 11.6 (National Treatment) are separate disciplines and a measure that does not conform to Article 11.5 (Local Presence) exclusively, needs not be reserved against Article 11.6 (National Treatment).

  

10.
   If a Party maintains a measure that requires a service supplier to be a natural person, citizen, permanent resident, or resident of its territory or to be domiciled in it as a condition to the provision of a service in its territory, a reservation for that measure taken with respect to an obligation referred to in paragraph 1 in relation to Chapter 11 (Cross-Border Trade in Services) shall operate as a reservation with respect to an obligation referred to in paragraph 1 in relation to Chapter 10 (Investment Liberalisation), to the extent of that measure.

11.
   The List of a Party does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures that do not constitute a national treatment limitation within the meaning of Article 10.7 (National Treatment) or 11.6 (National Treatment), or a market access limitation within the meaning of Article 10.6 (Market Access) or 11.4 (Market Access). Those measures, such as the requirement to obtain a licence, universal service obligations, the requirement to have recognised qualifications in regulated sectors, the requirement to pass specific examinations which may include language examinations, and any non-discriminatory requirements that certain activities shall not be carried out in protected zones or areas, even if not listed, apply in any case.

12.
   The following abbreviations are used in the List of the European Union:

AT
   Austria

BE
   Belgium
[1](#footnote1)

  

BG
   Bulgaria

CY
   Cyprus

CZ
   Czechia

DE
   Germany

DK
   Denmark

EE
   Estonia

EEA
   European Economic Area

EL
   Greece

ES
   Spain

EU
   European Union, including all its Member States

FI
   Finland
[2](#footnote2)

FR
   France

HR
   Croatia

HU
   Hungary

IE
   Ireland

IT
   Italy

LT
   Lithuania

LU
   Luxembourg

LV
   Latvia

MT
   Malta

NL
   Netherlands

PL
   Poland

PT
   Portugal

RO
   Romania

SE
   Sweden

SI
   Slovenia

SK
   Slovakia

  

13.
   For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural persons or enterprises of Mexico the treatment granted in a Member State to natural persons or enterprises of another Member State pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"), or to any measure adopted pursuant to the TFEU, including their implementation in the Member States. Pursuant to the TFEU, that treatment is granted only to enterprises constituted or organised in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union, including those enterprises established within the European Union which are owned or controlled by natural persons or enterprises of Mexico.

14.
   For the purposes of the List of Mexico:

(a)
   "CFE" means the Federal Electricity Commission (Comisión Federal de Electricidad);

(b)
   "CNIE" means the National Commission on Foreign Investments (Comisión Nacional de Inversiones Extranjeras);

(c)
   "CNE" means the National Energy Commission (Comisión Nacional de Energía);

(d)
   "concession" means an authorisation granted by Mexico to a person to exploit a natural resource or provide a service, for which Mexican nationals and Mexican enterprises are granted priority over foreigners;

  

(e)
   "foreigners exclusion clause" means the express agreement or covenant forming an integral part of an enterprise's statutes, which sets forth that the enterprise shall not admit, directly or indirectly, foreign investors or enterprises with foreigners admission clause as partners or shareholders of the enterprise;

(f)
   "PEMEX" means Petróleos Mexicanos;

(g)
   "SAGARPA" means the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food (Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca, y Alimentación);

(h)
   "SCT" means the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes);

(i)
   "SE" means the Ministry of Economy (Secretaría de Economía); and

(j)
   "SENER" means the Ministry of Energy (Secretaría de Energía).

15.
   For greater certainty, for the purposes of the List of Mexico, the terms "Nation" and "State" mean Mexico.

Appendix I-A

RESERVATIONS FOR EXISTING MEASURES

LIST OF THE EU

List of reservations:

I-EU-1 – All sectors

I-EU-2 – Professional Services (all professions except health-related)

I-EU-3 – Professional Services (health-related professions and retail of pharmaceuticals)

I-EU-4 – Research and Development Services

I-EU-5 – Real Estate Services

I-EU-6 – Business Services

I-EU-7 – Construction Services

  

I-EU-8 – Distribution Services

I-EU-9 – Education Services

I-EU-10 – Environmental Services

I-EU-11 – Health Services and Social Services

I-EU-12 – Tourism and Travel related Services

I-EU-13 – Recreational, Cultural and Sporting Services

I-EU-14 – Transport Services and Services Auxiliary to Transport Services

I-EU-15 – Agriculture, fishing and manufacturing

I-EU-16 – Energy related activities

I-EU-1 – All sectors

Sector – Subsector:
   All sectors

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Local Presence

Performance Requirements

Senior Management and Board of Directors

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

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

  

Description:

(a)
   Type of establishment

With respect to Investment Liberalisation – National Treatment:

The EU: Treatment accorded pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU") to enterprises formed in accordance with the law of the EU or of a Member State and having their registered office, central administration or principal place of business within the EU, including those established in the Member States by investors of Mexico, is not accorded to branches or agencies of enterprises established outside the EU.

Treatment granted to enterprises formed by investors of Mexico in accordance with the law of the EU or of a Member State and having their registered office, central administration or principal place of business within the EU, is without prejudice to any condition or obligations, consistent with Chapter 10 (Investment Liberalisation), which may have been imposed on those enterprises when they were established in the EU and which shall continue to apply.

Measures: In the EU: TFEU.

  

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

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 those interests or assets, and on the ability of owners of those interests and assets to control any resulting enterprise, by investors of Mexico or their enterprises. With respect to that 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.

For the purposes of this reservation:

(a)
   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 as described in this reservation shall be deemed to be an existing measure; and

(b)
   "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:

As set out in the description element above.

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

In AT: For the operation of a branch, non-EEA corporations must appoint at least one person responsible for its representation who is resident in AT. Executives (managing directors) responsible for the observance of the Austrian Trade Act (Gewerbeordnung) must be domiciled in AT.

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).

In EE: A foreign company shall appoint a director or directors for a branch. A director of a branch shall be a natural person with active legal capacity. The residence of at least one director of a branch shall be in the EEA or in the Swiss Confederation.

  

Measures:

EE: Äriseadustik (Commercial Code) § 385.

In FI: At least one of the partners in a general partnership or of general partners in a limited partnership shall have residency in the EEA or, if the partner is a juridical 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 FI, 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.

Measures:

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).

In SE: A foreign company, which has not established a legal entity in SE or is conducting its business through a commercial agent, shall conduct its commercial operations through a branch, registered in SE, with independent management and separate accounts. The managing director and the vice-managing director of the branch, if appointed, shall reside in the EEA. A natural person not resident in the EEA who conducts commercial operations in SE, shall appoint and register a resident representative responsible for the operations in SE. Separate accounts shall be kept for the operations in SE. The competent authority may grant exemptions from the branch and residency requirements in individual cases. 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.

A Swedish limited liability company may be established by a natural person resident within the EEA, by a Swedish legal person or by a legal person that has been formed according to the legislation in a state within the EEA and that has its registered office, headquarters or principal place of business within the EEA. A partnership may be a founder, only if all owners with unlimited personal liability are resident within the EEA. Founders outside the EEA may apply for permission from the competent authority.

  

For limited liability companies and co-operative economic associations, at least 50 % of the members of the board of directors, at least 50 % 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, shall 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 SE, the board must appoint and register a person resident in SE, who has been authorised to receive servings on behalf of the company or society.

Corresponding conditions apply to the establishment of all other types of legal entities.

Measures:

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

Aktiebolagslagen (Companies Act) (2005:551);

The Co-operative Economic Associations Act (1987:667); and

Act on European Economic Interest Groupings (1994:1927).

In SK: A foreign natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of the entrepreneur is required to submit residence permit for Slovakia.

  

Measures:

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

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

With respect to Investment Liberalisation – National Treatment

In BG: Foreign legal persons, unless established under the legislation of a Member State of the European Union or of a Member State of the EEA, may conduct business and pursue activities if established in BG 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 shall not engage in economic activity but are only entitled to advertise their owner and act as representatives or agents.

Measures:

BG: Commercial Law, Article 17a; and

Law for Encouragement of Investments, Article 24.

  

In PL: The scope of operations of a representative office shall only encompass advertising and promotion of the foreign parent company represented by the office. For all sectors except legal services, non-EU investors may undertake and conduct economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company, while domestic companies 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 the economic activity of foreign entrepreneurs and other foreign persons in the territory of the Republic of Poland.

With respect to Investment Liberalisation – National Treatment, Performance Requirements:

In BG: Established companies 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 them over the last 12 months shall not exceed 20 % (35 % 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. The employer must also prove that there is no suitable Bulgarian, EU, EEA or Swiss worker for the respective position by conducting labour market test before employing third country nationals. Third country nationals may not be employed for positions which require Bulgarian nationality.

  

For highly qualified, seasonal and posted workers, as well as for intra-corporate transferees, researchers and students, there is no limitation to the number of third-country nationals working for one company. In these cases no labour market test is required.

Measures:

BG: Labour Migration and Labour Mobility Act.

(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-EU 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.

Measures:

AT: Burgenländisches Grundverkehrsgesetz, LGBL. No. 25/2007;

Kärntner Grundverkehrsgesetz, LGBL. No. 9/2004;

NÖ Grundverkehrsgesetz, LGBL. 6800;

  

OÖ Grundverkehrsgesetz, LGBL. No. 88/1994;

Salzburger Grundverkehrsgesetz, LGBL. No. 9/2002;

Steiermärkisches Grundverkehrsgesetz, LGBL. No. 134/1993;

Tiroler Grundverkehrsgesetz, LGBL. No. 61/1996;

Voralberger Grundverkehrsgesetz, LGBL. No. 42/2004; and

Wiener Ausländergrundverkehrsgesetz, LGBL. No. 11/1998.

In CY: Cypriots or persons of Cypriot origin, as well as nationals of a Member State, are allowed to acquire any property in CY 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 (2676 sq. meter), any permit granted by the Council of Ministers shall be subject to the terms, limitations, conditions and criteria 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 CY, including a foreign controlled company. The term does not include foreigners of Cypriot origin or non-Cypriot spouses of citizens of CY.

  

Measures:

CY: The Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended by laws number 52 of 1969, 55 of 1972, 50 of 1990, 54(I) of 2003 and 161(I)/2011.

In CZ: Agricultural and forest land can be acquired by foreign natural persons having permanent residency in CZ and enterprises established in CZ. Specific rules apply to agricultural and forest land under state ownership. State agricultural land can be acquired only by Czech nationals, by municipalities and by public universities (for training and research). Legal persons (regardless of the form or place of residence) may acquire state agriculture land from the state only if a building, which they already own, is built on it or if this land is indispensable for the use of that building. Only municipalities and public universities may acquire state forests.

Measures:

CZ: Act No. 95/1999 Coll (on Conditions relating to the transfer of agricultural land and forests from the state ownership to ownership of other entities); and

Act No. 503/2012, Coll. on State Land Office.

  

In DK: In accordance with the Danish Acquisition Act, a natural person who is not resident in DK, or who has not been resident in DK in the past for a total period of 5 years, shall obtain a permission from the Ministry of Justice in order to acquire real property. EU and EEA citizens who wish to take up residence in order to work, establish a business, or deliver services in DK need not obtain permission in order to buy real property for those purposes. The acquisition of real property for leisure purposes (second homes) requires permission unless the individual buyer meets the residence requirement laid down in the Acquisition of Real Property Act. Permission is required from the Ministry of Environment and Food for the acquisition of agricultural real estate for natural persons or legal persons based outside the EU (and EEA).

Measures:

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

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

  

In EL: For foreign natural or legal persons, discretionary permission from the Ministry of Defence is needed for the acquisition of real estate in the border regions either directly or through equity participation in a company which is not listed in the Greek Stock Exchange and which owns real estate in those regions, or any change in the persons of the stockholders of that company.

Measures:

EL: Law 1892/1990, as amended by Article 114 of Law 3978/2011, in combination – as far as the application is concerned – with the ministerial decision 110/3/330340/Σ.120/7-4-14 of the Ministry of Defence.

In HR: Foreign companies are only allowed to acquire real estate for the supply of services if they are established and incorporated in HR 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 shall not be acquired by foreigners.

Measures:

HR: Law on Possession and other Material Rights (OG 91/96, 68/98, 137/99, 22/00, 73/00, 114/01, 79/06, 141/06, 146/08, 38/09 i 153/09, 143/12, 152/14); Agricultural Land Act (OG 152/08, 25/09, 153/09, 21/10, 31/11 and 63/11), (OG 39/13, 48/15), Article 2;

Ownership and other Proprietary Rights Act, Articles 354 to 358.b; and

Agricultural Land Act and General Administrative Procedure Act. (OG 47/09).

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, Act LXXVIII of 1993 (Paragraph 1/A).

In MT: Non-nationals of a Member State shall not acquire immovable property for commercial purposes. Companies with 25 % (or more) of non-EU shareholding shall obtain an authorisation from the competent authority (Minister responsible for Finance) to buy immovable property for commercial or business purposes. The competent authority shall determine whether the proposed acquisition represents a net benefit to the Maltese economy.

Measures:

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.

  

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:

PL: Law of 24th March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws of 2016, item 1061 as amended).

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment:

In LV: Acquisition of urban land by nationals of Mexico is permitted through incorporated companies registered in LV or other Member States:

(a)
   if more than 50 % of their equity capital is owned by nationals of Member States, the Latvian Government or a municipality, separately or in total;

(b)
   if more than 50 % of their equity capital is owned by natural persons and companies of third countries with which LV has concluded bilateral agreements on the promotion and reciprocal protection of investments and which have been approved by the Latvian Parliament before 31 December 1996;

  

(c)
   if more than 50 % of their equity capital is possessed by natural persons and companies of third countries with which Latvia has concluded bilateral agreements on the promotion and reciprocal protection of investments after 31 December 1996, if in those agreements the rights of Latvian natural persons and companies on the acquisition of land in the respective third country have been determined;

(d)
   if more than 50 % of their equity capital is possessed by persons from (a) to (c) together; or

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

Where Mexico allows Latvian nationals and enterprises to purchase urban real estate in their territories, LV will allow nationals of Mexico and enterprises to purchase urban real estate in LV under the same conditions as Latvian nationals.

Measures:

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

In RO: Foreign nationals, stateless persons and legal persons (other than nationals of a Member State of the European Union and nationals 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 juridical persons may not acquire the property right over lands under more favourable conditions than those applicable to the national of a Member State and to juridical persons established according to the legislation of a Member State.

Measures:

RO: Law No. 17/2014 on some measures regulating the selling-buying agricultural land situated outside town amending Law No. 268/2001 on the privatisation 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.

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

Measures:

DE: The Introductory Law to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche, EGBGB).

  

In ES: Foreign investment in activities directly relating to real estate investments for diplomatic missions by states that are not Member States require an administrative authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.

Measures:

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

I-EU-2 – Professional Services (all professions except health-related)

Sector – Subsector:
   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

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Senior Management and Board of directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

Level of Government:
   EU / National (unless otherwise specified)

  

Description:

(a)
   Legal services (part of CPC 861)

For greater certainty, in accordance with the Explanatory Notes, in particular paragraph 10, requirements to register with a Bar may include a requirement to having obtained a law degree in the host country or equivalent, or having done some training under supervision of a licensed lawyer, or requiring upon membership an office or a post address within the Bar's jurisdiction. To the extent those requirements are non-discriminatory, they are not listed.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence:

In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. Only lawyers of EEA or Swiss nationality are allowed to provide legal services through commercial presence. Equity participation by foreign lawyers (who must be fully qualified in their home country) and shares of any law firm is allowed up to 25 %; the rest shall 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.

  

Measures:

AT: Rechtsanwaltsordnung (Lawyers Act) – RAO, RGBl. Nr. 96/1868, Articles 1 and 21c.

In BE (with respect also to Most-Favoured-Nation Treatment): Residency is required for full admission to the Bar, necessary for the practice of legal services in respect of Belgian domestic law, including 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. It is required to have a certificate issued by the Belgian Minister of Foreign Affairs under which the national law or international convention allows reciprocity (reciprocity condition).

Measures:

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

  

In BG (with respect also to Most-Favoured-Nation Treatment:): The practice of legal services in respect of EU and Member State law, including representation before courts, is reserved to nationals of a Member State or foreign nationals, who are qualified lawyers and have obtained their diploma providing the capacity to practice in a Member State. Foreign lawyers may be admitted to act as an attorney by a decision of the Supreme Bar Council and must be registered in the Unified register of foreign lawyers. Foreign lawyers shall be accompanied by a Bulgarian lawyer for representation before courts. Permanent residency is required for legal mediation services. 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, countries with which bilateral agreements on mutual legal assistance have been or will be concluded.

Measures:

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

In CY: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services, including representation before courts. Only advocates enrolled in the Bar may be partners or shareholders or members of the board of directors in a law firm in CY.

  

Measures:

CY: Advocates Law (Chapter 2), as amended by laws number 42 of 1961, 20 of 1963, 46 of 1970, 40 of 1975, 55 of 1978, 71 of 1981, 92 of 1983, 98 of 1984, 17 of 1985, 52 of 1985, 9 of 1989, 175 of 1991, 212 of 1991, 9(I) of 1993, 56(I) of 1993, 83(I) of 1994, 76(I) of 1995, 103(I) of 1996, 79(I) of 2000, 31(I) of 2001, 41(I) of 2002, 180(I) of 2002, 117(I) of 2003, 130(I) of 2003, 199(I) of 2004, 264(I) of 2004, 21(I) of 2005, 65(I) of 2005, 124(I) of 2005, 158(I) of 2005, 175(I) of 2006, 117(I) of 2007, 103(I) of 2008, 109(I) of 2008, 11(I) of 2009, 130(I) of 2009, 4(I) of 2010, 65(I) of 2010, 14(I) of 2011, 144(I) of 2011, 116(I) of 2012 and 18(Ι) of 2013.

In CZ: Full admission to the Bar is required for the practice of legal services, including representation before courts. For the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts, EEA or Swiss nationality and residency in CZ is required.

Measures:

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

  

In DE: Only lawyers with EEA and Swiss qualification may be admitted to the Bar and are thus entitled to provide legal service in respect of domestic law. Commercial presence is required in order to obtain full admission to the Bar. Exemptions may be granted by the competent bar association. For foreign lawyers (with other than EEA and Swiss qualification) there may be restrictions for holding shares of a law firm which provides legal services in domestic law. Foreign lawyers can offer legal services in foreign law when they prove expert knowledge, registration is required to provide legal services in DE.

Measures:

DE: § 59e, § 59f, § 206 Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Act), Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG); § 10 Rechtsdienstleistungsgesetz (RDG).

In DK: Requirements apply for the performing of legal services under the title "advokat" (lawyer). Representation before courts is mainly reserved for lawyers with a Danish license to practice. Shares of a law firm shall only be owned by lawyers with a Danish license who actively practice law in the firm, its parent company or its subsidiary company, employees in the firm, or another law firm registered in DK. Furthermore, 90 % of shares of a Danish law firm must be owned by lawyers with a Danish license, lawyers qualified in a Member State and registered in DK who actively practice law in the firm, its parent company or its subsidiary company, or law firms registered in DK.

  

Measures:

DK: Lovbekendtgørelse No. 1101 of 22 September 2017 (Consolidated Act No. 1101 of 22 September 2017 on the Administration of Justice).

In EE: Residency (commercial presence) is required for the practice of legal services in respect of EU and Member State law, participation in criminal proceedings and representation before the Supreme Court. Non-discriminatory legal form requirements apply.

Measures:

EE: Advokatuuriseadus (Bar Association Act);

Notariaadiseadus (Notaries Act);

Kohtutäituri seadus (Bailiffs Act), tsiviilkohtumenetluse seadustik (Code of Civil Procedure); Halduskohtumenetluse seadus (Code of Administrative Court Procedure);

Kriminaalmenetluse seadustik (Code of Criminal Procedure); and

Väiäirteomenetluse seadustik (Code of Misdemeanour Procedure).

In EL: EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts.

Measures:

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

In ES: EEA or Swiss nationality is required for the practice of legal services in respect of EU and Member State law, including representation before courts. The competent authorities may grant nationality waivers.

Measures:

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

In FR: Residency or establishment is required for full admission to the Bar, necessary for the practice of legal services in respect of French domestic law, including representation before courts.

  

Measures:

FR: Loi du 31 décembre 1971, article 56;

Loi 90-1258 relative à l'exercice sous forme de société des professions libérales; and

Loi 90-1259 du 31 décembre 1990, Article 7.

In FI: EEA or Swiss residency and Bar membership is required for the use of the professional title of "advocate" (in Finnish "asianajaja"). Legal services, including Finnish domestic law, may also be provided by non-Bar members.

Measures:

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

Oikeudenkäymiskaari (Code of Judicial Procedure) (4/1734).

In HR: EU nationality is required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. In proceedings involving international law, parties may be represented before arbitration courts and ad hoc courts by foreign lawyers who are members of their home country bar association.

  

Measures:

HR: Legal Profession Act (OG 9/94, 51/01, 117/08, 75/09, 18/11).

In HU: EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. Foreign lawyers may provide legal advice on home country and international law in partnership with a Hungarian attorney or a law firm.

Measures:

HU: Act XI of 1998 on Attorneys at Law.

In LT (with respect also to Most-Favoured-Nation Treatment): EEA or Swiss nationality and residency (commercial presence) and full admission to the Bar are required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. Attorneys from foreign countries may practice as advocates in court only in accordance with bilateral agreements.

Measures:

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.

  

In LU: EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of LU domestic law, including representation before courts. The Council of the Order may, on the basis of reciprocity, agree to waive the nationality requirement for a foreign national.

Measures:

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

In LV (with respect also to Most-Favoured-Nation Treatment): EEA or Swiss nationality is required for the practice of legal services in respect of Latvian domestic criminal law, including representation before courts. Attorneys from foreign countries shall practise as advocates in court only in accordance with bilateral agreements on mutual legal assistance. For EU 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.

Measures:

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

In MT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of Maltese domestic law, including representation before courts.

Measures:

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

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 country professional organisation for the purposes of their activities in NL.

Measures:

NL: Advocatenwet (Act on Advocates).

In PT (with respect also to Most-Favoured-Nation Treatment): Residency (commercial presence) is required in order to practice Portuguese domestic law. 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 PT may register as members of the Bar Association provided they undergo the required articling and pass the final assessment and admission exam. Only law firms where the shares belong exclusively to lawyers admitted to the Portuguese Bar can practice in PT.

Measures:

PT: Law 15/2005, Articles 203, 194;

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;

Public Professional Association Statute (Estatuto da Câmara dos Solicitadores), as amended by Law 49/2004, by Law 14/2006 and by Decree-Law No. 226/2008;

Law 78/2001, Articles 31, 4;

Regulation of family and labour mediation (Ordinance 282/2010);

Law 21/2007 on criminal mediation, Article 12;

  

Law 32/2004 (as modified by Decree-Law 282/2007 and Law 34/2009) on Insolvency administrator, Articles 3 and 5, among others; and

Decree-Law 54/2004, Article 1 (Regime jurídico das sociedades de administradores de insolvência).

In RO: A foreign lawyer shall not make oral or written conclusions before courts and other judicial bodies, except for international arbitration.

Measures:

RO: Attorney Law;

Law for Mediation; and

Law for the Notaries and the Notarial Activity.

In SI (with respect also to Most-Favoured-Nation Treatment): Representing clients before the court against payment is conditioned by commercial presence in SI. A foreign lawyer who has the right to practise law in a foreign country 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. Compliance with the condition of reciprocity is verified by the Ministry of Justice.

  

Measures:

SI: Zakon o odvetništvu (Neuradno prečiščeno besedilo-ZOdv-NPB2 Državnega Zbora RS z dne 21.5.2009 (Attorneys Act) unofficial consolidated text prepared by the Slovenian parliament from 21.5.2009).

In SE: 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 member of the Bar 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 EU, the EEA or Switzerland. 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-EU 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 Bar Association.

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 domestic law.

  

Measures:

SE: Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740), the Swedish Bar Association Code of Conduct adopted 29 August 2008.

In SK: EEA nationality as well as residency (commercial presence) in SK is required for the practice of legal services in respect of Slovak domestic law, including representation before courts. For non-EU lawyers actual reciprocity is required.

Measures:

SK: Act 586/2003 on Advocacy, Articles 5, 12.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence

With respect to Investment Liberalisation – National Treatment:

In PL: Foreign lawyers shall 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 – Local Presence:

In IE: Residency (commercial presence) is required for the practice of legal services in respect of Irish domestic law, including representation before courts.

Measures:

IE: Solicitors Acts 1954-2011.

In IT: Residency (commercial presence) is required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts.

Measures:

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 – National Treatment; and Cross-Border Trade in Services – National Treatment:

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

In DE: Only patent lawyers with German qualification may be admitted to the Bar and are thus entitled to provide patent agent services in DE in domestic law. Foreign patent lawyers can offer legal services in foreign law when they prove expert knowledge, registration is required to provide legal services in DE. Foreign (other than EEA and Swiss qualification) patent lawyers may not establish a firm together with national patent lawyers. Foreign (other than EEA and Swiss) patent lawyers may have their commercial presence only in the form of a Patentanwalts-GmbH or Patentanwalt-AG and may only acquire a minority share.

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

  

In IE: On an establishment basis, legal form requires that at least one of the directors, partners, managers or employees of a company to be registered as a patent or intellectual property attorney in IE. Cross-border basis requires EEA nationality and commercial presence, principal place of business in an EEA state, qualification under the law of an EEA state.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – 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 IE. Cross-border basis requires EEA nationality and commercial presence, principal place of business in an EEA state, qualification under the law of an EEA state.

With respect to Cross-Border Trade in Services – Local Presence:

In EE: permanent residency is required for the practice of patent agency services.

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

In SI: Residency in SI is required for a holder or applicant of registered rights (patents, trademarks, design protection). Alternatively a patent agent or a trademark and design agent registered in SI is required for the main purpose of services of process, notification, etc.

  

Measures:

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

CY: Advocates Law (Chapter 2), as amended by laws number 42 of 1961, 20 of 1963, 46 of 1970, 40 of 1975, 55 of 1978, 71 of 1981, 92 of 1983, 98 of 1984, 17 of 1985, 52 of 1985, 9 of 1989, 175 of 1991, 212 of 1991, 9(I) of 1993, 56(I) of 1993, 83(I) of 1994, 76(I) of 1995, 103(I) of 1996, 79(I) of 2000, 31(I) of 2001, 41(I) of 2002, 180(I) of 2002, 117(I) of 2003, 130(I) of 2003, 199(I) of 2004, 264(I) of 2004, 21(I) of 2005, 65(I) of 2005, 124(I) of 2005, 158(I) of 2005, 175(I) of 2006, 117(I) of 2007, 103(I) of 2008, 109(I) of 2008, 11(I) of 2009, 130(I) of 2009, 4(I) of 2010, 65(I) of 2010, 14(I) of 2011, 144(I) of 2011, 116(I) of 2012 and 18(Ι) of 2013.

DE: § 52e, § 52 f, § 154a und § 154 b 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.

HU: Act XXXII of 1995 on Patent Attorneys.

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

Rule 51 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.

LT: Law on Trade Marks of 10 October 2000 No. VIII-1981;

Law on Designs of 7 November 2002 No. IX-1181;

Patent Law of 18 January 1994 No. I-372, Law on the Legal Protection of Topographies of Semiconductor Products of 16 June 1998; and

Patent Attorneys Regulation, approved by the Order of Government of the Republic of Lithuania on 20 May 1992 No. 362 (as last amended on 8 November 2004 No. 1410).

  

PT: Decree-Law 15/95, as modified by Law 17/2010, by Portaria 1200/2010, Article 5, and by Portaria 239/2013; and

Law 9/2009.

SI: Zakon o industrijski lastnini (Industrial Property Act), Uradni list RS, št. 51/06 – uradno prečiščeno besedilo in 100/13 (Official Gazette of the Republic of Slovenia, No. 51/06 – official consolidated text and 100/13).

(c)
   Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213, 86219, 86220)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In FR: The provision of accounting and bookkeeping services by a foreign service supplier is conditional on a decision of the Minister of Economics, Finance and Industry, in agreement with the Minister of Foreign Affairs. (CPC 86213, 86219, 86220).

Measures:

FR: Ordonnance 45-2138 du 19 septembre 1945, Articles 3, 7, 7 ter, 7 quinquies, 27 and 42 bis.

  

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment, 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 %. The service supplier must have an office or professional seat in the EEA (CPC 862).

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.

With respect to Cross-Border Trade in Services – Local Presence:

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

Measures:

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

  

In SI: Establishment in the EU is required in order to provide accounting and bookkeeping services (CPC 86213, 86219, 86220).

Measures:

SI: Auditing Act (ZRev-2), Official Gazette RS No. 65/2008 (as last amended No 63/13);

Companies Act (ZGD-1), Official Gazette RS No 42/2006 (as last amended No 15/17); and

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

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

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

In the EU: The competent authorities of a Member State may recognise the equivalence of the qualifications of an auditor who is a national of Mexico or of any third country in order to approve them to act as a statutory auditor in the European Union, subject to reciprocity (CPC 8621).

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In ES: Statutory auditors shall be nationals of a Member State. This reservation does not apply to the auditing of non-EU companies listed in a Spanish regulated market.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment, 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 %. The service supplier shall have an office or professional seat in the EEA.

In SI: 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). A permanent residency in SI is required for at least one member of the management board of an audit company establishment in SI.

In SK: Only an enterprise in which at least 60 % of capital interests or voting rights are reserved to Slovak nationals or nationals of a Member State shall be authorised to carry out audits in SK.

  

With respect only to Cross-Border Trade in Services – Senior Management and Board of Directors:

In BE: An establishment in BE 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 established approved as auditor.

With respect to 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 European Union or a Member State of the EEA.

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.

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

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

  

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

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

In SE: Auditors of co-operative economic associations and certain other enterprises which are not certified or approved accountants shall be resident within the EEA, unless the Government, or a Government authority appointed by the Government, in a particular case allows otherwise. Only auditors approved in SE and auditing firms registered in SE may perform statutory auditing services. EEA residency is required. The titles of "approved auditor" and "authorised auditor" shall only be used by auditors approved or authorised in SE.

In SI: Commercial presence is required.

Measures:

The EU: Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; and Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts.

AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act), BGBl. I No. 58/1999, § 12, § 65, § 67, § 68 (1) 4.

BE: Law of July 22nd, 1953 creating an Institute of the Auditors of Firms and organising the public supervision of the occupation of auditor of firms, coordinated on April 30th, 2007.

DK: Revisorloven (Danish Act on Approved Auditors and Audit Firms), Act No. 1167 of 9 September 2016.

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

FI: Tilintarkastuslaki (Auditing Act) (459/2007); and

Sectoral laws requiring the use of locally-licensed auditors.

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

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

Decree of the President of the Republic 99/1998; and

Legislative Decree 39/2010, Article 2.

LT: Law on Audit of 15 June 1999 No. VIII -1227 (a new version of 3 July 2008 No. X‑1676).

PL: Act of 11 May 2017 on statutory auditors, audit firms and public oversight – Journal of Laws of 2017, item 1089.

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) (1987:667); and

Others, regulating the requirements to make use of approved auditors.

SI: Auditing Act (ZRev-2), Official Gazette RS No. 65/2008 (as last amended No 63/13); and

Companies Act (ZGD-1), Official Gazette RS No. 42/2006 (as last amended No 15/17).

SK: Act 423/2015 on Statutory audit.

(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 – National Treatment; and Cross-Border Trade in Services – National Treatment, 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 %. The service supplier shall have an office or professional seat in the EEA.

  

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.

With respect to Cross-Border Trade in Services – Local Presence:

In HU: EEA residency is required for the supply of taxation advisory services, insofar as they are being supplied by a natural person present in the territory of HU.

In IT: Residency is required.

Measures:

AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.

BG: Accountancy Act, Independent Financial Audit Act, Income Taxes on Natural Persons Act, Corporate Income Tax Act.

  

HU: Act XCII of 2003 on the Rules of Taxation; and

Decree of the Ministry of Finance No. 26/2008 on the licensing and registration of taxation advisory activities.

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

(f)
   Architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674)

With respect only to Investment Liberalisation –National Treatment; and Cross-Border Trade in Services –National Treatment:

In BG: Foreign specialists shall have experience of at least two years in the field of construction. EEA nationality is required for urban planning and landscape architectural services (CPC 8674).

In HR: a design or project created by a foreign architect, engineer or urban planner shall be validated by an authorised natural or legal person in HR with regard to its compliance with Croatian Law (CPC 8671, 8672, 8673, 8674).

  

With respect to Cross-Border Trade in Services – 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 willing to practice their profession on an occasional basis in BE are required to obtain prior authorisation from the Council of Order in the geographical area where they intend to practice their activity.

With respect to Investment Liberalisation – 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).

With respect to Cross-Border Trade in Services – Local Presence:

In CZ: Residency in the EEA is required (CPC 8671, 8672, 8673, 8674).

In IT: Residency or professional domicile or business address in IT 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 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 HU: architectural services, engineering services (only applicable to graduate trainees), integrated engineering services and landscape architectural 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:

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 art. 1st of A.R. of April 18th, 1985, M.B., May 8th, 1985).

BG: Spatial Development Act;

Chamber of Builders Act; and

Chambers of Architects and Engineers in Project Development Design Act.

  

CY: Law 41/1962;

Law 224/1990; and

Law 29(i) 2001.

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.

HR: Act on Architectural and Engineering Activities in Physical Planning and Building (OG 152/08, 49/11, 25/13); and

Physical Planning Act of 12 December 2013 (011-01/13-01/291).

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.

  

I-EU-3 – Professional Services (health-related professions and retail of pharmaceuticals)

Sector – Subsector:
   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

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

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

  

Description:

(a)
   Medical, dental, midwives, nurses, physiotherapists and para-medical services (CPC 852, 9312, 93191)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – 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);

Registration of Dentists Law (Chapter 249);

Law 75(I)/2013 – Podologists;

Law 33(I)/2008 – Medical Physics;

Law 34(I)/2006 – Occupational Therapists;

  

Law 9(I)/1996 – Dental Technicians;

Law 68(I)/1995 – Psychologists;

Law 16(I)/1992;

Law 23(I)/2011 – Radiologists/Radiotherapists;

Law 31(I)/1996 – Dieticians/Nutritionists;

Law 140/1989 – Physiotherapists; and Law 214/1988 – Nurses.

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. Establishment requirements may apply for medical, dental and midwives services.

Doctors (including psychologists, psychotherapists and dentists) shall 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.

  

Establishment requirements may apply.

Telemedicine may only be provided in the context of a primary treatment involving the prior physical presence of a doctor. The number of information and communications technology (ICT) 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:

DE: Bundesärzteordnung (Federal Medical Regulation);

Gesetz über die Ausübung der Zahnheilkunde;

Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und Jugendlichenpsychotherapeuten (Act on the Provision of Psychotherapy Services of 16.07.1998);

Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung;

Gesetz über den Beruf der Hebamme und des Entbindungspflegers;

Gesetz über die Berufe in der Krankenpflege;

  

§ 7 Absatz 3 Musterberufsordnung fuer Aerzte (German Model professional Code for doctors);

§95,§ 99 and seq. SGB V (Book on Social Security No. V), Statutory Health Insurance;

§ 1 Absatz 2 and Absatz 5 Hebammengesetz (Midwife Code), § 291b SGB V (Book on Social Security No. V) on E-health providers;

Heilberufekammergesetz des Landes Baden-Württemberg in der Fassung of 16. 03. 1995 (GBl. BW of 17.05.1995 S. 314);

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 of 06.02.2002 (BAY GVBl 2002, page 42);

Gesetz über die Kammern und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und Jugendpsychotherapeuten (Berliner Kammergesetz) of 04.09.1978 (Berliner GVBl. page 1937, rev. page 1980);

§ 31 Heilberufsgesetz Brandenburg (HeilBerG) of 28.04.2003;

  

Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker (Heilberufsgesetz - HeilBerG) of 12.05.2005;

§ 29 Heilberufsgesetz (HeilBG NRW) of 09.05.2000;

§ 20 Heilberufsgesetz (HeilBG Rheinland-Pfalz) of 07.02.2003;

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) of 24.05.1994 (SächsGVBl. page 935);

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) of 19.11.2007; and

Thüringer Heilberufegesetz of 29. Januar 2002 (GVBl 2002, 125).

  

With respect to Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

In IT: EU nationality is required for the services provided by psychologists, foreign professionals may be allowed to practise based on reciprocity (part of CPC 9312).

Measures:

IT: Law 56/1989 on the psychologist profession.

(b)
   Veterinary services (CPC 932)

With respect to Investment Liberalisation– National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

In AT: Only nationals of a Member State of the EEA may provide veterinary services. The nationality requirement is waived for nationals of a non-Member State of the EEA where there is an EU agreement with that non-Member State of the EEA providing for national treatment with respect to investment liberalisation and cross-border trade of veterinary services.

In ES: Membership in the professional association is required for the practice of the profession and requires EU nationality, which may be waived through a bilateral professional agreement.

  

In FR: EEA nationality is required for the supply of veterinary services, but the nationality condition may be waived subject to reciprocity.

With respect to Investment Liberalisation – 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.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In EL: EEA or Swiss nationality is required for the supply of veterinary services.

In HU: EEA nationality is required for membership of the Hungarian Veterinary Chamber, necessary for supplying veterinary services.

With respect to Investment Liberalisation – National Treatment:

In HR: Only EU nationals can establish a veterinary practice in the HR.

In PL: For the provision of veterinary services by a natural person present in the territory of PL, only EU nationals may provide veterinary services. Foreign persons may apply for permission to practise.

  

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 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 HR.

In IT and PT: Residency is required for the supply of veterinary services.

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 SI.

In SK: Residency in the EEA is required for registration in the professional chamber, which is necessary for the exercise of the profession.

Measures:

AT: Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/1975, §3 (2) (3).

CY: Law 169/1990.

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.

  

EL: Presidential Degree 38/2010; and

Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B).

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, 64.

FR: Code rural et de la pêche maritime Articles L241-1; L241-2; L241-2-1.

HR: Veterinary Act (OG 41/07, 55/11), Articles 89, 106.

HU: Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how to supply Veterinary services.

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 Profession of Veterinary Surgeon and Chambers of Veterinary Surgeons.

PT: Decree-Law 368/91 (Statute of the Veterinary Professional Association).

  

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, Article 2.

(c)
   Retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided by pharmacists (CPC 63211)

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

In AT: 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.

With respect to Investment Liberalisation – National Treatment:

In CY: Nationality condition applies for the provision of retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided by pharmacists (CPC 63211).

  

In DE: 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.

In FR: EEA or Swiss Confederation nationality is required in order to operate a pharmacy. Foreign pharmacists may be permitted to establish within annually established quotas.

In EL: EU nationality is required to operate a pharmacy.

In HU: EEA nationality is required to operate a pharmacy.

In LV: In order to commence independent practice in a pharmacy, a foreign pharmacist or pharmacist's assistant, educated in a state which is not a Member State of the EU or a Member State of the EEA, shall work for at least one year in a pharmacy under the supervision of a pharmacist.

With respect to Cross-Border Trade in Services – Local Presence:

In BG: A permanent residence permit is required for foreign nationals (physical presence is required).

In DE: Residency is required 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:

AT: Apothekengesetz (Pharmacy Law), RGBl. No. 5/1907 as amended, §§ 3, 4, 12;

Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a;

Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.

BG: Law on Medicinal Products in Human Medicine, Articles 146, 161, 195, 222 and 228.

CY: Pharmaceutical and Poisons Law (Chapter 254).

DE: § 2 paragraph 2, § 11a Apothekengesetz (German Pharmacy Act);

§§ 43 paragraph 1, 73 paragraph 1 No. 1a, Arzneimittelgesetz (German Drugs Act); and

§ 11 Abs. 2 and 3 Medizinproduktegesetz, Verordnung zur Regelung der Abgabe von Medizinprodukten.

EE: Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; § 29 (2); 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), Aarticles 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).

FR: Code de la santé publique, Articles L4221-1, L4221-13, L5125-10;

Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, modifiée par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008 (Law 90-1258 on the exercise of liberal professions in the form of a company), lois 2011-331 du 28 mars 2011 et 2015-990 du 6 août 2015.

HR: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12).

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.

IT: Law 362/1991, Articles 1, 4, 7 and 9;

  

Legislative Decree CPS 233/1946, Articles 7 to 9; and

Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7).

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).

LV: Pharmaceutical Law, s. 38.

MT: Pharmacy Licence Regulations (LN279/07) issued under the Medicines Act (Cap. 458).

PT: Decree-Law 307/2007, articles 9, 14 and 15; and

Ordinance 1430/2007.

SI: Pharmacy Services Act (Official Gazette of the RS No. 85/2016); and

Medicinal Products Act (Official Gazette of the RS, No. 17/2014).

SK: Act 362/2011 on pharmaceuticals and medical devices, article 6; and

Act 578/2004 on healthcare providers, healthcare professionals, professional organisations in healthcare.

I-EU-4 – Research and Development Services

Sector – Subsector:
   Research and development services

Industry Classification:
   CPC 851, 853

Obligations Concerned:
   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 (hereinafter referred to as "R&D") services benefitting from funding provided by the EU at the EU level, exclusive rights or authorisations may only be granted to nationals of the Member States and to enterprises of the EU having their registered office, central administration or principal place of business in the EU (CPC 851, 853).

For publicly funded R&D services benefitting from funding provided by a Member State exclusive rights or authorisations may only be granted to nationals of the Member State concerned and to enterprises of the Member State concerned having their headquarters in that Member State (CPC 851, 853).

This reservation is without prejudice to the exclusion of procurement by a Party or subsidies for trade in services in paragraph 2 of Article 11.2 (Scope), and paragraph 2 of Article 10.5 (Scope).

Measures:

EU: All currently existing and all future EU 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.

  

I-EU-5 – Real Estate Services

Sector – Subsector:
   Real estate services

Industry Classification:
   CPC 821, 822

Obligations Concerned:
   National 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 – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence:

In CY: For the provision of real estate services, a nationality and residency condition applies.

  

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 DK: For the provision of real estate services by a natural person present in the territory of DK, only authorised real estate agents 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 EU, EEA or Switzerland.

The Act on sale of real estate is only applicable when providing real estate services to consumers. Furthermore, the Act on sale of real estate does not apply on leasing of real estate (CPC 822).

In HR: Commercial presence in EEA is required to provide real estate services

In PT: EEA residency is required for natural persons. EEA incorporation is required for legal persons.

  

With respect to Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

In SI: In so far as Mexico allows Slovenian nationals and enterprises to supply real estate agent services, SI shall allow nationals and enterprises of Mexico 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:

CY: The Real Estate Agents Law 71(1)/2010.

CZ: Trade Licensing Act.

DK: Lov om formidling af fast ejendom m.v. lov. nr. 526 af 28.05.2014.

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.

SI: Real Estate Agencies Act.

  

I-EU-6 – Business Services

Sector – Subsector:
   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; 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

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

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

  

Description:

(a)
   Rental or leasing services without operators (CPC 83103, CPC 831)

With respect to Investment Liberalisation – National Treatment:

In SE: To fly the Swedish flag, proof of dominating Swedish operating influence shall be shown in case of foreign ownership interests in ships. Dominating Swedish influence means that the operation of the ship is located in SE. Foreign ships may be granted an exemption from this rule if they are rented or leased by Swedish legal persons through bareboat charter contracts. To be granted an exemption, the bareboat charter contract shall be provided to the Swedish Maritime Administration and demonstrate that the charterer takes full responsibility for operation and crew of the leased or rented ship. The duration of the contract must be at least one to two years (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 SE (CPC 831).

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 – National Treatment, Most-Favoured-Nation Treatment, and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

The EU: For rental or leasing of aircraft without crew (dry lease), aircrafts used by an air carrier of the EU are subject to applicable aircraft registration requirements. A dry lease agreement to which a EU carrier is a party shall be subject to requirements in EU or national law on aviation safety, such as prior approval and other conditions applicable to the use of third countries' registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control (CPC 83104).

