CELEX ID: 22017A0114(01)

--- ENGLISH ---

Document:
14.1.2017
EN
Official Journal of the European Union
L 11/23
COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT (CETA)
between Canada, of the one part, and the European Union and its Member States, of the other part
CANADA,
of the one part, and
THE EUROPEAN UNION,
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
and
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
of the other part,
hereafter jointly referred to as the ‘Parties’,
resolve to:
FURTHER strengthen their close economic relationship and build upon their respective rights and obligations under the 
Marrakesh Agreement Establishing the World Trade Organization
, done on 15 April 1994, and other multilateral and bilateral instruments of cooperation;
CREATE an expanded and secure market for their goods and services through the reduction or elimination of barriers to trade and investment;
ESTABLISH clear, transparent, predictable and mutually-advantageous rules to govern their trade and investment;
AND,
REAFFIRMING their strong attachment to democracy and to fundamental rights as laid down in 
The Universal Declaration of Human Rights
, done at Paris on 10 December 1948, and sharing the view that the proliferation of weapons of mass destruction poses a major threat to international security;
RECOGNISING the importance of international security, democracy, human rights and the rule of law for the development of international trade and economic cooperation;
RECOGNISING that the provisions of this Agreement preserve the right of the Parties to regulate within their territories 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;
AFFIRMING their commitments as parties to the UNESCO 
Convention on the Protection and Promotion of the Diversity of Cultural Expressions
, done at Paris on 20 October 2005, and recognising that states have the right to preserve, develop and implement their cultural policies, to support their cultural industries for the purpose of strengthening the diversity of cultural expressions, and to preserve their cultural identity, including through the use of regulatory measures and financial support;
RECOGNISING that the provisions of this Agreement protect investments and investors with respect to their investments, and are intended to stimulate mutually-beneficial business activity, without undermining the right of the Parties to regulate in the public interest within their territories;
REAFFIRMING their commitment to promote sustainable development and the development of international trade in such a way as to contribute to sustainable development in its economic, social and environmental dimensions;
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;
IMPLEMENTING this Agreement in a manner consistent with the enforcement of their respective labour and environmental laws and that enhances their levels of labour and environmental protection, and building upon their international commitments on labour and environmental matters;
RECOGNISING the strong link between innovation and trade, and the importance of innovation to future economic growth, and affirming their commitment to encourage the expansion of cooperation in the area of innovation, as well as the related areas of research and development and science and technology, and to promote the involvement of relevant public and private sector entities;
HAVE AGREED AS FOLLOWS:
CHAPTER ONE
General definitions and initial provisions
Section A
General definitions
Article 1.1
Definitions of general application
For the purposes of this Agreement and unless otherwise specified:
administrative ruling of general application
 means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:
(a)
a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good or service of the other Party in a specific case; or
(b)
a ruling that adjudicates with respect to a particular act or practice;
Agreement on Agriculture
 means the 
Agreement on Agriculture
, contained in Annex 1A to the WTO Agreement;
agricultural good
 means a product listed in Annex 1 to the Agreement on Agriculture;
Anti-dumping Agreement
 means the 
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
, contained in Annex 1A to the WTO Agreement;
CETA contact points
 means the contact points established under Article 26.5 (CETA contact points);
CETA Joint Committee
 means the CETA Joint Committee established under Article 26.1 (The CETA Joint Committee);
CPC
 means the provisional Central Product Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N
o
 77, 
CPC prov
, 1991;
cultural industries
 means persons engaged in:
(a)
the publication, distribution or sale of books, magazines, periodicals or newspapers in print or machine-readable form, except when printing or typesetting any of the foregoing is the only activity;
(b)
the production, distribution, sale or exhibition of film or video recordings;
(c)
the production, distribution, sale or exhibition of audio or video music recordings;
(d)
the publication, distribution or sale of music in print or machine-readable form; or
(e)
radio-communications in which the transmissions are intended for direct reception by the general public, and all radio, television and cable broadcasting undertakings and all satellite programming and broadcast network services;
customs duty
 means a duty or charge of any kind imposed on or in connection with the importation of a good, including a form of surtax or surcharge imposed on or in connection with that importation, but does not include:
(a)
a charge equivalent to an internal tax imposed consistently with Article 2.3 (National treatment);
(b)
a measure applied in accordance with the provisions of Articles VI or XIX of the GATT 1994, the Anti-dumping Agreement, the SCM Agreement, the Safeguards Agreement, or Article 22 of the DSU; or
(c)
a fee or other charge imposed consistently with Article VIII of the GATT 1994;
Customs Valuation Agreement
 means the 
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
, contained in Annex 1A to the WTO Agreement;
days
 means calendar days, including weekends and holidays;
DSU
 means the Understanding on Rules and Procedures Governing the Settlement of Disputes, contained in Annex 2 to the WTO Agreement;
enterprise
 means an entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including a corporation, trust, partnership, sole proprietorship, joint venture or other association;
existing
 means in effect on the date of entry into force of this Agreement;
GATS
 means the 
General Agreement on Trade in Services
, contained in Annex 1B to the WTO Agreement;
GATT 1994
 means the 
General Agreement on Tariffs and Trade 1994
, contained in Annex 1A to the WTO Agreement;
goods of a Party
 means domestic products as these are understood in the GATT 1994 or such goods as the Parties may decide, and includes originating goods of that Party;
Harmonized System
 (HS) means the 
Harmonized Commodity Description and Coding System
, including its General Rules of Interpretation, Section Notes, Chapter Notes and subheading notes;
heading
 means a four-digit number or the first four digits of a number used in the nomenclature of the HS;
measure
 includes a law, regulation, rule, procedure, decision, administrative action, requirement, practice or any other form of measure by a Party;
national
 means a natural person who is a citizen as defined in Article 1.2, or is a permanent resident of a Party;
originating
 means qualifying under the rules of origin set out in the Protocol on Rules of Origin and Origin Procedures;
Parties
 means, on the one hand, the European Union or its Member States or the European Union and its Member States within their respective areas of competence as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as the ‘EU Party’), and on the other hand, Canada;
person
 means a natural person or an enterprise;
person of a Party
 means a national or an enterprise of a Party;
preferential tariff treatment
 means the application of the duty rate under this Agreement to an originating good pursuant to the tariff elimination schedule;
Safeguards Agreement
 means the 
Agreement on Safeguards
, contained in Annex 1A to the WTO Agreement;
sanitary or phytosanitary measure
 means a measure referred to in Annex A, paragraph 1 of the SPS Agreement;
SCM Agreement
 means the 
Agreement on Subsidies and Countervailing Measures
, contained in Annex 1A to the WTO Agreement;
service supplier
 means a person that supplies or seeks to supply a service;
SPS Agreement
 means the 
Agreement on the Application of Sanitary and Phytosanitary Measures
, contained in Annex 1A to the WTO Agreement;
state enterprise
 means an enterprise that is owned or controlled by a Party;
subheading
 means a six-digit number or the first six digits of a number used in the nomenclature of the HS;
tariff classification
 means the classification of a good or material under a chapter, heading or subheading of the HS;
tariff elimination schedule
 means Annex 2-A (Tariff elimination);
TBT Agreement
 means the 
Agreement on Technical Barriers to Trade
, contained in Annex 1A to the WTO Agreement;
territory
 means the territory where this Agreement applies as set out under Article 1.3;
third country
 means a country or territory outside the geographic scope of application of this Agreement;
TRIPS Agreement
 means the 
Agreement on Trade-Related Aspects of Intellectual Property Rights
, contained in Annex 1C to the WTO Agreement;
Vienna Convention on the Law of Treaties
 means the 
Vienna Convention on the Law of Treaties
, done at Vienna on 23 May 1969;
WTO
 means the World Trade Organization; and
WTO Agreement
 means the 
Marrakesh Agreement Establishing the World Trade Organization
, done on 15 April 1994.
Article 1.2
Party-specific definitions
For the purposes of this Agreement, unless otherwise specified:
citizen
 means:
(a)
for Canada, a natural person who is a citizen of Canada under Canadian legislation;
(b)
for the EU Party, a natural person holding the nationality of a Member State; and
central government
 means:
(a)
for Canada, the Government of Canada; and
(b)
for the EU Party, the European Union or the national governments of its Member States;
Article 1.3
Geographical scope of application
Unless otherwise specified, this Agreement applies:
(a)
for Canada, to:
(i)
the land territory, air space, internal waters, and territorial sea of Canada;
(ii)
the exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the 
United Nations Convention on the Law of the Sea
, done at Montego Bay on 10 December 1982 (‘UNCLOS’); and,
(iii)
the continental shelf of Canada, as determined by its domestic law, consistent with Part VI of UNCLOS;
(b)
for the European Union, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied and under the conditions laid down in those Treaties. As regards the provisions concerning the tariff treatment of goods, this Agreement shall also apply to the areas of the European Union customs territory not covered by the first sentence of this subparagraph.
Section B
Initial provisions
Article 1.4
Establishment of a free trade area
The Parties hereby establish a free trade area in conformity with Article XXIV of GATT 1994 and Article V of the GATS.
Article 1.5
Relation to the WTO Agreement and other agreements
The Parties affirm their rights and obligations with respect to each other under the WTO Agreement and other agreements to which they are party.
Article 1.6
Reference to other agreements
When this Agreement refers to or incorporates by reference other agreements or legal instruments in whole or in part, those references include:
(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.
Article 1.7
Reference to laws
When this Agreement refers to laws, either generally or by reference to a specific statute, regulation or directive, the reference is to the laws, as they may be amended, unless otherwise indicated.
Article 1.8
Extent of obligations
1.   Each Party is fully responsible for the observance of all provisions of this Agreement.
2.   Each Party shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement, including their observance at all levels of government.
Article 1.9
Rights and obligations relating to water
1.   The Parties recognise that water in its natural state, including water in lakes, rivers, reservoirs, aquifers and water basins, is not a good or a product. Therefore, only Chapters Twenty-Two (Trade and Sustainable Development) and Twenty-Four (Trade and Environment) apply to such water.
2.   Each Party has the right to protect and preserve its natural water resources. Nothing in this Agreement obliges a Party to permit the commercial use of water for any purpose, including its withdrawal, extraction or diversion for export in bulk.
3.   If a Party permits the commercial use of a specific water source, it shall do so in a manner consistent with this Agreement.
Article 1.10
Persons exercising delegated governmental authority
Unless otherwise specified in this Agreement, each Party shall ensure that a person that has been delegated regulatory, administrative or other governmental authority by a Party, at any level of government, acts in accordance with the Party's obligations as set out under this Agreement in the exercise of that authority.
CHAPTER TWO
National treatment and market access for goods
Article 2.1
Objective
The Parties shall progressively liberalise trade in goods in accordance with the provisions of this Agreement over a transitional period starting from the entry into force of this Agreement.
Article 2.2
Scope
This Chapter applies to trade in goods of a Party, as defined in Chapter 1 (General Definitions and Initial Provisions), except as otherwise provided in this Agreement.
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 the GATT 1994. To this end Article III of the GATT 1994 is incorporated into and made part of this Agreement.
2.   Paragraph 1 means, with respect to a government in Canada other than at the federal level, or a government of or in a Member State of the European Union, treatment no less favourable than that accorded by that government to like, directly competitive or substitutable goods of Canada or the Member State, respectively.
3.   This Article does not apply to a measure, including a measure's continuation, prompt renewal or amendment, in respect of Canadian excise duties on absolute alcohol, as listed under tariff item 2207 10 90 in Canada's Schedule of Concessions (Schedule V) annexed to the 
Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994
, done on 15 April 1994 (the ‘Marrakesh Protocol’), used in manufacturing under provisions of the 
Excise Act, 2001
, S.C. 2002, c. 22.
Article 2.4
Reduction and elimination of customs duties on imports
1.   Each Party shall reduce or eliminate customs duties on goods originating in either Party in accordance with the tariff elimination schedules in Annex 2-A. For the purposes of this Chapter, ‘originating’ means originating in either Party under the rules of origin set out in the Protocol on rules of origin and origin procedures.
2.   For each good, the base rate of customs duties to which the successive reductions under paragraph 1 are to be applied shall be that specified in Annex 2-A.
3.   For goods that are subject to tariff preferences as listed in a Party's tariff elimination schedule in Annex 2-A, each Party shall apply to originating goods of the other Party the lesser of the customs duties resulting from a comparison between the rate calculated in accordance with that Party's Schedule and its applied Most-Favoured-Nation (‘MFN’) rate.
4.   On the request of a Party, the Parties may consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between the Parties. A decision of the CETA Joint Committee on the acceleration or elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to the Parties' Schedules in Annex 2-A for that good when approved by each Party in accordance with its applicable legal procedures.
Article 2.5
Restriction on duty drawback, duty deferral and duty suspension programs
1.   Subject to paragraphs 2 and 3, a Party shall not refund, defer or suspend a customs duty paid or payable on a non-originating good imported into its territory on the express condition that the good, or an identical, equivalent or similar substitute, is used as a material in the production of another good that is subsequently exported to the territory of the other Party under preferential tariff treatment pursuant to this Agreement.
2.   Paragraph 1 does not apply to a Party's regime of tariff reduction, suspension or remission, either permanent or temporary, if the reduction, suspension or remission is not expressly conditioned on the exportation of a good.
3.   Paragraph 1 does not apply until three years after the date of entry into force of this Agreement.
Article 2.6
Duties, taxes or other fees and charges on exports
A Party may not adopt or maintain any duties, taxes or other fees and charges imposed on, or in connection with, the export of a good to the other Party, or any internal taxes or fees and charges on a good exported to the other Party, that is in excess of those that would be imposed on those goods when destined for internal sale.
Article 2.7
Standstill
1.   Upon the entry into force of this Agreement a Party may not increase a customs duty existing at entry into force, or adopt a new customs duty, on a good originating in the Parties.
2.   Notwithstanding paragraph 1, a Party may:
(a)
modify a tariff outside this Agreement on a good for which no tariff preference is claimed under this Agreement;
(b)
increase a customs duty to the level established in its Schedule in Annex 2-A following a unilateral reduction; or
(c)
maintain or increase a customs duty as authorised by this Agreement or any agreement under the WTO Agreement.
3.   Notwithstanding paragraphs 1 and 2, only Canada may apply a special safeguard pursuant to Article 5 of the WTO Agreement on Agriculture. A special safeguard may only be applied with respect to goods classified in items with the notation ‘SSG’ in Canada's Schedule included in Annex 2-A. The use of this special safeguard is limited to imports not subject to tariff preference and, in the case of imports subject to a tariff rate quota, to imports over the access commitment.
Article 2.8
Temporary suspension of preferential tariff treatment
1.   A Party may temporarily suspend, in accordance with paragraphs 2 through 5, the preferential tariff treatment under this Agreement with respect to a good exported or produced by a person of the other Party if the Party:
(a)
as a result of an investigation based on objective, compelling and verifiable information, makes a finding that the person of the other Party has committed systematic breaches of customs legislation in order to obtain preferential tariff treatment under this Agreement; or
(b)
makes a finding that the other Party systematically and unjustifiably refuses to cooperate with respect to the investigation of breaches of customs legislation under Article 6.13.4 (Cooperation), and the Party requesting cooperation, based on objective, compelling and verifiable information, has reasonable grounds to conclude that the person of the other Party has committed systematic breaches of customs legislation in order to obtain preferential tariff treatment under this Agreement.
2.   A Party that has made a finding referred to in paragraph 1 shall:
(a)
notify the customs authority of the other Party and provide the information and evidence upon which the finding was based;
(b)
engage in consultations with the authorities of the other Party with a view to achieving a mutually acceptable resolution that addresses the concerns that resulted in the finding; and
(c)
provide written notice to that person of the other Party that includes the information that is the basis of the finding.
3.   If the authorities have not achieved a mutually acceptable resolution after 30 days, the Party that has made the finding shall refer the issue to the Joint Customs Cooperation Committee.
4.   If the Joint Customs Cooperation Committee has not resolved the issue after 60 days, the Party that has made the finding may temporarily suspend the preferential tariff treatment under this Agreement with respect to that good of that person of the other Party. The temporary suspension does not apply to a good that is already in transit between the Parties on the day that the temporary suspension comes into effect.
5.   The Party applying the temporary suspension under paragraph 1 shall only apply it for a period commensurate with the impact on the financial interests of that Party resulting from the situation responsible for the finding made pursuant to paragraph 1, to a maximum of 90 days. If the Party has reasonable grounds based on objective, compelling and verifiable information that the conditions that gave rise to the initial suspension have not changed after the expiry of the 90 day period, that Party may renew the suspension for a further period of no longer than 90 days. The original suspension and any renewed suspensions are subject to periodic consultations within the Joint Customs Cooperation Committee.
Article 2.9
Fees and other charges
1.   In accordance with Article VIII of GATT 1994, a Party shall not adopt or maintain a fee or charge on or in connection with importation or exportation of a good of a Party that is not commensurate with the cost of services rendered or that represents an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.
2.   For greater certainty, paragraph 1 does not prevent a Party from imposing a customs duty or a charge set out in paragraphs (a) through (c) of the definition of customs duty under Article 1.1 (Definitions of general application).
Article 2.10
Goods re-entered after repair or alteration
1.   For the purposes of this Article, repair or alteration means any processing operation undertaken on goods to remedy operating defects or material damage and entailing the re-establishment of goods to their original function or to ensure their compliance with technical requirements for their use, without which the goods could no longer be used in the normal way for the purposes for which they were intended. Repair or alteration of goods 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.   Except as provided in footnote 1, 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 
(
1
)
 
(
2
)
.
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 
(
3
)
.
Article 2.11
Import and export restrictions
1.   Except as otherwise provided in this Agreement, 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 the GATT 1994. To this end Article XI of the GATT 1994 is incorporated into and made a part of this Agreement.
2.   If a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a third country of a good, that Party may:
(a)
limit or prohibit the importation from the territory of the other Party of a good of that third country; or
(b)
limit or prohibit the exportation of a good to that third country through the territory of the other Party.
3.   If a Party adopts or maintains a prohibition or restriction on the importation of a good from a third country, the Parties, at the request of the other Party, shall enter into discussions with a view to avoiding undue interference with or distortion of pricing, marketing or distribution arrangements in the other Party.
4.   This Article does not apply to a measure, including that measure's continuation, prompt renewal or amendment, in respect of the following:
(a)
the export of logs of all species. If a Party ceases to require export permits for logs destined for a third country, that Party will permanently cease requiring export permits for logs destined for the other Party;
(b)
for a period of three years following the entry into force of this Agreement, the export of unprocessed fish pursuant to Newfoundland and Labrador's applicable legislation;
(c)
Canadian excise duties on absolute alcohol, as listed under tariff item 2207 10 90 in Canada's Schedule of Concessions annexed to the Marrakesh Protocol (Schedule V), used in manufacturing under the provisions of the Excise Act, 2001, S.C. 2002, c. 22; and
(d)
the importation of used vehicles into Canada that do not conform to Canada's safety and environmental requirements.
Article 2.12
Other provisions related to trade in goods
Each Party shall endeavour to ensure that a good of the other Party that has been imported into and lawfully sold or offered for sale in any place in the territory of the importing Party may also be sold or offered for sale throughout the territory of the importing Party.
Article 2.13
Committee on trade in goods
1.   The functions of the Committee on Trade in Goods established under Article 26.2.1 (a) (Specialised committees) include:
(a)
promoting trade in goods between the Parties, including through consultations on accelerating tariff elimination under this Agreement and other issues as appropriate;
(b)
recommending to the CETA Joint Committee a modification of or an addition to any provision of this Agreement related to the Harmonized System; and
(c)
promptly addressing issues related to movement of goods through the Parties' ports of entry.
2.   The Committee on Trade in Goods may present to the CETA Joint Committee draft decisions on the acceleration or elimination of a customs duty on a good.
3.   The Committee on Agriculture established under Article 26.2.1 (a) (Specialised committees) shall:
(a)
meet within 90 days of a request by a Party;
(b)
provide a forum for the Parties to discuss issues related to agricultural goods covered by this Agreement; and
(c)
refer to the Committee on Trade in Goods any unresolved issue under subparagraph (b).
4.   The Parties note the cooperation and exchange of information on agriculture issues under the annual Canada-European Union Agriculture Dialogue, as established in letters exchanged on 14 July 2008. As appropriate, the Agriculture Dialogue may be used for the purpose of paragraph 3.
CHAPTER THREE
Trade remedies
Section A
Anti-dumping and countervailing measures
Article 3.1
General provisions concerning anti-dumping and countervailing measures
1.   The Parties reaffirm their rights and obligations under Article VI of GATT 1994, the Anti-dumping Agreement and the SCM Agreement.
2.   The Protocol on rules of origin and origin procedures shall not apply to antidumping and countervailing measures.
Article 3.2
Transparency
1.   Each Party shall apply anti-dumping and countervailing measures in accordance with the relevant WTO requirements and pursuant to a fair and transparent process.
2.   A Party shall ensure, after an imposition of provisional measures and, in any case, before a final determination is made, full and meaningful disclosure of all 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.   Provided it does not unnecessarily delay the conduct of the investigation, each interested party in an anti-dumping or countervailing investigation 
(
4
)
 shall be granted a full opportunity to defend its interests.
Article 3.3
Consideration of public interest and lesser duty
1.   Each Party's authorities shall consider information provided in accordance with the Party's law as to whether imposing an anti-dumping or countervailing duty would not be in the public interest.
2.   After considering the information referred to in paragraph 1, the Party's authorities may consider 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, in accordance with the Party's law.
Section B
Global safeguard measures
Article 3.4
General provisions concerning global safeguard measures
1.   The Parties reaffirm their rights and obligations concerning global safeguard measures under Article XIX of GATT 1994 and the Safeguards Agreement.
2.   The Protocol on rules of origin and origin procedures shall not apply to global safeguard measures.
Article 3.5
Transparency
1.   At the request of the exporting Party, the Party initiating a safeguard investigation or intending to adopt provisional or definitive global safeguard measures shall immediately provide:
(a)
the information referred to in Article 12.2 of the Safeguards Agreement, in the format prescribed by the WTO Committee on Safeguards;
(b)
the public version of the complaint filed by the domestic industry, where relevant; and
(c)
a public report setting forth the findings and reasoned conclusions on all pertinent issues of fact and law considered in the safeguard investigation. The public report shall include an analysis that attributes injury to the factors causing it and set out the method used in defining the global safeguard measures.
2.   When information is provided under this Article, the importing Party shall offer to hold consultations with the exporting Party in order to review the information provided.
Article 3.6
Imposition of definitive measures
1.   A Party adopting global safeguard measures shall endeavour to impose them in a way that least affects bilateral trade.
2.   The importing Party shall offer to hold consultations with the exporting Party in order to review the matter referred to in paragraph 1. The importing Party shall not adopt measures until 30 days have elapsed since the date the offer to hold consultations was made.
Section C
General provisions
Article 3.7
Exclusion from dispute settlement
This Chapter is not subject to Chapter Twenty-Nine (Dispute Settlement).
CHAPTER FOUR
Technical barriers to trade
Article 4.1
Scope and definitions
1.   This Chapter applies to the preparation, adoption, and application of technical regulations, standards, and conformity assessment procedures that may affect trade in goods between the Parties.
2.   This Chapter does not apply to:
(a)
purchasing specifications prepared by a governmental body for production or consumption requirements of governmental bodies; or
(b)
a sanitary or phytosanitary measure as defined in Annex A of the SPS Agreement.
3.   Except where this Agreement, including the incorporated provisions of the TBT Agreement pursuant to Article 4.2, defines or gives a meaning to a term, the general terms for standardisation and conformity assessment procedures shall normally have the meaning given to them by the definition adopted within the United Nations system and by international standardising bodies taking into account their context and in the light of the object and purpose of this Chapter.
4.   References in this Chapter to technical regulations, standards, 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.
5.   Article 1.8.2 (Extent of obligations) does not apply to Articles 3, 4, 7, 8 and 9 of the TBT Agreement, as incorporated into this Agreement.
Article 4.2
Incorporation of the TBT Agreement
1.   The following provisions of the TBT Agreement are hereby incorporated into and made part of this Agreement:
(a)
Article 2 (Preparation, Adoption and Application of Technical Regulations by Central Government Bodies);
(b)
Article 3 (Preparation, Adoption and Application of Technical Regulations by Local Government Bodies and Non-Governmental Bodies);
(c)
Article 4 (Preparation, Adoption and Application of Standards);
(d)
Article 5 (Procedures for Assessment of Conformity by Central Government Bodies);
(e)
Article 6 (Recognition of Conformity Assessment by Central Government Bodies), without limiting a Party's rights or obligations under the Protocol on the Mutual Acceptance of the Results of Conformity Assessment, and the Protocol on the Mutual Recognition of the Compliance and Enforcement Programme Regarding Good Manufacturing Practices for Pharmaceutical Products;
(f)
Article 7 (Procedures for Assessment of Conformity by Local Government Bodies);
(g)
Article 8 (Procedures for Assessment of Conformity by Non-Governmental Bodies);
(h)
Article 9 (International and Regional Systems);
(i)
Annex 1 (Terms and their Definitions for the Purpose of this Agreement); and
(j)
Annex 3 (Code of Good Practice for the Preparation, Adoption and Application of Standards).
2.   The term ‘Members’ in the incorporated provisions shall have the same meaning in this Agreement as it has in the TBT Agreement.
3.   With respect to Articles 3, 4, 7, 8 and 9 of the TBT Agreement, Chapter Twenty-Nine (Dispute Settlement) can be invoked in cases where a Party considers that the other Party has not achieved satisfactory results under these Articles and its trade interests are significantly affected. In this respect, such results shall be equivalent to those as if the body in question were a Party.
Article 4.3
Cooperation
The Parties shall strengthen their cooperation in the areas of technical regulations, standards, metrology, conformity assessment procedures, market surveillance or monitoring and enforcement activities in order to facilitate trade between the Parties, as set out in Chapter Twenty-One (Regulatory Cooperation). This may include promoting and encouraging cooperation between the Parties' respective public or private organisations responsible for metrology, standardisation, testing, certification and accreditation, market surveillance or monitoring and enforcement activities; and, in particular, encouraging their accreditation and conformity assessment bodies to participate in cooperation arrangements that promote the acceptance of conformity assessment results.
Article 4.4
Technical regulations
1.   The Parties undertake to cooperate to the extent possible, to ensure that their technical regulations are compatible with one another. To this end, if a Party expresses an interest in developing a technical regulation equivalent or similar in scope to one that exists in or is being prepared by the other Party, that other Party shall, on request, provide to the Party, to the extent practicable, the relevant information, studies and data upon which it has relied in the preparation of its technical regulation, whether adopted or being developed. The Parties recognise that it may be necessary to clarify and agree on the scope of a specific request, and that confidential information may be withheld.
2.   A Party that has prepared a technical regulation that it considers to be equivalent to a technical regulation of the other Party having compatible objective and product scope may request that the other Party recognise the technical regulation as equivalent. The Party shall make the request in writing and set out detailed reasons why the technical regulation should be considered equivalent, including reasons with respect to product scope. The Party that does not agree that the technical regulation is equivalent shall provide to the other Party, upon request, the reasons for its decision.
Article 4.5
Conformity assessment
The Parties shall observe the Protocol on the mutual acceptance of the results of conformity assessment, and the Protocol on the mutual recognition of the compliance and enforcement programme regarding good manufacturing practices for pharmaceutical products.
Article 4.6
Transparency
1.   Each Party shall ensure that transparency procedures regarding the development of technical regulations and conformity assessment procedures allow interested persons of the Parties to participate at an early appropriate stage when amendments can still be introduced and comments taken into account, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. Where a consultation process regarding the development of technical regulations or conformity assessment procedures is open to the public, each Party shall permit persons of the other Party to participate on terms no less favourable than those accorded to its own persons.
2.   The Parties shall promote closer cooperation between the standardisation bodies located within their respective territories with a view to facilitating, among other things, the exchange of information about their respective activities, as well as the harmonisation of standards based on mutual interest and reciprocity, according to modalities to be agreed by the standardisation bodies concerned.
3.   Each Party shall endeavour to 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 give positive consideration to a reasonable request to extend the comment period.
4.   If a Party receives comments on its proposed technical regulation or conformity assessment procedure from the other Party, it shall reply in writing to those comments before the technical regulation or conformity assessment procedure is adopted.
5.   Each Party shall publish or otherwise make publicly available, in print or electronically, its responses or a summary of its responses, to significant comments it receives, no later than the date it publishes the adopted technical regulation or conformity assessment procedure.
6.   Each Party shall, upon 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.
7.   A Party shall give positive consideration to a reasonable request from the other Party, received prior to the end of the comment period following the transmission of a proposed technical regulation, to establish or extend the period of time between the adoption of the technical regulation and the day upon which it is applicable, except where the delay would be ineffective in fulfilling the legitimate objectives pursued.
8.   Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are publicly available on official websites.
9.   If a Party detains at a port of entry a good imported from the territory of the other Party on the grounds that the good has failed to comply with a technical regulation, it shall, without undue delay, notify the importer of the reasons for the detention of the good.
Article 4.7
Management of the Chapter
1.   The Parties shall cooperate on issues covered by this Chapter. The Parties agree that the Committee on Trade in Goods, established under Article 26.2.1(a) shall:
(a)
manage the implementation of this Chapter;
(b)
promptly address an issue that a Party raises related to the development, adoption or application of standards, technical regulations or conformity assessment procedures;
(c)
on a Party's request, facilitate discussion of the assessment of risk or hazard conducted by the other Party;
(d)
encourage cooperation between the standardisation bodies and conformity assessment bodies of the Parties;
(e)
exchange information on standards, technical regulations, or conformity assessment procedures including those of third parties or international bodies where there is a mutual interest in doing so;
(f)
review this Chapter in the light of developments before the WTO Committee on Technical Barriers to Trade or under the TBT Agreement, and, if necessary, develop recommendations to amend this Chapter for consideration by the CETA Joint Committee;
(g)
take other steps that the Parties consider will assist them to implement this Chapter and the TBT Agreement and to facilitate trade between the Parties; and
(h)
report to the CETA Joint Committee on the implementation of this Chapter, as appropriate.
2.   If the Parties are unable to resolve a matter covered under this Chapter through the Committee on Trade in Goods, upon request of a Party, the CETA Joint Committee may establish an 
ad hoc
 technical working group to identify solutions to facilitate trade. If a Party does not agree with a request from the other Party to establish a technical working group, it shall, on request, explain the reasons for its decision. The Parties shall lead the technical working group.
3.   When a Party has requested information, the other Party shall provide the information, pursuant to the provisions of this Chapter, in print or electronically within a reasonable period of time. The Party shall endeavour to respond to each request for information within 60 days.
CHAPTER FIVE
Sanitary and phytosanitary measures
Article 5.1
Definitions
1.   For the purposes of this Chapter, the following definitions apply:
(a)
the definitions in Annex A of the SPS Agreement;
(b)
the definitions adopted under the auspices of the Codex Alimentarius Commission (the ‘Codex’);
(c)
the definitions adopted under the auspices of the World Organisation for Animal Health (the ‘OIE’);
(d)
the definitions adopted under the auspices of the 
International Plant Protection Convention
 (the ‘IPPC’);
(e)
protected zone for a specified regulated harmful organism means an officially defined geographical area in the European Union in which that organism is not established in spite of favourable conditions for its establishment and its presence in other parts of the European Union; and
(f)
a competent authority of a Party means an authority listed in Annex 5-A.
2.   Further to paragraph 1, the definitions under the SPS Agreement prevail to the extent that there is an inconsistency between the definitions adopted under the auspices of the Codex, the OIE, the IPPC and the definitions under the SPS Agreement.
Article 5.2
Objectives
The objectives of this Chapter are to:
(a)
protect human, animal and plant life or health while facilitating trade;
(b)
ensure that the Parties' sanitary and phytosanitary (‘SPS’) measures do not create unjustified barriers to trade; and
(c)
further the implementation of the SPS Agreement.
Article 5.3
Scope
This Chapter applies to SPS measures that may, directly or indirectly, affect trade between the Parties.
Article 5.4
Rights and obligations
The Parties affirm their rights and obligations under the SPS Agreement.
Article 5.5
Adaptation to regional conditions
1.   With respect to an animal, animal product and animal by-product:
(a)
the Parties recognise the concept of zoning and they have decided to apply this concept to the diseases listed in Annex 5-B;
(b)
if the Parties decide on principles and guidelines to recognise regional conditions, they shall include them in Annex 5-C;
(c)
for the purpose of subparagraph (a), the importing Party shall base its sanitary measure applicable to the exporting Party whose territory is affected by a disease listed in Annex 5-B on the zoning decision made by the exporting Party, provided that the importing Party is satisfied that the exporting Party's zoning decision is in accordance with the principles and guidelines that the Parties set out in Annex 5-C, and is based on relevant international standards, guidelines, and recommendations. The importing Party may apply any additional measure to achieve its appropriate level of sanitary protection;
(d)
if a Party considers that it has a special status with respect to a disease not listed in Annex 5-B, it may request recognition of that status. The importing Party may request additional guarantees for imports of live animals, animal products, and animal by-products appropriate to the agreed status recognised by the importing Party, including the special conditions identified in Annex 5-E; and
(e)
the Parties recognise the concept of compartmentalisation and agree to cooperate on this matter.
2.   With respect to a plant and plant product:
(a)
when the importing Party establishes or maintains its phytosanitary measure, it shall take into account, among other things, the pest status of an area, such as a pest-free area, pest-free place of production, pest-free production site, an area of low pest prevalence and a protected zone that the exporting Party has established; and
(b)
if the Parties decide on principles and guidelines to recognise regional conditions, they shall include them in Annex 5-C.
Article 5.6
Equivalence
1.   The importing Party shall accept the SPS measure of the exporting Party as equivalent to its own if the exporting Party objectively demonstrates to the importing Party that its measure achieves the importing Party's appropriate level of SPS protection.
2.   Annex 5-D sets out principles and guidelines to determine, recognise, and maintain equivalence.
3.   Annex 5-E sets out:
(a)
the area for which the importing Party recognises that an SPS measure of the exporting Party is equivalent to its own; and
(b)
the area for which the importing Party recognises that the fulfilment of the specified special condition, combined with the exporting Party's SPS measure, achieves the importing Party's appropriate level of SPS protection.
4.   For the purposes of this Chapter, Article 1.7 (Reference to laws) applies subject to this Article, Annex 5-D and the General Notes under Annex 5-E.
Article 5.7
Trade conditions
1.   The importing Party shall make available its general SPS import requirements for all commodities. If the Parties jointly identify a commodity as a priority, the importing Party shall establish specific SPS import requirements for that commodity, unless the Parties decide otherwise. In identifying which commodities are priorities, the Parties shall cooperate to ensure the efficient management of their available resources. The specific import requirements should be applicable to the total territory of the exporting Party.
2.   Pursuant to paragraph 1, the importing Party shall undertake, without undue delay, the necessary process to establish specific SPS import requirements for the commodity that is identified as a priority. Once these specific import requirements are established, the importing Party shall take the necessary steps, without undue delay, to allow trade on the basis of these import requirements.
3.   For the purpose of establishing the specific SPS import requirements, the exporting Party shall, at the request of the importing Party:
(a)
provide all relevant information required by the importing Party; and
(b)
give reasonable access to the importing Party to inspect, test, audit and perform other relevant procedures.
4.   If the importing Party maintains a list of authorised establishments or facilities for the import of a commodity, it shall approve an establishment or facility situated in the territory of the exporting Party without prior inspection of that establishment or facility if:
(a)
the exporting Party has requested such an approval for the establishment or facility, accompanied by the appropriate guarantees; and
(b)
the conditions and procedures set out in Annex 5-F are fulfilled.
5.   Further to paragraph 4, the importing Party shall make its lists of authorised establishments or facilities publicly available.
6.   A Party shall normally accept a consignment of a regulated commodity without pre-clearance of the commodity on a consignment basis, unless the Parties decide otherwise.
7.   The importing Party may require that the relevant competent authority of the exporting Party objectively demonstrate, to the satisfaction of the importing Party, that the import requirements may be fulfilled or are fulfilled.
8.   The Parties should follow the procedure set out in Annex 5-G on the specific import requirements for plant health.
Article 5.8
Audit and verification
1.   For the purpose of maintaining confidence in the implementation of this Chapter, a Party may carry out an audit or verification, or both, of all or part of the control programme of the competent authority of the other Party. The Party shall bear its own costs associated with the audit or verification.
2.   If the Parties decide on principles and guidelines to conduct an audit or verification, they shall include them in Annex 5-H. If a Party conducts an audit or verification, it shall do so in accordance with any principles and guidelines in Annex 5-H.
Article 5.9
Export certification
1.   When an official health certificate is required to import a consignment of live animals or animal products, and if the importing Party has accepted the SPS measure of the exporting Party as equivalent to its own with respect to such animals or animal products, the Parties shall use the model health attestation prescribed in Annex 5-I for such certificate, unless the Parties decide otherwise. The Parties may also use a model attestation for other products if they so decide.
2.   Annex 5-I sets out principles and guidelines for export certification, including electronic certification, withdrawal or replacement of certificates, language regimes and model attestations.
Article 5.10
Import checks and fees
1.   Annex 5-J sets out principles and guidelines for import checks and fees, including the frequency rate for import checks.
2.   If import checks reveal non-compliance with the relevant import requirements, the action taken by the importing Party must be based on an assessment of the risk involved and not be more trade-restrictive than required to achieve the Party's appropriate level of sanitary or phytosanitary protection.
3.   Whenever possible, the importing Party shall notify the importer of a non-compliant consignment, or its representative, of the reason for non-compliance, and provide them with an opportunity for a review of the decision. The importing Party shall consider any relevant information submitted to assist in the review.
4.   A Party may collect fees for the costs incurred to conduct frontier checks, which should not exceed the recovery of the costs.
Article 5.11
Notification and information exchange
1.   A Party shall notify the other Party without undue delay of a:
(a)
significant change to pest or disease status, such as the presence and evolution of a disease listed in Annex 5-B;
(b)
finding of epidemiological importance with respect to an animal disease, which is not listed in Annex 5-B, or which is a new disease; and
(c)
significant food safety issue related to a product traded between the Parties.
2.   The Parties endeavour to exchange information on other relevant issues including:
(a)
a change to a Party's SPS measure;
(b)
any significant change to the structure or organisation of a Party's competent authority;
(c)
on request, the results of a Party's official control and a report that concerns the results of the control carried out;
(d)
the results of an import check provided for in Article 5.10 in case of a rejected or a non-compliant consignment; and
(e)
on request, a risk analysis or scientific opinion that a Party has produced and that is relevant to this Chapter.
3.   Unless the Joint Management Committee decides otherwise, when the information referred to in paragraph 1 or 2 has been made available via notification to the WTO's Central Registry of Notifications or to the relevant international standard-setting body, in accordance with its relevant rules, the requirements in paragraphs 1 and 2, as they apply to that information, are fulfilled.
Article 5.12
Technical consultations
If a Party has a significant concern with respect to food safety, plant health, or animal health, or an SPS measure that the other Party has proposed or implemented, that Party may request technical consultations with the other Party. The Party that is the subject of the request should respond to the request without undue delay. Each Party shall endeavour to provide the information necessary to avoid a disruption to trade and, as the case may be, to reach a mutually acceptable solution.
Article 5.13
Emergency SPS measures
1.   A Party shall notify the other Party of an emergency SPS measure within 24 hours of its decision to implement the measure. If a Party requests technical consultations to address the emergency SPS measure, the technical consultations must be held within 10 days of the notification of the emergency SPS measure. The Parties shall consider any information provided through the technical consultations.
2.   The importing Party shall consider the information that was provided in a timely manner by the exporting Party when it makes its decision with respect to a consignment that, at the time of adoption of the emergency SPS measure, is being transported between the Parties.
Article 5.14
Joint Management Committee for Sanitary and Phytosanitary Measures
1.   The Joint Management Committee for Sanitary and Phytosanitary Measures (the ‘Joint Management Committee’), established under Article 26.2.1(d), comprises regulatory and trade representatives of each Party responsible for SPS measures.
2.   The functions of the Joint Management Committee include:
(a)
to monitor the implementation of this Chapter, to consider any matter related to this Chapter and to examine all matters which may arise in relation to its implementation;
(b)
to provide direction for the identification, prioritisation, management and resolution of issues;
(c)
to address any request by a Party to modify an import check;
(d)
at least once a year, to review the annexes to this Chapter, notably in the light of progress made under the consultations provided for under this Agreement. Following its review, the Joint Management Committee may decide to amend the annexes to this Chapter. The Parties may approve the Joint Management Committee's decision, in accordance with their respective procedures necessary for the entry into force of the amendment. The decision enters into force on a date agreed by the Parties;
(e)
to monitor the implementation of a decision referred to in subparagraph (d), above, as well as the operation of measures referred to under subparagraph (d) above;
(f)
to provide a regular forum to exchange information that relates to each Party's regulatory system, including the scientific and risk assessment basis for an SPS measure; and
(g)
to prepare and maintain a document that details the state of discussions between the Parties on their work on recognition of the equivalence of specific SPS measures.
3.   The Joint Management Committee may, among other things:
(a)
identify opportunities for greater bilateral engagement, including enhanced relationships, which may include an exchange of officials;
(b)
discuss at an early stage, a change to, or a proposed change to, an SPS measure being considered;
(c)
facilitate improved understanding between the Parties on the implementation of the SPS Agreement, and promote cooperation between the Parties on SPS issues under discussion in multilateral fora, including the WTO Committee on Sanitary and Phytosanitary Measures and international standard-setting bodies, as appropriate; or
(d)
identify and discuss, at an early stage, initiatives that have an SPS component, and that would benefit from cooperation.
4.   The Joint Management Committee may establish working groups comprising expert-level representatives of the Parties, to address specific SPS issues.
5.   A Party may refer any SPS issue to the Joint Management Committee. The Joint Management Committee should consider the issue as expeditiously as possible.
6.   If the Joint Management Committee is unable to resolve an issue expeditiously, it shall, at the request of a Party, report promptly to the CETA Joint Committee.
7.   Unless the Parties decide otherwise, the Joint Management Committee shall meet and establish its work programme no later than 180 days following the entry into force of this Agreement, and its rules of procedure no later than one year after the entry into force of this Agreement.
8.   Following its initial meeting, the Joint Management Committee shall meet as required, normally on an annual basis. The Joint Management Committee may decide to meet by videoconference or teleconference, and it may also address issues out of session by correspondence.
9.   The Joint Management Committee shall report annually on its activities and work programme to the CETA Joint Committee.
10.   Upon entry into force of this Agreement, each Party shall designate and inform the other Party, in writing, of a contact point to coordinate the Joint Management Committee's agenda and to facilitate communication on SPS matters.
CHAPTER SIX
Customs and trade facilitation
Article 6.1
Objectives and principles
1.   The Parties acknowledge the importance of customs and trade facilitation matters in the evolving global trading environment.
2.   The Parties shall, to the extent possible, cooperate and exchange information, including information on best practices, to promote the application of and compliance with the trade facilitation measures in this Agreement.
3.   Measures to facilitate trade shall not hinder mechanisms to protect a person through effective enforcement of and compliance with a Party's law.
4.   Import, export and transit requirements and procedures shall be no more administratively burdensome or trade restrictive than necessary to achieve a legitimate objective.
5.   Existing international trade and customs instruments and standards shall be the basis for import, export and transit requirements and procedures, except if these instruments and standards would be an inappropriate or ineffective means for the fulfilment of the legitimate objective pursued.
Article 6.2
Transparency
1.   Each Party shall publish or otherwise make available, including through electronic means, its legislation, regulations, judicial decisions and administrative policies relating to requirements for the import or export of goods.
2.   Each Party shall endeavour to make public, including on the internet, proposed regulations and administrative policies relating to customs matters and to provide interested persons an opportunity to comment prior to their adoption.
3.   Each Party shall designate or maintain one or more contact points to address inquiries by interested persons concerning customs matters and make available on the internet information concerning the procedures for making such inquiries.
Article 6.3
Release of goods
1.   Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties and reduce costs for importers and exporters.
2.   Each Party shall ensure that these simplified procedures:
(a)
allow for the release of goods within a period of time no longer than that required to ensure compliance with its law;
(b)
allow goods, and to the extent possible controlled or regulated goods, to be released at the first point of arrival;
(c)
endeavour to allow for the expeditious release of goods in need of emergency clearance;
(d)
allow an importer or its agent to remove goods from customs' control prior to the final determination and payment of customs duties, taxes, and fees. Before releasing the goods, a Party may require that an importer provide sufficient guarantee in the form of a surety, a deposit, or some other appropriate instrument; and
(e)
provide for, in accordance with its law, simplified documentation requirements for the entry of low-value goods as determined by each Party.
3.   Each Party, in its simplified procedures, may require the submission of more extensive information through post-entry accounting and verifications, as appropriate.
4.   Each Party shall allow for the expedited release of goods and, to the extent possible and if applicable, shall:
(a)
provide for advance electronic submission and processing of information before physical arrival of goods to enable their release upon arrival, if no risk has been identified or if no random checks are to be performed; and
(b)
provide for clearance of certain goods with a minimum of documentation.
5.   Each Party shall, to the extent possible, ensure that its authorities and agencies involved in border and other import and export controls cooperate and coordinate to facilitate trade by, among other things, converging import and export data and documentation requirements and establishing a single location for one-time documentary and physical verification of consignments.
6.   Each Party shall ensure, to the extent possible, that its import and export requirements for goods are coordinated to facilitate trade, regardless of whether these requirements are administered by an agency or on behalf of that agency by the customs administration.
Article 6.4
Customs valuation
1.   The Customs Valuation Agreement governs customs valuation applied to reciprocal trade between the Parties.
2.   The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.
Article 6.5
Classification of goods
The classification of goods in trade between the Parties under this Agreement is set out in each Party's respective tariff nomenclature in conformity with the Harmonized System.
Article 6.6
Fees and charges
Each Party shall publish or otherwise make available information on fees and charges imposed by a customs administration of that Party, including through electronic means. This information includes the applicable fees and charges, the specific reason for the fee or charge, the responsible authority, and when and how payment is to be made. A Party shall not impose new or amended fees and charges until it publishes or otherwise makes available this information.
Article 6.7
Risk management
1.   Each Party shall base its examination, release and post-entry verification procedures on risk assessment principles, rather than requiring each shipment offered for entry to be examined in a comprehensive manner for compliance with import requirements.
2.   Each Party shall adopt and apply its import, export and transit requirements and procedures for goods on the basis of risk management principles and focus compliance measures on transactions that merit attention.
3.   Paragraphs 1 and 2 do not preclude a Party from conducting quality control and compliance reviews that can require more extensive examinations.
Article 6.8
Automation
1.   Each Party shall use information technologies that expedite its procedures for the release of goods in order to facilitate trade, including trade between the Parties.
2.   Each Party shall:
(a)
endeavour to make available by electronic means customs forms that are required for the import or export of goods;
(b)
allow, subject to its law, those customs forms to be submitted in electronic format; and
(c)
if possible, through its customs administration, provide for the electronic exchange of information with its trading community.
3.   Each Party shall endeavour to:
(a)
develop or maintain fully interconnected single window systems to facilitate a single, electronic submission of the information required by customs and non-customs legislation for cross-border movements of goods; and
(b)
develop a set of data elements and processes in accordance with the World Customs Organization (‘WCO’) Data Model and related WCO recommendations and guidelines.
4.   The Parties shall endeavour to cooperate on the development of interoperable electronic systems, including taking account of the work at the WCO, in order to facilitate trade between the Parties.
Article 6.9
Advance rulings
1.   Each Party shall issue, upon written request, advance rulings on tariff classification in accordance with its law.
2.   Subject to confidentiality requirements, each Party shall publish, for example on the internet, information on advance rulings on tariff classification that is relevant to understand and apply tariff classification rules.
3.   To facilitate trade, the Parties shall include in their bilateral dialogue regular updates on changes in their respective laws and implementation measures regarding matters referred to in paragraphs 1 and 2.
Article 6.10
Review and appeal
1.   Each Party shall ensure that an administrative action or official decision taken in respect of the import of goods is reviewable promptly by judicial, arbitral, or administrative tribunals or through administrative procedures.
2.   The tribunal or official acting pursuant to those administrative procedures shall be independent of the official or office issuing the decision and shall have the competence to maintain, modify or reverse the determination in accordance with the Party's law.
3.   Before requiring a person to seek redress at a more formal or judicial level, each Party shall provide for an administrative level of appeal or review that is independent of the official or the office responsible for the original action or decision.
4.   Each Party shall grant substantially the same right of review and appeal of determinations of advance rulings by its customs administration that it provides to importers in its territory to a person that has received an advance ruling pursuant to Article 6.9.
Article 6.11
Penalties
Each Party shall ensure that its customs law provides that penalties imposed for breaches to it be proportionate and non-discriminatory and that the application of these penalties does not result in unwarranted delays.
Article 6.12
Confidentiality
1.   Each Party shall, in accordance with its law, treat as strictly confidential all information obtained under this Chapter that is by its nature confidential or that is provided on a confidential basis, and shall protect that information from disclosure that could prejudice the competitive position of the person providing the information.
2.   If the Party receiving or obtaining the information referred to in paragraph 1 is required by its law to disclose the information, that Party shall notify the Party or person who provided that information.
3.   Each Party shall ensure that the confidential information collected under this Chapter shall not be used for purposes other than the administration and enforcement of customs matters, except with the permission of the Party or person that provided that confidential information.
4.   A Party may allow information collected under this Chapter to be used in administrative, judicial or quasi-judicial proceedings instituted for failure to comply with customs-related laws implementing this Chapter. A Party shall notify the Party or person that provided the information in advance of such use.
Article 6.13
Cooperation
1.   The Parties shall continue to cooperate in international 
fora
, such as the WCO, to achieve mutually-recognised goals, including those set out in the WCO Framework of Standards to Secure and Facilitate Global Trade.
2.   The Parties shall regularly review relevant international initiatives on trade facilitation, including the Compendium of Trade Facilitation Recommendations developed by the United Nations Conference on Trade and Development and the United Nations Economic Commission for Europe, to identify areas where further joint action would facilitate trade between the Parties and promote shared multilateral objectives.
3.   The Parties shall cooperate in accordance with the Agreement between Canada and the 
European Community on Customs Cooperation and Mutual Assistance in Customs Matters
, done at Ottawa on 4 December 1997 (the ‘Canada-EU Customs Cooperation Agreement’).
4.   The Parties shall provide each other with mutual assistance in customs matters in accordance with the Canada-EU Customs Cooperation Agreement, including matters relating to a suspected breach of a Party's customs legislation, as defined in that agreement, and to the implementation of this Agreement.
Article 6.14
Joint Customs Cooperation Committee
1.   The Joint Customs Cooperation Committee, which is granted authority to act under the auspices of the CETA Joint Committee as a specialised committee pursuant to Article 26.2.1 (c) (Specialised committees), shall ensure the proper functioning of this Chapter and the Protocol on Rules of Origin and Origin Procedures, as well as Article 20.43 (Scope of border measures) and Article 2.8 (Temporary suspension of preferential tariff treatment). The Joint Customs Cooperation Committee shall examine issues arising from their application in accordance with the objectives of this Agreement.
2.   For matters covered by this Agreement, the Joint Customs Cooperation Committee shall comprise representatives of the customs, trade, or other competent authorities as each Party deems appropriate.
3.   Each Party shall ensure that its representatives in Joint Customs Cooperation Committee meetings have an expertise that corresponds to the agenda items. The Joint Customs Cooperation Committee may meet in a specific configuration of expertise to deal with rules of origin or origin procedures matters either as the Joint Customs Cooperation Committee-Rules of Origin or the Joint Customs Cooperation Committee-Origin Procedures.
4.   The Joint Customs Cooperation Committee may formulate resolutions, recommendations, or opinions and present draft decisions to the CETA Joint Committee that it considers necessary for the attainment of the common objectives and sound functioning of the mechanisms established in this Chapter and the Protocol on Rules of Origin and Origin Procedures, as well as Article 20.43 (Scope of border measures) and Article 2.8 (Temporary suspension of preferential tariff treatment).
CHAPTER SEVEN
Subsidies
Article 7.1
Definition of a subsidy
1.   For the purposes of this Agreement, a 
subsidy
 means a measure related to trade in goods, which fulfils the conditions set out in Article 1.1 of the SCM Agreement.
2.   A subsidy is subject to this Chapter only if it is specific within the meaning of Article 2 of the SCM Agreement.
Article 7.2
Transparency
1.   Every two years, each Party shall notify the other Party of the following with respect to any subsidy granted or maintained within its territory:
(a)
the legal basis of the subsidy;
(b)
the form of the subsidy; and
(c)
the amount of the subsidy or the amount budgeted for the subsidy.
2.   Notifications provided to the WTO under Article 25.1 of the SCM Agreement are deemed to meet the requirement set out in paragraph 1.
3.   At the request of the other Party, a Party shall promptly provide information and respond to questions pertaining to particular instances of government support related to trade in services provided within its territory.
Article 7.3
Consultations on subsidies and government support in sectors other than agriculture and fisheries
1.   If a Party considers that a subsidy, or a particular instance of government support related to trade in services, granted by the other Party is adversely affecting, or may adversely affect its interests, it may express its concerns to the other Party and request consultations on the matter. The responding Party shall accord full and sympathetic consideration to that request.
2.   During consultations, a Party may seek additional information on a subsidy or particular instance of government support related to trade in services provided by the other Party, including its policy objective, its amount, and any measures taken to limit the potential distortive effect on trade.
3.   On the basis of the consultations, the responding Party shall endeavour to eliminate or minimise any adverse effects of the subsidy, or the particular instance of government support related to trade in services, on the requesting Party's interests.
4.   This Article does not apply to subsidies related to agricultural goods and fisheries products, and is without prejudice to Articles 7.4 and 7.5.
Article 7.4
Consultations on subsidies related to agricultural goods and fisheries products
1.   The Parties share the objective of working jointly to reach an agreement:
(a)
to further enhance multilateral disciplines and rules on agricultural trade in the WTO; and
(b)
to help develop a global, multilateral resolution to fisheries subsidies.
2.   If a Party considers that a subsidy, or the provision of government support, granted by the other Party, is adversely affecting, or may adversely affect, its interests with respect to agricultural goods or fisheries products, it may express its concerns to the other Party and request consultations on the matter.
3.   The responding Party shall accord full and sympathetic consideration to that request and will use its best endeavours to eliminate or minimise the adverse effects of the subsidy, or the provision of government support, on the requesting Party's interests with regard to agricultural goods and fisheries products.
Article 7.5
Agriculture export subsidies
1.   For the purposes of this Article:
(a)
export subsidy
 means an export subsidy as defined in Article 1(e) of the Agreement on Agriculture; and
(b)
full elimination
 of a tariff means, where tariff quotas exist, the elimination of either the in-quota or over-quota tariff.
2.   A Party shall not adopt or maintain an export subsidy on an agricultural good that is exported, or incorporated in a product that is exported, to the territory of the other Party after the other Party has fully eliminated the tariff, immediately or after the transitional period, on that agricultural good in accordance with Annex 2-A (Tariff Elimination), including its Tariff Schedules.
Article 7.6
Confidentiality
When providing information under this Chapter, a Party is not required to disclose confidential information.
Article 7.7
Exclusion of subsidies and government support for audio-visual services and cultural industries
Nothing in this Agreement applies to subsidies or government support with respect to audio-visual services for the European Union and to cultural industries for Canada.
Article 7.8
Relationship with the WTO Agreement
The Parties reaffirm their rights and obligations under Article VI of GATT 1994, the SCM Agreement and the Agreement on Agriculture.
Article 7.9
Dispute settlement
Articles 7.3 and 7.4 of this Chapter are not subject to the dispute settlement provisions of this Agreement.
CHAPTER EIGHT
Investment
Section A
Definitions and scope
Article 8.1
Definitions
For the purposes of this Chapter:
activities carried out in the exercise of governmental authority
 means activities carried out neither on a commercial basis nor in competition with one or more economic operators;
aircraft repair and maintenance services
 means activities undertaken on an aircraft or a part of an aircraft while it is withdrawn from service and do not include so-called line maintenance;
airport operation services
 means the operation or management, on a fee or contract basis, of airport infrastructure, including terminals, runways, taxiways and aprons, parking facilities, and intra-airport transportation systems. For greater certainty, airport operation services do not include the ownership of, or investment in, airports or airport lands, or any of the functions carried out by a board of directors. Airport operation services do not include air navigation services;
attachment
 means the seizure of property of a disputing party to secure or ensure the satisfaction of an award;
computer reservation system services
 means the supply of a service by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
confidential or protected information
 means:
(a)
confidential business information; or
(b)
information which is protected against disclosure to the public;
(i)
in the case of information of the respondent, under the law of the respondent;
(ii)
in the case of other information, under a law or rules that the Tribunal determines to be applicable to the disclosure of such information;
covered investment
 means, with respect to a Party, an investment:
(a)
in its territory;
(b)
made in accordance with the applicable law at the time the investment is made;
(c)
directly or indirectly owned or controlled by an investor of the other Party; and
(d)
existing on the date of entry into force of this Agreement, or made or acquired thereafter;
disputing party
 means the investor that initiates proceedings pursuant to Section F or the respondent. For the purposes of Section F and without prejudice to Article 8.14, an investor does not include a Party;
disputing parties
 means both the investor and the respondent;
enjoin
 means an order to prohibit or restrain an action;
enterprise
 means an enterprise as defined in Article 1.1 (Definitions of general application) and a branch or representative office of an enterprise;
ground handling services
 means the supply of a service on a fee or contract basis for: ground administration and supervision, including load control and communications; passenger handling; baggage handling; cargo and mail handling; ramp handling and aircraft services; fuel and oil handling; aircraft line maintenance, flight operations and crew administration; surface transport; or catering services. Ground handling services do not include security services or the operation or management of centralised airport infrastructure, such as baggage handling systems, de-icing facilities, fuel distribution systems, or intra-airport transport systems;
ICSID
 means the International Centre for Settlement of Investment Disputes;
ICSID Additional Facility Rules
 means the 
Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes
;
ICSID Convention
 means the 
Convention on the Settlement of Investment Disputes between States and Nationals of other States
, done at Washington on 18 March 1965;
intellectual property rights
 means copyright and related rights, trademark rights, rights in geographical indications, rights in industrial designs, patent rights, rights in layout designs of integrated circuits, rights in relation to protection of undisclosed information, and plant breeders' rights; and, if such rights are provided by a Party's law, utility model rights. The CETA Joint Committee may, by decision, add other categories of intellectual property to this definition;
investment
 means every kind of asset that an investor owns or controls, directly or indirectly, that has the characteristics of an investment, which includes a certain duration and other characteristics such as the commitment of capital or other resources, the expectation of gain or profit, or the assumption of risk. Forms that an investment may take include:
(a)
an enterprise;
(b)
shares, stocks and other forms of equity participation in an enterprise;
(c)
bonds, debentures and other debt instruments of an enterprise;
(d)
a loan to an enterprise;
(e)
any other kind of interest in an enterprise;
(f)
an interest arising from:
(i)
a concession conferred pursuant to the law of a Party or under a contract, including to search for, cultivate, extract or exploit natural resources,
(ii)
a turnkey, construction, production or revenue-sharing contract; or
(iii)
other similar contracts;
(g)
intellectual property rights;
(h)
other moveable property, tangible or intangible, or immovable property and related rights;
(i)
claims to money or claims to performance under a contract.
For greater certainty, 
claims to money
 does not include:
(a)
claims to money that arise solely from commercial contracts for the sale of goods or services by a natural person or enterprise in the territory of a Party to a natural person or enterprise in the territory of the other Party.
(b)
the domestic financing of such contracts; or
(c)
any order, judgment, or arbitral award related to sub-subparagraph (a) or (b).
Returns that are invested shall be treated as investments. Any alteration of the form in which assets are invested or reinvested does not affect their qualification as investment;
investor
 means a Party, a natural person or an enterprise of a Party, other than a branch or a representative office, that seeks to make, is making or has made an investment in the territory of the other Party;
For the purposes of this definition, an 
enterprise of a Party
 is:
(a)
an enterprise that is constituted or organised under the laws of that Party and has substantial business activities in the territory of that Party; or
(b)
an enterprise that is constituted or organised under the laws of that Party and is directly or indirectly owned or controlled by a natural person of that Party or by an enterprise mentioned under paragraph (a);
locally established enterprise
 means a juridical person that is constituted or organised under the laws of the respondent and that an investor of the other Party owns or controls directly or indirectly;
natural person
 means:
(a)
in the case of Canada, a natural person who is a citizen or permanent resident of Canada; and
(b)
in the case of the EU Party, a natural person having the nationality of one of the Member States of the European Union according to their respective laws, and, for Latvia, also a natural person permanently residing in the Republic of Latvia who is not a citizen of the Republic of Latvia or any other state but who is entitled, under laws and regulations of the Republic of Latvia, to receive a non-citizen's passport.
A natural person who is a citizen of Canada 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.
A natural person who has the nationality of one of the Member States of the European Union or is a citizen of Canada, and is also a permanent resident of the other Party, is deemed to be exclusively a natural person of the Party of his or her nationality or citizenship, as applicable;
New York Convention
 means the United Nations 
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
, done at New York on 10 June 1958;
non-disputing Party
 means Canada, if the European Union or a Member State of the European Union is the respondent, or the European Union, if Canada is the respondent;
respondent
 means Canada or, in the case of the European Union, either the Member State of the European Union or the European Union pursuant to Article 8.21;
returns
 means all amounts yielded by an investment or reinvestment, including profits, royalties and interest or other fees and payments in kind;
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;
third party funding
 means any funding provided by a natural or legal person who is not a disputing party but who enters into an agreement with a disputing party in order to finance part or all of the cost of the proceedings either through a donation or grant, or in return for remuneration dependent on the outcome of the dispute;
Tribunal
 means the tribunal established under Article 8.27;
UNCITRAL Arbitration Rules
 means the arbitration rules of the United Nations Commission on International Trade Law; and
UNCITRAL Transparency Rules
 means the 
UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration
;
Article 8.2
Scope
1.   This Chapter applies to a measure adopted or maintained by a Party in its territory 
(
5
)
 relating to:
(a)
an investor of the other Party;
(b)
a covered investment; and
(c)
with respect to Article 8.5, any investments in its territory.
2.   With respect to the establishment or acquisition of a covered investment 
(
6
)
, Sections B and C do not apply to a measure relating to:
(a)
air services, or related services in support of air services and other services supplied by means of air transport 
(
7
)
, other than:
(i)
aircraft repair and maintenance services;
(ii)
the selling and marketing of air transport services;
(iii)
computer reservation system (CRS) services;
(iv)
ground handling services;
(v)
airport operation services; or
(b)
activities carried out in the exercise of governmental authority.
3.   For the EU Party, Sections B and C do not apply to a measure with respect to audio-visual services. For Canada, Sections B and C do not apply to a measure with respect to cultural industries.
4.   Claims may be submitted by an investor under this Chapter only in accordance with Article 8.18, and in compliance with the procedures set out in Section F. Claims in respect of an obligation set out in Section B are excluded from the scope of Section F. Claims under Section C with respect to the establishment or acquisition of a covered investment are excluded from the scope of Section F. Section D applies only to a covered investment and to investors in respect of their covered investment.
5.   This Chapter does not affect the rights and obligations of the Parties under the 
Agreement on Air Transport between Canada and the European Community and its Member States
, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009.
Article 8.3
Relation to other chapters
1.   This Chapter does not apply to measures adopted or maintained by a Party to the extent that the measures apply to investors or to their investments covered by Chapter Thirteen (Financial Services).
2.   A requirement by a Party that a service supplier of the other Party post a bond or other form of financial security as a condition for supplying a service in its territory does not of itself make this Chapter applicable to measures adopted or maintained by the Party relating to the supply of that cross-border service. This Chapter applies to measures adopted or maintained by the Party relating to the posted bond or financial security to the extent that such bond or financial security is a covered investment.