  

With respect to computer reservation system (hereinafter referred to as "CRS") services, where EU air carriers are not accorded, by CRS services suppliers operating outside the EU, equivalent (non-discriminatory) treatment to that provided in the EU, or where EU CRS services suppliers are not accorded, by non- EU air carriers, equivalent treatment to that provided in the EU, measures may be taken to accord equivalent treatment, respectively, to the non-EU air carriers by the CRS services suppliers operating in the EU, or to the non-EU CRS services suppliers by EU air carriers.

Measures:

The EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast); 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.

(c)
   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 FR: EEA nationality required for biologists.

  

In CY: The provision of services by chemists and biologists requires nationality of a Member State.

With respect to Investment Liberalisation – 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 is required. Third country nationals may enrol under condition of reciprocity.

With respect to Cross-Border Trade in Services – Local Presence:

In BG: Establishment in BG according to the Bulgarian Commercial Act and registration in the Commercial register is required for cross-border provision of technical testing and analysis services.

For the periodical inspection for proof of technical condition of road transport vehicles, the person must 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 EU or country from the EEA.

Measures:

BG: Technical Requirements towards Products Act;

  

Measurement Act;

National Accreditation of Compliance Conformity Authorities Act;

Clean Ambient Air Act; and

Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road transport vehicles.

CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended by laws number 24(I) of 1992 and 20(I) of 2004, Law 157/1988.

FR: Articles L 6213-1 to 6213-6 du Code de la Santé Publique.

IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists;

Royal Decree 842/1928 on the profession of chemical analysts.

(c)
   Services related to management consulting – arbitration and conciliation services (CPC 86602)

With respect to Cross-Border Trade in Services – Local Presence:

  

In HU: An authorisation, by means of admission into the register, by the minister in charge of the judicial system is required for the pursuit of mediation (such as arbitration and conciliation) activities which may only be granted to juridical or natural persons that are established in or resident in HU.

Measures:

HU: Act LV of 2002 on Mediation.

(d)
   Related scientific and technical consulting services (CPC 8675)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence:

In IT: Residency or professional domicile in IT 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 exploration and the operation of mines, etc. There is a requirement for nationality of a Member State, however, foreigners may enrol under condition of reciprocity.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment, Local Presence:

In BG: Establishment is required, as well as EEA or Swiss nationality for the natural person carrying out activities for geodesy, cadastral surveying and in cartography when studying movements of the earth crust.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In CY: Nationality condition applies for the provision of relevant services.

In FR: Foreign investors are required to have a specific authorisation for exploration and prospecting services.

With respect to Cross-Border Trade in Services – Local Presence:

In HR: Services of basic geological, geodetic and mining consulting as well as related environmental protection consulting services in the territory of HR can be carried out only jointly with or through domestic legal persons.

Measures:

BG: Cadastre and Property Register Act, Geodesy and Cartography Act.

CY: Law 224/1990.

  

FR: Loi 90-1258 relative à l’exercice sous forme de société des professions libérales, modifiée par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008.

HR: Ordinance on requirements for issuing approvals to legal persons for performing professional environmental protection activities (OG No.57/10), Articles 32 to 35.

IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.

(e)
   Technical testing and analysis services (CPC 8676)

With respect to Cross-Border Trade in Services – Local Presence:

In IT: For biologists and chemical analysts residency and enrolment in the professional register is required.

In BG: Establishment in BG according to the Bulgarian Commercial Act and registration in the Commercial register are required for the cross-border provision of technical testing and analysis services. For the periodical inspection for proof of technical condition of road transport vehicles, the person must 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 EU or country from the EEA.

In PT: The profession of chemical analyst is reserved for natural persons.

  

Measures:

BG: Technical Requirements towards Products Act; Measurement Act;

National Accreditation of Compliance Conformity Authorities Act;

Clean Ambient Air Act; and

Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road transport vehicles.

IT: Law 3/1976 on the profession of agronomists ("Periti agrari"); Law 434/1968 as amended by Law 54/1991.

PT: Decree Law 119/92;

Law 47/2011; and

Decree Law 183/98.

(f)
   Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In BE (applies also to the regional level of government): Flemish Region, Walloon Region, German-Speaking Community: a company having its head office outside the EEA has to prove that it supplies placement services in its country of origin (CPC 87202).

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In DE: Nationality of a Member State or a commercial presence in the EU is required in order to obtain a licence to operate as a temporary employment agency (pursuant to s. 3 paragraphs 3 to 5 of the relevant Act (Arbeitnehmerüberlassungsgesetz) on temporary agency work. The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-EU and non-EEA personnel for specified professions such as health and care related professions (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209).

  

Measures:

BE: Flemish Region: 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), art. 7; 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), art. 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, art. 6.

DE: § 1 and 3 Abs 5 Arbeitnehmerüberlassungsgesetz –AÜG § 292 SGB III§ Article 38 Beschäftigungsverordnung.

(g)
   Security Services (CPC 87302, 87303, 87304, 87305, 87309)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In PT: A nationality requirement exists for specialised personnel.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In IT: Nationality of a Member State and residency is required in order to obtain the necessary authorisation to supply security guard services and the transport of valuables.

With respect to Cross-Border Trade in Services – Local Presence and Most-Favoured-Nation:

In DK: Residence requirement for individuals applying for an authorisation to conduct security services, as well as for managers and the majority of members of the board of a legal entity applying for an authorisation to conduct security services. However, residence is not required to the extent it follows from international agreements or orders issued by the Minister for Justice.

With respect to Cross-Border Trade in Services – Local Presence:

In EE: Residency is required for providing security services and for security guards.

  

Measures:

DK: Lovbekendtgørelse 2016-01-11 No. 112 om vagtvirksomhed.

EE: Turvaseadus (Security Act) § 21, § 43.

IT: Law on public security (TULPS) 773/1931, Articles. 133-141; and

Royal Decree 635/1940, Article 257.

PT: Law 34/2013; and

Ordinance 273/2013.

(h)
   Collection agency services, Credit reporting services (CPC 87901, 87902)

With respect to Investment Liberalisation – 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.

  

(i)
   Translation and interpretation Services (CPC 87905)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In CY: Nationality requirement applies.

In EE: A sworn translator must be a national of a Member State.

In HR: EEA nationality is required for certified translators.

With respect to Cross-Border Trade in Services – Local Presence:

In BG: Permanent residency is required for the provision of official translation and interpretation services.

In FI: Residency in EEA is required for certified translators.

Measures:

BG: Regulation for the legalisation, certification and translation of documents, Article 18.

CY: The Establishment, Registration and Regulation of the Certified Translator Services in the Republic of Cyprus Law.

  

EE: Vandetõlgi seadus § 2 (3), § 16, (Sworn Translators Act).

FI: Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), s. 2(1)).

HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2.

(j)
   Other Business Services (part of CPC 612, part of 621, part of 625, part of 893, part of 85990)

With respect to Investment Liberalisation – National Treatment:

In CY: Nationality condition for the provision of hairdressing, cosmetic treatment, manicuring and pedicuring services, and other beauty services.

Measures:

CY: Law 28(i)/2003;

Law 40(i)/1993;

Law 40(i)/1993; and

Law 182(i) 2013.

  

With respect to Cross-Border Trade in Services – Local Presence:

In CZ: To obtain a licence for the supply of voluntary public auctions, a company must be incorporated in CZ and a natural person is required to obtain a residency permit (part of CPC 612, part of 621, part of 625, part of 85990).

In NL: To provide hallmarking services, commercial presence in NL is required (part of CPC 893).

Measures:

CZ: Act No. 455/1991 Coll.;

Trade Licence Act; and

Act No. 26/2000 Coll., on public auctions.

NL: Waarborgwet 1986.

I-EU-7 – Construction Services

Sector – Subsector:
   Construction services – construction and related engineering services

Industry Classification:
   CPC 51

Obligations Concerned:
   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 – National Treatment; and Cross-Border Trade in Services – National Treatment:

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.

  

I-EU-8 – Distribution Services

Sector – Subsector:
   Distribution services – general, of tobacco and of alcoholic beverages

Industry Classification:
   CPC 3546, part of 621, 6222, 631, part of 632

Obligations Concerned:
   National Treatment

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

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

Description:

(a)
   Distribution of Pharmaceuticals (CPC 62117, 62251, 8929)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In CY: Nationality requirement exists for distribution services on pharmaceutical representatives (CPC 62117).

Measures:

CY: Law 74(i) 202.

(b)
   Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In AT: Priority is given to nationals of a Member State of the EEA (CPC 63108).

In FR: Nationality requirement for tobacconists (buraliste) (part of CPC 6222, part of 6310).

With respect to Investment Liberalisation –National Treatment:

In ES: Establishment is subject to a Member State nationality requirement (CPC 63108).

Measures:

AT: Tobacco Monopoly Act 1996, § 5 and § 27.

ES: Law 14/2013 of 27 September 2014.

FR: Code général des impôts, Article 568 and Articles 276 to 279 of Annex 2.

(c)
   Other distribution services (CPC 3546)

With respect to Cross-Border Trade in Services – National Treatment, Local Presence:

In LT: The distribution of pyrotechnics is subject to licensing. Only the juridical persons established in the EU may obtain a licence (CPC 3546).

Measures:

LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).

I-EU-9 – Education Services

Sector – Subsector:
   Education services (privately funded)

Industry Classification:
   CPC 921, 922, 923, 924

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Senior Management and Board of Directors

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 – National Treatment; and Cross-Border Trade in Services – National Treatment:

In FR: Nationality of a Member State is required in order to teach in a privately funded educational institution (CPC 921, CPC 922, CPC 923). However, nationals of Mexico may obtain an authorisation from the relevant competent authorities in order to teach in primary, secondary and higher level educational institutions. Nationals of Mexico 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. That authorisation is granted on a discretionary basis.

In MT: Service suppliers seeking to provide privately funded higher or adult education services shall obtain a licence from the Ministry of Education and Employment. The decision on whether to issue a licence may be discretionary (CPC 923, CPC 924).

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment:

In BG: Bulgarian kindergartens and schools having foreign participation may be established on the grounds of international agreements to which BG is a party. Foreign higher schools cannot establish subsidiaries in the territory of BG. Foreign higher schools may open faculties, departments, institutes and colleges in BG only within the structure of Bulgarian high schools and in cooperation with them (CPC 921, CPC 922).

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

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, CPC 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 EU residents (natural or legal persons) of private tertiary education institutions granting certificates which are not recognised as being equivalent to university degrees (CPC 923).

With respect to Cross-Border Trade in 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:

BG: Pre-school and School Education Act (Additional Provisions, paragraph 4); and

Higher Education Act (Additional Provisions, paragraph 4).

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).

EL: Laws 682/1977, 284/1968, 2545/1940 and Presidential Degree 211/1994 as amended by Presidential Degree 394/1997, Constitution of Hellas, Article 16, paragraph 5 and Law 3549/2007.

FR: Code de l’éducation, Articles L 444-5, L 914-4, L 441-8, L 731-8, L 731-1 to 8.

MT: Legal Notice 296 of 2012.

SK: Law No. 131 of 21 February 2002 on Universities.

  

I-EU-10 – Environmental Services

Sector – Subsector:
   Environmental services

Industry Classification:
   CPC 940

Obligations Concerned:
   Local Presence

Chapter:
   CBTS

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

Description:

With respect to Cross-Border Trade in Services – Local Presence:

In SE: Only entities established in SE or having their principal seat in SE 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 a Member State of the European Union or a Member State of the European Economic Area (EEA) is required (residency requirement) (part of CPC 9402).

Measures:

SE: The Vehicles Act (2002:574).

SK: Act 79/2015 on Waste.

  

I-EU-11 – Health Services and Social Services

Sector – Subsector:
   Health and social services

Industry Classification:
   CPC 931, 933

Obligations Concerned:
   National Treatment

Chapter:
   Investment Liberalisation

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

  

Description:

With respect to Investment Liberalisation – National Treatment:

In FR: While other types of legal form are available for EU investors, foreign investors only have access to the legal forms of SEL (société d'exercice liberal) and SCP (société civile professionnelle). 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 SARL (anonyme, à responsabilité limitée) or SCP (en commandite par actions) only. 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.

Measures:

FR: Loi 90-1258 relative à l’exercice sous forme de société des professions libérales, modifiée par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008 et la loi 66-879 du 29 novembre 1966 (SCP); Code de la santé publique, Articles L6122-1 and L6122-2 (Ordonnance 2010-177 du 23 février 2010).

  

I-EU-12 – Tourism and Travel related Services

Sector – Subsector:
   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

Obligations Concerned:
   National Treatment

Senior Management and Board of Directors

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 – National Treatment; and Cross-Border Trade in Services – National Treatment:

In BG: 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 %. EEA nationality requirement for tourist guides (CPC 641, 642, 643, 7471, 7472).

In CY: The provision of tourist guide services and travel agencies and tour operators services requires nationality of a Member State (CPC 7471, 7472).

In EL: Citizens of third countries 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 to practice the profession can be temporally accorded to third countries citizens, by way of derogation from the above-mentioned provisions, in the event of the confirmed absence of a tourist guide for a specific language.

In ES (applies also to the regional level of government): Nationality of a Member State is required for the provision of tourist guide services (CPC 7472).

  

In HR: EEA nationality is required for hospitality and catering services in households and rural homesteads (CPC 641, 642, 643, 7471, 7472).

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. Licences are reserved to EEA nationals and juridical persons having their seats in the EEA Member States (CPC 7471, 7472).

In IT (applies also to the regional level of government): Tourist guides from non-EU countries need to obtain a specific licence from the Region in order to act as professional tourist guides. Tourist guides from Member States can work freely without the requirement for that a licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge (CPC 7472).

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – Local Presence:

In BG: Tour operation or travel agency services may be provided by a person established in a Member State of the EU or a Member State of the EEA. Nationality and residency of the EEA or the Swiss Confederation is required to supply tour guide services, including activities such as mountain guides or ski instructors (CPC 7471, 7472).

Measures:

BG: Law for Tourism, Articles 61, 113 and 146.

  

CY: The Tourism and Travel Offices and Tourist Guides Law 1995 to 2004 (N.41(I)/1995-2004).

EL: Presidential Decree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B), Article 50 of the law 4403/2016.

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 turístico-informativas 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, guías de turismo y turismo activo;

Islas Baleares: 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 No. 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 (los guías podrían ser extranjeros si tienen homologación de las titulaciones requeridas).

HR: Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12); and

Act on Provision of Tourism Services (OG No. 68/07 and 88/10).

HU: Act CLXIV of 2005 on Trade; and

Government Decree No. 213/1996 (XII.23.) on Travel Organisation and Agency Activities.

IT: Law 135/2001 Articles 6 and 7.5, Law 40/2007 (DL 7/2007).

I-EU-13 – Recreational, Cultural and Sporting Services

Sector – Subsector:
   Recreational services – other sporting services

Industry Classification:
   Part of CPC 96419

Obligations Concerned:
   National Treatment

Senior Management and Board of Directors

Chapter:
   Investment Liberalisation and 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 Board of Directors; and Cross-Border Trade in Services – National Treatment:

In AT (applies to the regional level of government): The operation of ski schools and mountain guide services is governed by the laws of the Bundesländer. The provision of these services may require nationality of a Member State of the EEA. Enterprises may be required to appoint a managing director who is a national of a Member State of the EEA.

In CY: Nationality requirement for the establishment of a dance school and nationality requirement for physical instructors.

Measures:

AT: Kärntner Schischulgesetz, LGBL. No. 53/97;

Kärntner Berg- und Schiführergesetz, LGBL. No. 25/98;

NÖ- Sportgesetz, LGBL. No. 5710; OÖ- Sportgesetz, LGBl. No. 93/1997;

  

Salzburger Schischul- und Snowboardschulgesetz, LGBL. No. 83/89;

Salzburger Bergführergesetz, LGBL. No. 76/81;

Steiermärkisches Schischulgesetz, LGBL. No. 58/97;

Steiermärkisches Berg- und Schiführergesetz, LGBL. No. 53/76;

Tiroler Schischulgesetz. LGBL. No. 15/95;

Tiroler Bergsportführergesetz, LGBL. No. 7/98;

Vorarlberger Schischulgesetz, LGBL. No. 55/02 §4 (2)a;

Vorarlberger Bergführergesetz, LGBL. No. 54/02; and

Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. No. 37/02.

CY: Law 65(i)/1997; Law 17(i) /1995.

I-EU-14 – Transport Services and Services Auxiliary to Transport Services

Sector – Subsector:
   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; provision of combined transport services

Industry Classification:
   ISIC 0501, 0502; CPC 5122, 5133, 5223, 711, 712, 72, 741, 742, 743, 744, 745, 748, 749, 7461, 7469, 83103, 83104, 86751, 86754, 8730, 882

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

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

Description:

Maritime transport and auxiliary services for maritime transport. Any commercial activity undertaken from a ship (ISIC 0501, 0502; CPC 5133, 5223, 721, Part of 742, 745, 74540, 74520, 74590, 882)

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; Cross-Border Trade in Services – National Treatment:

In BG: The carriage and any activities related to hydraulic-engineering and underwater technical works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such activities; performed by vessels in the internal waters and the territorial sea of BG, may only be performed by vessels flying the Bulgarian flag or vessels flying the flag of another Member State.

Nationality requirement for supporting services. The master and the chief engineer of the vessel shall mandatorily be nationals of a Member State of the EU or the EEA or of the Swiss Confederation. No less than 25 % of the positions at management and operational level and no less than 25 % of the positions at order-taking level shall be occupied by nationals of BG. The right to perform supporting services for public transport carried out in Bulgarian ports and in ports having regional significance is granted by a contract with the owner of the port (ISIC 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 – National Treatment; Cross-Border Trade in Services – National Treatment:

In DK: Pilotage services providers may only conduct pilotage services in DK if they are domiciled in an EU or EEA country and registered and approved by the Danish Authorities in accordance with the Danish Pilotage Act (74520).

Measures:

DK: Danish Pilotage Act, §18.

  

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

In DE (applies also to the regional level of government): A vessel that does not belong to a national of a Member State may be used for activities other than transport and auxiliary services in the German federal waterways only after specific authorisation. Waivers for non-EU vessels may only be granted if no EU vessels are available or if they are available under very unfavourable conditions, or on the basis of reciprocity. Waivers for vessels flying under the Mexican flag may be granted on the basis of reciprocity (§ 2 paragraph 3 Verordnung über die Küstenschifffahrt). 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.

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 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)) if they concern:

(i)
   rental of internal waterways vessels, which are not registered in the economic area;

  

(ii)
   transport of freight with such internal waterways vessels; or

(iii)
   towing services by such internal waterways vessels.

Measures:

DE: §§ 1, 2 Flaggenrechtsgesetz (Flag Protection Act);

§ 2 Verordnung über die Küstenschifffahrt vom 05.07. 2002;

§§ 1, 2 Binnenschifffahrtsaufgabengesetz (BinSchAufgG);

Verordnung über Befähigungszeugnisse in der Binnenschiffahrt (Binnenschifferpatentverordnung - BinSchPatentV);

§ 9 Abs.2 No. 1 Seelotsgesetz from 08.12. 2010 (BGBl. I S. 1864);

§ 1 No. 9, 10, 11 and 13 Seeaufgabengesetz (SeeAufgG); and

See-Eigensicherungsverordnung from 19.09.2005 (BGBl. I S. 2787), geändert durch Artikel 516 Verordnung vom 31.10.2006 (BGBl. I S. 2407).

In FI: Supporting services for maritime transport when provided in Finnish maritime waters are reserved to fleets operating under the national, EU or Norwegian flag (CPC 745).

  

Measures:

FI: Merilaki (Maritime Act) (674/1994); and

Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), s. 4.

Rail transport and auxiliary services to rail transport (CPC 711, 743)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In BG: Only nationals of a Member State may provide rail transport or supporting services for rail transport in BG. 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.

Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

  

In AT: For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of the Member States and to juridical persons of the EU having their headquarters in the EU (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.

In CZ: Incorporation in CZ is required (no branches) for the provision of road transport services.

Measures:

CZ: Act No. 111/1994 Coll., on Road Transport.

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – 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.

  

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)-EC Regulations 1071/09 and 1072/09.

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 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).

Criteria for receiving a licence for other road transport operators require that the company be established in the EU, have an establishment situated in SE and have appointed a natural person to act as the transport manager, who must be a resident in the EU.

Operators of cross-border road haulage and road passenger transport services abroad need to be licensed for those operations by the competent authority in the country where they are established. Additional requirements for cross-border trade may be regulated in bilateral road transport agreements. For vehicles in which no bilateral agreement is applicable, a licence is also needed from the Swedish Transport Agency (CPC 712).

Measures:

SE: Yrkestrafiklag (2012:210) (Act on professional traffic);

Lag om vägtrafikregister (2001:558) (Act on road traffic registry);

Yrkestrafikförordning (2012:237) (Government regulation on professional traffic);

Taxitrafiklag (2012:211) (Act on Taxis); and

Taxitrafikförordning (2012:238) (Government regulation on taxis).

Services auxiliary to air transport services (CPC 7461, 7469, 83104)

With respect to Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence:

In the EU: For groundhandling services, establishment within the EU 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:

The EU: Regulation 2008/1008/EC of 24 September 2008 on common rules for the operation of air services in the Community; Regulation 2009/80/EC of 14 January 2009 on a Code of Conduct for computerised reservation systems; Directive 1996/67/EC of 15 October 1996 on access to the groundhandling market at Community airports.

In BE (applies also to the regional level of government): For groundhandling services, reciprocity is required.

Measures:

BE: Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à l'aéroport de Bruxelles-National (Article 18);

Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (Article 14);

Arrêté du Gouvernement wallon réglementant l’accès au marché de l’assistance en escale aux aéroports relevant de la Région wallonne (Article 14)

  

With respect to Investment Liberalisation – National Treatment.

In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a Member State of the EU or of the EEA may only be registered if they are domiciled or resident in BE 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 EU or of the EEA may only be registered if they have a seat of operations, agency or office in BE without interruption for at least one year (rental of aircraft CPC 83104).

Measures:

BE: Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne.

In PL: For airport operation services, foreign participation is limited to 49 per cent (part of CPC 742).

Measures:

PL: Polish Aviation Law of 3 July 2002, Articles 174.2 and 174.3.

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 EU residents.

Measures:

The EU: Regulation (EU) No 952/2013 of 9 October 2013 of the European Parliament and of the Council establishing the Union Customs Code.

Provision of Combined Transport Services (CPC 711, 712, 7212, 7222, 741, 742, 743, 744, 745, 748, 749)

With respect to Cross-Border Trade in Services – Local Presence:

The EU: With the exception of FI: Only hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States may, in the context of a combined transport operation between Member States, carry out initial or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. Limitations affecting any given mode of transport apply.

  

Necessary measures can be taken to ensure that the motor vehicle taxes applicable to road vehicles routed in combined transport are reduced or reimbursed.

Measures:

The EU: Directive 1992/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States.

I-EU-15 – Agriculture, fishing and manufacturing

Sector – Subsector:
   Agriculture, hunting, forestry; animal and reindeer husbandry, fishing and aquaculture; publishing, printing and reproduction of recorded media

Industry Classification:
   ISIC 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221, 222, 323, 324, CPC 882, 88442

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

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

  

Description:

(a)
   Agriculture, hunting and forestry (ISIC 011, 012, 013, 014, 015, 1531, CPC 881)

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment; Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment, Local Presence:

In IT: For agronomists and periti agrari, residency and enrolment in the professional register is required. Third country nationals can enrol under condition of reciprocity.

Measures:

IT: Law 3/1976 on the profession of agronomists "Periti agrari"; Law 434/1968 as amended by Law 54/1991.

With respect to Investment Liberalisation – Performance Requirements:

The EU: The intervention agencies designated by Member States shall buy cereals which have been harvested in the EU. No export refund shall be granted on rice imported from and re-exported to any third country. Only EU rice producers may claim compensatory payments.

  

With respect to Investment Liberalisation –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 co-operative (ISIC 11, 12, 13, 14, 15).

In SE: Only Sami people may own and practice reindeer husbandry.

Measures:

The EU: Regulation 2007/1234/EC of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).

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: Article R331-1 on installation and Article L. 529-2 on agricultural co-operatives.

SE: Reindeer Husbandry Act (1971:437), paragraph 1.

  

(b)
   Manufacturing – Publishing, printing and reproduction of recorded media (ISIC 221, 222, 323, 324, CPC 88442)

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 DE, the EU or an EEA country. Exceptions may be allowed by the Federal Minister of the Interior (ISIC 223, 224).

In SE: Natural persons who are owners of periodicals that are printed and published in SE shall reside in SE or be nationals of a Member State of the EEA. Owners of those periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in SE and technical recordings shall have a responsible editor who must be domiciled in SE.

  

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment:

In IT: In so far as Mexico allows Italian nationals and enterprises to conduct these activities, IT shall allow nationals and enterprises of Mexico to conduct these activities under the same conditions. In so far as Mexico allows Italian investors to own more than 49 % of the capital and voting rights in a publishing company of Mexico, IT shall allow investors of Mexico to own more than 49 % of the capital and voting rights in an Italian publishing company under the same conditions (ISIC 221, 222, CPC 88442).

With respect to Investment Liberalisation – Senior Management and Board of Directors:

In PL: Nationality is required for the editor-in-chief of newspapers and journals (ISIC 221, 222).

With respect to Cross-Border Trade in Services – Local Presence:

In LV: Only legal persons incorporated in LV and natural persons of LV have the right to found and publish mass media. Branches are not allowed.

  

Measures:

DE: § 10 Abs. 1 Nr. 4 Landesmediengesetz (LMG) Rheinland-Pfalz v. 4. Februar 2005, GVBl. S. 23;

§ 9 Abs. 1 Nr. 1 Gesetz über die Presse Baden-Württemberg (LPG BW) v. 14 Jan. 1964, GBl. S.11;

§ 9 Abs. 1 Nr. 1 Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW) v. 24. Mai 1966 (GV. NRW. S. 340);

§ 8 Abs. 1 Gesetz über die Presse Schleswig-Holstein (PressG SH) vom 25.1.2012, GVOBL. SH S. 266;

§ 7 Abs. 2 Landespressegesetz für das Land Mecklenburg-Vorpommern (LPrG M-V) v. 6 Juni 1993, GVOBl. M-V 1993, S. 541;

§ 8 Abs. 1 Nr. 1 Pressegesetz für das Land Sachsen-Anhalt in der Neufassung vom 2.5.2013 (GVBl. LSA S. 198);

§ 7 Abs. 2 Berliner Pressegesetz (BlnPrG) v. 15 Juni 1965, GVBl. S. 744;

  

§ 10 Abs. 1 Nr. 1 Brandenburgisches Landspressegesetz (BbgPG) v. 13. Mai 1993, GVBl. I/93, S. 162;

§ 9 Abs. 1 Nr.1 Gesetz über die Presse Bremen (BrPrG), Brem. GBl. 1965, S. 63;

§ 7 Abs. 3 Nr. 1 Hessisches Pressegesetz (HPresseG) v. 12. Dezember 2004, GVBl. 2004 I S. 2;

§ 7 Abs. 2 i.V.m § 9 Abs.1 Ziffer 1 Thüringer Pressegesetz (TPG) v. 31. Juli 1991, GVBl. 1991 S. 271;

§ 9 Abs. 1 Nr. 1Hamburgisches Pressegesetz v. 29. Januar 1965, HmbGVBl., S. 15;

§ 6 Abs. 2 Sächsisches Gesetz über die Presse (SächsPresseG) v. 3. April 1992, SächsGVBl. S. 125;

§ 8 Abs. 2 Niedersächsisches Pressegesetz v. 22. März 1965, GVbl. S.9;

§ 9 Abs. 1 Nr. 1 Saarländisches Mediengesetz (SMG) vom 27. Februar 2002 (Amtsbl. S. 498); and

Art. 5 Abs. 2 Bayerisches Pressegesetz in der Fassung der Bekanntmachung v. 19. April 2000 (GVBl, S. 340).

  

IT: Law 416/1981, Article 1 (and subsequent amendments).

LV: Law on the Press and Other Mass Media, s. 8.

PL: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent amendments.

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).

  

I-EU-16 – Energy related activities

Sector – Subsector:
   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; services incidental to energy distribution

Industry Classification:
   ISIC 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part of 742, 8675, 883, 887

Obligations Concerned:
   National Treatment

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

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

  

Description:

(a)
   Mining and quarrying (ISIC 10, 11, 12, 13, 14, CPC 5115, 7131, 8675, 883)

With respect to Investment Liberalisation –National Treatment, Most-Favoured-Nation Treatment:

In CY: The Council of Ministers may refuse to allow access to and exercise of the activities of prospecting, exploration and exploitation of hydrocarbons to any entity which is effectively controlled by Mexico or by nationals of Mexico or third country nationals. No entity may, after the granting of an authorisation for the prospecting, exploration and production of hydrocarbons, come under the direct or indirect control of Mexico or a national of Mexico without the prior approval of the Council of Ministers. The Council of Ministers may refuse to grant an authorisation for the prospecting, exploration and production of hydrocarbons to an entity which is effectively controlled by Mexico or a third country or by a national of Mexico or a third country, if Mexico or the third country does not grant entities of CY or entities of Member States, in relation to the access to and exercise of the activities of prospecting, exploring for and exploiting hydrocarbons, treatment comparable to that which CY or the Member State grants entities of Mexico or that third country (ISIC 1110).

  

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation 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 Organisation for Economic Co-operation and Development (OECD) member, or of a third country on condition of reciprocity. Compliance with the condition of reciprocity is verified by the Ministry responsible for mining (ISIC 10, 11, 12, 13, 14, CPC 883, 8675).

With respect to Investment Liberalisation – National Treatment:

In NL: The exploration for and exploitation of hydrocarbons in NL 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).

With respect to Cross-Border Trade in Services – Local presence:

In FI: The exploration for and exploitation of mineral resources may be granted to a natural person resident in the EEA or a juridical person established in the EEA. (ISIC Rev. 3.1 120, CPC 5115, 883, 8675).

  

In SK: For mining, activities related to mining and geological activity, incorporation in a Member State of the EU or of 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, those 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 or radioactive mineral resources. This does not increase the non-conforming aspects of the existing measure for which the reservation is taken (ISIC 10, 11, 12, 13, 14, CPC 5115, 7131, 883 and 8675).

Measures:

CY: The Hydrocarbons (Prospecting, Exploration and Exploitation Law) of 2007, (Law 4(I)/2007) as amended by laws number 126(I) of 2013 and 29(I) of 2014.

FI: Kaivoslaki (Mining Act) (621/2011); and

Ydinenergialaki (Nuclear Energy Act) (990/1987).

NL: Mijnbouwwet (Mining Act).

  

SI: Mining Act 2014.

SK: Act 51/1988 on Mining, Explosives and State Mining Administration;

Act of the Slovak Republic 44/1988 on protection and exploitation of natural resources; and

Act 569/2007 on Geological Works.

Electricity (ISIC 40, 4010; CPC 62271, 887 (other than advisory and consulting services))

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services –National Treatment, Local Presence:

In AT (applies only to the regional level of government): 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. Juridical persons (enterprises) and partnerships shall have their seat in the EEA. They shall 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 if the operation of the network is considered to be in the public interest (ISIC 40, CPC 887).

  

Measures:

AT: Burgenländisches Elektrizitätswesengesetz 2006, LGBl. No. 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;

  

Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006;

Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§ 5 (1) and (3), 15, 16; and

Gaswirtschaftsgesetz (Gas Act), BGBl. I No. 121/2000, amended in 2011Article 43 and 44, Articles 90 and 93.

With respect to Cross-Border Trade in Services – Local Presence:

In BE: Establishment within the EU is required (ISIC 4010, CPC 887).

In CZ: For electricity generation, transmission, distribution, trading and other electricity market operator activities, as well as heat generation and distribution, authorisation is required. That authorisation may only be granted to a natural person with a residence permit or a juridical person established in the EU. Exclusive rights exist with regard to electricity and gas transmission and market operator licences (ISIC 40, CPC 7131, 62279, 742, 887).

In LT: The licences for transmission, distribution, public supply and organising of trade of electricity may only be issued to legal persons of LT or branches of foreign legal persons or other organisations established in LT (ISIC 4010, CPC 62279, 887).

This reservation does not apply to advisory or consultancy services related to the transmission and distribution on a fee or contract basis of electricity.

  

In PL: The following activities are subject to licensing under the Energy Law Act:

i)
   the generation of electricity, except for generation of electricity using electricity sources of the total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity using sources of the total capacity of not more than 5 MW other than renewable energy sources;

ii)
   the transmission or distribution of electricity; and

iii)
   the trade in electricity, except for the trade in electricity using installations of voltage lower than 1 kV owned by the customer; and the trade in 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.

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 EU, Member State of the EEA or the Swiss Confederation (ISIC 4010, CPC 62279, 63297, CPC 887).

In PT: The activities of electricity transmission and distribution are carried out through exclusive concessions of public service. Concessions for the electricity sectors are assigned only to limited companies with their headquarters and effective management in PT (ISIC 4010, CPC 887).

  

In SI: The production, trading, supply to final customers, transmission and distribution of electricity and natural gas is subject to establishment in the EU (ISIC 4010, 4020, CPC 7131, 887).

In SK: An authorisation is required for the production, transmission and distribution of electricity, wholesale and retail of electricity, and related services incidental to energy distribution. For all these activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or the EEA or a juridical person established in the EU or the EEA (ISIC 4010, CPC 62279, 887).

In SI: The production, trading, supply to final customers, transmission and distribution of electricity and natural gas is subject to establishment in the EU (ISIC 4020, CPC 7131, 887).

Fuels, gas, crude oil or petroleum products (ISIC 232, 4020; CPC 62271, 63297, 7131, 742, 887 (other than advisory and consulting services))

  

With respect to Investment Liberalisation – National Treatment and Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment and 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 shall 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:

With regard to natural persons, authorisation is only granted to EEA-nationals who must have a seat in Austria; and

Enterprises and partnerships shall have their seat in AT. An economic needs test or interest test is applied. Cross border pipelines must not jeopardise AT's security interests and its status as a neutral country. Enterprises and partnerships shall appoint a managing director who shall 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).

  

With respect to Cross-Border Trade in Services – Local Presence:

In BE: For bulk storage services of gas, requirements exist regarding the types of legal entities and the treatment of public or private operators to which BE has conferred exclusive rights. Establishment within the EU is required for bulk storage services of gas (part of CPC 742).

In general the supply of natural gas to customers (customers being both distribution companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in BE is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. That authorisation may only be granted to a natural or juridical person established in a Member State (ISIC 4020, CPC 7131).

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). Foreign enterprises controlled by natural persons or enterprises of a third country which accounts for more than 5 % of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity.

  

If the authorisation is requested by an enterprise other than a branch or a representative office, that enterprise shall:

i)
   be established in accordance with Belgian law, the law of another Member State, or the law of a third country which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas; and

ii)
   hold its administrative seat, its principal establishment or its head office within a Member State or a third country which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned (ISIC 4020, CPC 7131).

In CZ: For gas generation, transmission, distribution, storage and trading, authorisation is required. That authorisation may only be granted to a natural person with a residence permit or a juridical person established in the EU. Exclusive rights exist with regard to gas transmission and market operator licences (ISIC 2320, 4020, CPC 7131, 63297, 742, 887).

  

Steam and Hot Water Supply (ISIC 4030, CPC, 887).

With respect to Cross-Border Trade in Services – Local Presence:

In PL: The following activities are subject to licensing under the Energy Law Act:

i)
   the generation of steam and hot water energy, except for: cogeneration of 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 no more than 5 MW;

ii)
   the transmission or distribution of heat, except where the total capacity ordered by customers does not exceed 5 MW; and

iii)
   trade in heat if the capacity ordered by the customers does not exceed 5 MW.

A licence may only be granted by the Competent Authority to an applicant that has registered its principal place of business or residence in the territory of a Member State of the EU, a Member State of the EEA or the Swiss Confederation (ISIC 4030, CPC 887).

In SK: An authorisation is required for production and distribution of steam and hot water, wholesale and retail of steam and hot water, and related services incidental to energy distribution. For all these activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or the EEA or a juridical person established in the EU or the EEA (ISIC 4030, 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;

  

Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006;

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.

BE: Arrêté royal du 2 avril 2003 relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci; and

Arrêté royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux conditions d'octroi des autorisations de fourniture de gaz naturel.

CZ: Act No. 458/2000 Coll on Business conditions and public administration in the energy sectors (The Energy Act).

DK: Bekendtgørelse nr. 724 af 1. juli 2008 om indretning, etablering og drift af olietanke, rørsystemer og pipelines (Order on the arrangement, establishment and operation of oil tanks, piping systems and pipelines), no. 724 of 1 July 2008.

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.

MT: EneMalta Act Cap. 272 and EneMalta (Transfer of Assets, Rights, Liabilities & Obligations) Act Cap. 536.

NL: Elektriciteitswet 1998; Gaswet.

PL: Energy Law Act of 10 April 1997, articles 32 and 33.

SI: Energetski zakon (Energy Act) 2014), Official Gazette RS, nr. 17/2014; Mining Act (2014).

  

Appendix I-B-1

RESERVATIONS FOR EXISTING MEASURES

LIST OF MEXICO

Reservations Applicable at Central Level

I-MX-1

Sector:
   All

Subsector:

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 27.

Foreign Investment Law (Ley de Inversión Extranjera), Title II, Chapters I and II.

Regulations to the Foreign Investment Law and the National Registry of Foreign Investments (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title II, Chapters I and II.

Description:
   Investment Liberalisation

Foreign nationals or foreign enterprises may not acquire property rights (dominio directo) over land and water in a 100-kilometre strip along the country's borders or in a 50-kilometre strip inland from its coasts (Restricted Zone).

Mexican enterprises without a foreigners exclusion clause may acquire property rights (dominio directo) over real estate located in the Restricted Zone, used for non-residential purposes. Notice of the acquisition shall be given to the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores), (hereinafter referred to as "SRE") within 60 business days following the date of acquisition.

  

Mexican enterprises without a foreigners exclusion clause may not acquire property rights (dominio directo) over real estate located in the Restricted Zone, used for residential purposes.

Pursuant to the procedure described below, Mexican enterprises without a foreigners exclusion clause may acquire rights for the use and enjoyment over real estate in the Restricted Zone, used for residential purposes. That procedure shall also apply when foreign nationals or foreign enterprises seek to acquire rights for the use and enjoyment over real estate in the Restricted Zone regardless of the purpose for which the real estate is used.

A permit from the SRE is required for credit institutions to acquire, as trustees, rights to real estate located in the Restricted Zone, when the purpose of the trust is to allow the use and enjoyment of that real estate, without granting real property rights thereof, and the trust beneficiaries are the Mexican enterprises without a foreigners exclusion clause, or the foreign nationals or foreign enterprises referred to above.

  

The terms "use" and "enjoyment" of the real estate located in the Restricted Zone mean the rights to use and enjoy that real estate, including, as applicable, obtaining benefits, products and, in general, any yield resulting from lucrative operation and exploitation through third parties or through the credit institutions acting as trustees.

The duration of the trust referred to in this entry shall be for a maximum period of 50 years, which may be renewed on request by the interested party.

The SRE may verify at any time the compliance with the conditions under which the permits referred to in this entry are granted, as well as the submission and veracity of the notices mentioned above.

The SRE shall decide on the permits, considering the economic and social benefits that these operations could have on the Nation.

Foreign nationals or foreign enterprises seeking to acquire real estate outside the Restricted Zone shall previously submit to the SRE a statement agreeing to consider themselves Mexican nationals for the above mentioned purposes, and waiving the right to invoke the protection of their governments with respect to that real estate.

  

I-MX-2

Sector:
   All

Sub-Sector:
   

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title VI, Chapter III.

Description:
   Investment Liberalisation

The CNIE shall take into account the following criteria when evaluating the applications
[3](#footnote3)
 submitted for its consideration:

(a)
   effects on employment and training of workers;

(b)
   technological contribution;

(c)
   compliance with the environmental provisions set out in the environmental legislation; and

(d)
   in general, contribution to increase the competitiveness of the Mexican productive system.

When deciding on an application, the CNIE may only impose requirements that do not distort international trade and that are not prohibited by Article 10.9 (Performance Requirements).

  

I-MX-3

Sector:
   All

Sub-Sector:
   

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

As qualified by the Description element

Description:
   Investment Liberalisation

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to participate, directly or indirectly, in more than 49 % of the ownership interest of a Mexican enterprise, only when the total value of the assets of the Mexican enterprise exceeds the applicable threshold at the time the application for acquisition is submitted.

The applicable threshold for the review of an acquisition of a Mexican enterprise shall be the amount determined by the CNIE. The threshold at the date of entry into force of this Agreement for Mexico shall be the equivalent in Mexican pesos to one billion US dollars, using the official exchange rate on 5 October 2015.

Each year, the threshold shall be adjusted in accordance with the nominal growth rate of the Mexican gross domestic product, as published by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía).

  

I-MX-4

Sector:
   All

Sub-Sector:
   

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7)

Senior Management and Board of Directors (Article 10.10)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 25.

General Law of Cooperative Companies (Ley General de Sociedades Cooperativas), Title I and Title II, Chapter II.

Federal Labour Law (Ley Federal del Trabajo), Title I.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Description:
   Investment Liberalisation

No more than 10 % of the natural persons participating in a Mexican cooperative production enterprise may be foreign nationals.

Investors of the European Union or their enterprises may only own up to 10 % of the ownership interest in a Mexican cooperative production enterprise.

No foreign nationals may engage in general administrative functions or perform managerial activities in that enterprise.

A cooperative production enterprise is an enterprise whose members join their personal work, whether physical or intellectual, with the purpose of producing goods or services.

  

I-MX-5

Sector:
   All

Sub-Sector:
   

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Federal Law to Foster the Microindustry and Handicraft Activity (Ley Federal para el Fomento de la Microindustria y la Actividad Artesanal), Chapters I to IV.

Description:
   Investment Liberalisation

Only Mexican nationals may apply for a licence (cédula) to qualify as a microindustry enterprise.

Mexican microindustry enterprises may not have foreign persons as partners.

The Federal Law to Foster the Microindustry and Handicraft Activity defines a "microindustry enterprise" as the enterprise integrated by up to 15 workers, that is engaged in the transformation of goods, and whose annual sales do not exceed the amount determined periodically by the SE.

  

I-MX-6

Sector:
   Agriculture, Livestock, Forestry and Lumber Activities

Sub-Sector:
   Agriculture, Livestock or Forestry

Industry Classification:
   CMAP 1111 Agriculture

CMAP 1112 Livestock and Hunting (limited to livestock)

CMAP 1200 Forestry and Logging

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 27.

Agrarian Law (Ley Agraria), Title VI.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Description:
   Investment Liberalisation

Only Mexican nationals or Mexican enterprises may own land for agriculture, livestock or forestry purposes. Those enterprises shall issue a special type of share ("T" share) representing the value of that land at the time of its acquisition.

Investors of the European Union or their enterprises may only own up to 49 % of "T" shares.

  

I-MX-7

Sector:
   Retail Trade

Sub-Sector:
   
   Sale of Non-Food Products in Specialised Establishments

Industry Classification:
   CMAP 623087 Retail Trade of Firearms, Cartridges and Munitions

CMAP 612024 Wholesale Trade Not Elsewhere Classified (limited to firearms, cartridges and munitions)

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Description:
   Investment Liberalisation

Investors of the European Union or their enterprises may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that is engaged in the sale of explosives, firearms, cartridges, ammunition and fireworks, excluding the acquisition and use of explosives for industrial and extractive activities, and the preparation of explosive mixtures for those activities.

  

I-MX-8

Sector:
   Communications

Sub-Sector:
   
   Broadcasting (radio and free to air television)
[4](#footnote4)

Industry Classification:
   
   CMAP 720006 Other Telecommunications Services (limited to satellite communications)

CMAP 720006 Other Telecommunications Services (Not including Enhanced or Value Added Services)

CMAP 502003 Telecommunications Installations

CMAP 720006 Other Telecommunications Services (limited to resellers)

CMAP 941104 Private Production and Transmission of Radio Programs (limited to production and transmission of sound broadcasting (radio) programs)

  

CMAP 941105 Private Services of Production, Transmission and Retransmission of Television Programming (limited to transmission and retransmission of free-to-air television programming)

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Most-Favoured-Nation Treatment (Article 10.8)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32, and Fifth Transitory Provision.