Section B
Establishment of investments
Article 8.4
Market access
1.   A Party shall not adopt or maintain with respect to market access through establishment by an investor of the other Party, on the basis of its entire territory or on the basis of the territory of a national, provincial, territorial, regional or local level of government, a measure that:
(a)
imposes limitations on:
(i)
the number of enterprises that may carry out a specific economic activity whether in the form of numerical quotas, monopolies, exclusive suppliers or the requirement of an economic needs test;
(ii)
the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
(iii)
the total number of operations or 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 
(
8
)
;
(iv)
the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment; or
(v)
the total number of natural persons that may be employed in a particular sector or that an enterprise may employ and who are necessary for, and directly related to, the performance of economic activity 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 an enterprise may carry out an economic activity.
2.   For greater certainty, the following are consistent with paragraph 1:
(a)
a measure concerning zoning and planning regulations affecting the development or use of land, or another analogous measure;
(b)
a measure 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;
(c)
a measure restricting the concentration of ownership to ensure fair competition;
(d)
a measure 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;
(e)
a measure limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectrum and frequencies; or
(f)
a measure 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.
Article 8.5
Performance requirements
1.   A Party shall not impose, or enforce the following requirements, or enforce a commitment or undertaking, in connection with the establishment, acquisition, expansion, conduct, operation, and management of any investments in its territory to:
(a)
export a given level or percentage of a good or service;
(b)
achieve a given level or percentage of domestic content;
(c)
purchase, use or accord a preference to a good produced or service provided in its territory, or to purchase a good or service from natural persons or enterprises in its territory;
(d)
relate the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with that investment;
(e)
restrict sales of a good or service in its territory that the investment produces or provides by relating those sales to the volume or value of its exports or foreign exchange earnings;
(f)
transfer technology, a production process or other proprietary knowledge to a natural person or enterprise in its territory; or
(g)
supply exclusively from the territory of the Party a good produced or a service provided by the investment to a specific regional or world market.
2.   A Party shall not condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct or operation of any investments in its territory, on compliance with any of the following requirements:
(a)
to achieve a given level or percentage of domestic content;
(b)
to purchase, use or accord a preference to a good produced in its territory, or to purchase a good from a producer in its territory;
(c)
to relate the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with that investment; or
(d)
to restrict sales of a good or service in its territory that the investment produces or provides by relating those sales to the volume or value of its exports or foreign exchange earnings.
3.   Paragraph 2 does not prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory, on compliance with a requirement to locate production, provide 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 the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal or competition authority to remedy a violation of competition laws.
5.   The provisions of:
(a)
subparagraphs 1(a), (b) and (c), and 2(a) and (b), do not apply to qualification requirements for a good or service with respect to participation in export promotion and foreign aid programs;
(b)
this Article does not apply to procurement by a Party of a good or service purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is ‘covered procurement’ within the meaning of Article 19.2 (Scope and coverage).
6.   For greater certainty, subparagraphs 2(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of a good necessary to qualify for preferential tariffs or preferential quotas.
7.   This Article is without prejudice to World Trade Organization commitments of a Party.
Section C
Non-discriminatory treatment
Article 8.6
National treatment
1.   Each Party shall accord to an investor of the other Party and to a covered investment, treatment no less favourable than the treatment it accords, in like situations to its own investors and to their investments with respect to the establishment, acquisition, expansion, conduct, operation, management, maintenance, use, enjoyment and sale or disposal of their investments in its territory.
2.   The treatment accorded by a Party under paragraph 1 means, with respect to a government in Canada other than at the federal level, treatment no less favourable than the most favourable treatment accorded, in like situations, by that government to investors of Canada in its territory and to investments of such investors.
3.   The treatment accorded by a Party under paragraph 1 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 investors of the EU in its territory and to investments of such investors.
Article 8.7
Most-favoured-nation treatment
1.   Each Party shall accord to an investor of the other Party and to a covered investment, treatment no less favourable than the treatment it accords in like situations, to investors of a third country and to their investments with respect to the establishment, acquisition, expansion, conduct, operation, management, maintenance, use, enjoyment and sale or disposal of their investments in its territory.
2.   For greater certainty, the treatment accorded by a Party under paragraph 1 means, with respect to a government in Canada other than at the federal level, or, with respect to a government of or in a Member State of the European Union, treatment accorded, in like situations, by that government to investors in its territory, and to investments of such investors, of a third country.
3   Paragraph 1 does not apply to treatment accorded by a Party providing for recognition, including through an arrangement or agreement with a third country that recognises the accreditation of testing and analysis services and service suppliers, the accreditation of repair and maintenance services and service suppliers, as well as the certification of the qualifications of or the results of or work done by those accredited services and service suppliers.
4.   For greater certainty, the ‘treatment’ referred to in paragraphs 1 and 2 does not include procedures for the resolution of investment disputes between investors and states provided for in other international investment treaties and other trade agreements. Substantive obligations in other international investment treaties and other trade agreements do not in themselves constitute ‘treatment’, and thus cannot give rise to a breach of this Article, absent measures adopted or maintained by a Party pursuant to those obligations.
Article 8.8
Senior management and boards of directors
A Party shall not require that an enterprise of that Party, that is also a covered investment, appoint to senior management or board of director positions, natural persons of any particular nationality.
Section D
Investment protection
Article 8.9
Investment and regulatory measures
1.   For the purpose of this Chapter, the Parties reaffirm their right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, safety, the environment or public morals, social or consumer protection or the promotion and protection of cultural diversity.
2.   For greater certainty, the mere fact that a Party regulates, including through a modification to its laws, in a manner which negatively affects an investment or interferes with an investor's expectations, including its expectations of profits, does not amount to a breach of an obligation under this Section.
3.   For greater certainty, a Party's decision not to issue, renew or maintain a subsidy:
(a)
in the absence of any specific commitment under law or contract to issue, renew, or maintain that subsidy; or
(b)
in accordance with any terms or conditions attached to the issuance, renewal or maintenance of the subsidy,
does not constitute a breach of the provisions of this Section.
4.   For greater certainty, nothing in this Section shall be construed as preventing a Party from discontinuing the granting of a subsidy 
(
9
)
 or requesting its reimbursement where such measure is necessary in order to comply with international obligations between the Parties or has been ordered by a competent court, administrative tribunal or other competent authority 
(
10
)
, or requiring that Party to compensate the investor therefor.
Article 8.10
Treatment of investors and of covered investments
1.   Each Party shall accord in its territory to covered investments of the other Party and to investors with respect to their covered investments fair and equitable treatment and full protection and security in accordance with paragraphs 2 through 7.
2.   A Party breaches the obligation of fair and equitable treatment referenced in paragraph 1 if a measure or series of measures constitutes:
(a)
denial of justice in criminal, civil or administrative proceedings;
(b)
fundamental breach of due process, including a fundamental breach of transparency, in judicial and administrative proceedings;
(c)
manifest arbitrariness;
(d)
targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief;
(e)
abusive treatment of investors, such as coercion, duress and harassment; or
(f)
a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3 of this Article.
3.   The Parties shall regularly, or upon request of a Party, review the content of the obligation to provide fair and equitable treatment. The Committee on Services and Investment, established under Article 26.2.1(b) (Specialised committees), may develop recommendations in this regard and submit them to the CETA Joint Committee for decision.
4.   When applying the above fair and equitable treatment obligation, the Tribunal may take into account whether a Party made a specific representation to an investor to induce a covered investment, that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain the covered investment, but that the Party subsequently frustrated.
5.   For greater certainty, ‘full protection and security’ refers to the Party's obligations relating to the physical security of investors and covered investments.
6.   For greater certainty, a breach of another provision of this Agreement, or of a separate international agreement does not establish a breach of this Article.
7.   For greater certainty, the fact that a measure breaches domestic law does not, in and of itself, establish a breach of this Article. In order to ascertain whether the measure breaches this Article, the Tribunal must consider whether a Party has acted inconsistently with the obligations in paragraph 1.
Article 8.11
Compensation for losses
Notwithstanding Article 8.15.5(b), each Party shall accord to investors of the other Party, whose covered investments suffer losses owing to armed conflict, civil strife, a state of emergency or natural disaster in its territory, treatment no less favourable than that it accords to its own investors or to the investors of a third country, whichever is more favourable to the investor concerned, as regards restitution, indemnification, compensation or other settlement.
Article 8.12
Expropriation
1.   A Party shall not nationalise or expropriate a covered investment either directly, or indirectly through measures having an effect equivalent to nationalisation or expropriation (‘expropriation’), except:
(a)
for a public purpose;
(b)
under due process of law;
(c)
in a non-discriminatory manner; and
(d)
on payment of prompt, adequate and effective compensation.
For greater certainty, this paragraph shall be interpreted in accordance with Annex 8-A.
2.   The compensation referred to in paragraph 1 shall amount to the fair market value of the investment at the time immediately before the expropriation or the impending expropriation became known, whichever is earlier. Valuation criteria shall include going concern value, asset value including the declared tax value of tangible property, and other criteria, as appropriate, to determine fair market value.
3.   The compensation shall also include interest at a normal commercial rate from the date of expropriation until the date of payment and shall, in order to be effective for the investor, be paid and made transferable, without delay, to the country designated by the investor and in the currency of the country of which the investor is a national or in any freely convertible currency accepted by the investor.
4.   The affected investor shall have the right, under the law of the expropriating Party, to a prompt review of its claim and of the valuation of its investment, by a judicial or other independent authority of that Party, in accordance with the principles set out in this Article.
5.   This Article does not apply to the issuance of compulsory licences granted in relation to intellectual property rights, to the extent that such issuance is consistent with the TRIPS Agreement.
6.   For greater certainty, the revocation, limitation or creation of intellectual property rights, to the extent that these measures are consistent with the TRIPS Agreement and Chapter Twenty (Intellectual Property), do not constitute expropriation. Moreover, a determination that these measures are inconsistent with the TRIPS Agreement or Chapter Twenty (Intellectual Property) does not establish an expropriation.
Article 8.13
Transfers
1.   Each Party shall permit all transfers relating to a covered investment to be made without restriction or delay in a freely convertible currency and at the market rate of exchange applicable on the date of transfer. Such transfers include:
(a)
contributions to capital, such as principal and additional funds to maintain, develop or increase the investment;
(b)
profits, dividends, interest, capital gains, royalty payments, management fees, technical assistance and other fees, or other forms of returns or amounts derived from the covered investment;
(c)
proceeds from the sale or liquidation of the whole or a part of the covered investment;
(d)
payments made under a contract entered into by the investor or the covered investment, including payments made pursuant to a loan agreement;
(e)
payments made pursuant to Articles 8.11 and 8.12;
(f)
earnings and other remuneration of foreign personnel working in connection with an investment; and
(g)
payments of damages pursuant to an award issued under Section F.
2.   A Party shall not require its investors to transfer, or penalise its investors for failing to transfer, the income, earnings, profits or other amounts derived from, or attributable to, investments in the territory of the other Party.
3.   Nothing in this Article shall be construed to prevent a Party from applying in an equitable and non-discriminatory manner and not in a way that would constitute a disguised restriction on transfers, its laws relating to:
(a)
bankruptcy, insolvency or the protection of the rights of creditors;
(b)
issuing, trading or dealing in securities;
(c)
criminal or penal offences;
(d)
financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; and
(e)
the satisfaction of judgments in adjudicatory proceedings.
Article 8.14
Subrogation
If a Party, or an agency of a Party, makes a payment under an indemnity, guarantee or contract of insurance that it has entered into in respect of an investment made by one of its investors in the territory of the other Party, the other Party shall recognise that the Party or its agency shall be entitled in all circumstances to the same rights as those of the investor in respect of the investment. These rights may be exercised by the Party or an agency of the Party, or by the investor if the Party or an agency of the Party so authorises.
Section E
Reservations and exceptions
Article 8.15
Reservations and exceptions
1.   Articles 8.4 through 8.8 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 Schedule to Annex I;
(ii)
a national government, as set out by that Party in its Schedule to Annex I;
(iii)
a provincial, territorial, or regional government, as set out by that Party in its Schedule to Annex I; or
(iv)
a local government;
(b)
the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or
(c)
an 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 8.4 through 8.8.
2.   Articles 8.4 through 8.8 do not apply to a measure that a Party adopts or maintains with respect to a sector, subsector or activity, as set out in its Schedule to Annex II.
3.   Without prejudice to Articles 8.10 and 8.12, a Party shall not adopt a measure or series of measures after the date of entry into force of this Agreement and covered by its Schedule to Annex II, that require, directly or indirectly an investor of the other Party, by reason of nationality, to sell or otherwise dispose of an investment existing at the time the measure or series of measures become effective.
4.   In respect of intellectual property rights, a Party may derogate from Articles 8.5.1(f), 8.6, and 8.7 if permitted by the TRIPS Agreement, including any amendments to the TRIPS Agreement in force for both Parties, and waivers to the TRIPS Agreement adopted pursuant to Article IX of the WTO Agreement.
5.   Articles 8.4, 8.6, 8.7 and 8.8 do not apply to:
(a)
procurement by a Party of a good or service purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is ‘covered procurement’ within the meaning of Article 19.2 (Scope and coverage); or
(b)
subsidies, or government support relating to trade in services, provided by a Party.
Article 8.16
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 the third country that:
(i)
relates to the maintenance of international peace and security; and
(ii)
prohibits transactions with the enterprise or would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investments.
Article 8.17
Formal requirements
Notwithstanding Articles 8.6 and 8.7, a Party may require an investor of the other Party, or its covered investment, to provide routine information concerning that investment solely for informational or statistical purposes, provided that those requests are reasonable and not unduly burdensome. The Party shall protect confidential or protected information from any disclosure that would prejudice the competitive position of the investor or the covered investment. This paragraph does not prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its laws.
Section F
Resolution of investment disputes between investors and states
Article 8.18
Scope
1.   Without prejudice to the rights and obligations of the Parties under Chapter Twenty-Nine (Dispute Settlement), an investor of a Party may submit to the Tribunal constituted under this Section a claim that the other Party has breached an obligation under:
(a)
Section C, with respect to the expansion, conduct, operation, management, maintenance, use, enjoyment and sale or disposal of its covered investment, or
(b)
Section D,
where the investor claims to have suffered loss or damage as a result of the alleged breach.
2.   Claims under subparagraph 1(a) with respect to the expansion of a covered investment may be submitted only to the extent the measure relates to the existing business operations of a covered investment and the investor has, as a result, incurred loss or damage with respect to the covered investment.
3.   For greater certainty, an investor may not submit a claim under this Section if the investment has been made through fraudulent misrepresentation, concealment, corruption, or conduct amounting to an abuse of process.
4.   A claim with respect to restructuring of debt issued by a Party may only be submitted under this Section in accordance with Annex 8-B.
5.   The Tribunal constituted under this Section shall not decide claims that fall outside of the scope of this Article.
Article 8.19
Consultations
1.   A dispute should as far as possible be settled amicably. Such a settlement may be agreed at any time, including after the claim has been submitted pursuant to Article 8.23. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the request for consultations pursuant to paragraph 4.
2.   Unless the disputing parties agree otherwise, the place of consultation shall be:
(a)
Ottawa, if the measures challenged are measures of Canada;
(b)
Brussels, if the measures challenged include a measure of the European Union; or
(c)
the capital of the Member State of the European Union, if the measures challenged are exclusively measures of that Member State.
3.   The disputing parties may hold the consultations through videoconference or other means where appropriate, such as in the case where the investor is a small or medium-sized enterprise.
4.   The investor shall submit to the other Party a request for consultations setting out:
(a)
the name and address of the investor and, if such request is submitted on behalf of a locally established enterprise, the name, address and place of incorporation of the locally established enterprise;
(b)
if there is more than one investor, the name and address of each investor and, if there is more than one locally established enterprise, the name, address and place of incorporation of each locally established enterprise;
(c)
the provisions of this Agreement alleged to have been breached;
(d)
the legal and the factual basis for the claim, including the measures at issue; and
(e)
the relief sought and the estimated amount of damages claimed.
The request for consultations shall contain evidence establishing that the investor is an investor of the other Party and that it owns or controls the investment including, if applicable, that it owns or controls the locally established enterprise on whose behalf the request is submitted.
5.   The requirements of the request for consultations set out in paragraph 4 shall be met with sufficient specificity to allow the respondent to effectively engage in consultations and to prepare its defence.
6.   A request for consultations must be submitted within:
(a)
three years after the date on which the investor or, as applicable, the locally established enterprise, first acquired or should have first acquired, knowledge of the alleged breach and knowledge that the investor or, as applicable, the locally established enterprise, has incurred loss or damage thereby; or
(b)
two years after an investor or, as applicable, the locally established enterprise, ceases to pursue claims or proceedings before a tribunal or court under the law of a Party, or when such proceedings have otherwise ended and, in any event, no later than 10 years after the date on which the investor or, as applicable, the locally established enterprise, first acquired or should have first acquired knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby.
7.   A request for consultations concerning an alleged breach by the European Union or a Member State of the European Union shall be sent to the European Union.
8.   In the event that the investor has not submitted a claim pursuant to Article 8.23 within 18 months of submitting the request for consultations, the investor is deemed to have withdrawn its request for consultations and, if applicable, its notice requesting a determination of the respondent, and shall not submit a claim under this Section with respect to the same measures. This period may be extended by agreement of the disputing parties.
Article 8.20
Mediation
1.   The disputing parties may at any time agree to have recourse to mediation.
2.   Recourse to mediation is without prejudice to the legal position or rights of either disputing party under this Chapter and is governed by the rules agreed to by the disputing parties including, if available, the rules for mediation adopted by the Committee on Services and Investment pursuant to Article 8.44.3(c).
3.   The mediator is appointed by agreement of the disputing parties. The disputing parties may also request that the Secretary General of ICSID appoint the mediator.
4.   The disputing parties shall endeavour to reach a resolution of the dispute within 60 days from the appointment of the mediator.
5.   If the disputing parties agree to have recourse to mediation, Articles 8.19.6 and 8.19.8 shall not apply from the date on which the disputing parties agreed to have recourse to mediation to the date on which either disputing party decides to terminate the mediation. A decision by a disputing party to terminate the mediation shall be transmitted by way of a letter to the mediator and the other disputing party.
Article 8.21
Determination of the respondent for disputes with the European Union or its Member States
1.   If the dispute cannot be settled within 90 days of the submission of the request for consultations, the request concerns an alleged breach of this Agreement by the European Union or a Member State of the European Union and the investor intends to submit a claim pursuant to Article 8.23, the investor shall deliver to the European Union a notice requesting a determination of the respondent.
2.   The notice under paragraph 1 shall identify the measures in respect of which the investor intends to submit a claim.
3.   The European Union shall, after having made a determination, inform the investor as to whether the European Union or a Member State of the European Union shall be the respondent.
4.   In the event that the investor has not been informed of the determination within 50 days of delivering its notice requesting such determination:
(a)
if the measures identified in the notice are exclusively measures of a Member State of the European Union, the Member State shall be the respondent;
(b)
if the measures identified in the notice include measures of the European Union, the European Union shall be the respondent.
5.   The investor may submit a claim pursuant to Article 8.23 on the basis of the determination made pursuant to paragraph 3, and, if no such determination has been communicated to the investor, on the basis of the application of paragraph 4.
6.   If the European Union or a Member State of the European Union is the respondent, pursuant to paragraph 3 or 4, neither the European Union, nor the Member State of the European Union may assert the inadmissibility of the claim, lack of jurisdiction of the Tribunal or otherwise object to the claim or award on the ground that the respondent was not properly determined pursuant to paragraph 3 or identified on the basis of the application of paragraph 4.
7.   The Tribunal shall be bound by the determination made pursuant to paragraph 3 and, if no such determination has been communicated to the investor, the application of paragraph 4.
Article 8.22
Procedural and other requirements for the submission of a claim to the Tribunal
1.   An investor may only submit a claim pursuant to Article 8.23 if the investor:
(a)
delivers to the respondent, with the submission of a claim, its consent to the settlement of the dispute by the Tribunal in accordance with the procedures set out in this Section;
(b)
allows at least 180 days to elapse from the submission of the request for consultations and, if applicable, at least 90 days to elapse from the submission of the notice requesting a determination of the respondent;
(c)
has fulfilled the requirements of the notice requesting a determination of the respondent;
(d)
has fulfilled the requirements related to the request for consultations;
(e)
does not identify a measure in its claim that was not identified in its request for consultations;
(f)
withdraws or discontinues any existing proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim; and
(g)
waives its right to initiate any claim or proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim.
2.   If the claim submitted pursuant to Article 8.23 is for loss or damage to a locally established enterprise or to an interest in a locally established enterprise that the investor owns or controls directly or indirectly, the requirements in subparagraphs 1(f) and (g) apply both to the investor and the locally established enterprise.
3.   The requirements of subparagraphs 1(f) and (g) and paragraph 2 do not apply in respect of a locally established enterprise if the respondent or the investor's host state has deprived the investor of control of the locally established enterprise, or has otherwise prevented the locally established enterprise from fulfilling those requirements.
4.   Upon request of the respondent, the Tribunal shall decline jurisdiction if the investor or, as applicable, the locally established enterprise fails to fulfil any of the requirements of paragraphs 1 and 2.
5.   The waiver provided pursuant to subparagraph 1(g) or paragraph 2 as applicable shall cease to apply:
(a)
if the Tribunal rejects the claim on the basis of a failure to meet the requirements of paragraph 1 or 2 or on any other procedural or jurisdictional grounds;
(b)
if the Tribunal dismisses the claim pursuant to Article 8.32 or Article 8.33; or
(c)
if the investor withdraws its claim, in conformity with the applicable rules under Article 8.23.2, within 12 months of the constitution of the division of the Tribunal.
Article 8.23
Submission of a claim to the Tribunal
1.   If a dispute has not been resolved through consultations, a claim may be submitted under this Section by:
(a)
an investor of a Party on its own behalf; or
(b)
an investor of a Party, on behalf of a locally established enterprise which it owns or controls directly or indirectly.
2.   A claim may be submitted under the following rules:
(a)
the ICSID Convention and Rules of Procedure for Arbitration Proceedings;
(b)
the ICSID Additional Facility Rules if the conditions for proceedings pursuant to paragraph (a) do not apply;
(c)
the UNCITRAL Arbitration Rules; or
(d)
any other rules on agreement of the disputing parties.
3.   In the event that the investor proposes rules pursuant to subparagraph 2(d), the respondent shall reply to the investor's proposal within 20 days of receipt. If the disputing parties have not agreed on such rules within 30 days of receipt, the investor may submit a claim under the rules provided for in subparagraph 2(a), (b) or (c).
4.   For greater certainty, a claim submitted under subparagraph 1(b) shall satisfy the requirements of Article 25(1) of the ICSID Convention.
5.   The investor may, when submitting its claim, propose that a sole Member of the Tribunal should hear the claim. The respondent shall give sympathetic consideration to that request, in particular if the investor is a small or medium-sized enterprise or the compensation or damages claimed are relatively low.
6.   The rules applicable under paragraph 2 are those that are in effect on the date that the claim or claims are submitted to the Tribunal under this Section, subject to the specific rules set out in this Section and supplemented by rules adopted pursuant to Article 8.44.3(b).
7.   A claim is submitted for dispute settlement under this Section when:
(a)
the request under Article 36(1) of the ICSID Convention is received by the Secretary-General of ICSID;
(b)
the request under Article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretariat of ICSID;
(c)
the notice under Article 3 of the UNCITRAL Arbitration Rules is received by the respondent; or
(d)
the request or notice initiating proceedings is received by the respondent in accordance with the rules agreed upon pursuant to subparagraph 2(d).
8.   Each Party shall notify the other Party of the place of delivery of notices and other documents by the investors pursuant to this Section. Each Party shall ensure this information is made publicly available.
Article 8.24
Proceedings under another international agreement
Where a claim is brought pursuant to this Section and another international agreement and:
(a)
there is a potential for overlapping compensation; or
(b)
the other international claim could have a significant impact on the resolution of the claim brought pursuant to this Section,
the Tribunal shall, as soon as possible after hearing the disputing parties, stay its proceedings or otherwise ensure that proceedings brought pursuant to another international agreement are taken into account in its decision, order or award.
Article 8.25
Consent to the settlement of the dispute by the Tribunal
1.   The respondent consents to the settlement of the dispute by the Tribunal in accordance with the procedures set out in this Section.
2.   The consent under paragraph 1 and the submission of a claim to the Tribunal under this Section shall satisfy the requirements of:
(a)
Article 25 of the ICSID Convention and Chapter II of Schedule C of the ICSID Additional Facility Rules regarding written consent of the disputing parties; and,
(b)
Article II of the New York Convention for an agreement in writing.
Article 8.26
Third party funding
1.   Where there is third party funding, the disputing party benefiting from it shall disclose to the other disputing party and to the Tribunal the name and address of the third party funder.
2.   The disclosure shall be made at the time of the submission of a claim, or, if the financing agreement is concluded or the donation or grant is made after the submission of a claim, without delay as soon as the agreement is concluded or the donation or grant is made.
Article 8.27
Constitution of the Tribunal
1.   The Tribunal established under this Section shall decide claims submitted pursuant to Article 8.23.
2.   The CETA Joint Committee shall, upon the entry into force of this Agreement, appoint fifteen Members of the Tribunal. Five of the Members of the Tribunal shall be nationals of a Member State of the European Union, five shall be nationals of Canada 
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 and five shall be nationals of third countries.
3.   The CETA Joint Committee may decide to increase or to decrease the number of the Members of the Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2.
4.   The Members of the Tribunal shall possess the qualifications required in their respective countries for appointment to judicial office, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in particular, in international investment law, in international trade law and the resolution of disputes arising under international investment or international trade agreements.
5.   The Members of the Tribunal appointed pursuant to this Section shall be appointed for a five-year term, renewable once. However, the terms of seven of the 15 persons appointed immediately after the entry into force of this Agreement, to be determined by lot, shall extend to six years. Vacancies shall be filled as they arise. A person appointed to replace a Member of the Tribunal whose term of office has not expired shall hold office for the remainder of the predecessor's term. In principle, a Member of the Tribunal serving on a division of the Tribunal when his or her term expires may continue to serve on the division until a final award is issued.
6.   The Tribunal shall hear cases in divisions consisting of three Members of the Tribunal, of whom one shall be a national of a Member State of the European Union, one a national of Canada and one a national of a third country. The division shall be chaired by the Member of the Tribunal who is a national of a third country.
7.   Within 90 days of the submission of a claim pursuant to Article 8.23, the President of the Tribunal shall appoint the Members of the Tribunal composing the division of the Tribunal hearing the case on a rotation basis, ensuring that the composition of the divisions is random and unpredictable, while giving equal opportunity to all Members of the Tribunal to serve.
8.   The President and Vice-President of the Tribunal shall be responsible for organisational issues and shall be appointed for a two-year term and shall be drawn by lot from among the Members of the Tribunal who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the CETA Joint Committee. The Vice-President shall replace the President when the President is unavailable.
9.   Notwithstanding paragraph 6, the disputing parties may agree that a case be heard by a sole Member of the Tribunal to be appointed at random from the third country nationals. The respondent shall give sympathetic consideration to a request from the claimant to have the case heard by a sole Member of the Tribunal, in particular where the claimant is a small or medium-sized enterprise or the compensation or damages claimed are relatively low. Such a request shall be made before the constitution of the division of the Tribunal.
10.   The Tribunal may draw up its own working procedures.
11.   The Members of the Tribunal shall ensure that they are available and able to perform the functions set out under this Section.
12.   In order to ensure their availability, the Members of the Tribunal shall be paid a monthly retainer fee to be determined by the CETA Joint Committee.
13.   The fees referred to in paragraph 12 shall be paid equally by both Parties into an account managed by the ICSID Secretariat. In the event that one Party fails to pay the retainer fee the other Party may elect to pay. Any such arrears by a Party shall remain payable, with appropriate interest.
14.   Unless the CETA Joint Committee adopts a decision pursuant to paragraph 15, the amount of the fees and expenses of the Members of the Tribunal on a division constituted to hear a claim, other than the fees referred to in paragraph 12, shall be those determined pursuant to Regulation 14(1) of the Administrative and Financial Regulations of the ICSID Convention in force on the date of the submission of the claim and allocated by the Tribunal among the disputing parties in accordance with Article 8.39.5.
15.   The CETA Joint Committee may, by decision, transform the retainer fee and other fees and expenses into a regular salary, and decide applicable modalities and conditions.
16.   The ICSID Secretariat shall act as Secretariat for the Tribunal and provide it with appropriate support.
17.   If the CETA Joint Committee has not made the appointments pursuant to paragraph 2 within 90 days from the date that a claim is submitted for dispute settlement, the Secretary General of ICSID shall, at the request of either disputing party appoint a division consisting of three Members of the Tribunal, unless the disputing parties have agreed that the case is to be heard by a sole Member of the Tribunal. The Secretary General of ICSID shall make the appointment by random selection from the existing nominations. The Secretary-General of ICSID may not appoint as chair a national of either Canada or a Member State of the European Union unless the disputing parties agree otherwise.
Article 8.28
Appellate Tribunal
1.   An Appellate Tribunal is hereby established to review awards rendered under this Section.
2.   The Appellate Tribunal may uphold, modify or reverse the Tribunal's award based on:
(a)
errors in the application or interpretation of applicable law;
(b)
manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law;
(c)
the grounds set out in Article 52(1) (a) through (e) of the ICSID Convention, in so far as they are not covered by paragraphs (a) and (b).
3.   The Members of the Appellate Tribunal shall be appointed by a decision of the CETA Joint Committee at the same time as the decision referred to in paragraph 7.
4.   The Members of the Appellate Tribunal shall meet the requirements of Article 8.27.4 and comply with Article 8.30.
5.   The division of the Appellate Tribunal constituted to hear the appeal shall consist of three randomly appointed Members of the Appellate Tribunal.
6.   Articles 8.36 and 8.38 shall apply to the proceedings before the Appellate Tribunal.
7.   The CETA Joint Committee shall promptly adopt a decision setting out the following administrative and organisational matters regarding the functioning of the Appellate Tribunal:
(a)
administrative support;
(b)
procedures for the initiation and the conduct of appeals, and procedures for referring issues back to the Tribunal for adjustment of the award, as appropriate;
(c)
procedures for filling a vacancy on the Appellate Tribunal and on a division of the Appellate Tribunal constituted to hear a case;
(d)
remuneration of the Members of the Appellate Tribunal;
(e)
provisions related to the costs of appeals;
(f)
the number of Members of the Appellate Tribunal; and
(g)
any other elements it determines to be necessary for the effective functioning of the Appellate Tribunal.
8.   The Committee on Services and Investment shall periodically review the functioning of the Appellate Tribunal and may make recommendations to the CETA Joint Committee. The CETA Joint Committee may revise the decision referred to in paragraph 7, if necessary.
9.   Upon adoption of the decision referred to in paragraph 7:
(a)
a disputing party may appeal an award rendered pursuant to this Section to the Appellate Tribunal within 90 days after its issuance;
(b)
a disputing party shall not seek to review, set aside, annul, revise or initiate any other similar procedure as regards an award under this Section;
(c)
an award rendered pursuant to Article 8.39 shall not be considered final and no action for enforcement of an award may be brought until either:
(i)
90 days from the issuance of the award by the Tribunal has elapsed and no appeal has been initiated;
(ii)
an initiated appeal has been rejected or withdrawn; or
(iii)
90 days have elapsed from an award by the Appellate Tribunal and the Appellate Tribunal has not referred the matter back to the Tribunal;
(d)
a final award by the Appellate Tribunal shall be considered as a final award for the purposes of Article 8.41; and
(e)
Article 8.41.3 shall not apply.
Article 8.29
Establishment of a multilateral investment tribunal and appellate mechanism
The Parties shall pursue with other trading partners the establishment of a multilateral investment tribunal and appellate mechanism for the resolution of investment disputes. Upon establishment of such a multilateral mechanism, the CETA Joint Committee shall adopt a decision providing that investment disputes under this Section will be decided pursuant to the multilateral mechanism and make appropriate transitional arrangements.
Article 8.30
Ethics
1.   The Members of the Tribunal shall be independent. They shall not be affiliated with any government 
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. They shall not take instructions from any organisation, or government with regard to matters related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. They shall comply with the International Bar Association Guidelines on Conflicts of Interest in International Arbitration or any supplemental rules adopted pursuant to Article 8.44.2. In addition, upon appointment, they shall refrain from acting as counsel or as party-appointed expert or witness in any pending or new investment dispute under this or any other international agreement.
2.   If a disputing party considers that a Member of the Tribunal has a conflict of interest, it may invite the President of the International Court of Justice to issue a decision on the challenge to the appointment of such Member. Any notice of challenge shall be sent to the President of the International Court of Justice within 15 days of the date on which the composition of the division of the Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge.
3.   If, within 15 days from the date of the notice of challenge, the challenged Member of the Tribunal has elected not to resign from the division, the President of the International Court of Justice may, after receiving submissions from the disputing parties and after providing the Member of the Tribunal an opportunity to submit any observations, issue a decision on the challenge. The President of the International Court of Justice shall endeavour to issue the decision and to notify the disputing parties and the other Members of the division within 45 days of receipt of the notice of challenge. A vacancy resulting from the disqualification or resignation of a Member of the Tribunal shall be filled promptly.
4.   Upon a reasoned recommendation from the President of the Tribunal, or on their joint initiative, the Parties, by decision of the CETA Joint Committee, may remove a Member from the Tribunal where his or her behaviour is inconsistent with the obligations set out in paragraph 1 and incompatible with his or her continued membership of the Tribunal.
Article 8.31
Applicable law and interpretation
1.   When rendering its decision, the Tribunal established under this Section shall apply this Agreement as interpreted in accordance with the Vienna Convention on the Law of Treaties, and other rules and principles of international law applicable between the Parties.
2.   The Tribunal shall not have jurisdiction to determine the legality of a measure, alleged to constitute a breach of this Agreement, under the domestic law of a Party. For greater certainty, in determining the consistency of a measure with this Agreement, the Tribunal may consider, as appropriate, the domestic law of a Party as a matter of fact. In doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.
3.   Where serious concerns arise as regards matters of interpretation that may affect investment, the Committee on Services and Investment may, pursuant to Article 8.44.3(a), recommend to the CETA Joint Committee the adoption of interpretations of this Agreement. An interpretation adopted by the CETA Joint Committee shall be binding on the Tribunal established under this Section. The CETA Joint Committee may decide that an interpretation shall have binding effect from a specific date.
Article 8.32
Claims manifestly without legal merit
1.   The respondent may, no later than 30 days after the constitution of the division of the Tribunal, and in any event before its first session, file an objection that a claim is manifestly without legal merit.
2.   An objection shall not be submitted under paragraph 1 if the respondent has filed an objection pursuant to Article 8.33.
3.   The respondent shall specify as precisely as possible the basis for the objection.
4.   On receipt of an objection pursuant to this Article, the Tribunal shall suspend the proceedings on the merits and establish a schedule for considering such an objection consistent with its schedule for considering any other preliminary question.
5.   The Tribunal, after giving the disputing parties an opportunity to present their observations, shall at its first session or promptly thereafter, issue a decision or award stating the grounds therefor. In doing so, the Tribunal shall assume the alleged facts to be true.
6.   This Article shall be without prejudice to the Tribunal's authority to address other objections as a preliminary question or to the right of the respondent to object, in the course of the proceeding, that a claim lacks legal merit.
Article 8.33
Claims unfounded as a matter of law
1.   Without prejudice to the Tribunal's authority to address other objections as a preliminary question or to a respondent's right to raise any such objections at an appropriate time, the Tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim, or any part thereof, submitted pursuant to Article 8.23 is not a claim for which an award in favour of the claimant may be made under this Section, even if the facts alleged were assumed to be true.
2.   An objection under paragraph 1 shall be submitted to the Tribunal no later than the date the Tribunal fixes for the respondent to submit its counter-memorial.
3.   If an objection has been submitted pursuant to Article 8.32, the Tribunal may, taking into account the circumstances of that objection, decline to address, under the procedures set out in this Article, an objection submitted pursuant to paragraph 1.
4.   On receipt of an objection under paragraph 1, and, if appropriate, after rendering a decision pursuant to paragraph 3, the Tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection stating the grounds therefor.
Article 8.34
Interim measures of protection
The Tribunal may order an interim measure of protection to preserve the rights of a disputing party or to ensure that the Tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the Tribunal's jurisdiction. The Tribunal shall not order attachment or enjoin the application of the measure alleged to constitute a breach referred to in Article 8.23. For the purposes of this Article, an order includes a recommendation.
Article 8.35
Discontinuance
If, following the submission of a claim under this Section, the investor fails to take any steps in the proceeding during 180 consecutive days or such period as the disputing parties may agree, the investor is deemed to have withdrawn its claim and to have discontinued the proceeding. The Tribunal shall, at the request of the respondent, and after notice to the disputing parties, in an order take note of the discontinuance. After the order has been rendered the authority of the Tribunal shall lapse.
Article 8.36
Transparency of proceedings
1.   The UNCITRAL Transparency Rules, as modified by this Chapter, shall apply in connection with proceedings under this Section.
2.   The request for consultations, the notice requesting a determination of the respondent, the notice of determination of the respondent, the agreement to mediate, the notice of intent to challenge a Member of the Tribunal, the decision on challenge to a Member of the Tribunal and the request for consolidation shall be included in the list of documents to be made available to the public under Article 3(1) of the UNCITRAL Transparency Rules.
3.   Exhibits shall be included in the list of documents to be made available to the public under Article 3(2) of the UNCITRAL Transparency Rules.
4.   Notwithstanding Article 2 of the UNCITRAL Transparency Rules, prior to the constitution of the Tribunal, Canada or the European Union as the case may be shall make publicly available in a timely manner relevant documents pursuant to paragraph 2, subject to the redaction of confidential or protected information. Such documents may be made publicly available by communication to the repository.
5.   Hearings shall be open to the public. The Tribunal shall determine, in consultation with the disputing parties, the appropriate logistical arrangements to facilitate public access to such hearings. If the Tribunal determines that there is a need to protect confidential or protected information, it shall make the appropriate arrangements to hold in private that part of the hearing requiring such protection.
6.   Nothing in this Chapter requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should apply those laws in a manner sensitive to protecting from disclosure information that has been designated as confidential or protected information.
Article 8.37
Information sharing
1.   A disputing party may disclose to other persons in connection with the proceedings, including witnesses and experts, such unredacted documents as it considers necessary in the course of proceedings under this Section. However, the disputing party shall ensure that those persons protect the confidential or protected information contained in those documents.
2.   This Agreement does not prevent a respondent from disclosing to officials of, as applicable, the European Union, Member States of the European Union and sub-national governments, such unredacted documents as it considers necessary in the course of proceedings under this Section. However, the respondent shall ensure that those officials protect the confidential or protected information contained in those documents.
Article 8.38
Non-disputing Party
1.   The respondent shall, within 30 days after receipt or promptly after any dispute concerning confidential or protected information has been resolved, deliver to the non-disputing Party:
(a)
a request for consultations, a notice requesting a determination of the respondent, a notice of determination of the respondent, a claim submitted pursuant to Article 8.23, a request for consolidation, and any other documents that are appended to such documents;
(b)
on request:
(i)
pleadings, memorials, briefs, requests and other submissions made to the Tribunal by a disputing party;
(ii)
written submissions made to the Tribunal pursuant to Article 4 of the UNCITRAL Transparency Rules;
(iii)
minutes or transcripts of hearings of the Tribunal, if available; and
(iv)
orders, awards and decisions of the Tribunal; and
(c)
on request and at the cost of the non-disputing Party, all or part of the evidence that has been tendered to the Tribunal, unless the requested evidence is publicly available.
2.   The Tribunal shall accept or, after consultation with the disputing parties, may invite, oral or written submissions from the non-disputing Party regarding the interpretation of this Agreement. The non-disputing Party may attend a hearing held under this Section.
3.   The Tribunal shall not draw any inference from the absence of a submission pursuant to paragraph 2.
4.   The Tribunal shall ensure that the disputing parties are given a reasonable opportunity to present their observations on a submission by the non-disputing Party to this Agreement.
Article 8.39
Final award
1.   If the Tribunal makes a final award against the respondent, the Tribunal may only award, separately or in combination:
(a)
monetary damages and any applicable interest;
(b)
restitution of property, in which case the award shall provide that the respondent may pay monetary damages representing the fair market value of the property at the time immediately before the expropriation, or impending expropriation became known, whichever is earlier, and any applicable interest in lieu of restitution, determined in a manner consistent with Article 8.12.
2.   Subject to paragraphs 1 and 5, if a claim is made under Article 8.23.1(b):
(a)
an award of monetary damages and any applicable interest shall provide that the sum be paid to the locally established enterprise;
(b)
an award of restitution of property shall provide that restitution be made to the locally established enterprise;
(c)
an award of costs in favour of the investor shall provide that it is to be made to the investor; and
(d)
the award shall provide that it is made without prejudice to a right that a person, other than a person which has provided a waiver pursuant to Article 8.22, may have in monetary damages or property awarded under a Party's law.
3.   Monetary damages shall not be greater than the loss suffered by the investor or, as applicable, the locally established enterprise, reduced by any prior damages or compensation already provided. For the calculation of monetary damages, the Tribunal shall also reduce the damages to take into account any restitution of property or repeal or modification of the measure.
4.   The Tribunal shall not award punitive damages.
5.   The Tribunal shall order that the costs of the proceedings be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the claim. Other reasonable costs, including costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the claim. If only parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims.
6.   The CETA Joint Committee shall consider supplemental rules aimed at reducing the financial burden on claimants who are natural persons or small and medium-sized enterprises. Such supplemental rules may, in particular, take into account the financial resources of such claimants and the amount of compensation sought.
7.   The Tribunal and the disputing parties shall make every effort to ensure the dispute settlement process is carried out in a timely manner. The Tribunal shall issue its final award within 24 months of the date the claim is submitted pursuant to Article 8.23. If the Tribunal requires additional time to issue its final award, it shall provide the disputing parties the reasons for the delay.
Article 8.40
Indemnification or other compensation
A respondent shall not assert, and the Tribunal shall not accept a defence, counterclaim, right of setoff, or similar assertion, that an investor or, as applicable, a locally established enterprise, has received or will receive indemnification or other compensation pursuant to an insurance or guarantee contract in respect of all or part of the compensation sought in a dispute initiated pursuant to this Section.
Article 8.41
Enforcement of awards
1.   An award issued pursuant to this Section shall be binding between the disputing parties and in respect of that particular case.
2.   Subject to paragraph 3, a disputing party shall recognise and comply with an award without delay.
3.   A disputing party shall not seek enforcement of a final award until:
(a)
in the case of a final award issued under the ICSID Convention:
(i)
120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or
(ii)
enforcement of the award has been stayed and revision or annulment proceedings have been completed;
(b)
in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or any other rules applicable pursuant to Article 8. 23.2(d):
(i)
90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; or
(ii)
enforcement of the award has been stayed and a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal.
4.   Execution of the award shall be governed by the laws concerning the execution of judgments or awards in force where the execution is sought.
5.   A final award issued pursuant to this Section is an arbitral award that is deemed to relate to claims arising out of a commercial relationship or transaction for the purposes of Article I of the New York Convention.
6.   For greater certainty, if a claim has been submitted pursuant to Article 8.23.2(a), a final award issued pursuant to this Section shall qualify as an award under Chapter IV, Section 6 of the ICSID Convention.
Article 8.42
Role of the Parties
1.   A Party shall not bring an international claim, in respect of a claim submitted pursuant to Article 8.23, unless the other Party has failed to abide by and comply with the award rendered in that dispute.
2.   Paragraph 1 shall not exclude the possibility of dispute settlement under Chapter Twenty-Nine (Dispute Settlement) in respect of a measure of general application even if that measure is alleged to have breached this Agreement as regards a specific investment in respect of which a claim has been submitted pursuant to Article 8.23 and is without prejudice to Article 8.38.
3.   Paragraph 1 does not preclude informal exchanges for the sole purpose of facilitating a settlement of the dispute.
Article 8.43
Consolidation
1.   When two or more claims that have been submitted separately pursuant to Article 8.23 have a question of law or fact in common and arise out of the same events or circumstances, a disputing party or the disputing parties, jointly, may seek the establishment of a separate division of the Tribunal pursuant to this Article and request that such division issue a consolidation order (‘request for consolidation’).
2.   The disputing party seeking a consolidation order shall first deliver a notice to the disputing parties it seeks to be covered by this order.
3.   If the disputing parties notified pursuant to paragraph 2 have reached an agreement on the consolidation order to be sought, they may make a joint request for the establishment of a separate division of the Tribunal and a consolidation order pursuant to this Article. If the disputing parties notified pursuant to paragraph 2 have not reached agreement on the consolidation order to be sought within 30 days of the notice, a disputing party may make a request for the establishment of a separate division of the Tribunal and a consolidation order pursuant to this Article.
4.   The request shall be delivered, in writing, to the President of the Tribunal and to all the disputing parties sought to be covered by the order, and shall specify:
(a)
the names and addresses of the disputing parties sought to be covered by the order;
(b)
the claims, or parts thereof, sought to be covered by the order; and
(c)
the grounds for the order sought.
5.   A request for consolidation involving more than one respondent shall require the agreement of all such respondents.
6.   The rules applicable to the proceedings under this Article are determined as follows:
(a)
if all of the claims for which a consolidation order is sought have been submitted to dispute settlement under the same rules pursuant to Article 8.23, these rules shall apply;
(b)
if the claims for which a consolidation order is sought have not been submitted to dispute settlement under the same rules:
(i)
the investors may collectively agree on the rules pursuant to Article 8.23.2; or
(ii)
if the investors cannot agree on the applicable rules within 30 days of the President of the Tribunal receiving the request for consolidation, the UNCITRAL Arbitration Rules shall apply.
7.   The President of the Tribunal shall, after receipt of a consolidation request and in accordance with the requirements of Article 8.27.7 constitute a new division (‘consolidating division’) of the Tribunal which shall have jurisdiction over some or all of the claims, in whole or in part, which are the subject of the joint consolidation request.
8.   If, after hearing the disputing parties, a consolidating division is satisfied that claims submitted pursuant to Article 8.23 have a question of law or fact in common and arise out of the same events or circumstances, and consolidation would best serve the interests of fair and efficient resolution of the claims including the interest of consistency of awards, the consolidating division of the Tribunal may, by order, assume jurisdiction over some or all of the claims, in whole or in part.
9.   If a consolidating division of the Tribunal has assumed jurisdiction pursuant to paragraph 8, an investor that has submitted a claim pursuant to Article 8.23 and whose claim has not been consolidated may make a written request to the Tribunal that it be included in such order provided that the request complies with the requirements set out in paragraph 4. The consolidating division of the Tribunal shall grant such order where it is satisfied that the conditions of paragraph 8 are met and that granting such a request would not unduly burden or unfairly prejudice the disputing parties or unduly disrupt the proceedings. Before consolidating division of the Tribunal issues that order, it shall consult with the disputing parties.
10.   On application of a disputing party, a consolidating division of the Tribunal established under this Article, pending its decision under paragraph 8, may order that the proceedings of the division of the Tribunal appointed under Article 8.27.7 be stayed unless the latter Tribunal has already adjourned its proceedings.
11.   The division of the Tribunal appointed under Article 8.27.7 shall cede jurisdiction in relation to the claims, or parts thereof, over which a consolidating division of the Tribunal established under this Article has assumed jurisdiction.
12.   The award of a consolidating division of the Tribunal established under this Article in relation to those claims, or parts thereof, over which it has assumed jurisdiction is binding on the division of the Tribunal appointed under Article 8.27.7 as regards those claims, or parts thereof.
13.   An investor may withdraw a claim under this Section that is subject to consolidation and such claim shall not be resubmitted pursuant to Article 8.23. If it does so no later than 15 days after receipt of the notice of consolidation, its earlier submission of the claim shall not prevent the investor's recourse to dispute settlement other than under this Section.
14.   At the request of an investor, a consolidating division of the Tribunal may take such measures as it sees fit in order to preserve the confidential or protected information of that investor in relation to other investors. Those measures may include the submission of redacted versions of documents containing confidential or protected information to the other investors or arrangements to hold parts of the hearing in private.
Article 8.44
Committee on Services and Investment
1.   The Committee on Services and Investment shall provide a forum for the Parties to consult on issues related to this Chapter, including:
(a)
difficulties which may arise in the implementation of this Chapter;
(b)
possible improvements of this Chapter, in particular in the light of experience and developments in other international 
fora
 and under the Parties' other agreements.
2.   The Committee on Services and Investment shall, on agreement of the Parties, and after completion of their respective internal requirements and procedures, adopt a code of conduct for the Members of the Tribunal to be applied in disputes arising out of this Chapter, which may replace or supplement the rules in application, and may address topics including:
(a)
disclosure obligations;
(b)
the independence and impartiality of the Members of the Tribunal; and
(c)
confidentiality.
The Parties shall make best efforts to ensure that the code of conduct is adopted no later than the first day of the provisional application or entry into force of this Agreement, as the case may be, and in any event no later than two years after such date.
3.   The Committee Services and Investment may, on agreement of the Parties, and after completion of their respective internal requirements and procedures:
(a)
recommend to the CETA Joint Committee the adoption of interpretations of this Agreement pursuant to Article 8.31.3;
(b)
adopt and amend rules supplementing the applicable dispute settlement rules, and amend the applicable rules on transparency. These rules and amendments are binding on the Tribunal established under this Section;
(c)
adopt rules for mediation for use by disputing parties as referred to in Article 8.20;
(d)
recommend to the CETA Joint Committee the adoption of any further elements of the fair and equitable treatment obligation pursuant to Article 8.10.3; and
(e)
make recommendations to the CETA Joint Committee on the functioning of the Appellate Tribunal pursuant to Article 8.28.8.
Article 8.45
Exclusion
The dispute settlement provisions of this Section and of Chapter Twenty-Nine (Dispute Settlement) do not apply to the matters referred to in Annex 8-C.
CHAPTER NINE
Cross-border trade in services
Article 9.1
Definitions
For the purposes of this Chapter:
aircraft repair and maintenance services
 means activities undertaken on an aircraft or a part of an aircraft while it is withdrawn from service and do not include so-called line maintenance;
airport operation services
 means the operation or management, on a fee or contract basis, of airport infrastructure, including terminals, runways, taxiways and aprons, parking facilities, and intra-airport transportation systems. For greater certainty, airport operation services do not include the ownership of, or investment in, airports or airport lands, or any of the functions carried out by a board of directors. Airport operation services do not include air navigation services;
computer reservation system services
 means the supply of a service by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
cross-border trade in services
 or 
cross-border supply of services
 means the supply of a service:
(a)
from the territory of a Party into the territory of the other Party; or
(b)
in the territory of a Party to the service consumer of the other Party,
but does not include the supply of a service in the territory of a Party by a person of the other Party;
ground handling services
 means the supply of a service on a fee or contract basis for: ground administration and supervision, including load control and communications; passenger handling; baggage handling; cargo and mail handling; ramp handling and aircraft services; fuel and oil handling; aircraft line maintenance, flight operations and crew administration; surface transport; or catering services. Ground handling services do not include security services or the operation or management of centralised airport infrastructure, such as baggage handling systems, de-icing facilities, fuel distribution systems, or intra-airport transport systems;
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 do not include the pricing of air transport services or the applicable conditions; and
services supplied in the exercise of governmental authority
 means any service that is not supplied on a commercial basis, or in competition with one or more service suppliers.
Article 9.2
Scope
1.   This Chapter applies to a measure adopted or maintained by a Party affecting cross-border trade in services by a service supplier of the other Party, including a measure affecting:
(a)
the production, distribution, marketing, sale, and delivery of a service;
(b)
the purchase of, use of, or payment for, a service; and,
(c)
the access to and use of, in connection with the supply of a service, services which are required to be offered to the public generally.
2.   This Chapter does not apply to a measure affecting:
(a)
services supplied in the exercise of governmental authority;
(b)
for the European Union, audio-visual services;
(c)
for Canada, cultural industries;
(d)
financial services as defined in Article 13.1 (Definitions);
(e)
air services, related services in support of air services and other services supplied by means of air transport 
(
13
)
, other than:
(i)
aircraft repair and maintenance services;
(ii)
the selling and marketing of air transport services;
(iii)
computer reservation system (CRS) services;
(iv)
ground handling services;
(v)
airport operation services;
(f)
procurement by a Party of a good or service purchased for governmental purposes, and not with of a view to commercial resale or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is ‘covered procurement’ within the meaning of Article 19.2.2 (Scope and coverage); or
(g)
a subsidy, or other government support relating to cross-border trade in services, provided by a Party.
3.   This Chapter does not affect the rights and obligations of the Parties under the 
Agreement on Air Transport between Canada and the European Community and its Member States
, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009.
4.   This Chapter does not impose an obligation on a Party with respect to a national of the other Party seeking access to its employment market, or employment on a permanent basis in its territory, or confer any right on that national with respect to that access or employment.
Article 9.3
National treatment
1.   Each Party shall accord to service suppliers and services of the other Party treatment no less favourable than that it accords, in like situations, to its own service suppliers and services.
2.   For greater certainty, the treatment accorded by a Party pursuant to paragraph 1 means, with respect to a government in Canada other than at the federal level, or, 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 service suppliers and services.
Article 9.4
Formal requirements
Article 9.3 does not prevent a Party from adopting or maintaining a measure that prescribes formal requirements in connection with the supply of a service, provided that such requirements are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination. These measures include requirements:
(a)
to obtain a licence, registration, certification, or authorisation in order to supply a service or as a membership requirement of a particular profession, such as requiring membership in a professional organisation or participation in collective compensation funds for members of professional organisations;
(b)
for a service supplier to have a local agent for service or maintain a local address;
(c)
to speak a national language or hold a driver's licence; or
(d)
that a service supplier:
(i)
post a bond or other form of financial security;
(ii)
establish or contribute to a trust account;
(iii)
maintain a particular type and amount of insurance;
(iv)
provide other similar guarantees; or
(v)
provide access to records.
Article 9.5
Most-favoured-nation treatment
1.   Each Party shall accord to service suppliers and services of the other Party treatment no less favourable than that it accords, in like situations, to service suppliers and services of a third country.
2.   For greater certainty, the treatment accorded by a Party pursuant to paragraph 1 means, with respect to a government in Canada other than at the federal level, or, with respect to a government of or in a Member State of the European Union, the treatment accorded, in like situations, by that government in its territory to services or service suppliers of a third country.
3.   Paragraph 1 does not apply to treatment accorded by a Party under an existing or future measure providing for recognition, including through an arrangement or agreement with a third country that recognises the accreditation of testing and analysis services and service suppliers, the accreditation of repair and maintenance services and service suppliers, as well as the certification of the qualifications of, or the results of, or work done by, those accredited services and service suppliers.
Article 9.6
Market access
A Party shall not adopt or maintain, on the basis of its entire territory or on the basis of the territory of a national, provincial, territorial, regional or local level of government, a measure that imposes 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 9.7
Reservations
1.   Articles 9.3, 9.5 and 9.6 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 Schedule to Annex I;
(ii)
a national government, as set out by that Party in its Schedule to Annex I;
(iii)
a provincial, territorial, or regional government, as set out by that Party in its Schedule to Annex I; or
(iv)
a local government.
(b)
the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or
(c)
an 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 9.3, 9.5, and 9.6.
2.   Articles 9.3, 9.5, and 9.6 do not apply to a measure that a Party adopts or maintains with respect to a sector, subsector or activity, as set out in its Schedule to Annex II.
Article 9.8
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 service supplier of a third country owns or controls the enterprise; and
(b)
the denying Party adopts or maintains a measure with respect to the third country that:
(i)
relates to maintenance of international peace and security; and
(ii)
prohibits transactions with the enterprise or would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise.
CHAPTER TEN
Temporary entry and stay of natural persons for business purposes
Article 10.1
Definitions
For the purposes of this Chapter:
contractual services suppliers
 means natural persons employed by an enterprise of one Party that has no establishment in the territory of the other Party and that has concluded a 
bona fide
 contract (other than through an agency as defined by CPC 872) to supply a service to a consumer of the other Party that requires the presence on a temporary basis of its employees in the territory of the other Party in order to fulfil the contract to supply a service;
enterprise
 means an ‘enterprise’ as defined in Article 8.1 (Definitions);
independent professionals
 means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a 
bona fide
 contract (other than through an agency as defined by CPC 872) to supply a service to a consumer of the other Party that requires the presence of the natural person on a temporary basis in the territory of the other Party in order to fulfil the contract to supply a service;
key personnel
 means business visitors for investment purposes, investors, or intra-corporate transferees:
(a)
business visitors for investment purposes
 means natural persons working in a managerial or specialist position who are responsible for setting up an enterprise but who do not engage in direct transactions with the general public and do not receive remuneration from a source located within the territory of the host Party;
(b)
investors
 means natural persons who establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive, and to which those persons or the enterprise employing those persons has committed, or is in the process of committing, a substantial amount of capital; and
(c)
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 for at least one year and who are temporarily transferred to an enterprise (that may be a subsidiary, branch, or head company of the enterprise of a Party) in the territory of the other Party. This natural person must belong to one of the following categories:
(i)
senior personnel
 means natural persons working in a senior position within an enterprise who:
(A)
primarily direct the management of the enterprise or direct the enterprise, or a department or sub-division of the enterprise; and
(B)
exercise wide latitude in decision making, which may include having the authority to personally recruit and dismiss or to take other personnel actions (such as promotion or leave authorisations), and
(I)
receive only general supervision or direction principally from higher level executives, the board of directors, or stockholders of the business or their equivalent; or
(II)
supervise and control the work of other supervisory, professional or managerial employees and exercise discretionary authority over day-to-day operations; or
(ii)
specialists
 means natural persons working in an enterprise who possess:
(A)
uncommon knowledge of the enterprise's products or services and its application in international markets; or
(B)
an advanced level of expertise or knowledge of the enterprise's processes and procedures such as its production, research equipment, techniques, or management.
In assessing such expertise or knowledge, the Parties will consider abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another natural person in the short-term. Those abilities would have been obtained through specific academic qualifications or extensive experience with the enterprise; or
(iii)
graduate trainees
 means natural persons who:
(A)
possess a university degree; and
(B)
are temporarily transferred to an enterprise in the territory of the other Party for career development purposes, or to obtain training in business techniques or methods; and
natural persons for business purposes
 means key personnel, contractual services suppliers, independent professionals, or short-term business visitors who are citizens of a Party.
Article 10.2
Objectives and scope
1.   This Chapter reflects the preferential trading relationship between the Parties as well as the mutual objective to facilitate trade in services and investment by allowing temporary entry and stay to natural persons for business purposes and by ensuring transparency in the process.
2.   This Chapter applies to measures adopted or maintained by a Party concerning the temporary entry and stay into its territory of key personnel, contractual services suppliers, independent professionals and short-term business visitors. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence, or employment on a permanent basis.
3.   Nothing in this Chapter 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 any Party under the terms of 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.
4.   To the extent that commitments are not taken in this Chapter, all other requirements of the laws of the Parties regarding entry and stay continue to apply, including those concerning period of stay.
5.   Notwithstanding the provisions of this Chapter, all requirements of the Parties' laws regarding employment and social security measures shall continue to apply, including regulations concerning minimum wages as well as collective wage agreements.
6.   This Chapter does not apply to cases where the intent or effect of the temporary entry and stay is to interfere with or otherwise affect the outcome of a labour or management dispute or negotiation, or the employment of natural persons who are involved in such dispute or negotiation.
Article 10.3
General obligations
1.   Each Party shall allow temporary entry to natural persons for business purposes of the other Party who otherwise comply with the Party's immigration measures applicable to temporary entry, in accordance with this Chapter.
2.   Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 10.2.1, and, in particular, shall apply those measures so as to avoid unduly impairing or delaying trade in goods or services or the conduct of investment activities under this Agreement.
3.   Each Party shall ensure that any fees for processing applications for temporary entry are reasonable and commensurate with the costs incurred.
Article 10.4
Provision of information
1.   Further to Chapter Twenty-Seven (Transparency), and recognising the importance to the Parties of transparency of temporary entry information, each Party shall, no later than 180 days after the date of entry into force of this Agreement, make available to the other Party explanatory material regarding the requirements for temporary entry under this Chapter that enables business persons of the other Party to be acquainted with those requirements.
2.   If a Party collects and maintains data relating to temporary entry by category of business persons under this Chapter, the Party shall make this data available to the other Party on request, in accordance with its law related to privacy and data protection.
Article 10.5
Contact points
1.   The Parties hereby establish the following contact points:
(a)
in the case of Canada:
Director
Temporary Resident Policy
Immigration Branch
Citizenship and Immigration Canada
(b)
in the case of the European Union:
Director-General
Directorate General for Trade
European Commission
(c)
in the case of the Member States of the European Union, the contact points listed in Annex10-A or their respective successors.
2.   The contact points for Canada and the European Union, and as appropriate the contact points for Member States of the European Union, shall exchange information pursuant to Article 10.4 and shall meet as required to consider matters pertaining to this Chapter, such as:
(a)
the implementation and administration of this Chapter, including the practice of the Parties in allowing temporary entry;
(b)
the development and adoption of common criteria as well as interpretations for the implementation of this Chapter;
(c)
the development of measures to further facilitate temporary entry of business persons; and
(d)
recommendations to the CETA Joint Committee concerning this Chapter.
Article 10.6
Obligations in other chapters
1.   This Agreement does not impose an obligation on a Party regarding its immigration measures, except as specifically identified in this Chapter and in Chapter Twenty-Seven (Transparency).
2.   Without prejudice to any decision to allow temporary entry to natural persons of the other Party within the terms of this Chapter, including the length of stay permissible pursuant to such an allowance:
(a)
Articles 9.3 (National treatment) and 9.6 (Market access), subject to Articles 9.4 (Formal requirements) and 9.2 (Scope) but not Article 9.2.2(d), are incorporated into and made part of this Chapter and apply to the treatment of natural persons for business purposes present in the territory of the other Party under the categories of:
(i)
key personnel; and
(ii)
contractual services suppliers, and independent professionals for all sectors listed in Annex 10-E; and
(b)
Article 9.5 (Most-favoured-nation treatment), subject to Articles 9.4 (Formal requirements) and 9.2 (Scope) but not Article 9.2.2(d), is incorporated into and made part of this Chapter and applies to the treatment of natural persons for business purposes present in the territory of the other Party under the categories of:
(i)
key personnel, contractual services suppliers, and independent professionals; and
(ii)
short-term business visitors, as set out in Article 10.9.
3.   For greater certainty, paragraph 2 applies to the treatment of natural persons for business purposes present in the territory of the other Party and falling within the relevant categories and who are supplying financial services, as defined in Article 13.1 (Definitions) of Chapter Thirteen (Financial Services). 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.
4.   If a Party has set out a reservation in its Schedule to Annex I, II or III, the reservation also constitutes a reservation to paragraph 2, to the extent that the measure set out in or permitted by the reservation affects the treatment of natural persons for business purposes present in the territory of the other Party.
Article 10.7
Key personnel
1.   Each Party shall allow the temporary entry and stay of key personnel of the other Party subject to the reservations and exceptions listed in Annex 10-B.
2.   Each Party shall not adopt or maintain limitations on the total number of key personnel of the other Party allowed temporary entry, in the form of a numerical restriction or an economic needs test.
3.   Each Party shall allow the temporary entry of business visitors for investment purposes without requiring a work permit or other prior approval procedure of similar intent.
4.   Each Party shall allow the temporary employment in its territory of intra-corporate transferees and investors of the other Party.
5.   The permissible length of stay of key personnel is as follows:
(a)
intra-corporate transferees (specialists and senior personnel): the lesser of three years or the length of the contract, with a possible extension of up to 18 months at the discretion of the Party granting the temporary entry and stay 
(
14
)
;
(b)
intra-corporate transferees (graduate trainees): the lesser of one year or the length of the contract;
(c)
investors: one year, with possible extensions at the discretion of the Party granting the temporary entry and stay;
(d)
business visitors for investment purposes: 90 days within any six month period 
(
15
)
.
Article 10.8
Contractual services suppliers and independent professionals
1.   In accordance with Annex 10-E, each Party shall allow the temporary entry and stay of contractual services suppliers of the other Party, subject to the following conditions:
(a)
the 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 for a period not exceeding 12 months. If the service contract is longer than 12 months, the commitments in this Chapter only apply for the initial 12 months of the contract;
(b)
the natural persons entering the territory of the other Party must be offering those services as employees of the enterprise supplying the services for at least the year immediately preceding the date of submission of an application for entry into the territory of the other Party and must possess, at the date of the submission, at least three years of professional experience 
(
16
)
 in the sector of activity that is the subject of the contract;
(c)
the natural persons entering the territory of the other Party must possess,
(i)
a university degree or a qualification demonstrating knowledge of an equivalent level 
(
17
)
; and
(ii)
professional qualifications, if this is required to practice an activity pursuant to the laws or requirements of the Party where the service is supplied;
(d)
the natural persons must not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual services suppliers during their stay in the territory of the other Party;
(e)
the temporary entry and stay accorded under this Article relate only to the supply of a service which is the subject of the contract. Entitlement to utilise the professional title of the Party where the service is provided may be granted, as required, by the relevant authority as defined in Article 11.1 (Definitions), through a Mutual Recognition Agreement (‘MRA’) or otherwise; and
(f)
the service contract must comply with the laws and other legal requirements of the Party where the contract is executed 
(
18
)
.
2.   In accordance with Annex 10-E, each Party shall allow the temporary entry and stay of independent professionals of the other Party, subject to the following conditions:
(a)
the natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months. If the service contract is longer than 12 months, the commitments in this Chapter shall only apply for the initial 12 months of the contract;
(b)
the natural persons entering the territory of the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;
(c)
the natural persons entering the territory of the other Party must possess,
(i)
a university degree or a qualification demonstrating knowledge of an equivalent level 
(
19
)
; and
(ii)
professional qualifications, if this is required to practice an activity pursuant to the laws, or requirements of the Party where the service is supplied;
(d)
the temporary entry and stay accorded under the provisions of this Article relate only to the supply of a service which is the subject of the contract. Entitlement to utilise the professional title of the Party where the service is provided may be granted, as required, by the relevant authority as defined in Article 11.1 (Definitions), through an MRA or otherwise; and
(e)
the service contract must comply with the laws and other legal requirements of the Party where the contract is executed.
3.   Unless otherwise specified in Annex 10-E, a Party shall not adopt or maintain a limitation on the total number of contractual services suppliers and independent professionals of the other Party allowed temporary entry, in the form of numerical restrictions or an economic needs test.
4.   The length of stay of contractual services supplier or independent professionals is for a cumulative period of not more than 12 months, with extensions possible at the discretion of the Party, in any 24 month period or for the duration of the contract, whichever is less.
Article 10.9
Short-term business visitors
1.   In accordance with Annex 10-B, a Party shall allow the temporary entry and stay of short-term business visitors of the other Party for the purposes of carrying out the activities listed in Annex 10-D, provided that the short-term business visitors:
(a)
are not engaged in selling a good or a service to the general public;
(b)
do not on their own behalf receive remuneration from a source located within the Party where the short-term business visitors are staying temporarily; and
(c)
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 Party where the short-term business visitors are staying temporarily, and a consumer in that territory, except as provided in Annex 10-D.
2.   Each Party shall allow temporary entry of short-term business visitors without the requirement of a work permit or other prior approval procedures of similar intent.
3.   The maximum length of stay of short-term business visitors is 90 days in any six-month period 
(
20
)
.
Article 10.10
Review of commitments
Within five years following the entry into force of this Agreement, the Parties shall consider updating their respective commitments under Articles 10.7 through 10.9.
CHAPTER ELEVEN
Mutual recognition of professional qualifications
Article 11.1
Definitions
For the purposes of this Chapter:
jurisdiction
 means the territory of Canada, and each of its provinces and territories, or the territory of each of the Member States of the European Union, in so far as this Agreement applies in these territories in accordance with Article 1.3 (Geographical scope of application);
negotiating entity
 means a person or body of a Party entitled or empowered to negotiate an agreement on the mutual recognition of professional qualifications (‘MRA’);
professional experience
 means the effective and lawful practice of a service;
professional qualifications
 means the qualifications attested by evidence of formal qualification and/or professional experience;
relevant authority
 means an authority or body, designated pursuant to legislative, regulatory or administrative provisions to recognise qualifications and authorise the practice of a profession in a jurisdiction; and
regulated profession
 means a service, the practice of which, including the use of a title or designation, is subject to the possession of specific qualifications by virtue of legislative, regulatory or administrative provisions.
Article 11.2
Objectives and scope
1.   This Chapter establishes a framework to facilitate a fair, transparent and consistent regime for the mutual recognition of professional qualifications by the Parties and sets out the general conditions for the negotiation of MRAs.
2.   This Chapter applies to professions which are regulated in each Party, including in all or some Member States of the European Union and in all or some provinces and territories of Canada.
3.   A Party shall not accord recognition in a manner that would constitute a means of discrimination in the application of its criteria for the authorisation, licensing or certification of a service supplier, or that would constitute a disguised restriction on trade in services.
4.   An MRA adopted pursuant to this Chapter shall apply throughout the territories of the European Union and Canada.
Article 11.3
Negotiation of an MRA
1.   Each Party shall encourage its relevant authorities or professional bodies, as appropriate, to develop and provide to the Joint Committee on Mutual Recognition of Professional Qualifications (‘MRA Committee’) established under Article 26.2.1(b) joint recommendations on proposed MRAs.
2.   A recommendation shall provide an assessment of the potential value of an MRA, on the basis of criteria such as the existing level of market openness, industry needs, and business opportunities, for example, the number of professionals likely to benefit from the MRA, the existence of other MRAs in the sector, and expected gains in terms of economic and business development. In addition, it shall provide an assessment as to the compatibility of the licensing or qualification regimes of the Parties and the intended approach for the negotiation of an MRA.
3.   The MRA Committee shall, within a reasonable period of time, review the recommendation with a view to ensuring its consistency with the requirements of this Chapter. If these requirements are satisfied, the MRA Committee shall establish the necessary steps to negotiate and each Party shall inform its respective relevant authorities of these steps.
4.   The negotiating entities shall thereafter pursue the negotiation and submit a draft MRA text to the MRA Committee.
5.   The MRA Committee will thereafter review the draft MRA to ensure its consistency with this Agreement.
6.   If in the view of the MRA Committee the MRA is consistent with this Agreement, the MRA Committee shall adopt the MRA by means of a decision, which is conditional upon subsequent notification to the MRA Committee by each Party of the fulfilment of its respective internal requirements. The decision becomes binding on the Parties upon that notification to the MRA Committee by each Party.
Article 11.4
Recognition
1.   The recognition of professional qualifications provided by an MRA shall allow the service supplier to practice professional activities in the host jurisdiction, in accordance with the terms and conditions specified in the MRA.
2.   If the professional qualifications of a service supplier of a Party are recognised by the other Party pursuant to an MRA, the relevant authorities of the host jurisdiction shall accord to this service supplier treatment no less favourable than that accorded in like situations to a like service supplier whose professional qualifications have been certified or attested in the Party's own jurisdiction.
3.   Recognition under an MRA cannot be conditioned upon:
(a)
a service supplier meeting a citizenship or any form of residency requirement; or
(b)
a service supplier's education, experience or training having been acquired in the Party's own jurisdiction.
Article 11.5
Joint Committee on Mutual Recognition of Professional Qualifications
The MRA Committee responsible for the implementation of Article 11.3 shall:
(a)
be composed of and co-chaired by representatives of Canada and the European Union, which must be different from the relevant authorities or professional bodies referred to in Article 11.3.1. A list of those representatives shall be confirmed through an exchange of letters;
(b)
meet within one year after this Agreement enters into force, and thereafter as necessary or as decided;
(c)
determine its own rules of procedure;
(d)
facilitate the exchange of information regarding laws, regulations, policies and practices concerning standards or criteria for the authorisation, licensing or certification of regulated professions;
(e)
make publicly available information regarding the negotiation and implementation of MRAs;
(f)
report to the CETA Joint Committee on the progress of the negotiation and implementation of MRAs; and
(g)
as appropriate, provide information and complement the guidelines set out in Annex 11-A.
Article 11.6
Guidelines for the negotiation and conclusion of MRAs
As part of the framework to achieve mutual recognition of qualifications, the Parties set out in Annex 11-A non-binding guidelines with respect to the negotiation and conclusion of MRAs.
Article 11.7
Contact points
Each Party shall establish one or more contact points for the administration of this Chapter.
CHAPTER TWELVE
Domestic regulation
Article 12.1
Definitions
For the purposes of this Chapter:
authorisation
 means the granting of permission to a person to supply a service or to pursue any other economic activity;
competent authority
 means any government of a Party, or non-governmental body in the exercise of powers delegated by any government of a Party, that grants an authorisation;
licensing procedures
 means administrative or procedural rules, including for the amendment or renewal of a licence, that must be adhered to in order to demonstrate compliance with licensing requirements;
licensing requirements
 means substantive requirements, other than qualification requirements, that must be complied with in order to obtain, amend or renew an authorisation;
qualification procedures
 means administrative or procedural rules that must be adhered to in order to demonstrate compliance with qualification requirements; and
qualification requirements
 means substantive requirements relating to competency that must be complied with in order to obtain, amend or renew an authorisation.
Article 12.2
Scope
1.   This Chapter applies to a measure adopted or maintained by a Party relating to licensing requirements, licensing procedures, qualification requirements, or qualification procedures that affect:
(a)
the cross-border supply of services as defined in Article 9.1 (Definitions);
(b)
the supply of a service or pursuit of any other economic activity, through commercial presence in the territory of the other Party, including the establishment of such commercial presence; and
(c)
the supply of a service through the presence of a natural person of the other Party in the territory of the Party, in accordance with Article 10.6.2 (Obligations in other chapters).
2.   This Chapter does not apply to licensing requirements, licensing procedures, qualification requirements, or qualification procedures:
(a)
pursuant to an existing non-conforming measure maintained by a Party as set out in its Schedule to Annex I; or
(b)
relating to one of the following sectors or activities:
(i)
for Canada, cultural industries and, as set out in its Schedule to Annex II, social services, aboriginal affairs, minority affairs, gambling and betting services, and the collection, purification, and distribution of water; and
(ii)
for the EU Party, audio-visual services and, as set out in its Schedule to Annex II, health, education, and social services, gambling and betting services 
(
21
)
, and the collection, purification, and distribution of water.
Article 12.3
Licensing and qualification requirements and procedures
1.   Each Party shall ensure that licensing requirements, qualification requirements, licensing procedures, or qualification procedures it adopts or maintains are based on criteria that preclude the competent authority from exercising its power of assessment in an arbitrary manner.
2.   The criteria referred to in paragraph 1 shall be:
(a)
clear and transparent;
(b)
objective; and
(c)
established in advance and made publicly accessible.
3.   The Parties recognise that the exercise of statutory discretion conferred on a minister with respect to a decision on the granting of an authorisation in the public interest is not inconsistent with subparagraph 2(c), provided that it is exercised consistently with the object of the applicable statute and not in an arbitrary manner, and that its exercise is not otherwise inconsistent with this Agreement.
4.   Paragraph 3 does not apply to licensing requirements, or qualification requirements for a professional service.
5.   Each Party shall ensure that an authorisation is granted as soon as the competent authority determines that the conditions for the authorisation have been met, and once granted, that the authorisation enters into effect without undue delay, in accordance with the terms and conditions specified therein.
6.   Each Party shall maintain or institute judicial, arbitral, or administrative tribunals or procedures that provide for, at the request of an affected investor, as defined in Article 8.1 (Definitions), or an affected service supplier, as defined in Article 1.1 (Definitions of general application), a prompt review of, and if justified, appropriate remedies for, administrative decisions affecting the supply of a service or the pursuit of any other economic activity. If such procedures are not independent of the agency entrusted with the administrative decision concerned, each Party shall ensure that the procedures are applied in a way that provides for an objective and impartial review.
7.   Each Party shall ensure that licensing procedures or qualification procedures it adopts or maintains are as simple as possible, and do not unduly complicate or delay the supply of a service, or the pursuit of any other economic activity.
8.   An authorisation fee that an applicant may incur in relation to its application for an authorisation shall be reasonable and commensurate with the costs incurred, and shall not in itself restrict the supply of a service or the pursuit of any other economic activity.
9.   Authorisation fees do not include payments for auction, the use of natural resources, royalties, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to provide a universal service.
10.   Each Party shall ensure that licensing procedures, or qualification procedures used by the competent authority and decisions of the competent authority in the authorisation process are impartial with respect to all applicants. The competent authority should reach its decisions in an independent manner and in particular should not be accountable to any person supplying a service or pursuing any other economic activity for which the authorisation is required.
11.   If specific time periods for authorising applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. If possible, applications should be accepted in electronic format under similar conditions of authenticity as paper submissions.
12.   Authenticated copies should be accepted, if considered appropriate, in place of original documents.
13.   Each Party shall ensure that the processing of an authorisation application, including reaching a final decision, is completed within a reasonable timeframe from the submission of a complete application. Each Party should establish the normal timeframe for the processing of an application.
14.   At the request of an applicant, a Party's competent authority shall provide, without undue delay, information concerning the status of the application.
15.   If an application is considered incomplete, a Party's competent authority shall, within a reasonable period of time, inform the applicant, identify the additional information required to complete the application, and provide the applicant an opportunity to correct deficiencies.
16.   If a Party's competent authority rejects an application, it shall inform the applicant in writing and without undue delay. Upon request of the applicant, the Party's competent authority shall also inform the applicant of the reasons the application was rejected and of the timeframe for an appeal or review against the decision. An applicant should be permitted, within reasonable time limits, to resubmit an application.
CHAPTER THIRTEEN
Financial services
Article 13.1
Definitions
For the purposes of this Chapter:
cross-border financial service supplier of a Party
 means a person of a Party that is engaged in the business of supplying a financial service within the territory of the Party and that seeks to supply or supplies a financial service through the cross-border supply of that service;
cross-border supply of financial services
 or 
cross-border trade in financial services
 means the supply of a financial service:
(a)
from the territory of a Party into the territory of the other Party; or
(b)
in the territory of a Party by a person of that Party to a person of the other Party;
but does not include the supply of a service in the territory of a Party by an investment in that territory;
financial institution
 means a supplier that carries out one or more of the operations defined as being financial services in this Article, if the supplier is regulated or supervised in respect of the supply of those services as a financial institution under the law of the Party in whose territory it is located, including a branch in the territory of the Party of that financial service supplier whose head offices are located in the territory of the other Party;
financial institution of the other Party
 means a financial institution, including a branch, located in the territory of a Party that is controlled by a person of the other Party;
financial service
 means a service of a financial nature, including insurance and insurance-related services, banking and other financial services (excluding insurance), and services incidental or auxiliary to a service of a financial nature. Financial services include the following activities:
(a)
insurance and insurance-related services
(i)
direct insurance (including co-insurance):
(A)
life; or
(B)
non-life;
(ii)
reinsurance and retrocession;
(iii)
insurance intermediation, such as brokerage and agency; or
(iv)
services auxiliary to insurance, such as consultancy, actuarial, risk assessment, and claim settlement services; and
(b)
banking and other financial services (excluding insurance):
(i)
acceptance of deposits and other repayable funds from the public;
(ii)
lending of all types, including consumer credit, mortgage credit, factoring, and financing of commercial transactions;
(iii)
financial leasing;
(iv)
all payment and money transmission services, including credit, charge and debit cards, travellers cheques, and bankers drafts;
(v)
guarantees and commitments;
(vi)
trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
(A)
money market instruments (including cheques, bills or certificates of deposits);
(B)
foreign exchange;
(C)
derivative products including futures and options;
(D)
exchange rate and interest rate instruments, including products such as swaps and forward rate agreements;
(E)
transferable securities; or
(F)
other negotiable instruments and financial assets, including bullion;
(vii)
participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately), and supply of services related to such issues;
(viii)
money broking;
(ix)
asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository, and trust services;
(x)
settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;
(xi)
provision and transfer of financial information, and financial data processing and related software; or
(xii)
advisory, intermediation and other auxiliary financial services on all the activities listed in sub-subparagraphs (i) through (xi), including credit reference and analysis, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy;
financial service supplier
 means a person of a Party that is engaged in the business of supplying a financial service within the territory of that Party but does not include a public entity;
investment
 means ‘investment’ as defined in Article 8.1 (Definitions), except that for the purposes of this Chapter, with respect to ‘loans’ and ‘debt instruments’ referred to in that Article:
(a)
a loan to or debt instrument issued by a financial institution is an investment in that financial institution only if it is treated as regulatory capital by the Party in whose territory the financial institution is located; and
(b)
a loan granted by or debt instrument owned by a financial institution, other than a loan to or debt instrument of a financial institution referred to in subparagraph (a), is not an investment;
for greater certainty,
(c)
Chapter Eight (Investment) applies to a loan or debt instrument to the extent that it is not covered in this Chapter; and
(d)
a loan granted by or a debt instrument owned by a cross-border financial service supplier, other than a loan to or debt instrument issued by a financial institution, is an investment for the purposes of Chapter Eight (Investment) if that loan or debt instrument meets the criteria for investments set out in Article 8.1 (Definitions);
investor
 means ‘investor’ as defined in Article 8.1 (Definitions);
new financial service
 means a financial service that is not supplied in the territory of a Party but that is supplied in the territory of the other Party and includes any new form of delivery of a financial service or the sale of a financial product that is not sold in the Party's territory;
person of a Party
 means ‘person of a Party’ as defined in Article 1.1 (Definitions of general application) and, for greater certainty, does not include a branch of an enterprise of a third country;
public entity
 means:
(a)
a government, a central bank or a monetary authority of a Party or any entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, but does not include an entity principally engaged in supplying financial services on commercial terms; or
(b)
a private entity that performs functions normally performed by a central bank or monetary authority when exercising those functions; and
self-regulatory organisation
 means a non-governmental body, including any securities or futures exchange or market, clearing agency, other organisation or association, that exercises its own or delegated regulatory or supervisory authority over financial service suppliers or financial institutions.
Article 13.2
Scope
1.   This Chapter applies to a measure adopted or maintained by a Party relating to:
(a)
financial institutions of the other Party;
(b)
an investor of the other Party, and an investment of that investor, in a financial institution in the Party's territory; and
(c)
cross-border trade in financial services.
2.   For greater certainty, the provisions of Chapter Eight (Investment) apply to:
(a)
a measure relating to an investor of a Party, and an investment of that investor, in a financial service supplier that is not a financial institution; and
(b)
a measure, other than a measure relating to the supply of financial services, relating to an investor of a Party or an investment of that investor in a financial institution.
3.   Articles 8.10 (Treatment of investors and of covered investments), 8.11 (Compensation for losses), 8.12 (Expropriation), 8.13 (Transfers), 8.14 (Subrogation), 8.16 (Denial of benefits), and 8.17 (Formal requirements) are incorporated into and made a part of this Chapter.
4.   Section F of Chapter Eight (Resolution of investment disputes between investors and states) is incorporated into and made a part of this Chapter solely for claims that a Party has breached Article 13.3 or 13.4 with respect to the expansion, conduct, operation, management, maintenance, use, enjoyment, and sale or disposal of a financial institution or an investment in a financial institution, or Article 8.10 (Treatment of investors and of covered investments), 8.11 (Compensation for losses), 8.12 (Expropriation), 8.13 (Transfers), or 8.16 (Denial of benefits).
5.   This Chapter does not apply to a measure 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 of the Party, with the guarantee or using the financial resources of the Party, including its public entities,
except that this Chapter applies to the extent that a Party allows activities or services referred to in subparagraph (a) or (b) to be conducted by its financial institutions in competition with a public entity or a financial institution.
6.   Chapter Twelve (Domestic Regulation) is incorporated into and made a part of this Chapter. For greater certainty, Article 12.3 (Licensing and qualification requirements and procedures) applies to the exercise of statutory discretion by the financial regulatory authorities of the Parties.
7.   The provisions of Chapter Twelve (Domestic Regulation) incorporated into this Chapter under paragraph 6 do not apply to licensing requirements, licensing procedures, qualification requirements or qualification procedures:
(a)
pursuant to a non-conforming measure maintained by Canada, as set out in its Schedule to Annex III-A;
(b)
pursuant to a non-conforming measure maintained by the European Union, as set out in its Schedule to Annex I, to the extent that such measure relates to financial services; and
(c)
as set out in Article 12.2.2(b) (Scope), to the extent that such measure relates to financial services.
Article 13.3
National treatment
1.   Article 8.6 (National treatment) is incorporated into and made a part of this Chapter and applies to treatment of financial institutions and investors of the other Party and their investments in financial institutions.
2.   The treatment accorded by a Party to its own investors and investments of its own investors under Article 8.6 (National treatment) means treatment accorded to its own financial institutions and investments of its own investors in financial institutions.
Article 13.4
Most-favoured-nation treatment
1.   Article 8.7 (Most-favoured-nation treatment) is incorporated into and made a part of this Chapter and applies to treatment of financial institutions and investors of the other Party and their investments in financial institutions.
2.   The treatment accorded by a Party to investors of a third country and investments of investors of a third country under paragraphs 1 and 2 of Article 8.7 (Most-favoured-nation treatment) means treatment accorded to financial institutions of a third country and investments of investors of a third country in financial institutions.
Article 13.5
Recognition of prudential measures
1.   A Party may recognise a prudential measure of a third country in the application of a measure covered by this Chapter. That recognition may be:
(a)
accorded unilaterally;
(b)
achieved through harmonisation or other means; or
(c)
based upon an agreement or arrangement with the third country.
2.   A Party according recognition of a prudential measure shall provide adequate opportunity to the other Party to demonstrate that circumstances exist in which there are or will be equivalent regulation, oversight, implementation of regulation and, if appropriate, procedures concerning the sharing of information between the Parties.
3.   If a Party recognises a prudential measure under subparagraph 1(c) and the circumstances described in paragraph 2 exist, the Party shall provide adequate opportunity to the other Party to negotiate accession to the agreement or arrangement, or to negotiate a comparable agreement or arrangement.
Article 13.6
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, on the basis of its entire territory or on the basis of the territory of a national, provincial, territorial, regional, or local level of government, 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;
(iv)
the participation of foreign capital in terms of maximum percentage limit on foreign shareholding in financial institutions or the total value of individual or aggregate foreign investment in financial institutions; or
(v)
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.   Article 8.4.2 (Market access) is incorporated into and made a part of this Article.
3.   For greater certainty:
(a)
a Party may impose terms, conditions, and procedures for the authorisation of the establishment and expansion of a commercial presence provided that they do not circumvent the Party's obligation under paragraph 1 and are consistent with the other provisions of this Chapter; and
(b)
this Article does not prevent a Party from requiring a financial institution to supply certain financial services through separate legal entities if, under the law of the Party, the range of financial services supplied by the financial institution may not be supplied through a single entity.
Article 13.7
Cross-border supply of financial services
1.   Articles 9.3 (National treatment), 9.4 (Formal requirements), and 9.6 (Market access) are incorporated into and made a part of this Chapter and apply to treatment of cross-border financial service suppliers supplying the financial services specified in Annex 13-A.
2.   The treatment accorded by a Party to its own service suppliers and services under Article 9.3.2 (National treatment) means treatment accorded to its own financial service suppliers and financial services.
3.   The measures that a Party shall not adopt or maintain with respect to service suppliers and services of the other Party under Article 9.6 (Market access) means measures relating to cross-border financial service suppliers of the other Party supplying financial services.
4.   Article 9.5 (Most-favoured-nation treatment) is incorporated into and made a part of this Chapter and applies to treatment of cross-border financial service suppliers of the other Party.
5.   The treatment accorded by a Party to service suppliers and services of a third country under Article 9.5 (Most-favoured-nation treatment) means treatment accorded to financial service suppliers of a third country and financial services of a third country.
6.   Each Party shall permit a person located in its territory, and a national wherever they are located, to purchase a financial service from a cross-border financial service supplier of the other Party located in the territory of that other Party. This obligation does not require a Party to permit such suppliers to do business or solicit in its territory. Each Party may define ‘doing business’ and ‘solicitation’ for the purposes of this Article, in conformity with paragraph 1.
7.   For the financial services specified in Annex 13-A, each Party shall permit a cross-border financial service supplier of the other Party, on request or notification to the relevant regulator, where required, to supply a financial service through any new form of delivery, or to sell a financial product that is not sold in the Party's territory where the first Party permits its own financial service suppliers to supply such a service or to sell such a product under its law in like situations.
Article 13.8
Senior management and boards of directors
A Party shall not require that a financial institution of the other Party appoint to senior management or board of director positions, natural persons of any particular nationality.
Article 13.9
Performance requirements
1.   The Parties shall negotiate disciplines on performance requirements such as those contained in Article 8.5 (Performance requirements) with respect to investments in financial institutions.
2.   If, after three years of entry into force of this Agreement, the Parties have not agreed to such disciplines, upon request of a Party, Article 8.5 (Performance requirements) shall be incorporated into and made a part of this Chapter and shall apply to investments in financial institutions. For this purpose, ‘investment’ in Article 8.5 (Performance requirements) means ‘investment in a financial institution in its territory’.
3.   Within 180 days following the successful negotiation by the Parties on the performance requirement disciplines pursuant to paragraph 1, or following a Party's request for incorporation of Article 8.5 (Performance requirements) into this Chapter pursuant to paragraph 2, as the case may be, each Party may amend its Schedule as required. Any amendment must be limited to the listing of reservations for existing measures that do not conform with the performance requirements obligation under this Chapter, for Canada in Section A of its Schedule to Annex III and for the European Union in its Schedule to Annex I. Article 13.10.1 shall apply to such measures with respect to the performance requirement disciplines negotiated pursuant to paragraph 1, or Article 8.5 (Performance requirements) as incorporated into this Chapter pursuant to paragraph 2, as the case may be.
Article 13.10
Reservations and exceptions
1.   Articles 13.3, 13.4, 13.6, and 13.8 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 Schedule to Annex I;
(ii)
a national government, as set out by Canada in Section A of its Schedule to Annex III or the European Union in its Schedule to Annex I;
(iii)
a provincial, territorial, or regional government, as set out by Canada in Section A of its Schedule to Annex III or the European Union in its Schedule to Annex I; or
(iv)
a local government;
(b)
the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or
(c)
an 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 13.3, 13.4, 13.6, or 13.8.
2.   Article 13.7 does 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 Schedule to Annex I;
(ii)
a national government, as set out by Canada in Section A of its Schedule to Annex III or the European Union in its Schedule to Annex I;
(iii)
a provincial, territorial, or regional government, as set out by Canada in Section A of its Schedule to Annex III or the European Union in its Schedule to Annex I; or
(iv)
a local government;
(b)
the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or
(c)
an 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 upon the entry into force of this Agreement, with Article 13.7.
3.   Articles 13.3, 13.4, 13.6, 13.7, and 13.8 do not apply to a measure that Canada adopts or maintains with respect to financial services as set out in Section B of its Schedule to Annex III, or to a measure that the European Union adopts or maintains with respect to financial services as set out in its Schedule to Annex II.
4.   If a Party has set out a reservation to Articles 8.4 (Market access), 8.5 (Performance requirements), 8.6 (National treatment), 8.7 (Most-favoured-nation treatment), 8.8 (Senior management and boards of directors), 9.3 (National treatment), 9.5 (Most-favoured-nation treatment), or 9.6 (Market access) in its Schedule to Annex I or II, the reservation also constitutes a reservation to Articles 13.3, 13.4, 13.6, 13.7, or 13.8, or to any discipline on performance requirements negotiated pursuant to Article 13.9.1 or incorporated into this Chapter pursuant to Article 13.9.2, as the case may be, to the extent that the measure, sector, sub-sector or activity set out in the reservation is covered by this Chapter.
5.   A Party shall not adopt a measure or series of measures after the date of entry into force of this Agreement that are covered by Section B of Canada's Schedule to Annex III, or by the Schedule to Annex II of the European Union and that require, directly or indirectly, an investor of the other Party, by reason of nationality, to sell or otherwise dispose of an investment existing at the time the measure or series of measures became effective.
6.   In respect of intellectual property rights, a Party may derogate from Articles 13.3 and 13.4, and from any discipline on technology transfer in relation to performance requirements negotiated pursuant to Article 13.9.1 or incorporated into this Chapter pursuant to Article 13.9.2, as the case may be, if the derogation is permitted by the TRIPS Agreement, including waivers to the TRIPS Agreement adopted pursuant to Article IX of the WTO Agreement.
7.   Articles 13.3, 13.4, 13.6, 13.7, 13.8, and 13.9 do not apply to:
(a)
procurement by a Party of a good or service purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is ‘covered procurement’ within the meaning of Article 19.2 (Scope and coverage); or
(b)
subsidies, or government support relating to trade in services, provided by a Party.
Article 13.11
Effective and transparent regulation
1.   Each Party shall ensure that all measures of general application to which this Chapter applies are administered in a reasonable, objective, and impartial manner.
2.   Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Chapter are promptly published or made available in such a manner as to enable an interested person and the other Party to become acquainted with them. To the extent possible, each Party shall:
(a)
publish in advance any such measures that it proposes to adopt;
(b)
provide an interested person and the other Party a reasonable opportunity to comment on these proposed measures; and
(c)
allow reasonable time between the final publication of the measures and the date they become effective.
For the purposes of this Chapter, these requirements replace those set out in Article 27.1 (Publication).
3.   Each Party shall maintain or establish appropriate mechanisms to respond within a reasonable period of time to an inquiry from an interested person regarding measures of general application covered by this Chapter.
4.   A regulatory authority shall make an administrative decision on a completed application of an investor in a financial institution, a cross-border financial service supplier, or a financial institution of the other Party relating to the supply of a financial service within a reasonable period of time that is justified by the complexity of the application and the normal period of time established for the processing of the application. For Canada, such a reasonable time period is 120 days. The regulatory authority shall promptly notify the applicant of the decision. If it is not practicable for a decision to be made within a reasonable period of time, the regulatory authority shall promptly notify the applicant and endeavour to make the decision as soon as possible. For greater certainty, an application is not considered complete until all relevant hearings are held and the regulatory authority has received all necessary information.
Article 13.12
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 to supply a financial service in or into the territory of that Party, or grants a privilege or advantage when supplying a financial service through a self-regulatory organisation, then the requiring Party shall ensure that the self-regulatory organisation observes the obligations of this Chapter.
Article 13.13
Payment and clearing systems
Under terms and conditions that accord national treatment, each Party shall grant a financial service supplier of the other Party established in its territory access to payment and clearing systems operated by a Party, or by an entity exercising governmental authority delegated to it by a Party, and access to official funding and refinancing facilities available in the normal course of ordinary business. This Article does not confer access to a Party's lender of last resort facilities.
Article 13.14
New financial services
1.   Each Party shall permit a financial institution of the other Party to supply any new financial service that the first Party would permit its own financial institutions, in like situations, to supply under its law, on request or notification to the relevant regulator, if required.
2.   A Party may determine the institutional and juridical form through which the new financial service may be supplied and may require authorisation for the supply of the service. If authorisation is required, a decision shall be made within a reasonable period of time and the authorisation may only be refused for prudential reasons.
3.   This Article does not prevent a financial institution of a Party from applying to the other Party to consider authorising the supply of a financial service that is not supplied within either Party's territory. That application is subject to the law of the Party receiving the application and is not subject to the obligations of this Article.
Article 13.15
Transfer and processing of information
1.   Each Party shall permit a financial institution or a cross-border financial service supplier of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing if processing is required in the ordinary course of business of the financial institution or the cross-border financial service supplier.
2.   Each Party shall maintain adequate safeguards to protect privacy, in particular with regard to the transfer of personal information. If the transfer of financial information involves personal information, such transfers shall be in accordance with the legislation governing the protection of personal information of the territory of the Party where the transfer has originated.
Article 13.16
Prudential carve-out
1.   This Agreement does not prevent a Party from adopting or maintaining reasonable measures for prudential reasons, including:
(a)
the protection of investors, depositors, policy-holders, or persons to whom a financial institution, cross-border financial service supplier, or financial service supplier owes a fiduciary duty;
(b)
the maintenance of the safety, soundness, integrity, or financial responsibility of a financial institution, cross-border financial service supplier, or financial service supplier; or
(c)
ensuring the integrity and stability of a Party's financial system.
2.   Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration of cross-border financial service suppliers of the other Party and of financial instruments.
3.   Subject to Articles 13.3 and 13.4, a Party may, for prudential reasons, prohibit a particular financial service or activity. Such a prohibition shall not apply to all financial services or to a complete financial services sub-sector, such as banking.
Article 13.17
Specific exceptions
1.   This Agreement does not apply to measures taken by a public entity in pursuit of monetary or exchange rate policies. This paragraph does not affect a Party's obligations under Articles 8.5 (Performance requirements), 8.13 (Transfers), or 13.9.
2.   This Agreement does not require a Party to furnish or allow access to information relating to the affairs and accounts of individual consumers, cross-border financial service suppliers, financial institutions, or to any confidential information which, if disclosed, would interfere with specific regulatory, supervisory, or law enforcement matters, or would otherwise be contrary to public interest or prejudice legitimate commercial interests of particular enterprises.
Article 13.18
Financial Services Committee
1.   The Financial Services Committee established under Article 26.2.1(f) (Specialised committees) shall include representatives of authorities in charge of financial services policy with expertise in the field covered by this Chapter. For Canada, the Committee representative is an official from the Department of Finance Canada or its successor.
2.   The Financial Services Committee shall decide by mutual consent.
3.   The Financial Services Committee shall meet annually, or as it otherwise decides, and shall:
(a)
supervise the implementation of this Chapter;
(b)
carry out a dialogue on the regulation of the financial services sector with a view to improving mutual knowledge of the Parties' respective regulatory systems and to cooperate in the development of international standards as illustrated by the Understanding on the dialogue on the regulation of the financial services sector contained in Annex 13-C; and
(c)
implement Article 13.21.
Article 13.19
Consultations
1.   A Party may request consultations with the other Party regarding any matter arising under this Agreement that affects financial services. The other Party shall give sympathetic consideration to the request.
2.   Each Party shall ensure that when there are consultations pursuant to paragraph 1 its delegation includes officials with the relevant expertise in the area covered by this Chapter. For Canada this means officials of the Department of Finance Canada or its successor.
Article 13.20
Dispute settlement
1.   Chapter Twenty-Nine (Dispute Settlement) applies as modified by this Article to the settlement of disputes arising under this Chapter.
2.   If the Parties are unable to agree on the composition of the arbitration panel established for the purposes of a dispute arising under this Chapter, Article 29.7 (Composition of the arbitration panel) applies. However, all references to the list of arbitrators established under Article 29.8 (List of arbitrators) shall be understood to refer to the list of arbitrators established under this Article.
3.   The CETA Joint Committee may establish a list of at least 15 individuals, chosen on the basis of objectivity, reliability, and sound judgement, who are willing and able to serve as arbitrators. The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals, who are not nationals of either Party, to act as chairpersons. Each sub-list shall include at least five individuals. The CETA Joint Committee may review the list at any time and shall ensure that the list conforms with this Article.
4.   The arbitrators included on the list must have expertise or experience in financial services law or regulation or in the practice thereof, which may include the regulation of financial service suppliers. The arbitrators acting as chairpersons must also have experience as counsel, panellist, or arbitrator in dispute settlement proceedings. Arbitrators shall be independent, serve in their individual capacity, and shall not take instructions from any organisation or government. They shall comply with the Code of Conduct in Annex 29-B (Code of conduct).
5.   If an arbitration panel finds that a measure is inconsistent with 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 Party's financial services sector; or
(b)
only a sector other than the financial services sector, the complaining Party shall not suspend benefits in the financial services sector.
Article 13.21
Investment disputes in financial services
1.   Section F of Chapter Eight (Resolution of investment disputes between investors and states) applies, as modified by this Article and Annex 13-B, to:
(a)
investment disputes pertaining to measures to which this Chapter applies and in which an investor claims that a Party has breached Article 8.10 (Treatment of investors and of covered investments), 8.11 (Compensation for losses), 8.12 (Expropriation), 8.13 (Transfers), 8.16 (Denial of benefits), 13.3, or 13.4; or
(b)
investment disputes commenced pursuant to Section F of Chapter Eight (Resolution of investment disputes between investors and states) in which Article 13.16.1 has been invoked.
2.   In the case of an investment dispute under subparagraph 1(a), or if the respondent invokes Article 13.16.1 within 60 days of the submission of a claim to the Tribunal under Article 8.23 (Submission of a claim to the Tribunal), a division of the Tribunal shall be composed, in accordance with Article 8.27.7 (Constitution of the Tribunal) from the list established under Article 13.20.3. If the respondent invokes Article 13.16.1 within 60 days of the submission of a claim, with respect to an investment dispute other than under subparagraph 1(a), the period of time applicable to the composition of a division of the Tribunal under Article 8.27.7 (Constitution of the Tribunal) commences on the date the respondent invokes Article 13.16.1. If the CETA Joint Committee has not made the appointments pursuant to Article 8.27.2 (Constitution of the Tribunal) within the period of time provided in Article 8.27.17 (Constitution of the Tribunal), either disputing party may request that the Secretary-General of the International Centre for Settlement of Investment Disputes (‘ICSID’) select the Members of the Tribunal from the list established under Article 13.20. If the list has not been established under Article 13.20 on the date the claim is submitted pursuant to Article 8.23 (Submission of a claim to the Tribunal), the Secretary-General of ICSID shall select the Members of the Tribunal from the individuals proposed by one or both of the Parties in accordance with Article 13.20.
3.   The respondent may refer the matter in writing to the Financial Services Committee for a decision as to whether and, if so, to what extent the exception under Article 13.16.1 is a valid defence to the claim. This referral shall not be made later than the date the Tribunal fixes for the respondent to submit its counter-memorial. If the respondent refers the matter to the Financial Services Committee under this paragraph the periods of time or proceedings referred to in Section F of Chapter Eight (Resolution of investment disputes between investors and states) are suspended.
4.   In a referral under paragraph 3, the Financial Services Committee or the CETA Joint Committee, as the case may be, may make a joint determination as to whether and to what extent Article 13.16.1 is a valid defence to the claim. The Financial Services Committee or the CETA Joint Committee, as the case may be, shall transmit a copy of the joint determination to the investor and the Tribunal, if constituted. If the joint determination concludes that Article 13.16.1 is a valid defence to all parts of the claim in their entirety, the investor is deemed to have withdrawn its claim and the proceedings are discontinued in accordance with Article 8.35 (Discontinuance). If the joint determination concludes that Article 13.16.1 is a valid defence to only parts of the claim, the joint determination is binding on the Tribunal with respect to those parts of the claim. The suspension of the periods of time or proceedings described in paragraph 3 then no longer applies and the investor may proceed with the remaining parts of the claim.
5.   If the CETA Joint Committee has not made a joint determination within three months of referral of the matter by the Financial Services Committee, the suspension of the periods of time or proceedings referred to in paragraph 3 no longer applies and the investor may proceed with its claim.
6.   At the request of the respondent, the Tribunal shall decide as a preliminary matter whether and to what extent Article 13.16.1 is a valid defence to the claim. Failure of the respondent to make that request is without prejudice to the right of the respondent to assert Article 13.16.1 as a defence in a later phase of the proceedings. The Tribunal shall draw no adverse inference from the fact that the Financial Services Committee or the CETA Joint Committee has not agreed on a joint determination in accordance with Annex13-B.
CHAPTER FOURTEEN
International maritime transport services
Article 14.1
Definitions
For the purposes of this Chapter:
customs clearance services
 or 
customs house brokers' services
 means the carrying out, on a fee or contract basis, of customs formalities concerning import, export or through transport of cargo, irrespective of whether these services are the main or secondary activity of the service provider;
container station and depot services
 means the storage, stuffing, stripping or repair of containers and making them available for shipment, whether in port areas or inland;
door-to-door or multimodal transport operation
 means the transport of cargo under a single transport document, that uses more than one mode of transport and involves an international sea-leg;
feeder services
 means the pre- and onward transportation by sea of international cargo, including containerised, break bulk and dry or liquid bulk cargo, between ports located in the territory of a Party. For greater certainty, in respect of Canada, feeder services may include transportation between sea and inland waters, where inland waters means those defined in the 
Customs Act
, R.S.C. 1985, c.1 (2nd Supp.);
international cargo
 means cargo transported 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;
international maritime transport services
 means the transport of passengers or cargo by a sea-going vessel between a port of one 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, as well as direct contracting with suppliers of other transport services to ensure door-to-door or multimodal transport operations, but not the supply of such other transport services;
international maritime transport service suppliers
 means:
(a)
an enterprise of a Party, as defined in Article 1.1 (Definitions of general application), and a branch of any such entity; or
(b)
an enterprise, as defined in Article 1.1 (Definitions of general application), of a third country owned or controlled by nationals of a Party, if its vessels are registered in accordance with the legislation of that Party and flying the flag of that Party; or
(c)
a branch of an enterprise of a third country with substantive business operations in the territory of a Party, that is engaged in the supply of international maritime transport services. For greater certainty, Chapter Eight (Investment) does not apply to such a branch;
maritime agency services
 means the representation, as an agent, within a given geographic area, of the business interests of one or more shipping lines or shipping companies, for the following purposes:
(a)
marketing and sales of maritime transport and related services, from quotation to invoicing, issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and
(b)
acting on behalf of the companies in organising the call of the vessel or taking control of cargo when required;
maritime auxiliary services
 means maritime cargo handling services, customs clearance services, container station and depot services, maritime agency services, maritime freight forwarding services, and storage and warehousing services;
maritime cargo handling services
 means the performance, organisation and supervision of:
(a)
the loading or discharging of cargo to or from a vessel,
(b)
the lashing or unlashing of cargo, and
(c)
the reception or delivery and safekeeping of cargo before shipment or after discharge,
by stevedoring or terminal operator companies, but does not include work performed by dock labour, when this workforce is organised independently of stevedoring or terminal operator companies;
maritime freight forwarding services
 means the organisation and monitoring of shipments on behalf of shippers, through the supply of such services as the arrangement of transport and related services, consolidation and packing of cargo, preparation of documentation and provision of business information;
storage and warehousing services
 means storage services of frozen or refrigerated goods, bulk storage services of liquids or gases, and other storage or warehousing services.
Article 14.2
Scope
1.   This Chapter applies to a measure adopted or maintained by a Party relating to the supply of international maritime transport services 
(
22
)
. For greater certainty, such measure is also subject to Chapters Eight (Investment) and Nine (Cross-Border Trade in Services), as applicable.
2.   For greater certainty, further to Articles 8.6 (National treatment), 8.7 (Most-favoured-nation treatment), 9.3 (National treatment), and 9.5 (Most-favoured-nation treatment), a Party shall not adopt or maintain a measure in respect of:
(a)
a vessel supplying an international maritime transport service and flying the flag of the other Party 
(
23
)
; or
(b)
an international maritime transport service supplier of the other Party,
that accords treatment that is less favourable than that accorded by that Party in like situations to its own vessels or international maritime transport service suppliers or to vessels or international maritime transport service suppliers of a third country with regard to:
(a)
access to ports;
(b)
the use of infrastructure and services of ports such as towage and pilotage;
(c)
the use of maritime auxiliary services as well as the imposition of related fees and charges;
(d)
access to customs facilities; or
(e)
the assignment of berths and facilities for loading and unloading 
(
24
)
.
Article 14.3
Obligations
1.   Each Party shall permit the international maritime transport service suppliers of the other Party to re-position owned or leased empty containers that are carried on a non-revenue basis between the ports of that Party.
2.   A Party shall permit the international maritime transport service suppliers of the other Party to supply feeder services between the ports of that Party.
3.   A Party shall not adopt or maintain a cargo-sharing arrangement with a third country concerning any international maritime transport services, including dry and liquid bulk and liner trades.
4.   A Party shall not adopt or maintain a measure that requires all or part of any international cargo to be transported exclusively by vessels registered in that Party or owned or controlled by nationals of that Party.
5.   A Party shall not adopt or maintain a measure that prevents international maritime transport service suppliers of the other Party from directly contracting with other transport service suppliers for door-to-door or multimodal transport operations.
Article 14.4
Reservations
1.   Article 14.3 does 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 Schedule to Annex I;
(ii)
a national government, as set out by that Party in its Schedule to Annex I;
(iii)
a provincial, territorial or regional government, as set out by that Party in its Schedule to Annex I; or
(iv)
a local government;
(b)
the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or
(c)
an 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 Article 14.3.
2.   Article 14.3 does not apply to a measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out in its Schedule to Annex II.
CHAPTER FIFTEEN
Telecommunications
Article 15.1
Definitions
For the purposes of this Chapter:
contribution link
 means a link for the transmission of sound or television broadcasting signals to a programme production centre;
cost-oriented
 means based on cost and may involve different cost methodologies for different facilities or services;
enterprise
 means an ‘enterprise’ as defined in Article 8.1 (Definitions);
essential facilities
 means facilities of a public telecommunications transport network or service that:
(a)
are exclusively or predominantly supplied by a single or a limited number of suppliers; and
(b)
cannot feasibly be economically or technically substituted in order to supply a service;
interconnection
 means linking suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with the users of another supplier and to access services supplied by another supplier;
intra-corporate communications
 means telecommunications through which an enterprise communicates within the enterprise or with or among its subsidiaries, branches and, subject to a Party's law, 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. For the purposes of this definition, ‘subsidiaries’, ‘branches’ and, where applicable, ‘affiliates’ are as defined by each Party;
leased circuits
 means telecommunications facilities between two or more designated points that are set aside for the dedicated use of or availability to a particular customer or other users of the customer's choice;
major supplier
 means a supplier which has the ability to materially affect the terms of participation, having regard to price and supply in the relevant market for public telecommunications transport networks or services, as a result of:
(a)
control over essential facilities; or
(b)
use of its position in the market;
network termination point
 means the physical point at which a user is provided with access to a public telecommunications transport network;
number portability
 means the ability of end-users of public telecommunications transport services to retain, at the same location, the same telephone numbers without impairment of quality, reliability or convenience when switching between suppliers of like public telecommunications transport services;
public telecommunications transport network
 means the public telecommunications infrastructure that permits telecommunications between and among defined network termination points;
public telecommunications transport service
 means a telecommunications transport service that a Party requires, explicitly or in effect, to be offered to the public generally that involves the real-time transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information. This service may include, among other things, voice telephone services, packet-switched data transmission services, circuit-switched data transmission services, telex services, telegraph services, facsimile services, private leased circuit services and mobile and personal communications services and systems;
regulatory authority
 means the body responsible for the regulation of telecommunications;
telecommunications services
 means all services consisting of the transmission and reception of signals by any electromagnetic means but does not include the economic activity consisting of the provision of content by means of telecommunications; and
user
 means an enterprise or natural person using or requesting a publicly available telecommunications service.
Article 15.2
Scope
1.   This Chapter applies to a measure adopted or maintained by a Party relating to telecommunications networks or services, subject to a Party's right to restrict the supply of a service in accordance with its reservations as set out in its Schedule to Annex I or II.
2.   This Chapter does not apply to a measure of a Party affecting the transmission by any means of telecommunications, including broadcast and cable distribution, of radio or television programming intended for reception by the public. For greater certainty, this Chapter applies to a contribution link.
3.   This Chapter does not:
(a)
require a Party to authorise a service supplier of the other Party to establish, construct, acquire, lease, operate or supply telecommunications networks or services, other than as specifically provided in this Agreement; or
(b)
require a Party, or require a Party to compel a service supplier, to establish, construct, acquire, lease, operate or supply telecommunications networks or services not offered to the public generally.
Article 15.3
Access to and use of public telecommunications transport networks or services
1.   A Party shall ensure that enterprises of the other Party are accorded access to and use of public telecommunications transport networks or services on reasonable and non-discriminatory terms and conditions, including with respect to quality, technical standards and specifications 
(
25
)
. The Parties shall apply this obligation, among other things, as set out in paragraphs 2 through 6.
2.   Each Party shall ensure that enterprises of the other Party have access to and use of any public telecommunications transport network or service offered within or across its borders, including private leased circuits, and to this end shall ensure, subject to paragraphs 5 and 6, that these enterprises are permitted to:
(a)
purchase or lease, and attach terminal or other equipment which interfaces with the public telecommunications transport network;
(b)
connect private leased or owned circuits with public telecommunications transport networks and services of that Party or with circuits leased or owned by another enterprise;
(c)
use operating protocols of their choice; and
(d)
perform switching, signalling, and processing functions.
3.   Each Party shall ensure that enterprises of the other Party may use public telecommunications transport networks and services for the movement of information in its territory or across its borders, including for intra-corporate communications of these enterprises, and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of either Party.
4.   Further to Article 28.3 (General exceptions), and notwithstanding paragraph 3, a Party shall take appropriate measures to protect:
(a)
the security and confidentiality of public telecommunications transport services; and
(b)
the privacy of users of public telecommunications transport services,
subject to the requirement that these measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.
5.   Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks or services other than as necessary to:
(a)
safeguard the public service responsibilities of suppliers of public telecommunications transport networks or services, in particular their ability to make their networks or services available to the public generally;
(b)
protect the technical integrity of public telecommunications transport networks or services; or
(c)
ensure that service suppliers of the other Party do not supply services limited by the Party's reservations as set out in its Schedule to Annex I or II.
6.   Provided that they satisfy the criteria in paragraph 5, conditions for access to and use of public telecommunications transport networks or services may include:
(a)
restrictions on resale or shared use of these services;
(b)
a requirement to use specified technical interfaces, including interface protocols, for connection with such networks or services;
(c)
requirements, where necessary, for the inter-operability of these services;
(d)
type approval of terminal or other equipment that interfaces with the network and technical requirements relating to the attachment of that equipment to the networks;
(e)
restrictions on connection of private leased or owned circuits with these networks or services or with circuits leased or owned by another enterprise; and
(f)
notification, registration and licensing.
Article 15.4
Competitive safeguards on major suppliers
1.   Each Party shall maintain appropriate measures to prevent suppliers that, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.
2.   The anti-competitive practices referred to in paragraph 1 include:
(a)
engaging in anti-competitive cross-subsidisation;
(b)
using information obtained from competitors with anti-competitive results; and
(c)
not making available to other service suppliers, on a timely basis, technical information about essential facilities and commercially relevant information which are necessary for them to supply services.
Article 15.5
Access to essential facilities
1.   Each Party shall ensure that a major supplier in its territory makes available its essential facilities, which may include, among other things, network elements, operational support systems or support structures, to suppliers of telecommunications services of the other Party on reasonable and non-discriminatory terms and conditions and cost-oriented rates.
2.   Each Party may determine, in accordance with its laws, those essential facilities required to be made available in its territory.
Article 15.6
Interconnection
1.   Each Party shall ensure that a major supplier in its territory provides interconnection:
(a)
at any technically feasible point in the network;
(b)
under non-discriminatory terms, conditions, including technical standards and specifications, and rates;
(c)
of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or of its subsidiaries or other affiliates;
(d)
in a timely fashion, on terms, conditions, (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that a supplier need not pay for network components or facilities that it does not require for the services to be supplied; and
(e)
upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
2.   A supplier that is authorised to supply telecommunications services has the right to negotiate a new interconnection agreement with other suppliers of public telecommunications transport networks and services. Each Party shall ensure that major suppliers are required to establish a reference interconnection offer or negotiate interconnection agreements with other suppliers of telecommunications networks and services.
3.   Each Party shall ensure that suppliers of public telecommunications transport services that acquire information from another such supplier during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored.
4.   Each Party shall ensure that the procedures applicable for interconnection to a major supplier shall be made publicly available.
5.   Each Party shall ensure that a major supplier makes publicly available either its interconnection agreements or reference interconnection offer if it is appropriate.
Article 15.7
Authorisation to supply telecommunications services
Each Party should ensure that the authorisation to supply telecommunications services, wherever possible, is based upon a simple notification procedure.
Article 15.8
Universal service
1.   Each Party has the right to define the kind of universal service obligations it wishes to maintain.
2.   Each Party shall ensure that any measure on universal service that it adopts or maintains is administered in a transparent, objective, non-discriminatory and competitively neutral manner. Each Party shall also ensure that any universal service obligation it imposes is not more burdensome than necessary for the kind of universal service that the Party has defined.
3.   All suppliers should be eligible to ensure universal service. If a supplier is to be designated as the supplier of a universal service, a Party shall ensure that the selection is made through an efficient, transparent and non-discriminatory mechanism.
Article 15.9
Scarce resources
1.   Each Party shall administer its procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, in an objective, timely, transparent and non-discriminatory manner.
2.   Notwithstanding Articles 8.4 (Market access) and 9.6 (Market access), a Party may adopt or maintain a measure that allocates and assigns spectrum and that manages frequencies. Accordingly, each Party retains the right to establish and apply its spectrum and frequency management policies that may limit the number of suppliers of public telecommunications transport services. Each Party also retains the right to allocate frequency bands taking into account present and future needs.
3.   Each Party shall make the current state of allocated frequency bands publicly available but shall not be required to provide detailed identification of frequencies allocated for specific government use.
Article 15.10
Number portability
Each Party shall ensure that suppliers of public telecommunications transport services in its territory provide number portability on reasonable terms and conditions.
Article 15.11
Regulatory authority
1.   Each Party shall ensure that its regulatory authority is legally distinct and functionally independent from any supplier of telecommunications transport networks, services or equipment, including if a Party retains ownership or control of a supplier of telecommunications transport networks or services.
2.   Each Party shall ensure that its regulatory authority's decisions and procedures are impartial with respect to all market participants and are administered in a transparent and timely manner.
3.   Each Party shall ensure that its regulatory authority is sufficiently empowered to regulate the sector, including by ensuring that it has the power to:
(a)
require suppliers of telecommunications transport networks or services to submit any information the regulatory authority considers necessary for the administration of its responsibilities; and
(b)
enforce its decisions relating to the obligations set out in Articles 15.3 through 15.6 through appropriate sanctions that may include financial penalties, corrective orders or the suspension or revocation of licences.
Article 15.12
Resolution of telecommunication disputes
1.   Further to Articles 27.3 (Administrative proceedings) and 27.4 (Review and appeal), each Party shall ensure that:
(a)
enterprises have timely recourse to its regulatory authority to resolve disputes with suppliers of public telecommunications transport networks or services regarding the matters covered in Articles 15.3 through 15.6 and that, under the law of the Party, are within the regulatory authority's jurisdiction. As appropriate, the regulatory authority shall issue a binding decision to resolve the dispute within a reasonable period of time; and
(b)
suppliers of telecommunications networks or services of the other Party requesting access to essential facilities or interconnection with a major supplier in the Party's territory have, within a reasonable and publicly specified period of time, recourse to a regulatory authority to resolve disputes regarding the appropriate terms, conditions and rates for interconnection or access with that major supplier.
2.   Each Party shall ensure that an enterprise whose interests are adversely affected by a determination or decision of a regulatory authority may obtain review of the determination or decision by an impartial and independent judicial, quasi-judicial or administrative authority, as provided in the law of the Party. The judicial, quasi-judicial or administrative authority shall provide the enterprise with written reasons supporting its determination or decision. Each Party shall ensure that these determinations or decisions, subject to appeal or further review, are implemented by the regulatory authority.
3.   An application for judicial review does not constitute grounds for non-compliance with the determination or decision of the regulatory authority unless the relevant judicial authority stays this determination or decision.
Article 15.13
Transparency
1.   Further to Articles 27.1 (Publication) and 27.2 (Provision of information), and in addition to the other provisions in this Chapter relating to the publication of information, each Party shall make publicly available:
(a)
the responsibilities of a regulatory authority in an easily accessible and clear form, in particular where those responsibilities are given to more than one body;
(b)
its measures relating to public telecommunications transport networks or services, including:
(i)
regulations of its regulatory authority, together with the basis for these regulations;
(ii)
tariffs and other terms and conditions of services;
(iii)
specifications of technical interfaces;
(iv)
conditions for attaching terminal or other equipment to the public telecommunications transport networks;
(v)
notification, permit, registration, or licensing requirements, if any; and
(c)
information on bodies responsible for preparing, amending and adopting standards-related measures.
Article 15.14
Forbearance
The Parties recognise the importance of a competitive market to achieve legitimate public policy objectives for telecommunications services. To this end, and to the extent provided in its law, each Party may refrain from applying a regulation to a telecommunications service when, following analysis of the market, it is determined that effective competition is achieved.
Article 15.15
Relation to other chapters
If there is any inconsistency between this Chapter and another Chapter, this Chapter prevails to the extent of the inconsistency.
CHAPTER SIXTEEN
Electronic commerce
Article 16.1
Definitions
For the purposes of this Chapter:
delivery
 means a computer program, text, video, image, sound recording or other delivery that is digitally encoded; and
electronic commerce
 means commerce conducted through telecommunications, alone or in conjunction with other information and communication technologies.
Article 16.2
Objective and scope
1.   The Parties recognise that electronic commerce increases economic growth and trade opportunities in many sectors and confirm the applicability of the WTO rules to electronic commerce. They agree to promote the development of electronic commerce between them, in particular by cooperating on the issues raised by electronic commerce under the provisions of this Chapter.
2.   This Chapter does not impose an obligation on a Party to allow a delivery transmitted by electronic means except in accordance with the Party's obligations under another provision of this Agreement.
Article 16.3
Customs duties on electronic deliveries
1.   A Party shall not impose a customs duty, fee, or charge on a delivery transmitted by electronic means.
2.   For greater certainty, paragraph 1 does not prevent a Party from imposing an internal tax or other internal charge on a delivery transmitted by electronic means, provided that the tax or charge is imposed in a manner consistent with this Agreement.
Article 16.4
Trust and confidence in electronic commerce
Each Party should adopt or maintain laws, regulations or administrative measures for the protection of personal information of users engaged in electronic commerce and, when doing so, shall take into due consideration international standards of data protection of relevant international organisations of which both Parties are a member.
Article 16.5
General provisions
Considering the potential of electronic commerce as a social and economic development tool, the Parties recognise the importance of:
(a)
clarity, transparency and predictability in their domestic regulatory frameworks in facilitating, to the maximum extent possible, the development of electronic commerce;
(b)
interoperability, innovation and competition in facilitating electronic commerce; and
(c)
facilitating the use of electronic commerce by small and medium sized enterprises.
Article 16.6
Dialogue on electronic commerce
1.   Recognising the global nature of electronic commerce, the Parties agree to maintain a dialogue on issues raised by electronic commerce, which will address, among other things:
(a)
the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;
(b)
the liability of intermediary service suppliers with respect to the transmission, or the storage of information;
(c)
the treatment of unsolicited electronic commercial communications; and
(d)
the protection of personal information and the protection of consumers and businesses from fraudulent and deceptive commercial practices in the sphere of electronic commerce.
2.   The dialogue in paragraph 1 may take the form of exchange of information on the Parties' respective laws, regulations, and other measures on these issues, as well as sharing experiences on the implementation of such laws, regulations and other measures.
3.   Recognising the global nature of electronic commerce, the Parties affirm the importance of actively participating in multilateral 
fora
 to promote the development of electronic commerce.
Article 16.7
Relation to other chapters
In the event of an inconsistency between this Chapter and another chapter of this Agreement, the other chapter prevails to the extent of the inconsistency.
CHAPTER SEVENTEEN
Competition policy
Article 17.1
Definitions
For the purposes of this Chapter:
anti-competitive business conduct
 means anti-competitive agreements, concerted practices or arrangements by competitors, anti-competitive practices by an enterprise that is dominant in a market, and mergers with substantial anti-competitive effects; and,
service of general economic interest
 means, for the European Union, a service that cannot be provided satisfactorily and under conditions, such as price, objective quality characteristics, continuity, and access to the service, consistent with the public interest, by an undertaking operating under normal market conditions. The operation of a service of general economic interest must be entrusted to one or more undertakings by the state by way of a public service assignment that defines the obligations of the undertakings in question and of the state.
Article 17.2
Competition policy
1.   The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties acknowledge that anti-competitive business conduct has the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation.
2.   The Parties shall take appropriate measures to proscribe anti-competitive business conduct, recognising that such measures will enhance the fulfilment of the objectives of this Agreement.
3.   The Parties shall cooperate on matters relating to the proscription of anti-competitive business conduct in the free trade area in accordance with the 
Agreement between the European Communities and the Government of Canada Regarding the Application of their Competition Laws
, done at Bonn on 17 June 1999.
4.   The measures referred to in paragraph 2 shall be consistent with the principles of transparency, non-discrimination, and procedural fairness. Exclusions from the application of competition law shall be transparent. A Party shall make available to the other Party public information concerning such exclusions provided under its competition law.
Article 17.3
Application of competition policy to enterprises
1.   A Party shall ensure that the measures referred to in Article 17.2.2 apply to the Parties to the extent required by its law.
2.   For greater certainty:
(a)
in Canada, the 
Competition Act
, R.S.C. 1985, c. C-34 is binding on and applies to an agent of Her Majesty in right of Canada, or of a province, that is a corporation, in respect of commercial activities engaged in by the corporation in competition, whether actual or potential, with other persons to the extent that it would apply if the agent were not an agent of Her Majesty. Such an agent may include state enterprises, monopolies, and enterprises granted special or exclusive rights or privileges; and
(b)
in the European Union, state enterprises, monopolies, and enterprises granted special rights or privileges are subject to the European Union's rules on competition. However, enterprises entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly are subject to these rules, in so far as the application of these rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.
Article 17.4
Dispute settlement
Nothing in this Chapter shall be subject to any form of dispute settlement pursuant to this Agreement.
CHAPTER EIGHTEEN
State enterprises, monopolies, and enterprises granted special rights or privileges
Article 18.1
Definitions
For the purposes of this Chapter:
covered entity
 means:
(a)
a monopoly;
(b)
a supplier of a good or service, if it is one of a small number of goods or services suppliers authorised or established by a Party, formally or in effect, and the Party substantially prevents competition among those suppliers in its territory;
(c)
any entity to which a Party has granted, formally or in effect, special rights or privileges to supply a good or service, substantially affecting the ability of any other enterprise to supply the same good or service in the same geographical area under substantially equivalent conditions, and allowing the entity to escape, in whole or in part, competitive pressures or market constraints 
(
26
)
; or
(d)
a state enterprise;
designate
 means to establish or authorise a monopoly, or to expand the scope of a monopoly to cover an additional good or service;
in accordance with commercial considerations
 means consistent with customary business practices of a privately held enterprise in the relevant business or industry; and
non-discriminatory treatment
 means the better of national treatment and most-favoured-nation treatment as set out in this Agreement.
Article 18.2
Scope
1.   The Parties confirm their rights and obligations under Articles XVII:1 through XVII:3 of the GATT 1994, the 
Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994
, and Articles VIII:1 and VIII:2 of GATS, all of which are hereby incorporated into and made part of this Agreement.
2.   This Chapter does not apply to the procurement by a Party of a good or service purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is a ‘covered procurement’ within the meaning of Article 19.2 (Scope and coverage).
3.   Articles 18.4 and 18.5 do not apply to the sectors set out in Article 8.2 (Scope) and Article 9.2 (Scope).
4   Articles 18.4 and 18.5 do not apply to a measure of a covered entity if a reservation of a Party, taken against a national treatment or most-favoured nation treatment obligation, as set out in that Party's Schedule to Annex I, II, or III, would be applicable if the same measure had been adopted or maintained by that Party.
Article 18.3
State enterprises, monopolies and enterprises granted special rights or privileges
1.   Without prejudice to the Parties' rights and obligations under this Agreement, nothing in this Chapter prevents a Party from designating or maintaining a state enterprise or a monopoly or from granting an enterprise special rights or privileges.
2.   A Party shall not require or encourage a covered entity to act in a manner inconsistent with this Agreement.
Article 18.4
Non-discriminatory treatment
1.   Each Party shall ensure that in its territory a covered entity accords non-discriminatory treatment to a covered investment, to a good of the other Party, or to a service supplier of the other Party in the purchase or sale of a good or service.
2.   If a covered entity described in paragraphs (b) through (d) of the definition of ‘covered entity’ in Article 18.1 acts in accordance with Article 18.5.1, the Party in whose territory the covered entity is located shall be deemed to be in compliance with the obligations set out in paragraph 1 in respect of that covered entity.
Article 18.5
Commercial considerations
1.   Each Party shall ensure that a covered entity in its territory acts in accordance with commercial considerations in the purchase or sale of goods, including with regard to price, quality, availability, marketability, transportation, and other terms and conditions of purchase or sale, as well as in the purchase or supply of services, including when such goods or services are supplied to or by an investment of an investor of the other Party.