Federal Telecommunications and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión), Title III, Chapters I, III and VII; and Title X, Chapter II.

General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapter III.

  

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapters II and III.

Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI.

General Guidelines for the Granting of the Concessions Referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de la Ley en Materia de Telecomunicaciones y Radiodifusión).

Description:
   Investment Liberalisation and Cross-Border Trade in Services

In accordance with their purposes, sole concessions and frequency band concessions shall be granted only to Mexican nationals or Mexican enterprises constituted under Mexican law.

Investors of the European Union or their enterprises may participate up to 49 % in concessionaire enterprises providing broadcasting services. That maximum foreign participation threshold shall be applied in accordance with the reciprocity existent with the country in which the investor or trader who ultimately controls it is constituted.

  

For the purposes of the paragraph above, a favourable opinion of the CNIE is required before granting the sole concession for providing broadcasting services in which foreign investment participate.

No concession, the rights conferred therein, facilities, auxiliary services, offices or accessories and properties affected thereto, may be assigned, encumbered, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state, under any circumstances.

Concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop and preserve languages, culture, knowledge, traditions, identity and their internal rules that, in accordance with the principle of gender equality, enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted.

Mexico shall guarantee that broadcasting promotes the values of national identity. The broadcasting concessionaires shall use and stimulate local and national artistic values and expressions of Mexican culture, in accordance with the characteristics of its programming. Daily programming with personal performances shall include more time covered by Mexican nationals.

  

I-MX-9

Sector:
   Communications

Sub-Sector:
   
   Telecommunications (including resellers and restricted television and audio service)

Industry Classification:
   CMAP 720006 Other Telecommunication Services

CMAP 720006 Other Telecommunications Services (not including enhanced or value added services)

CMAP 502003 Telecommunications Installation

CMAP 720006 Other Telecommunications Services (limited to resellers)

CMAP 502004 Other Special Installations

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32.

Federal Telecommunications and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión), Title III, Chapters I, III and VII; Title IV, Chapter X; and Title V, Chapter I.

General Means of Communication Law (Ley de Vías Generales de Comunicación).

Foreign Investment Law (Ley de Inversión Extranjera) Title I, Chapter II.

Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI.

  

General Guidelines for the Granting of the Concessions Referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de la Ley en Materia de Telecomunicaciones y Radiodifusión).

Rules of general character that establish the terms and requirements for the granting of telecommunication authorisations established in the Federal Telecommunications and Broadcasting Law (Reglas de carácter general que establecen los plazos y requisitos para el otorgamiento de autorizaciones en material de telecomunicaciones establecidas en la Ley en Materia de Telecomunicaciones y Radiodifusión).

General Guidelines on the Authorisation to Lease Radio Spectrum (Lineamientos Generales sobre la Autorización de Arrendamiento del Espectro Radioeléctrico).

Guidelines for the granting of the Authorisation Registration, for the use and development of radio spectrum frequency bands for secondary use (Lineamientos para el otorgamiento de la Constancia de Authorización, para el uso y aprovechamiento de bandas de frecuencias del espectro radioeléctrico para uso secundario).

Description:
   Investment Liberalisation and Cross-Border Trade in Services

In accordance with their purposes, sole concessions and frequency band concessions shall be granted only to Mexican nationals or Mexican enterprises constituted under Mexican law.

Concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop and preserve languages, culture, knowledge, traditions, identity and their internal rules that, in accordance with the principle of gender equality, enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted.

Concessions for indigenous social use shall only be granted to indigenous people and indigenous communities in Mexico without any kind of foreign investment.

No concession, the rights conferred therein, facilities, auxiliary services, offices or accessories and properties affected thereto, may be assigned encumbered, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state, under any circumstances.

  

Only Mexican nationals and Mexican enterprises established under Mexican law may obtain authorisation to provide telecommunication services as a reseller without being a concessionaire.

Under the General Guidelines on the Authorisation to Lease Radio Spectrum, any company interested in becoming a lessee of frequency bands shall obtain a sole concession for commercial use or a sole concession for private use.

Applicants for an authorisation for secondary use of radio spectrum frequency bands shall appoint a legal address in Mexico City.

I-MX-10

Sector:
   Communications

Sub-Sector:
   
   Transportation

Industry Classification:
   CMAP 7100 Transport

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Ports Law (Ley de Puertos), Chapter IV.

Regulatory Law of the Railway Service (Ley Reglamentaria del Servicio Ferroviario), Chapter II, Section III.

Civil Aviation Law (Ley de Aviación Civil), Chapter III, Section III.

Airports Law (Ley de Aeropuertos), Chapter IV.

Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.

General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters III and V.

Description:
   Investment Liberalisation

No foreign governments or foreign states may invest, directly or indirectly, in Mexican enterprises engaged in transportation and other general means of communications.

  

I-MX-11

Sector:
   Transportation

Sub-Sector:
   Land Transportation and Water Transportation

Industry Classification:
   CMAP 501421 Construction of Maritime and River Works

CMAP 501422 Construction of Roadworks and Works for Land Transport

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.

  

Ports Law (Ley de Puertos), Chapter IV.

Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II.

Description:
   Cross-Border Trade in Services

A concession granted by the SCT is required to build and operate, or only operate, marine or river works.

A concession granted by the SCT is also required to build, operate, exploit, conserve or maintain federal roads and bridges.

Only Mexican nationals and Mexican enterprises may obtain these concessions.

I-MX-12

Sector:
   Energy

Sub-Sector:
   
   Oil and Other Hydrocarbons Exploration and Production.

Transportation, treatment, refining, processing, storage, distribution, compression, liquefaction, decompression, regasification, sale to the public and commercialisation of hydrocarbons, petroleum products and petrochemicals, as well as the users of those products and services.

Exportation and importation of hydrocarbons and petroleum products.

Industry Classification:
   

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Performance Requirements (Article 10.9)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28.

Decree amending and supplementing various provisions of the Political Constitution of the United Mexican States on Energy (Decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de energía), published in the Official Journal on 31 October 2024.

Hydrocarbons Sector Law (Ley del Sector de Hidrocarburos), Articles 1, 4, 6, 10 to 14, 17, 22, 24, 25, 26, 27, 31, 37 to 44, 54, 55, 56, 58, 65, 69, 74, 76, 82, 95, 96, 110, 118, 151, 153, 158, 162 and 163..

Foreign Trade Law (Ley de Comercio Exterior).

State Public Enterprise, Petróleos Mexicanos Law (Ley de la Empresa Pública del Estado, Petróleos Mexicanos), Articles 2, 8, 10, 11, 62, 65 and 79.

Hydrocarbons Law Regulations (Reglamento de la Ley de Hidrocarburos), Articles 8, 9, 14, 16, 36, 37, 61, 92, 95, 96.

Regulation of the activities referred to in Title Three of the Hydrocarbons Law (Reglamento de las actividades a que se refiere el Título Tercero de la Ley de Hidrocarburos), Article 51.

  

Methodology for the Measurement of the National Content in the Entitlements and Exploration and Production Contracts of Hydrocarbons, and the permits in the Hydrocarbons Industry, issued by the Ministry of Economy (Metodología para la Medición del Contenido Nacional en Asignaciones y Contratos para la Exploración y Extracción de Hidrocarburos, así como para los permisos en la Industria de Hidrocarburos, emitida por la Secretaría de Economía).

  

Agreement establishing the values for 2015 and 2025 of national content in the activities of Exploration and Extraction of Hydrocarbons in deep and ultra-deep waters, issued by the Ministry of Economy, published in the Official Gazette on 29 March 2016 (Acuerdo por el que se establecen los valores para 2015 y 2025 de contenido nacional en las actividades de Exploración y Extracción de Hidrocarburos en aguas profundas y ultra profundas, emitidos por la Secretaría de Economía).

  

Description:
   Investment Liberalisation and Cross-Border Trade in Services

The Nation has the direct, inalienable and imprescriptible ownership of all hydrocarbons in the subsoil of its territory, including the continental shelf and the exclusive economic zone located outside the territorial sea and adjacent thereto, in strata or deposits, regardless of their physical conditions. Only the Nation shall conduct the exploration and production of hydrocarbons, through entitlements or contracts. The exploration and production contracts shall invariably stipulate that the hydrocarbons in the subsoil are property of the Nation.

The SENER may award entitlements to PEMEX for the exploration and production of hydrocarbons.

In order to perform the activities related to the entitlements for self-development, PEMEX shall only execute service contracts with private parties. For the activities related to the entitlements for mixed development, PEMEX shall execute mixed contracts with private parties, with a percentage of participation interest of PEMEX of no less than forty percent.

  

The SENER shall establish the appropriate contract model for each contractual area that undergoes a bidding process and is awarded in accordance with the law; for which it may choose among other contracting models such as services, profit-sharing, production-sharing or licenses. For contracts of exploration and production, PEMEX may enter into alliances or associations to participate in bidding processes, but it may not enter into public-private partnership contracts with private parties.

The SENER may establish a direct participation for PEMEX in the contracts for exploration and production of hydrocarbons. The SENER shall establish a mandatory participation of PEMEX in the contracts for exploration and production of hydrocarbons when there is a possibility to find a transboundary reservoir.

No bidding process shall be conducted in contracts for exploration and production for Natural Gas for self-consumption contained in coal seams and produced by it, which can be awarded directly to the mining concession holders.

The exploration and production activities of hydrocarbons conducted in the national territory through entitlements and exploration and production contracts must comply with a minimum national content percentage goal on average. This national content average goal will not take into account exploration and production of hydrocarbons in deep-water and ultra-deep water projects, which have different national content requirements established by the SE with the opinion of the SENER considering the characteristics of those activities.

The above mentioned mandate must comply with the methodology established by the Ministry of Economy, and must consider that it does not affect the competitive position of the PEMEX or any other state productive enterprises and other economic agents developing exploration and production of hydrocarbons.

  

The Federal Executive shall establish safeguard zones in the areas in which the State decides to prohibit exploration and production activities, different from protected natural areas in which entitlements and contracts cannot be awarded.

The Mexican Government shall include within the conditions for the entitlements and exploration and production contracts, as well as in the permits, that under the same circumstances of prices, quality and timely delivery, preference should be given to the purchase of domestic goods and the contracting of domestic services, including the training and hiring, at a technical and management level, of Mexican nationals.

The activities of superficial exploration and recognition require an authorisation issued by the SENER, which does not grant rights for the exploration and production of hydrocarbons. The persons that have obtained an entitlement or an exploration and production contract do not require an authorisation for superficial exploration and recognition in the areas covered by the entitlement or exploration and production contract.

  

The SENER or the CNE shall establish the permit models for the transportation, treatment, refining, processing, storage, distribution, compression, liquefaction, decompression, regasification, sale to the public, commercialisation, formulation and dispatch for self-consumption of hydrocarbons (including natural gas), petroleum or natural gas products (including gasoline and diesel), and petrochemicals, as appropriate, as well as the management of Integrated Systems, taking into account that permit-holders shall have an enterprise incorporated under Mexican law and be domiciled in Mexico. The permits for the exporting and importing of hydrocarbons and petroleum or natural gas products shall be issued in accordance with the Foreign Trade Law (Ley de Comercio Exterior), which requires permit-holders to have an enterprise incorporated under Mexican law and be domiciled in Mexico.

  

I-MX-13

Sector: 
   Energy

Sub-Sector:
   
   

Industry Classification:
   CMAP 623090 Retail Trade of other Articles and Goods Not Elsewhere Classified (biofuel)

Obligations Concerned:
   Performance Requirements (Article 10.9)

Level of Government:
   Central

Measures:
   Biofuels Law (Ley de Biocombustibles), Article 19.

Description:
   Investment

The SE shall establish the methodology to measure the degree of national content in biomass, either for direct use as biofuels or for the production of biofuels, as well as its verification.

  

I-MX-14

Sector:
   Energy

Sub-Sector:
   
   Electricity

Industry Classification:
   

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Performance Requirements (Article 10.9)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28

   Decree amending and supplementing various provisions of the Political Constitution of the United Mexican States on Energy (Decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos Mexicanos, en materia de energía), published in the Official Journal on 31 October 2024.

  

Electric Sector Law (Ley del Sector Eléctrico), Articles 1, 2, 4, 10, 12, 13, 39, 40, 44, 61, 108, 109, 132, and 151..

State Public Enterprise, Federal Electricity Commission Law (Ley de la Empresa Pública del Estado, Comisión Federal de Electricidad), Articles 8, 65 and 81.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

The planning and control of the national electrical system in accordance with Article 25, 27 and 28 of the Constitution, as well as the Public Service of transmission and distribution of electricity, correspond exclusively to the Nation; concessions will not be granted in these activities.

  

The State public enterprise may, contract with privates, among other activities, the installation, maintenance, and expansion of the infrastructure needed to provide the public service of transmission and distribution of electricity.

The SE must establish the methodology to measure the degree of national content in the electricity sector.

The SENER, with the opinion of the SE, may establish that, under the same circumstances, including price equality, quality and timely delivery, the contracts of the State public enterprise related to the development of infrastructure projects, mixed investment and those resulting from the mechanisms for the allocation of energy and associated products entered into by the participants of the electricity sector, shall give preference to the acquisition of national goods, and the contracting of services of national origin, including the training and hiring, at technical and management level, of persons of Mexican nationality.

Where the private sector is allowed to participate in the other activities of the electrical industry, under no circumstances will it be permitted to take precedence over the State's public enterprise, whose essence is to fulfil its social responsibility and guarantee the continuity and accessibility of the public electricity service.

The State public enterprise must maintain at least fifty-four percent of the average energy injected into the grid in a calendar year.

  

The private sector may participate in the electric power generation process through mixed investment schemes, for which the State public enterprise must have a direct or indirect participation in the project of at least fifty-four percent.

The basic supply of electricity can only be provided by the State public enterprise, at the lowest possible price.

Regarding all other corporate activities of the CFE and its subsidiary enterprises, in accordance with the law of CFE, the Board of Directors shall issue regulations for the acquisition, leasing, contracting of services and execution of works. Among others, the Board may require minimum national content percentages in accordance with the nature of the contracting, the tariff regulation and the international treaties to which Mexico is a signatory.

All permits granted under the Electric Sector Law shall be granted by the CNE. Permit-holders shall be natural persons or enterprises incorporated under Mexican law.

  
  

I-MX-15

Sector:
   Energy

Sub-Sector:
   
   Hydrocarbons and Petroleum Products (supply of fuel and lubricants for aircraft, ships and railway equipment)

Industry Classification:

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Description:
   Investment Liberalisation

Investors of the European Union or their enterprises may own up to 49 % of the ownership interest of a Mexican enterprise which supplies fuel and lubricants for vessels, railway equipment and aviation fuels into plane supply.

  
  

I-MX-16

Sector:
   Printing, Editing and Associated Industries

Sub-Sector:
   Newspaper publishing

Industry Classification:
   CMAP 342001 Publishing of Newspapers, Magazines and Periodicals (limited to newspapers)

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

As qualified by the Description element.

Description:
   Investment Liberalisation

Investors of the European Union or their enterprises may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico engaged in the printing or publication of daily newspapers written primarily for a Mexican audience and distributed in the territory of Mexico.

For the purposes of this entry, daily newspapers are those whose distribution is not free and are published seven days a week.

  

I-MX-17

Sector:
   Manufacture of Goods

Sub-Sector:
   Explosives, fireworks, firearms and cartridges

Industry Classification:
   CMAP 352236 Manufacture of Explosives and Fireworks

CMAP 382208 Manufacture of Firearms and Cartridges

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Description:
   Investment Liberalisation

Investors of the European Union or their enterprises may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that manufactures explosives, fireworks, firearms, cartridges and ammunition, excluding the preparation of explosive mixtures for industrial and extractive activities.

  

I-MX-18

Sector:
   Fishing

Sub-Sector:
   Fishing-related services

Industry Classification:
   CMAP 1300 Fishing

Obligations Concerned:
   National Treatment (Article 11.6)

Most-Favoured-Nation Treatment (Article 11.7)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

General Law on Sustainable Fishing and Aquaculture (Ley General de Pesca y Acuacultura Sustentables), Title Six, Chapter IV; and Title Seven, Chapter II.

  

Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter I; Title II, Chapter IV; and Title Three, Chapter II.

Ports Law (Ley de Puertos), Chapters I, IV and VI.

Regulation to the Fishing Law (Reglamento de la Ley de Pesca), Title Two, Chapter I; and Chapter II, Sixth Section.

Description:
   Cross-Border Trade in Services

A permit issued by the SAGARPA through the National Commission of Aquaculture and Fishing (Comisión Nacional de Acuacultura y Pesca); or by the SCT, within the scope of their competence, is required to engage in fishing activities.

A permit issued by the SAGARPA is required to carry out certain activities, such as fishing jobs needed to justify applications for a concession, and the installation of fixed fishing gear in federal waters. That permit shall be given preferentially to residents of local communities. In equal circumstances, applications of indigenous communities shall be preferred.

  

An authorisation issued by the SCT is required for foreign-flagged vessels to provide dredging services.

A permit issued by the SCT is required to provide port services related to fishing such as loading operations and supply to vessels, maintenance of communication equipment, electricity works, garbage or waste collection and sewage disposal. Only Mexican nationals and Mexican enterprises may obtain that permit.

  

I-MX-19

Sector:
   Fishing

Sub-Sector:
   Fishing

Industry Classification:
   CMAP 130011 Fishing on the High Seas

CMAP 130012 Coastal Fishing

CMAP 130013 Fresh Water Fishing

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   General Law on Sustainable Fishing and Aquaculture (Ley General de Pesca y Acuacultura Sustentables), Title VI, Chapter IV; Title VII, Chapter I; Title XIII, Unique Chapter; and Title XIV, Chapters I, II and III.

Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title II, Chapter I.

Federal Law of the Sea (Ley Federal del Mar), Title I, Chapters I and III.

  

National Waters Law (Ley de Aguas Nacionales), Title I and Title IV, Chapter I.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Regulation to the Fishing Law (Reglamento de la Ley de Pesca), Title I, Chapter I; Title II, Chapters I, III to VI; and Title III, Chapters III and IV.

Description:
   Investment Liberalisation

Investors of the European Union or their enterprises may only own up to 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico performing coastal fishing, fresh water fishing and fishing in the exclusive economic zone, excluding aquaculture.

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico performing fishing on the high seas.

I-MX-20

Sector:
   Educational Services

Sub-Sector:
   Private schools

Industry Classification:
   CMAP 921101 Private Pre-school Educational Services

CMAP 921102 Private Primary Educational Services

CMAP 921103 Private Secondary Educational Services

CMAP 921104 Private High School Educational Services

CMAP 921105 Private Higher Education Services

CMAP 921106 Private Education Services that Combine Pre- school, Primary, Secondary, High School and Higher Education Levels

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Law for the Coordination of Higher Education (Ley para la Coordinación de la Educación Superior), Chapter II.

General Law of Education (Ley General de Educación), Chapter III.

Description:
   Investment Liberalisation

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that provides pre-school, primary, secondary, high school, higher or combined private educational services.

  

I-MX-21

Sector:
   Professional, Technical and Specialised Services

Sub-Sector:
   Medical services

Industry Classification:
   CMAP 9231 Medical, Dental and Veterinary Services provided by the Private Sector (limited to medical services)

Obligations Concerned:
   National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Federal Labour Law (Ley Federal del Trabajo), Chapter I.

Description:
   Cross-Border Trade in Services

Only Mexican nationals licensed as doctors in the territory of Mexico may supply in-house medical services in Mexican enterprises.

  

I-MX-22

Sector:
   Professional, Technical and Specialised Services

Sub-Sector:
   Specialised personnel

Industry Classification:
   CMAP 951012 Services of Customs and Representative Agencies

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Level of Government:
   Central

Measures:
   Customs Law (Ley Aduanera), Title II, Chapters I and III, and Title VII, Chapter I.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Only a Mexican national by birth may be a customs broker.

  

Only customs brokers acting as consignees or legal representatives (mandatarios) of an importer or exporter, as well as customs brokers' assignees, may carry out the formalities related to the customs clearance of the goods of that importer or exporter.

Investors of the European Union or their enterprises may not participate, directly or indirectly, in a customs broker’s agency.

  

I-MX-23

Sector:
   Professional, Technical and Specialised Services

Sub-Sector:
   Specialised services (Commercial Notary Public)

Industry Classification:
   

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Commercial Notary Public Federal Law (Ley Federal de Correduría Pública), Articles 7, 8, 12 and 15.

Regulation to the Commercial Notary Public Federal Law (Reglamento de la Ley Federal de Correduría Pública), Chapter I and Chapter II, Sections I and II.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Only a Mexican national by birth may be licensed to be a commercial notary public (corredor público).

A commercial notary public may not have a business affiliation with any person for the supply of commercial notary public services.

Commercial notaries public shall establish an office in the place where they have been authorised to practise.

Only Mexican nationals and Mexican enterprises with foreigners exclusion clause may obtain that licence.

  

I-MX-24

Sector:
   Professional, Technical and Specialised Services

Sub-Sector:
   Professional services

Industry Classification:
   CMAP 951002 Legal Services (including foreign legal consultancy)

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Most-Favoured Nation Treatment (Articles 10.8 and 11.7)

Level of Government:
   Central

Measures:
   Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in the Federal District (Ley Reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III, Section III; and Chapter V.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that provides legal services.

In the absence of an international treaty on the matter, the professional practice by foreign nationals shall be subject to reciprocity in the place of residence of the applicant and to compliance with the rest of the requirements established in Mexican law.

Except as provided for in this entry, only lawyers licensed in Mexico may have an ownership interest in a law firm established in the territory of Mexico.

Lawyers licensed to practise in the European Union shall be permitted to form a partnership with lawyers licensed in Mexico.

  

The number of lawyers licensed to practise in the European Union serving as partners in a law firm in Mexico may not exceed the number of lawyers licensed in Mexico serving as partners of that law firm. Lawyers licensed to practise in the European Union may practise and provide legal consultations on Mexican law, whenever they comply with the requirements to practise as a lawyer in Mexico.

A law firm established by a partnership of lawyers licensed to practise in the European Union and lawyers licensed to practise in Mexico may hire lawyers licensed in Mexico as employees.

For greater certainty, this entry does not apply to the supply, on a temporary fly-in or fly-out basis, or through the use of online-based or telecommunications technology, of legal advisory services in foreign law and international law and, in relation to foreign and international law only, legal arbitration and conciliation or mediation services by foreign lawyers.

  

I-MX-25

Sector:
   Professional, Technical and Specialised Services

Sub-Sector:
   Professional services

Industry Classification:
   CMAP 9510 Provision of Professional, Technical and Specialised Services (limited to professional services)

Obligations Concerned:
   National Treatment (Article 11.6)

Most-Favoured-Nation Treatment (Article 11.7)

Level of Government:
   Central

Measures:
   Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in Mexico City (Ley reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en la Ciudad de México), Chapter III, Section III, and Chapter V.

  

Regulations to the Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in the Federal District (Reglamento de la Ley Reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III.

Population General Law (Ley General de Población), Chapter III.

Description:
   Cross-Border Trade in Services

Pursuant to the relevant international treaties of which Mexico is a party; foreign nationals may practice in Mexico City the professions set forth in the Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in Mexico City.

In the absence of an international treaty on the matter, the professional practice by foreign nationals shall be subject to reciprocity in the place of residence of the applicant and to compliance with the rest of the requirements established in Mexican law.

  

I-MX-26

Sector:
   Religious Services

Sub-Sector:
   

Industry Classification:
   CMAP 929001 Services of Religious Organisations

Obligations Concerned:
   Senior Management and Board of Directors (Article 10.10)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Religious Associations and Public Worship Law (Ley de Asociaciones Religiosas y Culto Público), Title II, Chapters I and II.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Representatives of religious associations in Mexico shall be Mexican nationals.

  

Religious associations shall be associations constituted in accordance with the Religious Associations and Public Worship Law.

Religious associations shall register before the Ministry of Internal Affairs (Secretaría de Gobernación, SEGOB). To be registered, the religious associations shall be established in Mexico.

  

I-MX-27

Sector:
   Agriculture Services

Sub-Sector:
   

Industry Classification:
   CMAP 971010 Provision of Agricultural Services

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

Plant Health Federal Law (Ley Federal de Sanidad Vegetal), Title II, Chapter IV.

Regulation to the Phytosanitary Law of the United Mexican States (Reglamento de la Ley de Sanidad Fitopecuaria de los Estados Unidos Mexicanos), Chapter VII.

Description:
   Cross-Border Trade in Services

A concession granted by the SAGARPA is required to spray pesticides.

Only Mexican nationals and Mexican enterprises may obtain that concession.

  

I-MX-28

Sector:
   Transportation

Sub-Sector:
   Air Transportation

Industry Classification:
   CMAP 384205 Manufacture, Assembly and Repair of Aircraft (limited to repair of aircrafts)

Obligations Concerned:
   Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Civil Aviation Law (Ley de Aviación Civil), Chapter III, Section II.

Civil Aviation Regulation (Reglamento de la Ley de Aviación Civil), Chapter VII.

Description:
   Cross-Border Trade in Services

A permit issued by the SCT is required to establish and operate, or operate and exploit, an aircraft repair facility and centres for teaching and training of personnel.

To obtain that permission the interested party shall prove that the aircraft repair facilities and centres for teaching and training of personnel have their domicile in Mexico.

  

I-MX-29

Sector:
   Transportation

Sub-Sector:
   Air transportation
[5](#footnote5)

Industry Classification:
   CMAP 973302 Airport and Heliport Management Services

Obligations Concerned:
   National Treatment (Article 10.7)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

  

Civil Aviation Law (Ley de Aviación Civil), Chapters I and IV.

Airports Law (Ley de Aeropuertos), Chapter III.

Regulations to the Airports Law (Reglamento de la Ley de Aeropuertos), Title II, Chapters I, II and III.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

A concession granted by the SCT is required to construct and operate, or operate, airports and heliports. Only Mexican enterprises may obtain that concession.

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico that is a concessionaire or permissionaire of airfields for public service.

When deciding, the CNIE shall favour the national and technological development and protect the sovereign integrity of the Nation.

  

I-MX-30

Sector:
   Transportation

Sub-Sector:
   Air transportation
[6](#footnote6)

Industry Classification:
   CMAP 713001 Scheduled Air Transport Services on Domestically Registered Aircraft

CMAP 713002 Non-Scheduled Air Transport (Air Taxis)

Specialty Air Services

Obligations Concerned:
   National Treatment (Article 10.7)

Senior Management and Board of Directors (Article 10.10)

Level of Government:
   Central

Measures:
   Civil Aviation Law (Ley de Aviación Civil), Chapters IX and X.

Regulation to the Civil Aviation Law (Reglamento de la Ley de Aviación Civil), Title II, Chapter I.

  

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

As qualified by the Description element.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Investors of the European Union or their enterprises may only own up to 49 % of the voting interests in an enterprise established or to be established in the territory of Mexico that supplies a scheduled and non-scheduled domestic air transport service, a non-scheduled international air transport service in the modality of air taxi, or a specialty air service. The chairman and at least two thirds of the board of directors and two thirds of the managing officers of that enterprise shall be Mexican nationals.

Only Mexican nationals and Mexican enterprises in which 51 % of the voting interest is owned or controlled by Mexican nationals and of which the chairman and at least two thirds of the managing officers are Mexican nationals, may register an aircraft in Mexico.

  

I-MX-31

Sector:
   Transportation

Sub-Sector:
   Specialty Air Services
[7](#footnote7)

Industry Classification:
   

Obligations Concerned:
   Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   General Means of Communications Law (Ley de Vías Generales de Comunicación), Book I, Chapter III.

Civil Aviation Law (Ley de Aviación Civil), Chapters I, II, IV and IX.

As qualified by the Description element.

Description:
   Cross-Border Trade in Services

A permit issued by the SCT is required to provide all specialty air services in the territory of Mexico. That permit may only be granted when the person interested in the supply of these services has a domicile in the territory of Mexico.

  

I-MX-32

Sector:
   Transportation

Sub-Sector:
   Water Transportation

Industry Classification:
   CMAP 973203 Maritime Port Administration, Lake and Rivers

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Ports Law (Ley de Puertos), Chapters IV and V.

Regulation to the Ports Law (Reglamento de la Ley de Puertos) Title I, Chapters I and VI.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Description:
   Investment Liberalisation

Investors of the European Union or their enterprises may only own up to 49 % of the ownership interest of a Mexican enterprise authorised to act as an integral port administrator.

  

I-MX-33

Sector:
   Transportation

Sub-Sector:
   Water transportation

Industry Classification:
   CMAP 384201 Manufacture and Repair of Vessels

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III.

Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II.

Ports Law (Ley de Puertos), Chapter IV.

Description:
   Cross-Border Trade in Services

A concession granted by the SCT is required to establish and operate, or operate, a shipyard. Only Mexican nationals and Mexican enterprises may obtain that concession.

  

I-MX-34

Sector:
   Transportation

Sub-Sector:
   Water transportation

Industry Classification:
   CMAP 973201 Water Transport Loading and Unloading Services (includes operation and maintenance of docks; loading and unloading of vessels at shore-side; marine cargo handling; operation and maintenance of piers; ship and boat cleaning; stevedoring; transfer of cargo between ships and trucks, trains, pipelines and wharves; and waterfront terminal operations)

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

  

Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II; and Title II, Chapters IV and V.

Ports Law (Ley de Puertos), Chapters II, IV and VI.

General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III.

Regulation to the Use and Enjoyment of the Territorial Sea, Water Ways, Beaches, Relevant Federal Coastal Zone and Lands Gained to the Sea (Reglamento para el Uso y Aprovechamiento del Mar Territorial, Vías Navegables, Playas, Zona Federal Marítimo Terrestre y Terrenos Ganados al Mar), Chapter II, Section II.

As qualified by the Description element.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to own more than 49 % of the ownership interest in an enterprise, established or to be established in the territory of Mexico providing port services to vessels for inland navigation such as towing, mooring and tendering.

  

A concession granted by the SCT is required to construct and operate, or operate, maritime and inland port terminals, including docks, cranes and related facilities. Only Mexican nationals and Mexican enterprises may obtain that concession.

A permit issued by the SCT is required to provide stevedoring and warehousing services. Only Mexican nationals and Mexican enterprises may obtain that permit.

  

I-MX-35

Sector:
   Transportation

Sub-Sector:
   Water Transportation

Industry Classification:
   CMAP 973203 Maritime and Inland (Lake and Rivers Ports Administration)

Obligations Concerned:
   National Treatment (Article 10.7)

Level of Government:
   Central

Measures:
   Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter III.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Ports Law (Ley de Puertos), Chapters IV and VI.

Description:
   Investment Liberalisation

Investors of the European Union or their enterprises may only participate up to 49 % in Mexican enterprises engaged in the supply of piloting port services to vessels operating in inland navigation.

  

I-MX-36

Sector:
   Transportation

Sub-Sector:
   Water transportation
[8](#footnote8)

Industry Classification:
   CMAP 712011 International Maritime Transportation Services

CMAP 712012 Cabotage Maritime Services

CMAP 712013 International and Cabotage Towing Services

CMAP 712021 River and Lake Transportation Services

CMAP 712022 Internal Port Water Transportation Services

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Most-Favoured Nation Treatment (Articles 10.8 and 11.7)

Level of Government:
   Central

Measures:
   Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter I.

Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Federal Law on Economic Competition (Ley Federal de Competencia Económica), Chapter IV.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

The operation or exploitation of high-seas navigation vessels, including transport and international towing services is open to ship owners and vessels of all countries, on the basis of reciprocity in accordance with international treaties.

The operation and exploitation of cabotage and inland navigation is reserved for Mexican ship owners with Mexican vessels. If Mexican vessels are not appropriate and available with the same technical conditions, or if it is required in the public interest, the SCT may provide temporary navigation permits to operate and exploit to Mexican ship-owners with a foreign vessel in accordance with the following priorities:

(a)
   Mexican ship-owner with a foreign vessel under a bareboat charter party; and

(b)
   Mexican ship-owner with a foreign vessel under any type of charter party.

The operation and exploitation in inland navigation and cabotage of tourist cruises as well as dredges and maritime devices for the construction, preservation and operation of ports may be carried out by Mexican or foreign shipping enterprises using Mexican or foreign vessels or maritime devices, on the basis of reciprocity with the European Union or its Member States, endeavouring to give priority to Mexican enterprises and complying with applicable law.

  

With the prior opinion of the National Antitrust Commission (Comisión Nacional Antimonopolio), the SCT may resolve that, certain cabotage navigation may only be totally or partially carried by Mexican shipping enterprises with Mexican vessels, or vessels reputed to be Mexican, in the absence of conditions of effective competition on the relevant market as per the terms of the Federal Law on Economic Competition (Ley Federal de Competencia Económica).

Investors of the European Union or their enterprises may only own up to 49 % of the ownership interest in a Mexican shipping enterprise or Mexican vessels, established or to be established in the territory of Mexico, which is engaged in the commercial exploitation of vessels for inland and cabotage navigation, excluding tourism cruises and exploitation of dredges and maritime devices for the construction, preservation and operation of ports.

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to own more than 49 % of the ownership interest in an enterprise established or to be established in the territory of Mexico engaged in high-seas navigation services and port towing services.

  

I-MX-37

Sector:
   Transportation

Sub-Sector:
   Non-energy pipelines

Industry Classification:
   

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III.

National Waters Law (Ley de Aguas Nacionales), Title I, Chapter II, and Title IV, Chapter II.

Description:
   Cross-Border Trade in Services

A concession granted by the SCT is required to construct and operate, or operate, pipelines carrying goods other than energy or basic petrochemicals.

Only Mexican nationals and Mexican enterprises may obtain that concession.

I-MX-38

Sector:
   Transportation

Sub-Sector:
   Railway Transportation Services

Industry Classification:
   CMAP 711101 Railway Transport Services

Obligations Concerned:
   National Treatment (Article 10.7 and Article 11.6)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III.

Regulatory Law of the Railway Service (Ley Reglamentaria del Servicio Ferroviario) Chapters I and II, Section III.

Regulation to the Railway Service (Reglamento del Servicio Ferroviario), Title I, Chapters I, II and III; Title II, Chapters I and IV; and Title III, Chapter I, Sections I and II.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

A favourable resolution from the CNIE is required for investors of the European Union or their enterprises to participate in more than 49 % of the ownership interest of an enterprise established or to be established in the territory of Mexico engaged in the construction, operation and exploitation of railroads deemed general means of communication, or in the supply of railway transportation public service.

When deciding, the CNIE shall consider that the national and technological development be favoured, and that the sovereign integrity of the Nation be protected.

A concession granted by the SCT is required to construct, operate and exploit railway transportation services and to provide railway transportation public service. Only Mexican enterprises may obtain that concession.

A permit issued by SCT is required to provide auxiliary services; the construction of entry and exit facilities, crossings and marginal facilities in the right of way; the installation of advertisements and publicity signs in the right of way; and the construction and operation of bridges over railway lines. Only Mexican nationals and Mexican enterprises may obtain that permit.

  

I-MX-39

Sector:
   Transportation

Sub-Sector:
   Land transportation

Industry Classification:
   CMAP 973101 Management Services of Passenger Bus Terminals and Auxiliary Services (limited to main bus and truck terminals and bus and truck stations)

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Most-Favoured Nation Treatment (Article 11.7)

Level of Government:
   Central

Measures:
   Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.

  

Regulations to the Enjoyment of the Right of Way of the Federal Roads and Surrounding Zones (Reglamento para el Aprovechamiento del Derecho de Vía de las Carreteras Federales y Zonas Aledañas), Chapters II and IV.

Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I.

Description:
   Cross-Border Trade in Services

A permit issued by the SCT is required to establish, or operate, a bus or truck station or terminal. Only Mexican nationals and Mexican enterprises may obtain that permit.

To obtain that permit the interested party shall prove that they have their domicile in Mexico.

  

I-MX-40

Sector:
   Transportation

Sub-Sector:
   Land transportation

Industry Classification:
   CMAP 973102 Management Services of Roads, Bridges and Auxiliary Services

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.

  

Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapters I and V.

Description:
   Cross-Border Trade in Services

A permit granted by the SCT is required to provide auxiliary services to federal road transportation. Only Mexican nationals and Mexican enterprises may obtain that permit.

For greater certainty, auxiliary services are not part of federal road transportation of passengers, tourism or cargo, but they complement their operation and exploitation.

  

I-MX-41

Sector:
   Transportation

Sub-Sector:
   Land transportation

Industry Classification:
   CMAP 711201 Construction Materials Transport Services

CMAP 711202 Moving Services

CMAP 711203 Other Specialised Freight Transport Services

CMAP 711204 General Freight Transport Services

CMAP 711311 Long-Distance Passenger Bus and Coach Transport Services

CMAP 711318 School and Tourist Transport Services (limited to tourist transport services)

CMAP 720002 Courier services

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Local Presence (Article 11.5)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II.

Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapters I and III.

Regulation to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I.

As qualified by the Description element.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Investors of the European Union or their enteprises may not acquire an ownership interest in an enterprise with a foreigner exclusion clause established or to be established in the territory of Mexico, engaged in road transportation services of domestic cargo between points in the territory of Mexico, except for parcel and courier services.

A permit issued by the SCT is required to supply road transportation services of cargo, passengers or tourism.

An investor of the European Union or its enterprise may own up to 100 % of the ownership interest in an enterprise established or to be established in the territory of Mexico to supply an inter-city bus service, a tourist transportation service or a road transportation service of international cargo between points in the territory of Mexico.

  

Only Mexican nationals and Mexican enterprises with a foreigners exclusion clause, using Mexican registered equipment that is Mexican-built or legally imported into Mexico, and drivers who are Mexican nationals, may supply road transportation services of domestic cargo between points in the territory of Mexico.

A permit issued by the SCT is required to supply parcel and courier services. Only Mexican nationals and Mexican enterprises may provide those services.

  

I-MX-42

Sector:
   Transportation

Sub-Sector:
   Railway transportation services

Industry Classification:
   CMAP 711101 Transport Services Via Railway (limited to railway crew)

Obligations Concerned:
   National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Federal Labour Law (Ley Federal del Trabajo), Title VI, Chapter V

Description:
   Cross-Border Trade in Services

Railway crew members must be Mexican nationals.

  

I-MX-43

Sector:
   Transportation

Sub-Sector:
   Land transportation

Industry Classification:
   CMAP 711312 Urban and Suburban Passenger Bus and Coach Transport Services

CMAP 711315 Motor Vehicle Taxi Transport Services

CMAP 711316 Motor Vehicle Fixed Route Transport Services

CMAP 711317 Transport Services in Motor Vehicles from Taxi-Ranks

CMAP 711318 School and Tourist Transport Services (limited to school transport services)

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Level of Government:
   Central

Measures:
   Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II.

General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I and II.

Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.

Regulation to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Only Mexican nationals and Mexican enterprises with a foreigners exclusion clause may supply local urban and suburban passenger bus services, school bus services, and taxi and other collective transportation services.

I-MX-44

Sector:
   Communications

Sub-Sector:
   Entertainment services (Cinema)
[9](#footnote9)

Industry Classification:
   CMAP 941103 Private Exhibition of Films

Obligations Concerned:
   Most-Favoured Nation Treatment (Articles 10.8 and 11.7)

National Treatment (Article 11.6)

Level of Government:
   Central

Measures:
   Federal Cinematography Law (Ley Federal de Cinematografía), Chapter III.

Regulation to the Federal Cinematography Law (Reglamento de la Ley Federal de Cinematografía), Chapter V.

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Exhibitors shall reserve 10 % of the total screen time to the projection of national films.

  

Appendix I-B-2

RESERVATIONS FOR EXISTING MEASURES

LIST OF MEXICO

Reservations Applicable at Sub-central Level

Intentionally left blank

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX II

FUTURE MEASURES

EXPLANATORY NOTES

1.
   The List of a Party to this Annex sets out, pursuant to Articles 10.12 (Non-Conforming Measures and Exceptions) and 11.8 (Non-Conforming Measures and Exceptions), the specific sectors, subsectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform to the obligations set out in the following provisions:

(a)
   10.7 (National Treatment), 11.6 (National Treatment);

(b)
   10.8 (Most-Favoured-Nation Treatment), 11.7 (Most-Favoured-Nation Treatment);

(c)
   10.9 (Performance Requirements);

(d)
   10.10 (Senior Management and Board of Directors); or

(e)
   11.5 (Local Presence).

  

2.
   For the purposes of this Annex:

(a)
   "CMAP" means Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos) numbers as set out in the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía) in the Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos), 1994;

(b)
   "CPC" means Central Product Classification numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and

(c)
   "ISIC " means the International Standard Industrial Classification of all Economic Activities numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC REV 3.1, 2002.

3.
   The List of a Party is without prejudice to the rights and obligations of the Parties under GATS.

4.
   Each entry in the List sets out the following elements:

(a)
   "sector" refers to the general sector in which the entry is made;

  

(b)
   "subsector" refers to the specific sector in which the entry is made;

(c)
   "industry classification" refers to, if applicable, the activity covered by the non-conforming measure according to CMAP, CPC or ISIC;

(d)
   "obligations concerned" specifies the obligations referred to in paragraph 1 that, pursuant to Articles 10.12 (Non-Conforming Measures and Exceptions) and 11.8 (Non-Conforming Measures and Exceptions), do not apply to the sectors, subsectors or activities listed in the entry;

(e)
   "description" sets out the scope of the sector, subsector or activities covered by the reservation; and

(f)
   "existing measures", if specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sector, subsector or activities covered by the reservation.

5.
   "Level of Government" in the List of Mexico indicates the level of government maintaining the specified measures.

6.
   In the interpretation of an entry, all elements of that entry shall be considered. The "description" element shall prevail over all other elements.

  

7.
   A reservation maintained at the level of the European Union applies to a measure of the European Union and of a Member State at the national level as well as to a measure of a government within a Member State, unless the reservation excludes a Member State.

8.
   A reservation maintained at the national level of Mexico or of a Member State applies to a measure of a government at the central, regional or local level within that country.

9.
   If a Party maintains a measure that requires a service supplier to be a natural person, citizen, permanent resident, or resident of its territory or to be domiciled in it as a condition to the provision of a service in its territory, a reservation for that measure taken with respect to an obligation referred to in paragraph 1 in relation to Chapter 11 (Cross-Border Trade in Services) shall operate as a reservation with respect to an obligation referred to in paragraph 1 in relation to Chapter 10 (Investment Liberalisation), to the extent of that measure.

10.
   The List of a Party does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures that do not constitute a national treatment limitation within the meaning of Articles 10.7 (National Treatment) or 11.6 (National Treatment), or a market access limitation within the meaning of Articles 10.6 (Market Access) or 11.4 (Market Access). Those measures, such as the requirement to obtain a licence, universal service obligations, the requirement to have recognised qualifications in regulated sectors, the requirement to pass specific examinations which may include language examinations, and any non-discriminatory requirements that certain activities shall not be carried out in protected zones or areas, even if not listed, apply in any case.

  

11.
   The following abbreviations are used in the List of the European Union:

AT
   Austria

BE
   Belgium
[10](#footnote10)

BG
   Bulgaria

CY
   Cyprus

CZ
   Czechia

DE
   Germany

DK
   Denmark

EE
   Estonia

EEA
   European Economic Area

EL
   Greece

  

ES
   Spain

EU
   European Union, including all its Member States

FI
   Finland
[11](#footnote11)

FR
   France

HR
   Croatia

HU
   Hungary

IE
   Ireland

IT
   Italy

LT
   Lithuania

LU
   Luxembourg

LV
   Latvia

MT
   Malta

  

NL
   Netherlands

OECD
   Organisation for Economic Cooperation and Development

PL
   Poland

PT
   Portugal

RO
   Romania

SE
   Sweden

SI
   Slovenia

SK
   Slovakia

  

12.
   For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural persons or enterprises of Mexico the treatment granted in a Member State to natural persons or enterprises of another Member State pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"), or to any measure adopted pursuant to the TFEU, including their implementation in the Member States. Pursuant to the TFEU, that treatment is granted only to enterprises constituted or organised in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union, including those enterprises established within the European Union which are owned or controlled by natural persons or enterprises of Mexico.

13.
   For greater certainty, for the purposes of the List of Mexico, the terms "Nation" and "State" mean Mexico.

  

Appendix II-A

RESERVATIONS FOR FUTURE MEASURES

LIST OF THE EU

List of reservations:

II-EU-1 – All sectors

II-EU-2 – Professional Services (all professions except health-related)

II-EU-3 – Professional Services – Health-related and Retail of Pharmaceuticals

II-EU-4 – Business Services – Research and Development Services

II-EU-5 – Business Services – Real Estate Services

II-EU-6 – Business Services – Rental or Leasing Services

II-EU-7 – Business Services – Collection Agency Services, Credit Reporting Services

II-EU-8 – Business Services – Placement services

II-EU-9 – Business Services – Security and Investigation Services

II-EU-10 – Business Services – Other Business Services

II-EU-11 – Telecommunication Services

II-EU-12 – Construction

II-EU-13 – Distribution Services

II-EU-14 – Education Services

II-EU-15 – Health and Social Services

II-EU-16 – Tourism and Travel Related Services

II-EU-17 – Recreational, Cultural and Sporting Services

II-EU-18 – Transport Services and Auxiliary Transport Services

II-EU-19 – Agriculture, Fishing and Water

II-EU-20 – Energy Related Activities

II-EU-21 – Other Services Not Included Elsewhere

  

II-EU-1 – All sectors

Sector – Sub-sector:
   All sectors

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment 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)
   Commercial presence

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In FI: Restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without obtaining permission from the competent authorities of the Åland Islands. Restrictions on the right of establishment and right to carry out economic activities by natural persons, who do not enjoy regional citizenship in Åland, or by any enterprise, without obtaining permission from the competent authorities of the Åland Islands.

Existing measures:

FI: Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), s. 2; and Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), s. 11.

  

With respect to Investment Liberalisation – National Treatment, Performance Requirements, Senior Management and Board of Directors:

In FR: Types of establishment – pursuant to Articles L151-1 and R153-1 of the financial and monetary code, foreign investments in FR in sectors listed in Article R153-2 of the financial and monetary code are subject to prior approval from the Minister for the Economy.

Existing measures:

FR: Financial and monetary code, Articles L151-1, R153-1.

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

In FR: Types of establishment - limiting foreign participation in newly privatised companies to a variable amount, determined by the government of FR on a case by case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not a holder of a permanent residence permit.

  

With respect only to Investment Liberalisation – National Treatment:

In BG: Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act.

In commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 %, any transactions for disposition of fixed assets of the corporation, to conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing of receivables, as well as incurring any obligations arising under bills of exchange, are subject to authorisation or permission by the Privatisation Agency or other state or regional bodies, whichever is the competent authority. This reservation does not apply to mining and quarrying, which are subject to Reservation I-A-16 (Energy-Related Activities) in Appendix I-A.

In IT: The Government may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This relates to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to privatised companies.

  

If there is a threat of serious injury to the essential interests of defence and national security, the Government has the following special powers:

(a)
   to impose specific conditions in the purchase of shares;

(b)
   to veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up and changes of activity; or

(c)
   to reject the acquisition of shares, where the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security.

Any resolution, act or transaction (such as transfers, mergers, splitting up, change of activity or termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any natural or juridical person outside the EU that give this person control over the company shall be notified.

The Prime Minister may exercise the following special powers:

(a)
   to veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and supplies;

  

(b)
   to impose specific conditions in order to guarantee the public interest; or

(c)
   to reject an acquisition in exceptional cases of risk to the essential interests of the State.

The criteria on which to evaluate the real or exceptional threat and conditions and procedures for the exercise of the special powers are laid down in the law.

Existing measures:

IT: Law 56/2012 on special powers in companies operating in the field of defence and national security, energy, transport and communications; Decree of the Prime Minister DPCM 253 of 30.11.2012 defining the activities of strategic importance in the field of defence and national security.

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Senior Management and Board of Directors:

In LT: Enterprises of strategic importance to national security with respect to ownership (proportion of capital which may be held by private national or foreign persons conforming to national security interests, with respect to investment into enterprise, sectors and facilities of strategic importance to national security, and procedure and criteria for determination of conformity of potential national investors and potential enterprise participants etc.).

  

Existing measures:

LT: Law on Enterprises and Facilities of Strategic Importance for National Security and Other Enterprises of Importance to Ensuring National Security of the Republic of Lithuania of 10 October 2002 No. IX-1132 (As last amended on 12 of January 2018 by Law No XIII‑992).

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

In SE: Discriminatory requirements for founders, senior management and boards of directors when new forms of legal association are incorporated into Swedish law.

(b)
   Acquisition of real estate

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

In HU: The acquisition of state-owned properties.

With respect to Investment Liberalisation –National Treatment:

In HU: The acquisition of arable land by foreign legal persons and non-resident natural persons, including with regard to the authorisation process for the acquisition of arable land.

  

Existing measures:

HU: Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter II (Paragraph 6-36) and Chapter IV (Paragraph 38-59));

Act CCXII of 2013 on the transitional measures and certain provisions related to Act CXXII of 2013 on the circulation of agricultural and forestry land (Chapter IV (Paragraph 8-20)).

In LV: The acquisition of rural land by nationals of Mexico or of a third country, including with regard to the authorisation process for the acquisition of rural land.

Existing measures:

LV: Law on land privatisation in rural areas, ss. 28, 29, 30.

In SK: Foreign companies or natural persons shall not acquire agricultural and forest land outside the border of the built-up area of a municipality and some other land, such as natural resources, lakes, rivers and public roads.

Existing measures:

SK: Act No. 44/1988 on protection and exploitation of natural resources;

Act No. 229/1991 on regulation of the ownership of land and other agricultural property;

  

Act No. 460/1992 Constitution of the Slovak Republic;

Act No. 180/1995 on some measures for land ownership arrangements;

Act No. 202/1995 on Foreign Exchange;

Act No. 503/2003 on restitution of ownership to land;

Act No. 326/2005 on Forests; and

Act No. 140/2014 on the acquisition of ownership of agricultural land.

With respect to Investment Liberalisation – National Treatment:

In BG: Foreign natural and foreign juridical persons (including through a branch) shall not acquire ownership of land in BG. Juridical persons of BG with foreign participation shall not acquire ownership of agricultural land. Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights (right to use, right to build, right to raise a superstructure and servitudes) of real estate. Foreign citizens with permanent residence abroad, foreign juridical persons and companies in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission.

Existing measures:

BG: Constitution of the Republic of Bulgaria, Article 22;

Law on Ownership and Use of Agricultural Land, Article 3; and

Law on Forests, Article 10.

In EE: Natural or legal persons from outside the European Economic Area (hereinafter referred to as "EEA") or the OECD may acquire immovable property which contains agricultural or forest land only with the authorisation of the county governor and from 1 January 2018 with the authorisation of the municipal council, and they shall be able to prove in a way prescribed by law that the immovable property to be acquired will, according to its intended purpose, be used efficiently, sustainably and purposefully.

Existing measures:

EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapter 2 and 3.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

  

In LT: Any measure which is consistent with the commitments taken by the EU and which are applicable in LT through the General Agreement on Trade in Services (GATS) with respect to land acquisition. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land. However, local governments (municipalities) and other national entities of Members of the OECD and North Atlantic Treaty Organization (NATO) conducting economic activities in LT, which are specified by the constitutional law in compliance with the criteria of EU and other integration which LT has embarked on, are permitted to acquire into their ownership non-agricultural land plots required for the construction and operation of buildings and facilities necessary for their direct activities.

Existing measures:

LT: Constitution of the Republic of Lithuania;

The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania of 20 June 1996, No. I-1392 as last amended 20 March 2003, No. IX-1381;

Law on land, of 27 January 2004, No. IX-1983; and

Law on acquisition of agricultural land of 24 April 2014, No. XII-854.

  

(c)
   Recognition

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In the EU: The EU directives on mutual recognition of diplomas and other professional qualification only apply to citizens of the EU. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State.

(d)
   Most-Favoured-Nation Treatment

With respect to Investment Liberalisation – Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – Most-Favoured-Nation Treatment:

In the EU: According differential treatment pursuant to any international investment treaties or other trade agreement in force or signed prior to the date of entry into force of this Agreement.

In the EU: According differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:

a)
   creates an internal market in services and investment;

  

b)
   grants the right of establishment; or

c)
   requires the approximation of legislation in one or more economic sectors.

An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured.

The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where the establishment takes place.

The approximation of legislation means:

(a)
   the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or

(b)
   the incorporation of common legislation into the law of the parties to the regional economic integration agreement.

  

That approximation of legislation shall take place, and shall be deemed to have taken place, only at the time that it has been enacted in the law of the party or parties to the regional economic integration agreement.

Existing measures:

The EU: European Economic Area (EEA) Agreement;

Stabilisation Agreements;

EU-Swiss Confederation bilateral agreements; and

Deep and Comprehensive Free Trade Agreements.

In the EU: According differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL and PT, and any of the following countries or principalities: Andorra, Monaco, San Marino and the Vatican City State.

In DK, FI and SE: Measures taken by DK, FI and aimed at promoting Nordic cooperation, such as:

(a)
   financial support to research and development (R&D) projects (the Nordic Industrial Fund);

  

(b)
   funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and

(c)
   financial assistance to companies
[12](#footnote12)
 utilising environmental technology (the Nordic Environment Finance Corporation).

This reservation is without prejudice to the exclusion of procurement by a Party or subsidies in paragraph 2 of Article 11.2 (Scope) and paragraph 2 of Article 10.5 (Scope), respectively.

In PL: Preferential conditions for establishment or the cross-border supply of services, which may include the elimination or amendment of certain restrictions embodied in the list of reservations applicable in PL, may be extended through commerce and navigation treaties.

In PT: Waiving nationality requirements for the exercise of certain activities and professions by natural persons supplying services for countries in which Portuguese is the official language (Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique and São Tomé and Principe).

  

(e)
   Arms, munitions and war material

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Senior Management and Board of Directors, and Cross-Border Trade in Services –National Treatment, Most-Favoured-Nation Treatment, Local Presence:

In the EU: Production or distribution of, or trade in, arms, munitions and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.

II-EU-2 – Professional Services (all professions except health-related)

Sector – Sub-sector:
   Professional services – legal services: services of notaries and by bailiffs, accounting and bookkeeping services; auditing services, taxation advisory services, architecture and urban planning services, engineering services, and integrated engineering services

Industry Classification:
   Part of CPC 861, part of CPC 87902, 862, 863, 8671, 8672, 8673, 8674, part of CPC 879

Obligations Concerned:
   National Treatment

Senior Management and Board of Directors

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

  

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Legal services

The EU, with the exception of SE, reserves the right to adopt or maintain any measure with respect to the supply of legal advisory and legal authorisation, documentation, and certification services supplied by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels", and with respect to services supplied by bailiffs who are appointed by an official act of government (part of CPC 861, part of 87902).

With respect to Investment 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 bilateral agreements (part of CPC 861).

  

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

With respect to Cross-Border Trade in Services – National Treatment:

In BG: An independent financial audit shall be implemented by registered auditors who are members of the Institute of the Certified Public Accountants. Subject to reciprocity, the Institute of the Certified Public Accountants shall register an audit entity of Mexico or of a third country upon the latter furnishing proof that:

(a)
   three-fourths of the members of the management bodies and the registered auditors carrying out audit on behalf of the entity meet requirements equivalent to those for Bulgarian auditors and have passed successfully the examinations for it;

(b)
   the audit entity carries out independent financial audit in accordance with the requirements for independence and objectivity; and

(c)
   the audit entity publishes on its website an annual transparency report or performs other equivalent requirements for disclosure in case it audits public-interest entities.

Existing Measures:

BG: Independent Financial Audit Act.

  

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

In CZ: Only an enterprise in which at least 60 % of capital interests or voting rights are reserved to nationals of CZ or of the Member States may be authorised to carry out audits in CZ.

Existing Measures:

CZ: Law of 14 April 2009 No. 93/2009 Coll., on Auditors.

(c)
   Architecture and urban planning services (CPC 8674)

With respect to Cross-Border Trade in Services – National Treatment:

In HR: The cross-border supply of urban planning.

II-EU-3 – Professional Services – Health-related and Retail of Pharmaceuticals

Sector – Sub-sector:
   Professional services – health related professional services and retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists

Industry Classification:
   CPC 63211, 85201, 9312, 9319, 93121

Obligations Concerned:
   National Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

  

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Medical and dental services; services provided by midwives, nurses, physiotherapists, psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319, 932)

In FI: The supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services supplied by midwives, physiotherapists and paramedical personnel, and services supplied by psychologists, excluding services supplied by nurses (CPC 9312, 93191).

In BG: The supply of all health-related professional services, including medical and dental services, services supplied by nurses, midwives, physiotherapists and paramedical personnel, and services supplied by psychologists (CPC 9312, part of 9319).

Existing Measures:

FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).

BG: Law for Medical Establishment, Professional Organisation of Medical Nurses, Midwives and Associated Medical Specialists Guild Act.

  

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In CZ and MT: The supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, psychologists, as well as other related services (CPC 9312, part of 9319).

Existing Measures:

CZ: Act No. 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and Cells Intended for Use in Man;

Act No. 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts;

Act. 123/2000 Coll., on Medical Devices; and

Act. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts (Transplantation Act).

  

With respect to Cross-Border Trade in Services – National Treatment:

The EU, with the exception of NL and SE: The supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics and psychologists, requires residency. These services may only be supplied by natural persons physically present in the territory of the EU (CPC 9312, part of 93191).

In BE: The cross-border supply of medical, dental and midwives services and services supplied by nurses, physiotherapists, psychologists and paramedical personnel.

(b)
   Veterinary Services (CPC 932)

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In BG: A veterinary medical establishment may be established by a natural or a legal person.

The practice of veterinary medicine is subject to a condition of nationality of a Member State of the EU or the European Economic Area (hereinafter referred to as "EEA"), otherwise a permanent residence permit is required for foreign nationals (physical presence is required).

  

With respect to Cross-Border Trade in Services – National Treatment:

In BE and LV: Cross-border supply of veterinary services.

(c)
   Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists (CPC 63211)

With respect to Investment Liberalisation – National Treatment, Performance Requirements, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

In FI: Retail sales of pharmaceutical products and of medical and orthopaedic goods.

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

In SE: Retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public.

With respect to Cross-Border Trade in Services – Local Presence:

The EU, with the exception of BE, BG, EE, ES, IE and LT: Mail order is only possible from Member States of the EEA, thus establishment in any of these countries is required for the retail of pharmaceuticals and specific medical goods to the general public in the EU.

  

In BE: Mail order is only authorised for pharmacies open to the public, thus establishment in BE is required for the retail of pharmaceuticals and specific goods to the general public.

In BG and EE: The mail order of pharmaceuticals is prohibited.

In IE, LT and ES: The mail order of pharmaceuticals requiring a prescription is prohibited.

Existing measures:

AT: Arzneimittelgesetz (Medication Act), BGBl. No. 185/1983 as amended, §§ 57, 59, 59a; and

Medizinproduktegesetz (Medical Products Law), BGBl. No. 657/1996 as amended, § 99.

BE: Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens; and

Arrêté royal du 10 novembre 1967 relatif à l’exercice des professions des soins de santé.

FI: Lääkelaki (Medicine Act) (395/1987).

SE: Law on trade with pharmaceuticals (2009:336);

Regulation on trade with pharmaceuticals (2009:659); and

Other regulations adopted by the Swedish Medical Products Agency (the details can be found at LVFS 2009:9).

II-EU-4 – Business Services – Research and Development Services

Sector – Sub-sector:
   Business services – research and development services

Industry Classification:
   CPC 851, 852, 853

Obligations Concerned:
   National Treatment

Chapter:
   Cross-Border Trade in Services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In RO: Cross-border supply of research and development services.

Existing Measures:

RO: Governmental Ordinance No. 6 / 2011;

Order of Minister of Education and Research No. 3548 / 2006; and

Governmental Decision No. 134 / 2011.

  

II-EU-5 – Business Services – Real Estate Services

Sector – Sub-sector:
   Business services – real estate services

Industry Classification:
   CPC 821, 822

Obligations Concerned:
   National Treatment

Chapter:
   Cross-Border Trade in Services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In CZ and HU: Cross-border supply of real estate services.

  

II-EU-6 – Business Services – Rental or Leasing Services

Sector – Sub-sector:
   Business services – rental or leasing services without operators

Industry Classification:
   CPC 832

Obligations Concerned:
   National Treatment

Chapter:
   Cross-Border Trade in Services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

In BE and FR: Cross-border supply of leasing or rental services without operator concerning personal and household goods.

  

II-EU-7 – Business Services – Collection Agency Services, Credit Reporting Services

Sector – Sub-sector:
   Business services – collection agency services, credit reporting services

Industry Classification:
   CPC 87901, 87902

Obligations Concerned:
   National Treatment

Chapter:
   Cross-Border Trade in Services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

The EU, with the exception of ES, LV and SE: Supply of collection agency services and credit reporting services.

  

II-EU-8 – Business Services – Placement services

Sector – Sub-sector:
   Business services – placement Services

Industry Classification:
   CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209

Obligations Concerned:
   National Treatment

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment 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 the exception of HU and SE: The supply of placement services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).

  

With the exception of BE, HU and SE: To require establishment and to prohibit the cross-border supply of placement services of office support personnel and other workers.

In AT, BG, CY, CZ, EE, FI, MT, PL, PT, RO, SK and SI: The establishment of placement services of office support personnel and other workers. In LV and LT: The supply of placement services of office support personnel. In DE and IT: To restrict the number of suppliers of placement services. In FR: These services can be subject to a state monopoly. In DE: The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-European Union and non-EEA personnel for specified professions (CPC 87202).

In AT, BG, CY, CZ, DE, EE, FI, LT, LV, MT, PL, PT, RO, SI and SK: The supply of supply services of office support personnel. In FR, IE, IT and NL: To require establishment and to prohibit the cross-border supply of supply services of office personnel.

In IT: To restrict the number of suppliers of supply services of office personnel. (87203)

In BG, CY, CZ, DE, EE, FI, MT, LV, LT, PL, PT, RO, SK, SI: The supply of executive search services.

In IE: To require establishment and to prohibit the cross-border supply of the supply of executive search services (87201).

  

Existing measures:

AT: §§97 and 135 of the Austrian Trade Act (Gewerbeordnung);

Federal Law Gazette Nr. 194/1994 as amended;

Temporary Employment Act (Arbeitskräfteüberlassungsgesetz/AÜG); and

Federal Law Gazette Nr. 196/1988 as amended.

BG: Law for Promotion of the Employability, Articles 26, 27, 27a and 28.

CY: Private Employment Agency Law 150(I)/2013 issued on the 6/12/2013; and

Private Employment Agency Law No. 126(I)/2012.

CZ: Act on Employment (435/2004).

DE: Sec. 38, Employment Regulation (Beschäftigungsverordnung); and

Sec. 292 Social Code No. III Employment Promotion (Drittes Buch Sozialgesetzbuch, SGB III).

  

DK: §§ 8a – 8f in law decree No. 73 of 17th of January 2014 and specified in decree No. 228 of 7th of March 2013 (employment of seafarers); and

Employment Permits Act 2006. S1(2) and (3).

EL: Law 4052/2012 (Official Government Gazette 41 Α) as amended to some of its provision by the law Νo. 4093/2012 (Official Government Gazette 222 Α).

FI: Laki julkisesta työvoima- ja yrityspalvelusta (Act on Public Employment and Enterprise Service) (916/2012).

HR: Act on Employment Mediation and Unemployment Rights (OG 80/08, 121/10, 118/12 and 153/13);

Ordinance on performance of activities related to employment (OG 8/14);

Labour Act (OG 93/14) Articles 44 to 47; and

Aliens Act (OG 130/11 and 74/12) for employment of aliens in Croatia.

IE: Employment Permits Act 2006. S1(2) and (3).

IT: Legislative Decree 276/2003 Articles 4 and 5.

  

LT: Lithuanian Labour Code, and

Law of the Republic of Lithuania on Temporal Employment Agencies of 19 of May 2011 No. XI‑1379, Last amendment 11 of April 2013 No XII-230.

LU: Loi du 18 janvier 2012 portant création de l'Agence pour le développement de l’emploi) (Law of 18 January 2012 concerning the creation of an agency for employment development – ADEM).

MT: Employment and Training Services Act, (Cap 343) (Art. 23 to 25), Employment Agencies Regulations (S.L. 343.24).

PL: Article 18 of the Act of 20 April 2004 on the promotion of employment and labour market institutions (Dz. U. of 2015, Item. 149, as amended).

PT: Decree-Law No. 260/2009 of 25 September, as amended by Law No. 5/2014 of 12 February (access and provision of services by placement agencies).

RO: Law No. 156/2000 on the protection of Romanian citizens working abroad, republished;

Government Decision No. 384/2001 for approving the methodological norms for applying the Law No. 156/2000, with subsequent amendments;

  

Ordinance of the Government No. 277/2002, as modified by Government Ordinance No. 790/2004 and Government Ordinance No. 1122/2010;

Law No. 53/2003 – Labour Code, republished, with subsequent amendments and supplement; and

Government Decision No. 1256/2011 on the operating conditions and authorisation procedure for temporary work agency.

SI: Labour market regulation act (Official Gazette of RS, No. 80/2010, 21/2013, 63/2013, 55/2017), Employment;

Self-employment and Work of Aliens Act – ZZSDT (Official Gazette of RS, No. 47/2015), ZZSDT-UPB2 (Official Gazette of RS, No. 1 /2018).

SK: Act No. 5/2004 on Employment Services and to Act No. 455/1991 on Trade Licensing.

II-EU-9 – Business Services – Security and Investigation Services

Sector – Sub-sector:
   Business services – security and investigation services

Industry Classification:
   CPC 87301, 87302, 87303, 87304, 87305, 87309

Obligations Concerned:
   National Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

  

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Security services (CPC 87302, 87303, 87304, 87305, 87309)

With respect to Investment Liberalisation – National Treatment, Performance Requirements, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

In BG, CY, CZ, EE, LT, LV, MT, PL, RO, SI and SK: The supply of security services.

In DK, HR and HU: The supply of the following subsectors: guard services (87305) in HR and HU, security consultation services (87302) in HR, airport guard services (part of 87305) in DK and armoured car services (87304) in HU.

In BE, ES, FI, FR and PT: The supply of security services by a foreign service supplier on a cross-border basis is not allowed. Nationality requirements exist for specialised personnel in PT, for private security personnel in ES, and for managing directors and directors in FR.

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment, Local Presence:

  

In FI: Licences to supply security services may be granted only to natural persons resident in the European Economic Area (hereinafter referred to as "EEA") or juridical persons established in the EEA.

In BE: EU nationality is required for boards of directors of companies supplying guard and security services (87305) as well as consultancy and training relating to security services (87302).

In BE: The senior management of companies supplying guard and security consultancy services and all agents are required to be resident nationals of a Member State.

Existing measures:

BE: Loi réglementant la sécurité privée et particulière, 2 Octobre 2017.

BG: Private Security Business Act.

CZ: Trade Licensing Act.

DK: Regulation on aviation security.

FI: Laki yksityisistä turvallisuuspalveluista 282/2002 (Private Security Services Act).

  

LT: Law on security of Persons and Assets 8 July 2004 No. IX-2327 (to be amended).

LV: Security Guard Activities Law (Sections 6, 7, 14).

PL: Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2016, item 1432 as amended).

PT: Law 34/2013 and Ordinance 273/2013.

SI: Zakon o zasebnem varovanju (Law on private security).

(b)
   Investigation services (CPC 87301)

The EU, with the exception of AT and SE: The supply of investigation services.

  

II-EU-10 – Business Services – Other Business Services

Sector – Sub-sector:
   Business services – other business services (translation and interpretation services, duplicating services, services incidental to energy distribution and services incidental to manufacturing)

Industry Classification:
   CPC 87905, 87904, 884, 887

Obligations Concerned:
   National Treatment

Senior Management and Board of Directors

Most-Favoured-Nation Treatment

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

  

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Translation and interpretation services (CPC 87905)

With respect only to Cross-Border Trade in Services – National Treatment:

In HR: Cross-border supply of translation and interpretation of official documents.

(b)
   Services incidental to energy distribution and services incidental to manufacturing (Part of CPC 884, 887 other than advisory and consulting services)

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

In HU: Services incidental to energy distribution and to the cross-border supply of services incidental to manufacturing, with the exception of advisory and consulting services relating to these sectors.

  

(c)
   Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (part of CPC 86764, CPC 86769, 8868)

With respect to Cross-Border Trade in Services – National Treatment:

In the EU, with the exception of DE, EE and HU: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of rail transport equipment from outside its territory.

In the EU, with the exception of CZ, EE, HU, LU and SK: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of internal waterways transport vessels from outside its territory.

In the EU, with the exception of EE, HU and LV: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of maritime vessels from outside its territory.

In the EU, with the exception of AT, EE, HU, LV and PL: To require establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of aircraft and parts thereof from outside its territory (Part of CPC 86764, CPC 86769, CPC 8868).

  

In the EU: Only recognised organisations authorised in the EU may carry out statutory surveys and certification of ships on behalf of Member States. Establishment may be required.

Existing measures:

The EU: Regulation (EC) No 391/2009 of the European Parliament and the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations.

(d)
   Other business services related to aviation

With respect to Investment Liberalisation Liberalisation – Most-Favoured-Nation Treatment; and Cross-border Trade in Services – Most-Favoured-Nation Treatment:

The EU: According differential treatment to a third country pursuant to existing or future bilateral agreements relating to the following services:

(i)
   the selling and marketing of air transport services;

(ii)
   computer reservation system (CRS) services;

(iii)
   maintenance and repair of aircrafts and parts; or

(iv)
   rental or leasing of aircraft without crew.

II-EU-11 – Telecommunication Services

Sector – Sub-sector:
   Telecommunication services – satellite broadcast transmission services

Industry Classification:
   
   

Obligations Concerned:
   National Treatment

Chapter:
   Investment 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.

  

II-EU-12 – Construction

Sector – Sub-sector:
   Construction – construction services

Industry Classification:
   CPC 51

Obligations Concerned:
   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 LT, or to a foreign design enterprise which has been approved by an institution authorised by the Government of LT for those activities. The right to perform technical activities in the main areas of construction may be granted to a non-Lithuanian person who has been approved by an institution authorised by the Government of LT.

II-EU-13 – Distribution Services

Sector – Sub-sector:
   Distribution services

Industry Classification:
   CPC 62117, 62251, 8929, part of 62112, 62226, 63107

Obligations Concerned:
   National Treatment

Performance Requirements

Senior Management and Board of Directors

Chapter:
   Investment 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

In BG: Cross-border wholesale distribution of pharmaceuticals (CPC 62251).

In FI: Distribution of pharmaceutical products (CPC 62117, 62251).

  

Existing measures:

BG: Law on Medicinal Products in Human Medicine.

FI: Lääkelaki (Medicine Act) (395/1987).

(b)
   Distribution of alcoholic beverages

In FI: Distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929).

Existing measures:

FI: Alkoholilaki (Alcohol Act) (1102/2017).

(c)
   Oher distribution (Part of CPC 621, CPC 62228, 62251, 62271, part of CPC 62272, 62276, 63108, part of CPC 6329)

With respect only to Cross-Border Trade in Services –National Treatment:

In BG: Wholesale distribution of chemical products, precious metals and stones, medical substances and products and objects for medical use, tobacco and tobacco products, and alcoholic beverages.

  

Bulgaria reserves the right to adopt or maintain any measure with respect to the services supplied by commodity brokers.

Existing measures:

BG: Law on Medicinal Products in Human Medicine;

Law of Veterinary Activity;

Law for Prohibition of Chemical Weapons and for Control over Toxic Chemical Substances and Their Precursors;

Law for Tobacco and Tobacco Products; and

Law on excise duties and tax warehouses and Law on wine and spirits.

II-EU-14 – Education Services

Sector – Sub-sector:
   Education services

Industry Classification:
   CPC 92

Obligations Concerned:
   National Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

The EU: All educational services which receive public funding or State support in any form, and are therefore not considered to be privately funded. Where the supply of privately funded education services by a foreign service supplier is permitted, participation of private service suppliers in the education system may be subject to concession allocated on a non-discriminatory basis.

  

The EU, with the exception of CZ, NL, SE and SK: The supply of privately funded other education services, which means other than those classified as being primary, secondary, higher or adult education services (CPC 929).

In SE: Educational service suppliers that are approved by public authorities to provide education. This reservation applies to privately funded educational service suppliers with some form of State support, such as educational service suppliers recognised by the State, educational service suppliers under State supervision or education which entitles to study support (CPC 92).

In CY, FI, MT and RO: The supply of privately funded primary, secondary and adult education services (CPC 921, 922, 924).

In AT, BG, CY, FI, MT and RO: The supply of privately funded higher education services (CPC 923).

In SK: European Economic Union ("EEA") residency is required for suppliers of all privately funded education services other than post-secondary technical and vocational education services. An economic needs test may apply and the number of schools being established may be limited by local authorities (CPC 921, 922, 923 other than 92310, 924).

  

In CZ and SK: The majority of the members of the board of directors of an establishment supplying privately funded education services shall be nationals of that country (CPC 921, 922, 923 for SK other than 92310, 924). In SI: Privately funded elementary schools may be founded by Slovenian natural or legal persons only. The service supplier shall establish a registered office or a branch. The majority of the members of the board of directors of an establishment supplying privately funded secondary or higher education services must be Slovenian nationals (CPC 922, 923).

In BG, IT and SI: To restrict the cross-border supply of privately funded primary education services (CPC 921). In BG and IT: To restrict the cross-border supply of privately funded secondary education services (CPC 922). In AT: To restrict the cross-border supply of privately funded adult education services by means of radio or television broadcasting (CPC 924).

Existing measures:

BG: Higher Education Act (Additional Provisions, para 4) and Vocational Education and Training Act (Art. 22).

FI: Perusopetuslaki (Basic Education Act) (628/1998);

Lukiolaki (General Upper Secondary Schools Act) (629/1998);

Laki ammatillisesta koulutuksesta (Vocational Training and Education Act) (630/1998);

  

Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act) (631/1998); and

Ammattikorkeakoululaki (Polytechnics Act) (351/2003), Yliopistolaki (Universities Act) (558/2009).

IT: Royal Decree 1592/1933 (Law on secondary education);

Law 243/1991 (Occasional public contribution for private universities);

Resolution 20/2003 of CNVSU (Comitato nazionale per la valutazione del sistema universitario); and Decree of the President of the Republic (DPR) 25/1998.

SK: Act 245/2008 on education;

Act 131/2002 on Universities; and

Act 596/2003 on State Administration in Education and School Self-Administration.

  

II-EU-15 – Health and Social Services

Sector – Sub-sector:
   Health and social services

Industry Classification:
   CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

  

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Health services (CPC 93, 931, other than 9312, part of 93191, 9311, 93192, 93193, 93199)

With respect to Investment Liberalisation - National Treatment, Performance Requirements, Senior Management and Board of Directors:

The EU: The supply of all health services which receive public funding or State support in any form, and are therefore not considered to be privately funded.

The EU: All privately funded health services, other than privately funded hospital, ambulance and residential health facilities services other than hospital services. The participation of private service suppliers in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread and creation of new employment.

This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics and psychologists, which are covered by other reservations (CPC 931, other than 9312, part of 93191).

  

In AT, PL and SI: The supply of privately funded ambulance services (CPC 93192).

In BG, CY, CZ, FI, MT and SK: The supply of privately-funded hospital, ambulance and residential health services other than hospital services (CPC 9311, 93192, 93193).

In BE: The supply of privately funded ambulance and residential health facilities services other than hospital services (CPC 93192, 93193).

In FI: Supply of other human health services (CPC 93199).

Existing Measures:

CZ: Act No. 372/2011 Sb. on Health Care Services and Conditions of Their Provision.

FI: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990).

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Senior Management and Board of Directors:

In DE: The supply of the Social Security System of DE, if services may be supplied by different companies or entities involving competitive elements which are thus not "Services carried out exclusively in the exercise of governmental authority". To accord better treatment in the context of a bilateral trade agreement with regard to the supply of health and social services (CPC 93).

  

With respect to Investment Liberalisation – National Treatment,

FR: The supply of privately funded laboratory analysis and testing services.

With respect to Investment Liberalisation –National Treatment:

In DE: The ownership of privately funded hospitals run by the German Forces. To nationalise other key privately funded hospitals (CPC 93110).

With respect to Cross-Border Trade in Services – National Treatment:

In FR: The supply of privately funded laboratory analysis and testing services (Part of CPC 9311).

Existing Measures:

FR: Articles L 6213-1 to 6213-6 of the Code de la Santé Publique.

(b)
   Health and social services, including pension insurance

With respect to Cross-Border Trade in Services – National Treatment:

The EU, with the exception of HU: Requiring establishment or physical presence in its territory of suppliers and restricting the cross-border supply of health services from outside their territory, the cross-border supply of social services from outside their territory, as well as activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).

In HU: The cross-border supply from outside its territory of all hospital, ambulance, and residential health services other than hospital services, which receive public funding (CPC 9311, 93192, 93193).

(c)
   Social services, including pension insurance

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors, Performance Requirements:

The EU: The supply of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded, and activities or services forming part of a public retirement plan or statutory system of social security. The participation of private operators in the privately funded social network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread and creation of new employment.

In CZ, FI, HU, MT, PL, RO, SK and SI: The supply of privately funded social services.

In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social services other than services relating to convalescent and rest houses and old people's homes.

In DE: The Social Security system of DE, where services are supplied by different companies or entities involving competitive elements and might therefore not fall under the definition of the "services carried out exclusively in the exercise of governmental authority".

  

Existing Measures:

FI: Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011).

IE: Health Act 2004 (S. 39) and Health Act 1970 (as amended –S.61A).

IT: Law 833/1978 Institution of the public health system;

Legislative Decree 502/1992 Organisation and discipline of the health field; and

Law 328/2000 Reform of social services.

  

II-EU-16 – Tourism and Travel Related Services

Sector – Sub-sector:
   Tourist guides services

Industry Classification:
   CPC 7472

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Chapter:
   Investment 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 in its territory.

  

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 Mexico allows nationals of LT to supply tourist guide services, LT shall allow nationals of Mexico to supply tourist guide services under the same conditions.

  

II-EU-17 – Recreational, Cultural and Sporting Services

Sector – Sub-sector:
   Recreational, cultural and sporting services

Industry Classification:
   CPC 962, 963, 9619, 964

Obligations Concerned:
   National Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment 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, archive, museums and other cultural services (CPC 963)

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)

The EU, with the exception of AT and SE: The cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services. In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services, including theatre, live bands, circus and discotheque services. In BG: The supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services. In EE: The supply of other entertainment services except for cinema theatre services. In LT and LV: The supply of all entertainment services other than cinema theatre operation services.

In CY, CZ, LV, PL, RO and SK: The cross-border supply of sporting and other recreational services.

  

(c)
   News agency services (CPC 962)

With respect to Investment Liberalisation – National Treatment:

In FR: Foreign participation in existing companies issuing publications in the French language may not exceed 20 % of the capital or of voting rights in the company. The establishment of press agencies of Mexico is subject to conditions set out in domestic regulation. Establishment of press agencies by foreign investors is subject to reciprocity.

Measures:

FR: Loi no. 86-897 du 1 août 1986 portant réforme du régime juridique de la presse

(d)
   Gambling and betting services (CPC 96492)

The EU, with the exception of MT: The supply of gambling services, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making organisations.

This reservation does not apply to games of skill, gambling machines that do not give prizes or that give prizes only in the form of free games, and promotional games, whose exclusive purpose is to encourage the sale of goods or services.

  

II-EU-18 – Transport Services and Auxiliary Transport Services

Sector – Sub-sector:
   Transport services

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment Liberalisation, Cross-Border Trade in Services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Maritime transport – Any other commercial activity undertaken from a ship

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment:

The EU: The nationality of the crew on a vessel.

With respect only to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment, Senior Management and Board of Directors:

The EU, except LV and MT: For the purposes of registering a vessel and operating a fleet under the national flag of the State of establishment (all commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing; international passenger and freight transportation (CPC 721); inland waterways passenger and freight transportation (CPC 7221 and 7222); services auxiliary to maritime transport).

  

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

The EU: For feeder services, and for repositioning owned or leased containers on a non-revenue basis by EU shipping enterprises, for the part of these services which does not fall under the exclusion of national maritime cabotage.

In SK: Foreign investors shall have their principal office in SK in order to apply for a licence enabling them to supply a service (CPC 722).

(b)
   Auxiliary services to maritime transport

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

The EU: The supply of pilotage and berthing services. For greater certainty, regardless of the criteria which may apply to the registration of ships in a Member State, the EU reserves the right to require that only ships registered on the national registers of Member States may supply pilotage and berthing services (CPC 7214, 7224).

The EU, with the exception of LT and LV: Only vessels flying the flag of a Member State may supply pushing and towing services (CPC 7452).

  

In LT: Only juridical persons of LT or juridical persons of a Member State with branches in LT that have a certificate issued by the Lithuanian Maritime Safety Administration may supply pilotage and berthing, pushing and towing services (CPC 7452).

With respect to Cross-Border Trade in Services – Local Presence:

In LT: Only juridical persons of LT or juridical persons of a Member State with branches in LT that have a certificate issued by the Lithuanian Maritime Safety Administration may supply pilotage and berthing, pushing and towing services (CPC 7214).

(c)
   Inland waterways transport and auxiliary services to inland waterways transport

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

The EU: Inland waterways passenger and freight transportation (CPC 722), and services auxiliary to inland waterways transportation.

For greater certainty this reservation also covers the supply of cabotage transport on inland waterways (CPC 722).

(d)
   Rail transport and auxiliary services to rail transport

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services –National Treatment:

In the EU: Railway passenger and freight transportation (CPC 711).

In LT: Maintenance and repair services of rail transport equipment are subject to a state monopoly (CPC 86764, 86769, part of 8868).

In FI: Cross-border supply of rail transport. With regard to establishment of rail passenger transport services, currently, there are exclusive rights (granted to VR-Group Ltd that was 100 % owned by the State) until 2017 in Helsinki Metropolitan Area and elsewhere until 2019 in this field, which may be renewed (CPC 7111, 7112).

Existing Measures:

FI: Rautatielaki (Railway Act) (304/2011).

(e)
   Road transport (passenger transportation, freight transportation, international truck transport services) and services auxiliary to road transport.

  

With respect to Investment Liberalisation – National Treatment, Senior Management and Boards of Directors; and Cross-Border Trade in Services – National Treatment, Local Presence:

The EU:

(i)
   To require establishment and to limit the cross-border supply of road transport services (CPC 712).

(ii)
   To limit the supply of cabotage within a Member State by foreign investors established in another Member State (CPC 712).

(iii)
   An economic needs test may apply to taxi services in the EU setting a limit on the number of service suppliers. Main criterion: local demand as provided in applicable laws (CPC 71221).

Existing Measures:

The EU: Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;

Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market; and

  

Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No. 561/2006.

With respect to Investment Liberalisation – National Treatment:

In LV: For passenger and freight transportation services, an authorisation is required, which is not extended to foreign registered vehicles. Established entities are required to use nationally registered vehicles (CPC 712).

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services –National Treatment:

In BG: For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of a Member State and to juridical persons of the EU having their headquarters in the EU. Incorporation is required. Condition of nationality of a Member State for natural persons (CPC 712).

In MT: For public bus service: The entire network is subject to a concession which includes a public service obligation agreement to cater for certain social sectors (such as students and the elderly) (CPC 712).

  

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services –National Treatment:

In FI: Authorisation is required to supply road transport services, which is not extended to foreign registered vehicles (CPC 712).

Existing Measures:

FI: Laki liikenteen palveluista (Act on Transport Services) 320/2017; and

Ajoneuvolaki (Vehicles Act) 1090/2002.

With respect to Investment Liberalisation – National Treatment:

In FR: Non-EU investors are not allowed to supply intercity bussing services (CPC 712).

(f)
   Space transport and rental of space craft

With respect to Investment Liberalisation – National Treatment, Performance Requirements, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

The EU: The transportation services via space and the rental of space craft (CPC 733, part of 734).

(g)
   Transport related MFN exemptions

With respect to Investment Liberalisation – Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – Most-Favoured-Nation Treatment:

Transport (cabotage) other than maritime transport

In FI: According differential treatment to a country pursuant to existing or future bilateral agreements exempting vessels registered under the foreign flag of a specified other country or foreign registered vehicles from the general prohibition from providing cabotage transport (including combined transport, road and rail) in FI on the basis of reciprocity (part of CPC 711, part of 712, part of 722).

Supporting services for water transport

In BG: In so far as Mexico allows service suppliers from BG to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers, BG shall allow services suppliers from Mexico to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers under the same conditions (part of CPC 741, part of 742).

  

Rental or leasing of vessels

In DE: Chartering-in of foreign ships by consumers resident in DE may be subject to a condition of reciprocity (CPC 7213, 7223, 83103).

Road and rail transport

The EU: To accord differential treatment to a country pursuant to existing or future bilateral agreements relating to international road haulage (including combined transport – road or rail) and passenger transport, concluded between the EU or the Member States and a third country (CPC 7111, 7112, 7121, 7122, 7123). That treatment may:

(a)
   reserve or limit the supply of the relevant transport services between the contracting Parties or across the territory of the contracting Parties to vehicles registered in each contracting Party
[13](#footnote13)
; or

(b)
   provide for tax exemptions for those vehicles.

  

Road transport

In BG: Measures taken under existing or future agreements which reserve or restrict the supply of these kinds of transportation services and specify the terms and conditions of this supply, including transit permits or preferential road taxes, in the territory of BG or across the borders of BG (CPC 7121, 7122, 7123).

In HR: Measures applied under existing or future agreements on international road transport and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of HR to the parties concerned (CPC 7121, 7122, 7123).

In CZ: Measures that are taken under existing or future agreements which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of a transport services into, in, across and out of CZ to the contracting parties concerned (CPC 7121, 7122, 7123).

In LT: Measures that are taken under bilateral agreements and which set the provisions for transport services and specify operating conditions, including bilateral transit and other transport permits for transport services into, through and out of the territory of LT to the contracting parties concerned, and road taxes and levies (CPC 7121, 7122, 7123).

In SK: Measures that are taken under existing or future agreements, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of a transport services into, in, across and out of SK to the contracting parties concerned (CPC 7121, 7122, 7123).

In ES: Authorisation for the establishment of a commercial presence in ES may be refused to service suppliers whose country of origin does not accord effective market access to service suppliers of ES (CPC 7123).

Existing Measures:

ES: Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres

Rail transport

In BG, CZ and SK: For existing or future agreements which regulate traffic rights and operating conditions, and the supply of transport services in the territory of BG, CZ and SK and between the countries concerned (CPC 7111, 7112).

Air transport – Services auxiliary to air transport

The EU: According differential treatment to a third country pursuant to existing or future bilateral agreements relating to ground-handling services.

  

Road and rail transport

In EE: When according differential treatment to a country pursuant to existing or future bilateral agreements on international road transport (including combined transport-road or rail) reserving or limiting the supply of a transport services into, in, across and out of EE to the contracting Parties to vehicles registered in each contracting Party, and providing for tax exemption for those vehicles (part of CPC 711, part of 712, part of 721).

All passenger and freight transport services other than maritime and air transport

In PL: In so far as Mexico allows the supply of transport services into and across the territory of Mexico by passenger and freight transport suppliers of PL, PL shall allow the supply of transport services by passenger and freight transport suppliers of Mexico into and across the territory of PL under the same conditions.