2.   Provided that a covered entity's conduct is consistent with Article 18.4 and Chapter Seventeen (Competition Policy), the obligation contained in paragraph 1 does not apply:
(a)
in the case of a monopoly, to the fulfilment of the purpose for which the monopoly has been created or for which special rights or privileges have been granted, such as a public service obligation or regional development; or,
(b)
in the case of a state enterprise, to the fulfilment of its public mandate.
CHAPTER NINETEEN
Government procurement
Article 19.1
Definitions
For the purposes of this Chapter:
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;
construction service
 means a service that has as its objective the realisation by whatever means of civil or building works, based on Division 51 of the United Nations Provisional Central Product Classification (CPC);
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;
in writing
 or 
written
 means any worded or numbered expression that can be read, reproduced and later communicated. It may include electronically transmitted and stored information;
limited tendering
 means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice;
measure
 means any law, regulation, procedure, administrative guidance or practice, or any action of a procuring entity relating to a covered procurement;
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;
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;
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;
open tendering
 means a procurement method whereby all interested suppliers may submit a tender;
person
 means ‘person’ as defined in Article 1.1 (Definitions of general application);
procuring entity
 means an entity covered under Annexes 19-1, 19-2 or 19-3 of a Party's Market Access Schedule for this Chapter;
qualified supplier
 means a supplier that a procuring entity recognises as having satisfied the conditions for participation;
selective tendering
 means a procurement method whereby only qualified suppliers are invited by the procuring entity to submit a tender;
services
 includes construction services, unless otherwise specified;
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. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, service, process or production method;
supplier
 means a person or group of persons that provides or could provide goods or services; and
technical specification
 means a tendering requirement that:
(a)
lays down the characteristics of a good or a service to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production or provision; or
(b)
addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or a service.
Article 19.2
Scope and coverage
1.   This Chapter applies to any measure relating to a covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2.   For the purposes of this Chapter, covered procurement means procurement for governmental purposes:
(a)
of a good, a service, or any combination thereof:
(i)
as specified in each Party's Annexes to its Market Access Schedule for this Chapter; and
(ii)
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;
(b)
by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy;
(c)
for which the value, as estimated in accordance with paragraphs 6 through 8, equals or exceeds the relevant threshold specified in a Party's Annexes to its Market Access Schedule for this Chapter, at the time of publication of a notice in accordance with Article 19.6;
(d)
by a procuring entity; and
(e)
that is not otherwise excluded from coverage in paragraph 3 or a Party's Annexes to its Market Access Schedule for this Chapter.
3.   Except as otherwise provided in a Party's Annexes to its Market Access Schedule for this Chapter, 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.
4.   A procurement subject to this Chapter shall be all procurement covered by the Market Access Schedules of Canada and the European Union, in which each Party's commitments are set out as follows:
(a)
in Annex 19-1, the central government entities whose procurement is covered by this Chapter;
(b)
in Annex 19-2, the sub-central government entities whose procurement is covered by this Chapter;
(c)
in Annex 19-3, all other entities whose procurement is covered by this Chapter;
(d)
in Annex 19-4, the goods covered by this Chapter;
(e)
in Annex 19-5, the services, other than construction services, covered by this Chapter;
(f)
in Annex 19-6, the construction services covered by this Chapter;
(g)
in Annex 19-7, any General Notes; and
(h)
in Annex 19-8, the means of publication used for this Chapter.
5.   If a procuring entity, in the context of covered procurement, requires a person not covered under a Party's Annexes to its Market Access Schedule for this Chapter to procure in accordance with particular requirements, Article 19.4 shall apply 
mutatis mutandis
 to such requirements.
6.   In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a)
neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter; and
(b)
include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including:
(i)
premiums, fees, commissions and interest; and
(ii)
if the procurement provides for the possibility of options, the total value of such options.
7.   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 (‘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.
8.   In the case of procurement by lease, rental or hire purchase of a good or a service, 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) shall be used.
Article 19.3
Security and general exceptions
1.   Nothing in this Chapter shall be construed to prevent a Party from taking any action or from not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement:
(a)
of arms, ammunition 
(
27
)
 or war material;
(b)
or to procurement indispensable for national security; or
(c)
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 19.4
General principles
1.   With respect to any measure regarding covered procurement, each 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. For greater certainty, such treatment includes:
(a)
within Canada, treatment no less favourable than that accorded by a province or territory, including its procuring entities, to goods and services of, and to suppliers located in, that province or territory; and
(b)
within the European Union, treatment no less favourable than that accorded by a Member State or a sub-central region of a Member State, including its procuring entities, to goods and services of, and suppliers located in, that Member State or sub-central region, as the case may be.
2.   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.
3.   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; and
(b)
maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access.
4.   A procuring entity shall conduct covered procurement in a transparent and impartial manner that:
(a)
is consistent with this Chapter, using methods such as open tendering, selective tendering and limited tendering;
(b)
avoids conflicts of interest; and
(c)
prevents corrupt practices.
5.   For the purposes of covered procurement, a Party shall not apply rules of origin to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party applies at the same time in the normal course of trade to imports or supplies of the same goods or services from the same Party.
6.   With regard to covered procurement, a Party, including its procuring entities, shall not seek, take account of, impose or enforce any offset.
7.   Paragraphs 1 and 2 shall not apply to: customs duties and charges of any kind imposed on, or in connection with, importation; the method of levying such duties and charges; other import regulations or formalities and measures affecting trade in services other than measures governing covered procurement.
Article 19.5
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 Annex 19-8 of its Market Access Schedule:
(a)
the electronic or paper media in which the Party publishes the information described in paragraph 1;
(b)
the electronic or paper media in which the Party publishes the notices required by Articles 19.6, 19.8.7 and 19.15.2; and
(c)
the website address or addresses where the Party publishes:
(i)
its procurement statistics pursuant to Article 19.15.5; or
(ii)
its notices concerning awarded contracts pursuant to Article 19.15.6.
3.   Each Party shall promptly notify the Committee on Government Procurement of any modification to the Party's information listed in Annex 19-8.
Article 19.6
Notices
1.   For each covered procurement a procuring entity shall publish a notice of intended procurement, except in the circumstances described in Article 19.12.
All the notices of intended procurement shall be directly accessible by electronic means free of charge through a single point of access subject to paragraph 2. The notices may also be published in an appropriate paper medium that is widely disseminated and those notices shall remain readily accessible to the public, at least until expiration of the time-period indicated in the notice.
The appropriate paper and electronic medium is listed by each Party in Annex 19-8.
2.   A Party may apply a transitional period of up to 5 years from the date of entry into force of this Agreement to entities covered by Annexes 19-2 and 19-3 that are not ready to participate in a single point of access referred to in paragraph 1. Those entities shall, during such transitional period, provide their notices of intended procurement, if accessible by electronic means, through links in a gateway electronic site that is accessible free of charge and listed in Annex 19-8.
3.   Except as otherwise provided in this Chapter, each notice of intended procurement shall include:
(a)
the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and their cost and terms of payment, if any;
(b)
a description of the procurement, including the nature and the quantity of the goods or services to be procured or, if the quantity is not known, the estimated quantity;
(c)
for recurring contracts, an estimate, if possible, of the timing of subsequent notices of intended procurement;
(d)
a description of any options;
(e)
the time-frame for delivery of goods or services or the duration of the contract;
(f)
the procurement method that will be used and whether it will involve negotiation or electronic auction;
(g)
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 therewith, unless such requirements are included in tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement;
(k)
if, pursuant to Article 19.8, 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.
4.   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 English or French. 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.
5.   Procuring entities are encouraged to publish in the appropriate electronic, and, if available, paper medium listed in Annex 19-8 as early as possible in each fiscal year a notice regarding their future procurement plans (‘notice of planned procurement’). The notice of planned procurement shall also be published in the single point of access site listed in Annex 19-8, subject to paragraph 2. The notice of planned procurement should include the subject-matter of the procurement and the planned date of the publication of the notice of intended procurement.
6.   A procuring entity covered under Annexes 19-2 or 19-3 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 3 as is available to the entity and a statement that interested suppliers should express their interest in the procurement to the procuring entity.
Article 19.7
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 the procuring entity 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 or contracts;
(d)
final judgments in respect of serious crimes or other serious offences;
(e)
professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or
(f)
failure to pay taxes.
Article 19.8
Qualification of suppliers
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.
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.
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 19.6.3(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 19.6.3(c), (d), (e), (h) and (i) to the qualified suppliers that it notifies as specified in Article 19.10.3(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 that will be permitted to tender and the criteria for selecting the limited number of suppliers.
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.
7.   A procuring entity may maintain a multi-use list of suppliers, provided that a notice inviting interested suppliers to apply for inclusion on the list is:
(a)
published annually; and
(b)
if published by electronic means, made available continuously,
in the appropriate medium listed in Annex 19-8.
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 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 19.10.2, 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 entity has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the entity is not able to complete the examination of the request within the time-period allowed for the submission of tenders.
12.   A procuring entity covered under Annexes 19-2 or 19-3 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 under Article 19.6.3 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 entity promptly provides to suppliers that have expressed an interest in a given procurement to the entity, sufficient information to permit them to assess their interest in the procurement, including all remaining information required in Article 19.6.3, to the extent such information is available.
13.   A procuring entity covered under Annexes 19-2 or 19-3 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.
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 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 19.9
Technical specifications and tender documentation
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 international trade.
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 they exist; 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, in such cases, the 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.   For greater certainty, a Party, including its procuring entities, may prepare, adopt or apply technical specifications to promote the conservation of natural resources or protect the environment, provided that it does so in accordance with this Article.
7.   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 entity will apply in the awarding of the contract, and, unless price is the sole criterion, the relative importance of that 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.
8.   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.
9.   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.
10.   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.
11.   If, prior to the award of a contract, a procuring entity 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 such suppliers are known to the entity, and in all other cases, in the same manner as the original information was made available; and
(b)
in adequate time to allow such suppliers to modify and re-submit amended tenders, as appropriate.
Article 19.10
Time-periods
1.   A procuring entity shall, consistent 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 foreign as well as domestic points if electronic means are not used.
These time-periods, including any extension of the time-periods, 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 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 19.6.5 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 19.6.3, 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 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 in 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 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 Annexes 19-2 or 19-3 has selected all or a limited number of qualified suppliers, the time-period for tendering may be fixed by mutual agreement between the procuring entity and the selected suppliers. In the absence of agreement, the period shall not be less than 10 days.
Article 19.11
Negotiation
1.   A Party may provide for its procuring entities to conduct negotiations with suppliers:
(a)
if the entity has indicated its intent to conduct negotiations in the notice of intended procurement required under Article 19.6.3; or
(b)
if 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)
if negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders.
Article 19.12
Limited tendering
1.   Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles 19.6 through 19.8, paragraphs 7 through 11 of Article 19.9, and Articles 19.10, 19.11, 19.13 and 19.14 under any of the following circumstances:
(a)
if:
(i)
no tenders were submitted or no suppliers requested participation;
(ii)
no tenders that conform to the essential requirements of the tender documentation were submitted;
(iii)
no suppliers satisfied the conditions for participation; or
(iv)
the tenders submitted have been collusive,
provided that the requirements of the tender documentation are not substantially modified;
(b)
if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:
(i)
the requirement is for a work of art;
(ii)
the protection of patents, copyrights or other exclusive rights; or
(iii)
due to an absence of competition for technical reasons;
(c)
for additional deliveries by the original supplier of goods 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)
only when 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 19.13
Electronic auctions
If a procuring entity intends to conduct a covered procurement using an electronic auction, the entity shall provide each participant, before commencing the electronic auction, with:
(a)
the automatic evaluation method, including the mathematical formula, that is based on the evaluation criteria set out in the tender documentation and that will be used in the automatic ranking or re-ranking during the auction;
(b)
the results of any initial evaluation of the elements of its tender 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 19.14
Treatment of tenders and awarding of contracts
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.   A procuring entity shall not penalise any supplier whose tender is received after the time specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring entity.
3.   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.
4.   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.
5.   Unless a procuring entity determines that it is not in the public interest to award a contract, the entity shall award the contract to the supplier that the 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.
6.   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 it satisfies the conditions for participation and is capable of fulfilling the terms of the contract.
7.   A procuring entity shall not use options, cancel a procurement or modify awarded contracts in a manner that circumvents the obligations under this Chapter.
Article 19.15
Transparency of procurement information
1.   A procuring entity shall promptly inform participating suppliers of the entity's contract award decisions and, on the request of a supplier, shall do so in writing. Subject to Articles 19.6.2 and 19.6.3, a procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender and the relative advantages of the successful supplier's tender.
2.   Not later than 72 days after the award of each contract covered by this Chapter, a procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Annex 19-8. If the 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 19.12, a description of the circumstances justifying the use of limited tendering.
3.   Each procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:
(a)
the documentation and reports of tendering procedures and contract awards relating to covered procurement, including the reports required under Article 19.12; and
(b)
data that ensure the appropriate traceability of the conduct of covered procurement by electronic means.
4.   Each Party shall collect and report to the Committee on Government Procurement statistics on its contracts covered by this Chapter. Each report shall cover one year and be submitted within two years of the end of the reporting period, and shall contain:
(a)
for Annex 19-1 procuring entities:
(i)
the number and total value, for all such entities, of all contracts covered by this Chapter;
(ii)
the number and total value of all contracts covered by this Chapter awarded by each such entity, broken down by categories of goods and services according to an internationally recognised uniform classification system; and
(iii)
the number and total value of all contracts covered by this Chapter awarded by each such entity under limited tendering;
(b)
for Annexes 19-2 and 19-3 procuring entities, the number and total value of contracts covered by this Chapter awarded by all such entities, broken down by Annex; and
(c)
estimates for the data required under subparagraphs (a) and (b), with an explanation of the methodology used to develop the estimates, if it is not feasible to provide the data.
5.   If a Party publishes its statistics on an official website, in a manner that is consistent with the requirements of paragraph 4, the Party may, instead of reporting to the Committee on Government Procurement, provide a link to the website, together with any instructions necessary to access and use such statistics.
6.   If a Party requires notices concerning awarded contracts, pursuant to paragraph 2, to be published electronically and if such notices are accessible to the public through a single database in a form permitting analysis of the covered contracts, the Party may, instead of reporting to the Committee on Government Procurement, provide a link to the website, together with any instructions necessary to access and use such data.
Article 19.16
Disclosure of information
1.   On request of the other Party, a Party shall provide promptly any information necessary to determine whether a procurement was conducted fairly, impartially and in accordance with this Chapter, including information on the characteristics and relative advantages of the successful tender. In cases where release of the information would prejudice competition in future tenders, the Party that receives the information shall not disclose it to any supplier, except after consulting with, and obtaining the consent of, the Party that provided the information.
2.   Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, shall not provide to any particular supplier information that might prejudice fair competition between suppliers.
3.   Nothing in this Chapter shall be construed to require a Party, including its procuring entities, authorities and review bodies, to disclose confidential information if 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 19.17
Domestic review procedures
1.   Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure through which a supplier may challenge:
(a)
a breach of the Chapter; or
(b)
if the supplier does not have a right to challenge directly a breach of the Chapter under the domestic law of a Party, a failure to comply with a Party's measures implementing this Chapter,
arising in the context of a covered procurement, in which the supplier has, or has had, an interest. The procedural rules for all challenges shall be in writing and made generally available.
2.   In the event 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 procurement shall encourage the entity and the supplier to seek resolution of the complaint through consultations. The 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 (‘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:
(a)
rapid interim measures to preserve the supplier's opportunity to participate in the procurement. Such interim measures may result in suspension of the procurement process. The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. Just cause for not acting shall be provided in writing; and
(b)
corrective action or compensation for the loss or damages suffered, which may be limited to either the costs for the preparation of the tender or the costs relating to the challenge, or both, if a review body determines that there has been a breach or a failure as referred to in paragraph 1.
8.   Not later than ten years after the entry into force of this Agreement, the Parties will take up negotiations to further develop the quality of remedies, including a possible commitment to introduce or maintain pre-contractual remedies.
Article 19.18
Modifications and rectifications to coverage
1.   A Party may modify or rectify its Annexes to this Chapter.
2.   When a Party modifies an Annex to this Chapter, the Party shall:
(a)
notify the other Party in writing; and
(b)
include in the notification a proposal of 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 need not provide compensatory adjustments if:
(a)
the modification in question is negligible in its effect; or
(b)
the modification covers an entity over which the Party has effectively eliminated its control or influence.
4.   If the other Party disputes that:
(a)
an adjustment proposed under subparagraph 2(b) is adequate to maintain a comparable level of mutually agreed coverage;
(b)
the modification is negligible in its effect; or
(c)
the modification covers an entity over which the Party has effectively eliminated its control or influence under subparagraph 3(b),
it must object in writing within 45 days of receipt of the notification referred to in subparagraph 2(a) or be deemed to have accepted the adjustment or modification, including for the purposes of Chapter Twenty-Nine (Dispute Settlement).
5.   The following changes to a Party's Annexes shall be considered a rectification, provided that they do not affect the mutually agreed coverage provided for in this Agreement:
(a)
a change in the name of an entity;
(b)
a merger of two or more entities listed within an Annex; and
(c)
the separation of an entity listed in an Annex into two or more entities that are all added to the entities listed in the same Annex.
6.   In the case of proposed rectifications to a Party's Annexes, the Party shall notify the other Party every two years, in line with the cycle of notifications provided for under the Agreement on Government Procurement, contained in Annex 4 of the WTO Agreement, following the entry into force of this Agreement.
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 set out the reasons why it believes the proposed rectification is not a change provided for in paragraph 5 of this Article, and describe the effect of the proposed rectification on the mutually agreed coverage provided for in the Agreement. If no such objection is submitted in writing within 45 days after having received the notification, the Party shall be deemed to have agreed to the proposed rectification.
Article 19.19
Committee on Government Procurement
1.   The Committee on Government Procurement, established under Article 26.2.1(e), is to be composed of representatives from each Party and shall meet, as necessary, for the purpose of providing the Parties the opportunity to consult on any matters relating to the operation of this Chapter or the furtherance of its objectives, and to carry out other responsibilities as may be assigned to it by the Parties.
2.   The Committee on Government Procurement shall meet, upon request of a Party, to:
(a)
consider issues regarding public procurement that are referred to it by a Party;
(b)
exchange information relating to the public procurement opportunities in each Party;
(c)
discuss any other matters related to the operation of this Chapter; and
(d)
consider the promotion of coordinated activities to facilitate access for suppliers to procurement opportunities in the territory of each Party. These activities may include information sessions, in particular with a view to improving electronic access to publicly-available information on each Party's procurement regime, and initiatives to facilitate access for small and medium-sized enterprises.
3.   Each Party shall submit statistics relevant to the procurement covered by this Chapter, as set out in Article 19.15, annually to the Committee on Government Procurement.
CHAPTER TWENTY
Intellectual property
Section A
General Provisions
Article 20.1
Objectives
The objectives of this Chapter are to:
(a)
facilitate the production and commercialisation of innovative and creative products, and the provision of services, between the Parties; and
(b)
achieve an adequate and effective level of protection and enforcement of intellectual property rights.
Article 20.2
Nature and scope of obligations
1.   The provisions of this Chapter complement the rights and obligations between the Parties under the TRIPS Agreement.
2.   Each Party shall be free to determine the appropriate method of implementing the provisions of this Agreement within its own legal system and practice.
3.   This Agreement does not create any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and enforcement of law in general.
Article 20.3
Public health concerns
1.   The Parties recognise the importance of the 
Doha Declaration on the TRIPS Agreement and Public Health
 (‘Doha Declaration’), adopted on 14 November 2001 by the WTO Ministerial Conference. In interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure consistency with this Declaration.
2.   The Parties shall contribute to the implementation of and respect the 
Decision of the WTO General Council of 30 August 2003
                     
 on Paragraph 6 of the Doha Declaration, as well as the 
Protocol amending the TRIPS Agreement
, done at Geneva on 6 December 2005.
Article 20.4
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 20.5
Disclosure of information
This Chapter does not require a Party to disclose information that would otherwise be contrary to its law or exempt from disclosure under its law concerning access to information and privacy.
Section B
Standards Concerning Intellectual Property Rights
Article 20.6
Definition
For the purposes of this Section:
pharmaceutical product
 means a product including a chemical drug, biologic drug, vaccine or radiopharmaceutical, that is manufactured, sold or represented for use in:
(a)
making a medical diagnosis, treating, mitigating or preventing disease, disorder, or abnormal physical state, or its symptoms, or
(b)
restoring, correcting, or modifying physiological functions.
Sub-section A
Copyright and related rights
Article 20.7
Protection granted
1.   The Parties shall comply with the following international agreements:
(a)
Articles 2 through 20 of the 
Berne Convention for the Protection of Literary and Artistic Works
, done at Paris on 24 July 1971;
(b)
Articles 1 through 14 of the 
WIPO Copyright Treaty
, done at Geneva on 20 December 1996;
(c)
Articles 1 through 23 of the 
WIPO Performances and Phonograms Treaty
, done at Geneva on 20 December 1996; and
(d)
Articles 1 through 22 of the 
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
, done at Rome on 26 October 1961.
2.   To the extent permitted by the treaties referred to in paragraph 1, this Chapter shall not restrict each Party's ability to limit intellectual property protection that it accords to performances to those performances that are fixed in phonograms.
Article 20.8
Broadcasting and communication to the public
1.   Each Party shall provide performers the exclusive right to authorise or prohibit 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.
2.   Each Party shall ensure that a single equitable remuneration is 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, and shall ensure that this remuneration is shared between the relevant performers and phonogram producers. Each Party may, in the absence of an agreement between the performers and producers of phonograms, lay down the conditions as to the sharing of this remuneration between them.
Article 20.9
Protection of technological measures
1.   For the purposes of this Article, 
technological measures
 means any technology, device, or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works, performances, or phonograms, that are not authorised by authors, performers or producers of phonograms, as provided for by the law of a Party. Without prejudice to the scope of copyright or related rights contained in the law of a Party, technological measures shall be deemed effective where the use of protected works, performances, or phonograms is controlled by authors, performers or producers of phonograms through the application of a relevant access control or protection process, such as encryption or scrambling, or a copy control mechanism, that achieves the objective of protection.
2.   Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorised by the authors, the performers or the producers of phonograms concerned or permitted by law.
3.   In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 2, each Party shall provide protection against at least:
(a)
to the extent provided by its law:
(i)
the unauthorised circumvention of an effective technological measure carried out knowingly or with reasonable grounds to know; and
(ii)
the offering to the public by marketing of a device or product, including computer programs, or a service, as a means of circumventing an effective technological measure; and
(b)
the manufacture, importation, or distribution of a device or product, including computer programs, or provision of a service that:
(i)
is primarily designed or produced for the purpose of circumventing an effective technological measure; or
(ii)
has only a limited commercially significant purpose other than circumventing an effective technological measure.
4.   Under paragraph 3, the term ‘to the extent provided by its law’ means that each Party has flexibility in implementing subparagraphs (a)(i) and (ii).
5.   In implementing paragraphs 2 and 3, a Party shall not be obliged to require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as the product does not otherwise contravene that Party's measures implementing these paragraphs. The intention of this provision is that this Agreement does not require a Party to mandate interoperability in its law: there is no obligation for the information communication technology industry to design devices, products, components, or services to correspond to certain technological measures.
6.   In providing adequate legal protection and effective legal remedies pursuant to paragraph 2, a Party may adopt or maintain appropriate limitations or exceptions to measures implementing the provisions of paragraphs 2 and 3. The obligations set forth in paragraphs 2 and 3 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under the law of a Party.
Article 20.10
Protection of rights management information
1.   For the purposes of this Article, 
rights management information
 means:
(a)
information that identifies the work, the performance, or the phonogram; the author of the work, the performer of the performance, or the producer of the phonogram; or the owner of any right in the work, performance, or phonogram;
(b)
information about the terms and conditions of use of the work, performance, or phonogram; or
(c)
any numbers or codes that represent the information described in (a) and (b) above;
when any of these items of information is attached to a copy of a work, performance, or phonogram, or appears in connection with the communication or making available of a work, performance, or phonogram to the public.
2.   To protect electronic rights management information, each Party shall provide adequate legal protection and effective legal remedies against any person knowingly performing, without authority, any of the following acts knowing, or having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any copyright or related rights:
(a)
to remove or alter any electronic rights management information; or
(b)
to distribute, import for distribution, broadcast, communicate, or make available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.
3.   In providing adequate legal protection and effective legal remedies pursuant to paragraph 2, a Party may adopt or maintain appropriate limitations or exceptions to measures implementing paragraph 2. The obligations set forth in paragraph 2 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under the law of a Party.
Article 20.11
Liability of intermediary service providers
1.   Subject to the other paragraphs of this Article, each Party shall provide limitations or exceptions in its law regarding the liability of service providers, when acting as intermediaries, for infringements of copyright or related rights that take place on or through communication networks, in relation to the provision or use of their services.
2.   The limitations or exceptions referred to in paragraph 1:
(a)
shall cover at least the following functions:
(i)
hosting of the information at the request of a user of the hosting services;
(ii)
caching carried out through an automated process, when the service provider:
(A)
does not modify the information other than for technical reasons;
(B)
ensures that any directions related to the caching of the information that are specified in a manner widely recognised and used by industry are complied with; and
(C)
does not interfere with the use of technology that is lawful and widely recognised and used by the industry in order to obtain data on the use of the information; and
(iii)
mere conduit, which consists of the provision of the means to transmit information provided by a user, or the means of access to a communication network; and
(b)
may also cover other functions, including providing an information location tool, by making reproductions of copyright material in an automated manner, and communicating the reproductions.
3.   The eligibility for the limitations or exceptions referred to in this Article may not be conditioned on the service provider monitoring its service, or affirmatively seeking facts indicating infringing activity.
4.   Each Party may prescribe in its domestic law, conditions for service providers to qualify for the limitations or exceptions in this Article. Without prejudice to the above, each Party may establish appropriate procedures for effective notifications of claimed infringement, and effective counter-notifications by those whose material is removed or disabled through mistake or misidentification.
5.   This Article is without prejudice to the availability in the law of a Party of other defences, limitations and exceptions to the infringement of copyright or related rights. This Article shall not affect the possibility of a court or administrative authority, in accordance with the legal system of a Party, of requiring the service provider to terminate or prevent an infringement.
Article 20.12
Camcording
Each Party may provide for criminal procedures and penalties to be applied in accordance with its laws and regulations against a person who, without authorisation of the theatre manager or the holder of the copyright in a cinematographic work, makes a copy of that work or any part thereof, from a performance of the work in a motion picture exhibition facility open to the public.
Sub-section B
Trademarks
Article 20.13
International agreements
Each Party shall make all reasonable efforts to comply with Articles 1 through 22 of the 
Singapore Treaty on the Law of Trademarks
, done at Singapore on 27 March 2006, and to accede to the 
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
, done at Madrid on 27 June 1989.
Article 20.14
Registration procedure
Each Party shall provide for a system for the registration of trademarks in which reasons for the refusal to register a trademark are communicated in writing to the applicant, who will have the opportunity to contest that refusal and to appeal a final refusal to a judicial authority. Each Party shall provide for the possibility of filing oppositions either against trademark applications or against trademark registrations. Each Party shall provide a publicly available electronic database of trademark applications and trademark registrations.
Article 20.15
Exceptions to the rights conferred by a trademark
Each Party shall provide for the fair use of descriptive terms, including terms descriptive of geographical origin, as a limited exception to the rights conferred by a trademark. In determining what constitutes fair use, account shall be taken of the legitimate interests of the owner of the trademark and of third parties. Each Party may provide other limited exceptions, provided that these exceptions take account of the legitimate interests of the owner of the trademark and of third parties.
Sub-section C
Geographical Indications
Article 20.16
Definitions
For the purposes of this Sub-section:
geographical indication
 means an indication which identifies an agricultural product or foodstuff 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 product is essentially attributable to its geographical origin; and
product class
 means a product class listed in Annex 20-C.
Article 20.17
Scope
This Sub-section applies to geographical indications identifying products falling within one of the product classes listed in Annex 20-C.
Article 20.18
Listed geographical indications
For the purposes of this Sub-section:
(a)
the indications listed in Part A of Annex 20-A are geographical indications which identify a product as originating in the territory of the European Union or a region or locality in that territory; and
(b)
the indications listed in Part B of Annex 20-A are geographical indications which identify a product as originating in the territory of Canada or a region or locality in that territory.
Article 20.19
Protection for geographical indications listed in Annex 20-A
1.   Having examined the geographical indications of the other Party, each Party shall protect them according to the level of protection set out in this Sub-section.
2.   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 20-A for a product that falls within the product class specified in Annex 20-A for that geographical indication and that either:
(i)
does not originate in the place of origin specified in Annex 20-A for that geographical indication; or
(ii)
does originate in the place of origin specified in Annex 20-A 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 product 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 for the Protection of Industrial Property
 (1967) done at Stockholm on 14 July 1967.
3.   The protection referred to in subparagraph 2(a) shall be provided even where the true origin of the product is indicated or the geographical indication is used in translation or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like.
4.   Each Party shall provide for enforcement by administrative action, to the extent provided for by its law, to prohibit a person from manufacturing, preparing, packaging, labelling, selling or importing or advertising a food commodity in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its origin.
5.   In accordance with paragraph 4, each Party will provide for administrative action in respect of complaints related to the labelling of products, including their presentation, in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding their origin.
6.   The registration of a trademark which contains or consists of a geographical indication of the other Party listed in Annex 20-A shall be refused or invalidated, 
ex officio
 if a Party's legislation so permits or at the request of an interested party, with respect to a product that falls within the product class specified in Annex 20-A for that geographical indication and that does not originate in the place of origin specified in Annex 20-A for that geographical indication.
7.   There shall be no obligation under this Sub-section to protect geographical indications which are not or cease to be protected in their place of origin, or which have fallen into disuse in that place. If a geographical indication of a Party listed in Annex 20-A ceases to be protected in its place of origin or falls into disuse in that place, that Party shall notify the other Party and request cancellation.
Article 20.20
Homonymous geographical indications
1.   In the case of homonymous geographical indications of the Parties for products falling within the same product class, each Party shall determine the practical conditions under which the homonymous indications in question 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.
2.   If a Party, in the context of negotiations with a third country, proposes to protect a geographical indication identifying a product originating in the third country, if that indication is homonymous with a geographical indication of the other Party listed in Annex 20-A and if that product falls within the product class specified in Annex 20-A for the homonymous geographical indication of the other Party, the other Party shall be informed and be given the opportunity to comment before the geographical indication becomes protected.
Article 20.21
Exceptions
1.   Notwithstanding Articles 20.19.2 and 20.19.3, Canada shall not be required to provide the legal means for interested parties to prevent the use of the terms listed in Part A of Annex 20-A and identified by one asterisk 
(
28
)
 when the use of such terms is accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like and is in combination with a legible and visible indication of the geographical origin of the product concerned.
2.   Notwithstanding Articles 20.19.2 and 20.19.3, the protection of the geographical indications listed in Part A of Annex 20-A and identified by one asterisk 
(
29
)
 shall not prevent the use in the territory of Canada of any of these indications by any persons, including their successors and assignees, who made commercial use of those indications with regard to products in the class of ‘cheeses’ preceding the date of 18 October 2013.
3.   Notwithstanding Articles 20.19.2 and 20.19.3, the protection of the geographical indications listed in Part A of Annex 20-A and identified by two asterisks shall not prevent the use of this indication by any persons, including their successors and assignees, who made commercial use of this indication with regard to products in the class of ‘fresh, frozen and processed meats’ for at least five years preceding the date of 18 October 2013. A transitional period of five years from the entry into force of this Article, during which the use of the above indication shall not be prevented, shall apply to any other persons, including their successors and assignees, who made commercial use of those indications with regard to products in the class of ‘fresh, frozen and processed meats’, for less than five years preceding the date of 18 October 2013.
4.   Notwithstanding Articles 20.19.2 and 20.19.3, the protection of the geographical indications listed in Part A of Annex 20-A and identified by three asterisks shall not prevent the use of those indications by any persons, including their successors and assignees, who made commercial use of those indications with regard to products in the classes of ‘dry-cured meats’ and ‘cheeses’, respectively, for at least ten years preceding the date of 18 October 2013. A transitional period of five years from the entry into force of this Article, during which the use of the above indications shall not be prevented, shall apply to any other persons, including their successors and assignees, who made commercial use of those indications with regard to products in the class of ‘dry-cured meats’ and ‘cheeses’, respectively, for less than ten years preceding the date of 18 October 2013.
5.   If a trademark has been applied for or registered in good faith, or if rights to a trademark have been acquired through use in good faith, in a Party before the applicable date set out in paragraph 6, measures adopted to implement this Sub-section in that Party shall not prejudice the eligibility for or the validity of the registration of the trademark, or the right to use the trademark, on the basis that the trademark is identical with, or similar to, a geographical indication.
6.   For the purposes of paragraph 5 the applicable date is:
(a)
in respect of a geographical indication listed in Annex 20-A on the date of signing of this Agreement, the date of coming into force of this Sub-section; or
(b)
in respect of a geographical indication added to Annex 20-A after the date of signing of this Agreement pursuant to Article 20.22, the date on which the geographical indication is added.
7.   If a translation of a geographical indication is identical with or contains within it a term customary in common language as the common name for a product in the territory of a Party, or if a geographical indication is not identical with but contains within it such a term, the provisions of this Sub-section shall not prejudice the right of any person to use that term in association with that product in the territory of that Party.
8.   Nothing shall prevent the use in the territory of a Party, with respect to any product, 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 Sub-section.
9.   A Party may provide that any request made under this Sub-section in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Party or after the date of registration of the trademark in that Party provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in that Party, provided that the geographical indication is not used or registered in bad faith.
10.   The provisions of this Sub-section shall not prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.
11.
(a)
The provisions of this Sub-section shall not prejudice the right of any person to use, or to register in Canada a trademark containing or consisting of, any of the terms listed in Part A of Annex 20-B; and
(b)
Subparagraph (a) does not apply to the terms listed in Part A of Annex 20-B in respect of any use that would mislead the public as to the geographical origin of the goods.
12.   The use in Canada of the terms listed in Part B of Annex 20-B shall not be subject to the provisions of this Sub-section.
13.   An assignment as referred to in paragraphs 2 through 4 does not include the transfer of the right to use a geographical indication on its own.
Article 20.22
Amendments to Annex 20-A
1.   The CETA Joint Committee, established under Article 26.1 (The CETA Joint Committee), acting by consensus and on a recommendation by the CETA Committee on Geographical Indications, may decide to amend Annex 20-A by adding geographical indications or by removing geographical indications which have ceased to be protected or have fallen into disuse in their place of origin.
2.   A geographical indication shall not in principle be added to Part A of Annex 20-A, if it is a name that on the date of the signing of this Agreement is listed in the relevant Register of the European Union with a status of ‘Registered’, in respect of a Member State of the European Union.
3.   A geographical indication identifying a product originating in a particular Party shall not be added to Annex 20-A:
(a)
if it is identical to a trademark that has been registered in the other Party in respect of the same or similar products, or to a trademark in respect of which in the other Party rights have been acquired through use in good faith and an application has been filed in respect of the same or similar products;
(b)
if it is identical to the customary name of a plant variety or an animal breed existing in the other Party; or
(c)
if it is identical with the term customary in common language as the common name for such product in the other Party.
Article 20.23
Other protection
The provisions of this Sub-section are without prejudice to the right to seek recognition and protection of a geographical indication under the relevant law of a Party.
Sub-section D
Designs
Article 20.24
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
, done at Geneva on 2 July 1999.
Article 20.25
Relationship to copyright
The subject matter of a design right may be protected under copyright law if the conditions for this protection are met. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Party.
Sub-section E
Patents
Article 20.26
International agreements
Each Party shall make all reasonable efforts to comply with Articles 1 through 14 and Article 22 of the 
Patent Law Treaty
, done at Geneva on 1 June 2000.
Article 20.27
Sui generis
 protection for pharmaceuticals
1.   For the purposes of this Article:
basic patent
 means a patent which protects a product as such, a process to obtain a product or an application of a product, and which has been designated by the holder of a patent that may serve as a basic patent, as the basic patent for the purpose of the granting of 
sui generis
 protection; and
product
 means the active ingredient or combination of active ingredients of a pharmaceutical product.
2.   Each Party shall provide a period of 
sui generis
 protection in respect of a product that is protected by a basic patent in force at the request of the holder of the patent or his successor in title, provided the following conditions have been met:
(a)
an authorisation has been granted to place the product on the market of that Party as a pharmaceutical product (referred to as ‘marketing authorisation’ in this Article);
(b)
the product has not already been the subject of a period of sui generis protection; and
(c)
the marketing authorisation referred to in subparagraph (a) is the first authorisation to place the product on the market of that Party as a pharmaceutical product.
3.   Each Party may:
(a)
provide a period of 
sui generis
 protection only if the first application for the marketing authorisation is submitted within a reasonable time limit prescribed by that Party; and
(b)
prescribe a time limit of no less than 60 days from the date on which the first marketing authorisation was granted for the submission of the request for the period of 
sui generis
 protection. However, where the first marketing authorisation is granted before the patent is granted, each Party will provide a period of at least 60 days from the grant of the patent during which the request for a period of protection under this Article may be submitted.
4.   In the case where a product is protected by one basic patent, the period of 
sui generis
 protection shall take effect at the end of the lawful term of that patent.
In the case where a product is protected by more than one patent that may serve as a basic patent, a Party may provide for only a single period of 
sui generis
 protection, which takes effect at the end of the lawful term of the basic patent,
(a)
in the case where all the patents that may serve as a basic patent are held by the same person, selected by the person requesting the period of 
sui generis
 protection; and
(b)
in the case where the patents that may serve as a basic patent are not held by the same person and this gives rise to conflicting requests for the 
sui generis
 protection, selected by agreement between the patent holders.
5.   Each Party shall provide that the period of 
sui generis
 protection be for a period equal to the period which elapsed between the date on which the application for the basic patent was filed and the date of the first marketing authorisation, reduced by a period of five years.
6.   Notwithstanding paragraph 5 and without prejudice to a possible extension of the period of 
sui generis
 protection by a Party as an incentive or a reward for research in certain target populations, such as children, the duration of the 
sui generis
 protection may not exceed a period of two to five years, to be established by each Party.
7.   Each Party may provide that the period of 
sui generis
 protection shall lapse:
(a)
if the 
sui generis
 protection is surrendered by the beneficiary; or
(b)
if any prescribed administrative fees are not paid.
Each Party may reduce the period of 
sui generis
 protection commensurate with any unjustified delays resulting from the inactions of the applicant after applying for the market authorisation, when the holder of the basic patent is the applicant for market authorisation or an entity related to it.
8.   Within the limits of the protection conferred by the basic patent, the 
sui generis
 protection shall extend only to the pharmaceutical product covered by the marketing authorisation and for any use of that product as a pharmaceutical product that has been authorised before the expiry of the 
sui generis
 protection. Subject to the preceding sentence, the 
sui generis
 protection shall confer the same rights as conferred by the patent and shall be subject to the same limitations and obligations.
9.   Notwithstanding paragraphs 1 through 8, each Party may also limit the scope of the protection by providing exceptions for the making, using, offering for sale, selling or importing of products for the purpose of export during the period of protection.
10.   Each Party may revoke the 
sui generis
 protection on grounds relating to invalidity of the basic patent, including if that patent has lapsed before its lawful term expires or is revoked or limited to the extent that the product for which the protection was granted would no longer be protected by the claims of the basic patent, or on grounds relating to the withdrawal of the marketing authorisation or authorisations for the respective market, or if the protection was granted contrary to the provisions of paragraph 2.
Article 20.28
Patent linkage mechanisms relating to pharmaceutical products
If a Party relies on ‘patent linkage’ mechanisms whereby the granting of marketing authorisations (or notices of compliance or similar concepts) for generic pharmaceutical products is linked to the existence of patent protection, it shall ensure that all litigants are afforded equivalent and effective rights of appeal.
Sub-section F
Data Protection
Article 20.29
Protection of undisclosed data related to pharmaceutical products
1.   If a Party requires, as a condition for authorising the marketing of pharmaceutical products that utilise new chemical entities 
(
30
)
 (referred to as ‘authorisation’ in this Article) the submission of undisclosed test or other data necessary to determine whether the use of those products is safe and effective, the Party shall protect such data against disclosure, if the origination of such data involves considerable effort, except where the disclosure is necessary to protect the public or unless steps are taken to ensure that the data are protected against unfair commercial use.
2.   Each Party shall provide that for data subject to paragraph 1 that are submitted to the Party after the date of entry into force of this Agreement:
(a)
no person other than the person who submitted them may, without the latter's permission, rely on such data in support of an application for an authorisation during a period of not less than six years from the date on which the Party granted authorisation to the person that produced the data for authorisation; and
(b)
a Party shall not grant an authorisation to any person who relies on such data during a period of not less than eight years from the date on which the Party granted the authorisation to the person that produced the data for the authorisation, unless the person that produced these data provides permission.
Subject to this paragraph, 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 20.30
Protection of data related to plant protection products
1.   Each Party shall determine safety and efficacy requirements before authorising the placing on the market of a plant protection product (referred to as ‘authorisation’ in this Article).
2.   Each Party shall provide a limited period of data protection for a test or study report submitted for the first time to obtain an authorisation. During such period, each Party shall provide that the test or study report will not be used for the benefit of any other person aiming to obtain an authorisation, except when the explicit consent of the first authorisation holder is proved.
3.   The test or study report should be necessary for the authorisation or for an amendment of an authorisation in order to allow the use on other crops.
4.   In each Party, the period of data protection shall be at least ten years starting at the date of the first authorisation in that Party with respect to the test or study report supporting the authorisation of a new active ingredient and data supporting the concurrent registration of the end-use product containing the active ingredient. The duration of protection may be extended in order to encourage the authorisation of low-risk plant protection products and minor uses.
5.   Each Party may also establish data protection requirements or financial compensation requirements for the test or study report supporting the amendment or renewal of an authorisation.
6.   Each Party shall establish rules to avoid duplicative testing on vertebrate animals. Any applicant intending to perform tests and studies involving vertebrate animals should be encouraged to take the necessary measures to verify that those tests and studies have not already been performed or initiated.
7.   Each Party should encourage each new applicant and each holder of the relevant authorisations to make every effort to ensure that they share tests and studies involving vertebrate animals. The costs of sharing such test and study reports shall be determined in a fair, transparent and non-discriminatory way. An applicant is only required to share in the costs of information that the applicant is required to submit to meet the authorisation requirements.
8.   The holder or holders of the relevant authorisation shall have a right to be compensated for a fair share of the costs incurred by them in respect of the test or study report that supported such authorisation by an applicant relying on such test and study reports to obtain an authorisation for a new plant protection product. Each Party may direct the parties involved to resolve any issue by binding arbitration administered under its law.
Sub-section G
Plant Varieties
Article 20.31
Plant varieties
Each Party shall co-operate to promote and reinforce the protection of plant varieties on the basis of the 1991 Act of the 
International Convention for the Protection of New Varieties of Plants
, done at Paris on 2 December 1961.
Section C
Enforcement of Intellectual Property Rights
Article 20.32
General obligations
1.   Each Party shall ensure that procedures for the enforcement of intellectual property rights are fair and equitable, and are not unnecessarily complicated or costly, nor entail unreasonable time-limits or unwarranted delays. These procedures 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.
2.   In implementing the provisions of this Section, each Party shall take into account the need for proportionality between the seriousness of the infringement, the interests of third parties, and the applicable measures, remedies and penalties.
3.   Articles 20.33 through 20.42 relate to civil enforcement.
4.   For the purposes of Articles 20.33 through 20.42, unless otherwise provided, 
intellectual property rights
 means all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the TRIPS Agreement.
Article 20.33
Entitled applicants
Each Party shall recognise as persons entitled to seek application of the procedures and remedies referred to in Articles 20.34 through 20.42:
(a)
the holders of intellectual property rights in accordance with the provisions of its law;
(b)
all other persons authorised to use those rights, if those persons are entitled to seek relief in accordance with its law;
(c)
intellectual property collective rights management bodies that are regularly recognised as having a right to represent holders of intellectual property rights, if those bodies are entitled to seek relief in accordance with its law; and
(d)
professional defence bodies that are regularly recognised as having a right to represent holders of intellectual property rights, if those bodies are entitled to seek relief in accordance with its law.
Article 20.34
Evidence
Each Party shall ensure that, in the case of an alleged infringement of an intellectual property right committed on a commercial scale, the judicial authorities shall have the authority to order, if appropriate and following an application, the production of relevant information, as provided for in its law, including banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.
Article 20.35
Measures for preserving evidence
1.   Each Party shall ensure that, even before the commencement of proceedings on the merits of the case, the judicial authorities may, on application by an entity that has presented reasonably available evidence to support its claims that its intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.
2.   Each Party may provide that the measures referred to in paragraph 1 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. The judicial authorities shall have the authority to take those measures, if necessary without the other party being heard, in particular where any delay is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed.
Article 20.36
Right of information
Without prejudice to its law governing privilege, the protection of confidentiality of information sources or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities shall have the authority, upon a justified request of the right holder, to order the infringer or the alleged infringer, to provide to the right holder or to the judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations that the infringer or alleged infringer possesses or controls. This information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of those goods or services and of their channels of distribution.
Article 20.37
Provisional and precautionary measures
1.   Each Party shall provide that its judicial authorities have the authority to order prompt and effective provisional and precautionary measures, including an interlocutory injunction, against a party, or where appropriate, against a third party over whom the relevant judicial authority exercises jurisdiction, to prevent an infringement of an intellectual property right from occurring, and in particular, to prevent infringing goods from entering into the channels of commerce.
2.   Each Party shall provide that its judicial authorities have the authority to order the seizure or other taking into custody of the 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 of an intellectual property right committed on a commercial scale, the judicial authorities may order, in accordance with its law, the precautionary seizure of property of the alleged infringer, including the blocking of its bank accounts and other assets. To that end, the judicial authorities may order the communication of relevant bank, financial or commercial documents, or access to other relevant information, as appropriate.
Article 20.38
Other remedies
1.   Each Party shall ensure that the judicial authorities may order, at the 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 definitive removal from the channels of commerce, or the destruction, of goods that they have found to be infringing an intellectual property right. Each Party shall ensure that the judicial authorities may order, if appropriate, destruction of materials and implements predominantly used in the creation or manufacture of those goods. In considering a request for such 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.
2.   Each Party shall ensure that the judicial authorities have the authority to order that the remedies referred to in paragraph 1 shall be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
Article 20.39
Injunctions
1.   Each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities have the authority to issue an order against a party to desist from an infringement, and among other things, an order to that party, or, where appropriate, to a third party over whom the relevant judicial authority exercises jurisdiction, to prevent infringing goods from entering into the channels of commerce.
2.   Notwithstanding the other provisions of this Section, a Party may limit the remedies available against use by government, or by third parties authorised by government, without the use of authorisation of the right holders to the payment of remuneration provided that the Party complies with the provisions of Part II of the TRIPS Agreement specifically addressing such use. In other cases, the remedies under this Section shall apply or, where these remedies are inconsistent with a Party's law, declaratory judgments and adequate compensation shall be available.
Article 20.40
Damages
1.   Each Party shall provide that:
(a)
in civil judicial proceedings, its judicial authorities have the authority to order the infringer who knowingly or with reasonable grounds to know, engaged in infringing activity of intellectual property rights to pay the right holder:
(i)
damages adequate to compensate for the injury the right holder has suffered as a result of the infringement; or
(ii)
the profits of the infringer that are attributable to the infringement, which may be presumed to be the amount of damages referred to in paragraph (i); and
(b)
in determining the amount of damages for infringements of intellectual property rights, its judicial authorities may consider, among other things, any legitimate measure of value that may be submitted by the right holder, including lost profits.
2.   As an alternative to paragraph 1, a Party's law may provide for the payment of remuneration, such as a royalty or fee, to compensate a right holder for the unauthorised use of the right holder's intellectual property.
Article 20.41
Legal costs
Each Party shall provide that its judicial authorities, where appropriate, have the authority to order, at the conclusion of civil judicial proceedings concerning the enforcement of intellectual property rights, that the prevailing party be awarded payment by the losing party of legal costs and other expenses, as provided for under that Party's law.
Article 20.42
Presumption of authorship or ownership
1.   For the purposes of civil proceedings involving copyright or related rights, 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 that author to be regarded as such, and consequently to be entitled to institute infringement proceedings, unless there is proof to the contrary. Proof to the contrary may include registration.
2.   Paragraph 1 shall apply 
mutatis mutandis
 to the holders of related rights with regard to the protected subject matter of such rights.
Section D
Border Measures
Article 20.43
Scope of border measures
1.   For the purposes of this Section:
counterfeit geographical indication goods
 means any goods under Article 20.17 falling within one of the product classes listed in Annex 20-C, including packaging, bearing without authorisation, a geographical indication which is identical to the geographical indication validly registered or otherwise protected in respect of such goods and which infringes the rights of the owner or right holder of the geographical indication in question under the law of the Party in which the border measure procedures are applied;
counterfeit trademark goods
 means any goods, including packaging, bearing, without authorisation, a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which infringes the rights of the owner of the trademark in question under the law of the Party in which the border measure procedures are applied;
export shipments
 means shipments of goods which are to be taken from the territory of a Party to a place outside that territory, excluding shipments in customs transit and transhipments;
import shipments
 means shipments of goods brought into the territory of a Party from a place outside that territory, while those goods remain under customs control, including goods brought into the territory to a free zone or customs warehouse, but excludes shipments in customs transit and transhipments;
pirated copyright goods
 means any goods which are copies made without the consent of the right holder or person duly authorised by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party in which the border measure procedures are applied;
shipments in customs transit
 means shipments of goods that enter the territory of a Party from a place outside that territory and are authorised by customs authorities for transport under continuous customs control from an office of entry to an office of exit, for the purpose of exiting the territory. Shipments in customs transit that are subsequently approved for removal from customs control without exiting the territory are considered to be import shipments; and
transhipments
 means shipments of goods that are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one customs office which is the office of both importation and exportation.
2.   The references to the infringement of intellectual property rights in this Section shall be interpreted as referring to instances of counterfeit trademark goods, pirated copyright goods or counterfeit geographical indication goods.
3.   It is the understanding of the Parties that there shall be no obligation to apply the procedures set forth in this Section to goods put on the market in another country by or with the consent of the right holder.
4.   Each Party shall adopt or maintain procedures with respect to import and export shipments under which a right holder may request its competent authorities to suspend the release of, or detain, goods suspected of infringing an intellectual property right.
5.   Each Party shall adopt or maintain procedures with respect to import and export shipments under which its competent authorities may act on their own initiative to temporarily suspend the release of, or detain, goods suspected of infringing an intellectual property right, in order to provide an opportunity to right holders to formally request assistance under paragraph 4.
6.   Each Party may enter into an arrangement with one or more third countries to establish common security customs clearance procedures. Goods cleared pursuant to the terms of the common customs procedures of such an arrangement shall be deemed to be in compliance with paragraphs 4 and 5, provided the Party concerned retains the legal authority to comply with these paragraphs.
7.   Each Party may adopt or maintain the procedures referred to in paragraphs 4 and 5 with respect to transhipments and shipments in customs transit.
8.   Each Party may exclude from the application of this Article small quantities of goods of a non-commercial nature contained in travellers' personal luggage or small quantities of goods of a non-commercial nature sent in small consignments.
Article 20.44
Application by the right holder
1.   Each Party shall provide that its competent authorities require a right holder who requests the procedures described in Article 20.43 to provide adequate evidence to satisfy the competent authorities that, under the law of the Party providing the procedures, there is 
prima facie
 an infringement of the right holder's intellectual property right, and to supply sufficient information that may reasonably be expected to be within the right holder's knowledge to make the suspect goods reasonably recognisable by the competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to the procedures described in Article 20.43.
2.   Each Party shall provide for applications to suspend the release of, or to detain, goods suspected of infringing an intellectual property right listed in Article 20.43, under customs control in its territory. The requirement to provide for such applications is subject to the obligations to provide procedures referred to in Articles 20.43.4 and 20.43.5. The competent authorities may provide for such applications to apply to multiple shipments. Each Party may provide that, at the request of the right holder, the application to suspend the release of, or to detain, suspect goods may apply to selected points of entry and exit under customs control.
3.   Each Party shall ensure that its competent authorities inform the applicant within a reasonable period whether they have accepted the application. Where its competent authorities have accepted the application, they shall also inform the applicant of the period of validity of the application.
4.   Each Party may provide that, where the applicant has abused the procedures described in Article 20.43, or where there is due cause, its competent authorities have the authority to deny, suspend, or void an application.
Article 20.45
Provision of information from the right holder
Each Party shall permit its competent authorities to request a right holder to supply relevant information that may reasonably be expected to be within the right holder's knowledge to assist the competent authorities in taking the border measures referred to in this Section. Each Party may also allow a right holder to supply such information to its competent authorities.
Article 20.46
Security or equivalent assurance
1.   Each Party shall provide that its competent authorities have the authority to require a right holder who requests the procedures described in Article 20.43 to provide reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Each Party shall provide that such security or equivalent assurance shall not unreasonably deter recourse to these procedures.
2.   Each Party may provide that such security may be in the form of a bond conditioned to hold the defendant harmless from any loss or damage resulting from any suspension of the release of, or detention of, the goods in the event the competent authorities determine that the goods are not infringing. A Party may, only in exceptional circumstances or pursuant to a judicial order, permit the defendant to obtain possession of suspect goods by posting a bond or other security.
Article 20.47
Determination as to infringement
Each Party shall adopt or maintain procedures by which its competent authorities may determine, within a reasonable period after the initiation of the procedures described in Article 20.43, whether the suspect goods infringe an intellectual property right.
Article 20.48
Remedies
1.   Each Party shall provide that its competent authorities have the authority to order the destruction of goods following a determination referred to in Article 20.47 that the goods are infringing. In cases where such goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, such goods are disposed of outside the channels of commerce, in such a manner as to avoid any harm to the right holder.
2.   In respect of counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce.
3.   Each Party may provide that its competent authorities have the authority to impose administrative penalties following a determination referred to in Article 20.47 that the goods are infringing.
Article 20.49
Specific cooperation in the area of border measures
1.   Each Party agrees to cooperate with the other Party with a view to eliminating international trade in goods infringing intellectual property rights. For this purpose, each Party shall establish contact points in its administration and be ready to exchange information on trade in infringing goods. Each Party shall, in particular, promote the exchange of information and cooperation between its customs authorities and those of the other Party with regard to trade in goods infringing intellectual property rights.
2.   The cooperation referred to in paragraph 1 may include exchanges of information regarding mechanisms for receiving information from rights holders, best practices, and experiences with risk management strategies, as well as information to aid in the identification of shipments suspected of containing infringing goods.
3.   The cooperation under this Section shall be conducted consistent with relevant international agreements that are binding on both Parties. The Joint Customs Cooperation Committee referred to in Article 6.14 (Joint Customs Cooperation Committee) will set the priorities and provide for the adequate procedures for cooperation under this Section between the competent authorities of the Parties.
Section E
Co-operation
Article 20.50
Co-operation
1.   Each Party agrees to co-operate with the other Party with a view to supporting the implementation of the commitments and obligations undertaken under this Chapter. Areas of co-operation include exchanges of information or experience on the following:
(a)
the protection and enforcement of intellectual property rights, including geographical indications; and
(b)
the establishment of arrangements between their respective collecting societies.
2.   Pursuant to paragraph 1, each Party agrees to establish and maintain an effective dialogue on intellectual property issues to address topics relevant to the protection and enforcement of intellectual property rights covered by this Chapter, and any other relevant issue.
CHAPTER TWENTY-ONE
Regulatory cooperation
Article 21.1
Scope
This Chapter applies to the development, review and methodological aspects of regulatory measures of the Parties' regulatory authorities that are covered by, among others, the TBT Agreement, the SPS Agreement, the GATT 1994, the GATS, and Chapters Four (Technical Barriers to Trade), Five (Sanitary and Phytosanitary Measures), Nine (Cross-Border Trade in Services), Twenty-Two (Trade and Sustainable Development), Twenty-Three (Trade and Labour) and Twenty-Four (Trade and Environment).
Article 21.2
Principles
1.   The Parties reaffirm their rights and obligations with respect to regulatory measures under the TBT Agreement, the SPS Agreement, the GATT 1994 and the GATS.
2.   The Parties are committed to ensure high levels of protection for human, animal and plant life or health, and the environment in accordance with the TBT Agreement, the SPS Agreement, the GATT 1994, the GATS, and this Agreement.
3.   The Parties recognise the value of regulatory cooperation with their relevant trading partners both bilaterally and multilaterally. The Parties will, whenever practicable and mutually beneficial, approach regulatory cooperation in a way that is open to participation by other international trading partners.
4.   Without limiting the ability of each Party to carry out its regulatory, legislative and policy activities, the Parties are committed to further develop regulatory cooperation in light of their mutual interest in order to:
(a)
prevent and eliminate unnecessary barriers to trade and investment;
(b)
enhance the climate for competitiveness and innovation, including by pursuing regulatory compatibility, recognition of equivalence, and convergence; and
(c)
promote transparent, efficient and effective regulatory processes that support public policy objectives and fulfil the mandates of regulatory bodies, including through the promotion of information exchange and enhanced use of best practices.
5.   This Chapter replaces the Framework on Regulatory Co-operation and Transparency between the Government of Canada and the European Commission, done at Brussels on 21 December 2004, and governs the activities previously undertaken in the context of that Framework.
6.   The Parties may undertake regulatory cooperation activities on a voluntary basis. For greater certainty, a Party is not required to enter into any particular regulatory cooperation activity, and may refuse to cooperate or may withdraw from cooperation. However, if a Party refuses to initiate regulatory cooperation or withdraws from cooperation, it should be prepared to explain the reasons for its decision to the other Party.
Article 21.3
Objectives of regulatory cooperation
The objectives of regulatory cooperation include to:
(a)
contribute to the protection of human life, health or safety, animal or plant life or health and the environment by:
(i)
leveraging international resources in areas such as research, pre-market review and risk analysis to address important regulatory issues of local, national and international concern; and
(ii)
contributing to the base of information used by regulatory departments to identify, assess and manage risks;
(b)
build trust, deepen mutual understanding of regulatory governance and obtain from each other the benefit of expertise and perspectives in order to:
(i)
improve the planning and development of regulatory proposals;
(ii)
promote transparency and predictability in the development and establishment of regulations;
(iii)
enhance the efficacy of regulations;
(iv)
identify alternative instruments;
(v)
recognise the associated impacts of regulations;
(vi)
avoid unnecessary regulatory differences; and
(vii)
improve regulatory implementation and compliance;
(c)
facilitate bilateral trade and investment in a way that:
(i)
builds on existing cooperative arrangements;
(ii)
reduces unnecessary differences in regulation; and
(iii)
identifies new ways of working for cooperation in specific sectors;
(d)
contribute to the improvement of competitiveness and efficiency of industry in a way that:
(i)
minimises administrative costs whenever possible;
(ii)
reduces duplicative regulatory requirements and consequential compliance costs whenever possible; and
(iii)
pursues compatible regulatory approaches including, if possible and appropriate, through:
(A)
the application of regulatory approaches which are technology-neutral; and
(B)
the recognition of equivalence or the promotion of convergence.
Article 21.4
Regulatory cooperation activities
The Parties endeavour to fulfil the objectives set out in Article 21.3 by undertaking regulatory cooperation activities that may include:
(a)
engaging in ongoing bilateral discussions on regulatory governance, including to:
(i)
discuss regulatory reform and its effects on the Parties' relationship;
(ii)
identify lessons learned;
(iii)
explore, if appropriate, alternative approaches to regulation; and
(iv)
exchange experiences with regulatory tools and instruments, including regulatory impact assessments, risk assessment and compliance and enforcement strategies;
(b)
consulting with each other, as appropriate, and exchanging information throughout the regulatory development process. This consultation and exchange should begin as early as possible in that process;
(c)
sharing non-public information to the extent that this information may be made available to foreign governments in accordance with the applicable rules of the Party providing the information;
(d)
sharing proposed technical or sanitary and phytosanitary regulations that may have an impact on trade with the other Party at the earliest stage possible so that comments and proposals for amendments may be taken into account;
(e)
providing, upon request by the other Party, a copy of the proposed regulation, subject to applicable privacy law, and allow sufficient time for interested parties to provide comments in writing;
(f)
exchanging information about contemplated regulatory actions, measures or amendments under consideration, at the earliest stage possible, in order to:
(i)
understand the rationale behind a Party's regulatory choices, including the instrument choice, and examine the possibilities for greater convergence between the Parties on how to state the objectives of regulations and how to define their scope. The Parties should also address the interface between regulations, standards and conformity assessment in this context; and
(ii)
compare methods and assumptions used to analyse regulatory proposals, including, when appropriate, an analysis of technical or economic practicability and the benefits in relation to the objective pursued of any major alternative regulatory requirements or approaches considered. This information exchange may also include compliance strategies and impact assessments, including a comparison of the potential cost-effectiveness of the regulatory proposal to that of major alternative regulatory requirements or approaches considered;
(g)
examining opportunities to minimise unnecessary divergences in regulations through means such as:
(i)
conducting a concurrent or joint risk assessment and a regulatory impact assessment if practicable and mutually beneficial;
(ii)
achieving a harmonised, equivalent or compatible solution; or
(iii)
considering mutual recognition in specific cases;
(h)
cooperating on issues that concern the development, adoption, implementation and maintenance of international standards, guides and recommendations;
(i)
examining the appropriateness and possibility of collecting the same or similar data about the nature, extent and frequency of problems that may potentially give rise to regulatory action when it would expedite making statistically significant judgments about those problems;
(j)
periodically comparing data collection practices;
(k)
examining the appropriateness and the possibility of using the same or similar assumptions and methodologies that the other Party uses to analyse data and assess the underlying issues to be addressed through regulation in order to:
(i)
reduce differences in identifying issues; and
(ii)
promote similarity of results;
(l)
periodically comparing analytical assumptions and methodologies;
(m)
exchanging information on the administration, implementation and enforcement of regulations, as well as on the means to obtain and measure compliance;
(n)
conducting cooperative research agendas in order to:
(i)
reduce duplicative research;
(ii)
generate more information at less cost;
(iii)
gather the best data;
(iv)
establish, when appropriate, a common scientific basis;
(v)
address the most pressing regulatory problems in a more consistent and performance-oriented manner; and
(vi)
minimise unnecessary differences in new regulatory proposals while more effectively improving health, safety and environmental protection;
(o)
conducting post-implementation reviews of regulations or policies;
(p)
comparing methods and assumptions used in those post-implementation reviews;
(q)
when applicable, making available to each other summaries of the results of those post-implementation reviews;
(r)
identifying the appropriate approach to reduce adverse effects of existing regulatory differences on bilateral trade and investment in sectors identified by a Party, including, when appropriate, through greater convergence, mutual recognition, minimising the use of trade and investment distorting regulatory instruments, and the use of international standards, including standards and guides for conformity assessment; or
(s)
exchanging information, expertise and experience in the field of animal welfare in order to promote collaboration on animal welfare between the Parties.
Article 21.5
Compatibility of regulatory measures
With a view to enhancing convergence and compatibility between the regulatory measures of the Parties, each Party shall, when appropriate, consider the regulatory measures or initiatives of the other Party on the same or related topics. A Party is not prevented from adopting different regulatory measures or pursuing different initiatives for reasons including different institutional or legislative approaches, circumstances, values or priorities that are particular to that Party.
Article 21.6
The Regulatory Cooperation Forum
1.   A Regulatory Cooperation Forum (‘RCF’) is established, pursuant to Article 26.2.1(h) (Specialised committees), to facilitate and promote regulatory cooperation between the Parties in accordance with this Chapter.