II-EU-19 – Agriculture, Fishing and Water

Sector – Sub-sector:
   Agriculture, hunting, forestry; fishing, aquaculture, services incidental to fishing; collection, purification and distribution of water

Industry Classification:
   ISIC 011, 012, 013, 014, 015, CPC 8811, 8812, 8813 other than advisory and consultancy services; ISIC 0501, 0502, CPC 882

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Performance Requirements

Senior Management and Board of Directors

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Agriculture, hunting, and forestry

With respect to Investment Liberalisation – National Treatment:

In HR: Agricultural and hunting activities. In HU: Agricultural activities (ISIC 011, 3.1 012, 3.1 013, 3.1 014, 3.1 015, CPC 8811, 8812, 8813 other than advisory and consultancy services).

Existing Measures:

HR: Law on Agricultural Land (Official Gazette no. 152/08, 25/09, 153/09, 21/10 39/11 and 63/11), Art. 2.

(b)
   Fishing, aquaculture, services incidental to fishing (ISIC rev 3.1 0501, 0502, CPC 882)

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors, Performance Requirements, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment, Most-Favoured-Nation Treatment:

  

The EU: In particular within the framework of the Common Fisheries Policy and of fishing agreements with a third country, access to and use of the biological resources and fishing grounds situated in maritime waters coming under the sovereignty or within the jurisdiction of Member States, including:

(a)
   regulating the landing of catches performed in the sub-quotas allocated to vessels of Mexico or of a third country in EU ports;

(b)
   determining a minimum size for an enterprise in order to preserve both artisanal and coastal fishing vessels; or

(c)
   according differential treatment to a Mexico or a third country pursuant to existing or future bilateral agreements relating to fisheries.

A commercial fishing licence granting the right to fish in the territorial waters of a Member State shall only be granted to vessels flying the flag of a Member State.

The nationality of the crew of a fishing vessel flying the flag of a Member State.

The establishment of marine or inland aquaculture facilities.

In FR: Nationals of non-EU countries cannot participate in French maritime State property for fish, shellfish or algae farming.

  

With respect to Investment Liberalisation – National Treatment, Most-Favoured-Nation Treatment; and Cross-Border Trade in Services – National Treatment:

In BG: The taking of marine and river-living resources, performed by vessels in the internal marine waters, and the territorial sea of BG, shall be performed by vessels flying the flag of BG. A foreign ship may not engage in commercial fishing in the exclusive economic zone save on the basis of an agreement between BG and the flag state. While passing through the exclusive economic zone, foreign fishing ships shall not maintain their fishing gear in operational mode.

(c)
   Collection, purification and distribution of water

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

The EU: For activities, including services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management.

II-EU-20 – Energy Related Activities

Sector – Sub-sector:
   Production of energy and related services

Industry Classification:
   
   ISIC 10, 1110, 12, 120, 1200, 13, 14, 232, 233, 2330, 40, 401, 4010, 402, 4020, part of 4030, CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887.

Obligations Concerned:
   National Treatment

Performance Requirements

Senior Management and Board of Directors

Local Presence

Chapter:
   Investment 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 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, 41; CPC 613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory and consulting services))

With respect to Investment Liberalisation – National Treatment, Senior Management and Boards of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment:

The EU: If a Member State permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, with respect to enterprises of Mexico controlled by natural persons or enterprises of a third country which accounts for more than 5 % of the EU's oil or natural gas or electricity imports, in order to guarantee the security of the energy supply of the EU as a whole, or of an individual Member State. This reservation does not apply to advisory and consultancy services supplied as services incidental to energy distribution.

This reservation does not apply to HR, HU and LT (for LT, only CPC 7131) with regard to the pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to SI with regard to services incidental to the distribution of gas (ISIC 401, 402, CPC 7131, 887 other than advisory and consultancy services).

  

In CY: For the manufacture of refined petroleum products in so far as the investor is controlled by a natural or juridical person of a non-EU country which accounts for more than 5 % of the EU's oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through mains on own account, the production, transmission and distribution of electricity, the pipeline transportation of fuels, services incidental to electricity and natural gas distribution other than advisory and consulting services, wholesale services of electricity, retailing services of motor fuel, electricity and non-bottled gas. Nationality and residency conditions apply for electricity related services (ISIC rev 3.1 232, 4010, 4020, CPC 613, 62271, 63297, 7131, and 887 other than advisory and consulting services).

In FI: The transmission and distribution networks and systems of energy and of steam and hot water. The quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas, and for the production and distribution of steam and hot water. Currently, natural monopolies and exclusive rights exist (ISIC 40, CPC 7131, 887 other than advisory and consultancy services).

In FR: The electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

In BE: The energy distribution services and services incidental to energy distribution (CPC 887 other than consultancy services).

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In BE: For energy transmission services, the types of legal entities and the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the EU (ISIC 4010, CPC 71310,).

In BG: Services incidental to energy distribution (part of CPC 88).

In PT: The production, transmission and distribution of electricity, the manufacturing of gas, the pipeline transportation of fuels, wholesale services of electricity, retailing services of electricity and non-bottled gas, and services incidental to electricity and natural gas distribution. Concessions for electricity and gas sectors are assigned only to limited companies with their headquarters and effective management in PT (ISIC 232, 4010, 4020, CPC 7131, 7422, 887 other than advisory and consulting services).

In SK: An authorisation is required for the production, transmission and distribution of electricity, manufacture of gas and distribution of gaseous fuels, production and distribution of steam and hot water, pipeline transportation of fuels, wholesale and retail of electricity, steam and hot water, and services incidental to energy distribution including services in the area of energy efficiency, energy savings and energy audit. An economic needs test is applied and the application may be denied only if the market is saturated. For all those activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or the European Economic Area (hereinafter referred to as "EEA) or a juridical person established in the EU or the EEA.

  

With respect to Investment Liberalisation – National Treatment:

In BE: With the exception of the mining of metal ores and other mining and quarrying, foreign enterprises controlled by natural persons or enterprises of a third country which accounts for more than 5 % of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity. Incorporation is required (no branching) (ISIC 10, 1110, 13, 14, 232, part of 4010, part of 4020, part of 4030).

Existing Measures:

The EU: Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; and

Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC.

BG: Energy Act.

CY: The Regulating of the Electricity Market Laws of 2003;

  

The Regulation of the Electricity Market Laws of 2003 Law 122(I)/2003 as amended by Laws 239(I)/2004, 143(I)/2005, 173(I)/2006, 92(I)/2008, 211(I)/2012, 206(I)/2015 and 18(I)/2017;

The Regulating of the Gas Market Laws of 2004 to 2007;

The Petroleum (Pipelines) Law, Chapter 273 of the Constitution of the Republic of Cyprus;

The Petroleum Law L.64(I)/1975; and

The Petroleum and Fuel Specifications Laws of 2003 to 2009.

FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000);

Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017); and

Sähkömarkkinalaki (Electricity Market Act) (386/1995).

FR: Energy Code (L111-5, L111-53,).

PT: Natural gas: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October;

  

Electricity: Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October –; and

Crude oil/Petroleum products: Decree-Law 31/2006, 15 February –.

SK: Act 51/1988 on Mining, Explosives and State Mining Administration;

Act 569/2007 on Geological Works;

Act 251/2012 on Energy; and

Act 657/2004 on Thermal Energy.

(b)
   Electricity (ISIC rev.3.1 40, 401; CPC 62271, 887 (other than advisory and consulting services))

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment:

In FI: The importation of electricity. With respect to cross-border trade, the wholesale and retail of electricity. In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by Electricité de France (EDF), may own and operate electricity transmission or distribution systems.

  

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In BG: For the production of electricity and the production of heat.

In PT: The activities of electricity transmission and distribution are carried out through exclusive concessions of public service.

With respect to Investment Liberalisation – National Treatment:

In BE: An individual authorisation for the production of electricity of a capacity of 25 MW requires establishment in the EU, or in another State which has a similar regime to that enforced by Directive 96/92 EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity in place, and where the company has an effective and continuous link with the economy.

The offshore production of electricity within the offshore territory of BE is subject to concession and a joint venture obligation with a company from a Member State, or a foreign company from a country having a similar regime to that of Directive 2003/54/EC, particularly with regard to conditions relating to the authorisation and selection. Additionally, the company should have its central administration or its head office in a Member State or a country meeting the above criteria, where it has an effective and continuous link with the economy.

  

The construction of electrical power lines which link offshore production to the transmission network of Elia requires authorisation and the company must meet the previously specified conditions, except for the joint venture requirement.

With respect to Cross-Border Trade in Services – National Treatment:

In BE: An authorisation is necessary for the supply of electricity by an intermediary having customers established in BE who are connected to the national grid system or to a direct line whose nominal voltage is higher than 70,000 volts. That authorisation may only be granted to a natural or juridical person established in the EEA.

Existing Measures:

BE: Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des autorisations individuelles préalables à la construction de lignes directes;

Arrêté Royal du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions domaniales pour la construction et l'exploitation d'installations de production d'électricité à partir de l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique peut exercer sa juridiction conformément au droit international de la mer;

  

Arrêté Royal du 12 mars 2002 relatif aux modalités de pose de câbles d'énergie électrique qui pénètrent dans la mer territoriale ou dans le territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de l'exploitation d'îles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge;

Arrêté royal du 2 avril 2003 relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci; and

Arrêté royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux conditions d'octroi des autorisations de fourniture de gaz naturel.

FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000);

Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017); and

Sähkömarkkinalaki (Electricity Market Act) 588/2013.

FR: Energy Code (L111-5, L111-53).

PT: Electricity: Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October.

  

(c)
   Fuels, gas, crude oil or petroleum products (ISIC 232, 40, 402; CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887 (other than advisory and consulting services))

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors, Performance Requirements; and Cross-Border Trade in Services – National Treatment:

In FI: To prevent control or ownership of a liquefied natural gas (hereinafter referred to as "LNG") terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign persons or enterprises for energy security reasons.

In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by ENGIE, may own and operate gas transmission or distribution systems for reasons of national energy security.

With respect to Investment Liberalisation – National treatment; and Cross-Border Trade in Services – National Treatment:

In BE: For bulk storage services of gas, regarding the types of legal entities and the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the EU for bulk storage services of gas (part of CPC 742).

  

In BG: For pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission (CPC 71310, part of CPC 742).

In PT: For the cross-border supply of storage and warehousing services of fuels transported through pipelines (natural gas). Also, concessions relating to the transmission, distribution and underground storage of natural gas and the reception, storage and regasification terminal of LNG are awarded through contracts concession, following public calls for tenders (CPC 7131, CPC 7422).

With respect to Cross-Border Trade in Services – National Treatment:

In BE: The pipeline transport of natural gas and other fuels is subject to an authorisation requirement. An authorisation may only be granted to a natural or juridical person established in a Member State (in accordance with Art. 3 of the AR of 14 May 2002).

If the authorisation is requested by a company:

(a)
   the company must be established in accordance with Belgian law, or the law of another Member State, or the law of a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas; and

  

(b)
   the company must hold its administrative seat, its principal establishment or its head office within a Member State, or a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned (CPC 7131).

In general the supply of natural gas to customers (customers being both distribution companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in BE is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. That authorisation may only be granted to a natural or juridical person established in a Member State.

In CY: For the cross-border supply of storage and warehousing services of fuels transported through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order (CPC 613, CPC 62271, CPC 63297, CPC 7131, CPC 742).

Existing Measures:

BE: Arrêté Royal du 14 mai 2002 relatif à l’autorisation de transport de produits gazeux et autres par canalisations; and

  

Loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations (article 8.2).

BG: Energy Act.

CY: The Regulation of the Electricity Market Law of 2003;

Law 122(I)/2003 as amended by Laws 239(I)/2004, 143(I)/2005, 173(I)/2006, 92(I)/2008, 211(I)/2012, 206(I)/2015 and 18(I)/2017;

The Regulating of the Gas Market Laws of 2004 to 2007;

The Petroleum (Pipelines) Law, Chapter 273 of the Constitution of the Republic of Cyprus;

The Petroleum Law L.64(I)/1975; and

The Petroleum and Fuel Specifications Laws of 2003 to 2009.

FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and

Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).

FR: Energy Code (L111-5, L111-53).

  

PT: Natural Gas: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October;

Electricity: Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October; and

Crude oil/Petroleum products: Decree-Law 31/2006, 15 February.

(d)
   Nuclear (ISIC rev 3.1 12, 3.1 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887))

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

In DE: For the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In AT and FI: For the production, processing, distribution or transportation of nuclear material and generation or distribution of nuclear-based energy.

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors, Performance Requirements:

  

In HU and SE: For the processing of nuclear fuel and nuclear-based electricity generation.

With respect to Investment Liberalisation – National Treatment; and Cross-Border Trade in Services – National Treatment:

In BE: For the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.

With respect to Investment Liberalisation – National Treatment, Senior Management and Board of Directors:

In BG: For the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of such materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (including among others engineering and consulting services and services relating to software).

With respect to Investment Liberalisation – National Treatment:

In FR: These activities must respect the obligations of the Euratom-Agreement.

  

Existing Measures:

AT: Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Act for a Nonnuclear Austria) BGBl. I Nr. 149/1999.

BG: Safe Use of Nuclear Energy Act.

FI: Ydinenergialaki (Nuclear Energy Act) (990/1987).

HU: Act CXVI of 1996 on Nuclear Energy; and

Government Decree Nr. 72/2000 on Nuclear Energy.

SE: The Swedish Environmental Code (1998:808); and

Law on Nuclear Technology Activities (1984:3).

  

II-EU-21 – Other Services Not Included Elsewhere

Sector – Sub-sector:
   Other services not included elsewhere

Industry Classification:
   CPC 9703, part of CPC 612, part of CPC 621, part of CPC 625, part of 85990

Obligations Concerned:
   National Treatment

Most-Favoured-Nation Treatment

Performance Requirements

Senior Management and Board of Directors

Chapter:
   Investment Liberalisation and Cross-Border Trade in Services

  

Description:

The EU reserves the right to adopt or maintain any measure with respect to the following:

(a)
   Funeral, cremation services and undertaking services CPC 9703

With respect to Investment Liberalisation –National Treatment, Senior Management and Board of Directors; and Cross-Border Trade in Services – National Treatment:

In DE: Only juridical persons established under public law may operate a cemetery. The creation and operation of cemeteries and services related to funerals are carried out as governmental services.

In CY and SI: Funeral, cremation and undertaking services.

In SE: Church of Sweden or local authority monopoly on cremation and funeral services.

(b)
   Other business related services

With respect to Cross-Border Trade in Services – National Treatment:

In LT: State enterprise "Infostruktura" has exclusive rights to supply the following services: data transmission through secure state data transmission networks, granting of internet addresses ending "gov.lt" and certification of electronic cash-registers.

  

Existing Measures:

LT: Government Resolution of 28 May 2002 No. 756 on the approval of the standard procedure for setting prices and tariffs of goods and services of a monopolistic nature supplied by state owned enterprises and public institutions established by ministries, governmental institutions and county governors and assigned to them.

  

Appendix II-B

RESERVATIONS FOR FUTURE MEASURES

LIST OF MEXICO

Reservations Applicable at Central Level

II-MX-1

Sector:
   All

Subsector:
   

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 11.6)

Level of Government:
   Central

Description:
   Cross-Border Trade in Services

Mexico reserves the right to adopt or maintain any measure restricting the acquisition, sale or other disposition of bonds, treasury bills or any other kind of debt security issued by the central, regional or local governments.

Existing Measures:

  

II-MX-2

Sector:
   All

Subsector:

Industry Classification:
   

Obligations Concerned:
   Senior Management and Board of Directors (Article 10.10)

Level of Government:
   Central

Description:
   Investment Liberalisation

Mexico reserves the right to adopt or maintain any measure requiring that a majority of the board of directors, or any committee thereof, of an enterprise of the European Union that is a coveredenterprise, be of a particular nationality, or resident in the territory of Mexico, provided that the requirement does not materially impair the ability of the investor to exercise control over its covered enterprise.

Existing Measures:

  

II-MX-3

Sector:
   Energy

Subsector:
   Oil and other hydrocarbons

Electricity

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7 and 11.6)

Performance Requirements (Article 10.9)

Local Presence (Article 11.5)

Senior Management and Board of Directors (Article 10.10)

Level of Government:
   Central

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Mexico reserves the right to adopt measures with respect to the activities referred to in the reservations I-MX-14 and I-MX-15 of the Appendix I-B-1,  in implementation of the Decree enacting the State Public Enterprise, Federal Electricity Commission Law; State Public Enterprise, Petróleos Mexicanos Law; the Electricity Sector Law; the Law of the Hydrocarbons Sector; the Law of Energy Planning and Transition; the Law of Biofuels; the Law of Geothermal Energy and the Law of the National Energy Commission; amending several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development; and amending, adding and reforming several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development; the Geothermal Energy Law and the Law of the National Energy Commission; several provisions of the Law of the Mexican Petroleum Fund for Stabilization and Development are amended and several provisions of the Organic Law of the Federal Public Administration are amended, added and repealed , published in the Official Journal 18 March 2025. When adopted, such measures shall be deemed to be existing non-conforming measures listed in Annex I and subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). For greater certainty, the non-conforming aspects of any such implementing measure shall be limited to the extent permitted by such Decree as well as by any implementing measure adopted pursuant to this reservation.

Mexico allows private investment exclusively through contractual arrangements with respect to the exploration and production of oil and other hydrocarbons, and the public service of transmission and distribution of electricity.

If Mexican law is amended to allow private investment in a different modality from that set out in the second paragraph, or to allow the sale of assets or ownership interest in an enterprise engaged in the activities set out in the second paragraph, Mexico reserves the right to impose restrictions on that investment.

Any restrictions imposed in accordance with the third paragraph shall be deemed to be existing non‑conforming measures listed in Annex I and subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions).

For greater certainty, Mexico affirms the principle reflected in Articles 25, 27 and 28 of the Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos) that the exploration and production of oil and other hydrocarbons, the planning and control of the National Electric System and the public service of transmission and distribution of electricity are reserved to the State.

Existing Measures:

Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28.

State Public Enterprise, Federal Electricity Commission Law (Ley de la Empresa Pública del Estado,Comisión Federal de Electricidad).

Foreign Investment Law (Ley de Inversión Extranjera).

Hydrocarbons Sector Law (Ley del Sector Hidrocarburos).

State Public Enterprise, Petroleos Méxicanos Law (Ley de la Empresa Pública del Estado, Petróleos Mexicanos).

Electric Sector Law (Ley del Sector Eléctrico).

Energy Planning and Transition Law (Ley de Planeación y Transición Energética).

II-MX-4

Sector:
   Entertainment Services

Subsector:
   Recreational and leisure services

Industry Classification:
   CMAP 949104 Other Private Recreational and Leisure Services (limited to gambling and betting services)

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Most-Favoured-Nation Treatment (Articles 10.8 and 11.7)

Senior Management and Board of Directors (Article 10.10)

Local Presence (Article 11.5)

Level of Government:
   Central

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Mexico reserves the right to adopt or maintain any measure relating to investment liberalisation in, or the supply of, gambling and betting services.

Existing Measures:

  

II-MX-5

Sector:
   Minority Affairs

Subsector:
   

Industry Classification:
   

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Level of Government:
   Central

Description:
   Cross-Border Trade in Services

Mexico reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged groups.

Existing Measures:

Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 4.

  

II-MX-6

Sector:
   Social Services

Subsector:
   

Industry Classification:
   

Obligations Concerned:
   National Treatment (Articles 10.7 and 11.6)

Most-Favoured-Nation Treatment (Articles 10.8 and 11.7)

Performance Requirements (Article 10.9)

Senior Management and Board of Directors (Article 10.10)

Local Presence (Article 11.5)

Level of Government:
   Central

Description:
   Investment Liberalisation and Cross-Border Trade in Services

Mexico reserves the right to adopt or maintain any measure with respect to the supply of public law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health and child care.

Existing Measures:

Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 4, 17, 18, 25, 26, 28 and 123.

  

II-MX-7

Sector:
   Transportation

Subsector:
   Specialised personnel

Industry Classification:
   CMAP 951023 Other Professional, Technical and Specialised Services (limited to ship captains, aircraft pilots, ship masters, ship machinists, ship mechanics, airport administrators (comandantes de aeródromos), harbour masters, harbour pilots, crew on Mexican flagged vessels or aircrafts)

Obligations Concerned:
   Local Presence (Article 11.5)

National Treatment (Article 11.6)

Most-Favoured-Nation Treatment (Article 11.7)

Level of Government:
   Central

Description:
   Cross-Border Trade in Services

Mexico reserves the right to adopt or maintain any measure with respect to specialised personnel. Only Mexican nationals by birth may serve as:

captains, pilots, ship masters, machinists, mechanics and crew members manning vessels or aircraft under the Mexican flag; and

harbour pilots, harbour masters and airport administrators.

Existing Measures:

Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.

  

II-MX-8

Sector:
   All

Subsector:
   Telegraph, radiotelegraph and postal services

Issuance of bills (currency) and minting of coinage

Control, inspection and surveillance of maritime and inland ports

Control, inspection and surveillance of airports and heliports

Nuclear power, including the exploration, exploitation and profit of radioactive materials.

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7)

Most-Favoured-Nation Treatment (Article 10.8)

Performance Requirements (Article 10.9)

Senior Management and Board of Directors (Article 10.10)

Level of Government:
   Central

Description:
   Investment Liberalisation

The activities set out in the list below are reserved to the State, and private equity investment is prohibited under Mexican law. If Mexico allows private investment to participate in those activities through service contracts, concessions, lending arrangements or any other type of contractual arrangement, that participation shall not be construed to affect the reservation of those activities.

If Mexican law is amended to allow private equity investment in an activity set out in the list below, Mexico may impose restrictions on foreign investment participation and those restrictions shall be deemed to be existing non-conforming measures listed in Annex I and subject to paragraphs 1 and 3of Article 10.12 (Non-Conforming Measures and Exceptions). Mexico may also impose restrictions on foreign equity investment participation when selling an asset or ownership interest in an enterprise engaged in activities set out in the list below, and those restrictions shall be deemed to be existing non-conforming measures as set out in Annex I and shall be subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions).

(a)
   Telegraph, radiotelegraph and postal services;

(b)
   Issuance of bills (currency) and minting of coinage;

  

(c)
   Control, inspection and surveillance of maritime and inland ports;

(d)
   Control, inspection and surveillance of airports and heliports; and

(e)
   Nuclear power.
[14](#footnote14)

Existing Measures:

Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos) Articles 25 and 28.

Law of the Bank of Mexico (Ley del Banco de México).

Law of the House of Currency of Mexico (Ley de la Casa de Moneda de México).

Monetary Law of the United Mexican States (Ley Monetaria de los Estados Unidos Mexicanos).

Navigation and Maritime Commerce Law (Ley de Navegación y Comercio Marítimos).

Ports Law (Ley de Puertos).

  

Airports Law (Ley de Aeropuertos).

Federal Telecommunication and Broadcasting Law (Ley en Materia de Telecomunicaciones y Radiodifusión).

Decree that establishes the decentralised agency of Navigation Services in the Mexican Airspace, (SENEAM, by its acronym in Spanish) (Decreto que crea el Organismo Desconcentrado de Servicios a la Navegación en el Espacio Aéreo Mexicano, SENEAM).

General Means of Communication Law (Ley de Vías Generales de Comunicación).

Mexican Postal Service Law (Ley del Servicio Postal Mexicano), Title I, Chapter III.

Foreign Investment Law (Ley de Inversión Extranjera).

  

II-MX-9

Sector:
   Mining

Subsector:
   Activities related to lithium

Industry Classification:
   

Obligations Concerned:
   National Treatment (Article 10.7)

Performance Requirements (Article 10.9)

Senior Management and Board of Directors (Article 10.10)

Level of Government:
   Central

Description:
   Investment Liberalisation

The activities related to lithium, including the exploration and exploitation of lithium, are reserved to the State, and private equity investment is prohibited under Mexican law. If Mexico allows private investment to participate in those activities through service contracts, concessions, lending arrangements or any other type of contractual arrangement, that participation shall not be construed to affect the reservation of those activities to the State.

  

If Mexican law is amended to allow private equity investment in an activity related to lithium, Mexico may impose restrictions on foreign investment participation and those restrictions shall be deemed to be existing non-conforming measures listed in Annex I and subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions). Mexico may also impose restrictions on foreign equity investment participation when selling an asset or ownership interest in an enterprise engaged in activities related to lithium, and those restrictions shall be deemed to be existing non-conforming measures as set out in Annex I and shall be subject to paragraphs 1 and 3 of Article 10.12 (Non-Conforming Measures and Exceptions).

Existing Measures:

Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos) Articles 27 and 28.

Mining Law (Ley de Minería).

II-MX-10

Sector:
   All

Subsector:
   

Industry Classification:
   

Obligations Concerned:
   Most-Favoured-Nation Treatment (Article 10.8)

Level of Government:
   Central

Description:
   Investment Liberalisation

Mexico reserves the right to adopt or maintain any measure granting different treatment to countries accorded under all bilateral or multilateral international agreements in force prior to the date of the entry into force of this Agreement. This reservation does not apply to those measures which grant different treatment in relation to:

(a)
   the exploration, production and manufacture of energy goods, as well as the distribution and transmission of gas and electricity, and the marketing, including the wholesale or retail sale, of energy goods, and

(b)
   activities related to lithium, including the exploration and exploitation of lithium.

  

Mexico reserves the right to adopt or maintain any measure granting different treatment to countries accorded under all international agreements in force or signed after the date of entry into force of this Agreement involving:

(a)
   aviation;

(b)
   fisheries; or

(c)
   maritime matters, including salvage.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

:   [(1)](#footnoteref1)
       For the purposes of the reservations in Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers.
:   [(2)](#footnoteref2)
       For the purposes of the reservations in Finland, a regional level of government means the Åland Islands.
:   [(3)](#footnoteref3)
       Applications for acquisitions or establishment of investments in restricted activities as set out in this List.
:   [(4)](#footnoteref4)
       For greater certainty, subparagraph 2(c) of Article 10.5 (Scope) and subparagraph 2(a) of Article 11.2 (Scope) exclude audio-visual services from the scope of Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes.
:   [(5)](#footnoteref5)
       For greater certainty, subparagraph 2(e) of Article 10.5 (Scope) and subparagraph 2(g) of Article 11.2 (Scope) exclude air services, or related services in support of air services from the scope of Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes.
:   [(6)](#footnoteref6)
       For greater certainty, subparagraph 2(e) of Article 10.5 (Scope) and subparagraph 2(g) of Article 11.2 (Scope) exclude air services, or related services in support of air services from the scope of Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes.
:   [(7)](#footnoteref7)
       For greater certainty, subparagraph 2(e) of Article 10.5 (Scope) and subparagraph 2(g) of Article 11.2 (Scope) exclude air services, or related services in support of air services from the scope of Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes.
:   [(8)](#footnoteref8)
       For greater certainty, subparagraph 2(d) of Article 10.5 (Scope) and subparagraph 2(b) of Article 11.2 (Scope) exclude national maritime cabotage from the scope of Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes.
:   [(9)](#footnoteref9)
       For greater certainty, subparagraphs 2(c) of Article 10.5 (Scope) and subparagraph 2(a) of Article 11.2 (Scope) exclude audio-visual services from the scope of Chapters 10 (Investment Liberalisation) and 11 (Cross-Border Trade in Services). Mexico includes a number of measures regarding this activity solely for transparency purposes.
:   [(10)](#footnoteref10)
       For the purposes of the reservations in Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers.
:   [(11)](#footnoteref11)
       For the purposes of the reservations in Finland, a regional level of government means the Åland Islands.
:   [(12)](#footnoteref12)
       Applies to East European companies which are cooperating with one or more Nordic companies.
:   [(13)](#footnoteref13)
       With regard to AT the part of the most-favoured-nation treatment exemption regarding traffic rights covers all countries with whom bilateral agreements on road transport or other arrangements relating to road transport exist or may be considered in future.
:   [(14)](#footnoteref14)
       For the purposes of this entry, nuclear power includes the exploration, exploitation and profit of radioactive materials.

[Top](#document6)

![european flag](./../../../images/eclogo.jpg)EUROPEAN COMMISSION

Brussels, 3.9.2025

COM(2025) 812 final

ANNEX

to the

Proposal for a Council Decision

on the conclusion, on behalf of the European Union, of the Interim Agreement on Trade between the European Union and the United Mexican States

ANNEX III

MARKET ACCESS COMMITMENTS

EXPLANATORY NOTES

1.
   The Schedule of a Party to this Annex sets out the market access commitments which that Party undertakes pursuant to Articles 10.6 (Market Access) or 11.4 (Market Access).

2.
   For the purposes of this Annex:

(a)
   "CMAP" means Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos) numbers as set out by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía) in the Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos), 1994;

(b)
   "CPC" means Central Product Classification numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and

  

(c)
   "ISIC" means the International Standard Industrial Classification of all Economic Activities numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC REV 3.1, 2002.

3.
   The economic activities in sectors or subsectors covered by this Agreement and not inscribed in the Schedule are not covered by the market access commitments referred to in paragraph 1.

4.
   The Schedule of a Party is without prejudice to the rights and obligations of the Parties under GATS.

5.
   Each entry in the Schedule sets out the following elements:

(a)
   "sector" refers to the general sector in which the entry is made;

(b)
   "subsector" refers to the specific sector or activity in which commitments are undertaken according, if applicable, to CMAP, CPC or ISIC;

(c)
   "limitations on market access" specifies the applicable limitations, including the possibility to maintain existing measures if so specified, or to adopt new or more restrictive measures if market access is unbound, that do not conform to the obligations set out in Articles 10.6 (Market Access) or 11.4 (Market Access).

  

6.
   In the interpretation of an entry, all elements of that entry shall be considered.

7.
   A commitment undertaken at the level of the European Union applies to a measure of the European Union and of a Member State at the national level as well as to a measure of a government within a Member State, unless the commitment excludes a Member State.

8.
   A commitment undertaken at the national level of Mexico or of a Member State applies to a measure of a government at the central, regional or local level within that country.

9.
   This Annex only contains limitations on market access which are non-discriminatory.

10.
   For greater certainty, the following measures do not constitute limitations on market access within the meaning of Articles 10.6 (Market Access) and 11.4 (Market Access), provided they are non-discriminatory:

(a)
   measures requiring the separation of the ownership of infrastructure from the ownership of the goods or services provided through that infrastructure to ensure fair competition, for example in the fields of energy, transportation and telecommunications;

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

  

(c)
   measures seeking to ensure the conservation and protection of natural resources and the environment, including a limitation on the availability, number and scope of concessions granted, and the imposition of a moratorium or ban;

(d)
   measures limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectra and frequencies; or

(e)
   measures requiring that a certain percentage of the shareholders, owners, partners, or directors of an enterprise be qualified or practice a certain profession such as lawyers or accountants.

11.
   The following abbreviations are used in the Schedule of the European Union:

AT
   Austria

BE
   Belgium
[1](#footnote1)

BG
   Bulgaria

CY
   Cyprus

CZ
   Czechia

  

DE
   Germany

DK
   Denmark

EE
   Estonia

EEA
   European Economic Area

EL
   Greece

ES
   Spain

EU
   European Union, including all its Member States

FI
   Finland
[2](#footnote2)

FR
   France

HR
   Croatia

HU
   Hungary

  

IE
   Ireland

IT
   Italy

LT
   Lithuania

LU
   Luxembourg

LV
   Latvia

MT
   Malta

NL
   Netherlands

PL
   Poland

PT
   Portugal

RO
   Romania

SE
   Sweden

  

SI
   Slovenia

SK
   Slovakia

12.
   For the purposes of the Schedule of Mexico:

(a)
   "1)" refers to the supply of a service from the territory of the European Union into the territory of Mexico;

(b)
   "2)" refers to the supply of a service in the territory of the European Union by a person of the European Union to a person of Mexico;

(c)
   "3)" refers to the supply of a service in the territory of Mexico by an investor of the European Union, or to a covered enterprise;

(d)
   "4)" refers to the supply of a service by a natural person of the European Union in the territory of Mexico.