2.   The RCF shall perform the following functions:
(a)
provide a forum to discuss regulatory policy issues of mutual interest that the Parties have identified through, among others, consultations conducted in accordance with Article 21.8;
(b)
assist individual regulators to identify potential partners for cooperation activities and provide them with appropriate tools for that purpose, such as model confidentiality agreements;
(c)
review regulatory initiatives, whether in progress or anticipated, that a Party considers may provide potential for cooperation. The reviews, which will be carried out in consultation with regulatory departments and agencies, should support the implementation of this Chapter; and
(d)
encourage the development of bilateral cooperation activities in accordance with Article 21.4 and, on the basis of information obtained from regulatory departments and agencies, review the progress, achievements and best practices of regulatory cooperation initiatives in specific sectors.
3.   The RCF shall be co-chaired by a senior representative of the Government of Canada at the level of a Deputy Minister, equivalent or designate, and a senior representative of the European Commission at the level of a Director General, equivalent or designate, and shall comprise relevant officials of each Party. The Parties may by mutual consent invite other interested parties to participate in the meetings of the RCF.
4.   The RCF shall:
(a)
adopt its terms of reference, procedures and work-plan at its first meeting after the entry into force of this Agreement;
(b)
meet within one year from the date of entry into force of this Agreement and at least annually thereafter, unless the Parties decide otherwise; and
(c)
report to the CETA Joint Committee on the implementation of this Chapter, as appropriate.
Article 21.7
Further cooperation between the Parties
1.   Pursuant to Article 21.6.2(c) and to enable monitoring of forthcoming regulatory projects and to identify opportunities for regulatory cooperation, the Parties shall periodically exchange information of ongoing or planned regulatory projects in their areas of responsibility. This information should include, if appropriate, new technical regulations and amendments to existing technical regulations that are likely to be proposed or adopted.
2.   The Parties may facilitate regulatory cooperation through the exchange of officials pursuant to a specified arrangement.
3.   The Parties endeavour to cooperate and to share information on a voluntary basis in the area of non-food product safety. This cooperation or exchange of information may in particular relate to:
(a)
scientific, technical, and regulatory matters, to help improve non-food product safety;
(b)
emerging issues of significant health and safety relevance that fall within the scope of a Party's authority;
(c)
standardisation related activities;
(d)
market surveillance and enforcement activities;
(e)
risk assessment methods and product testing; and
(f)
coordinated product recalls or other similar actions.
4.   The Parties may establish reciprocal exchange of information on the safety of consumer products and on preventive, restrictive and corrective measures taken. In particular, Canada may receive access to selected information from the European Union RAPEX alert system, or its successor, with respect to consumer products as referred to in Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety. The European Union may receive early warning information on restrictive measures and product recalls from Canada's consumer product incident reporting system, known as RADAR, or its successor, with respect to consumer products as defined in the 
Canada Consumer Product Safety Act
, S.C. 2010, c. 21 and cosmetics as defined in the 
Food and Drugs Act
, R.S.C. 1985, c. F-27. This reciprocal exchange of information shall be done on the basis of an arrangement setting out the measures referred to under paragraph 5.
5.   Before the Parties conduct the first exchange of information provided for under paragraph 4, they shall ensure that the Committee on Trade in Goods endorse the measures to implement these exchanges. The Parties shall ensure that these measures specify the type of information to be exchanged, the modalities for the exchange and the application of confidentiality and personal data protection rules.
6.   The Committee on Trade in Goods shall endorse the measures under paragraph 5 within one year from the date of entry into force of this Agreement unless the Parties decide to extend the date.
7.   The Parties may modify the measures referred to in paragraph 5. The Committee on Trade in Goods shall endorse any modification to the measures.
Article 21.8
Consultations with private entities
In order to gain non-governmental perspectives on matters that relate to the implementation of this Chapter, each Party or the Parties may consult, as appropriate, with stakeholders and interested parties, including representatives from academia, think-tanks, non-governmental organisations, businesses, consumer and other organisations. These consultations may be conducted by any means the Party or Parties deem appropriate.
Article 21.9
Contact points
1.   The contact points for communication between the Parties on matters arising under this Chapter are:
(a)
in the case of Canada, the Technical Barriers and Regulations Division of the Department of Foreign Affairs, Trade and Development, or its successor; and
(b)
in the case of the European Union, the International Affairs Unit of the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission, or its successor.
2.   Each contact point is responsible for consulting and coordinating with its respective regulatory departments and agencies, as appropriate, on matters arising under this Chapter.
CHAPTER TWENTY-TWO
Trade and sustainable development
Article 22.1
Context and objectives
1.   The Parties recall the Rio Declaration on Environment and Development of 1992, the Agenda 21 on Environment and Development of 1992, the Johannesburg Declaration on Sustainable Development of 2002 and the Plan of Implementation of the World Summit on Sustainable Development of 2002, the Ministerial Declaration of the United Nations Economic and Social Council on Creating an environment at the national and international levels conducive to generating full and productive employment and decent work for all, and its impact on sustainable development of 2006, and the ILO Declaration on Social Justice for a Fair Globalisation of 2008. The Parties recognise that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development, and reaffirm their commitment to promoting the development of international trade in such a way as to contribute to the objective of sustainable development, for the welfare of present and future generations.
2.   The Parties underline the benefit of considering trade-related labour and environmental issues as part of a global approach to trade and sustainable development. Accordingly, the Parties agree that the rights and obligations under Chapters Twenty-Three (Trade and Labour) and Twenty-Four (Trade and Environment) are to be considered in the context of this Agreement.
3.   In this regard, through the implementation of Chapters Twenty-Three (Trade and Labour) and Twenty-Four (Trade and Environment), the Parties aim to:
(a)
promote sustainable development through the enhanced coordination and integration of their respective labour, environmental and trade policies and measures;
(b)
promote dialogue and cooperation between the Parties with a view to developing their trade and economic relations in a manner that supports their respective labour and environmental protection measures and standards, and to upholding their environmental and labour protection objectives in a context of trade relations that are free, open and transparent;
(c)
enhance enforcement of their respective labour and environmental law and respect for labour and environmental international agreements;
(d)
promote the full use of instruments, such as impact assessment and stakeholder consultations, in the regulation of trade, labour and environmental issues and encourage businesses, civil society organisations and citizens to develop and implement practices that contribute to the achievement of sustainable development goals; and
(e)
promote public consultation and participation in the discussion of sustainable development issues that arise under this Agreement and in the development of relevant law and policies.
Article 22.2
Transparency
The Parties stress the importance of ensuring transparency as a necessary element to promote public participation and making information public within the context of this Chapter, in accordance with the provisions of this Chapter and Chapter Twenty-Seven (Transparency) as well as Articles 23.6 (Public information and awareness) and 24.7 (Public information and awareness).
Article 22.3
Cooperation and promotion of trade supporting sustainable development
1.   The Parties recognise the value of international cooperation to achieve the goal of sustainable development and the integration at the international level of economic, social and environmental development and protection initiatives, actions and measures. Therefore, the Parties agree to dialogue and consult with each other with regard to trade-related sustainable development issues of common interest.
2.   The Parties affirm that trade should promote sustainable development. Accordingly, each Party shall strive to promote trade and economic flows and practices that contribute to enhancing decent work and environmental protection, including by:
(a)
encouraging the development and use of voluntary schemes relating to the sustainable production of goods and services, such as eco-labelling and fair trade schemes;
(b)
encouraging the development and use of voluntary best practices of corporate social responsibility by enterprises, such as those in the OECD Guidelines for Multinational Enterprises, to strengthen coherence between economic, social and environmental objectives;
(c)
encouraging the integration of sustainability considerations in private and public consumption decisions; and
(d)
promoting the development, the establishment, the maintenance or the improvement of environmental performance goals and standards.
3.   The Parties recognise the importance of addressing specific sustainable development issues by assessing the potential economic, social and environmental impacts of possible actions, taking account of the views of stakeholders. Therefore, each Party commits to review, monitor and assess the impact of the implementation of this Agreement on sustainable development in its territory in order to identify any need for action that may arise in connection with this Agreement. The Parties may carry out joint assessments. These assessments will be conducted in a manner that is adapted to the practices and conditions of each Party, through the respective participative processes of the Parties, as well as those processes set up under this Agreement.
Article 22.4
Institutional mechanisms
1.   The Committee on Trade and Sustainable Development, established under Article 26.2.1(g) (Specialised committees), shall be comprised of high level representatives of the Parties responsible for matters covered by this Chapter and Chapters Twenty-Three (Trade and Labour) and Twenty-Four (Trade and Environment). The Committee on Trade and Sustainable Development shall oversee the implementation of those Chapters, including cooperative activities and the review of the impact of this Agreement on sustainable development, and address in an integrated manner any matter of common interest to the Parties in relation to the interface between economic development, social development and environmental protection. With regard to Chapters Twenty-Three (Trade and Labour) and Twenty-Four (Trade and Environment), the Committee on Trade and Sustainable Development can also carry out its duties through dedicated sessions comprising participants responsible for any matter covered, respectively, under these Chapters.
2.   The Committee on Trade and Sustainable Development shall meet within the first year of the entry into force of this Agreement, and thereafter as often as the Parties consider necessary. The contact points referred to in Articles 23.8 (Institutional mechanisms) and 24.13 (Institutional mechanisms) are responsible for the communication between the Parties regarding the scheduling and the organisation of those meetings or dedicated sessions.
3.   Each regular meeting or dedicated session of the Committee on Trade and Sustainable Development includes a session with the public to discuss matters relating to the implementation of the relevant Chapters, unless the Parties decide otherwise.
4.   The Committee on Trade and Sustainable Development shall promote transparency and public participation. To this end:
(a)
any decision or report of the Committee on Trade and Sustainable Development shall be made public, unless it decides otherwise;
(b)
the Committee on Trade and Sustainable Development shall present updates on any matter related to this Chapter, including its implementation, to the Civil Society Forum referred to in Article 22.5. Any view or opinion of the Civil Society Forum shall be presented to the Parties directly, or through the consultative mechanisms referred to in Articles 23.8.3 (Institutional mechanisms) and 24.13 (Institutional mechanisms). The Committee on Trade and Sustainable Development shall report annually on the follow-up to those communications;
(c)
the Committee on Trade and Sustainable Development shall report annually on any matter that it addresses pursuant to Article 24.7.3 (Public information and awareness) or Article 23.8.4 (Institutional mechanisms).
Article 22.5
Civil Society Forum
1.   The Parties shall facilitate a joint Civil Society Forum composed of representatives of civil society organisations established in their territories, including participants in the consultative mechanisms referred to in Articles 23.8.3 (Institutional mechanisms) and 24.13 (Institutional mechanisms), in order to conduct a dialogue on the sustainable development aspects of this Agreement.
2.   The Civil Society Forum shall be convened once a year unless otherwise agreed by the Parties. The Parties shall promote a balanced representation of relevant interests, including independent representative employers, unions, labour and business organisations, environmental groups, as well as other relevant civil society organisations as appropriate. The Parties may also facilitate participation by virtual means.
CHAPTER TWENTY-THREE
Trade and labour
Article 23.1
Context and objectives
1.   The Parties recognise the value of international cooperation and agreements on labour affairs as a response of the international community to economic, employment and social challenges and opportunities resulting from globalisation. They recognise the contribution that international trade could make to full and productive employment and decent work for all and commit to consulting and cooperating as appropriate on trade-related labour and employment issues of mutual interest.
2.   Affirming the value of greater policy coherence in decent work, encompassing core labour standards, and high levels of labour protection, coupled with their effective enforcement, the Parties recognise the beneficial role that those areas can have on economic efficiency, innovation and productivity, including export performance. In this context, they also recognise the importance of social dialogue on labour matters among workers and employers, and their respective organisations, and governments, and commit to the promotion of such dialogue.
Article 23.2
Right to regulate and levels of protection
Recognising the right of each Party to set its labour priorities, to establish its levels of labour protection and to adopt or modify its laws and policies accordingly in a manner consistent with its international labour commitments, including those in this Chapter, each Party shall seek to ensure those laws and policies provide for and encourage high levels of labour protection and shall strive to continue to improve such laws and policies with the goal of providing high levels of labour protection.
Article 23.3
Multilateral labour standards and agreements
1.   Each Party shall ensure that its labour law and practices embody and provide protection for the fundamental principles and rights at work which are listed below. The Parties affirm their commitment to respect, promote and realise those principles and rights in accordance with the obligations of the members of the International Labour Organization (the ‘ILO’) and the commitments under the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998 adopted by the International Labour Conference at its 86th Session:
(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.
2.   Each Party shall ensure that its labour law and practices promote the following objectives included in the ILO Decent Work Agenda, and in accordance with the ILO Declaration on Social Justice for a Fair Globalization of 2008 adopted by the International Labour Conference at its 97th Session, and other international commitments:
(a)
health and safety at work, including the prevention of occupational injury or illness and compensation in cases of such injury or illness;
(b)
establishment of acceptable minimum employment standards for wage earners, including those not covered by a collective agreement; and,
(c)
non-discrimination in respect of working conditions, including for migrant workers.
3.   Pursuant to subparagraph 2(a), each Party shall ensure that its labour law and practices embody and provide protection for working conditions that respect the health and safety of workers, including by formulating policies that promote basic principles aimed at preventing accidents and injuries that arise out of or in the course of work, and that are aimed at developing a preventative safety and health culture where the principle of prevention is accorded the highest priority. When preparing and implementing measures aimed at health protection and safety at work, each Party shall take into account existing relevant scientific and technical information and related international standards, guidelines or recommendations, if the measures may affect trade or investment between the Parties. The Parties acknowledge that in case of existing or potential hazards or conditions that could reasonably be expected to cause injury or illness to a natural person, a Party shall not use the lack of full scientific certainty as a reason to postpone cost-effective protective measures.
4.   Each Party reaffirms its commitment to effectively implement in its law and practices in its whole territory the fundamental ILO Conventions that Canada and the Member States of the European Union have ratified respectively. The Parties shall make continued and sustained efforts to ratify the fundamental ILO Conventions if they have not yet done so. The Parties shall exchange information on their respective situations and advances regarding the ratification of the fundamental as well as priority and other ILO Conventions that are classified as up to date by the ILO.
Article 23.4
Upholding levels of protection
1.   The Parties recognise that it is inappropriate to encourage trade or investment by weakening or reducing the levels of protection afforded in their labour law and standards.
2.   A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its labour law and standards, to encourage trade or the establishment, acquisition, expansion or retention of an investment in its territory.
3.   A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its labour law and standards to encourage trade or investment.
Article 23.5
Enforcement procedures, administrative proceedings and review of administrative action
1.   Pursuant to Article 23.4, each Party shall promote compliance with and shall effectively enforce its labour law, including by:
(a)
maintaining a system of labour inspection in accordance with its international commitments aimed at securing the enforcement of legal provisions relating to working conditions and the protection of workers which are enforceable by labour inspectors; and
(b)
ensuring that administrative and judicial proceedings are available to persons with a legally recognised interest in a particular matter who maintain that a right is infringed under its law, in order to permit effective action against infringements of its labour law, including appropriate remedies for violations of such law.
2.   Each Party shall, in accordance with its law, ensure that the proceedings referred to in subparagraph 1(b) are not unnecessarily complicated or prohibitively costly, do not entail unreasonable time limits or unwarranted delays, provide injunctive relief, if appropriate, and are fair and equitable, including by:
(a)
providing defendants with reasonable notice when a procedure is initiated, including a description of the nature of the proceeding and the basis of the claim;
(b)
providing the parties to the proceedings with a reasonable opportunity to support or defend their respective positions, including by presenting information or evidence, prior to a final decision;
(c)
providing that final decisions are made in writing and give reasons as appropriate to the case and based on information or evidence in respect of which the parties to the proceeding were offered the opportunity to be heard; and
(d)
allowing the parties to administrative proceedings an opportunity for review and, if warranted, correction of final administrative decisions within a reasonable period of time by a tribunal established by law, with appropriate guarantees of tribunal independence and impartiality.
Article 23.6
Public information and awareness
1.   In addition to its obligations under Article 27.1 (Publication), each Party shall encourage public debate with and among non-state actors as regards the development and definition of policies that may lead to the adoption of labour law and standards by its public authorities.
2.   Each Party shall promote public awareness of its labour law and standards, as well as enforcement and compliance procedures, including by ensuring the availability of information and by taking steps to further the knowledge and understanding of workers, employers and their representatives.
Article 23.7
Cooperative activities
1.   The Parties commit to cooperate to promote the objectives of this Chapter through actions such as:
(a)
the exchange of information on best practices on issues of common interest and on relevant events, activities, and initiatives;
(b)
cooperation in international fora that deal with issues relevant for trade and labour, including in particular the WTO and the ILO;
(c)
the international promotion and the effective application of fundamental principles and rights at work referred to in Article 23.3.1, and the ILO Decent Work Agenda;
(d)
dialogue and information-sharing on the labour provisions in the context of their respective trade agreements, and the implementation thereof;
(e)
the exploration of collaboration in initiatives regarding third parties; and
(f)
any other form of cooperation deemed appropriate.
2.   The Parties will consider any views provided by representatives of workers, employers, and civil society organisations when identifying areas of cooperation, and carrying out cooperative activities.
3.   The Parties may establish cooperative arrangements with the ILO and other competent international or regional organisations to draw on their expertise and resources to achieve the objectives of this Chapter.
Article 23.8
Institutional mechanisms
1.   Each Party shall designate an office to serve as the contact point with the other Party for the implementation of this Chapter, including with regard to:
(a)
cooperative programmes and activities in accordance with Article 23.7;
(b)
the receipt of submissions and communications under Article 23.9; and
(c)
information to be provided to the other Party, the Panels of Experts and the public.
2.   Each Party shall inform the other Party, in writing, of the contact point referred to in paragraph 1.
3.   The Committee on Trade and Sustainable Development established under Article 26.2.1(g) (Specialised committees) shall, through its regular meetings or dedicated sessions comprising participants responsible for matters covered under this Chapter:
(a)
oversee the implementation of this Chapter and review the progress achieved under it, including its operation and effectiveness; and
(b)
discuss any other matter within the scope of this Chapter.
4.   Each Party shall convene a new or consult its domestic labour or sustainable development advisory groups, to seek views and advice on issues relating to this Chapter. Those groups shall comprise independent representative organisations of civil society in a balanced representation of employers, unions, labour and business organisations, as well as other relevant stakeholders as appropriate. They may submit opinions and make recommendations on any matter related to this Chapter on their own initiative.
5.   Each Party shall be open to receive and shall give due consideration to submissions from the public on matters related to this Chapter, including communications on implementation concerns. Each Party shall inform its respective domestic labour or sustainable development advisory groups of those communications.
6.   The Parties shall take into account the activities of the ILO so as to promote greater cooperation and coherence between the work of the Parties and the ILO.
Article 23.9
Consultations
1.   A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the contact point of the other Party. The Party shall present the matter clearly in its request, identify the questions at issue and provide a brief summary of any claims under this Chapter. Consultations must commence promptly after a Party delivers a request for consultations.
2.   During consultations, each Party shall provide the other Party with sufficient information in its possession to allow a full examination of the matters raised, subject to its law regarding confidential personal and commercial information.
3.   If relevant, and if both Parties consent, the Parties shall seek the information or views of any person, organisation or body, including the ILO, that may contribute to the examination of the matter that arises.
4.   If a Party considers that further discussion of the matter is required, that Party may request that the Committee on Trade and Sustainable Development be convened to consider the matter by delivering a written request to the contact point of the other Party. The Committee on Trade and Sustainable Development shall convene promptly and endeavour to resolve the matter. If appropriate, it shall seek the advice of the Parties' domestic labour or sustainable development advisory groups through the consultative mechanisms referred to in Article 23.8.
5.   Each Party shall make publicly available any solution or decision on a matter discussed under this Article.
Article 23.10
Panel of Experts
1.   For any matter that is not satisfactorily addressed through consultations under Article 23.9, a Party may, 90 days after the receipt of a request for consultations under Article 23.9.1, request that a Panel of Experts be convened to examine that matter, by delivering a written request to the contact point of the other Party.
2.   Subject to the provisions of this Chapter, the Parties shall apply the Rules of Procedure and Code of Conduct set out in Annexes 29-A and 29-B, unless the Parties decide otherwise.
3.   The Panel of Experts is composed of three panellists.
4.   The Parties shall consult with a view to reaching an agreement on the composition of the Panel of Experts within 10 working days of the receipt by the responding Party of the request for the establishment of a Panel of Experts. Due attention shall be paid to ensuring that proposed panellists meet the requirements set out in paragraph 7 and have the expertise appropriate to the particular matter.
5.   If the Parties are unable to decide on the composition of the Panel of Experts within the period of time specified in paragraph 4, the selection procedure set out in paragraphs 3 through 7 of Article 29.7 (Composition of the arbitration panel) applies in respect of the list established in paragraph 6.
6.   The 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 nine individuals chosen for their objectivity, reliability and sound judgment, who are willing and able to serve as panellists. Each Party shall name at least three individuals to the list to serve as panellists. The Parties shall also name at least three individuals who are not nationals of either Party and who are willing and able to serve as chairperson of a Panel of Experts. The Committee on Trade and Sustainable Development shall ensure that the list is always maintained at this level.
7.   The experts proposed as panellists must have specialised knowledge or expertise in labour law, other issues addressed in this Chapter, or in the resolution of disputes arising under international agreements. They must be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to the matter in issue. They must not be affiliated with the government of either Party, and must comply with the Code of Conduct referred to in paragraph 2.
8.   Unless the Parties decide otherwise, within five working days of the date of the selection of the panellists, the terms of reference of the Panel of Experts are as follows:
‘
                        
to examine, in the light of the relevant provisions of Chapter Twenty-Three (Trade and Labour), the matter referred to in the request for the establishment of the Panel of Experts, and to deliver a report, in accordance with Article 23.10 (Panel of Experts) of Chapter Twenty-Three (Trade and Labour), that makes recommendations for the resolution of the matter
.’
9.   In respect of matters related to multilateral agreements as set out in Article 23.3, the Panel of Experts should seek information from the ILO, including any pertinent available interpretative guidance, findings or decisions adopted by the ILO 
(
31
)
.
10.   The Panel may request and receive written submissions or any other information from persons with relevant information or specialised knowledge.
11.   The Panel of Experts shall issue to the Parties an interim report and a final report setting out the findings of fact, its determinations on the matter including as to whether the responding Party has conformed with its obligations under this Chapter and the rationale behind any findings, determinations and recommendations that it makes. The Panel of Experts shall deliver to the Parties the interim report within 120 days after the last panellist is selected, or as otherwise decided by the Parties. The Parties may provide comments to the Panel of Experts on the interim report within 45 days of its delivery. After considering these comments, the Panel of Experts may reconsider its report or carry out any further examination that it considers appropriate. The Panel of Experts shall deliver the final report to the Parties within 60 days of the submission of the interim report. Each Party shall make the final report publicly available within 30 days of its delivery.
12.   If the final report of the Panel of Experts determines that a Party has not conformed with its obligations under this Chapter, the Parties shall engage in discussions and shall endeavour, within three months of the delivery of the final report, to identify appropriate measures or, if appropriate, to decide upon a mutually satisfactory action plan. In these discussions, the Parties shall take into account the final report. The responding Party shall inform in a timely manner its labour or sustainable development advisory groups and the requesting Party of its decision on any actions or measures to be implemented. Furthermore, the requesting Party shall inform in a timely manner its labour or sustainable development advisory groups and the responding Party of any other action or measure it may decide to take, as a follow-up to the final report, to encourage the resolution of the matter in a manner consistent with this Agreement. The Committee on Trade and Sustainable Development shall monitor the follow-up to the final report and the recommendations of the Panel of Experts. The labour or sustainable development advisory groups of the Parties and the Civil Society Forum may submit observations to the Committee on Trade and Sustainable Development in this regard.
13.   If the Parties reach a mutually agreed solution to the matter following the establishment of a Panel of Experts, they shall notify the Committee on Trade and Sustainable Development and the Panel of Experts of that solution. Upon that notification, the panel procedure shall be terminated.
Article 23.11
Dispute resolution
1.   For any dispute that arises under this Chapter, the Parties shall only have recourse to the rules and procedures provided in this Chapter.
2.   The Parties shall make every attempt to arrive at a mutually satisfactory resolution of a dispute. At any time, the Parties may have recourse to good offices, conciliation, or mediation to resolve that dispute.
3.   The Parties understand that the obligations included under this Chapter are binding and enforceable through the procedures for the resolution of disputes provided in Article 23.10. Within this context, the Parties shall discuss, through the meetings of the Committee on Trade and Sustainable Development, the effectiveness of the implementation of the Chapter, policy developments in each Party, developments in international agreements, and views presented by stakeholders, as well as possible reviews of the procedures for the resolution of disputes provided for in Article 23.10.
4.   In the case of disagreement under paragraph 3, a Party may request consultations according to the procedures established in Article 23.9 in order to review the provisions for the resolution of disputes provided for in Article 23.10, with a view to reaching a mutually agreed solution to the matter.
5.   The Committee on Trade and Sustainable Development may recommend to the CETA Joint Committee modifications to relevant provisions of this Chapter, in accordance with the amendment procedures established in Article 30.2 (Amendments).
CHAPTER TWENTY-FOUR
Trade and environment
Article 24.1
Definition
For the purposes of this Chapter:
environmental law
 means a law, including a statutory or regulatory provision, or other legally binding measure of a Party, the purpose of which is the protection of the environment, including the prevention of a danger to human life or health from environmental impacts, such as those that aim at:
(a)
the prevention, abatement or control of the release, discharge, or emission of pollutants or environmental contaminants,
(b)
the management of chemicals and waste or the dissemination of information related thereto, or
(c)
the conservation and protection of wild flora or fauna, including endangered species and their habitats, as well as protected areas,
but does not include a measure of a Party solely related to worker health and safety, which is subject to Chapter Twenty-Three (Trade and Labour), or a measure of a Party the purpose of which is to manage the subsistence or aboriginal harvesting of natural resources.
Article 24.2
Context and objectives
The Parties recognise that the environment is a fundamental pillar of sustainable development and recognise the contribution that trade could make to sustainable development. The Parties stress that enhanced cooperation to protect and conserve the environment brings benefits that will:
(a)
promote sustainable development;
(b)
strengthen the environmental governance of the Parties;
(c)
build upon international environmental agreements to which they are party; and
(d)
complement the objectives of this Agreement.
Article 24.3
Right to regulate and levels of protection
The Parties recognise the right of each Party to set its environmental priorities, to establish its levels of environmental protection, and to adopt or modify its laws and policies accordingly and in a manner consistent with the multilateral environmental agreements to which it is party and with this Agreement. Each Party shall seek to ensure that those laws and policies provide for and encourage high levels of environmental protection, and shall strive to continue to improve such laws and policies and their underlying levels of protection.
Article 24.4
Multilateral environmental agreements
1.   The Parties recognise the value of international environmental governance and agreements as a response of the international community to global or regional environmental problems and stress the need to enhance the mutual supportiveness between trade and environment policies, rules, and measures.
2.   Each Party reaffirms its commitment to effectively implement in its law and practices, in its whole territory, the multilateral environmental agreements to which it is party.
3.   The Parties commit to consult and cooperate as appropriate with respect to environmental issues of mutual interest related to multilateral environmental agreements, and in particular, trade-related issues. This commitment includes exchanging information on:
(a)
the implementation of multilateral environmental agreements, to which a Party is party;
(b)
on-going negotiations of new multilateral environmental agreements; and
(c)
each Party's respective views on becoming a party to additional multilateral environmental agreements.
4.   The Parties acknowledge their right to use Article 28.3 (General exceptions) in relation to environmental measures, including those taken pursuant to multilateral environmental agreements to which they are party.
Article 24.5
Upholding levels of protection
1.   The Parties recognise that it is inappropriate to encourage trade or investment by weakening or reducing the levels of protection afforded in their environmental law.
2.   A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental law, to encourage trade or the establishment, acquisition, expansion or retention of an investment in its territory.
3.   A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental law to encourage trade or investment.
Article 24.6
Access to remedies and procedural guarantees
1.   Pursuant to the obligations in Article 24.5:
(a)
each Party shall, in accordance with its law, ensure that its authorities competent to enforce environmental law give due consideration to alleged violations of environmental law brought to its attention by any interested persons residing or established in its territory; and
(b)
each Party shall ensure that administrative or judicial proceedings are available to persons with a legally recognised interest in a particular matter or who maintain that a right is infringed under its law, in order to permit effective action against infringements of its environmental law, including appropriate remedies for violations of such law.
2.   Each Party shall, in accordance with its domestic law, ensure that the proceedings referred to in subparagraph 1(b) are not unnecessarily complicated or prohibitively costly, do not entail unreasonable time limits or unwarranted delays, provide injunctive relief if appropriate, and are fair, equitable and transparent, including by:
(a)
providing defendants with reasonable notice when a proceeding is initiated, including a description of the nature of the proceeding and the basis of the claim;
(b)
providing the parties to the proceeding with a reasonable opportunity to support or defend their respective positions, including by presenting information or evidence, prior to a final decision;
(c)
providing that final decisions are made in writing and give reasons as appropriate to the case and based on information or evidence in respect of which the parties to the proceeding were offered the opportunity to be heard; and
(d)
allowing the parties to administrative proceedings an opportunity for review and, if warranted, correction of final administrative decisions within a reasonable period of time by a tribunal established by law, with appropriate guarantees of tribunal independence and impartiality.
Article 24.7
Public information and awareness
1.   In addition to Article 27.1 (Publication), each Party shall encourage public debate with and among non-state actors as regards the development and definition of policies that may lead to the adoption of environmental law by its public authorities.
2.   Each Party shall promote public awareness of its environmental law, as well as enforcement and compliance procedures, by ensuring the availability of information to stakeholders.
3.   Each Party shall be open to receive and shall give due consideration to submissions from the public on matters related to this Chapter, including communications on implementation concerns. Each Party shall inform its respective civil society organisations of those communications through the consultative mechanisms referred to in Article 24.13.5.
Article 24.8
Scientific and technical information
1.   When preparing and implementing measures aimed at environmental protection that may affect trade or investment between the Parties, each Party shall take into account relevant scientific and technical information and related international standards, guidelines, or recommendations.
2.   The Parties acknowledge that where there are threats of serious or irreversible damage, the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Article 24.9
Trade favouring environmental protection
1.   The Parties are resolved to make efforts to facilitate and promote trade and investment in environmental goods and services, including through addressing the reduction of non-tariff barriers related to these goods and services.
2.   The Parties shall, consistent with their international obligations, pay special attention to facilitating the removal of obstacles to trade or investment in goods and services of particular relevance for climate change mitigation and in particular trade or investment in renewable energy goods and related services.
Article 24.10
Trade in forest products
1.   The Parties recognise the importance of the conservation and sustainable management of forests for providing environmental functions and economic and social opportunities for present and future generations, and of market access for forest products harvested in accordance with the law of the country of harvest and from sustainably managed forests.
2.   To this end, and in a manner consistent with their international obligations, the Parties undertake to:
(a)
encourage trade in forest products from sustainably managed forests and harvested in accordance with the law of the country of harvest;
(b)
exchange information, and if appropriate, cooperate on initiatives to promote sustainable forest management, including initiatives designed to combat illegal logging and related trade;
(c)
promote the effective use of the 
Convention on International Trade in Endangered Species of Wild Fauna and Flora
, done at Washington on 3 March 1973, with regard to timber species considered at risk; and
(d)
cooperate, where appropriate, in international 
fora
 that deal with the conservation and sustainable management of forests.
3.   The Parties shall discuss the subjects referred to in paragraph 2, in the Committee on Trade and Sustainable Development or in the Bilateral Dialogue on Forest Products referred to in Chapter Twenty-Five (Bilateral Dialogues and Cooperation), in accordance with their respective spheres of competence.
Article 24.11
Trade in fisheries and aquaculture products
1.   The Parties recognise the importance of the conservation and the sustainable and responsible management of fisheries and aquaculture and their contribution to providing environmental, economic and social opportunities for present and future generations.
2.   To this end, and in a manner consistent with their international obligations, the Parties undertake to:
(a)
adopt or maintain effective monitoring, control and surveillance measures, such as observer schemes, vessel monitoring schemes, transhipment control, inspections at sea, port state control, and associated sanctions, aimed at the conservation of fish stocks and the prevention of overfishing;
(b)
adopt or maintain actions and cooperate to combat illegal, unreported and unregulated (‘IUU’) fishing, including, where appropriate, the exchange of information on IUU activities in their waters and the implementation of policies and measures to exclude IUU products from trade flows and fish farming operations;
(c)
cooperate with, and where appropriate in, regional fisheries management organisations in which the Parties are either members, observers, or cooperating non-contracting parties, with the aim of achieving good governance, including by advocating for science-based decisions and for compliance with those decisions in these organisations; and
(d)
promote the development of an environmentally responsible and economically competitive aquaculture industry.
Article 24.12
Cooperation on environment issues
1.   The Parties recognise that enhanced cooperation is an important element to advance the objectives of this Chapter, and commit to cooperate on trade-related environmental issues of common interest, in areas such as:
(a)
the potential impact of this Agreement on the environment and ways to enhance, prevent, or mitigate such impact, taking into account any impact assessment carried out by the Parties;
(b)
activity in international 
fora
 dealing with issues relevant for both trade and environmental policies, including in particular the WTO, the OECD, the United Nations Environment Programme, and multilateral environmental agreements;
(c)
the environmental dimension of corporate social responsibility and accountability, including the implementation and follow-up of internationally recognised guidelines;
(d)
the trade impact of environmental regulations and standards as well as the environmental impact of trade and investment rules including on the development of environmental regulations and policy;
(e)
trade-related aspects of the current and future international climate change regime, as well as domestic climate policies and programmes relating to mitigation and adaptation, including issues relating to carbon markets, ways to address adverse effects of trade on climate, as well as means to promote energy efficiency and the development and deployment of low-carbon and other climate-friendly technologies;
(f)
trade and investment in environmental goods and services, including environmental and green technologies and practices; renewable energy; energy efficiency; and water use, conservation and treatment;
(g)
cooperation on trade-related aspects of the conservation and sustainable use of biological diversity;
(h)
promotion of life-cycle management of goods, including carbon accounting and end-of-life management, extended producer-responsibility, recycling and reduction of waste, and other best practices;
(i)
improved understanding of the effects of economic activity and market forces on the environment; and
(j)
exchange of views on the relationship between multilateral environmental agreements and international trade rules.
2.   Cooperation further to paragraph 1 shall take place through actions and instruments that may include technical exchanges, exchanges of information and best practices, research projects, studies, reports, conferences and workshops.
3.   The Parties will consider views or input from the public and interested stakeholders for the definition and implementation of their cooperation activities, and they may involve such stakeholders further in those activities, as appropriate.
Article 24.13
Institutional mechanisms
1.   Each Party shall designate an office to serve as contact point with the other Party for the implementation of this Chapter, including with regard to:
(a)
cooperative programmes and activities in accordance with Article 24.12;
(b)
the receipt of submissions and communications under Article 24.7.3; and
(c)
information to be provided to the other Party, the Panel of Experts, and the public.
2.   Each Party shall inform the other Party, in writing, of the contact point referred to in paragraph 1.
3.   The Committee on Trade and Sustainable Development established under Article 26.2.1(g) (Specialised committees) shall, through its regular meetings or dedicated sessions comprising participants responsible for matters covered under this Chapter:
(a)
oversee the implementation of this Chapter and review the progress achieved under it;
(b)
discuss matters of common interest; and
(c)
discuss any other matter within the scope of this Chapter as the Parties jointly decide.
4.   The Parties shall take into account the activities of relevant multilateral environmental organisations or bodies so as to promote greater cooperation and coherence between the work of the Parties and these organisations or bodies.
5.   Each Party shall make use of existing, or establish new, consultative mechanisms, such as domestic advisory groups, to seek views and advice on issues relating to this Chapter. These consultative mechanisms shall comprise independent representative organisations of civil society in a balanced representation of environmental groups, business organisations, as well as other relevant stakeholders as appropriate. Through such consultative mechanisms, stakeholders may submit opinions and make recommendations on any matter related to this Chapter on their own initiative.
Article 24.14
Consultations
1.   A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the contact point of the other Party. The Party shall present the matter clearly in the request, identify the questions at issue, and provide a brief summary of any claims under this Chapter. Consultations must commence promptly after a Party delivers a request for consultations.
2.   During consultations, each Party shall provide the other Party with sufficient information in its possession to allow a full examination of the matters raised, subject to its law regarding the protection of confidential or proprietary information.
3.   If relevant, and if both Parties consent, the Parties shall seek the information or views of any person, organisation, or body, including the relevant international organisation or body, that may contribute to the examination of the matter at issue.
4.   If a Party considers that further discussion of the matter is required, that Party may request that the Committee on Trade and Sustainable Development be convened to consider the matter by delivering a written request to the contact point of the other Party. The Committee on Trade and Sustainable Development shall convene promptly and endeavour to resolve the matter. If appropriate, it shall seek the advice of the Parties' civil society organisations through the consultative mechanisms referred to in Article 24.13.5.
5.   Each Party shall make publicly available any solution or decision on a matter discussed under this Article.
Article 24.15
Panel of Experts
1.   For any matter that is not satisfactorily addressed through consultations under Article 24.14, a Party may, 90 days after the receipt of the request for consultations under Article 24.14.1, request that a Panel of Experts be convened to examine that matter, by delivering a written request to the contact point of the other Party.
2.   Subject to the provisions of this Chapter, the Parties shall apply the Rules of Procedure and Code of Conduct set out in Annexes 29-A and 29-B, unless the Parties decide otherwise.
3.   The Panel of Experts is composed of three panellists.
4.   The Parties shall consult with a view to reaching an agreement on the composition of the Panel of Experts within 10 working days of the receipt by the responding Party of a request for the establishment of a Panel of Experts. Due attention shall be paid to ensuring that proposed panellists meet the requirements set out in paragraph 7 and have the expertise appropriate to the particular matter.
5.   If the Parties are unable to decide on the composition of the Panel of Experts within the period of time specified in paragraph 4, the selection procedure set out in paragraphs 3 through 7 of Article 29.7 (Composition of the arbitration panel) applies in respect of the list established in paragraph 6.
6.   The 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 nine individuals chosen for their objectivity, reliability, and sound judgment, who are willing and able to serve as panellists. Each Party shall name at least three individuals to the list to serve as panellists. The Parties shall also name at least three individuals who are not nationals of either Party and who are willing and able to serve as chairperson of a Panel of Experts. The Committee on Trade and Sustainable Development shall ensure that the list is always maintained at this level.
7.   The experts proposed as panellists must have specialised knowledge or expertise in environmental law, issues addressed in this Chapter, or in the resolution of disputes arising under international agreements. They must be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to the matter in issue. They must not be affiliated with the governments of either Party, and must comply with the Code of Conduct referred to in paragraph 2.
8.   Unless the Parties otherwise decide, within five working days of the date of the selection of the panellists, the terms of reference of the Panel of Experts are as follows:
‘
                        
to examine, in the light of the relevant provisions of Chapter Twenty-Four (Trade and Environment), the matter referred to in the request for the establishment of the Panel of Experts, and to deliver a report in accordance with Article 24.15 (Panel of Experts) of Chapter Twenty-Four (Trade and Environment), that makes recommendations for the resolution of the matter
’.
9.   In respect of matters related to multilateral environmental agreements as set out in Article 24.4, the Panel of Experts should seek views and information from relevant bodies established under these agreements, including any pertinent available interpretative guidance, findings, or decisions adopted by those bodies 
(
32
)
.
10.   The Panel of Experts shall issue to the Parties an interim report and a final report setting out the findings of fact, its determinations on the matter, including as to whether the responding Party has conformed with its obligations under this Chapter and the rationale behind any findings, determinations and recommendations that it makes. The Panel of Experts shall deliver to the Parties the interim report within 120 days after the last panellist is selected, or as otherwise decided by the Parties. The Parties may provide comments to the Panel of Experts on the interim report within 45 days of its delivery. After considering these comments, the Panel of Experts may reconsider its report or carry out any further examination that it considers appropriate. The Panel of Experts shall deliver the final report to the Parties within 60 days of the submission of the interim report. Each Party shall make the final report publicly available within 30 days of its delivery.
11.   If the final report of the Panel of Experts determines that a Party has not conformed with its obligations under this Chapter, the Parties shall engage in discussions and shall endeavour, within three months of the delivery of the final report, to identify an appropriate measure or, if appropriate, to decide upon a mutually satisfactory action plan. In these discussions, the Parties shall take into account the final report. The responding Party shall inform, in a timely manner, its civil society organisations, through the consultative mechanisms referred to in Article 24.13.5, and the requesting Party of its decision on any action or measure to be implemented. The Committee on Trade and Sustainable Development shall monitor the follow-up to the final report and the recommendations of the Panel of Experts. The civil society organisations, through the consultative mechanisms referred to in Article 24.13.5, and the Civil Society Forum may submit observations to the Committee on Trade and Sustainable Development in this regard.
12.   If the Parties reach a mutually agreed solution to the matter following the establishment of a Panel of Experts, they shall notify the Committee on Trade and Sustainable Development and the Panel of Experts of that solution. Upon that notification, the panel procedure shall be terminated.
Article 24.16
Dispute resolution
1.   For any dispute that arises under this Chapter, the Parties shall only have recourse to the rules and procedures provided for in this Chapter.
2.   The Parties shall make every attempt to arrive at a mutually satisfactory resolution of a dispute. At any time, the Parties may have recourse to good offices, conciliation, or mediation to resolve that dispute.
CHAPTER TWENTY-FIVE
Bilateral dialogues and cooperation
Article 25.1
Objectives and principles
1.   Building upon their well-established partnership and shared values, the Parties agree to facilitate cooperation on issues of common interest, including through:
(a)
strengthening bilateral cooperation on biotechnology through the Dialogue on Biotech Market Access Issues;
(b)
fostering and facilitating bilateral dialogue and exchange of information on issues related to trade in forest products through the Bilateral Dialogue on Forest Products;
(c)
endeavour to establish and maintain effective cooperation on raw materials issues through the Bilateral Dialogue on Raw Materials; and
(d)
encouraging enhanced cooperation on science, technology, research and innovation issues.
2.   Unless otherwise provided in this Agreement, bilateral dialogues shall take place without undue delay at the request of either Party or of the CETA Joint Committee. The dialogues shall be co-chaired by representatives of Canada and the European Union. The meeting schedules and agendas shall be determined by agreement between the co-chairs.
3.   The co-chairs of a bilateral dialogue shall inform the CETA Joint Committee of the schedules and agendas of any bilateral dialogue sufficiently in advance of meetings. The co-chairs of a bilateral dialogue shall report to the CETA Joint Committee on the results and conclusions of a dialogue as appropriate or on request by the CETA Joint Committee. The creation or existence of a dialogue shall not prevent either Party from bringing any matter directly to the CETA Joint Committee.
4.   The CETA Joint Committee may decide to change or undertake the task assigned to a dialogue or dissolve a dialogue.
5.   The Parties may engage in bilateral cooperation in other areas under this Agreement on consent of the CETA Joint Committee.
Article 25.2
Dialogue on Biotech Market Access Issues
1.   The Parties agree that cooperation and information exchange on issues in connection with biotechnology products are of mutual interest. Such cooperation and exchange of information shall take place in the bilateral dialogue on agricultural biotech market access issues of mutual interest which was established by the Mutually Agreed Solution reached on 15 July 2009 between Canada and the European Union following the WTO dispute 
European Communities — Measures Affecting the Approval and Marketing of Biotech Products
 WT/DS292. The bilateral dialogue covers any relevant issue of mutual interest to the Parties, including:
(a)
biotechnology product approvals in the territory of the Parties as well as, where appropriate, forthcoming applications for product approvals of commercial interest to either side;
(b)
the commercial and economic outlook for future approvals of biotechnology products;
(c)
any trade impact related to asynchronous approvals of biotechnology products or the accidental release of unauthorised products, and any appropriate measures in this respect;
(d)
any biotech-related measures that may affect trade between the Parties, including measures of Member States of the European Union;
(e)
any new legislation in the field of biotechnology; and
(f)
best practices in the implementation of legislation on biotechnology.
2.   The Parties also note the importance of the following shared objectives with respect to cooperation in the field of biotechnology:
(a)
to exchange information on policy, regulatory and technical issues of common interest related to biotechnology products, and, in particular, information on their respective systems and processes for risk assessments for decision-making on the use of genetically modified organisms;
(b)
to promote efficient science-based approval processes for biotechnology products;
(c)
to cooperate internationally on issues related to biotechnology, such as low level presence of genetically modified organisms; and
(d)
to engage in regulatory cooperation to minimise adverse trade impacts of regulatory practices related to biotechnology products.
Article 25.3
Bilateral Dialogue on Forest Products
1.   The Parties agree that bilateral dialogue, cooperation and exchange of information and views on relevant laws, regulations, policies and issues of importance to the production, trade, and consumption of forest products are of mutual interest. The Parties agree to carry out this dialogue, cooperation and exchange in the Bilateral Dialogue on Forest Products, including:
(a)
the development, adoption and implementation of relevant laws, regulations, policies and standards, and testing, certification and accreditation requirements and their potential impact on trade in forest products between the Parties;
(b)
initiatives of the Parties related to the sustainable management of forests and forest governance;
(c)
mechanisms to assure the legal or sustainable origin of forest products;
(d)
access for forest products to the Parties or other markets;
(e)
perspectives on multilateral and plurilateral organisations and processes in which they participate, which seek to promote sustainable forest management or combat illegal logging;
(f)
issues referred to in Article 24.10 (Trade in forest products); and
(g)
any other issue related to forest products as agreed upon by the Parties.
2.   The Bilateral Dialogue on Forest Products shall meet within the first year of the entry into force of this Agreement, and thereafter in accordance with Article 25.1.2.
3.   The Parties agree that discussions taking place in the Bilateral Dialogue on Forest Products can inform discussions in the Committee on Trade and Sustainable Development.
Article 25.4
Bilateral Dialogue on Raw Materials
1.   Recognising the importance of an open, non-discriminatory and transparent trading environment based on rules and science, the Parties endeavour to establish and maintain effective cooperation on raw materials. For the purposes of this cooperation, raw materials include minerals, metals and agricultural products with an industrial use.
2.   The Bilateral Dialogue on Raw Materials covers any relevant issue of mutual interest, including:
(a)
to provide a forum of discussion on cooperation in the field of raw materials between the Parties, to contribute to market access for raw material goods and related services and investments and to avoid non-tariff barriers to trade for raw materials;
(b)
to enhance mutual understanding in the field of raw materials with a view to exchange information on best-practices and on the Parties' regulatory policies vis-à-vis raw materials;
(c)
to encourage activities that support corporate social responsibility in accordance with internationally-recognised standards such as the OECD Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas; and
(d)
to facilitate, as appropriate, consultation on the Parties' positions in multilateral or plurilateral 
fora
 where issues related to raw materials may be raised and discussed.
Article 25.5
Enhanced cooperation on science, technology, research and innovation
1.   The Parties acknowledge the interdependence of science, technology, research and innovation, and international trade and investment in increasing industrial competitiveness and social and economic prosperity.
2.   Building upon this shared understanding, the Parties agree to strengthen their cooperation in the areas of science, technology, research and innovation.
3.   The Parties shall endeavour to encourage, develop and facilitate cooperative activities on a reciprocal basis in support of, or supplementary to the 
Agreement for Scientific and Technological Cooperation between the European Community and Canada
, done at Halifax on 17 June 1995. The Parties agree to conduct these activities on the basis of the following principles:
(a)
the activities are of mutual benefit to the Parties;
(b)
the Parties agree on the scope and parameters of the activities; and
(c)
the activities should take into account the important role of the private sector and research institutions in the development of science, technology, research and innovation, and the commercialisation of goods and services thereof.
4.   The Parties also recognise the importance of enhanced cooperation in science, technology, research and innovation, such as activities initiated, developed or undertaken by a variety of stakeholders, including the Canadian federal government, the Canadian Provinces and Territories, the European Union and its Member States.
5.   Each Party shall encourage, in accordance with its law, the participation of the private sector, research institutions and civil society within its territory in activities to enhance cooperation.
CHAPTER TWENTY-SIX
Administrative and institutional provisions
Article 26.1
CETA Joint Committee
1.   The Parties hereby establish the CETA Joint Committee comprising representatives of the European Union and representatives of Canada. The CETA Joint Committee shall be co-chaired by the Minister for International Trade of Canada and the Member of the European Commission responsible for Trade, or their respective designees.
2.   The CETA Joint Committee shall meet once a year or at the request of a Party. The CETA Joint Committee shall agree on its meeting schedule and its agenda.
3.   The CETA Joint Committee is responsible for all questions concerning trade and investment between the Parties and the implementation and application of this Agreement. A Party may refer to the CETA Joint Committee any issue relating to the implementation and interpretation of this Agreement, or any other issue concerning trade and investment between the Parties.
4.   The CETA Joint Committee shall:
(a)
supervise and facilitate the implementation and application of this Agreement and further its general aims;
(b)
supervise the work of all specialised committees and other bodies established under this Agreement;
(c)
without prejudice to Chapters Eight (Investment), Twenty-Two (Trade and Sustainable Development), Twenty-Three (Trade and Labour), Twenty-Four (Trade and Environment), and Twenty-Nine (Dispute Settlement), seek appropriate ways and methods of preventing problems that might arise in areas covered by this Agreement, or of resolving disputes that may arise regarding the interpretation or application of this Agreement;
(d)
adopt its own rules of procedure;
(e)
make decisions as set out in Article 26.3; and
(f)
consider any matter of interest relating to an area covered by this Agreement.
5.   The CETA Joint Committee may:
(a)
delegate responsibilities to the specialised committees established pursuant to Article 26.2;
(b)
communicate with all interested parties including private sector and civil society organisations;
(c)
consider or agree on amendments as provided in this Agreement;
(d)
study the development of trade between the Parties and consider ways to further enhance trade relations between the Parties;
(e)
adopt interpretations of the provisions of this Agreement, which shall be binding on tribunals established under Section F of Chapter Eight (Resolution of investment disputes between investors and states) and Chapter Twenty-Nine (Dispute Settlement);
(f)
make recommendations suitable for promoting the expansion of trade and investment as envisaged in this Agreement;
(g)
change or undertake the tasks assigned to specialised committees established pursuant to Article 26.2 or dissolve any of these specialised committees;
(h)
establish specialised committees and bilateral dialogues in order to assist it in the performance of its tasks; and
(i)
take such other action in the exercise of its functions as decided by the Parties.
Article 26.2
Specialised committees
1.   The following specialised committees are hereby established, or in the case of the Joint Customs Cooperation Committee referred to in subparagraph (c), is granted authority to act under the auspices of the CETA Joint Committee:
(a)
the Committee on Trade in Goods, which addresses matters concerning trade in goods, tariffs, technical barriers to trade, the Protocol on the mutual acceptance of the results of conformity assessment and intellectual property rights related to goods. At the request of a Party, or upon a reference from the relevant specialised committee, or when preparing a discussion in the CETA Joint Committee, the Committee on Trade in Goods may also address matters arising in the area of rules of origin, origin procedures, customs and trade facilitation and border measures, sanitary and phytosanitary measures, government procurement, or regulatory cooperation, if this facilitates the resolution of a matter that cannot otherwise be resolved by the relevant specialised committee. The Committee on Agriculture, the Committee on Wines and Spirits, and the Joint Sectoral Group on Pharmaceuticals shall also be established under and report to the Committee on Trade in Goods;
(b)
the Committee on Services and Investment, which addresses matters concerning cross-border trade in services, investment, temporary entry, electronic commerce, and intellectual property rights related to services. At the request of a Party, or upon a reference from the relevant specialised committee, or when preparing a discussion in the CETA Joint Committee, the Committee on Services and Investment may also address matters arising in the area of financial services or government procurement if this facilitates the resolution of a matter that cannot otherwise be resolved by the relevant specialised committee.
A Joint Committee on Mutual Recognition of Professional Qualifications shall be established under and report to the Committee on Services and Investment;
(c)
the Joint Customs Cooperation Committee (JCCC), established under the 1998 
Agreement between the European Community and Canada on Customs Cooperation and Mutual Assistance in Customs Matters
, done at Ottawa on 4 December 1997, which addresses matters under this Agreement concerning rules of origin, origin procedures, customs and trade facilitation, border measures and temporary suspension of preferential tariff treatment;
(d)
the Joint Management Committee for Sanitary and Phytosanitary Measures, which addresses matters concerning sanitary and phytosanitary measures;
(e)
the Committee on Government Procurement, which addresses matters concerning government procurement;
(f)
the Financial Services Committee, which addresses matters concerning financial services;
(g)
the Committee on Trade and Sustainable Development, which addresses matters concerning sustainable development;
(h)
the Regulatory Cooperation Forum, which addresses matters concerning regulatory cooperation; and
(i)
the CETA Committee on Geographical Indications, which addresses matters concerning geographical indications.
2.   The specialised committees established pursuant to paragraph 1 shall operate according to the provisions of paragraphs 3 through 5.
3.   The remit and tasks of the specialised committees established pursuant to paragraph 1 are further defined in the relevant Chapters and Protocols of this Agreement.
4.   Unless otherwise provided under this Agreement, or if the co-chairs decide otherwise, the specialised committees shall meet once a year. Additional meetings may be held at the request of a Party or of the CETA Joint Committee. They shall be co-chaired by representatives of Canada and the European Union. The specialised committees shall set their meeting schedule and agenda by mutual consent. They shall set and modify their own rules of procedures, if they deem it appropriate. The specialised committees may propose draft decisions for adoption by the CETA Joint Committee, or take decisions when this Agreement so provides.
5.   Each Party shall ensure that when a specialised committee meets, all the competent authorities for each issue on the agenda are represented, as each Party deems appropriate, and that each issue can be discussed at the adequate level of expertise.
6.   The specialised committees shall inform the CETA Joint Committee of their schedules and agenda sufficiently in advance of their meetings and shall report to the CETA Joint Committee on results and conclusions from each of their meetings. The creation or existence of a specialised committee does not prevent a Party from bringing any matter directly to the CETA Joint Committee.
Article 26.3
Decision making
1.   The CETA Joint Committee shall, for the purpose of attaining the objectives of this Agreement, have the power to make decisions in respect of all matters when this Agreement so provides.
2.   The decisions made by the CETA Joint Committee shall be binding on the Parties, subject to the completion of any necessary internal requirements and procedures, and the Parties shall implement them. The CETA Joint Committee may also make appropriate recommendations.
3.   The CETA Joint Committee shall make its decisions and recommendations by mutual consent.
Article 26.4
Information sharing
When a Party submits to the CETA Joint Committee or any specialised committee established under this Agreement information considered as confidential or protected from disclosure under its laws, the other Party shall treat that information as confidential.
Article 26.5
CETA contact points
1.   Each Party shall promptly appoint a CETA contact point and notify the other Party within 60 days following the entry into force of this Agreement.
2.   The CETA contact points shall:
(a)
monitor the work of all institutional bodies established under this Agreement, including communications relating to successors to those bodies;
(b)
coordinate preparations for committee meetings;
(c)
follow up on any decisions made by the CETA Joint Committee, as appropriate;
(d)
except as otherwise provided in this Agreement, receive all notifications and information provided pursuant to this Agreement and, as necessary, facilitate communications between the Parties on any matter covered by this Agreement;
(e)
respond to any information requests pursuant to Article 27.2 (Provision of information); and
(f)
consider any other matter that may affect the operation of this Agreement as mandated by the CETA Joint Committee.
3.   The CETA contact points shall communicate as required.
Article 26.6
Meetings
1.   Meetings referred to in this Chapter should be in person. Parties may also agree to meet by videoconference or teleconference.
2.   The Parties shall endeavour to meet within 30 days after a Party receives a request to meet by the other Party.
CHAPTER TWENTY-SEVEN
Transparency
Article 27.1
Publication
1.   Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2.   To the extent possible, each Party shall:
(a)
publish in advance any such measure that it proposes to adopt; and
(b)
provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
Article 27.2
Provision of information
1.   At the request of the other Party, a Party shall, to the extent possible, promptly provide information and respond to questions pertaining to any existing or proposed measure that materially affects the operation of this Agreement.
2.   Information provided under this Article is without prejudice as to whether the measure is consistent with this Agreement.
Article 27.3
Administrative proceedings
To administer a measure of general application affecting matters covered by this Agreement in a consistent, impartial and reasonable manner, each Party shall ensure that its administrative proceedings applying measures referred to in Article 27.1 to a particular person, good or service of the other Party in a specific case:
(a)
whenever possible, provide reasonable notice to a person of the other Party who is directly affected by a proceeding, in accordance with domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of the issues in controversy;
(b)
provide a person referred to in subparagraph (a) a reasonable opportunity to present facts and arguments in support of its position prior to any final administrative action, when permitted by time, the nature of the proceeding, and the public interest; and
(c)
are conducted in accordance with its law.
Article 27.4
Review and appeal
1.   Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purpose of the prompt review and, if warranted, correction of final administrative actions regarding matters covered by this Agreement. Each Party shall ensure that its tribunals are impartial and independent of the office or authority entrusted with administrative enforcement and that they do not have any substantial interest in the outcome of the matter.
2.   Each Party shall ensure that, in any tribunals or procedures referred to in paragraph 1, the parties to the proceeding 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, if required by its law, the record compiled by the administrative authority.
3.   Each Party shall ensure, subject to appeal or further review as provided in its law, that such decisions are implemented by and govern the practice of the offices or authorities with respect to the administrative action at issue.
Article 27.5
Cooperation on promoting increased transparency
The Parties agree to cooperate in bilateral, regional and multilateral 
fora
 on ways to promote transparency in respect of international trade and investment.
CHAPTER TWENTY-EIGHT
Exceptions
Article 28.1
Definitions
For the purposes of this Chapter:
residence
 means residence for tax purposes;
tax convention
 means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and
tax
 and 
taxation measure
 includes an excise duty, but does not include:
(a)
a customs duty as defined in Article 1.1 (General definitions), and
(b)
a measure listed in exceptions (b) or (c) in the definition of ‘customs duty’ in Article 1.1 (General definitions).
Article 28.2
Party-specific definitions
For the purposes of this Chapter:
competition authority
 means:
(a)
for Canada, the Commissioner of Competition or a successor notified to the other Party through the CETA contact points; and
(b)
for the European Union, the Commission of the European Union with respect to its responsibilities pursuant to the competition laws of the European Union;
competition laws
 means:
(a)
for Canada, the 
Competition Act
, R.S.C. 1985, c. C-34; and
(b)
for the European Union, Articles 101, 102 and 106 of the 
Treaty on the Functioning of the European Union
, of 13 December 2007, Council Regulation (EC) No. 139/2004 of 20 January 2004 on the control of concentrations between undertakings, and their implementing regulations or amendments; and
information protected under its competition laws
 means:
(a)
for Canada, information within the scope of Section 29 of the 
Competition Act
, R.S.C. 1985, c. C-34; and
(b)
for the European Union, information within the scope of Article 28 of Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty or Article 17 of Council Regulation (EC) No. 139/2004 of 20 January 2004 on the control of concentrations between undertakings.
Article 28.3
General exceptions
1.   For the purposes of Article 30.8.5 (Termination, suspension or incorporation of other existing agreements), Chapters Two (National Treatment and Market Access for Goods), Five (Sanitary and Phytosanitary Measures), and Six (Customs and Trade Facilitation), the Protocol on rules of origin and origin procedures and Sections B (Establishment of investment) and C (Non-discriminatory treatment) of Chapter Eight (Investment), Article XX of the GATT 1994 is incorporated into and made part of this Agreement. The Parties understand that the measures referred to in Article XX (b) of the GATT 1994 include environmental measures necessary to protect human, animal or plant life or health. The Parties understand that Article XX(g) of the GATT 1994 applies to measures for the conservation of living and non-living exhaustible natural resources.
2.   For the purposes of Chapters Nine (Cross-Border Trade in Services), Ten (Temporary Entry and Stay of Natural Persons for Business Purposes), Twelve (Domestic Regulation), Thirteen (Financial Services), Fourteen (International Maritime Transport Services), Fifteen (Telecommunications), Sixteen (Electronic Commerce), and Sections B (Establishment of investments) and C (Non-discriminatory treatment) of Chapter Eight (Investment), 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 where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures necessary:
(a)
to protect public security or public morals or to maintain public order 
(
33
)
;
(b)
to protect human, animal or plant life or health 
(
34
)
; or
(c)
to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:
(i)
the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts;
(ii)
the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; or
(iii)
safety.
Article 28.4
Temporary safeguard measures with regard to capital movements and payments
1.   Where, in exceptional circumstances, capital movements and payments, including transfers, cause or threaten to cause serious difficulties for the operation of the economic and monetary union of the European Union, the European Union may impose safeguard measures that are strictly necessary to address such difficulties for a period not to exceed 180 days.
2.   Measures imposed by the European Union pursuant to paragraph 1 shall not constitute a means of arbitrary or unjustifiable discrimination in respect of Canada or its investors compared to a third country or its investors. The European Union shall inform Canada forthwith and present, as soon as possible, a schedule for the removal of such measures.
Article 28.5
Restrictions in case of serious balance of payments and external financial difficulties
1.   Where Canada or a Member State of the European Union that is not a member of the European Monetary Union experiences serious balance-of-payments or external financial difficulties, or threat thereof, it may adopt or maintain restrictive measures with regard to capital movements or payments, including transfers.
2.   Measures referred to in paragraph 1 shall:
(a)
not treat a Party less favourably than a third country in like situations;
(b)
be consistent with the 
Articles of Agreement of the International Monetary Fund
, done at Bretton Woods on 22 July 1944, as applicable;
(c)
avoid unnecessary damage to the commercial, economic and financial interests of a Party;
(d)
be temporary and phased out progressively as the situation specified in paragraph 1 improves and shall not exceed 180 days. If extremely exceptional circumstances arise such that a Party seeks to extend such measures beyond a period of 180 days, it will consult in advance with the other Party regarding the implementation of any proposed extension.
3.   In the case of trade in goods, a Party may adopt restrictive measures in order to safeguard its balance-of-payments or external financial position. Such measures shall be in accordance with the GATT 1994 and the 
Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994
, contained in Annex 1A to the WTO Agreement.
4.   In the case of trade in services, a Party may adopt restrictive measures in order to safeguard its balance-of-payments or external financial position. Such measures shall be in accordance with the GATS.
5.   A Party that adopts or maintains a measure referred to in paragraph 1 shall promptly notify the other Party and provide, as soon as possible, a schedule for its removal.
6.   Where the restrictions are adopted or maintained under this Article, consultations between the Parties shall be held promptly in the CETA Joint Committee, if such consultations are not otherwise taking place in a forum outside of this Agreement. The consultations held under this paragraph shall assess the balance-of-payments or external financial difficulty that led to the respective measures, taking into account, among other things, such factors as:
(a)
the nature and extent of the difficulties;
(b)
the external economic and trading environment; or
(c)
the availability of alternative corrective measures.
7.   The consultations pursuant to paragraph 6 shall address the compliance of any restrictive measures with paragraphs 1 through 4. The Parties shall accept all findings of statistical and other facts presented by the International Monetary Fund (‘IMF’) relating to foreign exchange, monetary reserves, balance-of-payments, and their conclusions shall be based on the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.
Article 28.6
National security
Nothing in this Agreement shall be construed:
(a)
to require a Party to furnish or allow access to information if that Party determines that the disclosure of this information would be contrary to its essential security interests; or
(b)
to prevent a Party from taking an action that it considers necessary to protect its essential security interests:
(i)
connected to the production of or traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods and materials, services and technology undertaken, and to economic activities, carried out directly or indirectly for the purpose of supplying a military or other security establishment 
(
35
)
;
(ii)
taken in time of war or other emergency in international relations; or
(iii)
relating to fissionable and fusionable materials or the materials from which they are derived; or
(c)
prevent a Party from taking any action in order to carry out its international obligations for the purpose of maintaining international peace and security.
Article 28.7
Taxation
1.   Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining any taxation measure that distinguishes between persons who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested.
2.   Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining any taxation measure aimed at preventing the avoidance or evasion of taxes pursuant to its tax laws or tax conventions.
3.   This Agreement does not affect the rights and obligations of a Party under a tax convention. In the event of inconsistency between this Agreement and a tax convention, that convention prevails to the extent of the inconsistency.