Appendix III-A

MARKET ACCESS COMMITMENTS

SCHEDULE OF THE EU

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Sector or Subsector | | | Limitations on Market Access | |
| III-EU-1 – All sectors | | |  | |
| Commercial presence | | | With respect to Investment Liberalisation:  In the EU: Any Member State when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity providing health, social or education services (CPC 93, 92) may prohibit or impose limitations on the ownership of those interests or assets, and on the ability of owners of those interests or assets to control any resulting enterprise, by investors of Mexico or their covered enterprises. With respect to that sale or other disposition, any Member State may adopt or maintain any measure limiting the number of suppliers. | |
|  | | | With respect to Investment Liberalisation:  In the EU: Services considered as public utilities at national or local level may be subject to public monopolies or to exclusive rights granted to private operators. | |
|  | | | Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on those services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. This reservation does not apply to telecommunications and to computer and related services.  In BG: Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act. In commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 %, any transactions for disposition of fixed assets of the corporation, to conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing of receivables, as well as incurring any obligations arising under bills of exchange, are subject to authorisation or permission by the Privatisation Agency or other state or regional bodies, whichever is the competent authority. This reservation does not apply to mining and quarrying, which are subject to a separate reservation.  In HU: Commercial presence must take the form of a limited liability company, joint-stock company or representative office. Initial entry as a branch is not permitted except for financial services.  In IT: The acquisition of equity stakes of companies operating in the fields of defence and national security, and the acquisition of strategic assets in the fields of transport services, telecommunications and energy, may be subject to the approval of the Presidency of the Council of Ministers' Office. | |
|  | | | In IT: The State may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This relates to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to privatised companies.  Where there is a threat of serious injury to the essential interests of defence and national security, the Government has special powers to:  (a)    impose specific conditions in the purchase of shares;  (b)    veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up, and changes of activity; or  (c)    reject the acquisition of shares, if the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security.  Any resolution, act and transaction (transfers, mergers, splitting up, change of activity, termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any natural or juridical person outside the EU that give this person control over the company shall be notified.  The Prime Minister may exercise special powers to:  (a)    veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and supplies;  (b)    impose specific conditions in order to guarantee the public interest; or  (c)    reject an acquisition in exceptional cases of risk to the essential interests of the State. | |
|  | | | The criteria on which to evaluate the real or exceptional threat of serious injury and conditions and procedures for the exercise of the special powers are laid down in the law.  In LT: The Government may review and impose restrictions in relation to establishment and operation of covered enterprises of strategic importance to national security with respect to ownership (proportion of capital which may be held by private national or foreign persons conforming to national security interests); establishment and operation of covered enterprises, sectors and facilities of strategic importance to national security; and procedures and criteria for the determination of conformity of potential national investors and potential enterprise participants). | |
| Acquisition of real estate | | | With respect to Investment Liberalisation:  In HU: Unbound for the acquisition of state-owned properties.  In DK: The acquisition of agricultural land by natural or legal persons is governed by the Danish Agricultural Holdings Act, which imposes restrictions on all persons, Danish or foreign, when acquiring agricultural property. Accordingly, any natural or legal person who wishes to acquire agricultural real property shall fulfil the requirements set out in that Act. | |
| Arms, munition and war material | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: Unbound for the production or distribution of, or trade in, arms, munition and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities. | |
| III-EU-2 – Professional Services (all professions except health-related) | | |  | |
| Legal services (part of CPC 861), including patent agent services. [3](#footnote3) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  The EU: With the exception of SE, unbound 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, 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).  In CZ: Full admission to the Bar is required for the practice of legal services, including representation before courts. Foreign lawyers admitted to the Czech Bar Association shall be entitled to provide legal services in the law of the country in which they obtained their entitlement to provide legal services, and international law.  In DK: Requirements apply for the performance of legal services under the title "advokat" (lawyer). [4](#footnote4)  In FR: Representation before the Cour de Cassation and Conseil d'Etat is subject to quotas.  In HU: Foreign lawyers may provide legal advice on home country and international law in partnership with a Hungarian lawyer or a law firm. Commercial presence should take the form of partnership with a Hungarian barrister (ügyvéd) or a barrister's office (ügyvédi iroda). | |
|  | | | With respect to Investment Liberalisation:  In AT: Unbound for establishment to practice public international law and home country law; the practice of legal services in respect of public international law and home country law is only allowed on a cross-border basis.  In BG, CY, CZ, DE, DK, EL, EE, ES, FR, IE, IT, LV, LT, LU, MT, NL, PT, RO and SK: Non-discriminatory legal form requirements apply.  In BG: The name of the law firm shall only include the names of the registered partners.  In FR: In a law firm providing services in respect of French or EU law, shareholding and voting rights may be subject to quantitative restrictions related to the professional activity of the partners.  In LT: Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, on a non-discriminatory basis.  In SI: 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 SE: Only a Bar member may directly or indirectly, or through a company, practice as an advocate, own shares in the company or be a partner. Only a member of the Bar 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. | |
| Accounting and book-keeping services (CPC 8621 other than auditing services, 86213, 86219, 86220) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In CY: Access is restricted to natural persons. Authorisation is required, subject to an economic needs test. Main criterion: the employment situation in the sub-sector. Professional associations (partnerships) between natural persons are permitted. | |
|  | | | With respect to Investment Liberalisation:  In FR: Provision through SEL (société d'exercice liberal) (anonyme, à responsabilité limitée or en commandite par actions), AGC (association de gestion et comptabilité) or SCP (société civile professionnelle) only (CPC 86213, 86219, 86220). | |
|  | | | With respect to Cross-Border Trade in Services:  In HU: Unbound for cross-border activities for accounting and bookkeeping.  In IT: Unbound for cross-border activities for accounting and bookkeeping services (CPC 86213, 86219, 86220).  In SI: Unbound for cross-border activities for accounting and bookkeeping services. (CPC 86213, 86219, 86220). | |
| Auditing services (CPC 86211, 86212 other than accounting services) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In CY: Access is restricted to natural persons. Authorisation is required, subject to an economic needs test. Main criterion: the employment situation in the sub-sector. Professional associations (partnerships) between natural persons are permitted. | |
|  | | | With respect to Investment Liberalisation:  In BE: An establishment in BE is required where the professional activity will take place and where acts, documents and correspondence relating to it will be maintained. At least one administrator or manager of the establishment has to be approved as auditor.  In BG: Non-discriminatory legal form requirements apply.  In CZ: Only an enterprise with at least 60 % of capital interests or voting rights reserved to nationals of CZ or nationals of a Member State may be authorised to carry out audits in CZ. | |
|  | | | In DE: Auditing companies (Wirtschaftsprüfungsgesellschaften) may only adopt legal forms admissible within the EU or 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 of Wirtshaftsprüferordnung (WPO). However, auditors from third countries registered in accordance with Article 134 of Wirtshaftsprüferordnung (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 EU, whose transferable securities are offered for trading in a regulated market.  In DK: Voting rights in approved audit firms of auditors and audit firms not approved in accordance with regulation implementing the Eighth Council Directive 84/253/EEC of 10 April 1984 based on 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 must not exceed 10 % of the voting rights.  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.  In FR: For statutory audits: provision through any company form except SNC (société en nom collectif) and SCS (société en commandite simple).  In PL: Legal form requirements apply.  In SK: Only an enterprise in which at least 60 % 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 SK. | |
|  | | | With respect to Cross-Border Trade in Services:  In DE: Auditors from third countries registered in accordance with Article 134 of Wirtshaftsprüferordnung (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 EU, whose transferable securities are offered for trading in a regulated market.  In HU and PT: Unbound for cross-border supply of auditing services. | |
| Taxation services (CPC 863, not including legal advisory and legal representational services on tax matters, which are to be found under Legal services) | | | With respect to Investment Liberalisation and Cross Border Trade in Services:  In CY: Access is restricted to natural persons. Authorisation is required, subject to an economic needs test. Main criterion: the employment situation in the sub-sector. Professional associations (partnerships) between natural persons are permitted.  In PL: Legal form requirements apply. | |
|  | | | With respect to Investment Liberalisation:  In FR: Provision through SEL (société d'exercice liberal) (anonyme, à responsabilité limitée or en commandite par actions) or SCP (société civile professionnelle) only. | |
| Architecture and urban planning services, Engineering and Integrated engineering services (CPC 8671, 8672, 8673, 8674) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In BG: For architectural and engineering projects of national or regional significance, foreign investors must act in partnership with, or as subcontractors to, local investors (CPC 8671, 8672, 8673). | |
|  | | | With respect to Investment Liberalisation:  In FR: An architect may only establish in FR in order to provide architectural services using one of the following legal forms on a non-discriminatory basis: SA (société anonyme) and SARL (société à responsabilité limitée), EURL (entreprise unipersonnelle à responsabilité limitée), SCP (société 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 an individual or as a partner in an architectural firm (CPC 8671). | |
|  | | | With respect only to Cross-Border Trade in Services:  In HR: Unbound for the cross-border supply of urban planning. A design or project created by a foreign architect, engineer or urban planner must be validated by an authorised natural or legal person in HR with regard to its compliance with Croatian Law (CPC 8671, 8672, 8673, 8674). | |
| III-EU-3 – Professional Services – Health-related and retail of pharmaceuticals | | |  | |
| Medical and dental services; services provided by midwives, nurses, physiotherapists, psychologists and paramedical personnel (CPC 85201, 9312, 9319) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In CZ and MT: Unbound for the supply of all health-related professional services, 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).  In FI: Unbound for 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)  In BG: Unbound for the supply of all health-related professional services, including medical and dental services, services provided by nurses, midwives, physiotherapists and paramedical personnel, and services provided by psychologists. (CPC 9312, part of 9319)  In DE: Geographical restrictions may be imposed on professional registration, which apply to nationals and non-nationals alike.  Doctors, including psychologists, psychotherapists and dentists, are required 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. This restriction does not apply to dentists. Registration is necessary only for doctors participating in the public health scheme.  For medical, dental and midwives services, access is restricted to natural persons only.  Telemedicine may only be provided in the context of a primary treatment involving the prior physical presence of a doctor. The number of information and communications technology service suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards (CPC 9312, 93191). | |
|  | | | With respect to Investment Liberalisation:  In AT: Co-operation 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 that group practice. They shall 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 shall not act as associates of the group practice and shall not take share in its revenues or profits (part of CPC 9312).  In DE: Restrictions on the legal form of establishment required to provide these services may exist (§ 95 SGB V). | |
| Veterinary Services (CPC 932) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In DE: Telemedicine may only be provided in the context of a primary treatment involving the prior physical presence of a veterinary.  In DE, DK, ES, LV, NL and SK: The supply of veterinary services is restricted to natural persons.  In IE: The supply of veterinary services is restricted to natural persons or partnerships.  In HU: Authorisation is subject to an economic needs test. Main criterion: labour market conditions in the sector. | |
|  | | | With respect to Investment Liberalisation:  In BG: A veterinary medical establishment may be established by a natural or a legal person.  In FR: The legal forms available to a company providing veterinary services are limited to SEP (société en participation), SCP (société civile professionnelle) and SEL (société d'exercice liberal). | |
|  | | | With respect to Cross-Border Trade in Services:  In BE and LV: Unbound for cross-border supply of veterinary services. | |
| Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided by pharmacists (CPC 63211) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In BG, EE and ES: The mail order of pharmaceuticals is prohibited.  In EE: Delivery by post or express service of medicinal products ordered through the Internet is prohibited.  In DE, DK, EL, ES and LU: Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.  In EL: Only licenced pharmacists and companies founded by licenced pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.  In FI: Unbound for retail sales of pharmaceutical products.  In IT: The practice of the profession is possible only for natural persons enrolled in the register, as well as for juridical persons in the form of partnerships, where every partner of the company must be an enrolled pharmacist.  In SE: Unbound for retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public. | |
|  | | | With respect to Investment Liberalisation:  In the EU, with the exception of EL, IE, LT, LU and NL: Restrictions on the number of suppliers entitled to provide a particular service in a specific local zone or area on a non-discriminatory basis in order to prevent oversupply in areas of limited demand. An economic needs test may therefore be applied, taking into account factors such as the number of and impact on existing establishments, transport infrastructure, population density or geographic spread.  In AT: The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy.  In BG: Managers of pharmacies must be qualified pharmacists and may only manage one pharmacy in which they themselves work. A quota exists for the number of pharmacies which may be owned per person.  In BG and EE: The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy.  In DE: The total number of pharmacies per person is restricted to one pharmacy and up to three branch pharmacies.  In ES: No pharmacist shall obtain more than one licence.  In FR: Pharmacy opening is required to be authorised and commercial presence including sale at a distance of medicinal products to the public by means of information society services, is required to take one of the legal forms which are allowed under national law on a non-discriminatory basis: SEL (société d'exercice liberal) (anonyme, à responsabilité limitée or en commandite par actions), SNC (société en noms collectifs), or SARL (société à responsabilité limitée) only.  In MT: No person shall have more than one licence in their 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. No person shall 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 SI consists of public pharmacy institutions, owned by municipalities, and of private pharmacists with concession where the majority owner must be a pharmacist by profession. | |
|  | | | With respect to Cross-Border Trade in Services:  In BG and ES: Mail order of pharmaceuticals is prohibited.  In CZ: Mail order is only possible from Member States.  In IE, LT and SI: Mail order of pharmaceuticals requiring a prescription is prohibited. | |
| III-EU-4 – Business Services – Research and development services  (CPC 851, 852, 853) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: For publicly funded research and development services (R&D) benefitting from funding provided by the EU at EU level, exclusive rights or authorisations may only be granted to nationals of the Member States and to enterprises of the EU having their registered office, central administration or principal place of business in the EU (CPC 851, 853).  For publicly funded R&D services benefitting from funding provided by a Member State exclusive rights or authorisations may only be granted to nationals of the Member State concerned and to enterprises of the Member State concerned having their headquarters in that Member State (CPC 851, 853).  This reservation is without prejudice to the exclusion of procurement by a Party, or subsidies for trade in services referred to in Articles 10.5 (Scope) and 11.2 (Scope) respectively. [5](#footnote5) | |
|  | | | With respect only to Cross-Border Trade in Services  In RO: Unbound for the cross-border supply of research and development services. | |
| III-EU-5 – Business Services – Real estate services  (CPC 821, 822) | | |  | |
|  | | | With respect to Cross-Border Trade in Services:  In CZ and HU: Unbound for the cross-border supply of real estate services. | |
| III-EU-6 – Business Services – Rental or leasing services | | |  | |
| (a)    Rental or leasing services without operators (CPC 831) | | | With respect to Cross-Border Trade in Services:  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 SE. | |
| (b)    Rental or leasing services without operators concerning personal and household goods (CPC 832) | | | With respect to Cross-Border Trade in Services:  In BE and FR: Unbound for cross-border supply of leasing or rental services without operator concerning personal and household goods. | |
| III-EU-7 – Business Services | | |  | |
| (a)    Computer and related services (CPC 84) [6](#footnote6) | | None | |
| (b)    Market research and public opinion polling services (CPC 864) | | None | |
| (c)    Management consulting services (CPC 865) and Services related to management consulting (CPC 866) | | None | |
| (d)    Related scientific and technical consulting services (CPC 8675) | | | With respect to Investment Liberalisation  In FR: For surveying, access through a SEL (société d'exercice liberal) (anonyme, à responsabilité limitée or en commandite par actions), SCP (société civile professionnelle), SA (société anonyme) and SARL (société à responsabilité limitée) only. Foreign investors are required to have a specific authorisation for exploration and prospecting services. | |
| (e)    Technical testing and analysis services (CPC 8676) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In BG: 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 BG, or its agencies in co-operation with the Bulgarian Academy of Sciences.  In FR and PT: The profession of biologist is reserved for natural persons. | |
| (f)    Advertising services (CPC 871) | | | None | |
| (g)    Placement services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU, with the exception of HU and SE: Unbound for the supply of placement services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).  In AT, BG, CY, CZ, EE, FI, MT, PL, PT, RO, SK and SI: Unbound for the establishment of placement services of office support personnel and other workers (CPC 87202).  In LV and LT: Unbound for the supply of placement services of office support personnel (CPC 87202).  In DE and IT: Restrictions on the number of suppliers of placement services.  In FR: Placement services may be subject to a state monopoly.  In DE: The Federal Ministry of Labour and Social Affairs may issue a regulation placing restrictions on the placement and recruitment of non-EU and non-EEA personnel for specified professions (CPC 87202).  In AT, BG, CY, CZ, DE, FI, EE, MT, LV, LT, PL, PT, RO, SK and SI: Unbound for the supply of supply services of office support personnel (87203).  In IT: Restrictions on the number of suppliers of supply services of office personnel (87203).  In BG, CY, CZ, DE, EE, FI, MT, LV, LT, PL, PT, RO, SK and SI: Unbound for the supply of executive search services (87201). | |
|  | | | With respect to Investment Liberalisation:  In BE: In the Walloon region, a specific type of legal entity regularly constituted in the form of a legal person having a commercial form, either under Belgian law, or under the law of a Member State or governed by it, irrespective of its legal form (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 (CPC 87202).  In ES: Restrictions on the number of suppliers of executive search services, and placement services (CPC 87201, 87202). | |
|  | | | With respect to Cross-Border Trade in Services:  In the EU, with the exception of BE, HU and SE: Unbound for the cross-border supply of placement services of office support personnel and other workers (CPC 87202).  In FR, IE, IT and NL: Unbound for the cross-border supply of placement services of office personnel (CPC 87203).  In IE: Unbound for the cross-border supply of the supply of executive search services (CPC 87201). | |
| (h)    Security services (CPC 87302, 87303, 87304, 87305, 87309) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In BG, CY, CZ, EE, LT, LV, MT, PL, RO, SI and SK: Unbound for the supply of security services.  In DK, HR and HU: Unbound for the supply of the following subsectors: guard services (CPC 87305) in HR and HU, security consultation services (CPC 87302) in HR, airport guard services (part of CPC 87305) in DK and armoured car services (CPC 87304) in HU. | |
|  | | | With respect to Investment Liberalisation:  In DK: Residence requirement for the natural person applying for an authorisation to conduct security service and for managers and the majority of members of the board of a legal entity applying for an authorisation to conduct security services. However, residence is not required to the extent that it follows from international agreements or orders issued by the Minister of Justice. | |
|  | | | With respect to Cross-Border Trade in Services:  In BE, ES, FI, FR and PT: Unbound for the cross border supply of security services. | |
| (i)    Investigation services (CPC 87301) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: with the exception of AT and SE: Unbound  In LT and PT: Investigation services are a monopoly reserved to the State. | |
| (j)    Building-cleaning services (CPC 874) | | | None | |
| (k)    Photographic services (CPC 875) | | | None | |
| (l)    Packaging services (CPC 876) | | | None | |
| (m)    Credit reporting services, collection agency services (CPC 87901, 87902) | | | With respect to Cross-Border Trade in Services:  In the EU, with the exception of ES, LV and SE: Unbound for the supply of collection agency services and credit reporting services. | |
| (o)    Telephone answering services (CPC 87903) | | | None | |
| p)    Duplicating services (CPC 87904 | | | With respect to Cross-Border Trade in Services:  In HU: Unbound for the cross border supply of duplicating services. | |
| q)    Translation and interpretation services (CPC 87905) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In BG: A contract with the Ministry of Foreign Affairs is required for official translations provided by translation agencies.  In CY: Registration on the registry of translators is necessary for the provision of official translation and certification services.  In HU: Official translations, official certifications of translations, and certified copies of official documents in foreign languages shall only be provided by the Hungarian Office for Translation and Attestation (OFFI).  In PL: Only natural persons shall be sworn translators. | |
|  | | | With respect to Cross-Border Trade in Services:  In HR: Unbound for the cross-border supply of translation and interpretation of official documents. | |
| r)    Mailing list compilation and mailing services (CPC 87906) | | | None | |
| s)    Specialty design services (CPC 87907) | | | None | |
| t)    Other business services n.e.c. (CPC 87909) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In SE: The economic plan for a building society shall be certified by two persons. These persons shall be publicly approved by authorities in the EEA. | |
|  | | | With respect to Cross-Border Trade in Services:  In SE: Pawn-shops shall be established as a limited liability company or as a branch. | |
| u)    Repair services incidental to metal products, machinery and equipment (CPC 886 except 8868) | | | None | |
| v)    Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof (Part of CPC 86764, 86769, 8868) | | | With respect to Cross-Border Trade in Services:  In the EU, with the exception of DE, EE and HU: Unbound for the cross-border supply of maintenance and repair services of transport equipment from outside its territory.  In the EU, with the exception of CZ, EE, HU, LU and SK: Unbound for the cross-border supply of maintenance and repair services of internal waterways transport vessels from outside its territory.  In the EU, with the exception of EE, HU and LV: Unbound for the cross-border supply of maintenance and repair services of maritime vessels from outside its territory.  In the EU, with the exception of AT, EE, HU, LV, and PL: Unbound for the cross-border supply of maintenance and repair services of aircraft and parts thereof from outside its territory (Part of CPC 86764, 86769, 8868).  In the EU: Only recognised organisations authorised in the EU shall carry out statutory surveys and certification of ships on behalf of Member States. Establishment may be required. | |
| o)    Other Business Services (part of CPC 88493, part of 893, ISIC 37) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In NL: The hallmarking of precious metal articles is currently exclusively granted to two Dutch public monopolies (part of CPC 893).  In CZ: An authorised packaging company is only allowed to provide services relating to packaging take-back and recovery and shall be a legal person established as a joint-stock company (CPC 88493, ISIC 37). | |
| III-EU-8 – Communication services | | |  | |
| (a)    Postal and courier services (part of CPC 71235, part of CPC 73210, part of 751) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  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. | |
| (b)    Telecommunications (CPC 752, 753, 754) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In BE: Unbound for satellite broadcast transmission services. | |
| III-EU-9 – Construction  (CPC 511, 512, 513, 514, 515, 516, 517 and 518) | | | None | |
| III-EU-10 – Distribution Services | | |  | |
| (a)    Distribution Services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621) | | | With respect to Investment Liberalisation:  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 m2, and retail establishments having a sales area equal or exceeding 2 000 m2, 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 and contribution to eco-efficiency (CPC 631, 632 except 63211, 63297). | |
| (b)    Distribution of pharmaceuticals (CPC 62117, 62251, 8929) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In FI: Unbound for the distribution of pharmaceutical products (CPC 62117, 62251, 8929). | |
|  | | | With respect to Cross-Border Trade in Services:  In BG: Unbound for the cross-border wholesale distribution of pharmaceuticals (CPC 62251). | |
| (b)    Distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In FI: Unbound for the distribution of alcoholic beverages (part of CPC 62112, 62226, 63107, 8929).  In SE: Systembolaget AB has a 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 percentage per volume. For beer, the limit is an alcohol content over 3,5 percentage per volume (part of CPC 631). | |
| (c)    Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In AT: only natural persons may apply for an authorisation to operate as a tobacconist (CPC 63108).  In ES: Only natural persons may operate as a tobacconist. No tobacconist shall obtain more than one license (CPC 63108). There is a state monopoly on retail sales of tobacco.  In FR: State monopoly on wholesale and retail sales of tobacco (part of CPC 6222, part of 6310).  In IT: A licence is required to distribute and sell tobacco. 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). | |
| (d)    Distribution and retail of solid, liquid and gaseous fuels and related products (CPC 613, 62271, 63297) | | | With respect to Investment Liberalisation:  In CY: Unbound for the retailing services of motor fuel, electricity and non-bottled gas in so far as the investor is controlled by a natural or juridical person of a non-EU country which accounts for more than 5 per cent of the EU's oil or natural gas imports. | |
|  | | | With respect to Cross-Border Trade in Services:  In CY: Unbound for the cross-border retail sales of fuel oil and bottled gas other than by mail order. | |
| (e)    Other distribution (part of CPC 621, 62228, 62251, part of CPC 62272, 62276, 63108, part of CPC 6329) | | | With respect to Cross-Border Trade in Services:  In BG: Unbound for the cross-border supply of services provided by commodity brokers, 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. | |
| III-EU-11 – Education Services  (CPC 92)  (Only privately funded services) | | |  | |
|  | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  The EU: 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.  In the EU: Unbound for other education services (CPC 929).  In SE: Unbound for educational services suppliers approved by public authorities to provide education. This reservation applies to privately funded educational services suppliers receiving some form of State support, such as educational service suppliers recognised by the State, educational services suppliers under State supervision or education which entitles to study support (CPC 92).  In CY, FI, MT and RO: Unbound for the supply of privately funded primary, secondary and adult education services (CPC 921, 922, 924).  In AT, BG, CY, FI, MT and RO: Unbound for the supply of privately funded higher education services (CPC 923). | |
|  | | | 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 Council for Higher education (Fachhochschulrat). An investor seeking to provide an applied science study programme must have their primary business being the supply of those programmes, and must submit a needs assessment and a market survey for the acceptance of the proposed study programme. The competent Ministry shall deny an authorisation if the programme is determined to be incompatible with national educational interests. The applicant for a private university requires an authorisation from the competent authority (the Austrian Accreditation Council). The competent Ministry may deny the approval if the decision of the accreditation authority does not comply with national educational interests (CPC 923).  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). | |
|  | | | With respect to Cross-Border Trade in Services:  In BG: Privately funded primary and secondary education services may only be supplied by authorised Bulgarian enterprises, for which commercial presence is required.  In BG, IT and SI: Unbound for the cross-border supply of privately funded primary education services (CPC 921).  In BG and IT: Unbound for cross-border supply of privately funded secondary education services (CPC 922).  In AT: Unbound for the cross-border supply of privately funded adult education services by means of radio or television broadcasting (CPC 924). | |
|  | | | With respect to Investment Liberalisation:  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 SK: An economic needs test may apply, and the number of schools being established may be limited by local authorities, for providers of all privately funded education services other than post‑secondary technical and vocational education services (CPC 921, 922, 923 other than 92310, 924).  In EL: Education at university level shall be provided exclusively by institutions which are fully self-governed public law legal persons. | |
| III-EU-12 – Environmental Services (CPC 9401, 9402, 9403, 9406) | | | With respect to Cross-Border Trade in Services:  In DE: Unbound for the cross-border 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. | |
| III-EU-13 – Health and Social Services  (Only privately funded services) | | |  | |
| 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 and Cross-Border Services:  In the EU: 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.  In AT, SI and PL: Unbound for the supply of privately funded ambulance services (CPC 93192).  In BG, CY, CZ, FI, MT and SK: Unbound for the supply of privately-funded hospital, ambulance and residential health services other than hospital services (CPC 9311, 93192, 93193).  In BE: Unbound for the supply and establishment of privately funded ambulance and residential health facilities services other than hospital services (CPC 93192, 93193).  In FI: Unbound for the supply of other human health services (CPC 93199).  In DE: Unbound for the supply of the Social Security System of DE, if services are provided by different companies or entities involving competitive elements which are thus not services carried out exclusively in the exercise of governmental authority. | |
|  | | | In DE: 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. Ambulance services are subject to planning, permission and accreditation. Telemedicine may only be provided in the context of a primary treatment involving the prior physical presence of a doctor. The number of information and communications technology (ICT) service suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards.  In SI: A state monopoly is reserved for the following services: Supply of blood, blood preparations, removal and preservation of human organs for transplant, sociomedical, hygiene, epidemiological and health-ecological services, patho-anatomical services and biomedically-assisted procreation (CPC 931). | |
|  | | | With respect to Investment Liberalisation:  In DE: Unbound for the ownership of privately funded hospitals run by the German Forces.  In DE: Unbound in relation to the nationalisation of other key privately funded hospitals. (CPC 93110)  In FR: While other types of legal form are available for EU investors, non-EU investors only have access to the legal forms of SELAS (société d'exercice liberal) and SCP (société civile professionnelle). For medical, dental and midwives services and services by nurses, provision through SEL (société d'exercice liberal) (anonyme, à responsabilité limitée or en commandite par actions) or SCP only. 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. | |
|  | | | With respect to Cross-Border Trade in Services:  In FR: Unbound for the cross-border supply of privately funded laboratory analysis and testing services (Part of CPC 9311). | |
| Health and social services, including pension insurance | | | With respect to Cross-Border Trade in Services:  In the EU, with the exception of HU: Unbound for the cross-border supply of health services from outside their territory, the cross-border supply of social services from outside their territory, as well as activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).  In HU: Unbound for the cross-border supply from outside its territory of all hospital, ambulance and residential health services other than hospital services, which receive public funding (CPC 9311, 93192, 93193). | |
| Social services, including pension insurance | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: Unbound for activities or services forming part of a public retirement plan or statutory system of social security. The participation of private operators in the privately funded social network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.  In CZ, FI, HU, MT, PL, RO, SK and SI: Unbound for the supply of privately funded social services. | |
|  | | | In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: Unbound for the supply of privately funded social services other than services relating to convalescent and rest houses and old people's homes.  In DE: Unbound for 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. | |
|  | | | With respect only to Investment Liberalisation:  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). | |
| III-EU-14 – Tourism and Travel related Services | | |  | |
|  | | | With respect to Investment Liberalisation:  In BG: Incorporation is required (no branches) (CPC 7471, 7472). | |
| III-EU-15 – Recreational, Cultural and Sporting Services | | |  | |
| (a)    Library, archive, museum and other cultural services (CPC 963) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  The EU, with the exception of AT and for investment liberalisation in LT: Unbound for 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](http://unstats.un.org/unsd/cr/registry/regcs.asp?Cl=9&Lg=1&Co=964)  other than 96492) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In CY, CZ, FI, MT, PL, RO, SI and SK: Unbound for the supply of entertainment services, including theatre, live bands, circus and discotheque services.  In BG: Unbound for 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: Unbound for the supply of other entertainment services except for cinema theatre services.  In LT and LV: Unbound for the supply of all entertainment services other than cinema theatre operation services. | |
|  | | | With respect to Cross-Border Trade in Services:  In the EU, with the exception of AT and SE: Unbound for the cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services. | |
| (c)    News agency services (CPC 962) | | | None | |
| (d)    Gambling and betting services (CPC 96492) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU, with the exception of MT: Unbound for 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 organisations.  This reservation does not apply to games of skill, gambling machines that do not give prizes or that give prizes only in the form of free games, and promotional games, whose exclusive purpose is to encourage the sale of goods or services which are not covered by this exclusion. | |
| III-EU-16 – Transport services and auxiliary transport services | | |  | |
| (a)    Maritime transport  (i)    International passenger transportation (CPC 7211 excluding national cabotage transport)  (ii)    International freight transportation (CPC 7212 excluding national cabotage transport) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU except LV and MT: Unbound for the purpose of registering a vessel and operating a fleet under the national flag of the state of establishment (all commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing; international passenger and freight transportation (CPC 721); and services auxiliary to maritime transport).  In MT: Exclusive rights exist for the maritime link to mainland Europe through IT with MT (CPC 7213, 7214, part of 742, 745, part of 749).  In BG: Services provided to unmanned vessels in Bulgarian ports and warehouses on the Danube river are provided only through Bulgarian enterprises (incorporation is required). 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. (ISIC 0501, 0502, CPC 5133, 5223, 721, 722, 74520, 74540, 74590, 882).  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 and 74590). | |
| (b)    Auxiliary services to maritime transport and inland waterways transport | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  The EU: Unbound for the supply of pilotage and berthing services.  The EU, with the exception of LT and LV: Unbound for pushing and towing services (CPC 7452).  In BE: Cargo handling services can only be operated by accredited workers, eligible to work in port areas designated by royal decree (CPC 741). | |
|  | | | With respect to Investment Liberalisation:  In EL: Public monopoly imposed in port areas for cargo handling services (CPC 745).  In LT: Only juridical persons of LT or juridical persons of a Member State with branches in LT that have a certificate issued by the Lithuanian Maritime Safety Administration may provide pilotage and berthing, pushing and towing services (CPC 7452). | |
| (c)    Rail transport and auxiliary services to rail transport | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: Unbound for railway passenger and freight transportation (CPC 711).  In LT: Maintenance and repair services of rail transport equipment are subject to a state monopoly (CPC 86764, 86769, part of 8868).  In SE: 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). | |
| (d)    Road transport (passenger transportation, freight transportation, international truck transport services) and services auxiliary to road transport | | | With respect to Cross-Border Trade in Services:  In the EU: Unbound for road transport (passenger transportation, freight transportation, international truck transport services).  With respect to Investment Liberalisation:  In the EU: Unbound for cabotage within a Member State by foreign investors established in another Member State (CPC 712).  In the EU: An economic needs test may apply to taxi services in the EU setting a limit on the number of service suppliers. Main criterion: local demand as provided in applicable laws (CPC 71221). | |
|  | | | In AT: For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of the Member States and to juridical persons of the EU having their headquarters in the EU (CPC 712).  In BE: A maximum number of licences may be fixed by law (CPC 71221).  In BG: For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of a Member State and to juridical persons of the EU having their headquarters in the EU. Incorporation is required (CPC 712).  In ES: For passenger transportation, an economic needs test applies to services provided under CPC 7122. Main criterion: 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.  In FR: Non-EU investors are not allowed to provide intercity bussing services (CPC 712).  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, 7122).  In IT: An economic needs test is applied to limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.  An economic needs test is applied to intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.  An economic needs test is applied to the supply of freight transportation services. Main criteria: local demand (CPC 712). | |
|  | | | In LV: For passenger and freight transportation services, an authorisation is required, which is not extended to foreign registered vehicles. Established entities are required to use nationally registered vehicles (CPC 712).  In MT: For public bus services: 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).  In MT: For taxis, numerical restrictions on the number of licences apply.  For Karozzini (horse-drawn carriages), numerical restrictions on the number of licences apply (CPC 712).  In PT: For passenger transportation, an economic needs test is applied to the supply of limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment (CPC 712).  In SK: For freight transportation, an economic needs test is applied. Main criterion: local demand (CPC 712).  In SE: Maintenance and repair services of road 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 8867).  In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. | |
|  | | | Licences are granted on non-discriminatory terms, except that operators of road haulage and road passenger transport services may as a general rule only use vehicles that are registered in the national road traffic registry. If a vehicle is registered abroad, owned by a natural or legal person whose principal residence is abroad and is brought to SE for temporary use, the vehicle may be temporarily used in SE.  Operators of cross-border road haulage and road passenger transport services abroad need to be licensed for those operations by the competent authority in the country where they are established. Additional requirements for cross-border trade may be regulated in bilateral road transport agreements. For vehicles where no bilateral agreement is applicable, a licence is also needed from the Swedish Transport Agency (CPC 712). | |
|  | | | With respect to Cross-Border Trade in Services:  In BG: Unbound for the cross-border supply of supporting services to road transport (CPC 744). | |
| (e)    Services auxiliary to air transport services (CPC 7461, 7469, 83104) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: For groundhandling services, establishment within the EU 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.  With respect to Investment Liberalisation:  In PL: For storage services of frozen or refrigerated goods and bulk storage services of liquids or gases at airports, the possibility to supply certain categories of services will depend on the size of the airport. The number of suppliers in each airport may be limited due to available space constraints, and to not less than two suppliers for other reasons (Part of CPC 742). | |
| (f)    Space transport and rental of space craft | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  The EU: Unbound for the transportation services via space and the rental of space craft (CPC 733, part of 734). | |
| (g)    Provision of Combined Transport Services | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: With the exception of FI: only hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States may, in the context of a combined transport operation between Member States, carry out initial or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. Limitations affecting any given mode of transport apply.  Necessary measures may be taken to ensure that the motor vehicle taxes applicable to road vehicles routed in combined transport are reduced or reimbursed (CPC 711, 712, 7212, 7222, 741, 742, 743, 744, 745, 748, 749). | |
| III-EU-17 – Agriculture, fishing, water, manufacturing | | |  | |
| (a)    Agriculture, hunting, forestry and services incidental to agriculture, hunting and forestry (ISIC 01, 02, CPC 881) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In HR: Unbound for agricultural and hunting activities.  In HU: Unbound for agricultural activities (ISIC 011, 012, 013, 014, 015, CPC 8811, 8812, 8813 other than advisory and consultancy services).  In PT: The profession of agronomist is reserved for natural persons (CPC 881). | |
|  | | | With respect to Investment Liberalisation:  In FI: Exclusive rights may be granted to own reindeer and practice reindeer husbandry (ISIC 014).  In FR: The establishment of farms and agricultural co-operatives by non-EU investors is subject to authorisation. Prior authorisation is required in order to become a member or act as a director of an agricultural co-operative (ISIC 011, 012, 013, 014, 015).  In SE: Only Sami people may own and practice reindeer husbandry (ISIC 014). | |
| (b)    Fishing, aquaculture, services incidental to fishing (ISIC 05, CPC 882) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: In particular within the framework of the Common Fisheries Policy, and of fishing agreements with a third country, access to and use of the biological resources and fishing grounds situated in maritime waters coming under the sovereignty or within the jurisdiction of Member States, including:  a)    regulating the landing of catches performed in the sub-quotas allocated to vessels of Mexico or of a third country in EU ports;  b)    determining a minimum size for an enterprise in order to preserve both artisanal and coastal fishing vessels; or  c)    according differential treatment to Mexico or a third country pursuant to existing or future bilateral agreements relating to fisheries. | |
| (c)    Collection, purification and distribution of water (ISIC 41) | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In the EU: Unbound 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. | |
| (d)    Manufacture of food products and beverages (ISIC 15) | | | With respect to Investment Liberalisation:  In IE: Establishment by foreign residents in flour milling activities is subject to authorisation (ISIC 1531). | |
| (e)    Manufacturing (ISIC 16, 17, 18, 19, 20, 21 | | | None | |
| (f)    Publishing, printing and reproduction of recorded media (ISIC 22, CPC 88442) | | | With respect to Investment Liberalisation:  In LV: Only legal persons incorporated in LV, and natural persons of LV have the right to found and publish mass media. Branches are not allowed. | |
|  | | | With respect to Cross-Border Trade in Services:  In DE: 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 DE, the EU or an EEA country. Exceptions may be allowed by the Federal Minister of the Interior (ISIC 22).  In SE: Natural persons who are owners of periodicals that are printed and published in SE are required to reside in SE or be nationals of a Member State of the EEA. Owners of such periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in Sweden, and technical recordings are required to have a responsible editor, who has to be domiciled in SE. | |
| (g)    Manufacturing (ISIC 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 | | | None | |
| III-EU-18 – Energy related activities | |  | | |
| (a)    Mining and quarrying (ISIC 10, 11, 12, 13, 14, CPC 5115, 7131, 8675, 883) | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In IT: 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 of Regio Decreto 29 luglio 1927, n. 1443/1927, "Norme di carattere legislativo per disciplinare la ricerca e la coltivazione delle miniere nel Regno") (Royal Decree No. 1443/1927). 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 of Royal Decree No. 1443/1927 and Article 34 of Legislative Decree No. 112/1998) from the regional authority is required (ISIC 10, 11, 12, 13, 14, CPC 8675, 883).  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 juridical person established in the EEA. An economic needs test may apply (ISIC 12, CPC 5115, 883, 8675).  In IE: Exploration and mining companies operating in IE 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 IE 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 IE. There are no restrictions as to ownership of such a company (ISIC 10, 13, 14, CPC 883). | | |
|  | | With respect to Investment Liberalisation:  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 is required to have an address for service in BE (ISIC 14).  Foreign enterprises controlled by natural persons or enterprises of a third country which accounts for more than 5 % of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity. Incorporation is required (no branches) (ISIC 10, 1110, 13, 14).  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 or other special concessions laws. The activities of prospecting or exploration of underground natural resources on the territory of BG, 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, off-shore zones) or related, to participate, directly or indirectly, 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 those operations are precluded, including the possibility to register the geological or commercial discovery of a deposit as a result of exploration. | | |
|  | | Commercial corporations in which the Member State or a municipality holds a share in the capital exceeding 50 %, cannot effect 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, unless permitted by the Privatisation Agency or the municipal council, whichever is the competent authority. Without prejudice to paragraphs 1 and 2 of Article 8.4 of the Decision of the National Assembly of the Republic of Bulgaria of 18 January 2012, any usage of hydraulic fracturing technology that is, fracking, for activities of prospecting, exploration or extraction of oil and gas, is forbidden by Decision of the Parliament. Exploration and extraction of shale gas is forbidden (ISIC 10, 11, 12, 13, 14).  The mining of uranium ore is forbidden by Decree of the Council of Ministers No163 of 20 August 1992.  With regard to mining of thorium ore, the general regime of concessions for mining applies. In order to participate in concessions for mining of thorium ore, a Mexican company is required to be established according to the Commerce Act and to be registered in the Commercial Registry. Decisions to allow the mining of thorium ore are taken on a non‑discriminatory individual case-by-case basis. The prohibition against companies registered in preferential tax treatment jurisdictions (that is, off-shore zones) or related, to participate, directly or indirectly, in open procedures for concessions for mining of natural resources includes uranium and thorium ores (ISIC 12). | | |
|  | | In CY: The Council of Ministers may, for reasons of energy security, refuse to allow access to and exercise of the activities of prospecting, exploration and exploitation of hydrocarbons to any entity which is effectively controlled by Mexico or by nationals of Mexico. No entity may, after the granting of an authorisation for the prospecting, exploration and production of hydrocarbons, come under the direct or indirect control of Mexico or a national of Mexico without the prior approval of the Council of Ministers. The Council of Ministers may refuse to grant an authorisation for the prospecting, exploration and production of hydrocarbons to an entity which is effectively controlled by Mexico or a third country or by a national of Mexico or a third country, where Mexico or the third country does not grant entities of CY or entities of Member States, in relation to the access to and exercise of the activities of prospecting, exploring for and exploiting hydrocarbons, treatment comparable to that which CY or the Member State grants to entities of Mexico or that third country (ISIC 1110).  In SK: For mining, activities related to mining and geological activity, incorporation in a Member State of the EU or of the EEA is required (no branches) (ISIC 10, 11, 12, 13, 14, CPC 5115, 7131, 883 and 8675). | | |
| (b)    Electricity (ISIC 40, 4010; CPC 62279, 887 (other than advisory and consulting services)) | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In AT and BG: Unbound for the production of electricity, energy distribution services and services incidental to energy distribution (ISIC 4010, CPC 887 other than advisory and consultancy services).  In BE: Unbound for energy distribution services and services incidental to energy distribution (CPC 887).  In CY: Unbound for the production, transmission and distribution of electricity, services incidental to electricity distribution other than advisory and consulting services, wholesale services of electricity, and retailing services of electricity in so far as the investor is controlled by a natural or juridical person of a non-EU country which accounts for more than 5 % of the EU's oil or natural gas imports (ISIC 4010, CPC 62279 and 887). | | |
|  | | In CZ: For electricity generation, transmission, distribution, trading, and other electricity market operator activities, as well as heat generation and distribution, authorisation is required. Exclusive rights exist with regard to electricity and gas transmission and market operator licences (ISIC 40, CPC 7131, 62279, 742, 887).  In FI: Unbound for the importation of electricity. Unbound for cross‑border trade relating to the wholesale and retail of electricity. Unbound for electricity transmission and distribution networks and systems (ISIC 4010, CPC 62279, 887 other than advisory and consultancy services).  In FR: Unbound for electricity transmission and distribution (ISIC 4010, CPC 887).  In PL: the following activities are subject to licensing under the Energy Law Act:  (i)    the generation of electricity, except for generation of electricity using electricity sources of the total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity using sources of the total capacity of not more than 5 MW other than renewable energy sources;  (ii)    the transmission or distribution of electricity;  (iii)    the trade in electricity, except for the trade in electricity using installations of voltage lower than 1 kV owned by the customer; and the trade in electricity performed on commodity exchanges by brokerage houses which conduct the brokerage activity on the exchange commodities on the basis of the Act on Commodity Exchanges of 26 October 2000.  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 EU or of the EEA or the Swiss Confederation (ISIC 4010, CPC 62279, 63297, CPC 887). | | |
|  | | In PT: The activities of electricity transmission and distribution are carried out through exclusive concessions of public service. Concessions for the electricity sectors are assigned only to limited companies with their headquarters and effective management in PT (ISIC 4010, CPC 887).  In SK: An authorisation is required for the production, transmission and distribution of electricity, wholesale and retail of electricity, and related services incidental to energy distribution. An economic needs test is applied and the application may be denied only if the market is saturated (ISIC rev 3.1 4010, CPC 62279, 887). | | |
|  | | With respect to Investment Liberalisation:  In BE: Restrictions exist in relation to the types of legal entities and to the treatment of public or private operators to whom BE has conferred exclusive rights. Foreign enterprises controlled by natural persons or enterprises of a third country which accounts for more than 5 % of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity.  An individual authorisation for the production of electricity of a capacity of 25 MW requires establishment in the EU, or in another State which has a similar regime to that enforced by Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity, in place, and where the company has an effective and continuous link with the economy.  The offshore production of electricity within the offshore territory of BE is subject to concession and a joint venture obligation with a company from a Member State, or a foreign company from a country having a similar regime to that of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity, particularly with regard to conditions relating to the authorisation and selection. Additionally, the company shall have its central administration or its head office in a Member State or a country meeting the above criteria, if 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 is required to meet the previously specified conditions, except for the joint venture requirement (ISIC 4010).  In FR: Unbound for the production of electricity (ISIC 4010).  In MT: EneMalta plc has a monopoly for the provision of electricity (ISIC 4010; CPC 887).  In NL: The ownership of the electricity network is exclusively granted to the Dutch government (transmission systems) and other public authorities (distribution systems) (ISIC 4010, CPC 887). | | |
|  | | With respect to Cross-Border Trade in Services:  In PT: Unbound for the cross-border supply of services relating to the wholesale services of electricity, retailing services of electricity and services incidental to electricity distribution. (CPC 62279, 887 other than advisory and consulting services). | | |
| (c)    Fuels, gas, crude oil or petroleum products (ISIC 232, 4020; CPC 62271, 63297, 713, 742, 887 (other than advisory and consulting services)) | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In AT: Unbound for transportation of gas and goods other than gas and water (CPC 713).  In BE: For bulk storage services of gas, requirements exist regarding the types of legal entities and the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within EU for bulk storage services of gas (Part of CPC 742).  In general the supply of natural gas to customers (customers being both distribution enterprises and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in BE is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. That authorisation may only be granted to a natural or juridical person established in a Member State (ISIC 4020, CPC 7131). | |
|  | | 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). Foreign enterprises controlled by natural persons or enterprises of a third country which accounts for more than 5 % of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity.  Where the authorisation is requested by a company:  (a)    the company must be established in accordance with Belgian law, or the law of another Member State, or the law of a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 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  (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 2009/73/EC, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned (ISIC 4020, CPC 7131).  In BG: Unbound for pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission (ISIC 4020, CPC 7131, part of CPC 742).  In CY: Unbound for the manufacture of gas, distribution of gaseous fuels through mains on own account, the pipeline transportation of fuels, services incidental to natural gas distribution other than advisory and consulting services, and retailing services of non‑bottled gas in so far as the investor is controlled by a natural or juridical person of a non-EU country which accounts for more than 5 % of the EU's oil or natural gas imports (ISIC 4020, CPC 62271, 63297, 7131, and 887). | |
|  | | In CZ: Unbound for gas generation, transmission, distribution, storage and trading (ISIC 2320, 4020, CPC 7131, 63297, 742, 887).  In DK: The owner or user intending to establish 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 permits issued may be limited (CPC 7131).  In FI: Unbound for the 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 persons or enterprises for energy security reasons (ISIC 4020, CPC 742).  In FI: Unbound for gas transmission and distribution networks and systems. Quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas (ISIC 4020, CPC 887 other than advisory and consultancy services).  In FR: Only companies where 100 % of the capital is held by the French State, by another public sector organisation or by ENGIE, may own and operate gas transmission or distribution systems for reasons of national energy security (ISIC 4020, CPC 887).  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 Concession Law ( CPC 7131).  In NL: The ownership of the gas pipeline network is exclusively granted to the government (transmission systems) and other public authorities (distribution systems) (ISIC 4020, CPC 7131).  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; | |
|  | | (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, except for the distribution of gaseous fuels in grids of less than 1 MJ/s capacity;  (iv)    trade in fuels, except for the trade in solid fuels; trade in gaseous fuels if their annual turnover value does not exceed the equivalent of EUR 100 000; trade in liquid gas, if the annual turnover value does not exceed EUR 10 000; and trade in gaseous fuels performed on commodity exchanges by brokerage houses which conduct the brokerage activity on the exchange commodities on the basis of the Act on Commodity Exchanges of 26 October 2000. 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 EU or of the EEA or the Swiss Confederation (ISIC 4020, CPC 63297, 74220, CPC 887).  In PT: 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 of concession, following public calls for tenders. Those concessions are assigned only to limited companies with their headquarters and effective management in PT (ISIC 4020, CPC 7131, 7422, 887 other than advisory and consulting services). | |
|  | | In SK: An authorisation is required for manufacture of gas and distribution of gaseous fuels and the pipeline transportation of fuels. An economic needs test is applied and the application may be denied only if the market is saturated. For all these activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or of the EEA or a juridical person established in the EU or the EEA (ISIC 4020, CPC 62271, 63297, 7131, 742 and 887). | |
|  | | With respect to Cross-Border Trade in Services:  In CY: Unbound for the cross-border supply of storage and warehousing services of fuels transported through pipelines (CPC 7131, 742).  In LT: Establishment is required for the transmission and distribution of fuels. Licences may only be issued to legal persons of LT or branches of foreign legal persons or other organisations (subsidiaries) established in LT (ISIC 4020, CPC 7131).  This reservation does not apply to consultancy services related to the transmission and distribution on a fee or contract basis of fuels.  In PT: Unbound for the cross-border supply of services relating to the manufacturing of gas, the pipeline transportation of fuels, storage and warehousing services of fuels, retailing services of non-bottled gas, and services incidental to natural gas distribution. | |
| (d)    Nuclear (ISIC 12, 2330, part of 4010, CPC 887) | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In AT, BE and DE: Unbound for the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.  FI: Unbound for the processing, distribution or transportation of nuclear material and generation or distribution of nuclear-based energy. | | |
|  | | With respect to Investment Liberalisation:  In BG: Unbound for the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of such materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (including engineering and consulting services and services relating to software, etc.).  In FR: These activities must respect the obligations of the Euratom‑Mexico agreements.  In HU and SE: Unbound for the processing of nuclear fuel and nuclear‑based electricity generation (ISIC 2330, part of 4010). | | |
| (e)    Steam and Hot Water Supply (ISIC 4030, CPC 62271, 887) | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In BG: Unbound for the production and distribution of heat (ISIC 4030, CPC 887).  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 EU or of the EEA or the Swiss Confederation (ISIC 4030, CPC 887).  In SK: An authorisation is required for production and distribution of steam and hot water, wholesale and retail of steam and hot water, and related services incidental to energy distribution. An economic needs test is applied and the application may be denied only if the market is saturated (ISIC 4030, CPC 887). | |
|  | | With respect to Investment Liberalisation:  In FI: Quantitative restrictions in the form of monopolies or exclusive rights exist for the production and distribution of steam and hot water (ISIC 40, CPC 7131). | | |
|  | | With respect to Cross-Border Trade in Services:  In FI: Unbound for the transmission and distribution networks and systems of steam and hot water (ISIC 4030, CPC 7131 other than advisory and consultancy services). | | |
| III-EU-19 – Other services not included elsewhere | | |  | |
| (a)    Funeral, cremation services and undertaking services CPC 9703 | | | With respect to Investment Liberalisation and Cross-Border Trade in Services:  In DE, FI, PT, SE and SI: Unbound for funeral, cremation and undertaking services. | |
| (b)    Other business related services (part of CPC 612, part of CPC 621, part of CPC 625, part of 85990) | | | With respect to Cross-Border Trade in Services:  In CZ: Unbound for auction services (part of CPC 612, part of CPC 621, part of CPC 625, part of 85990). | |
|  | | | In LT: Unbound for data transmission through secure state data transmission networks, granting of internet addresses ending "gov.lt", certification of electronic cash-registers. | |
|  | | | In FI: Unbound for the cross-border provision of electronic identification services. | |

  

Appendix III-B-1

MARKET ACCESS COMMITMENTS

SCHEDULE OF MEXICO

Reservations Applicable at Central Level

|  |  |
| --- | --- |
| Sector or Subsector | Limitations on Market Access |
| 1.BUSINESS SERVICES |  |
| 1.A. Professional Services [7](#footnote7) |  |
| (a)    Legal services (CPC 861) | 1), 2) and 3) None  4) Unbound except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (b)    Accounting, auditing and bookkeeping services (CPC 862) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (d)    Consultancy and technical studies for architecture (CPC 8671) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (e)    Consultancy and technical services for engineering (CPC 8672) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (f)    Integrated engineering services (CPC 8673) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (g)    Urban planning and landscape architectural services (CPC 8674) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (h)    Related scientific and technical consulting services (CPC 8675) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (i)    Medical and dental services (CPC 9312) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (k)    Other  - Religious services (CPC 95910) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 1.B. Computer and Related Services |  |
| (a)    Consultancy services related to the installation of computer hardware (CPC 841) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (b)    Software implementation services (CPC 842) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (c)    Data processing services (CPC 843) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (d)    Database services (CPC 844) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (e)    Other (CPC 845 and 849) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 1.C. Research and Development Services (CPC 85) (excluding research and technological development centres) |  |
| - Research and experimental development services on engineering and technology  (CPC 85103) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Research and development services on social sciences and humanities (CPC 852) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 1. D.    Real Estate Services |  |
| (a)    Real estate services involving own or leased property (CPC 821) (excluding real estate services involving own property) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (b)    Real estate services on a fee or contract basis (CPC 822) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 1.E. Leasing or rental services without operator |  |
| (a)    Leasing or rental services concerning vessels without operator (CPC 83103) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (b)    Leasing or rental services concerning aircraft without operator (CPC 83104) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (c)    Leasing or rental services concerning other means of transport without operator (limited to private cars without operator) (CPC 83101) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Leasing or rental services concerning means of maritime transport without operator | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (d)    Leasing or rental services concerning other machinery and equipment without operator: |  |
| - Rental services concerning agricultural and fishery machinery and equipment (CPC 83106) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Rental services concerning electronic equipment for data processing (CPC 83108) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Rental services concerning office equipment and furniture (CPC 83108) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Rental services concerning other machinery, equipment and furniture not mentioned above (CPC 83109) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes). |
| - Rental services concerning machinery and equipment for industry (CPC 83109) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (e)    Other |  |
| - Leasing or rental services concerning other personal or household goods (CPC 83209) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Rental services concerning televisions, sound equipment, video-cassette recorders and musical instruments (CPC 83201) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Rental services concerning professional photographic equipment and projectors (CPC 83209) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 1. F. Other Business Services |  |
| (a)    Advertising services (CPC 871) (excluding broadcasting as well as restricted radio and television services) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (b)    Market research services (CPC 8640) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (c)    Management consulting services (CPC 8650) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (d)    Administrative formalities and collection services (CPC 8660) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (e)    Technical testing and analysis services  (CPC 8676) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (f)    Services incidental to agriculture, hunting and forestry |  |
| - Services incidental to agriculture (CPC 8811) (limited to professional services incidental to agriculture) | 1) and 2) None  3) None, except as indicated in 1.A  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| ‑ Services incidental to animal husbandry (CPC 8812 limited to professional services incidental to animal husbandry) | 1) and 2) None  3) None, except as indicated in 1.A  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Services incidental to forestry and logging (CPC 8814) | 1) and 2) None  3) None, except as indicated in 1.A  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (g)    Services incidental to fishing (CPC 882) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (k)    Placement and supply of services of personnel (CPC 8720) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (l)    Protection and guard services (CPC 8730) | 1) Unbound  2) None  3) None, except the requirements laid down for each specific means of transport.  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (n)    Maintenance and repair of equipment except maritime vessels, aircraft and other transport equipment |  |
| - Repair and maintenance of industrial machinery and equipment (CPC 8862) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Repair and maintenance of professional technical equipment and instruments (CPC 8866) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Repair services incidental to metal products, machinery and equipment (CPC886) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Repair and maintenance of machinery and equipment for general use, not assignable to any specific activity (CPC 886) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (o)    Building-cleaning services (CPC 8740) | 1) and 3) None  2) Unbound\*  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (p)    Photographic services |  |
| - Photography and motion-picture processing services (CPC 87505 and 87506) | 1) and 3) None  2) Unbound\*  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (r)    Printing and publishing, on a fee or contract basis (CPC 88442) (limited to publishing of books and similar; Printing and binding, except newsprint for circulation exclusively in the territory of Mexico; and auxiliary and related industries with editing and printing, excluding manufacturing for printing types which are classified under 3811 branch, "casting and moulding of ferrous and nonferrous metal parts") | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (s)    Convention services (CPC 87909\*\*\*) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (t)    Other |  |
| - Credit reporting services (CPC 87901) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Speciality design services (CPC 87907) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Industrial design services (CPC 86725) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Photocopying and similar services (CPC 87904) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Translation and interpretation services (CPC 87905) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Laundry collection services (CPC 97011) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 2. COMMUNICATION SERVICES |  |
| 2.B. Courier Services  - Courier services (CPC 7512) | 1) Unbound  2) None  3) None, except the requirements laid down for each specific means of transport.  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 2.C. Telecommunication Services  (Telecommunications services supplied by facilities-based public telecommunications network (wire-based and radioelectric) through any technological medium, included in subparagraphs (a), (b), (c), (f), (g) and (o)) | 1) The international traffic may only be routed through international ports of a natural person or legal person with a concession granted by the regulatory agency to install, operate or use a public telecommunication network in the territory of Mexico authorised to provide international long distance services.  2) None  3) The Telecommunication Regulatory Commission (Comisión Reguladora de Telecomunicaciones) (hereinafter referred to as " CRT"), shall reserve for community indigenous FM radio stations 10 % of broadcasting band of FM that goes from 88 to 108 MHz. That percentage shall be granted as concession for the upper part of the referred band.  The CRT shall directly assign 90 MHz of the 700 MHz band for the operation and exploitation of a wholesale shared network through a concession for commercial use.  Resellers of telecommunications of international long distance may contract telecommunications services exclusively with authorised concessionaires.  The economic agent who has been declared preponderant in the telecommunications sector or the concessionaires that are part of the economic group to which the declared preponderant agent belongs to may not participate directly or indirectly in any reseller.  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (a)    Telephone services (CPC 75211, 75212) | 1) As indicated in 2.C.1)  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (b)    Packet-switched data transmission services (CPC 7523\*\*) | 1) As indicated in 2.C.1).  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (c)    Circuit-switched data transmission services (CPC 7523\*\*) | 1) As indicated in 2.C.1).  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (f)    Facsimile services (CPC 7521\*\* and 529\*\*) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (g)    Private leased circuit services (CPC 7522\*\* and 7523\*\*) | 1) As indicated in 2.C.1). The resale of private leased circuits to private networks is not allowed in Mexico.  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (o)    Other |  |
| - Paging services (CPC 75291) | 1) As indicated in 2.C.1)  2) None  3) As indicated in 2.C.3)  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Mobile telephone services (75213\*\*) | 1) As indicated in 2.C.1).  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Resellers [8](#footnote8) | 1) As indicated in 2.C.1).  2) None  3) None, except for the regulations applicable to the establishment and operation of resellers. The CRT shall not issue permits for the establishment of a reseller until the corresponding regulations are issued  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Value-added services (Services that use public telecommunication network and have effect on the format, content, code, protocol, storage or similar aspects of the information transmitted by a user and which market users with additional information, different and restructured, or involve interaction user with information stored) [9](#footnote9) | 1) Registration before the CRT is required to provide value-added services.  The value-added services originated overseas destined to the territory of Mexico may only be taken and delivered in Mexico through infrastructure or facilities of a public telecommunications network concessioner  2) and 3) None  4) Unbound, except as indicated in the Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Radio and television transmission services (CPC 7524) | 1) and 2) None  3) None, except as indicated in 2.C.3)  4) Unbound, except as indicated in the Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES |  |
| 3.A. General Construction Work for Buildings |  |
| - Residential buildings  (CPC 5121 and 5122) | 1) and 4) Unbound  2) Unbound\*  3) None |
| - Non-residential buildings  (CPC 5124, 5127 and 5128) | 1) and 4) Unbound  2) Unbound\*  3) None |
| 3.B. General Construction Work for Civil Engineering |  |
| - Construction of urban development works (CPC 5131 and 5135) | 1) Unbound  2) Unbound\*  3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Construction of industrial buildings (CPC 52121) (excluding electric power stations and plants for the piping of oil and oil products) | 1) Unbound  2) Unbound\*  3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Other construction work (excluding construction of maritime and river works, highway and transport works and track construction) (CPC 52269) | 1) Unbound  2) Unbound\*  3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 3.C. Building Completion and Finishing Work |  |
| - Electrical, plumbing and drainage installations in buildings (excluding telecommunication installations and other special installations) (CPC 5161‑5164) | 1) Unbound  2) Unbound\*  3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 3. D. Other |  |
| - Special work, including earth moving, foundations, underground excavation, under-water work, signalling and protection installations, demolition, construction of drinking water or water treatment plants (excluding sinking of oil, gas and water wells) (CPC 511 and 515) | 1) Unbound  2) Unbound\*  3) None, except that services relating to visual and electronic aids for runways are subject to authorisation by the Ministry of Communication and Transports (Secretaría de Comunicaciones y Transportes)  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 4. DISTRIBUTION SERVICES |  |
| 4.A Trade Intermediary Services (CPC 621) (includes sales agents who are not considered within the paid staff of any establishment in particular) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 4.B. Wholesale Trade Services |  |
| - Wholesale trade of non-food products, including animal feed (CPC 622) (excluding petroleum-based fuels, coal, firearms, cartridges and ammunition) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Commission agents' services (CPC 62113‑62118) | 1), 2) and 3) None  4) Unbound, except as indicated in the Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| -Wholesale trade services of food, beverages and tobacco (CPC 6222) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Wholesale trade services (CPC 622) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 4.C. Retail Trade Services |  |
| - Retail sales of food, beverages and tobacco in specialised establishments (CPC 6310) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Retail sales of food products in supermarkets, self-service stores and shops (CPC 6310) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Retail sales of non-food products in department stores and shops (CPC 632) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Retail sales of motor vehicles, including tyres and spare parts (CPC 61112) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Retail sales of non-food products in specialised establishments (CPC 6329) (excluding retail sales of liquefied fuel gas, charcoal, coal and other non-petroleum-based fuels, paraffin, fuel, and tractor vaporising oil (TVO), gasoline and diesel, firearms, cartridges and ammunition) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Retail sales of non-food products in specialised establishments (limited to gasoline and diesel) (CPC 6329) | 1), 2) and 3) None, except as indicated in Annexes I and II  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 4.D. Franchise Services | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 5. PRIVATE EDUCATION SERVICES |  |
| 5.A. Primary Education Services (CPC 921) | 1) and 2) None  3) None, except that prior authorisation is required from the Ministry of Public Education (Secretaría de Educación Pública) (hereinafter referred to as "SEP") or the regional competent authority  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 5.B. Secondary Education Services (CPC 922) | 1) and 2) None  3) None, except that prior authorisation is required from the SEP or the regional competent authority  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 5.C. Higher Education Services (CPC 923) | 1) and 2) None  3) None, except that prior authorisation is required from the SEP or the regional competent authority  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 5.D. Other Education Services: |  |
| - Language education, special education and commercial training (CPC 9290) | 1) and 2) None  3) None, except that prior authorisation is required from the SEP or the regional competent authority  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 6. ENVIRONMENTAL SERVICES [10](#footnote10) |  |
| 6.A. Sewage Services (CPC 9401) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 6.B. Additional Environmental Services |  |
| - Refuse disposal services (CPC 9402) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Protection of ambient air and climate (CPC 9404) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Noise abatement services (CPC 9405) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Nature and landscape protection services (CPC 9406) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Other environmental protection services (CPC 9409) (limited to environmental impact assessments and consultancy services for environmental protection services) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 6.C. Sanitation Services (CPC 94030) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 8. HEALTH RELATED AND SOCIAL SERVICES |  |
| 8.A. Private Hospital Services (CPC 9311) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 8.B. Other Human Health Services |  |
| - Private services of clinical laboratories auxiliary to medical diagnosis (CPC 93199) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Other private services auxiliary to medical treatment (CPC 93191) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Dental prosthesis laboratory services  (CPC 93123) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 9. TOURISM AND TRAVEL RELATED SERVICES |  |
| 9.A. Hotel and Restaurant Services |  |
| - Hotel services (CPC 6411) | 1), 2) and 3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Motel services (CPC 6412) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Board and lodging in guest houses and furnished accommodation (CPC 64192 and 64193) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Youth hostels and temporary camping facilities (CPC 64194) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Camping facilities for mobile homes (trailer parks) (CPC 64195) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Restaurant services (CPC 642) | 1), 2) and 3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Cabarets and night clubs (CPC 6432) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Canteens, bars and taverns (CPC 6431) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 9.B. Travel Agency and Tour Operator Services (CPC 7471) | 1) and 2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 9.C. Tourist Guide Services (CPC 7472) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 9.D. Other |  |
| - Spa services (CPC 97029) (limited to private services in social, recreational and sports centres, sports clubs, gyms, spas, swimming pools, sports fields, billiards, bowling, horses and bicycles clubs) (excludes boats rental) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Catering services, providing meals to outside (CPC 6423) (excluding services on aircraft and in airports) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Bar services with entertainment (limited to hotels and other lodging places) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Beverage serving services without entertainment (CPC 6431) (except in hotels, other lodging places and other means of transport) | 1) Unbound\*  2) None  3) None, except for the requirement to hold a permit from the central, regional or local competent authority to engage in the activity  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (excluding audiovisual services) |  |
| 10.A. Entertainment Services (CPC 9619) (including theatre, live bands and circus services) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 10.B. News Agency Services (CPC 962) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 10.C. Library, Archive, Museum and Other Cultural Services (CPC 963) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 10.D. Sporting and Other Recreational Services (CPC 964) |  |
| - Sports event organisation services  (CPC 96412) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Sports facility operation services  (CPC 96413) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Other sporting services  (CPC 96419) (limited to services provided by sport and game schools) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Sports event promotion services (CPC 96411) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 11. TRANSPORT SERVICES |  |
| 11.A. Maritime Transport Services |  |
| - International Transport (freight and passengers) (CPC 7211 and 7212), (excluding cabotage transport) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Supporting services for water transport (CPC 745) (includes operation and maintenance of docks; loading and unloading of vessels at shore-side; marine cargo handling; operation and maintenance of piers; ship and boat cleaning; stevedoring; transfer of cargo between ships and trucks, trains, pipelines and wharves; and waterfront terminal operations) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Supporting services for water transport (CPC 745) (limited to maritime port administration, lake and rivers) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Maritime cargo handling services | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Storage and warehousing services (CPC 742) (excluding general bonded warehouses) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Container station and depot services | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Maritime agency services | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Maritime freight forwarding services | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Vessel maintenance and repair services | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 11.C. Air Transport Services |  |
| (e)    Supporting services for air transport |  |
| - Airport and heliport administration services | 1) Unbound  2) None  3) None, except that a concession from the Ministry of Communications and Transport (Secretaría de Comunicaciones y Transportes) is required to operate an airport  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 11.E. Rail Transport Services |  |
| (c)    Pushing or towing services (CPC 7113) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (e)    Supporting services for rail transport services (CPC 743) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 11.F. Road Transport Services |  |
| (d)    Maintenance and repair of road transport equipment |  |
| - Motor vehicle maintenance and repair services (CPC 6112 and 8867) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Other supporting services for road transport (CPC 74490) (limited to main bus and truck terminals and bus and truck stations) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| (e)    Supporting services for road transport (CPC 744) (limited to management services of roads, bridges and auxiliary services) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 11.G. Pipeline Transport  (b)    Transportation of other goods (CPC 7139) limited to non-energy pipelines) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 11.H. Services Auxiliary to All Modes of Transport |  |
| - Weighbridge services for transport purposes (CPC 7490) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Supporting services for air transport | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 11.I. Other Transport Services |  |
| - Tramway transport (CPC 71211) | 1) Unbound  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Subway transport (CPC 71211) | 1) Unbound, except as indicated in the horizontal section  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Rental of commercial freight vehicles with operator (CPC 7124) | 1) Unbound, except as indicated in the horizontal section  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 12. OTHER SERVICES |  |
| - Footwear and leather goods repair services (CPC 63301) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Repair services of electrical household appliances (CPC 63302) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Watches, clock and jewellery repair services (CPC 63303) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Repair and cleaning of headgear (CPC 63304) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Bicycle repair services (CPC 63309) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Locksmiths' services (CPC 63309) | 1) and 2) None  3) None, except that regional and local competent authorities are responsible for authorising these services  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 13. AGRICULTURE, PUBLISHING, MANUFACTURING |  |
| - Agriculture, hunting, forestry and services incidental to agriculture, hunting and forestry (ISIC rev. 3.1 – 01, 02; CPC 881) | 1) Unbound\*  2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Manufacturing (ISIC rev. 3.1. – 15 to 21) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Publishing, printing and reproduction of recorded media (limited to ISIC Rev 3.1. – 2212; CMAP 342001) | 1) Unbound  2) Unbound\*  3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Manufacturing (ISIC rev. 3.1. – 24 to 28). | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Manufacturing (ISIC rev. 3.1. – 24 to 28, 30 to 37). | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Mining of coal and lignite; extraction of peat (ISIC rev. 3.1. – 10) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Mining of metal ores (ISIC rev. 3.1. – 13) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Other mining and quarrying (ISIC rev. 3.1. – 14) | 1), 2) and 3) None  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| 14. ENERGY |  |
| - Oil and other hydrocarbons exploration and production  - Transportation, treatment, refining, processing, storage, distribution, compression, liquefaction, decompression, regasification, sale to the public and commercialisation of hydrocarbons, petroleum products and petrochemicals, as well as to the users of those products and services. | 1), 2) and 3) None, except as indicated in Annexes I and II  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |
| - Electricity | 1), 2) and 3) None, except as indicated in Annexes I and II  4) Unbound, except as indicated in Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) |

\*
   Unbound due to technical unfeasibility.

\*\*
   The specified service constitutes only a part of the total number of activities covered by the corresponding CPC code.

\*\*\*
   The specified service is an element of a bigger CPC code added in another place in the list.

  

Appendix III-B-2

MARKET ACCESS COMMITMENTS

SCHEDULE OF MEXICO

Limitations applicable at Sub-Central Level

Intentionally left blank

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX IV

BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES, INVESTORS AND SHORT-TERM BUSINESS VISITORS

EXPLANATORY NOTES

1.
   The List of a Party to this Annex sets out the commitments which that Party undertakes pursuant to Articles 12.4 (Business Visitors for Establishment Purposes, Intra-Corporate Transferees and Investors) and 12.5 (Short Term Business Visitors).

2.
   The obligations contained in paragraphs 3 and 4 of Article 12.4 (Business Visitors for Establishment Purposes, Intra-Corporate Transferees and Investors) and Article 12.5 (Short Term Business Visitors) do not apply to the existing non‑conforming measures listed in the List of a Party to this Annex, to the extent of the non‑conformity.

3.
   A measure listed in the List of a Party to this Annex may be maintained, promptly renewed or amended, provided that the amendment does not decrease the conformity of the measure with the obligations contained in paragraphs 3 and 4 of Article 12.4 (Business Visitors for Establishment Purposes, Intra-Corporate Transferees and Investors) and Article 12.5 (Short Term Business Visitors), as it existed immediately before the amendment.
[11](#footnote11)

  

4.
   Commitments for business visitors for establishment purposes, intra-corporate transferees, investors and short-term business visitors do not apply in cases where the intent or effect of their temporary presence is to interfere with, or otherwise affect the outcome of, any labour or management dispute or negotiation.

5.
   To the extent that commitments are not undertaken pursuant to Chapter 12 (Temporary Presence of Natural Persons for Business Purposes), the laws and regulations of the Parties regarding entry and temporary stay continue to apply, including those concerning period of stay.

6.
   Notwithstanding Chapter 12 (Temporary Presence of Natural Persons for Business Purposes), the laws and regulations of the Parties regarding employment and social security measures shall continue to apply, including those concerning minimum wages as well as collective wage agreements.

7.
   The List of a Party does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures that do not constitute a national treatment limitation within the meaning of Articles 10.7 (National Treatment) or 11.6 (National Treatment), or a market access limitation within the meaning of Articles 10.6 (Market Access) or 11.4 (Market Access). Those measures, such as the requirement to obtain a licence, universal service obligations, the requirement to have recognised qualifications in regulated sectors, the requirement to pass specific examinations which may include language examinations, and any non-discriminatory requirements that certain activities shall not be carried out in protected zones or areas, even if not listed, apply in any case.

8.
   The following abbreviations are used in the List of the European Union:

AT
   Austria

BE
   Belgium
[12](#footnote12)

BG
   Bulgaria

CY
   Cyprus

CZ
   Czechia

DE
   Germany

DK
   Denmark

EE
   Estonia

EL
   Greece

ES
   Spain

  

EU
   European Union, including all its Member States

FI
   Finland
[13](#footnote13)

FR
   France

HR
   Croatia

HU
   Hungary

IE
   Ireland

IT
   Italy

LT
   Lithuania

LU
   Luxembourg

LV
   Latvia

MT
   Malta

NL
   Netherlands

  

PL
   Poland

PT
   Portugal

RO
   Romania

SE
   Sweden

SI
   Slovenia

SK
   Slovakia

9.
   For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural persons or enterprises of Mexico the treatment granted in a Member State to natural persons or enterprises of another Member State pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"), or to any measure adopted pursuant to that Treaty, including their implementation in the Member States. Pursuant to the TFEU, that treatment is granted only to enterprises constituted or organised in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union, including those enterprises established within the European Union which are owned or controlled by natural persons or enterprises of Mexico.

Appendix IV-A

BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, 
  
INTRA-CORPORATE TRANSFEREES AND SHORT-TERM BUSINESS VISITORS

LIST OF THE EU

1.
   Business Visitors for Establishment Purposes

|  |  |
| --- | --- |
| IV-EU-1  All sectors | In AT and CZ: Business visitors for establishment purposes must be employed by an enterprise other than a non‑profit organisation.  In SK: Business visitors for establishment purposes must be employed by an enterprise other than a non‑profit organisation. Work permit required, including economic needs test.  In CY: Permissible length of stay: up to 90 days in any 12-month period. Business visitors must be employed by an enterprise other than a non‑profit organisation. |

  

2.
   Intra‑Corporate Transferees

|  |  |
| --- | --- |
| IV-EU-2  All sectors | In EU: Intra-corporate transferees must have been employed by an enterprise of a Party or have been partners in an enterprise of a Party for at least one year. They must reside outside the territory of the EU at the time of application for an intra-corporate transferee permit.  In EU: In assessing specialists' specialised knowledge, account shall be taken of knowledge specific to the enterprise, whether the person has a high level of qualification, including adequate professional experience referring to a type of work or activity requiring specific technical knowledge, and their possible membership of an accredited profession.  In EU: Trainee employees must be paid during the transfer.  In AT, CZ and SK: Intra‑corporate transferees must be employed by an enterprise other than a non‑profit organisation.  In CY: The number of foreign natural persons employed within a CY enterprise shall not exceed 10 % of the average annual number of citizens of the EU employed by the respective CY enterprise. For small and medium enterprises, the number of foreign personnel under this category may be subject to authorisation.  In FI: Senior personnel must be be employed by an enterprise other than a non‑profit organisation.  In HU: Natural persons who have been a partner in an enterprise shall not qualify to be transferred as intra‑corporate transferees.  In LT: Maximum length of stay: three years. |

  

3.
   Short‑term business visitors

|  |  |
| --- | --- |
| IV-EU-3  All activities below | In EU: Permissible length of stay: up to 90 days within any six-month period.  In CY, DK and HR: Work permit, including economic needs test, required in case short‑term business visitors provide a service in the territory of CY, DK or HR, respectively.  In LV: Work permit required for operations or activities to be performed on the basis of a contract.  In MT: Work permit required. No economic needs tests performed.  In SK: In case of providing a service in the territory of SK, a work permit, including economic needs test, is required beyond seven days in any given month or 30 days in any given calendar year. |
| IV-EU-4  Business Sellers | In AT and CY: Work permit, including economic needs test, required for activities beyond seven days in any given month or 30 days in any given calendar year.  In FI: Natural persons need to be providing services as an employee of an enterprise located in the territory of the other Party. |
| IV-EU-5  Installers and Maintainers | In AT: Work permit required, including economic needs test. Economic needs test is waived for natural persons training workers to perform services and possessing specialised knowledge.  In BE: Work permit is required beyond eight days. For the construction sector, a work permit is always required.  In CZ: Work permit is required beyond seven days in any given month or 30 days in any given calendar year.  In DE: Installers and maintainers shall be employees of a juridical person of the supplying party.  In DK: Installers and maintainers should be employed in the company which delivers the imported product and be paid by that company. If they are employed in another company, the company delivering the product must have signed a contract with that company about the installation of the product. The category of installers and maintainers does not cover general building, construction and construction-related work.  In EE: Installers and maintainers must be employed as such by the juridical person supplying the good or service for at least one year immediately preceding the date of submission of an application for entry and they must possess at least three years of relevant professional experience, obtained after the age of majority. |
|  | In ES: Installers and maintainers must be employed as such by the juridical person supplying the good or service or by a subsidiary of the group for at least three months immediately preceding the date of submission of an application for entry and they must possess at least three years of relevant professional experience, where applicable, obtained after the age of majority. Access accorded to installers and maintainers under the provisions of this Agreement relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title. The number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be requested by national laws, regulations or other legal requirements.  In FI: Depending on the activity, a residence permit may be required.  In NL: Work permit required, including economic needs test.  In SE: Work permit required, except for (i) people who participate in training, testing, preparation or completion of deliveries, or similar activities within the framework of a business transaction, or (ii) fitters or technical instructors in connection with urgent installation or repair of machinery for up to two months, in the context of an emergency. No economic needs test performed.  In SI: A single residency and work permit is required for the provision of services exceeding 14 days at a time. |

Appendix IV-B

BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES, INVESTORS AND SHORT-TERM BUSINESS VISITORS

LIST OF MEXICO

Business Visitors for Establishment Purposes and Short Term Business Visitors

1.
   For the purposes of this category:

(a)
   "business activities" means those legitimate activities of a commercial nature created and operated in order to obtain profits in the market. It does not include the possibility to get employment, temporary or permanent residence, salary or any remuneration from a labour source located within the territory of Mexico.

(b)
   "business person" means a national of the European Union who enters the territory of Mexico, without the purpose of establishing temporary or permanent residence, to:

(i)
   commercially trade goods or provide services;

  

(ii)
   establish, develop or manage a covered enterprise;

(iii)
   conduct business contacts and negotiations for the sale of goods and services, or similar activities;

(iv)
   provide specialised services for installation, repair, maintenance, supervision or training of workers, previously agreed or considered in a contract of technology transfer, patents and trademarks, the sale of commercial or industrial equipment or machinery, or any other production process of an enterprise established in the territory of a Party, during the term of the guarantee contract, sale or service;

(v)
   attend assemblies or sessions of the board of directors of a legally established enterprise in Mexico; or

(vi)
   promote goods or services, advise clients, receive orders, negotiate contracts and exhibit, participate or attend congresses, fairs, conventions or similar.

2.
   The sole fact that Mexico grants temporary entry to a business person pursuant to Chapter 12 (Temporary Presence of Natural Persons for Business Purposes) shall not be construed to exempt that business person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practise a profession or otherwise engage in business activities.

  

3.
   List of reservations

|  |  |
| --- | --- |
| Sector or Subsector | Conditions and Limitations    (including length of stay) |
| All sectors | For the purposes of temporary entry, Mexico shall grant a stay up to 180 days. |

  

Intra-Corporate Transferees

1.
   For the purposes of this category:

(a)
   "executive activities" means organisational activities under which a person has the following responsibilities:

(i)
   managing the enterprise, a section of it or perform a relevant function within it;

(ii)
   establishing policies and setting objectives of the enterprise; or

(iii)
   reporting to and being supervised by the director general, the board of directors or the shareholders of the enterprise.

(b)
   "managerial activities" means organisational activities under which a person has the following responsibilities:

(i)
   directing the enterprise or perform an essential function within it;

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

  

(iii)
   performing functions at the higher level within the organisational hierarchy; or

(iv)
   executing actions regarding the daily operation of the function over which that person has the authority.

(c)
   "specialists activities" means activities involving a specialised knowledge of the enterprise's products or services and their application in international markets, or an advanced level of expertise or knowledge of the enterprise's processes and procedures.

2.
   List of reservations

|  |  |
| --- | --- |
| Sector or Subsector | Conditions and Limitations    (including length of stay) |
| All sectors | For the purposes of temporary entry, Mexico shall grant a stay of one year, which may be extended three times for one year each time.  Mexico shall grant temporary entry and stay to spouses of European Union intra-corporate transferees. Mexico shall grant a work permit to spouses of European Union intra-corporate transferees, subject to prior employment offer in conformity to Mexican law. |

Investors

List of reservations

|  |  |
| --- | --- |
| Sector or Subsectors | Conditions and Limitations    (including length of stay) |
| All sectors | For the purposes of temporary entry, Mexico shall grant a stay of one year, which may be extended three times for one year each time.  Mexico shall grant temporary entry and stay to spouses of European Union investors. Mexico shall grant a work permit to spouses of European Union investors, subject to prior employment offer in accordance with Mexican law. |

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX V

CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS

EXPLANATORY NOTES

1.
   The List of a Party to this Annex sets out the commitments which that Party undertakes pursuant to Articles 12.6 (Contractual Service Suppliers) and 12.7 (Independent Professionals).

2.
   For the purposes of this Annex, "CPC" means Central Products Classification numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991.

3.
   The List of a Party is composed of the following elements:

(a)
   a first column, which indicates the sector or subsector in which commitments are undertaken with regard to contractual service suppliers or independent professionals; and

(b)
   a second column, which describes the applicable limitations. "Unbound" specifies the absence of commitments.

  

4.
   The Parties do not undertake any commitment for contractual service suppliers and independent professionals in economic activities which are not listed in this Annex.

5.
   Commitments for contractual service suppliers and independent professionals do not apply in cases where the intent or effect of their temporary presence is to interfere with, or otherwise affect the outcome of, any labour or management dispute or negotiation.

6.
   To the extent that commitments are not undertaken pursuant to Chapter 12 (Temporary Presence of Natural Persons for Business Purposes), the laws and regulations of the Parties regarding entry and temporary stay continue to apply, including those concerning period of stay.

7.
   Notwithstanding Chapter 12 (Temporary Presence of Natural Persons for Business Purposes), the laws and regulations of the Parties regarding employment and social security measures continue to apply, including those concerning minimum wages as well as collective wage agreements.

8.
   The List of a Party does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures that do not constitute a national treatment limitation within the meaning of Articles 10.7 (National Treatment) or 11.6 (National Treatment), or a market access limitation within the meaning of Articles 10.6 (Market Access) or 11.4 (Market Access). Those measures, such as the requirement to obtain a licence, universal service obligations, the requirement to have recognised qualifications in regulated sectors, the requirement to pass specific examinations which may include language examinations, and any non-discriminatory requirements that certain activities shall not be carried out in protected zones or areas, even if not listed, apply in any case.

  

9.
   In the sectors where the European Union applies economic needs tests, their main criterion shall be the assessment of 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, existing services suppliers.

10.
   The following abbreviations are used in the List of the European Union:

AT
   Austria

BE
   Belgium
[14](#footnote14)

BG
   Bulgaria

CSS
   Contractual Service Suppliers

CY
   Cyprus

CZ
   Czechia

DE
   Germany

  

DK
   Denmark

EE
   Estonia

EEA
   European Economic Area

EL
   Greece

ES
   Spain

EU
   European Union, including all its Member States

FI
   Finland
[15](#footnote15)

FR
   France

HR
   Croatia

HU
   Hungary

IE
   Ireland

IP
   Independent Professionals

  

IT
   Italy

LT
   Lithuania

LU
   Luxembourg

LV
   Latvia

MT
   Malta

NL
   Netherlands

PL
   Poland

PT
   Portugal

RO
   Romania

SE
   Sweden

  

SI
   Slovenia

SK
   Slovakia

11.
   For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural persons or enterprises of Mexico the treatment granted in a Member State to natural persons or enterprises of another Member State pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"), or to any measure adopted pursuant to that Treaty, including their implementation in the Member States. Pursuant to the TFEU, that treatment is granted only to enterprises constituted or organised in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union, including those enterprises established within the European Union which are owned or controlled by natural persons or enterprises of Mexico.

  

Appendix V-A

CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS

LIST OF THE EU

Contractual Service Suppliers (CSS)

1.
   Subject to the conditions in paragraph 2 and the list of reservations in paragraph 9, the EU undertakes commitments in accordance with Article 12.6 (Contractual Service Suppliers) with respect to this category in the following sectors and subsectors:

(a)
   legal services;
[16](#footnote16)

(b)
   accounting and bookkeeping services;

(c)
   taxation advisory services;

(d)
   architectural services and urban planning and landscape architectural services;

(e)
   engineering services and integrated engineering services;

  

(f)
   computer and related services;

(g)
   research and development services;

(h)
   advertising services;

(i)
   management consulting services;

(j)
   services related to management consulting;

(k)
   technical testing and analysis services;

(l)
   related scientific and technical consulting services;

(m)
   maintenance and repair of equipment in the context of an after-sales or after-lease services contract;

(n)
   translation services;

(o)
   construction services;

(p)
   site investigation work;

  

(q)
   higher education services;

(r)
   environmental services; and

(s)
   travel agencies and tour operators' services.

2.
   CSS shall comply with the following conditions:

(a)
   natural persons must be engaged in the supply of a service on a temporary basis as employees of an enterprise which has obtained a service contract not exceeding 12 months;

(b)
   natural persons entering the EU must have been offering those services as employees of the enterprise supplying the services during at least the year immediately preceding the date of submission of an application for entry into the EU; in addition, natural persons must possess, at the date of submission of an application for entry into the EU, at least three years of professional experience
[17](#footnote17)
 in the sector of activity which is the subject of the contract;

(c)
   natural persons entering the EU must possess:

(i)
   a university degree or a qualification demonstrating knowledge of an equivalent level;
[18](#footnote18)
 and

  

(ii)
   professional qualifications to exercise an activity if this is required by the law of the Member State where the service is supplied;

(d)
   naturals persons must not receive remuneration for the provision of services in the territory of the EU other than the remuneration paid by the enterprise employing the natural person; and

(e)
   the number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be requested by the law of the Member State where the service is supplied.

3.
   Access accorded pursuant to Article 12.6 (Contractual Service Suppliers) relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Member State where the service is supplied.

4.
   The permissible length of stay of contractual service suppliers is for a cumulative period of no more than 12 months, with extensions possible at the discretion of the EU and its Member States, in any 24-month period or for the duration of the contract, whichever is shorter.

  

Independent Professionals (IP)

5.
   Subject to the conditions in paragraph 6 and the list of reservations in paragraph 9, the EU undertakes commitments in accordance with Article 12.7 (Independent Professionals) with respect to this category in the following sectors and subsectors:

(a)
   legal services;
[19](#footnote19)

(b)
   architectural services and urban planning and landscape architectural services;

(c)
   engineering services and integrated engineering services;

(d)
   computer and related services;

(e)
   management consulting services;

(h)
   services related to management consulting; and

(i)
   translation services.

  

6.
   IP shall comply with the following conditions:

(a)
   natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in Mexico and must have obtained a service contract for a period not exceeding 12 months;

(b)
   natural persons entering the EU must possess, at the date of submission of an application for entry into the EU, at least six years of professional experience in the sector of activity which is the subject of the contract;

(c)
   natural persons entering the EU must possess:

(i)
   a university degree or qualification demonstrating knowledge of an equivalent level;
[20](#footnote20)
 and

(ii)
   professional qualifications to exercise an activity if this is a requirement of the Member State where the service is supplied.

7.
   Access accorded pursuant to Article 12.7 (Independent Professionals) relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Member State where the service is supplied.

  

8.
   The permissible length of stay of independent professionals is for a cumulative period of no more than 12 months, with extensions possible at the discretion of the EU and its Member States, in any 24-month period or for the duration of the contract, whichever is shorter.

9.
   List of reservations

|  |  |
| --- | --- |
| Sector or subsector | Description of reservations |
| V-EU-1  EU – All sectors | Length of stay  In AT: Maximum stay for CSS and IP shall be for a cumulative period of not more than six months in any 12-month period or for the duration of the contract, whichever is shorter.  In CY: Maximum stay for CSS and IP shall be for a period of six months renewable once for an additional period of six months or for the duration of the contract, whichever is shorter.  In BE, CZ, LT, MT and PT: Maximum stay for CSS and IP shall be for a period of not more than 12 consecutive months or for the duration of the contract, whichever is shorter. |
| V-EU-2  Legal advisory services in respect of public international law and foreign law  (part of CPC 861) | CSS:  In BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI and SK: Economic needs test.  IP:  In BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI and SK: Economic needs tests. |
| V-EU-3  Accounting and bookkeeping services  (CPC 86212 other than auditing services, 86213, 86219 and 86220) | CSS:  In BG, CZ, CY, DK, EL, FI, FR, HU, LT, LV, MT, RO and SK: Economic needs test. |
| V-EU-4  Taxation services  (CPC 863) [21](#footnote21) | CSS:  In BG, CY, CZ, DK, EL, FI, HU, LT, LV, MT, RO and SK: Economic needs test.  In PT: Unbound. |
| V-EU-5  Architectural services  and  urban planning and landscape architectural services  (CPC 8671 and 8674) | CSS:  In AT (planning services only): Economic needs test.  In BG, CZ, DE, HU, LT, LV, RO and SK: Economic needs test.  In DK: Economic needs test, except for CSS stays of up to three months.  In FI: Natural persons must demonstrate that they possess special knowledge relevant to the service being supplied.  IP:  In AT (Planning services only): Economic needs test.  In BE, BG, CZ, DK, ES, HU, IT, LT, RO and SK: Economic needs test.  In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied. |
| V-EU-6  Engineering services  and  integrated engineering services  (CPC 8672 and 8673) | CSS:  In AT (Planning services only): Economic needs test.  In BG, CZ, DE, LT, LV, RO and SK: Economic needs test.  In DK: Economic needs test, except for CSS stays of up to three months.  In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied.  In HU: Economic needs test.  IP:  In AT (Planning services only): Economic needs test.  In BE, BG, CZ, DK, ES, IT, LT, RO and SK: Economic needs test.  In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied.  In HU: Economic needs test. |
| V-EU-7  Computer and related services  (CPC 84) | CSS:  In AT, BG, CZ, CY, HU, LT, RO and SK: Economic needs test.  In DK: Economic needs test except for CSS stays of up to three months.  In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied.  IP:  In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, RO and SK: Economic needs test.  In FI: The natural person must demonstrate that they possess special knowledge relevant to the service being supplied.  In HR: Unbound. |
| V-EU-8  Research and development services  (CPC 851, 852 excluding psychologists services [22](#footnote22) , and 853) | CSS:  EU except in NL and SE: A hosting agreement with an approved research organisation is required. [23](#footnote23)  In CZ, DK, SK: Economic needs test. |
| V-EU-9  Advertising services  (CPC 871) | CSS:  In AT, BG, CY, CZ, DK, EL, FI, HU, LT, LV, MT, RO and SK: Economic needs test. |
| V-EU-10  Management consulting services  (CPC 865) | CSS:  In AT, BG, CZ, CY, HU, LT, RO and SK: Economic needs test.  In DK: Economic needs test, except for CSS stays of up to three months.  IP:  In AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO and SK: Economic needs test. |
| V-EU-11  Services related to management consulting  (CPC 866) | CSS:  In AT, BG, CY, CZ, LT, RO and SK: Economic needs test.  In DK: Economic needs test, except for CSS stays of up to three months.  In HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), in which case: Unbound. |
| V-EU-12  Technical testing and analysis services  (CPC 8676) | CSS:  In AT, BG, CZ, CY, FI, HU, LT, LV, MT, PT, RO and SK: Economic needs test.  In DK: Economic needs test, except for CSS stays of up to three months. |
| V-EU-13  Related scientific and technical consulting services  (CPC 8675) | CSS:  In AT, CZ, CY, DE, DK, FI, HU, LT, LV, MT, PT, RO and SK: Economic needs test.  In BG: Unbound.  In DE (Publicly appointed surveyors): Unbound.  In FR: (Surveying operations relating to the establishment of property rights and to land law): Unbound. |
| V-EU-14  Maintenance and repair of metal products, of (non‑office) machinery, of (non-transport and non‑office) equipment and of personal and household goods [24](#footnote24)  in the context of an after-sales or after‑lease services contract  (CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866) | CSS:  In AT, BG, CZ, CY, DE, DK, HU, IE, LT, RO and SK: Economic needs test.  In FI: Unbound, except in the context of an after‑sales or after‑lease contract, in which case the length of stay is limited to six months. Maintenance and repair of personal and household goods (CPC 633): Economic needs test. |
| V-EU-15  Translation services  (CPC 87905, excluding official or certified activities) | CSS:  In AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO and SK: Economic needs test.  IP:  In AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO and SK: Economic needs test.  In HR: Unbound. |
| V-EU-16  Construction and related engineering services  (CPC 511, 512, 513, 514, 515, 516, 517 and 518. BG: CPC 512, 5131, 5132, 5135, 514, 5161, 5162, 51641, 51643, 51644, 5165 and 517) | CSS:  EU: Unbound except in BE, CZ, DK, ES, FR, NL and SE.  In CZ: Economic needs test.  In FR: Unbound, except for technicians, if: The work permit is delivered for a period not exceeding six months. Compliance with an economic needs test is required. |
| V-EU-17  Site investigation work  (CPC 5111) | CSS:  In AT, BG, CZ, CY, FI, HU, LT, LV, RO and SK: Economic needs test.  In DK: Economic needs test, except for stays of up to three months. |
| V-EU-18  Higher education services  (CPC 923) | CSS:  EU except in LU, SE: Unbound.  In LU: Unbound, except for university professors, in which case none.  In SE: (Publicly funded and privately funded educational services suppliers with some form of State support): Unbound. |
| V-EU-19  Environmental services  (CPC 9401, 9402, 9403, 9404, part of 94060, 9405, part of 9406 and 9409) | CSS:  In AT, BG, CZ, CY, DE, DK, EL, HU, LT, LV, RO and SK: Economic needs test. |
| V-EU-20  Travel agency and tour operator services (CPC 7471 including tour managers [25](#footnote25) ) | CSS:  In BE, IE: Unbound, except for tour managers, in which case none.  In BG, EL, FI, HU, LT, LV, MT, PT, RO and SK: Economic needs test.  In DK: Economic needs test, except for stays of up to three months. |

  

Appendix V-B

CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS

LIST OF MEXICO

Contractual Service Suppliers

1.
   This category also includes professionals and technician professionals.

2.
   For the purposes of this category:

(a)
   "professional" means a natural person who is engaged in a specialty occupation requiring:

(i)
   theoretical and practical application of a body of specialised knowledge; and

(ii)
   attainment of a post-secondary degree for entry into the occupation;

(b)
   "technician professional" means a professional who has:

(i)
   theoretical and practical application of a body of specialised knowledge; and

  

(ii)
   attained a post-secondary technical degree for entry into the occupation.

3.
   List of reservations

|  |  |
| --- | --- |
| Sector or Subsector | Conditions and Limitations    (including length of stay) |
| All sectors | 1.    For the purposes of temporary entry, Mexico shall grant a stay of one year, which may be extended three times for one year each time.  2.    Mexico shall grant temporary entry and provide confirming documentation to a business person seeking to engage in a business activity at a professional level or technician professional, based on a work contract, provided the following are submitted:  (a)    documentation demonstrating that the business person shall be so engaged and describing the purpose of entry; and  (b)    documentation demonstrating that the business person has the minimal academic requirements or alternative academic degrees or certificates.  3.    For greater certainty, the temporary entry of a professional or technician professional shall not imply the recognition of academic degrees or certificates, or the granting of licenses for professional practice.  4.    This category is subject to a remunerated employment offer in Mexico. |
|  | 5.    The following occupations or activities shall be granted temporary entry in the category of technician professional:  (a)    designing and advertising;  (b)    architecture and interior design;  (c)    accounting and management;  (d)    tourism and gastronomy;  (e)    systems and computing;  (f)    engineering;  (g)    health (includes technical nursing, pharmacy and physiotherapy);  (h)    construction;  (i)    electricity and communication;  (j)    industrial production; and  (k)    maintenance and repair of machinery and equipment (includes maintenance and repair of all types of vehicles, vessels and aircraft), provided that the technician professional is not part of the staff that manned any vessel or aircraft flying the flag or displaying Mexican merchant logo.  Mexico shall grant temporary entry and stay to spouses of European Union contractual service suppliers, European Union professionals and European Union technician professionals. Mexico shall grant a work permit to spouses of European Union contractual service suppliers, European Union professionals and European Union technician professionals, subject to prior employment offer in accordance with Mexican law. |

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX VI

FINANCIAL SERVICES

EXPLANATORY NOTES

1.
   The List of a Party to this Annex sets out:

(a)
   in Section A, pursuant to paragraph 1 of Article 18.12 (Reservations and Non-Conforming Measures), the existing measures of that Party that do not conform to the obligations set out in the following provisions:

(i)
   18.3 (National Treatment);

(ii)
   18.4 (Most-Favoured-Nation Treatment);

(iii)
   18.5 (Market Access);

(iv)
   18.6 (Senior Management and Board of Directors); or

(v)
   18.7 (Cross-Border Trade in Financial Services); and

  

(b)
   in Section B, pursuant to paragraph 2 of Article 18.12 (Reservations and Non-Conforming Measures), the specific sectors, subsectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform to the obligations set out in the following provisions:

(i)
   18.3 (National Treatment);

(ii)
   18.4 (Most-Favoured-Nation Treatment);

(iii)
   18.5 (Market Access);

(iv)
   18.6 (Senior Management and Board of Directors); or

(v)
   18.7 (Cross-Border Trade in Financial Services).

2.
   The List of a Party is without prejudice to the rights and obligations of the Parties under GATS.

3.
   Each entry in Section A of the List of a Party sets out the following elements:

(a)
   "sector" refers to the general sector in which the entry is made;

  

(b)
   "subsector" refers to the specific sector in which the entry is made;

(c)
   "obligations concerned" specifies the obligations referred to in subparagraph 1(a) that, pursuant to paragraph 1 of Article 18.12 (Reservations and Non-Conforming Measures), do not apply to the measures listed in the entry;

(d)
   "level of Government" indicates the level of government maintaining the specified measures;

(e)
   "measures" identifies the laws, regulations or other measures for which the entry is made. A measure cited in the "measures" element:

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

(ii)
   includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(iii)
   includes, for the European Union directives, any laws, regulations or other measures which implement the relevant directive at Member State level; and

(f)
   "Description" either sets out the non-conforming aspects of the existing measure or provides a general non-binding description of the measure for which the entry is made.

  

4.
   In the interpretation of an entry in Section A, all elements of that entry shall be considered. The "measure" element shall prevail over all other elements.

5.
   Each entry in Section B of the List in sets out the following elements:

(a)
   "sector" refers to the general sector in which the entry is made;

(b)
   "subsector" refers to the specific sector in which the entry is made;

(c)
   "obligations concerned" specifies the obligations referred to in subparagraph 1(b) that, pursuant to paragraph 2 of Article 18.12 (Reservations and Non-Conforming Measures), do not apply to the sectors, subsectors or activities listed in the entry;

(d)
   "Level of Government" indicates the level of government maintaining the specified measures;

(e)
   "Description" sets out the scope of the sector, subsector or activities covered by the reservation; and

(f)
   "Existing Measures", if specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sector, subsector or activities covered by the reservation.