4.   Nothing in this Agreement or in any arrangement adopted under this Agreement shall apply:
(a)
to a taxation measure of a Party that provides a more favourable tax treatment to a corporation, or to a shareholder of a corporation, on the basis that the corporation is wholly or partly owned or controlled, directly or indirectly, by one or more investors who are residents of that Party;
(b)
to a taxation measure of a Party that provides an advantage relating to the contributions made to, or income of, an arrangement providing for the deferral of, or exemption from, tax for pension, retirement, savings, education, health, disability or other similar purposes, conditional on a requirement that that Party maintains continuous jurisdiction over such arrangement;
(c)
to a taxation measure of a Party that provides an advantage relating to the purchase or consumption of a particular service, conditional on a requirement that the service be provided in the territory of that Party;
(d)
to a taxation measure of a Party that is aimed at ensuring the equitable and effective imposition or collection of taxes, including a measure that is taken by a Party in order to ensure compliance with the Party's taxation system;
(e)
to a taxation measure that provides an advantage to a government, a part of a government, or a person that is directly or indirectly owned, controlled or established by a government;
(f)
to an existing non-conforming taxation measure not otherwise covered in paragraphs 1, 2 and 4(a) through (e), to the continuation or prompt renewal of such a measure, or an amendment of such a measure, provided that the amendment does not decrease its conformity with the provisions of this Agreement as it existed immediately before the amendment.
5.   For greater certainty, the fact that a taxation measure constitutes a significant amendment to an existing taxation measure, takes immediate effect as of its announcement, clarifies the intended application of an existing taxation measure, or has an unexpected impact on an investor or covered investment, does not, in and of itself, constitute a violation of Article 8.10 (Treatment of investors and of covered investments).
6.   Articles 8.7 (Most-favoured-nation treatment), 9.5 (Most-favoured-nation treatment) and 13.4 (Most-favoured-nation treatment) do not apply to an advantage accorded by a Party pursuant to a tax convention.
7.
(a)
Where an investor submits a request for consultations pursuant to Article 8.19 (Consultations) claiming that a taxation measure breaches an obligation under Sections C (Non-discriminatory treatment) or D (Investment protection) of Chapter Eight (Investment), the respondent may refer the matter for consultation and joint determination by the Parties as to whether:
(i)
the measure is a taxation measure;
(ii)
the measure, if it is found to be a taxation measure, breaches an obligation under Sections C (Non-discriminatory treatment) or D (Investment protection) of Chapter Eight (Investment); or
(iii)
there is an inconsistency between the obligations in this Agreement that are alleged to have been breached and those of a tax convention.
(b)
A referral pursuant to subparagraph (a) cannot be made later than the date the Tribunal fixes for the respondent to submit its counter-memorial. Where the respondent makes such a referral the time periods or proceedings specified in Section F (Resolution of investment disputes between investors and states) of Chapter Eight (Investment) shall be suspended. If within 180 days from the referral the Parties do not agree to consider the issue, or fail to make a joint determination, the suspension of the time periods or proceedings shall no longer apply and the investor may proceed with its claim.
(c)
A joint determination by the Parties pursuant to subparagraph (a) shall be binding on the Tribunal.
(d)
Each Party shall ensure that its delegation for the consultations to be conducted pursuant to subparagraph (a) shall include persons with relevant expertise on the issues covered by this Article, including representatives from the relevant tax authorities of each Party. For Canada, this means officials from the Department of Finance Canada.
8.   For greater certainty,
(a)
taxation measure of a Party
 means a taxation measure adopted at any level of government of a Party; and
(b)
for measures of a sub-national government, 
resident of a Party
, means either resident of that sub-national jurisdiction or resident of the Party of which it forms a part.
Article 28.8
Disclosure of information
1.   This Agreement does not require a Party to furnish or allow access to information which, if disclosed, would impede law enforcement or the disclosure of which is prohibited or restricted under its law.
2.   In the course of a dispute settlement procedure under this Agreement,
(a)
a Party is not required to furnish or allow access to information protected under its competition laws; and
(b)
a competition authority of a Party is not required to furnish or allow access to information that is privileged or otherwise protected from disclosure.
Article 28.9
Exceptions applicable to culture
The Parties recall the exceptions applicable to culture as set out in the relevant provisions of Chapters Seven (Subsidies), Eight (Investment), Nine (Cross-Border Trade in Services), Twelve (Domestic Regulation) and Nineteen (Government Procurement).
Article 28.10
WTO waivers
If a right or obligation in this Agreement duplicates one under the WTO Agreement, the Parties agree that a measure in conformity with a waiver decision adopted by the WTO pursuant to Article IX of the WTO Agreement is deemed to be also in conformity with the duplicated provision in this Agreement.
CHAPTER TWENTY-NINE
Dispute settlement
Section A
Initial provisions
Article 29.1
Cooperation
The Parties shall, at all times, endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
Article 29.2
Scope
Except as otherwise provided in this Agreement, this Chapter applies to any dispute concerning the interpretation or application of the provisions of this Agreement.
Article 29.3
Choice of forum
1.   Recourse to the dispute settlement provisions of this Chapter is without prejudice to recourse to dispute settlement under the WTO Agreement or under any other agreement to which the Parties are party.
2.   Notwithstanding paragraph 1, if an obligation is equivalent in substance under this Agreement and under the WTO Agreement, or under any other agreement to which the Parties are party, a Party may not seek redress for the breach of such an obligation in the two fora. In such case, once a dispute settlement proceeding has been initiated under one agreement, the Party shall not bring a claim seeking redress for the breach of the substantially equivalent obligation under the other agreement, unless the forum selected fails, for procedural or jurisdictional reasons, other than termination under paragraph 20 of Annex 29-A, to make findings on that claim.
3.   For the purposes of paragraph 2:
(a)
dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the DSU;
(b)
dispute settlement proceedings under this Chapter are deemed to be initiated by a Party's request for the establishment of an arbitration panel under Article 29.6; and
(c)
dispute settlement proceedings under any other agreement are deemed to be initiated by a Party's request for the establishment of a dispute settlement panel or tribunal in accordance with the provisions of that agreement.
4.   Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the WTO Dispute Settlement Body. A Party may not invoke the WTO Agreement to preclude the other Party from suspending obligations pursuant to this Chapter.
Section B
Consultations and mediation
Article 29.4
Consultations
1.   A Party may request in writing consultations with the other Party regarding any matter referred to in Article 29.2.
2.   The requesting Party shall transmit the request to the responding Party, and shall set out the reasons for the request, including the identification of the specific measure at issue and the legal basis for the complaint.
3.   Subject to paragraph 4, the Parties shall enter into consultations within 30 days of the date of receipt of the request by the responding Party.
4.   In cases of urgency, including those involving perishable or seasonal goods, or services that rapidly lose their trade value, consultations shall commence within 15 days of the date of receipt of the request by the responding Party.
5.   The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter through consultations. To this end, each Party shall:
(a)
provide sufficient information to enable a full examination of the matter at issue;
(b)
protect any confidential or proprietary information exchanged in the course of consultations as requested by the Party providing the information; and
(c)
make available the personnel of its government agencies or other regulatory bodies who have expertise in the matter that is the subject of the consultations.
6.   Consultations are confidential and without prejudice to the rights of the Parties in proceedings under this Chapter.
7.   Consultations shall take place in the territory of the responding Party unless the Parties agree otherwise. Consultations may be held in person or by any other means agreed to by the Parties.
8.   A Party's proposed measure may be the subject of consultations under this Article but may not be the subject of mediation under Article 29.5 or the dispute settlement procedures under Section C.
Article 29.5
Mediation
The Parties may have recourse to mediation with regard to a measure if the measure adversely affects trade and investment between the Parties. Mediation procedures are set out in Annex 29-C.
Section C
Dispute settlement procedures and compliance
Sub-section A
Dispute settlement procedures
Article 29.6
Request for the establishment of an arbitration panel
1.   Unless the Parties agree otherwise, if a matter referred to in Article 29.4 has not been resolved within:
(a)
45 days of the date of receipt of the request for consultations; or
(b)
25 days of the date of receipt of the request for consultations for matters referred to in Article 29.4.4,
the requesting Party may refer the matter to an arbitration panel by providing its written request for the establishment of an arbitration panel to the responding Party.
2.   The requesting Party shall identify in its written request the specific measure at issue and the legal basis for the complaint, including an explanation of how such measure constitutes a breach of the provisions referred to in Article 29.2.
Article 29.7
Composition of the arbitration panel
1.   The arbitration panel shall be composed of three arbitrators.
2.   The Parties shall consult with a view to reaching an agreement on the composition of the arbitration panel within 10 working days of the date of receipt by the responding Party of the request for the establishment of an arbitration panel.
3.   In the event that the Parties are unable to agree on the composition of the arbitration panel within the time frame set out in paragraph 2, either Party may request the Chair of the CETA Joint Committee, or the Chair's delegate, to draw by lot the arbitrators from the list established under Article 29.8. One arbitrator shall be drawn from the sub-list of the requesting Party, one from the sub-list of the responding Party and one from the sub-list of chairpersons. If the Parties have agreed on one or more of the arbitrators, any remaining arbitrator shall be selected by the same procedure in the applicable sub-list of arbitrators. If the Parties have agreed on an arbitrator, other than the chairperson, who is not a national of either Party, the chairperson and other arbitrator shall be selected from the sub-list of chairpersons.
4.   The Chair of the CETA Joint Committee, or the Chair's delegate, shall select the arbitrators as soon as possible and normally within five working days of the request referred to in paragraph 3 by either Party. The Chair, or the Chair's delegate, shall give a reasonable opportunity to representatives of each Party to be present when lots are drawn. One of the Chairpersons can perform the selection by lot alone if the other Chairperson was informed about the date, time and place of the selection by lot and did not accept to participate within five working days of the request referred to in paragraph 3.
5.   The date of establishment of the arbitration panel shall be the date on which the last of the three arbitrators is selected.
6.   If the list provided for in Article 29.8 is not established or if it does not contain sufficient names at the time a request is made pursuant to paragraph 3, the three arbitrators shall be drawn by lot from the arbitrators who have been proposed by one or both of the Parties in accordance with Article 29.8.1.
7.   Replacement of arbitrators shall take place only for the reasons and according to the procedure set out in paragraphs 21 through 25 of Annex 29-A.
Article 29.8
List of arbitrators
1.   The CETA Joint Committee shall, at its first meeting after the entry into force of this Agreement, establish a list of at least 15 individuals, chosen on the basis of objectivity, reliability and sound judgment, who are willing and able to serve as arbitrators. The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals who are not nationals of either Party to act as chairpersons. Each sub-list shall include at least five individuals. The CETA Joint Committee may review the list at any time and shall ensure that the list conforms with this Article.
2.   The arbitrators must have specialised knowledge of international trade law. The arbitrators acting as chairpersons must also have experience as counsel or panellist in dispute settlement proceedings on subject matters within the scope of this Agreement. The arbitrators shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct in Annex 29-B.
Article 29.9
Interim panel report
1.   The arbitration panel shall present to the Parties an interim report within 150 days of the establishment of the arbitration panel. The report shall contain:
(a)
findings of fact; and
(b)
determinations as to whether the responding Party has conformed with its obligations under this Agreement.
2.   Each Party may submit written comments to the arbitration panel on the interim report, subject to any time limits set by the arbitration panel. After considering any such comments, the arbitration panel may:
(a)
reconsider its report; or
(b)
make any further examination that it considers appropriate.
3.   The interim report of the arbitration panel shall be confidential.
Article 29.10
Final panel report
1.   Unless the Parties agree otherwise, the arbitration panel shall issue a report in accordance with this Chapter. The final panel report shall set out the findings of fact, the applicability of the relevant provisions of this Agreement and the basic rationale behind any findings and conclusions that it makes. The ruling of the arbitration panel in the final panel report shall be binding on the Parties.
2.   The arbitration panel shall issue to the Parties and to the CETA Joint Committee a final report within 30 days of the interim report.
3.   Each Party shall make publicly available the final panel report, subject to paragraph 39 of Annex 29-A.
Article 29.11
Urgent proceedings
In cases of urgency, including those involving perishable or seasonal goods, or services that rapidly lose their trade value, the arbitration panel and the Parties shall make every effort to accelerate the proceedings to the greatest extent possible. The arbitration panel shall aim at issuing an interim report to the Parties within 75 days of the establishment of the arbitration panel, and a final report within 15 days of the interim report. Upon request of a Party, the arbitration panel shall make a preliminary ruling within 10 days of the request on whether it deems the case to be urgent.
Sub-section B
Compliance
Article 29.12
Compliance with the final panel report
The responding Party shall take any measure necessary to comply with the final panel report. No later than 20 days after the receipt of the final panel report by the Parties, the responding Party shall inform the other Party and the CETA Joint Committee of its intentions in respect of compliance.
Article 29.13
Reasonable period of time for compliance
1.   If immediate compliance is not possible, no later than 20 days after the receipt of the final panel report by the Parties, the responding Party shall notify the requesting Party and the CETA Joint Committee of the period of time it will require for compliance.
2.   In the event of disagreement between the Parties on the reasonable period of time in which to comply with the final panel report, the requesting Party shall, within 20 days of the receipt of the notification made under paragraph 1 by the responding Party, request in writing the arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the CETA Joint Committee. The arbitration panel shall issue its ruling to the Parties and to the CETA Joint Committee within 30 days from the date of the request.
3.   The reasonable period of time may be extended by mutual agreement of the Parties.
4.   At any time after the midpoint in the reasonable period of time and at the request of the requesting Party, the responding Party shall make itself available to discuss the steps it is taking to comply with the final panel report.
5.   The responding Party shall notify the other Party and the CETA Joint Committee before the end of the reasonable period of time of measures that it has taken to comply with the final panel report.
Article 29.14
Temporary remedies in case of non-compliance
1.   If:
(a)
the responding Party fails to notify its intention to comply with the final panel report under Article 29.12 or the time it will require for compliance under Article 29.13.1;
(b)
at the expiry of the reasonable period of time, the responding Party fails to notify any measure taken to comply with the final panel report; or
(c)
the arbitration panel on compliance referred to in paragraph 6 establishes that a measure taken to comply is inconsistent with that Party's obligations under the provisions referred to in Article 29.2,
the requesting Party shall be entitled to suspend obligations or receive compensation. The level of the nullification and impairment shall be calculated starting from the date of notification of the final panel report to the Parties.
2.   Before suspending obligations, the requesting Party shall notify the responding Party and the CETA Joint Committee of its intention to do so, including the level of obligations it intends to suspend.
3.   Except as otherwise provided in this Agreement, the suspension of obligations may concern any provision referred to in Article 29.2 and shall be limited at a level equivalent to the nullification or impairment caused by the violation.
4.   The requesting Party may implement the suspension 10 working days after the date of receipt of the notification referred to in paragraph 2 by the responding Party, unless a Party has requested arbitration under paragraphs 6 and 7.
5.   A disagreement between the Parties concerning the existence of any measure taken to comply or its consistency with the provisions referred to in Article 29.2 (‘disagreement on compliance’), or on the equivalence between the level of suspension and the nullification or impairment caused by the violation (‘disagreement on equivalence’), shall be referred to the arbitration panel.
6.   A Party may reconvene the arbitration panel by providing a written request to the arbitration panel, the other Party and the CETA Joint Committee. In case of a disagreement on compliance, the arbitration panel shall be reconvened by the requesting Party. In case of a disagreement on equivalence, the arbitration panel shall be reconvened by the responding Party. In case of disagreements on both compliance and on equivalence, the arbitration panel shall rule on the disagreement on compliance before ruling on the disagreement on equivalence.
7.   The arbitration panel shall notify its ruling to the Parties and to the CETA Joint Committee accordingly:
(a)
within 90 days of the request to reconvene the arbitration panel, in case of a disagreement on compliance;
(b)
within 30 days of the request to reconvene the arbitration panel, in case of a disagreement on equivalence;
(c)
within 120 days of the first request to reconvene the arbitration panel, in case of a disagreement on both compliance and equivalence.
8.   The requesting Party shall not suspend obligations until the arbitration panel reconvened under paragraphs 6 and 7 has delivered its ruling. Any suspension shall be consistent with the arbitration panel's ruling.
9.   The suspension of obligations shall be temporary and shall be applied only until the measure found to be inconsistent with the provisions referred to in Article 29.2 has been withdrawn or amended so as to bring it into conformity with those provisions, as established under Article 29.15, or until the Parties have settled the dispute.
10.   At any time, the requesting Party may request the responding Party to provide an offer for temporary compensation and the responding Party shall present such offer.
Article 29.15
Review of measures taken to comply after the suspension of obligations
1.   When, after the suspension of obligations by the requesting Party, the responding Party takes measures to comply with the final panel report, the responding Party shall notify the other Party and the CETA Joint Committee and request an end to the suspension of obligations applied by the requesting Party.
2.   If the Parties do not reach an agreement on the compatibility of the notified measure with the provisions referred to in Article 29.2 within 60 days of the date of receipt of the notification, the requesting Party shall request in writing the arbitration panel to rule on the matter. Such request shall be notified simultaneously to the other Party and to the CETA Joint Committee. The final panel report shall be notified to the Parties and to the CETA Joint Committee within 90 days of the date of submission of the request. If the arbitration panel rules that any measure taken to comply is in conformity with the provisions referred to in Article 29.2, the suspension of obligations shall be terminated.
Section D
General Provisions
Article 29.16
Rules of procedure
Dispute settlement procedure under this Chapter shall be governed by the rules of procedure for arbitration in Annex 29-A, unless the Parties agree otherwise.
Article 29.17
General rule of interpretation
The arbitration panel shall interpret the provisions of this Agreement in accordance with customary rules of interpretation of public international law, including those set out in the 
Vienna Convention on the Law of Treaties
. The arbitration panel shall also take into account relevant interpretations in reports of Panels and the Appellate Body adopted by the WTO Dispute Settlement Body.
Article 29.18
Rulings of the arbitration panel
The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided for in this Agreement.
Article 29.19
Mutually agreed solutions
The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time. They shall notify the CETA Joint Committee and the arbitration panel of any such solution. Upon notification of the mutually agreed solution, the arbitration panel shall terminate its work and the proceedings shall be terminated.
CHAPTER THIRTY
Final provisions
Article 30.1
Integral parts of this Agreement
The protocols, annexes, declarations, joint declarations, understandings and footnotes to this Agreement constitute integral parts thereof.
Article 30.2
Amendments
1.   The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force after the Parties exchange written notifications certifying that they have completed their respective applicable internal requirements and procedures necessary for the entry into force of the amendment, or on the date agreed by the Parties.
2.   Notwithstanding paragraph 1, the CETA Joint Committee may decide to amend the protocols and annexes of this Agreement. The Parties may approve the CETA Joint Committee's decision in accordance with their respective internal requirements and procedures necessary for the entry into force of the amendment. The decision shall enter into force on a date agreed by the Parties. This procedure shall not apply to amendments to Annexes I, II and III and to amendments to the annexes of Chapters Eight (Investment), Nine (Cross-Border Trade in Services), Ten (Temporary Entry and Stay of Natural Persons for Business Purposes) and Thirteen (Financial Services), except for Annex 10-A (List of Contact Points of the Member States of the European Union).
Article 30.3
Preference utilisation
For a period of 10 years after the entry into force of this Agreement, the Parties shall exchange quarterly figures at the tariff line level for HS Chapters 1 through 97, on imports of goods from the other Party that are subject to MFN-applied tariff rates and tariff preferences under this Agreement. Unless the Parties decide otherwise, this period will be renewed for five years and may be subsequently extended by them.
Article 30.4
Current account
The Parties shall authorise, in freely convertible currency and in accordance with Article VIII of the 
Articles of Agreement of the International Monetary Fund
 done at Bretton Woods on 22 July 1944, any payments and transfers on the current account of the balance of payments between the Parties.
Article 30.5
Movement of capital
The Parties shall consult each other with a view to facilitating the movement of capital between them by continuing to implement their policies regarding the liberalisation of the capital and financial account, and by supporting a stable and secure framework for long term investment.
Article 30.6
Private rights
1.   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, nor as permitting this Agreement to be directly invoked in the domestic legal systems of the Parties.
2.   A Party shall not provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
Article 30.7
Entry into force and provisional application
1.   The Parties shall approve this Agreement in accordance with their respective internal requirements and procedures.
2.   This Agreement shall enter into force on the first day of the second month following the date the Parties exchange written notifications certifying that they have completed their respective internal requirements and procedures or on such other date as the Parties may agree.
3.
(a)
The Parties may provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other that their respective internal requirements and procedures necessary for the provisional application of this Agreement have been completed or on such other date as the Parties may agree.
(b)
If a Party intends not to provisionally apply a provision of this Agreement, it shall first notify the other Party of the provisions that it will not provisionally apply and shall offer to enter into consultations promptly. Within 30 days of the notification, the other Party may either object, in which case this Agreement shall not be provisionally applied, or provide its own notification of equivalent provisions of this Agreement, if any, that it does not intend to provisionally apply. If within 30 days of the second notification, an objection is made by the other Party, this Agreement shall not be provisionally applied.
The provisions that are not subject to a notification by a Party shall be provisionally applied by that Party from the first day of the month following the later notification, or on such other date as the Parties may agree, provided the Parties have exchanged notifications under subparagraph (a).
(c)
A Party may terminate the provisional application of this Agreement by written notice to the other Party. Such termination shall take effect on the first day of the second month following that notification.
(d)
If this Agreement, or certain provisions of this Agreement, is provisionally applied, the Parties shall understand the term ‘entry into force of this Agreement’ as meaning the date of provisional application. The CETA Joint Committee and other bodies established under this Agreement may exercise their functions during the provisional application of this Agreement. Any decisions adopted in the exercise of their functions will cease to be effective if the provisional application of this Agreement is terminated under subparagraph (c).
4.   Canada shall submit notifications under this Article to the General Secretariat of the Council of the European Union or its successor. The European Union shall submit notifications under this Article to Canada's Department of Foreign Affairs, Trade and Development or its successor.
Article 30.8
Termination, suspension or incorporation of other existing agreements
1.   The agreements listed in Annex 30-A shall cease to have effect, and shall be replaced and superseded by this Agreement. Termination of the agreements listed in Annex 30-A shall take effect from the date of entry into force of this Agreement.
2.   Notwithstanding paragraph 1, a claim may be submitted under an agreement listed in Annex 30-A in accordance with the rules and procedures established in the agreement if:
(a)
the treatment that is object of the claim was accorded when the agreement was not terminated; and
(b)
no more than three years have elapsed since the date of termination of the agreement.
3.   The 
Agreement between the European Economic Community and Canada concerning Trade and Commerce in Alcoholic Beverages
, done at Brussels on 28 February 1989, as amended, (the ‘1989 Alcoholic Beverages Agreement’) and the 
Agreement between the European Community and Canada on Trade in Wines and Spirit Drinks
, done at Niagara-on-the-Lake on 16 September 2003 (the ‘2003 Wines and Spirit Drinks Agreement’) are incorporated into and made part of this Agreement, as amended by Annex 30-B.
4.   The provisions of the 1989 Alcoholic Beverages Agreement or the 2003 Wines and Spirit Drinks Agreement, as amended and incorporated into this Agreement, prevail to the extent that there is an inconsistency between the provisions of those agreements and any other provision of this Agreement.
5.   The 
Agreement on Mutual Recognition between the European Community and Canada
 (the ‘Agreement on Mutual Recognition’), done at London on 14 May 1998, shall be terminated from the date of entry into force of this Agreement. In the event of provisional application of Chapter Four (Technical Barriers to Trade) in accordance with Article 30.7.3(a), the Agreement on Mutual Recognition, as well as the rights and obligations derived therefrom, shall be suspended as of the date of provisional application. In the event the provisional application is terminated, the suspension of the Agreement on Mutual Recognition shall cease.
6.   The Parties recognise the achievements that have been accomplished under the 
Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products
, done at Ottawa on 17 December 1998 (the ‘Veterinary Agreement’) and confirm their intention to continue this work under this Agreement. The Veterinary Agreement shall be terminated from the date of entry into force of this Agreement. In the event of provisional application of Chapter Five (Sanitary and Phytosanitary Measures) in accordance with Article 30.7.3(a), the Veterinary Agreement, as well as the rights and obligations derived therefrom, shall be suspended as of the date of provisional application. In the event the provisional application is terminated, the suspension of the Veterinary Agreement shall cease.
7.   The definition of ‘entry into force of this Agreement’ in Article 30.7.3(d) shall not apply to this Article.
Article 30.9
Termination
1.   A Party may denounce this Agreement by giving written notice of termination to the General Secretariat of the Council of the European Union and the Department of Foreign Affairs, Trade and Development of Canada, or their respective successors. This Agreement shall be terminated 180 days after the date of that notice. The Party giving a notice of termination shall also provide the CETA Joint Committee with a copy of the notice.
2.   Notwithstanding paragraph 1, in the event that this Agreement is terminated, the provisions of Chapter Eight (Investment) shall continue to be effective for a period of 20 years after the date of termination of this Agreement in respect of investments made before that date.
Article 30.10
Accession of new Member States of the European Union
1.   The European Union shall notify Canada of any request made by a country to accede to the European Union.
2.   During the negotiations between the European Union and the country seeking accession, the European Union shall:
(a)
provide, upon the request of Canada, and to the extent possible, any information regarding any matter covered by this Agreement; and
(b)
take into account any concerns expressed by Canada.
3.   The European Union shall notify Canada of the entry into force of any accession to the European Union.
4.   Sufficiently in advance of the date of accession of a country to the European Union, the CETA Joint Committee shall examine any effects of the accession on this Agreement and shall decide on any necessary adjustment or transition measures.
5.   Any new Member State of the European Union shall accede to this Agreement from the date of its accession to the European Union by means of a clause to that effect in the act of accession to the European Union. If the act of accession to the European Union does not provide for the automatic accession of the European Union Member State to this Agreement, the European Union Member State concerned shall accede to this Agreement by depositing an act of accession to this Agreement with the General Secretariat of the Council of the European Union and the Department of Foreign Affairs, Trade and Development of Canada, or their respective successors.
Article 30.11
Authentic texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each version being equally authentic.
Съставено в Брюксел на тридесети октомври през две хиляди и шестнадесета година.
Hecho en Bruselas, el treinta de octubre de dos mil dieciséis.
V Bruselu dne třicátého října dva tisíce šestnáct.
Udfærdiget i Bruxelles den tredivte oktober to tusind og seksten.
Geschehen zu Brüssel am dreißigsten Oktober zweitausendsechzehn.
Kahe tuhande kuueteistkümnenda aasta oktoobrikuu kolmekümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις τριάντα Οκτωβρίου δύο χιλιάδες δεκαέξι.
Done at Brussels on the thirtieth day of October in the year two thousand and sixteen.
Fait à Bruxelles, le trente octobre deux mille seize.
Sastavljeno u Bruxellesu tridesetog listopada godine dvije tisuće šesnaeste.
Fatto a Bruxelles, addì trenta ottobre duemilasedici.
Briselē, divi tūkstoši sešpadsmitā gada trīsdesmitajā oktobrī.
Priimta du tūkstančiai šešioliktų metų spalio trisdešimtą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-tizenhatodik év október havának harmincadik napján.
Magħmul fi Brussell, fit-tletin jum ta’ Ottubru fis-sena elfejn u sittax.
Gedaan te Brussel, dertig oktober tweeduizend zestien.
Sporządzono w Brukseli dnia trzydziestego października roku dwa tysiące szesnastego.
Feito em Bruxelas, em trinta de outubro de dois mil e dezasseis.
Întocmit la Bruxelles la treizeci octombrie două mii șaisprezece.
V Bruseli tridsiateho októbra dvetisícšestnásť.
V Bruslju, dne tridesetega oktobra leta dva tisoč šestnajst.
Tehty Brysselissä kolmantenakymmenentenä päivänä lokakuuta vuonna kaksituhattakuusitoista.
Som skedde i Bryssel den trettionde oktober år tjugohundrasexton.
Voor het Koninkrijk België
Pour le Royaume de Belgique
Für das Königreich Belgien
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
За Република България
Za Českou republiku
For Kongeriget Danmark
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Thar cheann Na hÉireann
For Ireland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Za Republiku Hrvatsku
Per la Repubblica italiana
Για την Κυπριακή Δημοκρατία
Latvijas Republikas vārdā –
Lietuvos Respublikos vardu
Pour la Grand-Duché de Luxembourg
Magyarország részéről
Għar-Repubblika ta' Malta
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
Pentru România
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
For Canada
Pour le Canada
(
1
)
  For the following goods of HS Chapter 89, regardless of their origin, that re-enter the territory of Canada from the territory of the European Union, and are registered under the 
Canada Shipping Act, 2001
, Canada may apply to the value of repair or alteration of such goods, the rate of customs duty for such goods in accordance with its Schedule included in Annex 2-A (Tariff Elimination): 8901 10 10, 8901 10 90, 8901 30 00, 8901 90 10, 8901 90 91, 8901 90 99, 8904 00 00, 8905 20 19, 8905 20 20, 8905 90 19, 8905 90 90, 8906 90 19, 8906 90 91, 8906 90 99.
(
2
)
  The European Union will implement this paragraph through the outward processing procedure in Regulation (EU) No 952/2013 in a manner consistent with this paragraph.
(
3
)
  The European Union will implement this paragraph through the inward processing procedure in Regulation (EU) No 952/2013 in a manner consistent with this paragraph.
(
4
)
  For the purpose of this Article, 
interested parties
 are defined as per Article 6.11 of the Anti-Dumping Agreement and Article 12.9 of the SCM Agreement.
(
5
)
  For greater certainty, the obligations of this Chapter apply to the Exclusive Economic Zones and Continental Shelves, as provided in the 
United Nations Convention on the Law of the Sea
, done at Montego Bay on 10 December 1982:
(a)
of Canada as referred to in Article 1.3(a) (Geographical scope of application); and
(b)
to which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied as referred to in Article 1.3(b) (Geographical scope of application).
(
6
)
  For greater certainty, a Party may maintain measures with respect to the establishment or acquisition of a covered investment and continue to apply such measures to the covered investment after it has been established or acquired.
(
7
)
  These services include services when an aircraft is being used to carry out specialised activities in sectors including agriculture, construction, photography, surveying, mapping, forestry, observation and patrol, or advertising, if the specialised activity is provided by the person that is responsible for the operation of the aircraft.
(
8
)
  Sub-subparagraphs 1(a) (i), (ii) and (iii) do not cover measures taken in order to limit the production of an agricultural good.
(
9
)
  In the case of the European Union, ‘subsidy’ includes ‘state aid’ as defined in its law.
(
10
)
  In the case of the European Union, ‘competent authority’ is the European Commission, in accordance with Article 108 of the Treaty on the Functioning of the European Union.
(
11
)
  Either Party may instead propose to appoint up to five Members of the Tribunal of any nationality. In this case, such Members of the Tribunal shall be considered to be nationals of the Party that proposed his or her appointment for the purposes of this Article.
(
12
)
  For greater certainty, the fact that a person receives remuneration from a government does not in itself make that person ineligible.
(
13
)
  These services include services when an aircraft is being used to carry out specialised activities in sectors including agriculture, construction, photography, surveying, mapping, forestry, observation and patrol, or advertising, if the specialised activity is provided by the person that is responsible for the operation of the aircraft.
(
14
)
  The length of stay permitted under this Chapter may not be taken into consideration in the context of an application for citizenship in a Member State of the European Union.
(
15
)
  This is without prejudice to the rights granted to Canada under bilateral visa waivers by Member States of the European Union
(
16
)
  The professional experience must have been obtained after having reached the age of majority.
(
17
)
  If the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory. The Parties shall apply Annex 10-C, subject to the reservations in Annex 10-E, for the purposes of assessing such equivalence.
(
18
)
  For greater certainty, the natural person must be engaged by the enterprise for the fulfilment of the services contract pursuant to which temporary entry is sought.
(
19
)
  If the degree or qualification was not obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory. The Parties shall apply Annex 10-C, subject to the reservations in Annex 10-E, for the purposes of assessing such equivalence.
(
20
)
  This is without prejudice to the rights granted under bilateral visa waivers by Member States of the European Union.
(
21
)
  With the exception of Malta.
(
22
)
  This Chapter does not apply to fishing vessels as defined under a Party's law.
(
23
)
  For the purposes of this Chapter for the European Union, flying the flag of a Party means flying the flag of a Member State of the European Union.
(
24
)
  This paragraph does not apply to vessels or international maritime transport service suppliers that are subject to the 
Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
, done in Rome on 22 November 2009.
(
25
)
  
            
non-discriminatory
 means treatment no less favourable than that accorded to any other enterprise when using like public telecommunications transport networks or services in like situations.
(
26
)
  For greater certainty, the granting of a licence to a limited number of enterprises in allocating a scarce resource through objective, proportional and non-discriminatory criteria is not in and of itself a special right.
(
27
)
  The expression ‘ammunition’ in this Article is considered equivalent to the expression ‘munitions’.
(
28
)
  For greater certainty, this paragraph applies equally to the term ‘Feta’.
(
29
)
  For greater certainty, this paragraph applies equally to the term ‘Feta’.
(
30
)
  For greater certainty, with respect to data protection, a ‘chemical entity’ in Canada includes a biologic or radiopharmaceutical which is regulated as a new drug under the Food and Drug Regulations of Canada.
(
31
)
  The Parties shall apply this provision in accordance with rule 42 of the Rules of Procedure for Arbitration set out in Annex 29-A.
(
32
)
  The Parties shall apply this provision in accordance with rule 42 of the Rules of Procedure for Arbitration set out in Annex 29-A.
(
33
)
  The public security and public order exceptions may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.
(
34
)
  The Parties understand that the measures referred to in subparagraph (b) include environmental measures necessary to protect human, animal or plant life or health.
(
35
)
  The expression ‘traffic in arms, ammunition and implements of war’ in this Article is equivalent to the expression ‘trade in arms, munitions and war material’.
ANNEX 2-A
TARIFF ELIMINATION
1.
For the purposes of this Annex including each Party's Schedule to this Annex, Year 1 means the period of time beginning on the date of entry into force of this Agreement and ending on December 31 of the same calendar year that this Agreement enters into force. Year 2 shall begin on the January 1 following the date of entry into force of this Agreement, with each subsequent tariff reduction taking effect on January 1 of each subsequent year.
2.
Except as otherwise provided in this Annex, the Parties shall eliminate all customs duties on originating goods, of Chapters 1 through 97 of the Harmonized System that provide for a most-favoured-nation (‘MFN’) rate of customs duty, imported from the other Party upon the date of entry into force of this Agreement.
3.
For originating goods from the other Party set out in each Party's Schedule to this Annex, the following staging categories apply to the elimination of customs duties by each Party pursuant to Article 2.4:
(a)
duties on originating goods provided for in the items in staging category A in a Party's Schedule shall be eliminated on the date this Agreement enters into force;
(b)
duties on originating goods provided for in the items in staging category B in a Party's Schedule shall be removed in four equal stages beginning on the date this Agreement enters into force, and such goods shall be duty-free, effective January 1 of year 4;
(c)
duties on originating goods provided for in the items in staging category C in a Party's Schedule shall be removed in six equal stages beginning on the date this Agreement enters into force, and such goods shall be duty-free, effective January 1 of year 6;
(d)
duties on originating goods provided for in the items in staging category D in a Party's Schedule shall be removed in eight equal stages beginning on the date this Agreement enters into force, and such goods shall be duty-free, effective January 1 of year 8.
For greater certainty, when the European Union applies a customs duty for the items 1001 11 00, 1001 19 00, high quality common wheat of items ex 1001 99 00, 1002 10 00 and 1002 90 00, at a level and in a manner so that the duty-paid import price for a specified cereal will not be greater than the effective intervention price, or if there is a modification of the current system, the effective support price, increased by 55 per cent as set out in Commission Regulation (EC) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) of Council Regulation (EC) No 1234/2007 
(
1
)
, the European Union shall apply the tariff elimination staging category towards any calculated duty that would be applied as per the above regulation, as follows:
Year
Applied Duty
1
87.5 % of the duty calculated as per EC Reg. 642/2010
2
75 % of the duty calculated as per EC Reg. 642/2010
3
62.5 % of the duty calculated as per EC Reg. 642/2010
4
50 % of the duty calculated as per EC Reg. 642/2010
5
37.5 % of the duty calculated as per EC Reg. 642/2010
6
25 % of the duty calculated as per EC Reg. 642/2010
7
12.5 % of the duty calculated as per EC Reg. 642/2010
8 and each subsequent year
0 % of the duty calculated as per EC Reg. 642/2010 (duty-free)
(e)
duties on originating goods provided for in the items in staging category S in a Party's Schedule shall be removed in three equal stages beginning on the fifth anniversary of the date of entry into force of this Agreement, and these goods shall be duty-free, effective January 1 of year 8;
(f)
the 
ad valorem
 component of the customs duties on originating goods provided for in the items in staging category ‘AV0+EP’ in a Party's Schedule shall be eliminated upon the date of entry into force of this Agreement; the tariff elimination shall apply to the 
ad valorem
 duty only; the specific duty resulting from the entry price system applicable for these originating goods shall be maintained; and
(g)
duties on originating goods provided for in the items in staging category E in a Party's Schedule are exempt from tariff elimination.
4.
The base rate for determining the interim staged rate of customs duty for an item shall be the MFN customs duty rate applied on 9 June 2009.
5.
For the purpose of the elimination of customs duties in accordance with Article 2.4, interim staged 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 0.001 of the official monetary unit of the Party.
Tariff Rate Quotas
6.
For the administration in Year 1 of each tariff rate quota established under this Agreement, the Parties shall calculate the volume of that tariff rate quota by discounting the prorated volume corresponding to the period running between January 1 and the date of entry into force of this Agreement. This calculated in-quota quantity shall be made available on the date this Agreement enters into force.
Processed shrimps transitional tariff rate quota
7.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TQShrimps’ in the European Union's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes
 (
2
)
)
1 through to 7
23 000
(b)
The European Union shall:
(i)
administer this tariff rate quota on a first-come first-served basis;
(ii)
administer this tariff rate quota on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year; and
(iii)
not impose any end-use restriction on the imported good as a condition of the application for or use of this tariff rate quota.
(c)
Prepared or preserved shrimps and prawns exported from Canada under Section B of Appendix 1 (Origin Quotas) to Annex 5 (Product Specific Rules of Origin) of the Protocol on rules of origin and origin procedures shall not be imported into the European Union under this tariff rate quota.
(d)
Subparagraphs (a) and (b) apply to processed shrimps classified in the following tariff lines: 1605 29 00, 1605 21 90, ex 0306 16 10, ex 0306 17 10, ex 0306 26 10, and ex 0306 27 10, excluding in immediate packings of a net content not exceeding 2 kg.
Frozen cod transitional tariff rate quota
8.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TQCod’ in the European Union's Schedule to this Annex and listed in subparagraph (c) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes
 (
3
)
)
1 through to 7
1 000
(b)
The European Union shall:
(i)
administer this tariff rate quota on a first-come first-served basis;
(ii)
administer this tariff rate quota on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year; and
(iii)
not impose any specific end-use restriction on the imported good as a condition of the application for or use of this tariff rate quota.
(c)
This paragraph applies to frozen cod, classified in tariff lines 0304 71 90 and 0304 79 10.
Low and Medium Quality Common Wheat transitional tariff rate quota
9.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TQCW’ in the European Union's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes)
1 through to 7
100 000
(b)
The European Union shall administer this tariff rate quota in accordance with the terms of Commission Regulation (EC) No. 1067/2008 of 30 October 2008.
(c)
The above aggregate duty-free quantities shall include, beginning in year 1, the 38 853 tonne allocation to Canada as set out in Commission Regulation (EC) No. 1067/2008.
(d)
This paragraph applies to common wheat of a quality, other than high quality, classified in tariff line ex 1001 99 00.
Sweetcorn Tariff Rate Quota
10.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TQSC’ in the European Union's Schedule to this Annex and listed in subparagraph (c) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes
 (
4
)
)
1
1 333
2
2 667
3
4 000
4
5 333
5
6 667
6 and each subsequent year
8 000
(b)
The European Union shall:
(i)
administer this tariff rate quota on a first-come first-served basis; and
(ii)
administer this tariff rate quota on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
(c)
This paragraph applies to the following tariff lines: 0710 40 00 (only available during the time period leading up to the elimination of duties for such good as per the staging category applicable to this item in the European Union's Schedule to this Annex) and 2005 80 00.
Bison Tariff Rate Quota
11.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TQB3’ in the European Union's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes — Carcass Weight Equivalent)
1 and each subsequent year
3 000
(b)
When calculating quantities imported, the conversion factors specified in paragraph 21 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
(c)
The European Union shall:
(i)
administer this tariff rate quota on a first-come first-served basis; and
(ii)
administer this tariff rate quota on a calendar year basis with the full in-quota quantity to be made available on January 1 of each year.
(d)
This paragraph applies to bison classified in the following tariff lines:
ex 0201 10 00, ex 0201 20 20, ex 0201 20 30, ex 0201 20 50, ex 0201 20 90, ex 0201 30 00, ex 0202 10 00, ex 0202 20 10, ex 0202 20 30, ex 0202 20 50, ex 0202 20 90, ex 0202 30 10, ex 0202 30 50, ex 0202 30 90, ex 0206 10 95, ex 0206 29 91, ex 0210 20 10, ex 0210 20 90, ex 0210 99 51, ex 0210 99 59
Fresh or Chilled Beef and Veal Tariff Rate Quota
12.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TQB1’ in the European Union's Schedule to this Annex and listed in subparagraph (f) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes — Carcass Weight Equivalent)
1
5 140
2
10 280
3
15 420
4
20 560
5
25 700
6 and each subsequent year
30 840
(b)
The aggregate annual duty-free quantities in the table above shall be increased, beginning in year 1, by 3 200 metric tonnes product weight (4 160 metric tonnes carcass weight equivalent) resulting from the application of Council Regulation (EC) No 617/2009 of 13 July 2009 opening an autonomous tariff quota for imports of high-quality beef.
(c)
When calculating quantities imported, the conversion factors specified in paragraph 21 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
(d)
The European Union shall administer this tariff rate quota, including the additional quantities as outlined in subparagraph (b), either through an import licensing system as outlined in the Declaration on Tariff Rate Quota Administration or as otherwise agreed to between the Parties.
(e)
Notwithstanding subparagraph (d), paragraphs 19 and 20 shall apply to this paragraph.
(f)
This paragraph applies to beef and veal classified in the following tariff lines:
ex 0201 10 00, ex 0201 20 20, ex 0201 20 30, ex 0201 20 50, ex 0201 20 90, ex 0201 30 00 and ex 0206 10 95.
Frozen or Other Beef and Veal Tariff Rate Quota
13.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TQB2’ in the European Union's Schedule to this Annex and listed in subparagraph (e) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes — Carcass Weight Equivalent)
1
2 500
2
5 000
3
7 500
4
10 000
5
12 500
6 and each subsequent year
15 000
(b)
When calculating quantities imported, the conversion factors specified in paragraph 21 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
(c)
The European Union shall administer this tariff rate quota either through an import licensing system as outlined in the Declaration on Tariff Rate Quota Administration or as otherwise agreed to between the Parties.
(d)
Notwithstanding subparagraph (c), paragraphs 19 and 20 shall apply to this paragraph.
(e)
This paragraph applies to beef and veal classified in the following tariff lines:
ex 0202 10 00, ex 0202 20 10, ex 0202 20 30, ex 0202 20 50, ex 0202 20 90, ex 0202 30 10, ex 0202 30 50, ex 0202 30 90, ex 0206 29 91, ex 0210 20 10, ex 0210 20 90, ex 0210 99 51 and ex 0210 99 59.
High Quality Fresh, Chilled and Frozen Meat of Bovine Animals Tariff Rate Quota
14.
Originating goods that are exported from Canada and are imported into the European Union through the European Union's existing WTO tariff quota for high quality fresh, chilled and frozen meat of bovine animals covered by CN tariff headings ex 0201 and ex 0202 and for products covered by CN tariff lines ex 0206 10 95 and ex 0206 29 91 of 11 500 tonnes product weight, as set out in Commission Implementing Regulation (EU) No 593/2013 of 21 June 2013, shall be duty-free on the date this Agreement enters into force.
Pork Tariff Rate Quota
15.
(a)
Originating goods in the following aggregate quantities and provided for in items listed with the notation ‘TQP’ in the European Union's Schedule to this Annex and listed in subparagraph (f) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes — Carcass Weight Equivalent)
1
12 500
2
25 000
3
37 500
4
50 000
5
62 500
6 and each subsequent year
75 000
(b)
The aggregate annual duty-free quantities in the table above shall be increased, beginning in year 1, by 4 624 metric tonnes product weight (5 549 metric tonnes carcass weight equivalent) pursuant to the volume established in the European Union's Canada-specific WTO tariff quota for pig-meat.
(c)
When calculating quantities imported, the conversion factors specified in paragraph 21 shall be utilized to convert Product Weight to Carcass Weight Equivalent.
(d)
The European Union shall administer this tariff rate quota, including the additional quantities from the European Union's Canada-specific WTO tariff quota for pig-meat as outlined in subparagraph (b), either through an import licensing system as outlined in the Declaration on Tariff Rate Quota Administration or as otherwise agreed to between the Parties.
(e)
Notwithstanding subparagraph (d), paragraphs 19 and 20 shall apply to this paragraph.
(f)
This paragraph applies to the following tariff lines:
0203 12 11, 0203 12 19, 0203 19 11, 0203 19 13, 0203 19 15, 0203 19 55, 0203 19 59, 0203 22 11, 0203 22 19, 0203 29 11, 0203 29 13, 0203 29 15, 0203 29 55, 0203 29 59, 0210 11 11, 0210 11 19, 0210 11 31, and 0210 11 39.
Cheese Tariff Rate Quota
16.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TRQ Cheese’ in Canada's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes
 (
5
)
)
1
2 667
2
5 333
3
8 000
4
10 667
5
13 333
6 and each subsequent year
16 000
(b)
Canada shall administer this tariff rate quota either through an import licensing system as outlined in the Declaration on Tariff Rate Quota Administration or as otherwise agreed to between the Parties.
(c)
Notwithstanding subparagraph (b), paragraphs 19 and 20 shall apply to this paragraph.
(d)
This paragraph applies to the following tariff lines:
0406 10 10, 0406 20 11, 0406 20 91, 0406 30 10, 0406 40 10, 0406 90 11, 0406 90 21, 0406 90 31, 0406 90 41, 0406 90 51, 0406 90 61, 0406 90 71, 0406 90 81, 0406 90 91, 0406 90 93, 0406 90 95, and 0406 90 98.
Industrial Cheese Tariff Rate Quota
17.
(a)
Originating goods in the following aggregate quantities and provided for in items with the notation ‘TRQ Industrial Cheese’ in Canada's Schedule to this Annex and listed in subparagraph (d) shall be duty-free in the years specified below:
Year
Aggregate Annual Quantity
(Metric Tonnes
 (
6
)
)
1
283
2
567
3
850
4
1 133
5
1 417
6 and each subsequent year
1 700
(b)
Canada shall administer this tariff rate quota either through an import licensing system as outlined in the Declaration on Tariff Rate Quota Administration or as otherwise agreed to between the Parties.
(c)
Notwithstanding subparagraph (b), paragraphs 19 and 20 shall apply to this paragraph.
(d)
This paragraph applies to industrial cheese, which means cheese used as ingredients for further food processing (secondary manufacturing) imported in bulk (not for retail sale), classified in the following tariff lines:
ex 0406 10 10, ex 0406 20 11, ex 0406 20 91, ex 0406 30 10, ex 0406 40 10, ex 0406 90 11, ex 0406 90 21, ex 0406 90 31, ex 0406 90 41, ex 0406 90 51, ex 0406 90 61, ex 0406 90 71, ex 0406 90 81, ex 0406 90 91, ex 0406 90 93, ex 0406 90 95, and ex 0406 90 98.
WTO Cheese Tariff Rate Quota
18.
Canada shall reallocate, beginning in year 1 of this Agreement, 800 tonnes of Canada's 20 411 866 kilogram WTO Tariff Rate Quota for cheese to the European Union.
Under-fill mechanism
19.
With respect to the tariff rate quotas set out in paragraphs 12, 13, 15, 16, and 17:
(a)
If a tariff rate quota is under-filled, defined as less than 75 per cent of the annual aggregate quantity actually imported into the Party under the tariff rate quota in a given year, the Parties shall meet, upon the request of a Party, in the framework of the Committee on Agriculture established under Article 26.2.1 (a) (Specialised committees) in order to promptly address the underlying causes of the under-fill or any other questions affecting the smooth operation of the tariff rate quota.
(b)
If a tariff rate quota is under-filled, defined as less than 75 per cent of the annual aggregate quantity actually imported into the Party under the tariff rate quota in a given year for three consecutive years, and where such under-fill is not linked to scarce supply or demand of the relevant good, the administration of the quota for the following year(s) shall be made on a first-come first-served basis. To demonstrate scarce supply or demand, a Party shall clearly demonstrate on a quantifiable basis that either adequate supply to fill the tariff rate quota is not available in the country of export or that the tariff rate quota quantity could not be consumed in the importing market. If the Parties disagree on the reasons leading to under-fill, the matter shall be subject to binding arbitration at the request of a Party.
(c)
If subsequent to the under-fill referred to in subparagraph (b), there is full use of the tariff rate quota, defined as 90 per cent or more of the annual aggregate quantity actually imported into the Party under the tariff rate quota in a given year for two consecutive years, the Parties may consider returning to a licencing system following consultations between the Parties on the necessity and opportunity of such reversion and on the features of such licencing system.
Review clause
20.
(a)
With respect to the tariff rate quotas set out in paragraphs 12, 13, 15, 16, and 17, both at the mid-term and at the end of the phase-in period of any of these tariff rate quotas, or at any other time upon motivated request of a Party, the Parties shall review the operation of the relevant tariff rate quota administration system in light notably of its effectiveness in ensuring quota utilisation, market conditions, and administrative burdens associated with the system for the economic operators and for the Parties.
(b)
With respect to the tariff rate quotas set out in paragraphs 16 and 17, the review referred to in subparagraph (a) shall also include the allocation method allowing for new entrants.
(c)
With respect to the tariff rate quotas set out in paragraphs 12, 13, and 15, the review referred to in subparagraph (a) shall also include the consequences of any tariff rate quota administration modalities agreed with a third country for the same goods in the framework of other trade negotiations involving the Parties and would include the possibility of providing the option to the exporting Party of transitioning to the approach agreed to in another agreement. The conditions of competition in North America will be a necessary part of the review.
Conversion Factors
21.
With respect to the tariff rate quotas set out in paragraphs 11, 12, 13, and 15, the following conversion factors shall be utilized to convert Product Weight to Carcass Weight Equivalent:
(a)
Tariff Rate Quotas set out in paragraphs 11, 12 and 13:
Tariff Line
Tariff Line Description
(for illustrative purposes only)
Conversion Factor
0201 10 00
Carcases or half-carcases of bovine animals, fresh or chilled
100 %
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 (excl. carcases and half-carcases, ‘compensated quarters’, forequarters and hindquarters)
100 %
0201 30 00
Fresh or chilled bovine meat, boneless
130 %
0206 10 95
Fresh or chilled bovine thick and thin skirt (excl. for manufacture of pharmaceutical products)
100 %
0202 10 00
Frozen bovine carcases and half-carcases
100 %
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 (excl. 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, excl. 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 (excl. 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 29 91
Frozen bovine thick and thin skirt (excl. 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 %
0210 99 59
Edible offal of bovine animals, salted, in brine, dried or smoked (excl. thick skirt and thin skirt)
100 %
(b)
Tariff Rate Quota set out in paragraph 15:
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 %
0203 12 19
Fresh or chilled with bone in, domestic swine shoulders and cuts thereof
100 %
0203 19 11
Fresh or chilled fore-ends and cuts thereof of domestic swine
100 %
0203 19 13
Fresh or chilled loins and cuts bone-in thereof of domestic swine
100 %
0203 19 15
Fresh or chilled bellies ‘streaky’ and cuts thereof of domestic swine
100 %
0203 19 55
Fresh or chilled boneless meat of domestic swine (excl. bellies and cuts thereof)
120 %
0203 19 59
Fresh or chilled meat of domestic swine, with bone in (excl. carcases and half-carcases, hams, shoulders and cuts thereof, and fore-ends, loins, bellies and cuts thereof)
100 %
0203 22 11
Frozen bone-in hams and cuts thereof of domestic swine
100 %
0203 22 19
Frozen bone-in shoulders and cuts thereof of domestic swine
100 %
0203 29 11
Frozen fore-ends and cuts thereof of domestic swine
100 %
0203 29 13
Frozen loins and cuts thereof of domestic swine, with bone in
100 %
0203 29 15
Frozen bellies ‘streaky’ and cuts thereof of domestic swine
100 %
0203 29 55
Frozen boneless meat of domestic swine (excl. bellies and cuts thereof)
120 %
0203 29 59
Frozen meat of domestic swine, with bone in (excl. carcases and half-carcases, hams, shoulders and cuts thereof, and fore-ends, loins, bellies and cuts thereof)
100 %
0210 11 11
Domestic swine hams and cuts thereof, salted or in brine, with bone in
100 %
0210 11 19
Domestic swine shoulders and cuts thereof, salted or in brine, with bone in
100 %
0210 11 31
Domestic swine hams and cuts thereof, dried or smoked, with bone in
120 %
0210 11 39
Domestic swine shoulders and cuts thereof, dried or smoked, with bone in
120 %
(
1
)
  
            
OJ L 187, 21.7.2010, p. 5
.
(
2
)
  Expressed in net weight.
(
3
)
  Expressed in net weight.
(
4
)
  Expressed in net weight.
(
5
)
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(
6
)
  Expressed in net weight.
ANNEX 2-A
Tariff Schedule of Canada
Tariff Item
Description
Base Rate
Staging Category
Note
0105 11 22
Broilers for domestic production: Over access commitment
238 % but not less than 30.8¢ each
E
SSG
0105 94 92
Other: Over access commitment
238 % but not less than $1.25/kg
E
SSG
0105 99 12
Turkeys: Over access commitment
154.5 % but not less than $1.60/kg
E
SSG
0207 11 92
Other: Over access commitment
238 % but not less than $1.67/kg
E
SSG
0207 12 92
Other: Over access commitment
238 % but not less than $1.67/kg
E
SSG
0207 13 92
Other: Over access commitment, bone in
249 % but not less than $3.78/kg
E
SSG
0207 13 93
Other: Over access commitment, boneless
249 % but not less than $6.74/kg
E
SSG
0207 14 22
Livers: Over access commitment
238 % but not less than $6.45/kg
E
SSG
0207 14 92
Other: Over access commitment, bone in
249 % but not less than $3.78/kg
E
SSG
0207 14 93
Other: Over access commitment, boneless
249 % but not less than $6.74/kg
E
SSG
0207 24 12
Canner pack: Over access commitment
154.5 % but not less than $2.11/kg
E
SSG
0207 24 92
Other: Over access commitment
154.5 % but not less than $1.95/kg
E
SSG
0207 25 12
Canner pack: Over access commitment
154.5 % but not less than $2.11/kg
E
SSG
0207 25 92
Other: Over access commitment
154.5 % but not less than $1.95/kg
E
SSG
0207 26 20
Over access commitment, bone in
165 % but not less than $2.94/kg
E
SSG
0207 26 30
Over access commitment, boneless
165 % but not less than $4.82/kg
E
SSG
0207 27 12
Livers: Over access commitment
154.5 % but not less than $4.51/kg
E
SSG
0207 27 92
Other: Over access commitment, bone in
165 % but not less than $2.94/kg
E
SSG
0207 27 93
Other: Over access commitment, boneless
165 % but not less than $4.82/kg
E
SSG
0209 90 20
Fat of fowls of the species 
Gallus domesticus
, over access commitment
249 % but not less than $6.74/kg
E
SSG
0209 90 40
Fat of turkeys, over access commitment
165 % but not less than $4.82/kg
E
SSG
0210 99 12
Meat of poultry: Of fowls of the species 
Gallus domesticus
, over access commitment, bone in
249 % but not less than $5.81/kg
E
SSG
0210 99 13
Meat of poultry: Of fowls of the species 
Gallus domesticus
, over access commitment, boneless
249 % but not less than $10.36/kg
E
SSG
0210 99 15
Meat of poultry: Of turkeys, over access commitment, bone in
165 % but not less than $3.67/kg
E
SSG
0210 99 16
Meat of poultry: Of turkeys, over access commitment, boneless
165 % but not less than $6.03/kg
E
SSG
0401 10 20
Over access commitment
241 % but not less than $34.50/hl
E
SSG
0401 20 20
Over access commitment
241 % but not less than $34.50/hl
E
SSG
0401 40 20
Over access commitment
292.5 % but not less than $2.48/kg
E
SSG
0401 50 20
Over access commitment
292.5 % but not less than $2.48/kg
E
SSG
0402 10 20
Over access commitment
201.5 % but not less than $2.01/kg
E
SSG
0402 21 12
Milk: Over access commitment
243 % but not less than $2.82/kg
E
SSG
0402 21 22
Cream: Over access commitment
295.5 % but not less than $4.29/kg
E
SSG
0402 29 12
Milk: Over access commitment
243 % but not less than $2.82/kg
E
SSG
0402 29 22
Cream: Over access commitment
295.5 % but not less than $4.29/kg
E
SSG
0402 91 20
Over access commitment
259 % but not less than 78.9¢/kg
E
SSG
0402 99 20
Over access commitment
255 % but not less than 95.1¢/kg
E
SSG
0403 10 20
Over access commitment
237.5 % but not less than 46.6¢/kg
E
SSG
0403 90 12
Powdered buttermilk: Over access commitment
208 % but not less than $2.07/kg
E
SSG
0403 90 92
Other: Over access commitment
216.5 % but not less than $2.15/kg
E
SSG
0404 10 22
Powdered whey: Over access commitment
208 % but not less than $2.07/kg
E
SSG
0404 10 90
Other
11 %
C
0404 90 20
Over access commitment
270 % but not less than $3.15/kg
E
SSG
0405 10 20
Over access commitment
298.5 % but not less than $4.00/kg
E
SSG
0405 20 20
Over access commitment
274.5 % but not less than $2.88/kg
E
SSG
0405 90 20
Over access commitment
313.5 % but not less than $5.12/kg
E
SSG
0406 10 10
Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 10 20
Over access commitment
245.5 % but not less than $4.52/kg
E
SSG
0406 20 11
Cheddar and Cheddar types: Within access commitment
2.84¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 20 12
Cheddar and Cheddar types: Over access commitment
245.5 % but not less than $3.58/kg
E
SSG
0406 20 91
Other: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 20 92
Other: Over access commitment
245.5 % but not less than $5.11/kg
E
SSG
0406 30 10
Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 30 20
Over access commitment
245.5 % but not less than $4.34/kg
E
SSG
0406 40 10
Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 40 20
Over access commitment
245.5 % but not less than $5.33/kg
E
SSG
0406 90 11
Cheddar and Cheddar types: Within access commitment
2.84¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 12
Cheddar and Cheddar types: Over access commitment
245.5 % but not less than $3.53/kg
E
SSG
0406 90 21
Camembert and Camembert types: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 22
Camembert and Camembert types: Over access commitment
245.5 % but not less than $5.78/kg
E
SSG
0406 90 31
Brie and Brie types: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 32
Brie and Brie types: Over access commitment
245.5 % but not less than $5.50/kg
E
SSG
0406 90 41
Gouda and Gouda types: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 42
Gouda and Gouda types: Over access commitment
245.5 % but not less than $4.23/kg
E
SSG
0406 90 51
Provolone and Provolone types: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 52
Provolone and Provolone types: Over access commitment
245.5 % but not less than $5.08/kg
E
SSG
0406 90 61
Mozzarella and Mozzarella types: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 62
Mozzarella and Mozzarella types: Over access commitment
245.5 % but not less than $3.53/kg
E
SSG
0406 90 71
Swiss/Emmental and Swiss/Emmental types: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 72
Swiss/Emmental and Swiss/Emmental types: Over access commitment
245.5 % but not less than $4.34/kg
E
SSG
0406 90 81
Gruyère and Gruyère types: Within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 82
Gruyère and Gruyère types: Over access commitment
245.5 % but not less than $5.26/kg
E
SSG
0406 90 91
Other: Havarti and Havarti types, within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 92
Other: Havarti and Havarti types, over access commitment
245.5 % but not less than $4.34/kg
E
SSG
0406 90 93
Other: Parmesan and Parmesan types, within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 94
Other: Parmesan and Parmesan types, over access commitment
245.5 % but not less than $5.08/kg
E
SSG
0406 90 95
Other: Romano and Romano types, within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 96
Other: Romano and Romano types, over access commitment
245.5 % but not less than $5.15/kg
E
SSG
0406 90 98
Other: Other, within access commitment
3.32¢/kg
A
TRQ Cheese, TRQ Industrial Cheese
0406 90 99
Other: Other, over access commitment
245.5 % but not less than $3.53/kg
E
SSG
0407 11 12
Hatching, for broilers: Over access commitment
238 % but not less than $2.91/dozen
E
SSG
0407 11 92
Other: Over access commitment
163.5 % but not less than 79.9¢/dozen
E
SSG
0407 21 20
Over access commitment
163.5 % but not less than 79.9¢/dozen
E
SSG
0407 90 12
Of the fowls of the species 
Gallus domesticus
: Over access commitment
163.5 % but not less than 79.9¢/dozen
E
SSG
0408 11 20
Over access commitment
$6.12/kg
E
SSG
0408 19 20
Over access commitment
$1.52/kg
E
SSG
0408 91 20
Over access commitment
$6.12/kg
E
SSG
0408 99 20
Over access commitment
$1.52/kg
E
SSG
0603 11 00
Roses
10.5 %
B
0603 13 10
Cymbidium
16 %
B
0603 13 90
Other
12.5 %
B
0603 14 00
Chrysanthemums
8 %
B
1003 10 12
For malting purposes: Over access commitment
94.5 %
C
1003 90 12
For malting purposes: Over access commitment
94.5 %
C
1107 10 12
Whole: Over access commitment
$157.00/tonne
C
1107 10 92
Other: Over access commitment
$160.10/tonne
C
1107 20 12
Whole: Over access commitment
$141.50/tonne
C
1108 13 00
Potato starch
10.5 %
C
1517 10 20
Over access commitment
82.28¢/kg
E
SSG
1517 90 22
Substitutes for butter: Over access commitment
218 % but not less than $2.47/kg
E
SSG
1601 00 22
Of fowls of the species 
Gallus domesticus
, other than in cans or glass jars: Other than spent fowl, over access commitment
238 %
E
SSG
1601 00 32
Of turkeys, other than in cans or glass jars: Over access commitment
154.5 %
E
SSG
1602 20 22
Paste, of fowls of the species 
Gallus domesticus
, not in cans or glass jars: Over access commitment
238 %
E
SSG
1602 20 32
Paste, of turkeys, not in cans or glass jars: Over access commitment
154.5 %
E
SSG
1602 31 13
Prepared meals: Other, over access commitment, bone in
169.5 % but not less than $3.76/kg
E
SSG
1602 31 14
Prepared meals: Other, over access commitment, boneless
169.5 % but not less than $6.18/kg
E
SSG
1602 31 94
Other: Other, over access commitment, bone in
165 % but not less than $3.67/kg
E
SSG
1602 31 95
Other: Other, over access commitment, boneless
165 % but not less than $6.03/kg
E
SSG
1602 32 13
Prepared meals: Other, over access commitment, bone in
253 % but not less than $5.91/kg
E
SSG
1602 32 14
Prepared meals: Other, over access commitment, boneless
253 % but not less than $10.54/kg
E
SSG
1602 32 94
Other: Other, over access commitment, bone in
249 % but not less than $5.81/kg
E
SSG
1602 32 95
Other: Other, over access commitment, boneless
249 % but not less than $10.36/kg
E
SSG
1701 91 90
Other
$30.86/tonne
S
1701 99 90
Other
$30.86/tonne
S
1806 20 22
Chocolate ice cream mix or ice milk mix: Over access commitment
265 % but not less than $1.15/kg
E
SSG
1806 90 12
Chocolate ice cream mix or ice milk mix: Over access commitment
265 % but not less than $1.15/kg
E
SSG
1901 20 12
In packages of a weight not exceeding 11.34 kg each: Containing more than 25 % by weight of butterfat, not put up for retail sale, over access commitment
246 % but not less than $2.85/kg
E
SSG
1901 20 22
In bulk or in packages of a weight exceeding 11.34 kg each: Containing more than 25 % by weight of butterfat, not put up for retail sale, over access commitment
244 % but not less than $2.83/kg
E
SSG
1901 90 32
Food preparations of goods of headings 04.01  to 04.04 , containing more than 10 % but less than 50 % on a dry weight basis of milk solids: Ice cream mixes or ice milk mixes, over access commitment
267.5 % but not less than $1.16/kg
E
SSG
1901 90 34
Food preparations of goods of headings 04.01  to 04.04 , containing more than 10 % but less than 50 % on a dry weight basis of milk solids: Other, not put up for retail sale, over access commitment
250.5 % but not less than $2.91/kg
E
SSG
1901 90 52
Food preparations of goods of headings 04.01  to 04.04 , containing 50 % or more on a dry weight basis of milk solids: Ice cream mixes or ice milk mixes, over access commitment
267.5 % but not less than $1.16/kg
E
SSG
1901 90 54
Food preparations of goods of headings 04.01  to 04.04 , containing 50 % or more on a dry weight basis of milk solids: Other, not put up for retail sale, over access commitment
250.5 % but not less than $2.91/kg
E
SSG
2105 00 92
Other: Over access commitment
277 % but not less than $1.16/kg
E
SSG
2106 90 32
Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Milk, cream or butter substitutes, containing 50 % or more by weight of dairy content, over access commitment
212 % but not less than $2.11/kg
E
SSG
2106 90 34
Milk, cream or butter substitutes and preparations suitable for use as butter substitutes: Preparations, containing more than 15 % by weight of milk fat but less than 50 % by weight of dairy content, suitable for use as butter substitutes, over access commitment
212 % but not less than $2.11/kg
E
SSG
2106 90 52
Egg preparations: Over access commitment
$1.45/kg
E
SSG
2106 90 94
Other: Containing 50 % or more by weight of dairy content, over access commitment
274.5 % but not less than $2.88/kg
E
SSG
2202 90 43
Beverages containing milk: Other, containing 50 % or more by weight of dairy content, not put up for retail sale, over access commitment
256 % but not less than $36.67/hl
E
SSG
2309 90 32
Complete feeds and feed supplements, including concentrates: Containing 50 % or more by weight in the dry state of non-fat milk solids, over access commitment
205.5 % but not less than $1.64/kg
E
SSG
3502 11 20
Over access commitment
$6.12/kg
E
SSG
3502 19 20
Over access commitment
$1.52/kg
E
SSG
8702 10 10
For the transport of 16 or more persons, including the driver
6.1 %
C
8702 10 20
For the transport of ten to 15 persons, including the driver
6.1 %
C
8702 90 10
For the transport of 16 or more persons, including the driver
6.1 %
C
8702 90 20
For the transport of ten to 15 persons, including the driver
6.1 %
C
8703 21 90
Other
6.1 %
C
8703 22 00
Of a cylinder capacity exceeding 1 000  cc but not exceeding 1 500  cc
6.1 %
D
8703 23 00
Of a cylinder capacity exceeding 1 500  cc but not exceeding 3 000  cc
6.1 %
D
8703 24 00
Of a cylinder capacity exceeding 3 000  cc
6.1 %
D
8703 31 00
Of a cylinder capacity not exceeding 1 500  cc
6.1 %
D
8703 32 00
Of a cylinder capacity exceeding 1 500  cc but not exceeding 2 500  cc
6.1 %
D
8703 33 00
Of a cylinder capacity exceeding 2 500  cc
6.1 %
D
8703 90 00
Other
6.1 %
C
8704 21 90
Other
6.1 %
B
8704 22 00
g.v.w. exceeding 5 tonnes but not exceeding 20 tonnes
6.1 %
B
8704 23 00
g.v.w. exceeding 20 tonnes
6.1 %
B
8704 31 00
g.v.w. not exceeding 5 tonnes
6.1 %
B
8704 32 00
g.v.w. exceeding 5 tonnes
6.1 %
B
8901 10 10
Of dimensions exceeding a length of 294.13 m and a beam of 32.31 m
25 %
D
8901 10 90
Other
25 %
D
8901 30 00
Refrigerated vessels, other than those of subheading 8901 20
25 %
B
8901 90 10
Open vessels
15 %
B
8901 90 91
Other: Of dimensions exceeding a length of 294.13 m and a beam of 32.31 m
25 %
B
8901 90 99
Other: Other
25 %
B
8904 00 00
Tugs and pusher craft.