  

6.
   In the interpretation of an entry in Section B, all elements of that entry shall be considered. The "description" element shall prevail over all other elements.

7.
   The listing of a reservation in Section A or B does not mean that it cannot otherwise be justified as a measure adopted or maintained for prudential reasons pursuant to Article 18.13 (Prudential Carve-Out).

8.
   A reservation maintained at the level of the European Union applies to a measure of the European Union and of a Member State at the national level as well as to a measure of a government within a Member State, unless the reservation excludes a Member State.

9.
   A reservation maintained at the national level of Mexico or of a Member State applies to a measure of a government at the central, regional or local level within that country.

10.
   For greater certainty, a measure adopted or maintained in accordance with Article 18.18 (Domestic Regulation and Transparency) which conforms to the obligations set out in Articles 18.3 (National Treatment), 18.4 (Most-Favoured-Nation Treatment), 18.5 (Market Access), 18.6 (Senior Management and Board of Directors), or 18.7 (Cross Border Trade in Financial Services), does not need to be listed in the List of a Party.

11.
   For greater certainty, "limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment" do not constitute a limitation to Article 18.5 (Market Access).

  

12.
   The following abbreviations are used in the List of the European Union:

AT
   Austria

BE
   Belgium
[26](#footnote26)

BG
   Bulgaria

CY
   Cyprus

CZ
   Czechia

DE
   Germany

DK
   Denmark

EE
   Estonia

EL
   Greece

ES
   Spain

  

EU
   European Union, including all its Member States

FI
   Finland
[27](#footnote27)

FR
   France

HR
   Croatia

HU
   Hungary

IE
   Ireland

IT
   Italy

LT
   Lithuania

LU
   Luxembourg

LV
   Latvia

MT
   Malta

NL
   Netherlands

  

PL
   Poland

PT
   Portugal

RO
   Romania

SE
   Sweden

SI
   Slovenia

SK
   Slovakia

13.
   For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural persons or enterprises of Mexico the treatment granted in a Member State to natural persons or enterprises of another Member State pursuant to the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"), or to any measure adopted pursuant to that Treaty, including their implementation in the Member States. Pursuant to the TFEU, that treatment is granted only to enterprises constituted or organised in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union, including those enterprises established within the European Union which are owned or controlled by natural persons or enterprises of Mexico.

14.
   For greater certainty, for the purposes of the List of Mexico, the terms "Nation" and "State" mean Mexico.

  

Appendix VI-A

RESERVATIONS FOR FINANCIAL SERVICES

LIST OF THE EU

(applicable in all Member States unless otherwise indicated)

SECTION A

VI-EU-A-1

Sector:
   Financial Services

Subsector:
   Insurance

Obligations Concerned:
   National Treatment (Article 18.3)

Senior Management and Board of Directors (Article 18.6)

Cross-Border Trade in Financial Services (Article 18.7)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

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 (no branches).

The promoters and shareholders of pension insurance companies may be non-resident legal persons, registered as a social insurance, commercial insurance or other financial institution under the law of the Member State of those non-resident legal persons, if they present bank references from a first‑class foreign bank confirmed by the Bulgarian National Bank. Non-resident natural persons cannot be promoters and shareholders of pension insurance companies.

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.

The chairperson of the management board, the chairperson of the board of directors, the executive director and the managerial agent have to have a permanent address or hold a long-term residence permit in BG.

Measures:

BG: Social Insurance Code, Articles 120a to 162, 209 to 253 and 260 to 310.

VI-EU-A-2

Sector:
   Financial Services

Subsector:
   Insurance

Obligations Concerned:
   National Treatment (Article 18.3)

Senior Management and Board of Directors (Article 18.6)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

In AT: In order to obtain a licence to open a branch office, foreign insurers shall have a legal form corresponding or comparable to a joint stock company or a mutual insurance association in their home country.

The management of a branch office shall consist of at least two natural persons resident in AT.

In BG: Before establishing a branch or agency to provide insurance, a foreign insurer or re-insurer 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.

  

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.

Measures:

AT: Insurance Supervision Act (Versicherungsaufsichtsgesetz, VAG), §5 (1) 3.

BG: Insurance Code, Articles 12, 56 to 63, 65, 66 and paragraph 4 of Article 80.

  

VI-EU-A-3

Sector:
   Financial Services

Subsector:
   Insurance

Obligations Concerned:
   National Treatment (Article 18.3)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

In ES: Before establishing a branch or agency in ES, in order to provide certain classes of insurance, a foreign insurer has to 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 companies need to demonstrate prior operational experience of at least five years.

In PT, ES and BG: Direct branching is not permitted for insurance intermediation, which is reserved to companies established in accordance with the law of a Member State.

  

In SE: Insurance mediation undertakings not incorporated in the EU may be established only through a branch.

Measures:

BG: Insurance Code, Articles 12, 56 to 63, 65, 66 and paragraph 4 of Article 80.

ES: Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y Reaseguradoras (RD 1060/2015, Article 36.

PT: Decree-Law 94-B/98 Article 7 and Section VI of Chapter I, Decree-Law 144/2006, paragraphs 6 and 7 of Article 34 and Article 7.

  

VI-EU-A-4

Sector:
   Financial Services

Subsector:
   Insurance

Obligations Concerned:
   Cross-Border Trade in Financial Services (Article 18.7)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

In DE and LT: The supply of direct insurance services by insurance companies not established in the EU requires the setting up and authorisation of a branch.

Measures

DE: §§67 to 69 of Insurance Supervision Act (Versicherungsaufsichtsgesetz, VAG) for all insurance services which implements Solvency 2; in connection with §105 of Luftverkehrs-Zulassungs-Ordnung (LuftVZO) only for compulsory air liability insurance.

LT: Law on Insurance, 18 of September, 2003, No IX-1737, last amendment on 15 of December 2016; and Law No. XIII-98.

  

VI-EU-A-5

Sector:
   Financial Services

Subsector:
   Insurance

Obligations Concerned:
   Market Access (Article 18.5)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

In EL: The right of establishment does not permit the creation of representative offices or other permanent presence of insurance companies, except if those offices are established as agencies, branches or head offices.

In PL: Local incorporation (no branches) is required for insurance intermediaries.

Measures:

EL: Legislative Decree 400/1970.

PL: Act on Insurance Activity of May 22, 2003; and

Act on Insurance Mediation of May 22, 2003 (Journal of Laws 2003, No 124, item 1154), Articles 16 and 31.

  

VI-EU-A-6

Sector:
   Financial Services

Sub-sector:
   Banking and other financial services

Obligations Concerned:
   Market Access (Article 18.5)

Cross-Border Trade in Financial Services (Article 18.7)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

In IT: In order to be authorised to operate the securities settlement system or to provide central securities depository services with an establishment in IT, a company is required to be incorporated in IT (no branches).

In the case of collective investment schemes other than undertakings for collective investment in transferable securities (hereinafter referred to as, "UCITS") harmonised under EU legislation, the trustee or depository is required to be established in IT or in another Member State and have a branch in IT.

  

Management enterprises of investment funds not harmonised under EU legislation are also required to be incorporated in IT (no branches).

Only banks, insurance enterprises, investment firms and enterprises managing UCITS harmonised under EU Law having their legal head office in the EU, as well as UCITS incorporated in IT, 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-EU 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).

Measures:

IT: Legislative Decree 58/1998, Articles 1, 19, 28, 30 to 33, 38, 69 and 80;

Joint Regulation of Bank of Italy and Consob of 22 February1998, Articles 3 and 41;

Regulation of Bank of Italy of 25 January 2005, Title V, Chapter VII, Section II;

Consob Regulation 16190 of 29.10.2007, Articles 17 to 21, 78 to 81, 91 to 111; and subject to:

Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories (CSDR), Article 69(4).

  

VI-EU-A-7

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   National Treatment (Article 18.3)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

In BG: The financial institution shall have its main business in the territory of BG.

In HU: Branches of non-EEA investment fund management companies shall not engage in the management of EU investment funds and shall not provide asset management services to private pension funds.

Measures:

BG: Law of Credit Institutions, Article 3a;

Code of Social Insurance, Article 121e; and

  

Currency Law, Article 3.

HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and

Act CXX of 2001 on the Capital Market.

  

VI-EU-A-8

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   Senior Management and Board of Directors (Article 18.6)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

In BG: А bank shall be managed and represented jointly by at least two natural persons, at least one of whom shall be proficient in Bulgarian. The natural persons who manage and represent the bank shall be personally present at its management address.

In HU: The board of directors of a credit institution shall have at least two members who are residents of HU according to foreign exchange regulations and having had prior permanent residence in HU for at least one year.

In SE: A founder of a savings bank shall be a natural person resident in the EEA.

  

Measures:

BG: Law of Credit Institutions, Article 10;

Code of Social Insurance, Article 121e; and

Currency Law, Article 3.

HU: Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and

Act CXX of 2001 on the Capital Market.

SE: Savings Bank Act (Sparbankslagen) (1987:619), Chapter 2, § 1, second paragraph.

  

VI-EU-A-9

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   National Treatment (Article 18.3)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

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-EU countries is not permitted.

In RO: Market operators are legal persons set up as joint stock companies according to the provisions of the Company law. Alternative trading systems can be managed by a system operator set up under the conditions described above or by an investment firm authorised by the National Securities Commission (Comisia Nationala a Valorilor Mobiliare, CNVM).

  

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. Additionally, a pension scheme can also be offered by pension scheme providers established in accordance with the law of a Member State.

Measures:

PT: Decree-Law 12/2006, as amended by Decree-Law 180/2007;

Decree-Law 357-A/2007; and

Regulation 7/2007-R, as amended by Regulation 2/2008-R, Regulation 19/2008-R and Regulation 8/2009.

RO: Law No 297/2004 on capital markets; and CNVM (Comisia Nationala a Valorilor Mobiliare) Regulation No 2/2006 on regulated markets and alternative trading systems.

SI: Pension and Disability Insurance Act (Official Gazette No 102/15).

  

VI-EU-A-10

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   Cross-Border Trade in Financial Services (Article 18.7)

Level of Government:
   EU or Member State (unless otherwise specified)

Description:

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.

  

SECTION B

VI-EU-B-1

Sector:
   Financial Services

Subsector:
   All

Obligations Concerned:
   Market Access (Article 18.6)

Description:

The EU reserves the right to require a financial institution, other than a branch, when establishing in a Member State, to adopt a specific legal form on a non-discriminatory basis.

  

VI-EU-B-2

Sector:
   Financial Services

Subsector:
   Insurance and insurance-related services

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Senior Management and Board of Directors (Article 18.6)

Cross-border Trade in Financial Services (Article 18.7)

Description:

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 EU or having their branch in FI may offer direct insurance services, including co-insurance.

  

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 FI as a branch to carry out statutory pension insurance. At least one auditor shall have their permanent residence in the EEA.

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 their permanent residence in the EEA. The general agent of an insurance company of Mexico must have their place of residence in FI, unless the company has its head office in the EU.

Measures:

Act on Foreign Insurance Companies (Laki ulkomaisista vakuutusyhtiöistä) (398/1995); Insurance Companies Act (Vakuutusyhtiölaki) (521/2008);

Act on Insurance Mediation (Laki vakuutusedustuksesta) (570/2005);

Act on Insurance Distribution (Laki vakuutusten tarjoamisesta) (234/2018); and

Act on Companies Providing Statutory Pension Insurance (Laki työeläkevakuutusyhtiöistä) (354/1997).

VI-EU-B-3

Sector:
   Financial Services

Subsector:
   Insurance and insurance-related services

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Cross-Border Trade in Financial Services (Article 18.7)

Description:

In DE: A foreign insurance company that has established a branch in DE may conclude insurance contracts in DE relating to international transport only through the branch established in DE.

In ES: Residence, or alternatively two years of experience, is required for the actuarial profession.

In HU: The supply of direct insurance in the territory of HU by insurance companies not established in the EU is allowed only through a branch office registered in HU.

  

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 SK. The authorisation in both cases is subject to the evaluation of the supervisory authority.

Air and maritime transport insurance, covering the aircraft/vessel and responsibility, can be underwritten only by insurance companies established in the EU or by the branch office of the insurance companies not established in the EU authorised in the Slovak Republic.

Measures:

DE: Paragraph 2 of § 43 Luftverkehrsgesetz (LuftVG); and

Paragraph 1 of § 105 Luftverkehrszulassungsordnung (LuftVZO).

HU: Act LX of 2003.

SK: Act 39/2015 on Insurance.

VI-EU-B-4

Sector:
   Financial Services

Subsector:
   Insurance and insurance-related services

Obligations Concerned:
   Cross-Border Trade in Financial Services (Article 18.7)

Description:

In HU: The supply of direct insurance in the territory of HU by insurance companies not established in the EU is allowed only through a branch office registered in HU.

Measures:

HU: Act LX of 2003.

  

VI-EU-B-5

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Cross-Border Trade in Financial Services (Article 18.7)

Description:

The EU reserves the right to adopt or maintain any measure requiring that only enterprises having their registered office in the EU can act as depositories of the assets of investment funds.

The establishment of a specialised management enterprise 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 enterprises.

  

Measures:

EU: Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), as amended by 2010/78/EU, 2011/61/EU, 2013/14/EU and 2014/91/EU; and

Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers (AIFM), as amended by 2013/14/EU.

VI-EU-B-6

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   Market Access (Article 18.5)

Cross-Border Trade in Financial Services (Article 18.7)

Description:

In EE: An authorisation by the Estonian Financial Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or a branch is required for acceptance of deposits.

In SK: Investment services in SK can only be provided by management companies which have the legal form of a joint-stock company with equity capital according to the law (no branches).

Measures:

EE: Credit Institutions Act (Krediidiasutuste seadus) §21 and §206.

SK: Act 566/2001 on Securities and Investment Services; and Act 483/2001 on Banks.

  

VI-EU-B-7

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Description:

In IT: Any measure with respect to services of financial consultants (consulenti finanziari) may be adopted.

Measures:

IT: Consob Regulation on Intermediaries (no. 16190 of 29 October 2007) Articles 91 to 111.

VI-EU-B-8

Sector:
   Financial Services

Subsector:
   Banking and other financial services

Obligations Concerned:
   National Treatment (Article 18.3)

Senior Management and Board of Directors (Article 18.6)

Cross-Border Trade in Financial Services (Article 18.7)

Description:

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 natural person entitled to sign the name of the credit institution shall have their permanent residence in the EEA. At least one auditor shall have their permanent residence in the EEA. For payment services, residency or domicile in FI may be required.

Measures:

FI: Act on Commercial Banks and Other Credit Institutions in the Form of a Limited Company (Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista) (1501/2001);

Savings Bank Act (Säästöpankkilaki) (1502/2001);

Act on Cooperative Banks and Other Credit Institutions in the Form of a Cooperative Bank (Laki osuuspankeista ja muista osuu skuntamuotoisista luottolaitoksista) (1504/2001));

Act on Mortgage Societies (Laki hypoteekkiyhdistyksistä) (936/1978);

Act on Payment Institutions (Maksulaitoslaki) (297/2010);

Act on the Operation of Foreign Payment Institution in Finland (Laki ulkomaisen maksulaitoksen toiminnasta Suomessa) (298/2010); and

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

  

Appendix VI-B

RESERVATIONS FOR FINANCIAL SERVICES

LIST OF MEXICO

SECTION A

VI-MX-A-1

Sector:
   Financial Services

Subsector:
   Banking and other Financial Services (excluding insurance)

Obligations Concerned:
   National Treatment (Article 18.3)

Level of Government:
   Central

Measures:
   Credit Unions Law (Ley de Uniones de Crédito), Article 21.

General Law of Credit Organisations and Auxiliary Activities (Ley General de Organizaciones y Actividades Auxiliares del Crédito), Article 87-D.

  

Description:

Participation by a person, whether direct or indirect, in the capital stock of a credit union or a regulated multiple purpose financial entity linked to a credit union shall not exceed 15 %, unless authorised by the National Banking and Securities Commission (Comisión Nacional Bancaria y de Valores) (hereinafter referred to as "CNBV").

Without prejudice to the preceding paragraph, a foreign person, including any foreign enterprise with no legal personality, may participate indirectly in the capital stock of a credit union or a regulated multiple purpose financial entity linked to a credit union up to 15 %, provided that the respective shares of the credit union are purchased by a Mexican enterprise in which that foreign person holds a participation.

  

VI-MX-A-2

Sector:
   Financial services

Subsector:
   All Services

Obligations concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Level of Government:
   Central

Measures:
   Law to Regulate Financial Groups (Ley para Regular las Agrupaciones Financieras), Articles 67, 68, 70, 72, 74 and 76.

Credit Institutions Law (Ley de Instituciones de Crédito), Articles 45‑A, 45-B, 45-C, 45-E, 45-G and 45-I.

Securities Market Law (Ley del Mercado de Valores), Articles 2, 160, 161, 163, 165 and 167.

Insurance and Surety Institutions Law (Ley de Instituciones de Seguros y de Fianzas), Articles 2, 74, 75, 77, 78, 79 and 81.

General Law of Credit Organisations and Auxiliary Activities (Ley General de Organizaciones y Actividades Auxiliares del Crédito), Articles 45 Bis 1, 45 Bis 2, 45 Bis 3, 45 Bis 5, 45 Bis 7 and 45 Bis 9.

Investment Funds Law (Ley de Fondos de Inversión), Articles 62, 63, 64, 66, 68 and 70.

Retirement Savings Systems Law (Ley de los Sistemas de Ahorro para el Retiro), Article 21.

Rules for the Establishment of Foreign Financial Institution Subsidiaries (Reglas para el establecimiento de Filiales de Instituciones Financieras del Exterior), Rules First, Eighth and Ninth.

  

Description:

A financial institution of a Member State may invest in the capital stock of a holding company of a financial group, a commercial bank, a securities firm, a surety institution, an insurance institution, a foreign exchange firm, a general deposit warehouse, a managing company of investment funds, a distributing company of investment fund shares, and a retirement funds management company, organised as a Mexican subsidiary (filial) of a foreign financial institution, provided that such financial institution of a Member State meets the following conditions:

(a)
   directly or indirectly carries out in the territory of that Member State, in accordance with applicable law, the same type of financial service that the respective subsidiary is allowed to carry out in Mexico;

(b)
   is incorporated in and under the law of that Member State provided that such Member State remains Party to this Agreement; and

(c)
   obtains prior authorisation from the competent Mexican financial authorities and complies with the requirements set out in the respective law.

A financial institution of a Member State must own at least 51 % of the capital stock of the subsidiary.

  

VI-MX-A-3

Sector:
   Financial Services

Subsector:
   All Services

Obligations concerned:
   Market Access (Article 18.5)

Level of Government:
   Central

Measures:
   Law to Regulate Financial Groups (Ley para Regular las Agrupaciones Financieras), Article 67.

Credit Institutions Law (Ley de Instituciones de Crédito), Article 45-A

Securities Market Law (Ley del Mercado de Valores), Article 2.

Insurance and Surety Institutions Law (Ley de Instituciones de Seguros y de Fianzas), Article 2.

General Law of Credit Organisations and Auxiliary Activities (Ley General de Organizaciones y Actividades Auxiliares del Crédito), Article 45 Bis 1.

  

Investment Funds Law (Ley de Fondos de Inversión), Article 62.

Retirement Savings Systems Law (Ley de los Sistemas de Ahorro para el Retiro), Article 21.

Rules for the Establishment of Foreign Financial Institutions Subsidiaries (Reglas para el establecimiento de Filiales de Instituciones Financieras del Exterior), First Rule.

Description:

Financial institutions of a Member State, as any other foreign financial institution, are not permitted to establish branches within the territory of Mexico.
[28](#footnote28)

  

VI-MX-A-4

Sector:
   Financial Services

Subsector:
   All Services

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Level of Government:
   Central

Measures:
   Law to Regulate Financial Groups (Ley para Regular las Agrupaciones Financieras), Article 24.

Credit Institutions Law (Ley de Instituciones de Crédito), Article 13.

Securities Market Law (Ley del Mercado de Valores), Articles 117 and 237.

Law to Regulate Credit Information Corporations (Ley para Regular las Sociedades de Información Crediticia), Article 8.

  

Insurance and Surety Institutions Law (Ley de Instituciones de Seguros y de Fianzas), Article 50.

Retirement Saving Systems Law (Ley de los Sistemas de Ahorro para el Retiro), Article 21.

General Law of Credit Organisations and Auxiliary Activities (Ley General de Organizaciones y Actividades Auxiliares del Crédito), Article 8 and 87-D.

Investment Funds Law (Ley de Fondos de Inversión), Article 37.

Credit Unions Law (Ley de Uniones de Crédito), Article 21.

  

Description:

Foreign governments are not allowed to participate, directly or indirectly, in the capital stock of holding companies of financial groups, commercial banks, securities firms, stock exchanges, credit information corporations, surety institutions, insurance institutions, retirement funds management companies, foreign exchange firms, auxiliary credit organisations, general deposit warehouses, managing companies of investment funds, distributing companies of investment fund shares, value assessment companies of investment fund shares, credit unions and regulated multiple-purpose financial entities linked to a credit institution except:

(a)
   in case that participation is done as a temporary prudential measure, such as financial support or aid;

Financial institutions that fall in this situation must submit to the competent financial authority the relevant information and documents to prove that situation;

(b)
   in case that participation implies that the foreign government takes control
[29](#footnote29)
 over those financial institutions and it is carried out through official enterprises such as sovereign funds and public development entities, provided that an authorisation is previously granted, on a discretionary basis, by the competent financial authority, subject to the condition that the authority is satisfied that those enterprises prove that:

(i)
   they do not exercise any government function; and

  

(ii)
   their managing boards are independent from the respective foreign government; or

(c)
   in case that participation is indirect and does not imply the control of the financial institutions.

  

VI-MX-A-5

Sector:

Subsector:
   Financial Services

All Services

Obligations Concerned:
   Senior Management and Board of Directors (Article18.6)

Level of Government:
   Central

Measures:
   Credit Institutions Law (Ley de Instituciones de Crédito), Articles 23, 24, 45-K and 45-L.

Securities Market Law (Ley del Mercado de Valores), Articles 124, 128, 131 and 168.

Law to Regulate Financial Groups (Ley para Regular las Agrupaciones Financieras), Articles 35, 60 and 77.

Popular Savings and Credit Law (Ley de Ahorro y Crédito Popular), Articles 21, 23 and 46 Bis.

  

Credit Unions Law (Ley de Uniones de Crédito), Article 26.

General Law of Credit Organisations and Auxiliary Activities (Ley General de Organizaciones y Actividades Auxiliares del Crédito), Articles 8, 8 Bis 1, 8 Bis 3, 45 Bis 11, 45 Bis 12, 45 Bis 13 and 87-D.

Law to Regulate the Activities of Savings and Loans Cooperative Companies (Ley para Regular las Actividades de las Sociedades Cooperativas de Ahorro y Préstamo), Article 5.

Cooperative Companies General Law (Ley General de Sociedades Cooperativas), Article 7.

Insurance and Surety Institutions Law (Ley de Instituciones de Seguros y de Fianzas), Articles 56, 58, 60 and 82.

Investment Funds Law (Ley de Fondos de Inversión), Article 73.

Retirement Savings Systems Law (Ley de los Sistemas de Ahorro para el Retiro), Articles 50 and 66 Bis.

  

Rules for the Establishment of Foreign Financial Institution Subsidiaries (Reglas para el Establecimiento de Filiales de Instituciones Financieras del Exterior), Tenth Rule.

Rules Applicable to Clearing Houses for Card Payments (Reglas Aplicables a las Cámaras de Compensación para Pagos con Tarjetas), Second Rule.

General Rules Applicable to Popular Savings and Credit Entities, Integration Organisations, Community Financial Companies and Rural Financial Integration Organisations, referred to in the Popular Savings and Credit Law (Disposiciones de carácter general aplicables a las entidades de ahorro y crédito popular, organismos de integración, sociedades financieras comunitarias y organismos de integración financiera rural, a que se refiere la Ley de Ahorro y Crédito Popular), Articles 335 and 336.

  

Description:

The majority of the members of the board of directors of commercial banks, securities firms, financial groups holding companies, popular financial companies, community financial companies and rural financial integration organisations, credit unions, general deposit warehouses, regulated multiple-purpose financial entities linked to a credit institution, foreign exchange firms, surety institutions, insurance institutions, retirement funds management companies, subsidiary managing companies of investment funds, subsidiary distributing companies of investment fund shares and clearing houses for card payments, shall be Mexican nationals or reside in Mexican territory.

Directors and managers of savings and loans cooperative companies shall be Mexican nationals.

  

VI-MX-A-6

Sector:
   Financial Services

Subsector:
   Banking and other Financial Services (excluding insurance)

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Level of Government:
   Central

Measures:
   Securities Market Law (Ley del Mercado de Valores), Article 167.

Description:

If a securities firm organised as a subsidiary (filial) of a financial institution of a Member State acquires shares of a Mexican securities firm, which shall not be below 51 % of its capital stock, that subsidiary must merge with the securities firm.

  

VI-MX-A-7

Sector:
   Financial Services

Subsector:
   Banking and other Financial Services (excluding insurance)

Obligations Concerned:

Level of Government:
   Market Access (Article 18.5)

Central

Measures:
   Retirement Savings Systems Law (Ley de los Sistemas de Ahorro para el Retiro), Article 26.

Description:

Retirement funds management companies shall not own more than 20 % share of the retirement savings systems market.
[30](#footnote30)

The National Retirement Savings System Commission (Comisión Nacional del Sistema de Ahorro para el Retiro), (hereinafter referred to as "CONSAR") may authorise a limit beyond 20 %, provided that this does not constitute prejudice to the interests of workers.

  

VI-MX-A-8

Sector:
   Financial Services

Subsector:
   Banking and other Financial Services (excluding insurance)

Obligations Concerned:
   Market Access (Article 18.5)

Level of Government:
   Central

Measures:
   Securities Market Law (Ley del Mercado de Valores), Article 234.

Description:

The organisation of a stock exchange is subject to a concession previously granted, on a discretionary basis, by the Federal Government. The decision to grant that concession shall be subject to considerations regarding the development of the market.

  

VI-MX-A-9

Sector:
   Financial Services

Subsector:
   Insurance and Insurance-related Services

Obligations Concerned:

Level of Government:
   Cross-Border Trade in Financial Services (Article 18.7)

Central

Measures:
   Insurance and Surety Institutions Law (Ley de Instituciones de Seguros y de Fianzas), Articles 20 to 24.

Description:

No person shall contract with foreign entities the insurance of:

(a)
   maritime or aircraft hulls, and any kind of vehicle, for risks inherent to the maritime and transportation industries, provided that those hulls and vehicles have Mexican registration or are owned by persons domiciled in Mexico;

  

(b)
   credit, housing credit, surety and financial guarantee
[31](#footnote31)
, if the insured is subject to Mexican law;

(c)
   third party liability derived from events that may take place in the territory of Mexico; or

(d)
   other risks that may take place in the territory of Mexico, except for insurance contracted outside that territory with respect to goods transported from the territory of Mexico to a foreign territory or vice versa, and insurance contracted by non-residents in Mexico for their persons or vehicles to cover risks during their temporary entries into the territory of Mexico.

For greater certainty, no person shall contract with entities of a Member State the insurance of persons that are located in the territory of Mexico at the moment of the execution of the insurance agreement if that person is a natural person, or that the insured resides in Mexico if the insurance is contracted by an enterprise.
[32](#footnote32)

As an exception to the prohibitions indicated above, the National Insurance and Surety Commission (Comisión Nacional de Seguros y Fianzas) may authorise a person to contract any of the insurances described above provided that the person demonstrates that none of the insurance institutions authorised to operate in Mexico is able or deems it convenient to enter into a given insurance operation proposed to it.

  

VI-MX-A-10

Sector:
   Financial Services

Subsector:
   Banking and other Financial Services (excluding insurance)

Obligations Concerned:
   Cross-border Trade in Financial Services (Article 18.7)

Level of Government:
   Central

Measures:
   Insurance and Surety Institutions Law (Ley de Instituciones de Seguros y de Fianzas), Articles 34 and 35.

Description:

No person shall contract sureties with foreign entities to guarantee acts of natural persons and enterprises bound to fulfil obligations in the territory of Mexico, except for rebonding or in case those sureties are received by Mexican surety institutions as counter guarantee.
[33](#footnote33)

As an exception to the prohibitions indicated above, the National Insurance and Surety Commission (Comisión Nacional de Seguros y Fianzas) may authorise a person to contract any of the sureties described above provided that none of the financial institutions authorised to operate in Mexico is able or deems it convenient to undertake a surety operation proposed to it, upon prior verification that those circumstances have been proved to it.

  

VI-MX-A-11

Sector:
   Financial Services

Subsector:
   All

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Level of Government:
   Central

Measures:
   Insurance and Surety Institutions Law (Ley de Instituciones de Seguros y de Fianzas), Article 337

Regulation of Insurance and Surety Agents (Reglamento de Agentes de Seguros y de Fianzas), Article 12

Rules for the authorization and operation of reinsurance brokers (Reglas para la autorización y operación de intermediarios de reaseguros), Fourth Rule.

  

Description:

Foreign governments or foreign official entities shall not participate in mutual insurance societies, in the capital stock of insurance and surety agencies, or in the capital stock of reinsurance brokers, either directly or indirectly.

Foreign financial entities may not participate in the capital stock of insurance or surety agencies, or in mutual insurance societies.

Groups of foreign natural persons or enterprises, regardless of the form they adopt, may not participate in mutual insurance societies, either directly or indirectly. For greater certainty, foreign natural persons may participate in mutual insurance societies as long as they do so individually and not as part of a group or entity.

  

VI-MX-A-12

Sector:
   Financial Services

Subsector:
   Insurance

Obligations Concerned:
   National Treatment (Article 18.3)

Market Access (Article 18.5)

Level of Government
   Central

Measures:
   Agricultural and Rural Insurance Funds Law (Ley de Fondos de Aseguramiento Agropecuario y Rural), Article 26.

Description:

Only Mexican nationals or Mexican enterprises with a foreigners exclusion clause may participate in Agricultural and Rural Insurance Funds (Fondos de Aseguramiento Agropecuario y Rural).

  

SECTION B

VI-MX-B-1

Sector:
   Financial Services

Subsector:
   All Services

Obligations Concerned:
   Market Access (Article 18.5)

Senior Management and Board of Directors (Article 18.6)

Cross-Border Trade in Financial Services (Article 18.7)

Level of Government:
   Central

Description:

If selling or disposing of its equity interest in, or the assets of, an existing state enterprise or an existing governmental entity, Mexico may prohibit or impose limitations on the ownership of that interest or those assets, as well as on the ability of the owners of that interest or those assets to control any resulting enterprise, by investors of Mexico, of a Member State, or of a third country, or their enterprises.

  

Additionally, Mexico may impose limitations on the supply of the services related to thoseenterprises. With respect to that sale or other disposition, Mexico may adopt or maintain any measure relating to the nationality of natural persons appointed to senior management positions of members of the board of directors.

For the purposes of this reservation:

(a)
   any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interest or assets or imposes nationality requirements described in this reservation shall be deemed to be an existing measure; and

(b)
   "state enterprise" means an enterprise owned or controlled through ownership interest by Mexico 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 interest in, or the assets of, an existing state enterprise or governmental entity.

  

VI-MX-B-2

Sector:
   Financial Services

Subsector:
   Banking and other Financial Services (excluding insurance)

Obligations Concerned:
   National Treatment (Article 18.3)

Level of Government:
   Central

Description:

Mexico reserves the right to adopt or maintain measures that grant advantages, including exclusive rights, to development banks, decentralised entities or public funds for the economic development already established at the time that this Agreement enters into force, as well as any new, reorganised or transferee development bank, decentralised entity or public fund for the economic development with similar functions and objectives with respect to development banking.

The institutions of development banking include:

(a)
   National Financial Institution, S.N.C. (Nacional Financiera, S.N.C.);

(b)
   National Bank of Public Works and Services, S.N.C. (Banco Nacional de Obras y Servicios Públicos, S.N.C.);

  

(c)
   National Bank of Foreign Trade, S.N.C. (Banco Nacional del Comercio Exterior, S.N.C.);

(d)
   Federal Mortgage Corporation, S.N.C. (Sociedad Hipotecaria Federal, S.N.C.);

(e)
   Welfare Bank, S.N.C (Banco del Bienestar, S.N.C.);

(f)
   National Bank of the Army, Air Force and Navy, S.N.C. (Banco Nacional del Ejército, Fuerza Aérea y Armada, S.N.C.); or

(g)
   their respective successors.

  

VI-MX-B-3

Sector:
   Financial Services

Subsector:
   All Services

Obligations Concerned:
   National Treatment (Article 18.3)

Level of Government:
   Central

Description:

Mexico reserves the right to adopt or maintain measures that grant advantages, including exclusive rights, to the national insurance institutions, national surety institutions, a national pension fund or national auxiliary organisations of credit in existence at the date of entry into force of this Agreement, as well as any new, reorganised or transferee national insurance institution, national surety institution, a national pension fund or national auxiliary organisation of credit with similar functions and objectives with respect to public policy purposes.

  

VI-MX-B-4

Sector:
   Financial Services

Subsector:
   All Services

Obligations Concerned:
   Market Access (Article 18.5)

Senior Management and Board of Directors (Article 18.6)

Level of Government:
   Central

Description:

Mexico reserves the right to adopt or maintain any measure in relation to any financial service that is supplied by a covered enterprise as defined in Article 10.1 (Definitions) that is not a covered enterprise in a financial institution as defined in Article 18.1 (Definitions), in order to regulate that entity as a financial institution.

  

VI-MX-B-5

Sector:
   Financial Services

Subsector:
   All Services

Obligations Concerned:
   Market Access (Article 18.5)

Level of Government:
   Central

Description:

Mexico reserves the right to restrict or require a financial institution of a Member State to adopt a specific type of legal form, to supply a financial service, on a non-discriminatory basis.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ANNEX VII

UNDERSTANDING ON NEW SERVICES NOT CLASSIFIED IN THE UNITED NATIONS PROVISIONAL CENTRAL PRODUCT CLASSIFICATION 1991

1.
   Articles 10.6 (Market Access), 10.7 (National Treatment), 10.8 (Most-Favoured-Nation Treatment), 10.9 (Performance Requirements), 10.10 (Senior Management and Board of Directors), 11.4 (Market Access), 11.5 (Local Presence), 11.6 (National Treatment) and 11.7 (Most-Favoured-Nation Treatment), as well as Chapter 13 (Domestic Regulation), do not apply to a measure relating to a new service that cannot be classified in the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991 (hereinafter referred to as "CPC").

2.
   To the extent possible, a Party shall notify the other Party prior to adopting a measure relating to a new service, as referred to in paragraph 1, that is inconsistent with Articles 10.6 (Market Access), 10.7 (National Treatment), 10.8 (Most-Favoured-Nation Treatment), 10.9 (Performance Requirements), 10.10 (Senior Management and Board of Directors), 11.4 (Market Access), 11.5 (Local Presence), 11.6 (National Treatment), 11.7 (Most-Favoured-Nation Treatment) or Chapter 13 (Domestic Regulation).

3.
   On request of a Party, the Parties shall enter into negotiations to incorporate the new service into the scope of this Agreement.

4.
   For greater certainty, paragraph 1 does not apply to an existing service that could be classified in the CPC, but that could not previously be supplied due to lack of technical feasibility

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

JOINT DECLARATION

ON TRADE AND GENDER EQUALITY

BY THE EUROPEAN UNION AND MEXICO

IN THE FRAMEWORK OF THE INTERIM AGREEMENT ON TRADE

The Parties,

RECALLING their shared values and the strong cultural, political, economic and cooperation ties which unite them,

RECALLING their commitment to modernise and replace the EU-Mexico Economic Partnership, Political Coordination and Cooperation Agreement, (“Global Agreement”), concluded in 2000, to reflect new political and economic realities,

REAFFIRMING their commitment to strengthen cooperation on bilateral, regional and global issues of common concern,

CONVINCED that the Political, Economic and Cooperation Strategic Partnership Agreement between the European Union and its Member States, of the one part, and the United Mexican States, of the other part (“Modernised Global Agreement”) and the Interim Agreement on Trade between the European Union and the United Mexican States, will be beneficial to both Parties and further strengthen their ties,

EXPRESS their joint intent to cooperate on the implementation of the Interim Agreement on Trade’s sustainability aspects guided by the considerations expressed in the following, as regards trade and gender equality.

1. The Parties recognise that inclusive trade policies contribute to advancing women's economic empowerment and gender equality, in line with Sustainable Development Goal 5 of the UN 2030 Agenda on Sustainable Development and the objectives of the Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference, held in Buenos Aires in December 2017. The Parties acknowledge the important contribution by women to economic growth through their participation in economic activity, including international trade. The Parties commit to implement the provisions of the Interim Agreement on Trade in a manner that promotes and enhances gender equality.

2. The Parties aim to strengthen their trade relations and cooperation in ways that effectively provide equal opportunities and treatment for women and men to benefit from the provisions of the Interim Agreement on Trade, including in matters of employment and occupation, in accordance with their international commitments.

3. Each Party shall effectively implement its obligations under international agreements addressing gender equality and women’s rights to which it is a party, including the Convention on the Elimination of all Forms of Discrimination Against Women, adopted by the UN General Assembly on 18 December 1979, noting in particular those provisions related to eliminating discrimination against women in economic life and in the field of employment. In this respect, the Parties reiterate their respective commitments under Article 26.3 (“Multilateral Labour Standards and Agreements”) of the Interim Agreement on Trade including with regard to the effective implementation of the ILO Conventions related to gender equality and the elimination of discrimination in respect of employment and occupation.

4. Each Party shall strive to ensure that its relevant law and policies provide for, and promote, equal rights, treatment and opportunities for women and men. Each Party shall strive to improve such law and policies, without prejudice to the right of each Party to establish its own scope and levels of protection for equal opportunities for women and men. Such law and policies shall be consistent with each Party's commitments to the internationally recognised standards and agreements referred to in this Joint Declaration.

5. The Parties shall work together to strengthen their cooperation on trade-related aspects of gender equality policies and measures, bilaterally, regionally and in international fora, as appropriate, among others through activities to improve the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and benefit from the opportunities created by the Interim Agreement on Trade. Such cooperation may cover, among others, exchange of information and best practices related to collection of gender-disaggregated data and gender-based analysis of trade policies.

6. The Parties agree on the importance of monitoring and assessing, in accordance with their domestic procedures, the impact of the implementation of the Interim Agreement on Trade on gender equality and equal opportunities for women in relation to trade.

7. In case of disagreement between the Parties regarding the interpretation or application of this Joint Declaration, the Parties shall have recourse exclusively to the dispute resolution procedures referred to in Articles 26.17 and 26.18 of the Interim Agreement on Trade, mutatis mutandis.

:   [(1)](#footnoteref1)
       For the purposes of the reservations in Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers.
:   [(2)](#footnoteref2)
       For the purposes of the reservations in Finland, a regional level of government means the Åland Islands.
:   [(3)](#footnoteref3)
       For greater certainty, consistent with the Explanatory Notes, requirements to register with a Bar may include a requirement to having obtained a law degree in the host country or equivalent, or having done some training under supervision of a licensed lawyer, or requiring upon membership an office or a post address within the Bar's jurisdiction. To the extent these requirements are non-discriminatory, they are not listed.
:   [(4)](#footnoteref4)
       See Annex I.
:   [(5)](#footnoteref5)
       Relevant measures include: All currently existing and all future EU research or innovation framework programmes, including the Horizon 2020 Rules for Participation (laid down by Regulation (EU) 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in "Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020)") and regulations pertaining to Joint Technology Initiatives (JTIs), Article 185 Decisions, and the European Institute of Innovation and Technology (EIT), as well as existing and future national, regional or local research programmes).
:   [(6)](#footnoteref6)
       The EU subscribes to the "Understanding on the scope of coverage of computer services- CPC 84".
:   [(7)](#footnoteref7)
       In order to practise a profession in Mexico, it is necessary to have a degree that has been recognised or confirmed by the Ministry of Public Education (Secretaría de Educación Pública) and also to obtain a professional licence. There are special requirements to be met by engineers, architects and doctors.
:   [(8)](#footnoteref8)
       Enterprises not owning transmission means which provide third parties with telecommunications services by using capacity leased from a public network concessionaire.
:   [(9)](#footnoteref9)
       Value-added services do not include services for which their establishment, operation or exploitation make use of transmission infrastructure owned by the service provider, unless the service provider has the appropriate license or permit to establish, operate or exploit a public telecommunications network. They do not include those value-added services, the provision requiring the obtaining of licenses and permits including, without limitation, the following services: voice telephony, regardless of the technology used (VoIP) in its modalities of local service; long distance telephony; simple resale of leased private circuits, mobile telephony, mobile or fixed radio telephony, cable television, paid television using microwaves and satellite; paging services; trucking services; private or maritime radio-communication such as restricted radio; data transmission; videoconferencing and vehicle radiolocation.
:   [(10)](#footnoteref10)
       The level of disaggregation of each of this sector's subsectors is interpreted in accordance with Mexico's legislative framework and may not correspond exactly to the stated CPC classification.
:   [(11)](#footnoteref11)
       This paragraph does not apply to non-conforming measures of the United Kingdom.
:   [(12)](#footnoteref12)
       For the purposes of the reservations in Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers.
:   [(13)](#footnoteref13)
       For the purposes of the reservations in Finland, a regional level of government means the Åland Islands.
:   [(14)](#footnoteref14)
       For the purposes of the reservations in Belgium, the central level of government covers the federal government and the governments of the regions and the communities as each of them holds equipollent legislative powers.
:   [(15)](#footnoteref15)
       For the purposes of the reservations in Finland, a regional level of government means the Åland Islands.
:   [(16)](#footnoteref16)
       A reservation for legal services listed in Annexes I or II by a Member State for domestic law as covering the law of the EU and the Member States also applies to this Annex.
:   [(17)](#footnoteref17)
       Obtained after having reached the age of majority.
:   [(18)](#footnoteref18)
       If the degree or qualification has not been obtained in the Member State where the service is supplied, that Member State may evaluate whether this is equivalent to a university degree required in its territory.
:   [(19)](#footnoteref19)
       A reservation for legal services described in Annexes I or II by a Member State for domestic law as covering EU and Member State law also applies to this Annex.
:   [(20)](#footnoteref20)
       If the degree or qualification has not been obtained in the Member State where the service is supplied, that Member State may evaluate whether this degree is equivalent to a university degree required in its territory.
:   [(21)](#footnoteref21)
       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 country law.
:   [(22)](#footnoteref22)
       Part of CPC 85201, which is under medical and dental services.
:   [(23)](#footnoteref23)
       For all Member States except DK, the approval of the research organisation and the hosting agreement shall meet the conditions set pursuant to Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ EU L 132, 21.5.2016, p. 21).
:   [(24)](#footnoteref24)
       Maintenance and repair services of office machinery and equipment including computers (CPC 845) are classified under computer services.
:   [(25)](#footnoteref25)
       Service suppliers whose function is to accompany a tour group of a minimum of 10 natural persons, without acting as guides in specific locations.
:   [(26)](#footnoteref26)
       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.
:   [(27)](#footnoteref27)
       For the purposes of the reservations of the European Union and its Member States, a regional level of government in Finland means the Åland Islands.
:   [(28)](#footnoteref28)
       For greater certainty, this wording shall not be deemed to constitute a departure from the position of Mexico in other international agreements it has entered into.
:   [(29)](#footnoteref29)
       The term "control" shall be understood as defined in each of the laws indicated in this measure.
:   [(30)](#footnoteref30)
       The term "market" refers to the total amount of individual retirement accounts.
:   [(31)](#footnoteref31)
       The prohibition for insurance of financial guarantee does not apply if the securities or documents which are the subject of the insurance participate in foreign markets exclusively.
:   [(32)](#footnoteref32)
       For greater certainty, this wording shall not be deemed to constitute a departure from the position of Mexico in other international agreements it has entered into.
:   [(33)](#footnoteref33)
       For greater certainty, this wording shall not be deemed to constitute a departure from the position of Mexico in other international agreements it has entered into.

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