25 %
D
8905 20 19
Drilling platforms: Other
20 %
B
8905 20 20
Production platforms
25 %
B
8905 90 19
Drill-ships, drilling barges and floating drilling rigs: Other
20 %
B
8905 90 90
Other
25 %
B
8906 90 19
Open vessels: Other
15 %
B
8906 90 91
Other: Of dimensions exceeding a length of 294.13 m and a beam of 32.31 m
25 %
B
8906 90 99
Other: Other
25 %
B
Tariff Schedule of the European Union
Tariff Item (CN2015)
CN2015 Description (see note 1)
Base Rate
Staging Category
Note
0105 11 91
– – – –
Laying stocks
52 €/1 000  p/st
E
0105 11 99
– – – –
Other
52 €/1 000  p/st
E
0105 94 00
– –
Fowls of the species 
Gallus domesticus
20.9 €/100 kg/net
E
0105 99 30
– – –
Turkeys
23.8 €/100 kg/net
E
0201 10 00
–
Carcases and half-carcases
12.8 + 176.8 €/100 kg/net
E
TQB1, TQB3
0201 20 20
– –
‘Compensated’ quarters
12.8 + 176.8 €/100 kg/net
E
TQB1, TQB3
0201 20 30
– –
Unseparated or separated forequarters
12.8 + 141.4 €/100 kg/net
E
TQB1, TQB3
0201 20 50
– –
Unseparated or separated hindquarters
12.8 + 212.2 €/100 kg/net
E
TQB1, TQB3
0201 20 90
– –
Other
12.8 + 265.2 €/100 kg/net
E
TQB1, TQB3
0201 30 00
–
Boneless
12.8 + 303.4 €/100 kg/net
E
TQB1, TQB3
0202 10 00
–
Carcases and half-carcases
12.8 + 176.8 €/100 kg/net
E
TQB2, TQB3
0202 20 10
– –
‘Compensated’ quarters
12.8 + 176.8 €/100 kg/net
E
TQB2, TQB3
0202 20 30
– –
Unseparated or separated forequarters
12.8 + 141.4 €/100 kg/net
E
TQB2, TQB3
0202 20 50
– –
Unseparated or separated hindquarters
12.8 + 221.1 €/100 kg/net
E
TQB2, TQB3
0202 20 90
– –
Other
12.8 + 265.3 €/100 kg/net
E
TQB2, TQB3
0202 30 10
– –
Forequarters, whole or cut into a maximum of five pieces, each quarter being in a single block; ‘compensated’ quarters in two blocks, one of which contains the forequarter, whole or cut into a maximum of five pieces, and the other, the hindquarter, excluding the tenderloin, in one piece
12.8 + 221.1 €/100 kg/net
E
TQB2, TQB3
0202 30 50
– –
Crop, chuck-and-blade and brisket cuts
12.8 + 221.1 €/100 kg/net
E
TQB2, TQB3
0202 30 90
– –
Other
12.8 + 304.1 €/100 kg/net
E
TQB2, TQB3
0203 12 11
– – – –
Hams and cuts thereof
77.8 €/100 kg/net
E
TQP
0203 12 19
– – – –
Shoulders and cuts thereof
60.1 €/100 kg/net
E
TQP
0203 19 11
– – – –
Fore-ends and cuts thereof
60.1 €/100 kg/net
E
TQP
0203 19 13
– – – –
Loins and cuts thereof, with bone in
86.9 €/100 kg/net
E
TQP
0203 19 15
– – – –
Bellies (streaky) and cuts thereof
46.7 €/100 kg/net
E
TQP
0203 19 55
– – – – –
Boneless
86.9 €/100 kg/net
E
TQP
0203 19 59
– – – – –
Other
86.9 €/100 kg/net
E
TQP
0203 22 11
– – – –
Hams and cuts thereof
77.8 €/100 kg/net
E
TQP
0203 22 19
– – – –
Shoulders and cuts thereof
60.1 €/100 kg/net
E
TQP
0203 29 11
– – – –
Fore-ends and cuts thereof
60.1 €/100 kg/net
E
TQP
0203 29 13
– – – –
Loins and cuts thereof, with bone in
86.9 €/100 kg/net
E
TQP
0203 29 15
– – – –
Bellies (streaky) and cuts thereof
46.7 €/100 kg/net
E
TQP
0203 29 55
– – – – –
Boneless
86.9 €/100 kg/net
E
TQP
0203 29 59
– – – – –
Other
86.9 €/100 kg/net
E
TQP
0205 00 80
–
Frozen
5.1
B
0206 10 95
– – –
Thick skirt and thin skirt
12.8 + 303.4 €/100 kg/net
E
TQB1, TQB3
0206 29 91
– – – –
Thick skirt and thin skirt
12.8 + 304.1 €/100 kg/net
E
TQB2, TQB3
0206 80 91
– – –
Of horses, asses, mules and hinnies
6.4
B
0206 90 91
– – –
Of horses, asses, mules and hinnies
6.4
B
0207 11 10
– – –
Plucked and gutted, with heads and feet, known as ‘83 % chickens’
26.2 €/100 kg/net
E
0207 11 30
– – –
Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % chickens’
29.9 €/100 kg/net
E
0207 11 90
– – –
Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘65 % chickens’, or otherwise presented
32.5 €/100 kg/net
E
0207 12 10
– – –
Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘70 % chickens’
29.9 €/100 kg/net
E
0207 12 90
– – –
Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘65 % chickens’, or otherwise presented
32.5 €/100 kg/net
E
0207 13 10
– – – –
Boneless
102.4 €/100 kg/net
E
0207 13 20
– – – – –
Halves or quarters
35.8 €/100 kg/net
E
0207 13 30
– – – – –
Whole wings, with or without tips
26.9 €/100 kg/net
E
0207 13 40
– – – – –
Backs, necks, backs with necks attached, rumps and wing-tips
18.7 €/100 kg/net
E
0207 13 50
– – – – –
Breasts and cuts thereof
60.2 €/100 kg/net
E
0207 13 60
– – – – –
Legs and cuts thereof
46.3 €/100 kg/net
E
0207 13 70
– – – – –
Other
100.8 €/100 kg/net
E
0207 13 91
– – – –
Livers
6.4
E
0207 13 99
– – – –
Other
18.7 €/100 kg/net
E
0207 14 10
– – – –
Boneless
102.4 €/100 kg/net
E
0207 14 20
– – – – –
Halves or quarters
35.8 €/100 kg/net
E
0207 14 30
– – – – –
Whole wings, with or without tips
26.9 €/100 kg/net
E
0207 14 40
– – – – –
Backs, necks, backs with necks attached, rumps and wing-tips
18.7 €/100 kg/net
E
0207 14 50
– – – – –
Breasts and cuts thereof
60.2 €/100 kg/net
E
0207 14 60
– – – – –
Legs and cuts thereof
46.3 €/100 kg/net
E
0207 14 70
– – – – –
Other
100.8 €/100 kg/net
E
0207 14 91
– – – –
Livers
6.4
E
0207 14 99
– – – –
Other
18.7 €/100 kg/net
E
0207 24 10
– – –
Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘80 % turkeys’
34 €/100 kg/net
E
0207 24 90
– – –
Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘73 % turkeys’, or otherwise presented
37.3 €/100 kg/net
E
0207 25 10
– – –
Plucked and drawn, without heads and feet but with necks, hearts, livers and gizzards, known as ‘80 % turkeys’
34 €/100 kg/net
E
0207 25 90
– – –
Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as ‘73 % turkeys’, or otherwise presented
37.3 €/100 kg/net
E
0207 26 10
– – – –
Boneless
85.1 €/100 kg/net
E
0207 26 20
– – – – –
Halves or quarters
41 €/100 kg/net
E
0207 26 30
– – – – –
Whole wings, with or without tips
26.9 €/100 kg/net
E
0207 26 40
– – – – –
Backs, necks, backs with necks attached, rumps and wing-tips
18.7 €/100 kg/net
E
0207 26 50
– – – – –
Breasts and cuts thereof
67.9 €/100 kg/net
E
0207 26 60
– – – – – –
Drumsticks and cuts of drumsticks
25.5 €/100 kg/net
E
0207 26 70
– – – – – –
Other
46 €/100 kg/net
E
0207 26 80
– – – – –
Other
83 €/100 kg/net
E
0207 26 91
– – – –
Livers
6.4
E
0207 26 99
– – – –
Other
18.7 €/100 kg/net
E
0207 27 10
– – – –
Boneless
85.1 €/100 kg/net
E
0207 27 20
– – – – –
Halves or quarters
41 €/100 kg/net
E
0207 27 30
– – – – –
Whole wings, with or without tips
26.9 €/100 kg/net
E
0207 27 40
– – – – –
Backs, necks, backs with necks attached, rumps and wing-tips
18.7 €/100 kg/net
E
0207 27 50
– – – – –
Breasts and cuts thereof
67.9 €/100 kg/net
E
0207 27 60
– – – – – –
Drumsticks and cuts thereof
25.5 €/100 kg/net
E
0207 27 70
– – – – – –
Other
46 €/100 kg/net
E
0207 27 80
– – – – –
Other
83 €/100 kg/net
E
0207 27 91
– – – –
Livers
6.4
E
0207 27 99
– – – –
Other
18.7 €/100 kg/net
E
0210 11 11
– – – – –
Hams and cuts thereof
77.8 €/100 kg/net
E
TQP
0210 11 19
– – – – –
Shoulders and cuts thereof
60.1 €/100 kg/net
E
TQP
0210 11 31
– – – – –
Hams and cuts thereof
151.2 €/100 kg/net
E
TQP
0210 11 39
– – – – –
Shoulders and cuts thereof
119 €/100 kg/net
E
TQP
0210 20 10
– –
With bone in
15.4 + 265.2 €/100 kg/net
E
TQB2, TQB3
0210 20 90
– –
Boneless
15.4 + 303.4 €/100 kg/net
E
TQB2, TQB3
0210 92 91
– – – –
Meat
130 €/100 kg/net
B
0210 92 92
– – – –
Offal
15.4
B
0210 92 99
– – – –
Edible flours and meals of meat or meat offal
15.4 + 303.4 €/100 kg/net
D
0210 99 10
– – – –
Of horses, salted, in brine or dried
6.4
B
0210 99 21
– – – – –
With bone in
222.7 €/100 kg/net
D
0210 99 29
– – – – –
Boneless
311.8 €/100 kg/net
D
0210 99 31
– – – –
Of reindeer
15.4
B
0210 99 39
– – – –
Other
130 €/100 kg/net
B
0210 99 51
– – – – –
Thick skirt and thin skirt
15.4 + 303.4 €/100 kg/net
E
TQB2, TQB3
0210 99 59
– – – – –
Other
12.8
E
TQB2, TQB3
0210 99 79
– – – – – –
Other
6.4
B
0210 99 85
– – – – –
Other
15.4
B
0210 99 90
– – –
Edible flours and meals of meat or meat offal
15.4 + 303.4 €/100 kg/net
D
0304 71 90
– – –
Other
7.5
D
TQCod
0304 79 10
– – –
Fish of the species 
Boreogadus saida
7.5
D
TQCod
0305 43 00
– –
Trout (
Salmo trutta
, 
Oncorhynchus mykiss
, 
Oncorhynchus clarki
, 
Oncorhynchus aguabonita
, 
Oncorhynchus gilae
, 
Oncorhynchus apache
 and 
Oncorhynchus chrysogaster
)
14
D
ex 0305 72 00  (see note 2)
– –
Fish heads, tails and maws
13
D
ex 0305 79 00  (see note 2)
– –
Other
13
D
0306 12 05
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0306 12 10
– – – –
Whole
6
B
0306 12 90
– – – –
Other
16
B
0306 14 05
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
8
D
0306 14 90
– – – –
Other
7.5
B
ex 0306 16 10  (see note 3)
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
D
TQShrimps
ex 0306 17 10  (see note 3)
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
D
TQShrimps
0306 22 30
– – – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0306 24 10
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
8
D
ex 0306 26 10  (see note 3)
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
D
TQShrimps
ex 0306 27 10  (see note 3)
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
D
TQShrimps
0307 19 10
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0307 29 05
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0307 39 05
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
D
0307 49 05
– – –
Smoked, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0307 59 05
– – –
Smoked, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0307 60 10
– –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0307 79 10
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0307 89 10
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0307 99 10
– – –
Smoked, whether in shell or not, whether or not cooked before or during the smoking process, not otherwise prepared
20
C
0407 11 00
– –
Of fowls of the species 
Gallus domesticus
35 €/1 000  p/st
E
0407 19 19
– – – –
Other
35 €/1 000  p/st
E
0407 21 00
– –
Of fowls of the species 
Gallus domesticus
30.4 €/100 kg/net
E
0407 29 10
– – –
Of poultry, other than of fowls of the species 
Gallus domesticus
30.4 €/100 kg/net
E
0407 90 10
– –
Of poultry
30.4 €/100 kg/net
E
0408 11 80
– – –
Other
142.3 €/100 kg/net
E
0408 19 81
– – – –
Liquid
62 €/100 kg/net
E
0408 19 89
– – – –
Other, including frozen
66.3 €/100 kg/net
E
0408 91 80
– – –
Other
137.4 €/100 kg/net
E
0408 99 80
– – –
Other
35.3 €/100 kg/net
E
0702 00 00
Tomatoes, fresh or chilled
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0707 00 05
–
Cucumbers
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0709 91 00
– –
Globe artichokes
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0709 93 10
– – –
Courgettes
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0710 40 00
–
Sweetcorn
5.1 + 9.4 €/100 kg/net
D
TQSC
0805 10 20
– –
Sweet oranges, fresh
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0805 20 10
– –
Clementines
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0805 20 30
– –
Monreales and satsumas
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0805 20 50
– –
Mandarins and wilkings
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0805 20 70
– –
Tangerines
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0805 20 90
– –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0805 50 10
– –
Lemons (
Citrus limon
, 
Citrus limonum
)
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0806 10 10
– –
Table grapes
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0808 10 80
– –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0808 30 90
– –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0809 10 00
–
Apricots
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0809 21 00
– –
Sour cherries (
Prunus cerasus
)
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0809 29 00
– –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0809 30 10
– –
Nectarines
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0809 30 90
– –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
0809 40 05
– –
Plums
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
1001 11 00
– –
Seed
148 €/t
D
1001 19 00
– –
Other
148 €/t
D
1001 91 90
– – –
Other
95 €/t
D
1001 99 00
– –
Other
95 €/t
D
TQCW
1002 10 00
–
Seed
93 €/t
D
1002 90 00
–
Other
93 €/t
D
1003 90 00
–
Other
93 €/t
D
1004 10 00
–
Seed
89 €/t
D
1004 90 00
–
Other
89 €/t
D
1108 11 00
– –
Wheat starch
224 €/t
D
1108 12 00
– –
Maize (corn) starch
166 €/t
D
1108 13 00
– –
Potato starch
166 €/t
D
1108 14 00
– –
Manioc (cassava) starch
166 €/t
D
1108 19 10
– – –
Rice starch
216 €/t
D
1108 19 90
– – –
Other
166 €/t
D
1604 14 21
– – – – –
In vegetable oil
24
D
1604 14 26
– – – – – –
Fillets known as ‘loins’
24
D
1604 14 28
– – – – – –
Other
24
D
1604 14 31
– – – – –
In vegetable oil
24
D
1604 14 36
– – – – – –
Fillets known as ‘loins’
24
D
1604 14 38
– – – – – –
Other
24
D
1604 14 41
– – – – –
In vegetable oil
24
D
1604 14 46
– – – – – –
Fillets known as ‘loins’
24
D
1604 14 48
– – – – – –
Other
24
D
1604 14 90
– – –
Bonito (
Sarda
 spp.)
25
D
1604 20 70
– – –
Of tuna, skipjack or other fish of the genus 
Euthynnus
24
D
1605 10 00
–
Crab
8
D
1605 21 90
– – –
Other
20
D
TQShrimps
1605 29 00
– –
Other
20
D
TQShrimps
1605 30 90
– –
Other
20
C
1605 51 00
– –
Oysters
20
C
1605 52 00
– –
Scallops, including queen scallops
20
C
1605 53 10
– – –
In airtight containers
20
D
1605 53 90
– – –
Other
20
D
1605 54 00
– –
Cuttlefish and squid
20
C
1605 55 00
– –
Octopus
20
C
1605 56 00
– –
Clams, cockles and arkshells
20
C
1605 57 00
– –
Abalone
20
C
1605 58 00
– –
Snails, other than sea snails
20
C
1605 59 00
– –
Other
20
C
1701 12 10
– – –
For refining
33.9 €/100 kg/net
D
1701 12 90
– – –
Other
41.9 €/100 kg/net
D
1701 13 10
– – –
For refining
33.9 €/100 kg/net
D
1701 13 90
– – –
Other
41.9 €/100 kg/net
D
1701 14 10
– – –
For refining
33.9 €/100 kg/net
D
1701 14 90
– – –
Other
41.9 €/100 kg/net
D
1701 91 00
– –
Containing added flavouring or colouring matter
41.9 €/100 kg/net
D
1701 99 10
– – –
White sugar
41.9 €/100 kg/net
D
1701 99 90
– – –
Other
41.9 €/100 kg/net
D
2005 80 00
–
Sweetcorn (
Zea mays var.saccharata
)
5.1 + 9.4 €/100 kg/net
E
TQSC
2009 61 10
– – –
Of a value exceeding € 18 per 100 kg net weight
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
2009 69 19
– – – –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
2009 69 51
– – – – –
Concentrated
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
2009 69 59
– – – – –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
2204 30 92
– – – –
Concentrated
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
2204 30 94
– – – –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
2204 30 96
– – – –
Concentrated
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
2204 30 98
– – – –
Other
See Annex 2 of Commission Implementing Regulation (EU) No 1101/2014 (p. 679-718)
AV0+EP
8702 10 11
– – –
New
16
C
8702 10 19
– – –
Used
16
C
8702 10 91
– – –
New
10
C
8702 10 99
– – –
Used
10
C
8702 90 11
– – – –
New
16
C
8702 90 19
– – – –
Used
16
C
8702 90 31
– – – –
New
10
C
8702 90 39
– – – –
Used
10
C
8702 90 90
– –
With other engines
10
C
8703 21 10
– – –
New
10
C
8703 22 10
– – –
New
10
D
8703 22 90
– – –
Used
10
D
8703 23 11
– – – –
Motor caravans
10
D
8703 23 19
– – – –
Other
10
D
8703 23 90
– – –
Used
10
D
8703 24 10
– – –
New
10
D
8703 24 90
– – –
Used
10
D
8703 31 10
– – –
New
10
D
8703 31 90
– – –
Used
10
D
8703 32 11
– – – –
Motor caravans
10
D
8703 32 19
– – – –
Other
10
D
8703 32 90
– – –
Used
10
D
8703 33 11
– – – –
Motor caravans
10
D
8703 33 19
– – – –
Other
10
D
8703 33 90
– – –
Used
10
D
8703 90 10
– –
With electric motors
10
C
8703 90 90
– –
Other
10
C
8704 21 10
– – –
Specially designed for the transport of highly radioactive materials (Euratom)
3.5
B
8704 21 31
– – – – –
New
22
B
8704 21 39
– – – – –
Used
22
B
8704 21 91
– – – – –
New
10
B
8704 21 99
– – – – –
Used
10
B
8704 22 10
– – –
Specially designed for the transport of highly radioactive materials (Euratom)
3.5
B
8704 22 91
– – – –
New
22
B
8704 22 99
– – – –
Used
22
B
8704 23 10
– – –
Specially designed for the transport of highly radioactive materials (Euratom)
3.5
B
8704 23 91
– – – –
New
22
B
8704 23 99
– – – –
Used
22
B
8704 31 10
– – –
Specially designed for the transport of highly radioactive materials (Euratom)
3.5
B
8704 31 31
– – – – –
New
22
B
8704 31 39
– – – – –
Used
22
B
8704 31 91
– – – – –
New
10
B
8704 31 99
– – – – –
Used
10
B
8704 32 10
– – –
Specially designed for the transport of highly radioactive materials (Euratom)
3.5
B
8704 32 91
– – – –
New
22
B
8704 32 99
– – – –
Used
22
B
Note 1:
the scope of products in this list being determined by CN codes as they exist in Commission Implementing Regulation (EU) No 1101/2014
Note 2:
ex 0305 72 00  and ex 0305 79 00  — only of trout as specified in CN code 0305 43 00
Note 3:
ex 0306 16 10 , ex 0306 17 10 , ex 0306 26 10  and ex 0306 27 10  — excluding in immediate packings of a net content not exceeding 2 kg
ANNEX 2-B
DECLARATION OF THE PARTIES CONCERNING TARIFF RATE QUOTA ADMINISTRATION
SECTION A
Declaration concerning European Union administration for beef and veal, and pork tariff rate quotas under this Agreement
1.
The general principle is that tariff rate quota administration should be as conducive to trade as possible. More specifically, it must not impair or nullify the market access commitments negotiated by the Parties; it must be transparent, predictable, minimise transactional costs for traders, maximise fill rates and aim to avoid potential speculation.
Structure of the import licensing system
Quarterly sub-periods with carryover between periods for unused tariff rate quota quantities
2.
In each of the four quarters of the marketing year, 25 per cent of the annual tariff rate quota quantity will be made available for licence applications.
3.
Any quantities remaining available at the end of one quarter will be automatically rolled over into the subsequent quarter until the end of the marketing year.
Application period for import licences
4.
An application for an import licence will be accepted up to 45 calendar days preceding the beginning of each quarter and an import licence shall be issued no less than 30 calendar days before the quarter begins.
5.
If demand for licences during the application period exceeds the quantities available for that quarter, licences will be allocated on a pro-rated basis.
6.
If the available quantity for any quarter is not fully allocated during the application period, the remaining quantity will be made available for eligible applicants to apply for on demand for the rest of that quarter. Import licences will be issued automatically on demand until the available quantity has been fully subscribed for that period.
Validity of licences
7.
An import licence is valid:
(a)
from the date of issue or the date of the beginning of the quarter for which the import licence is issued, whichever is later; and
(b)
for five months from the applicable date in subparagraph (a) or until the end of the marketing year, whichever comes first.
8.
Import licences may be used at any European Union customs entry point and for multiple shipments.
Eligibility criteria
9.
The eligibility criteria and allocation method should result in the quotas going to those persons that are most likely to use it and must not create barriers to imports.
10.
During the application period, eligible applicants shall include historical importers of beef, bison or veal for beef and veal imports and historical importers of beef, bison, veal or pork for pork imports.
11.
In any quarter following the application period when licences are made available on demand, the eligibility criteria for applicants will be expanded to include wholesalers and accredited meat processors.
Securities
Securities tied to import licence applications
12.
A security of not more than 95 euro (€) per tonne of beef and 65 euro (€) per tonne of pork will be lodged with the application for a licence.
Transfer of licence and corresponding security
13.
Licences are not transferable.
Return of licence and corresponding security
14.
Unused licence quantities may be returned before expiration and up to four months prior to the end of the marketing year. Each licence holder may return up to 30 per cent of their individual licence quantity. When such a quantity is returned, 60 per cent of the corresponding security is released.
15.
All returned quantities will be immediately made available to other eligible applicants to apply for on demand for the rest of that quarter, and will be rolled over to subsequent quarters if not requested.
Release of security and release of full security when 95 per cent of imports occur
16.
Securities shall be proportionally released each time actual imports have taken place.
17.
Once 95 per cent of an importer's individual licence quantity is actually imported the full security shall be released.
SECTION B
Declaration concerning Canada's administration for cheese tariff rate quotas under this Agreement
1.
The general principle is that tariff rate quota administration should be as conducive to trade as possible. More specifically, it must not impair or nullify the market access commitments negotiated by the Parties; it must be transparent, predictable, minimise transactional costs for traders, maximise fill rates and aim to avoid potential speculation.
2.
The eligibility criteria and allocation method should result in the quotas going to those persons that are most likely to use it and must not create barriers to imports.
Structure of the import licensing system
3.
The annual tariff rate quota quantity will be allocated each year among eligible applicants.
4.
The tariff rate quota allocation method will allow for new entrants each year. During the phase-in period from Year 1 to Year 5, at least 30 per cent of the tariff rate quota will be available to new entrants every year. After the end of the phase-in period from Year 6 and in subsequent years, at least 10 percent of the tariff rate quota quantity will be available for new entrants.
5.
The tariff rate quota quantity will be allocated on a calendar year basis. Applications from all interested parties will be received and processed according to the provisions of the Understanding on Tariff Rate Quota Administration Provisions of Agricultural Products, as defined in Article 2 of the Agreement on Agriculture, Ministerial Decision WT/MIN(13)/39, 7 December 2013, with a period of four to six weeks to submit applications. Imports will be able to start from the first day of the year.
6.
In the event that the tariff rate quota is not fully allocated following the application process in paragraph 3, available quantities will immediately be offered to eligible applicants in proportion to their allocation, or on demand if quantities still remain after the first offer.
Eligibility criteria
7.
To be eligible, an applicant shall be, at a minimum, a resident of Canada and be active in the Canadian cheese sector regularly during the year.
8.
During the phase-in period from Year 1 to Year 5, a new entrant shall be an eligible applicant who is not an allocation holder under Canada's cheese tariff rate quota under the WTO.
9.
After the end of the phase-in period, from Year 6 and in subsequent years, a new entrant shall be an eligible applicant who is not an allocation holder under Canada's cheese tariff rate quota under the WTO or did not receive an allocation of the tariff rate quotas under this Agreement in the preceding year.
10.
A new entrant shall be considered as such for a period of three years.
11.
Once an applicant is no longer considered to be a new entrant, the applicant shall be treated the same as all other applicants.
12.
Canada may consider limiting the size of allocations to a specific percentage if it is deemed necessary to foster a competitive, fair, and balanced import environment.
Use of import allocations and import permits
13.
A tariff rate quota allocation shall be valid for one quota year or, if issued after the beginning of the quota year, for the remainder of the quota year.
14.
To ensure that imports are aligned with domestic market conditions and to minimise barriers to trade, an allocation holder will normally be free to use its allocation to import any product covered by the tariff rate quota at any time during the year.
15.
On the basis of its allocation, an importer will submit an import permit request for each shipment of product covered by the tariff rate quota that the importer seeks to import into Canada. Import permits are normally issued automatically upon request through the electronic permitting system of the Government of Canada. Under current policies, import permits may be requested up to 30 days before the planned date of entry and are valid for a period of five days before and 25 days from the date of entry.
16.
Permits are not transferable.
17.
An import permit may be amended or cancelled.
18.
A transfer of allocations may be authorised.
19.
An allocation holder that uses less than 95 per cent of its allocation in any one year may be subject to an under-utilisation penalty in the following year, in which it will receive an allocation that reflects the actual level of use of the previous allocation. An allocation holder affected by an under-utilisation penalty will be advised prior to the final allocation of the tariff rate quota.
20.
An allocation holder may return an unused quantity of their allocation up to a specified date. Returned quantities will be considered used for the purpose of the application of the under-utilisation penalty. Chronic returns may be penalised.
21.
Returned quantities will normally be made available to interested allocation holders who have not returned any unused quantity of their allocation the day after the return deadline. If quantities remain after that, they may be offered to other interested third parties.
22.
The return deadline will be set at a date that is early enough to give sufficient time for use of the returned quantities, while being late enough to allow allocation holders to establish their import needs until the end of the year, possibly near the middle of the quota year.
ANNEX 4-A
COOPERATION IN THE FIELD OF MOTOR VEHICLE REGULATIONS
Article 1
Objectives and purpose
1.   The Parties note the cooperation between Canada and the European Commission in the area of science and technology.
2.   The Parties affirm their joint commitment to improve vehicle safety and environmental performance, and to the harmonisation efforts pursued under the framework of the 
1998 Global Agreement administered by the World Forum for the Harmonization of Vehicle Regulations (WP.29)
 (the ‘
1998 Global Agreement
’) of the United Nations Economic Commission for Europe (‘UNECE’).
3.   The Parties note their commitment to enhance their efforts in the area of regulatory cooperation under this Chapter and Chapter Twenty-One (Regulatory Cooperation).
4.   The Parties recognise the right of each Party to determine its desired level of health, safety, and environmental and consumer protection.
5.   The Parties desire to enhance cooperation and to increase the efficient use of resources in matters that relate to motor vehicle technical regulations, in a manner that does not compromise each Party's ability to fulfill its responsibilities.
6.   The purpose of this Annex is to strengthen cooperation and communication, including the exchange of information, on motor vehicle safety and environmental performance research activities related to the development of new technical regulations or related standards, to promote the application and recognition of the Global Technical Regulations under the framework of the 
1998 Global Agreement
 and possible future harmonisation, between the Parties, concerning improvements and other developments in the areas of motor vehicle technical regulations or related standards.
Article 2
Areas of cooperation
The Parties shall endeavour to share information and cooperate on activities in the following areas:
(a)
the development and establishment of technical regulations or related standards;
(b)
the post-implementation reviews of technical regulations or related standards;
(c)
the development and dissemination of information for consumer use related to motor vehicle regulations or related standards;
(d)
the exchange of research, information and results linked to the development of new vehicle safety regulations or related standards, and advanced emission reduction and electric vehicle technologies; and
(e)
the exchange of available information on the identification of safety-related or emission-related defects and non-compliance with technical regulations.
Article 3
Forms of cooperation
The Parties shall endeavour to maintain an open and ongoing dialogue in the area of motor vehicle technical regulations or related standards. To this end, the Parties shall endeavour to:
(a)
meet at least annually (including meetings held on the margins of WP.29 Sessions), by video-conference or, if directly, on an alternating basis in Canada and in the European Union;
(b)
share information about domestic and international programmes and agendas, including planning of research programmes linked to the development of new technical regulations or related standards;
(c)
contribute jointly to encourage and promote greater international harmonisation of technical requirements through multilateral fora, such as the 
1998 Global Agreement
, including through cooperation in the planning of initiatives in support of such activities;
(d)
share and discuss research and development plans on motor vehicle safety and environmental technical regulations or related standards;
(e)
conduct joint analyses, develop methodologies and approaches, as mutually beneficial, practical and convenient, to assist and facilitate the development of motor vehicle technical regulations or related standards; and
(f)
develop additional provisions for cooperation.
Article 4
Canada's incorporation of United Nations Regulations
1.   The Parties acknowledge that Canada has incorporated, with the adaptations that it considered necessary, technical regulations contained in United Nations Regulations into its 
Motor Vehicle Safety Regulations
, C.R.C., c. 1038, as listed in Annex 4-A-1.
2.   Canada maintains its right to modify its law, including by amending or revising which United Nations Regulations are incorporated into its law, or the manner in which or the extent to which these Regulations are incorporated into its law. Before introducing such changes, Canada shall inform the European Union and, upon request, shall be prepared to provide information on the rationale for these changes. Canada shall continue to recognise the relevant United Nations Regulations, unless doing so would provide for a lower level of safety than the amendments introduced, or would compromise North American integration.
3.   The Parties shall engage in technical consultations with a view to determining, no later than three years after the entry into force of this Agreement, whether the technical regulations contained in the United Nations Regulations listed in Annex 4-A-2 should also be incorporated into Canada's 
Motor Vehicle Safety Regulations
, with any adaptations Canada considers necessary. These technical regulations should be incorporated, unless doing so would provide for a lower level of safety than the Canadian regulations or would compromise North American integration.
4.   The Parties shall also engage in further technical consultations to determine whether other technical regulations should be included in Annex 4-A-2.
5.   Canada shall establish and maintain a list of technical regulations contained in United Nations Regulations that are incorporated into Canada's 
Motor Vehicle Safety Regulations
. Canada shall make that list publicly available.
6.   In an effort to promote regulatory convergence, the Parties shall exchange information, to the extent practicable, on their respective technical regulations related to motor vehicle safety.
Article 5
Positive consideration of the other Party's technical regulations
When a Party develops a new technical regulation for motor vehicles and their parts, or when it modifies an existing one, it shall consider the technical regulations of the other Party, including those established under the framework of the UNECE 
World Forum for the Harmonization of Vehicle Regulations (WP.29)
. A Party shall provide, at the request of the other Party, an explanation on the extent to which it considered the technical regulations of that other Party when it developed its new technical regulations.
Article 6
Cooperation with the United States of America
The Parties recognise their mutual interest to cooperate with the United States of America in the field of motor vehicle technical regulations. If the European Union and the United States conclude an agreement or an arrangement on the harmonisation of their respective technical regulations related to motor vehicles, the Parties shall cooperate with a view to determining whether they should conclude a similar agreement or arrangement.
ANNEX 4-A-1
List referred to in Article 4.1 of Annex 4-A
United Nations Regulation
Title of United Nations Regulation
Canadian Regulation into which the United Nations Regulation is incorporated, in whole or in part
Title of Canadian Regulation into which the United Nations Regulation is incorporated, in whole or in part
No. 98
Uniform provisions concerning the approval of motor vehicle headlamps equipped with gas-discharge light sources
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 112
Uniform provisions concerning the approval of motor vehicle headlamps emitting an asymmetrical passing-beam or a driving-beam or both and equipped with filament lamps and/or LED modules
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 113
Uniform provisions concerning the approval of motor vehicle headlamps emitting a symmetrical passing-beam or a driving-beam or both and equipped with filament, gas-discharge light sources or LED modules
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 51
Uniform provisions concerning the approval of motor vehicles having at least four wheels with regard to their noise emissions
CMVSS 1106
 (
*1
)
Noise Emissions
No. 41
Uniform provisions concerning the approval of motor cycles with regard to noise
CMVSS 1106
 (
*1
)
Noise Emissions
No. 11
Uniform provisions concerning the approval of vehicles with regard to door latches and door retention components
CMVSS 206
 (
*1
)
Door Locks and Door Retention Components
No. 116 (immobilizer only)
Uniform provisions concerning the protection of motor vehicles against unauthorized use (Immobilizer only)
CMVSS 114
 (
*1
)
Theft Protection and Rollaway Prevention
No. 42
Uniform provisions concerning the approval of vehicles with regard to their front and rear protective devices (bumpers etc.)
CMVSS 215
 (
*1
)
Bumpers
No. 78
Uniform provisions concerning the approval of vehicles of categories L1, L2, L3, L4 and L5 with regard to braking
CMVSS 122
 (
*1
)
Motorcycle Brake Systems
No. 8
Uniform provisions concerning the approval of motor vehicles headlamps emitting an asymmetrical passing beam or a driving beam or both an equipped with halogen filament lamps (H1, H2, H3, HB3, HB4, H7, H8, H9, HIR1, HIR2 and/or H11)
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 20
Uniform provisions concerning the approval of motor vehicles headlamps emitting an asymmetrical passing beam or a driving beam or both and equipped with halogen filament lamps (H4 lamps)
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 31
Uniform provisions concerning the approval of power-driven vehicle's halogen sealed-beam headlamps (HSB) emitting an European asymmetrical passing-beam or a driving-beam or both
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 57
Uniform provisions concerning the approval of headlamps for motor cycles and vehicles treated as such
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 72
Uniform provisions concerning the approval of motor cycle headlamps emitting an asymmetrical passing beam and a driving beam and equipped with halogen lamps (HS1 lamps)
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 13H (electronic stability control only)
Uniform provisions concerning the approval of passenger cars with regard to braking (electronic stability control only)
CMVSS 126
Electronic Stability Control Systems
No. 60
Uniform provisions concerning the approval of two-wheeled motor cycles and mopeds with regard to driver-operated controls including the identification of controls, tell-tales and indicators
CMVSS 123
Motorcycle Controls and Displays
No. 81
Uniform provisions concerning the approval of rear-view mirrors of two-wheeled power-driven vehicles with or without side car, with regard to the mounting of rear-view mirrors on handlebars
CMVSS 111
Mirrors
(
*1
)
  As the regulation read on 13 February 2013.
ANNEX 4-A-2
List referred to in Article 4.3 of Annex 4-A
United Nations Regulation
Title of United Nations Regulation
No. 12
Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact
No. 17
Uniform provisions concerning the approval of vehicles with regard to the seats, their anchorages and any head restraints
No. 43
Uniform provisions concerning the approval of safety glazing materials and their installation on vehicles
No. 48
Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signalling devices
No. 87
Uniform provisions concerning the approval of daytime running lamps for power-driven vehicles
No. 53
Uniform provisions concerning the approval of category L3 vehicles with regard to the installation of lighting and light-signalling devices
No. 116
Uniform technical prescriptions concerning the protection of motor vehicles against unauthorized use
No. 123
Uniform provisions concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles
ANNEX 5-A
COMPETENT AUTHORITIES
Competent authorities of the European Union
1.
Control is shared between the national Services of the Member States and the European Commission. In this respect, the following applies:
(a)
for exports to Canada, the Member States are responsible for the control of the production circumstances and requirements, including statutory inspections or audits and issuing health certification attesting to the agreed SPS measures and requirements;
(b)
for imports from Canada, the Member States are responsible for the control of the compliance of the imports with the European Union's import conditions; and
(c)
the European Commission is responsible for the overall coordination, inspection or audits of control systems and the necessary measures, including legislative action to ensure uniform application of standards and requirements of this Agreement.
Competent authorities of Canada
2.
The following are responsible for the application of SPS measures with respect to domestically produced, exported and imported animals and animal products, plants and plant products, and for issuing health certificates attesting to the agreed SPS measures unless otherwise noted:
(a)
the Canadian Food Inspection Agency (the ‘CFIA’);
(b)
the Department of Health, as appropriate; or
(c)
a successor entity notified to the other Party.
ANNEX 5-B
REGIONAL CONDITIONS
Diseases for which regionalisation decisions may be taken:
Diseases
1.
Foot-and-mouth disease
2.
Vesicular stomatitis
3.
Swine vesicular disease
4.
Rinderpest
5.
Peste des petits ruminants
6.
Contagious bovine pleuropneumonia
7.
Lumpy skin disease
8.
Rift Valley fever
9.
Bluetongue
10.
Sheep pox and goat pox
11.
African horse sickness
12.
African swine fever
13.
Classical swine fever
14.
Notifiable avian influenza
15.
Newcastle disease
16.
Venezuelan equine encephalomyelitis
17.
Epizootic haemorrhagic disease
Aquatic Diseases
The Parties may discuss the list of aquatic diseases on the basis of the OIE Aquatic Animal Health Code.
ANNEX 5-C
PROCESS OF RECOGNITION OF REGIONAL CONDITIONS
Animal diseases
To be agreed at a later stage.
Plant pests
To be agreed at a later stage.
ANNEX 5-D
GUIDELINES TO DETERMINE, RECOGNISE AND MAINTAIN EQUIVALENCE
Determination and Recognition of Equivalence
To be agreed at a later stage.
Maintenance of Equivalence
1.
If a Party intends to adopt, modify, or repeal an SPS measure in an area for which it has made a recognition of equivalence as set out in Article 5.6.3(a) or a recognition described in Article 5.6.3(b), that Party should:
(a)
evaluate whether the adoption, modification or repeal of that SPS measure may affect the recognition; and
(b)
notify the other Party of its intention to adopt, modify, or repeal that SPS measure, and of the evaluation under paragraph (a). The notification should take place at an early appropriate stage, when amendments can still be introduced and comments taken into account.
2.
If a Party adopts, modifies, or repeals an SPS measure in an area for which it has made a recognition, the importing Party should continue to accept the recognition of equivalence as set out in Article 5.6.3(a) or the recognition described in Article 5.6.3(b), as the case may be, in that area until it has communicated to the exporting Party whether special conditions must be met, and if so, provided the special conditions to the exporting Party. The importing Party should consult with the exporting Party to develop these special conditions.
ANNEX 5-E
RECOGNITION OF SANITARY AND PHYTOSANITARY MEASURES
General Notes
1.
If a Party modifies an SPS measure listed in this Annex, the modified SPS measure applies to imports from the other Party, taking into account paragraph 2 of Annex 5-D. For updated SPS measures, refer to the legislative publications of each Party.
2.
If an importing Party determines that a special condition listed in this Annex is no longer necessary, that Party shall notify the other Party in accordance with Article 26.5 that it will no longer apply that special condition to imports from the other Party.
3.
For greater certainty, an SPS measure of an importing Party that is not otherwise referenced in this Annex or a measure of an importing Party that is not an SPS measure applies, as appropriate, to imports from the other Party.
SECTION A
Sanitary Measures
SPS Area
Exports from the European Union to Canada
Exports from Canada to the European Union
SPS measure(s) of the European Union
SPS measure(s) of Canada
Special condition(s)
SPS measure(s) of Canada
SPS measure(s) of the European Union
Special condition(s)
Semen
Cattle
Animal health
Directive 88/407
—
Health of Animals Act
, S.C. 1990, c. 21
—
Health of Animals Regulations
, C.R.C., c. 296
Semen collection centre clinically free of paratuberculosis
—
Health of Animals Act
—
Health of Animals Regulations
—
CFIA Artificial Insemination Program
Directive 88/407
1.   Enzootic bovine leucosis: (serum) Enzyme-linked immunosorbent assay (‘ELISA’)
In addition, when possible, the uterine dam of the prospective donor bull should be subjected to an ELISA test for enzootic bovine leucosis, subsequent to the weaning of the prospective donor, with negative results.
This test of the uterine dam is required to export semen to the Member States of the European Union when semen is collected from a donor bull before reaching 24 months of age, and a negative result to an ELISA test is required after reaching that age. This test is not required when the prospective donor bull originates from a Canada Health Accredited Herd for Enzootic bovine leucosis; and,
2.   Infectious bovine rhinotracheitis: (serum) ELISA
The semi-annual testing for infectious bovine rhinotracheitis of all resident animals must be performed at infectious bovine rhinotracheitis-negative facilities that are approved for export to the European Union. Only infectious bovine rhinotracheitis-negative facilities are allowed to export semen to the European Union.
Embryos
In vivo derived bovine
Animal health
Directive 89/556
—
Health of Animals Act
—
Health of Animals Regulations
, Part XIII
—
Health of Animals Act
—
Health of Animals Regulations
—
CFIA Embryo Export Approval Program
Directive 89/556
Decisions
2006/168
2007/240
1.
The donor females spent the six months immediately prior to the collection within Canada in no more than two herds:
(a)
which, according to official findings, were free from tuberculosis;
(b)
which, according to official findings, were free from brucellosis;
(c)
which were free from enzootic bovine leucosis or in which no animal showed clinical signs of enzootic bovine leucosis during the previous three years; and
(d)
in which no bovine animal showed clinical signs of infectious bovine rhinotracheitis/infectious pustular vulvovaginitis during the previous 12 months;
2.
There was no outbreak of epizootic haemorrhagic disease within 10 kilometers of where the donor female is located during the 30 days prior to collection; and,
3.
The semen is collected and stored in collection centres or stored in storage centres approved by the CFIA, or the semen is collected and stored in collection centres or stored in storage centres approved by the competent authority of a third country that is approved to export semen to the European Union, or the semen is exported from European Union.
Fresh meat
Ruminants, equidae, porcine, poultry, farmed game from deer, rabbit and ratite
Public health
Regulations
852/2004
853/2004
854/2004
2073/2005
2015/1375
—
Meat Inspection Act
, R.S.C. 1985, c. 25 (1st Supp.)
—
Meat Inspection Regulations, 1990
, S.O.R./90-288
—
Food and Drugs Act
, R.S.C., 1985, c. F-27
—
Food and Drug Regulations
, C.R.C., c. 870
1.
Compliance with Canadian rules on transmissible spongiform encephalopathy;
2.
Prolonged delayed evisceration not permitted;
3.
Compliance with microbiological food safety criteria of the importing Party;
4.
Porcine meat intended for processing in ready-to-eat product is tested or frozen in accordance with Commission Implementing Regulation (EU) 2015/1375;
5.
Blood is collected using a closed blood collection method; and,
6.
Meat derived from animals slaughtered under emergency slaughter procedures is not eligible for trade.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
2073/2005
2015/1375
See Appendix A
Meat products
Ruminants, equidae, pigs, poultry and farmed game
Public Health
Regulations
852/2004
853/2004
854/2004
2073/2005
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
1.
Fresh meat used to make the products complies with applicable special conditions, excluding special condition 4 when the finished product is treated by heat to a temperature sufficient to destroy 
Trichinella
;
2.
Compliance with product standards of the importing Party; and,
3.
Compliance with microbiological food safety criteria of the importing Party.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
2073/2005
1.
Fresh meat used to make the products complies with applicable special conditions, excluding Appendix A special condition 6(a) when the finished product is treated by heat to a temperature sufficient to destroy 
Trichinella
;
2.
Compliance with product standards of the importing Party; and,
3.
Compliance with microbiological food safety criteria of the importing Party.
Minced meat, meat preparations
Ruminants, equidae, pigs, poultry and farmed game
Public Health
Regulations
852/2004
853/2004
854/2004
2073/2005
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
1.
Fresh meat used to make the products complies with applicable special conditions;
2.
Compliance with product standards of the importing Party; and,
3.
Compliance with microbiological food safety criteria of the importing Party.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
2073/2005
1.
Fresh meat used to make the products complies with applicable special conditions;
2.
Compliance with product standards of the importing Party; and,
3.
Compliance with microbiological food safety criteria of the importing Party.
Processed animal proteins for human consumption
Ruminants, equidae, pigs, poultry and farmed game
Public health
Regulations
852/2004
853/2004
854/2004
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
1.
Fresh meat used to make the products complies with applicable special conditions, excluding special condition 4 when the finished product is treated by heat to a temperature sufficient to destroy 
Trichinella
; and
2.
Compliance with product standards of the importing Party.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
1.
Fresh meat used to make the products complies with applicable special conditions, excluding Appendix A special condition 6(a) when the finished product is treated by heat to a temperature sufficient to destroy 
Trichinella
; and,
2.
Compliance with product standards of the importing Party.
Rendered animal fat intended for human consumption
Ruminants, equidae, pigs, poultry and farmed game
Public health
Regulations
852/2004
853/2004
854/2004
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
1.
Fresh meat used to make the products complies with applicable special conditions, excluding special condition 4; and,
2.
Compliance with product standards of the importing Party.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
1.
Fresh meat used to make the products complies with applicable special conditions, excluding Appendix A special condition 6(a); and,
2.
Compliance with product standards of the importing Party.
Animal casings for human consumption
Cattle, sheep, goats and pigs
Public health
Regulations
852/2004
853/2004
854/2004
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Compliance with Canadian rules on transmissible spongiform encephalopathy
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
Compliance with European Union rules on transmissible spongiform encephalopathy
Fishery products and live bivalve molluscs
Fish and fishery products for human consumption
Public Health
Regulations
852/2004
853/2004
854/2004
2073/2005
2074/2005
—
Fish Inspection Act
, R.S.C. 1985, c. F-12
—
Fish Inspection Regulations
, C.R.C., c. 802
—
Food and Drugs Act
—
Food and Drug Regulations
Smoked fish packed in hermetically sealed containers that are not frozen contain a salt level not less than 9 per cent (water phase method).
The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country.
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
2073/2005
2074/2005
The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country.
Deheaded eviscerated fish for human consumption
Animal Health
Directive 2006/88
—
Health of Animals Act
—
Health of Animals Regulations
, Part XVI
—
Reportable Disease Regulations
, S.O.R./91-2
—
Health of Animals Act
—
Health of Animals Regulations
, Part XVI
Directive 2006/88
Regulation 1251/2008
Live bivalve molluscs for human consumption, including echinoderms, tunicates and marine gastropods
Public health
Regulations
852/2004
853/2004
854/2004
2074/2005
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country.
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Management of Contaminated Fisheries Regulations
, S.O.R./90-351
—
Food and Drugs Act
—
Food and Drug Regulations
Regulations
852/2004
853/2004
854/2004
2074/2005
Live bivalve molluscs are monitored for diarrheic shellfish poison toxins on a risk-based level.
The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country.
Fish caught under the authority of a recreational fishing licence from Canada
Public health
—
Fish Inspection Act
—
Fish Inspection Regulations
Regulations
852/2004
853/2004
854/2004
2073/2005
For fish caught under the authority of a recreational fishing licence from Canada with the name of the importer, the following conditions apply:
1.
The fish was caught in Canadian fisheries waters on the dates while the licence is valid, in accordance with Canadian regulations on sport fishing and that possession limits have been respected;
2.
The fish has been eviscerated under appropriate hygiene and preservation measures;
3.
The fish is not a toxic species nor a species that may contain biotoxins; and,
4.
The fish is introduced into the European Union within one month following the last date of validity of the recreational fishing licence and is not intended to be marketed. A copy of the recreational fishing licence is attached to the accompanying document.
Milk and milk products for human consumption
Pasteurised or cheeses from not pasteurised (or low heat treated) and raw milk maturated for at least 60 days
Public health
Regulations
852/2004
853/2004
854/2004
—
Health of Animals Act
—
Health of Animals Regulations
, s. 34
—
Food and Drugs Act
—
Food and Drug Regulations
, Part B, Division 8
—
Canada Agricultural Products Act
, R.S.C 1985, c. 20 (4th Supp.)
—
Dairy Products Regulations
, S.O.R./79-840
The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country.
—
Food and Drugs Act
—
Food and Drug Regulations
, Part B, Division B
—
Canada Agricultural Products Act
—
Dairy Products Regulations
Decision 2011/163
Regulations
852/2004
853/2004
854/2004
605/2010
1.
Canada to evaluate Hazard Analysis Critical Control Point (‘HACCP’) systems of establishments which are not Food Safety Enhancement Program (‘FSEP’)-HACCP recognized to ensure they are operating under HACCP principles; and,
2.
Two signatures are required on the export certificate: animal health attestations are signed by an official veterinarian; and public health related attestations are signed by an official inspector.
The Canadian and European Union systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the European Union for end product monitoring differ in some aspects. For exported products, it is the responsibility of the exporter to ensure that the products meet the food safety criteria of the importing country.
Animal casings not for human consumption
Pigs
Animal Health
Regulation 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part IV
Bones, horns and hooves (except meals) and their products not for human consumption
Animal health
—
Health of Animals Act
—
Health of Animals Regulations
Regulation 1069/2009
Certificate as per Decision 97/534
Blood and blood products not intended for human consumption
Ruminant
Animal health
Regulation 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part IV and Part XIV
—
Feeds Act
, R.S.C. 1985, c. F-9
—
Feeds Regulations
, 1983, S.O.R./83-593
Compliance with Canadian rules on transmissible spongiform encephalopathy
Apiculture products not for human consumption
Animal Health
Regulation 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part VI
Product subjected to treatment, for example freeze drying, irradiation, or vacuum packaging.
—
Health of Animals Act
—
Health of Animals Regulations
—
Bee Products Directive TAHD-DSAT-IE-2001-3-6, January 5, 2011
Regulation 1069/2009
1.
Bee products used for animal or human feed or industrial use are not restricted; and
2.
Bee products used for bee feeding are treated.
Wool, feathers and hair
Wool
Animal health
Regulation 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part IV
Certificate of origin
—
Health of Animals Act
—
Health of Animals Regulations
Regulation 1069/2009
Pig bristle
Animal health
Regulation 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part IV
Certificate of origin
—
Health of Animals Act
—
Health of Animals Regulations
Regulation 1069/2009
Shell eggs and egg products intended for human consumption
Animal health
Directives
90/539
2002/99
—
Health of Animals Act
—
Health of Animals Regulations
, Part III and Part IV (for shell eggs and egg products)
1.
Statement of origin; and,
2.
Veterinary certification
Egg Products
 — 
Import Procedures
, AHPD-DSAE-IE-2001-5-3, December 20, 1995
Directives
90/539
2002/99
Horizontal issues
Listing of establishments
Regulations
2004/852
2004/853
2004/854
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Canada Agricultural Products Act
—
Dairy Products Regulations
Listing required for fresh meat and meat products
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Canada Agricultural Products Act
—
Dairy Products Regulations
Regulations
2004/852
2004/853
2004/854
The following conditions apply to all animals and animal product commodities with public health recognition where a list of establishments is required:
1.
Lists of Canadian establishments and plants are entered into the TRACES system by Canada; and,
2.
Canada provides guarantees that the establishments fulfil the conditions as laid down in this Chapter, in its entirety.
The European Union updates and publishes the list of establishments without undue delay.
Water
Directive 98/83
—
Canada Agricultural Products Act
—
Dairy Products Regulations
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Canada Agricultural Products Act
—
Dairy Products Regulations
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
Directive 98/83
APPENDIX A
SPECIAL CONDITIONS WITH RESPECT TO CERTAIN EXPORTS FROM CANADA TO THE EUROPEAN UNION
1.   Compliance with European Union rules on transmissible spongiform encephalopathy;
2.   Shrouds not to be used on carcases;
3.   Compliance with European Union rules on decontamination;
4.   Compliance with microbiological testing for export to Finland and Sweden as laid down in the Commission Regulation (EC) No 1688/2005.
5.   Ante-mortem inspection
Routine ante-mortem inspection procedures apply provided a CFIA veterinarian is present on premises when ante-mortem inspection is conducted on animals intended to be slaughtered for export to the European Union;
6.   Post-mortem inspection
(a)
Pork:
in accordance with Commission Implementing Regulation (EU) 2015/1375:
(i)
skeletal muscle is tested for Trichinella by using a validated digestion method approved by the CFIA in a CFIA laboratory or a laboratory certified by the CFIA for that purpose; or,
(ii)
skeletal muscle is submitted to cold treatment by using a treatment approved by the CFIA;
(b)
Bovine over 6 weeks old:
(i)
liver: incision of the gastric surface and at the base of the caudate lobe to examine the bile ducts;
(ii)
head: two incisions in the external masseters parallel to the mandible;
(c)
Domestic solipeds:
in accordance with Commission Implementing Regulation (EU) 2015/1375, skeletal muscle is tested for Trichinella by using a validated digestion method approved by the CFIA in a CFIA laboratory or a laboratory certified by the CFIA for that purpose;
(d)
Farmed game — wild boar:
in accordance with Commission Implementing Regulation (EU) 2015/1375, skeletal muscle is tested for Trichinella by using a validated digestion method approved by the CFIA in a CFIA laboratory or a laboratory certified by the CFIA for that purpose;
7.   Regular check on general hygiene:
in addition to Canadian operational and preoperational sanitation requirements, the products testing requirements for E. coli and Salmonella for the United States of America (USA) as is written in Annex T: Testing for Escherichia coli (E. coli) in Slaughter Establishments and Annex U: USDA Performance Standards for Salmonella of USA section of Chapter 11 of the CFIA's Meat Hygiene Manual of Procedures are implemented; and
8.   Compliance with microbiological food safety criteria of the importing Party.
SECTION B
Phytosanitary Measures
To be agreed at a later stage.
ANNEX 5-F
APPROVAL OF ESTABLISHMENTS OR FACILITIES
The conditions and procedures for the purpose of Article 5.7.4(b) are as follows:
(a)
the import of the product has been authorised, if so required, by the competent authority of the importing 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; and
(d)
the exporting Party has provided relevant information requested by the importing Party.
ANNEX 5-G
PROCEDURE RELATED TO SPECIFIC IMPORT REQUIREMENTS FOR PLANT HEALTH
A key objective of this procedure is that the importing Party establishes and maintains, to the best of its ability, a list of regulated pests for commodities where a phytosanitary concern exists in its territory.
1.
If the Parties jointly identify a specific commodity as a priority, the importing Party should establish a preliminary list of pests for that commodity, within a period of time determined by the Parties, once it receives from the exporting Party:
(a)
information on the pest status in the territory of the exporting Party that relates to the pests regulated by at least one of the Parties; and
(b)
information on the pest status of other pests occurring in its territory based on international databases and other available sources.
2.
The preliminary list of pests of an importing Party may include pests that are already regulated in its territory. It may also include potential quarantine pests for which the importing Party may require a pest risk analysis should a commodity be confirmed as a priority in accordance with paragraph 3.
3.
For a commodity:
(a)
for which a preliminary list of pests has been established pursuant to paragraph 2;
(b)
which the Parties confirm is a priority; and
(c)
for which the exporting Party has provided all relevant information required by the importing Party,
the importing Party should undertake the steps necessary to establish its regulated pest list as well as the specific import requirements for that commodity.
4.
If the importing Party provides for more than one phytosanitary measure to meet the specific import requirements for a specific commodity, the competent authority of the exporting Party should communicate to the competent authority of the importing Party which measure or measures it will use as the basis for certification.
ANNEX 5-H
PRINCIPLES AND GUIDELINES TO CONDUCT AN AUDIT OR VERIFICATION
To be agreed at a later stage.
ANNEX 5-I
EXPORT CERTIFICATION
Model attestation for health certificates for animals and animal products
1.
Official health certificates shall cover consignments of products being traded between the Parties.
Health attestations
2.
Equivalence agreed: Model health attestation to be used (equivalence for measures or certification systems). Refer to Annex 5-E;
‘The [insert product] herein described, complies with the relevant [European Union/Canada]
 (
*1
)
 SPS measure(s) and requirement(s) which have been recognised as equivalent to the [Canada/European Union] (*) SPS measure(s) and requirement(s) as prescribed in Annex 5-E of the Canada-European Union Comprehensive Economic and Trade Agreement [and the special condition(s) as set out in Annex 5-E] (*).
3.
Until certificates on the basis of equivalence have been adopted, existing certification shall continue to be used.
Official languages for certification
4.
(a)
For import into the European Union, the certificate must be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union; and
(b)
for import into Canada, the certificate must be drawn up in one of the official languages of Canada.
Means of certification
5.
The exchange of original certificate information may occur by a paper-based system or a secure method of electronic data transmission that offers an equivalent certification guarantee. The exporting Party may elect to provide electronic official certification if the importing Party has determined that equivalent security guarantees are being provided, including the use of a digital signature and a non-repudiation mechanism. The importing Party's agreement for the exclusive use of electronic certification can either be recorded through correspondence in one of the annexes to this Chapter or by correspondence in accordance with Article 5.14.8.
6.
The European Union may set out its import certificates for live animals and animal products from Canada with an equivalence status referred to in Annex 5-E in Trade Control and Expert System (‘TRACES’).
(
*1
)
  Delete as appropriate.’
         ’
ANNEX 5-J
IMPORT CHECKS AND FEES
SECTION A
Frequencies of checks
The Parties may modify any frequency rate, within their responsibilities, as appropriate, taking into account the nature of checks applied by the exporting Party prior to export, the importing Party's past experience with products imported from the exporting Party, progress made toward the recognition of equivalence, or as a result of other actions or consultations provided for in this Agreement.
Table 1
Frequencies of frontier checks on consignments of live animals, animal products and animal by-products
Type of frontier check
Normal rate as referred to in Article 5.10.1
1.   
Documentary and identity
Each Party performs documentary and identity checks on all consignments
2.
Physical Checks
Live animals
100 per cent
Semen, embryos or ova
10 per cent
Animal products for human consumption
Fresh meat including offal, and products of the bovine, ovine, caprine, porcine and equine species defined in Council Directive 92/5/EEC
Whole eggs
Lard and rendered fats
Animal casings
Gelatin
Poultry meat and poultry meat products
Rabbit meat, game meat (wild/farmed) and products
Milk and milk products
Egg products
Honey
Bone and bone products
Meat preparations and minced meat
Frogs' legs and snails
10 per cent
Animal products not for human consumption
Lard and rendered fats
Animal casings
Milk and milk products
Gelatin
Bone and bone products
Hides and skins ungulates
Game trophies
Processed petfood
Raw material for the manufacture of petfood
Raw material, blood, blood products, glands and organs for pharmaceutical or technical use
Processed animal protein (packaged)
Bristles, wool, hair and feathers
Horns, horn products, hooves and hoof products
Apiculture products
Hatching eggs
Manure
Hay and straw
10 per cent
Processed animal protein not for human consumption (bulked)
100 per cent for six consecutive consignments (as per Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009), if these consecutive tests prove negative, random sampling shall be reduced to 20 per cent of subsequent bulk consignments from the same source. If one of these random sampling proves positive, the competent authority must sample each consignment from the same source until six consecutive tests again prove negative.
Live bivalve molluscan shellfish
15 per cent
Fish and fishery products for human consumption
Fish products in hermetically sealed containers intended to render them stable at ambient temperatures, fresh and frozen fish, dry fisheries products, salted fisheries products, or dry and salted fisheries products
15 per cent
Other fishery products
Live crustaceans or fresh headed and degutted fish without other manual processing
2 per cent
For the purposes of this Annex, ‘consignment’ means a quantity of products of the same type, covered by the same health certificate or document, conveyed by the same means of transport, consigned by a single consignee and originating from the same exporting Party or part of that Party.
SECTION B
Fees
To be agreed at a later stage.
ANNEX 8-A
EXPROPRIATION
The Parties confirm their shared understanding that:
1.
Expropriation may be direct or indirect:
(a)
direct expropriation occurs when an investment is nationalised or otherwise directly expropriated through formal transfer of title or outright seizure; and
(b)
indirect expropriation occurs if a measure or series of measures of a Party has an effect equivalent to direct expropriation, in that it substantially deprives the investor of the fundamental attributes of property in its investment, including the right to use, enjoy and dispose of its investment, without formal transfer of title or outright seizure.
2.
The determination of whether a measure or series of measures of a Party, in a specific fact situation, constitutes an indirect expropriation requires a case-by-case, fact-based inquiry that takes into consideration, among other factors:
(a)
the economic impact of the measure or series of measures, although the sole fact that a measure or series of measures of a Party has an adverse effect on the economic value of an investment does not establish that an indirect expropriation has occurred;
(b)
the duration of the measure or series of measures of a Party;
(c)
the extent to which the measure or series of measures interferes with distinct, reasonable investment-backed expectations; and
(d)
the character of the measure or series of measures, notably their object, context and intent.
3.
For greater certainty, except in the rare circumstance when the impact of a measure or series of measures is so severe in light of its purpose that it appears manifestly excessive, non-discriminatory measures of a Party that are designed and applied to protect legitimate public welfare objectives, such as health, safety and the environment, do not constitute indirect expropriations.
ANNEX 8-B
PUBLIC DEBT
1.
For the purposes of this Annex:
negotiated restructuring
 means the restructuring or rescheduling of debt of a Party that has been effected through
(a)
a modification or amendment of debt instruments, as provided for under their terms, including their governing law, or
(b)
a debt exchange or other similar process in which the holders of no less than 75 per cent of the aggregate principal amount of the outstanding debt subject to restructuring have consented to such debt exchange or other process; and
governing law
 of a debt instrument means a jurisdiction's laws applicable to that debt instrument.
2.
No claim that a restructuring of debt of a Party breaches an obligation under Sections C and D may be submitted, or if already submitted continue, under Section F if the restructuring is a negotiated restructuring at the time of submission, or becomes a negotiated restructuring after such submission, except for a claim that the restructuring violates Article 8.6 or 8.7.
3.
Notwithstanding Article 8.22.1(b) and subject to paragraph 2, an investor of a Party may not submit a claim under Section F that a restructuring of debt of a Party breaches an obligation under Sections C and D (other than Article 8.6 or 8.7) 
(
1
)
 unless 270 days have elapsed from the date of submission by the claimant of the written request for consultations pursuant to Article 8.19.
4.
For greater certainty, 
debt of a Party
 means a debt instrument of any level of government of a Party.
(
1
)
  For greater certainty, mere differences in treatment accorded by a Party to certain investors or investments on the basis of legitimate policy objectives in the context of a debt crisis or threat thereof, including those differences in treatment resulting from eligibility for debt restructuring, do not amount to a breach of Article 8.6 or 8.7.
ANNEX 8-C
EXCLUSIONS FROM DISPUTE SETTLEMENT
A decision by Canada following a review under the 
Investment Canada Act
, R.S.C. 1985, c. 28 (1st Supp.), regarding whether or not to permit an investment that is subject to review, is not subject to the dispute settlement provisions under Section F, or to Chapter Twenty-Nine (Dispute Settlement). For greater certainty, this exclusion is without prejudice to the right of a Party to have recourse to Chapter Twenty-Nine (Dispute Settlement) with respect to the consistency of a measure with a Party's reservations, as set out in the Party's Schedule to Annexes I, II or III, as appropriate.
ANNEX 8-D
JOINT DECLARATION CONCERNING ARTICLE 8.12.6
Mindful that the Tribunal for the resolution of investment disputes between investors and states is meant to enforce the obligations referred to in Article 8.18.1, and is not an appeal mechanism for the decisions of domestic courts, the Parties recall that the domestic courts of each Party are responsible for the determination of the existence and validity of intellectual property rights. The Parties further recognise that each Party shall be free to determine the appropriate method of implementing the provisions of this Agreement regarding intellectual property within their own legal system and practice. The Parties agree to review the relation between intellectual property rights and investment disciplines within three years after entry into force of this Agreement or at the request of a Party. Further to this review and to the extent required, the Parties may issue binding interpretations to ensure the proper interpretation of the scope of investment protection under this Agreement in accordance with the provisions of Article 8.31.3.
ANNEX 8-E
JOINT DECLARATION ON ARTICLES 8.16, 9.8, AND 28.6
With respect to Articles 8.16, 9.8 (Denial of benefits) and 28.6 (National security), the Parties confirm their understanding that measures that are ‘related to the maintenance of international peace and security’ include the protection of human rights.
ANNEX 8-F
DECLARATION BY CANADA ON THE 
INVESTMENT CANADA ACT
Canada will increase the threshold for review under the 
Investment Canada Act
, R.S.C. 1985, c. 28 (1st Supp.) (‘ICA’) to CAD $1.5 billion once this Agreement is implemented.
Any future amendments to the ICA would be subject to the requirement that such amendments could not decrease the conformity of the ICA with the investment obligations of this Agreement.
As set out in Canada's ICA reservation (Annex I-C-1), the higher threshold will apply to an acquisition of a Canadian enterprise by an investor of the European Union that is not a state enterprise. The determination of whether the acquirer is an investor of the European Union would be based on whether a national of the European Union controls the acquirer in law, or in the absence of a majority ownership, whether nationals of the European Union control the acquirer in fact such as through the ownership of voting interests or through the nationality of members of the board of directors. Moreover, enterprises of the European Union that are controlled by nationals from Canada's existing Free Trade Agreement partners with which Canada has taken investment commitments would also benefit from the higher threshold.
Canada will amend its ICA to provide for the changes necessary for the higher review threshold stated above upon the entry into force of this Agreement.
ANNEX 9-A
UNDERSTANDING ON NATIONAL TREATMENT WITH RESPECT TO THE CROSS-BORDER SUPPLY OF SERVICES
1.
The EU Party and Canada share the following understanding with respect to the application of Article 9.3 to treatment accorded by a provincial or territorial government in Canada, or by a government of or in a Member State of the European Union with respect to the cross-border supply of services as defined in Article 9.1 or the supply of a service by a natural person of a Party in the territory of the other Party.
2.
Pursuant to Article 9.3, treatment ‘no less favourable than the most favourable treatment accorded, in like situations, by that government to its own service suppliers and services’ does not apply to a person of the other Party, or to a service supplied by this person if:
(a)
in the case of Canada, a provincial or territorial government of Canada accords more favourable treatment to a service supplier which is a person of another provincial or territorial government of Canada, or to a service supplied by this supplier; and
(b)
in the case of the EU Party:
(i)
a government of a Member State of the European Union accords more favourable treatment to a service supplier which is a person of another Member State or to a service supplied by this supplier;
(ii)
a regional government of a Member State of the European Union accords more favourable treatment to a service supplier which is a person of another regional government of that Member State, or to a service supplied by this supplier; and
(c)
the more favourable treatment referred to in subparagraphs (a) and (b) is accorded pursuant to specific mutual rights and obligations applicable between these governments.
3.
For the EU Party, paragraph 2 includes in particular treatment accorded pursuant to the 
Treaty on the Functioning of the European Union
, done at Lisbon on 13 December 2007 in respect of the free movement of persons and services, as well as to treatment accorded by any measure adopted pursuant to that Treaty. A government of or in a Member State of the European Union may accord more favourable treatment pursuant to the 
Treaty on the Functioning of the European Union
 to those natural persons who are nationals of another Member State of the European Union, or to enterprises formed in accordance with the law of another Member State of the European Union and having their registered office, central administration or principal place of business within the European Union, and to the services supplied by these natural persons or enterprises.
4.
For Canada, paragraph 2 includes in particular treatment accorded pursuant to the Canadian 
Agreement on Internal Trade
, dated 18 July 1994, between the Government of Canada and the governments of the provinces and territories of Canada (‘AIT’) as well as to treatment accorded by any measure adopted pursuant to the AIT and from regional agreements on the free movement of persons and services. A provincial or territorial government in Canada may accord a more favourable treatment pursuant to the AIT and these regional agreements to those natural persons who are residents in the territory of a party to the AIT or regional agreement or to enterprises formed in accordance with the law of a party to the AIT or regional agreement that have their registered office, central administration or principal place of business within Canada, and to the services supplied by these natural persons or enterprises.
ANNEX 9-B
UNDERSTANDING ON NEW SERVICES NOT CLASSIFIED IN THE UNITED NATIONS PROVISIONAL CENTRAL PRODUCT CLASSIFICATION (CPC), 1991
1.
The Parties agree that Chapter Twelve (Domestic Regulation) and Articles 9.3, 9.5, and 9.6 do not apply to a measure relating to a new service that cannot be classified in the CPC 1991.
2.
To the extent possible, each Party shall notify the other Party prior to adopting a measure inconsistent with Chapter Twelve (Domestic Regulation), and Articles 9.3, 9.5, and 9.6 with respect to a new service, as referred to in paragraph 1.
3.
At the 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 1991, but that could not previously be supplied on a cross-border basis due to lack of technical feasibility.
ANNEX 9-C
UNDERSTANDING ON COURIER SERVICES
1.
The Parties share the following understanding with respect to the application of Articles 8.2.2(a) (Scope) and 9.2.2(e) (Scope).
2.
The Parties confirm that courier services are covered by Chapters Eight (Investment) and Nine (Cross-Border Trade in Services), subject to applicable reservations as set out in the Parties' Schedules to Annexes I and II. For greater certainty, the treatment offered to courier services under Chapters Eight and Nine does not include the grant of air traffic rights for courier service suppliers. These rights are subject to the 
Agreement on Air Transport between Canada and the European Community and its Member States
, done at Brussels on 17 December 2009 and Ottawa on December 18, 2009.
ANNEX 10-A
LIST OF CONTACT POINTS OF THE MEMBER STATES OF THE EUROPEAN UNION
For the purposes of this Annex, the abbreviations are as defined in paragraph 8 of Annex 10-E.
AT
For residence and visa issues:
Department III/4 — Residence, Civil Status and Citizenship Matters
Federal Ministry of the Interior
For labour market issues:
EU labour market laws and international affairs of labour market laws
Federal Ministry for Labour, Social Affairs and Consumer Protection
BE
Direction générale Potentiel économique
Politique Commerciale
BG
Director of International labour migration and mediation
Employment Agency
CY
Director of Civil Registry and Migration Department
Ministry of Interior
CZ
Ministry of Industry and Trade
Department of Common Trade Policy and International Economic Organisations
DE
CETA Advisor
Canadian German Chamber of Industry and Commerce Inc.
DK
Danish Agency for Labour Market and Recruitment
Ministry of Employment
EE
Head of Migration- and Border Policy Department
Estonian Ministry of the Interior
EL
Directorate for Justice, Home Affairs & Schengen issues
Ministry of Foreign Affairs
ES
Ministry of Employment and Social Security
Ministry of Economy and Competitiveness — Trade and Investment General-Directorate
FI
Immigration Unit, Section for employed persons
Finnish Immigration Service
FR
Direction générale des étrangers en France (DGEF).
Ministère de l'Intérieur
HR
Head of Trade Policy Department
Ministry of Foreign and European Affairs
HU
Department for Trade Policy
Ministry of Foreign Affairs and Foreign Trade
IE
Immigration and Citizenship Policy Division
Irish Naturalisation & Immigration Service
IT
DG Trade Policy
Ministry for Economic Development
LT
International Economic Organizations Division
External Economic Relations Department
Ministry of Foreign Affairs of the Republic of Lithuania
LU
Bureau des Passeports, Visas et Légalisations
Ministry of Foreign Affairs
LV
Office of Citizenship and Migration Affairs of Latvia
MT
Director Citizenship and Expatriate Affairs
Citizenship and Expatriate Affairs Department
Ministry for Home Affairs & National Security
NL
Directorate General for Foreign Economic Relations
Ministry of Foreign Affairs
PT
Directorate General for Consular Affairs and Portuguese Communities
Ministry of Foreign Affairs
PL
Department of Trade Policy
Ministry of Economy
RO
Unit for Residence/Staying UE, SEE Citizens and Third Country — Migration Directorate
General Inspectorate for Immigration (GII)
SE
National Board of trade
Ministry of Justice, Division for Migration and Asylum Policy
SI
Migration Policy and Legislation Division
Migration Office
Internal Administrative Affairs, Migration and Naturalization Directorate
Ministry of the Interior
SK
Aliens Police Department
Bureau of Border and Aliens Police of Presidium of the Police Force
Trade Policy Department
Ministry of Economy
UK
Head of Migration Policy
Immigration and Border Policy Directorate
Home Office
ANNEX 10-B
RESERVATIONS AND EXCEPTIONS APPLYING IN SPECIFIC MEMBER STATES OF THE EUROPEAN UNION FOR KEY PERSONNEL AND SHORT-TERM BUSINESS VISITORS
1.   Articles 10.7 and 10.9 do not apply to any existing non-conforming measure listed in this Annex, to the extent of the non-conformity.
2.   A measure listed in this Annex may be maintained, continued, promptly renewed, or amended, provided that the amendment does not decrease the conformity of the measure with Articles 10.7 or 10.9, as it existed immediately before the amendment. 
(
1
)
3.   
Business visitors for investment purposes
All sectors
AT:
 Business visitor needs to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
CZ:
 Business visitor for investment purposes needs to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
SK:
 Business visitor for investment purposes needs to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound. Work permit required, including economic needs test.
UK:
 Permissible length of stay: up to 90 days in any twelve month period. Business visitor needs to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
4.   
Investors
All sectors
AT:
 Economic needs test.
CZ, SK:
 Work permit, including economic needs test, required in case of investors employed by an enterprise.
DK:
 Maximum stay of 90 days within any six month period. If investors wish to establish a business in Denmark as self-employed, a work permit is required.
FI:
 Investors need to be employed by an enterprise other than a non-profit organisation, in a position of middle or top management.
HU:
 Maximum length of stay 90 days where the investor is not employed by an enterprise in Hungary. Economic needs test required where the investor is employed by an enterprise in Hungary.
IT:
 Economic needs test required where the investor is not employed by an enterprise.
LT, NL, PL:
 the category of investors is not recognised with regard to natural persons representing the investor.
LV:
 For pre-investment phase maximum length of stay is limited to 90 days within any six months period. Extension in post-investment phase to one year, subject to criteria in national legislation such as field and amount of investment made.
UK:
 The category of investors is not recognised: Unbound.
5.   
Intra-corporate transferees (specialists and senior personnel)
All sectors
BG:
 The number of foreign natural persons employed within a Bulgarian enterprise may not exceed ten per cent of the average annual number of citizens of the European Union employed by the respective Bulgarian enterprise. Where less than 100 persons are employed, the number may, subject to authorisation, exceed ten per cent.
AT, CZ, SK, UK:
 Intra-corporate transferees need to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
FI:
 Senior personnel needs to be employed by an enterprise other than a non-profit organisation.
HU:
 Natural persons who have been a partner in an enterprise do not qualify to be transferred as intra-corporate transferees.
6.   
Intra-corporate transferees (graduate trainees)
All sectors
AT, CZ, FR, DE, ES, HU, SK:
 The training which is to be delivered as a result of the transfer of a graduate trainee to an enterprise must be linked to the university degree which has been obtained by the graduate trainee.
BG, HU:
 Economic needs test.
CZ, FI, SK, UK:
 Graduate trainee needs to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
7.   
Short-term business visitors
All activities in Annex 10-D
DK, HR:
 Work permit, including economic needs test, required in case the short-term business visitor provides a service in the territory of Denmark or Croatia, respectively.
LV:
 Work permit required for operations/activities to be performed on the basis of a contract.
SK:
 In case of providing a service in the territory of Slovakia, a work permit, including economic needs test, is required beyond seven days in a month or 30 days in calendar year.
UK:
 The category of short-term business visitors is not recognised: Unbound.
Research and Design
AT:
 Work permit, including economic needs test, required, except for research activities of scientific and statistical researchers.
NL:
 Work permit required, including economic needs test.
Marketing research
AT:
 Work permit required, including economic needs test. Economic needs test is waived for research and analysis activities for up to seven days in a month or 30 days in a calendar year. University degree required.
NL:
 Work permit required, including economic needs test.
Trade Fairs and Exhibitions
AT:
 Work permit, including economic needs test, required for activities beyond seven days in a month or 30 days in a calendar year.
After-Sales or After-Lease Service
AT:
 Work permit required, including economic needs test. Economic needs test is waived for natural persons training workers to perform services and possessing uncommon knowledge.
CZ:
 Work permit is required beyond seven days in a month or 30 days in calendar year.
FI:
 Depending on the activity, a residence permit may be required.
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.
Commercial Transactions
AT:
 Work permit, including economic needs test, required for activities beyond seven days in a month or 30 days in a calendar year.
FI:
 The natural person needs to be providing services as an employee of an enterprise located in the territory of the other Party.
NL:
 Work permit required, including economic needs test.
Tourism personnel
NL:
 Work permit required, including economic needs test.
FI:
 The natural person needs to be providing services as an employee of an enterprise located in the territory of the other Party.
PL:
 Unbound.
SE:
 Work permit required, except for drivers and staff of tourist buses. No economic needs test performed.
Translation and Interpretation
AT, NL:
 Work permit required, including economic needs test.
PL:
 Unbound.
(
1
)
  This paragraph does not apply to UK reservations.
ANNEX 10-C
EQUIVALENT QUALIFICATIONS FOR ENGINEERING TECHNOLOGISTS AND SCIENTIFIC TECHNOLOGISTS
For the purpose of this Agreement:
(a)
for engineering technologists (CPC 8672, and 8673): completion of a three year post-secondary degree from an officially recognised institution in engineering technology is considered equivalent to a university degree; and
(b)
for scientific technologists (CPC 881, 8671, 8674, 8676, 851, 852, 853, 8675, and 883): completion of a three year post-secondary degree from an officially recognised institution in the disciplines of agriculture, architecture, biology, chemistry, physics, forestry, geology, geophysics, mining and energy is considered equivalent to a university degree.
ANNEX 10-D
ACTIVITIES OF SHORT-TERM BUSINESS VISITORS
(a)
meetings and consultations
: natural persons attending meetings or conferences, or engaged in consultations with business associates;
(b)
research and design
: technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of the other Party;
(c)
marketing research
: market researchers and analysts conducting research or analysis for an enterprise located in the territory of the other Party;
(d)
training seminars
: personnel of an enterprise who enter the territory of the other Party to receive training in techniques and work practices who are employed by companies or organisations in that Party, provided that the training received is confined to observation, familiarisation and classroom instruction only;
(e)
trade fairs and exhibitions
: personnel attending a trade fair for the purpose of promoting their company or its products or services;
(f)
sales
: representatives of a supplier of services or goods taking orders or negotiating the sale of services or goods or entering into agreements to sell services or goods for that supplier, but not delivering goods or supplying services themselves. Short-term business visitors do not engage in making direct sales to the general public;
(g)
purchasing
: buyers purchasing goods or services for an enterprise, or management and supervisory personnel, engaging in a commercial transaction carried out in the territory of the other Party;
(h)
after-sales or after-lease service
: installers, repair and maintenance personnel, and supervisors, possessing specialised knowledge essential to a seller's contractual obligation, performing services or training workers 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 software, purchased or leased from an enterprise located outside the territory of the Party into which temporary entry is sought, throughout the duration of the warranty or service contract;
(i)
commercial transactions
: management and supervisory personnel and financial services personnel (including insurers, bankers and investment brokers) engaging in a commercial transaction for an enterprise located in the territory of the other Party;
(j)
tourism personnel
: tour and travel agents, tour guides or tour operators attending or participating in conventions or accompanying a tour that has begun in the territory of the other Party; and
(k)
translation and interpretation
: translators or interpreters performing services as employees of an enterprise located in the territory of the other Party.
ANNEX 10-E
SECTORAL COMMITMENTS ON CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS
1.
Each Party shall allow the supply of services in its territory by contractual services suppliers or independent professionals of the other Party through the presence of natural persons, in accordance with Article 10.8, for the sectors listed in this Annex, and subject to the relevant limitations.
2.
The list of reservations is composed of the following elements:
(a)
the first column indicates the sector or sub-sector in which the reservation applies; and
(b)
the second column describes the applicable limitations.
3.
For Canada, sectoral commitments apply to occupations listed under level ‘0’ and ‘A’ of Canada's National Occupational Classification (‘NOC’).
4.
In addition to the list of reservations in this Annex, each Party may adopt or maintain a measure relating to qualification requirements, qualification procedures, technical standards, licensing requirements or licensing procedures that does not constitute a limitation within the meaning of Article 10.8. These measures, which include requirements to obtain a licence, obtain recognition of qualifications in regulated sectors or to pass specific examinations, such as language examinations, even if not listed in this Annex, apply in any case to contractual services suppliers or independent professionals of the Parties.
5.
For the European Union, in the sectors where an economic needs test is applied, the main criteria is the assessment of the relevant market situation in the Member State of the European Union or the region where the service is provided, including with respect to the number of, and the impact on, existing services suppliers.
6.
The European Union takes commitments with respect to Article 10.8 differentiated by its Member States, as set out in the list of reservations included in this Annex.
7.
The rights and obligations that arise from this Annex have no self-executing effect and confer no rights directly on natural or juridical persons.
8.
The following abbreviations are used in the list of reservations included in this Annex:
AT
Austria
BE
Belgium
BG
Bulgaria
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
ES
Spain
EU
European Union, including all its Member States
FI
Finland
FR
France
EL
Greece
HR
Croatia
HU
Hungary
IE
Ireland
IT
Italy
LV
Latvia
LT
Lithuania
LU
Luxembourg
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
RO
Romania
SK
Slovak Republic
SI
Slovenia
SE
Sweden
UK
United Kingdom
CAN
Canada
CSS
: Contractual Service Suppliers
IP
: Independent Professionals
9.
Article 10.8.1 applies to the following sectors or sub-sectors:
(a)
Legal advisory services in respect of public international law and foreign law 
(
1
)
(b)
Accounting and bookkeeping services
(c)
Taxation advisory services
(d)
Architectural services and urban planning and landscape architectural services
(e)
Engineering services and integrated engineering services
(f)
Medical and dental services
(g)
Veterinary services
(h)
Midwives services
(i)
Services provided by nurses, physiotherapists and paramedical personnel
(j)
Computer and related services
(k)
Research and development services
(l)
Advertising services
(m)
Market research and opinion polling
(n)
Management consulting services
(o)
Services related to management consulting
(p)
Technical testing and analysis services
(q)
Related scientific and technical consulting services
(r)
Mining
(s)
Maintenance and repair of vessels
(t)
Maintenance and repair of rail transport equipment
(u)
Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment
(v)
Maintenance and repair of aircrafts and parts thereof
(w)
Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods
(x)
Translation and interpretation services
(y)
Telecommunication services
(z)
Postal and courier services
(aa)
Construction and related engineering services
(bb)
Site investigation work
(cc)
Higher education services
(dd)
Services relating to agriculture, hunting and forestry
(ee)
Environmental services
(ff)
Insurance and insurance related services advisory and consulting services
(gg)
Other financial services advisory and consulting services
(hh)
Transport advisory and consulting services
(ii)
Travel agencies and tour operators' services
(jj)
Tourist guides services
(kk)
Manufacturing advisory and consulting services
10.
Article 10.8.2 applies to the following sectors or sub-sectors:
(a)
Legal advisory services in respect of public international law and foreign law 
(
2
)
(b)
Architectural services and urban planning and landscape architectural services
(c)
Engineering services and integrated engineering services
(d)
Computer and related services
(e)
Research and development services
(f)
Market research and opinion polling
(g)
Management consulting services
(h)
Services related to management consulting
(i)
Mining
(j)
Translation and interpretation services
(k)
Telecommunication services
(l)
Postal and courier services
(m)
Higher education services
(n)
Insurance related services advisory and consulting services
(o)
Other financial services advisory and consulting services
(p)
Transport advisory and consulting services
(q)
Manufacturing advisory and consulting services
11.
List of reservations
Sector or sub-sector
Description of reservations
EU — ALL SECTORS
Length of stay
In 
AT, UK
: 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 less.
In 
LT:
 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 less.
In 
BE, CZ, MT, 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 less.
Technologists
Annex 10-C applies to the EU with the exception of: 
AT, DE, EL, ES, HU, IT, LT, NL, PT, SK, UK
.
In 
CY
: Annex 10-C applies only with regard to technologists active in sub-sectors CPC 8676, 851, 852, 853, and 883.
In 
FI
: Economic needs test.
In 
FR
: Annex 10-C applies only with regard to technologists active in sub-sector CPC 86721.
In 
PL
: Technologist must possess as a minimum a degree equivalent to bachelor's degree.
CAN — ALL SECTORS
Technologists
CAN
: Annex 10-C applies.
Legal advisory services in respect of public international law and foreign law
(part of CPC 861)
CSS:
In 
AT, BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, PT, SE, UK
: None.
In 
BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI, SK
: Economic needs test.
CAN
: None.
IP:
In 
AT, CY, DE, EE, FR, HR, IE, LU, LV, NL, PL, PT, SE, UK
: None.
In 
BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI, SK
: Economic needs tests.
CAN
: None.
Accounting and bookkeeping services
(CPC 86212 other than ‘auditing services’, 86213, 86219 and 86220)
CSS:
In 
AT, BE, CY, DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE, UK
: None.
In 
BG, CZ, DK, EL, FI, FR, HU, LT, LV, MT, RO, SK
: Economic needs test.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Taxation advisory services
(CPC 863)
 (
3
)
CSS:
In 
AT, BE, CY, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE, UK
: None.
In 
BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK
: Economic needs test.
In 
PT
: Unbound.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Architectural services
and
Urban planning and landscape architectural services
(CPC 8671 and 8674)
CSS:
In 
BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
FI
: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.
In 
BG, CZ, DE, HU, LT, LV, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
In 
AT
: Urban planning services only, where: Economic needs test.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK
: None.
In 
FI
: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.
In 
BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Economic needs test.
In 
AT
: Urban planning services only, where: Economic needs test.
CAN
: None.
Engineering services
and
Integrated engineering services
(CPC 8672 and 8673)
CSS:
In 
BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
FI
: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.
In 
BG, CZ, DE, LT, LV, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
In 
AT
: Planning services only, where: Economic needs test.
In 
HU
: Economic needs test.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK
: None.
In 
FI
: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.
In 
BE, BG, CZ, DK, ES, IT, LT, RO, SK
: Economic needs test.
In 
AT
: Planning services only, where: Economic needs test.
In 
HU
: Economic needs test.
CAN
: None.
Medical (including psychologists) and dental services
(CPC 9312 and part of 85201)
CSS:
In 
SE
: None.
In 
CY, CZ, DE, DK, EE, ES, IE, IT, LU, MT, NL, PL, PT, RO, SI
: Economic needs test.
In 
FR
: Economic needs test, except for psychologists, where: Unbound.
In 
AT
: Unbound, except for psychologists and dental services, where: Economic needs test.
In 
BE, BG, EL, FI, HR, HU, LT, LV, SK, UK
: Unbound.
CAN
: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Veterinary services
(CPC 932)
CSS:
In SE: None.
In 
CY, CZ, DE, DK, EE, EL, ES, FI, FR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI
: Economic needs test.
In 
AT, BE, BG, HR, HU, LV, SK, UK
: Unbound.
CAN
: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Midwives services
(part of CPC 93191)
CSS:
In 
SE
: None.
In 
AT, CY, CZ, DE, DK, EE, EL, ES, FR, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI
: Economic needs test.
In 
BE, BG, FI, HR, HU, SK, UK
: Unbound.
CAN
: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Services provided by nurses, physiotherapists and paramedical personnel
(part of CPC 93191)
CSS:
In 
SE
: None.
In 
AT, CY, CZ, DE, DK, EE, EL, ES, FR, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI
: Economic needs test.
In 
BE, BG, FI, HR, HU, SK, UK
: Unbound.
CAN
: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Computer and related services
(CPC 84)
CSS:
In 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, LV, MT, NL, PL, PT, SI, SE, UK
: None.
In 
FI
: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.
In 
AT, BG, CZ, HU, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test except for CSS stays of up to three months.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK
: None.
In 
FI
: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.
In 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Economic needs test.
In 
HR
: Unbound.
CAN
: None.
Research and development Services
(CPC 851, 852 excluding psychologists services
 (
4
)
, and 853)
CSS:
EU except in SE
: A hosting agreement with an approved research organisation is required
 (
5
)
.
EU
 except in 
CZ, DK, SK
: None
In 
CZ, DK, SK
: Economic needs test.
CAN
: None.
IP:
EU except in SE
: A hosting agreement with an approved research organisation is required
 (
6
)
.
EU
 except in 
BE, CZ, DK, IT, SK
: None
In 
BE, CZ, DK, IT, SK
: Economic needs test.
CAN
: None.
Advertising services
(CPC 871)
CSS:
In 
BE, CY, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK
: Economic needs test.
CAN: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Market research and opinion polling services
(CPC 864)
CSS:
In 
BE, CY, DE, EE, ES, FR, IE, IT, LU, NL, PL, SE, UK
: None.
In 
AT, BG, CZ, DK, EL, FI, HR, LV, MT, RO, SI, SK
: Economic needs test.
In 
PT
: None, except for public opinion polling services (CPC 86402), where: Unbound.
In 
HU, LT
: Economic needs test, except for public opinion polling services (CPC 86402), where: Unbound.
CAN
: None.
IP:
In 
CY, DE, EE, FR, IE, LU, NL, PL, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, EL, ES, FI, HR, IT, LV, MT, RO, SI, SK
: Economic needs test.
In 
PT
: None, except for public opinion polling services (CPC 86402), where: Unbound.
In 
HU, LT
: Economic needs test, except for public opinion polling services (CPC 86402), where: Unbound.
CAN
: None.
Management consulting services
(CPC 865)
CSS:
In 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, HU, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK:
 None.
In 
AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO, SK
: Economic needs test.
CAN
: None.
Services related to management consulting
(CPC 866)
CSS:
In 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
In 
HU
: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, ES, HR, IT, LT, RO, SK
: Economic needs test
In 
HU
: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound.
CAN
: None.
Technical testing and analysis services
(CPC 8676)
CSS:
In 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE, UK
: None.
In 
AT, BG, CZ, FI, HU, LT, LV, MT, PT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Related scientific and technical consulting services
(CPC 8675)
CSS:
In 
BE, CY, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE, UK
: None.
In 
AT, CZ, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK
: Economic needs test.
In 
DE
: None, except for publicly appointed surveyors, where: Unbound.
In 
FR
: None, except for ‘surveying’ operations relating to the establishment of property rights and to land law, where: Unbound.
In 
BG
: Unbound.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Mining
 (CPC 883, advisory and consulting services only)
CSS:
In 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, HU, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, PL, RO, SK
: Economic needs test.
CAN
: None.
Maintenance and repair of vessels
(part of CPC 8868)
CSS:
In 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE, UK
: None
In 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK
: Economic needs test.
CAN
: None, except for Managers, where: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Maintenance and repair of rail transport equipment
(part of CPC 8868)
CSS:
In 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK
: Economic needs test.
CAN
: None, except for Managers, where: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment
(CPC 6112, 6122, part of 8867 and part of 8868)
CSS:
In 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK
: Economic needs test.
CAN
: None, except for Managers, where: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Maintenance and repair of aircraft and parts thereof
(part of CPC 8868)
CSS:
In 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK
: Economic needs test.
CAN
: None, except for Managers, where: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Maintenance and repair of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods
(
7
)
(CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866)
CSS:
In 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DE, DK, HU, IE, LT, RO, SK
: Economic needs test.
In 
FI
: Unbound, except in the context of an after-sales or after-lease contract, where: the length of stay is limited to six months; for maintenance and repair of personal and household goods (CPC 633): Economic needs test.
CAN
: None, except for Managers in Utilities, where: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Translation and interpretation services
(CPC 87905, excluding official or certified activities)
CSS:
In 
BE, CY, DE, EE, EL, ES, FR, HR, IT, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO, SK
: Economic needs test.
CAN
: None.
IP:
In 
CY, DE, EE, FR, LU, LV, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO, SK
: Economic needs test.
In 
HR
: Unbound.
CAN
: None.
Telecommunication services
 (CPC 7544, advisory and consulting services only)
CSS:
In 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, HU, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
CAN
: None, except for Managers, where: Unbound.
IP:
In 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Economic needs test.
CAN
: None, except for Managers, where: Unbound.
Postal and courier services
 (CPC 751, advisory and consulting services only)
CSS:
In 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, FI, HU, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
CAN
: None, except for Managers, where: Unbound.
IP:
In 
CY, DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, ES, FI, HU, IT, LT, RO, SK
: Economic needs test.
CAN
: None, except for Managers, where: Unbound.
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 
BE, DK, ES, NL, SE
: None.
In 
CZ
: Economic needs test.
In 
FR
: Unbound, except for technicians, where: the work permit is delivered for a period not exceeding six months. Compliance with an economic needs test is required.
CAN
: None, except for Managers, where: Unbound.
IP:
EU
: Unbound.
CAN
: Unbound.
Site investigation work
(CPC 5111)
CSS:
In 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, FI, HU, LT, LV, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Higher education services
(CPC 923)
CSS:
EU
 except in 
LU, SE
: Unbound.
In 
LU
: Unbound, except for university professors, where: None.
In 
SE
: None, except for publicly funded and privately funded educational services suppliers with some form of State support, where: Unbound.
CAN
: Unbound.
IP:
EU
 except in SE: Unbound.
In 
SE
: None, except for publicly funded and privately funded educational services suppliers with some form of State support, where: Unbound.
CAN
: Unbound.
Agriculture, hunting and forestry
 (CPC 881, advisory and consulting services only)
CSS:
EU
 except in 
BE, DE, DK, ES, FI, HR
 and 
SE
: Unbound
In 
BE, DE, ES, HR, SE
: None
In 
DK
: Economic needs test.
In 
FI
: Unbound, except for advisory and consulting services relating to forestry, where: None.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Environmental services
(CPC 9401, 9402, 9403, 9404, part of 94060, 9405, part of 9406 and 9409)
CSS:
In 
BE, CY, EE, ES, FI, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DE, DK, EL, HU, LT, LV, RO, SK
: Economic needs test.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Insurance and insurance related services
 (advisory and consulting services only)
CSS:
In 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, FI, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test except for CSS stays of up to three months.
In 
HU
: Unbound.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, ES, FI, IT, LT, PL, RO, SK
: Economic needs test.
In 
HU
: Unbound.
CAN
: None.
Other financial services
 (advisory and consulting services only)
CSS:
In 
BE, CY, DE, ES, EE, EL, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, FI, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS that stays of up to three months.
In 
HU
: Unbound.
CAN
: None.
IP:
In 
CY, DE, EE, EL, FR, HR, IE, LV, LU, MT, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, ES, FI, IT, LT, NL, PL, RO, SK
: Economic needs test.
In 
HU
: Unbound.
CAN
: None.
Transport
 (CPC 71, 72, 73, and 74, advisory and consulting services only)
CSS:
In 
CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, HU, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
In 
BE
: Unbound.
CAN
: None, except for Managers, where: Unbound.
IP:
In 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Economic needs test.
In 
PL
: Economic needs test, except for air transport, where: None.
In 
BE
: Unbound.
CAN
: None, except for Managers, where: Unbound.
Travel agencies and tour operators services
 (including tour managers
 (
8
)
)
(CPC 7471)
CSS:
In 
AT, CY, CZ, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE, UK
: None.
In 
BG, EL, FI, HU, LT, LV, MT, PT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
In 
BE,
IE
: Unbound, except for tour managers, where: None.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Tourist guides services
(CPC 7472)
CSS:
In 
SE, UK
: None.
In 
AT, BE, BG, CY, CZ, DE, DK, EE, FI, FR, EL, HU, IE, IT, LV, LU, MT, NL, RO, SK, SI
: Economic needs test.
In 
ES, HR, LT, PL, PT
: Unbound.
CAN
: None.
IP:
EU
: Unbound.
CAN
: Unbound.
Manufacturing
 (CPC 884, and 885, advisory and consulting services only)
CSS:
In 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: None.
In 
AT, BG, CZ, HU, LT, RO, SK
: Economic needs test.
In 
DK
: Economic needs test, except for CSS stays of up to three months.
CAN
: None, except for Managers, where: Unbound.
IP:
In 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: None.
In 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, PL, RO, SK
: Economic needs test.
CAN
: None, except for Managers, where: Unbound.
(
1
)
  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
’ applies to this Annex.
(
2
)
  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
’ applies to this Annex.
(
3
)
  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 foreign law.
(
4
)
  Part of CPC 85201, which is under medical and dental services.
(
5
)
  For all Member States of the European Union except UK and DK, the approval of the research organisation and the hosting agreement must meet the conditions set pursuant to EU Directive 2005/71/EC of 12 October 2005.
(
6
)
  For all Member States of the European Union except the UK and DK, the approval of the research organisation and the hosting agreement must meet the conditions set pursuant to EU Directive 2005/71/EC of 12 October 2005.
(
7
)
  Maintenance and repair services of office machinery and equipment including computers (CPC 845) are under computer services.
(
8
)
  Services suppliers whose function is to accompany a tour group of a minimum of 10 natural persons, without acting as guides in specific locations.
ANNEX 10-F
UNDERSTANDING ON SPOUSES OF INTRA-CORPORATE TRANSFEREES
1.
For the Member States of the European Union that are subject to the application of the existing Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (‘ICT Directive’), the European Union shall extend to spouses of Canadian citizens who are intra-corporate transferees to the European Union, the right of temporary entry and stay equivalent to that granted to spouses of intra-corporate transferees under the ICT Directive; and
2.
Canada shall extend to spouses of citizens of the European Union who are intra-corporate transferees to Canada treatment that is equivalent to the treatment granted to spouses of Canadian citizens who are intra-corporate transferees in the Member State of origin of the European Union intra-corporate transferee.
ANNEX 11-A
GUIDELINES FOR MRAs
Introduction
This Annex contains guidelines to provide practical guidance to facilitate the negotiation of MRAs with respect to regulated professions. These guidelines are non-binding and they do not modify or affect the rights and obligations of a Party under this Agreement.
Definitions
For the purposes of this Annex:
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. This period of supervised practice shall be subject to an assessment. 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;
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
scope of practice
 means an activity or group of activities covered by a regulated profession.
Form and Content of the MRA
This Section sets out various issues that may be addressed in a negotiation and, if so agreed, included in final MRAs. It outlines elements that might be required of foreign professionals seeking to benefit from an MRA.
1.   
Participants
The parties to the MRA should be clearly stated.
2.   
Purpose of the MRA
The purpose of the MRA should be clearly stated.
3.   
Scope of the MRA
The MRA should set out clearly:
(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 temporary or permanent access to the profession concerned.
4.   
Mutual Recognition Provisions
The MRA should clearly specify the conditions to be met for the recognition of qualifications in each jurisdiction and the level of equivalence agreed.
The following four-step process should be considered to simplify and facilitate the recognition of the qualifications.
Four-Step Process for the Recognition of Qualifications
Step One: Verification of Equivalency
The negotiating entities should verify the overall equivalence of the scopes of practice or qualifications of the regulated profession in their respective jurisdictions.
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.
Consequently, 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. These 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 (level and length of education, major educational focuses, overall subjects and areas).
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
There exists a substantial difference in the scope of qualifications required to practice a regulated profession, 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.
There exists a substantial difference in the scope of practice if:
(a)
one or more professional activities do not form part of the corresponding profession in the jurisdiction of origin;
(b)
these activities are subject to specific training in the host jurisdiction; and,
(c)
the training for these activities in the host jurisdiction covers substantially different matters from those covered by the applicant's qualification.
Step Three: Compensatory Measures
If the negotiating entities determine that there is a substantial difference in the scope of practice rights or of qualifications between the jurisdictions, they may determine compensatory measures to bridge the gap.
A compensatory measure may take the form of, among other things, an adaptation period or, if required, an aptitude test.
Compensatory measures should be proportionate to the substantial difference 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 difference in the scope of practice rights or qualifications between the jurisdictions, prior to determining a compensatory measure.
Step Four: Identification of the Conditions for Recognition
Once the assessment of the overall equivalency of the scopes 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 compensatory measures are necessary;
(d)
the extent to which professional experience may compensate for substantial differences;
(e)
a description of any compensatory measure, including the use of any adaptation period or aptitude test.
5.   
Mechanisms for Implementation
The MRA should state:
(a)
the rules and procedures to be used to monitor and enforce the provisions of the agreement;
(b)
the mechanisms for dialogue and administrative co-operation 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.
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, 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 host jurisdiction in relation to qualifications and licensing;
(e)
the procedures of appeal to or review by the relevant authorities.
The MRA should also include the following commitments by the relevant authorities:
(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.
6.   
Licensing and Other Provisions in the Host Jurisdiction
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, 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.
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.
7.   
Revision of the MRA
If the MRA includes terms under which the MRA can be reviewed or revoked, the details should be clearly stated.
8.   
Transparency
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. If possible, a Party should be given an opportunity to comment on the modifications of the other Party.
ANNEX 13-A
CROSS-BORDER TRADE IN FINANCIAL SERVICES
Schedule of Canada
Insurance and insurance-related services
1.
Article 13.7.1 applies to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
insurance of risks relating to:
(i)
maritime transport, commercial aviation and space launching and freight, including satellites, with this insurance to cover: the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and
(ii)
goods in international transit;
(b)
reinsurance and retrocession;
(c)
services auxiliary to insurance as described in sub-subparagraph (iv) of the definition of insurance and insurance-related services in Article 13.1; and
(d)
insurance intermediation, such as brokerage and agency, of insurance risks related to the services listed in subparagraphs (a) and (b).
Banking and other financial services (excluding insurance)
2.
Article 13.7.1 applies to the cross-border supply of or trade in financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(b)
advisory, and other auxiliary financial services as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but excluding intermediation as described in that subparagraph.
Portfolio Management Services
3.
Article 13.7.1 applies to the cross-border supply or trade in financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to the supply of the following services to a collective investment scheme located in its territory:
(a)
investment advice; and
(b)
portfolio management services, excluding:
(i)
custodial services;
(ii)
trustee services; or
(iii)
execution services.
4.
For the purposes of this commitment, portfolio management means managing portfolios in accordance with mandates given by clients on a discretionary client-by-client basis if such portfolios include one or more financial instruments.
5.
A collective investment scheme means investment funds or fund management companies regulated or registered under relevant securities laws and regulations. Notwithstanding paragraph 3, Canada may require a collective investment scheme located in Canada to retain ultimate responsibility for the management of the collective investment scheme or the funds that it manages.
6.
Reservations for non-conforming measures set out by Canada in its Schedule to Annex III do not apply to paragraphs 3 through 5.
Schedule of the European Union
(applicable to all Member States of the European Union unless otherwise indicated)
Insurance and insurance-related services
1.
With the exception of 
CY, EE, LV, LT, MT
 and 
PL
 
(
1
)
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
insurance of risks relating to:
(i)
maritime transport, commercial aviation and space launching and freight, including satellites, with this insurance to cover: the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and
(ii)
goods in international transit;
(b)
reinsurance and retrocession;
(c)
services auxiliary to insurance as described in sub-subparagraph (iv) of the definition of insurance and insurance-related services in Article 13.1; and
(d)
insurance intermediation, such as brokerage and agency, of insurance risks related to the services listed in subparagraphs (a) and (b).
2.
For 
CY
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
direct insurance services (including co-insurance) for the insurance of risks relating to:
(i)
maritime transport, commercial aviation and space launching and freight, including satellites, with this insurance to cover: the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and
(ii)
goods in international transit;
(b)
insurance intermediation;
(c)
reinsurance and retrocession; and
(d)
services auxiliary to insurance as described in sub-subparagraph (iv) of the definition of insurance and insurance-related services in Article 13.1.
3.
For 
EE
, Article 13.7.1. applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
direct insurance (including co-insurance);
(b)
reinsurance and retrocession;
(c)
insurance intermediation; and
(d)
services auxiliary to insurance as described in sub-subparagraph (iv) of the definition of insurance and insurance-related services in Article 13.1.
4.
For 
LV
 and 
LT
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
insurance of risks relating to:
(i)
maritime transport, commercial aviation and space launching and freight, including satellites, with this insurance to cover: the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and
(ii)
goods in international transit;
(b)
reinsurance and retrocession; and
(c)
services auxiliary to insurance as described in sub-subparagraph (iv) of the definition of insurance and insurance-related services in Article 13.1.
5.
For 
MT
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
insurance of risks relating to:
(i)
maritime transport, commercial aviation and space launching and freight, including satellites, with this insurance to cover: the goods being transported, the vehicle transporting the goods, or liability deriving from that transport; and
(ii)
goods in international transit;
(b)
reinsurance and retrocession; and
(c)
services auxiliary to insurance as described in sub-subparagraph (iv) of the definition of insurance and insurance-related services in Article 13.1.
6.
For 
PL
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
insurance of risks relating to goods in international trade; and
(b)
reinsurance and retrocession of risks relating to goods in international trade.
Banking and other financial services (excluding insurance and insurance-related services)
7.
With the exception of 
BE, CY, EE
, 
LV, LT
, 
MT, SI
 and 
RO
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(b)
advisory and other auxiliary financial services relating to banking and other financial services, as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but not intermediation as described in that sub-subparagraph.
8.
For 
BE
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1.
9.
For 
CY
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
the trading for own account or for the account of customers, whether on an exchange, in an over-the-counter market or otherwise, of transferrable securities;
(b)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(c)
advisory and other auxiliary financial services relating to banking and other financial services, as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but not intermediation as described in that subparagraph.
10.
For 
EE
 and 
LT
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
acceptance of deposits;
(b)
lending of all types;
(c)
financial leasing;
(d)
all payment and money transmission services;
(e)
guarantees and commitments;
(f)
trading for own account or for account of customers, whether on an exchange or in an over-the-counter market;
(g)
participation in issues of all kinds of securities, including underwriting and placement as agent, whether publicly or privately, and supply of services related to such issues;
(h)
money broking;
(i)
asset management, such as cash or portfolio management, all forms of collective investment management, custodial, depository and trust services;
(j)
settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;
(k)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(l)
advisory and other auxiliary financial services relating to banking and other financial services, as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but not intermediation as described in that subparagraph.
11.
For 
LV
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
participation in issues of all kinds of securities, including underwriting and placement as agent, whether publicly or privately, and supply of services related to such issues;
(b)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(c)
advisory and other auxiliary financial services relating to banking and other financial services, as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but not intermediation as described in that subparagraph.
12.
For 
MT
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
the acceptance of deposits;
(b)
lending of all types;
(c)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(d)
advisory and other auxiliary financial services relating to banking and other financial services, as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but not intermediation as described in that subparagraph.
13.
For 
RO
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
acceptance of deposits;
(b)
lending of all types;
(c)
guarantees and commitments;
(d)
money broking;
(e)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(f)
advisory, and other auxiliary financial services relating to banking and other financial services, as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but not intermediation as described in that sub-subparagraph.
14.
For 
SI
, Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to:
(a)
lending of all types;
(b)
the acceptance of guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors;
(c)
the provision and transfer of financial information, and financial data processing and related software, as described in sub-subparagraph (xi) of the definition of banking and other financial services (excluding insurance) in Article 13.1; and
(d)
advisory and other auxiliary financial services relating to banking and other financial services, as described in sub-subparagraph (xii) of the definition of banking and other financial services (excluding insurance) in Article 13.1, but not intermediation as described in that sub-subparagraph.
Portfolio Management Services
15.
Article 13.7.1 applies to the cross-border supply of financial services, as defined in subparagraph (a) of the definition of cross-border supply of financial services in Article 13.1, with respect to portfolio management services to a European Union professional client located in the European Union, by a Canadian financial institution organised in Canada following a transitional period of four years from the entry into force of this Agreement. For greater certainty, this commitment is subject to the European Union prudential regulatory regime including equivalence assessment 
(
2
)
;
16.
For the purposes of this commitment:
(a)
portfolio management means managing portfolios in accordance with mandates given by clients on a discretionary client-by-client basis where such portfolios include one or more financial instruments;
(b)
portfolio management services do not include:
(i)
custodial services;
(ii)
trustee services; or
(iii)
execution services; and
(c)
in the European Union professional clients are those defined under point 1, letter e) of Section I of Annex II of Directive 2004/39/EC of 21 April 2004 on markets in financial instruments.
(
1
)
  The abbreviations used in this Annex are defined in paragraph 8 of the Headnote to Annex I (Reservations for Existing Measures and Liberalisation Commitments).
(
2
)
  This means that once the European Commission has adopted the equivalence decision related to portfolio management and a Canadian financial institution has satisfied other European Union prudential requirements, this financial institution may provide discretionary portfolio management services to a European Union professional client without being established in the European Union. Furthermore, measures of Member States of the European Union restricting or prohibiting cross-border portfolio management including reservations in its Schedules to Annexes I and II shall no longer apply to this commitment.
ANNEX 13-B
UNDERSTANDING ON THE APPLICATION OF ARTICLES 13.16.1 AND 13.21
The Parties recognise that prudential measures strengthen domestic financial systems, encourage sound, efficient and robust institutions, markets and infrastructure, and promote international financial stability by facilitating better-informed lending and investment decisions, improving market integrity and reducing the risks of financial distress and contagion.
As a result, the Parties have agreed to a prudential carve-out in Article 13.16.1 allowing the Parties to adopt or maintain measures for prudential reasons, and have provided a role for the Financial Services Committee, established pursuant to Article 26.2.1(f), in determining whether, and if so, to what extent the prudential carve out applies in investment disputes in financial services pursuant to Article 13.21.
Process relating to Article 13.21
1.
The Financial Services Committee, in its role in investment disputes pursuant to Article 13.21, shall decide whether and, if so, to what extent the prudential carve-out is a valid defence to a claim.
2.
The Parties undertake to act in good faith. Each Party shall present its position to the Financial Services Committee within 60 days of the referral to the Financial Services Committee.
3.
If the non-disputing Party notifies the Financial Services Committee within the 60 day period in paragraph 2 that it has launched an internal determination process on this matter, the period of time referred to in paragraph 2 is suspended until that Party notifies the Financial Services Committee of its position. A suspension beyond six months is considered as a breach of the good faith undertaking.
4.
If the respondent does not provide its position to the Financial Services Committee within the period of time referred to in paragraph 2, the suspension of the periods of time or proceedings referred to in Article 13.21.3 no longer applies and the investor may proceed with its claim.
5.
If the Financial Services Committee is unable to adopt a decision on a joint determination within 60 days in relation to a specific investor-state dispute concerning a prudential measure, the Financial Services Committee shall refer the matter to the CETA Joint Committee 
(
1
)
. This period of 60 days commences from the moment the Financial Services Committee receives the positions of the Parties pursuant to paragraph 2.
6.
The joint determination of the Financial Services Committee or of the CETA Joint Committee is binding on the Tribunal only in the dispute in question. The joint determination does not constitute a binding precedent for the Parties with respect to the scope and application of the prudential carve-out or other terms of this Agreement.
7.
Unless the CETA Joint Committee decides otherwise, if the CETA Joint Committee does not reach an agreement within three months of a referral of the matter by the Financial Services Committee pursuant to paragraph 5, each Party shall make its position available to the Tribunal that arbitrates the dispute in question. The Tribunal shall take into account this record in reaching a decision.
High level principles
8.
The Parties agree that the application of Article 13.16.1 by the Parties and by tribunals should be guided by the following principles, which are not exhaustive:
(a)
Party may determine its own appropriate level of prudential regulation. Specifically, a Party may establish and enforce measures that provide a higher level of prudential protection than those set out in common international prudential commitments;
(b)
relevant considerations in determining whether a measure meets the requirements of Article 13.16.1 include the extent to which a measure may be required by the urgency of the situation and the information available to the Party at the time when the measure was adopted;
(c)
given the highly specialised nature of prudential regulation, those applying these principles shall defer to the highest degree possible to regulations and practices in the Parties' respective jurisdictions and to the decisions and factual determinations, including risk assessments, made by financial regulatory authorities;
(d)
(i)
except as provided in subparagraph (ii), a measure is deemed to meet the requirements of Article 13.16.1 if it:
(A)
has a prudential objective; and
(B)
is not so severe in light of its purpose that it is manifestly disproportionate to the attainment of its objective; and
(ii)
a measure that otherwise meets the requirements of subparagraph (i) does not meet the requirements of Article 13.16.1 if it is a disguised restriction on foreign investment or an arbitrary or unjustifiable discrimination between investors in like situations;
(e)
provided that a measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between investors in like situations, or a disguised restriction on foreign investment, that measure is deemed to meet the requirements of Article 13.16.1 if it is:
(i)
in line with international prudential commitments that are common to the Parties;
(ii)
in pursuance of the resolution of a financial institution that is no longer viable or likely to be no longer viable;
(iii)
in pursuance of the recovery of a financial institution or the management of a financial institution under stress; or
(iv)
in pursuance of the preservation or the restoration of financial stability, in response to a system-wide financial crisis.
Periodic Review
9.
The Financial Services Committee may, by consent of both Parties, amend this Understanding at any time. The Financial Services Committee should review this Understanding at least every two years.
In this context, the Financial Services Committee may develop a common understanding on the application of Article 13.16.1, on the basis of the dialogue and discussions held in the Committee in relation to specific disputes and mindful of international prudential commitments that are common to the Parties.
(
1
)
  Each Party shall ensure that its representation in the CETA Joint Committee for this purpose includes financial services authorities.
ANNEX 13-C
UNDERSTANDING ON THE DIALOGUE ON THE REGULATION OF THE FINANCIAL SERVICES SECTOR
The Parties reaffirm their commitment to strengthening financial stability. The dialogue on the regulation of the financial services sector within the Financial Services Committee shall be based on the principles and prudential standards agreed at the multilateral level. The Parties undertake to focus the discussion on issues with cross-border impact, such as cross-border trade in securities (including the possibility of taking further commitments on portfolio management), the respective frameworks for covered bonds and for collateral requirements in reinsurance, and to discuss issues related to the operation of branches.
MARKET ACCESS SCHEDULE OF CANADA
ANNEX 19-1
Central government entities
Unless otherwise specified, this Chapter covers procurement by entities listed in this Annex, subject to the following thresholds:
Thresholds:
Goods
SDR 130 000
Services
SDR 130 000
Construction Services
SDR 5 000 000
When entities listed in this Annex conduct procurement for activities listed in Section B of Annex 19-3, the thresholds set out in that section apply.
List of Entities
1.
Atlantic Canada Opportunities Agency
2.
Canada Border Services Agency
3.
Canada Emission Reduction Incentives Agency
4.
Canada Employment Insurance Commission
5.
Canada Industrial Relations Board
6.
Canada Revenue Agency
7.
Canada School of Public Service
8.
Canadian Centre for Occupational Health and Safety
9.
Canadian Environmental Assessment Agency
10.
Canadian Food Inspection Agency
11.
Canadian Forces Grievance Board
12.
Canadian Grain Commission
13.
Canadian Human Rights Commission
14.
Canadian Human Rights Tribunal
15.
Canadian Institutes of Health Research
16.
Canadian Intergovernmental Conference Secretariat
17.
Canadian International Trade Tribunal
18.
Canadian Northern Economic Development Agency
19.
Canadian Nuclear Safety Commission
20.
Canadian Polar Commission
21.
Canadian Radio-television and Telecommunications Commission
22.
Canadian Space Agency
23.
Canadian Transportation Accident Investigation and Safety Board
24.
Canadian Transportation Agency
25.
Copyright Board
26.
Correctional Service of Canada
27.
Courts Administration Service
28.
Department of Agriculture and Agri-Food
29.
Department of Canadian Heritage
30.
Department of Citizenship and Immigration
31.
Department of Employment and Social Development
32.
Department of Finance
33.
Department of Fisheries and Oceans
34.
Department of Foreign Affairs, Trade and Development
35.
Department of Health
36.
Department of Indian Affairs and Northern Development
37.
Department of Industry
38.
Department of Justice
39.
Department of National Defence
40.
Department of Natural Resources
41.
Department of Public Safety and Emergency Preparedness
42.
Department of Public Works and Government Services
43.
Department of the Environment
44.
Department of Transport
45.
Department of Veterans Affairs
46.
Department of Western Economic Diversification
47.
Director of Soldier Settlement
48.
Director, The Veterans' Land Act
49.
Economic Development Agency of Canada for the Regions of Quebec
50.
Federal Economic Development Agency for Southern Ontario
51.
Financial Consumer Agency of Canada
52.
Immigration and Refugee Board
53.
Indian Residential Schools Truth and Reconciliation Commission
54.
Library and Archives of Canada
55.
Military Police Complaints Commission
56.
National Battlefields Commission
57.
National Energy Board
58.
National Farm Products Council
59.
National Film Board
60.
Parole Board of Canada
61.
National Research Council of Canada
62.
Natural Sciences and Engineering Research Council
63.
Northern Pipeline Agency
64.
Office of Infrastructure of Canada
65.
Office of the Auditor General
66.
Office of the Chief Electoral Officer
67.
Office of the Commissioner for Federal Judicial Affairs
68.
Office of the Commissioner of Lobbying
69.
Office of the Commissioner of Official Languages
70.
Office of the Communications Security Establishment Commissioner
71.
Office of the Co-ordinator, Status of Women
72.
Office of the Correctional Investigator of Canada
73.
Office of the Director of Public Prosecutions
74.
Office of the Governor General's Secretary
75.
Office of the Public Sector Integrity Commissioner
76.
Office of the Superintendent of Financial Institutions
77.
Office of the Information Commissioner of Canada
78.
Office of the Privacy Commissioner of Canada
79.
Parks Canada Agency
80.
Patented Medicine Prices Review Board
81.
Privy Council Office
82.
Public Health Agency of Canada
83.
Public Service Commission
84.
Public Service Labour Relations and Employment Board
85.
Registrar of the Supreme Court of Canada
86.
Registry of the Competition Tribunal
87.
Registry of the Public Servants Disclosure Protection Tribunal
88.
Registry of the Specific Claims Tribunal
89.
Royal Canadian Mounted Police
90.
Royal Canadian Mounted Police External Review Committee
91.
Royal Canadian Mounted Police Public Complaints Commission
92.
Security Intelligence Review Committee
93.
Shared Services Canada
94.
Social Sciences and Humanities Research Council
95.
Statistics Canada
96.
Transportation Appeal Tribunal of Canada
97.
Treasury Board of Canada Secretariat
98.
Veterans Review and Appeal Board
Notes to Canada's Annex 19-1
1.
For the Canadian Space Agency, the procurement of covered goods and services is limited to those related to satellite communications, earth observation and global navigation satellite systems. This commitment is in effect for a five-year period following the entry into force of this Agreement. The calculation of the five-year period includes the period of provisional application, if any. Before the end of the five-year period, Canada may notify the European Union that it is removing the temporary commitment. The notification takes effect at the end of the five-year period. If Canada does not provide such notification, the temporary commitment will become permanent.
2.
Article 19.18 of this Chapter does not apply to the possible removal of the temporary commitment in this Note.
ANNEX 19-2
Sub-central government entities
Unless otherwise specified, this Chapter covers procurement by entities listed in this Annex, subject to the following thresholds.
Thresholds:
Goods
SDR 200 000
Services
SDR 200 000
Construction Services
SDR 5 000 000
When entities listed in this Annex conduct procurement for activities listed in Section B of Annex 19-3, the thresholds set out in that section apply.
List of entities:
1.
ALBERTA
1.1
This Annex includes all:
1.
departments, ministries, agencies, boards, councils, committees, commissions and similar agencies of government;
2.
regional, local, district or other forms of municipal government; and
3.
school boards and publicly-funded academic, health and social service entities.
1.2
This Annex does not include:
1.
Legislative Assembly
2.
Legislative Assembly Office
3.
Office of the Auditor General
4.
Office of the Chief Electoral Officer
5.
Office of the Ethics Commissioner
6.
Office of the Information and Privacy Commissioner
7.
Office of the Ombudsman
2.
BRITISH COLUMBIA
2.1
This Annex includes all:
1.
ministries, agencies, boards, councils, committees, commissions and similar agencies of government;
2.
regional, local, district or other forms of municipal government; and
3.
school boards and publicly-funded academic, health and social service entities.
2.2
This Annex does not include the Legislative Assembly and its independent offices.
3.
MANITOBA
3.1
This Annex includes all:
1.
departments, boards, commissions, committees and similar agencies of government;
2.
municipalities, municipal organisations; and
3.
school boards and publicly-funded academic, health and social service entities.
4.
NEW BRUNSWICK
4.1
This Annex includes the following departments, secretariats and agencies:
1.
Aboriginal Affairs Secretariat
2.
Agriculture, Aquaculture and Fisheries
3.
Ambulance New Brunswick Inc.
4.
Aquarium and Marine Center of New Brunswick
5.
Office of the Attorney General
6.
Child and Youth Advocate
7.
Education and Early Childhood Development
8.
Efficiency New Brunswick
9.
Elections New Brunswick
10.
Energy and Mines
11.
Environment and Local Government
12.
Executive Council Office
13.
FacilicorpNB Ltd.
14.
Farm Products Commission
15.
Finance
16.
Forest Protection Limited
17.
Health
18.
Horizon Health Network (Regional Health Authority)
19.
Justice
20.
Labour and Employment Board
21.
Natural Resources
22.
New Brunswick Arts Board
23.
New Brunswick Emergency Measures Organization
24.
New Brunswick Energy & Utilities Board
25.
New Brunswick Forest Products Commission
26.
New Brunswick Health Council
27.
New Brunswick Human Rights Commission
28.
New Brunswick Insurance Board
29.
New Brunswick Internal Services Agency
30.
New Brunswick Lotteries Commission
31.
New Brunswick Museum
32.
New Brunswick Police Commission
33.
New Brunswick Public Libraries
34.
Office of Human Resources
35.
Office of the Auditor General
36.
Office of the Commissioner of Official Languages
37.
Office of the Comptroller
38.
Office of the Consumer Advocate for Insurance
39.
Office of the Leader of the Opposition
40.
Office of the Lieutenant-Governor
41.
Office of the Premier
42.
Office of the Public Trustee
43.
Ombudsman
44.
Population Growth Secretariat
45.
Post-Secondary Education, Training and Labour
46.
Premier's Council on the Status of Disabled Persons
47.
Public Safety
48.
Vitalité (Regional Health Authority)
49.
Senior and Healthy Aging Secretariat
50.
Social Development
51.
Government Services
52.
Tourism, Heritage and Culture
53.
Transportation
54.
Village Historique Acadien
55.
Workplace Health, Safety and Compensation Commission
4.2
District Education Councils
1.
All District Education Councils
4.3
Universities
1.
Mount Allison University
2.
St. Thomas' University
3.
Université de Moncton
4.
The University of New Brunswick
4.4
Community Colleges
1.
Collège communautaire du Nouveau-Brunswick (CCNB)
2.
New Brunswick Community College (NBCC)
4.5
Regional Solid Waste Commissions
1.
Commission de gestion déchets de Kent
2.
Commission de gestion des déchets solides de la Péninsule acadienne
3.
Commission des Déchets Solides / Nepisiguit-Chaleur Solid Waste Commission
4.
Fredericton Region Solid Waste Commission
5.
Fundy Region Solid Waste Commission
6.
Kings County Region Solid Waste Commission
7.
La Commission de gestion enviro ressources du Nord-Ouest
8.
Northumberland Solid Waste Commission
9.
Restigouche Solid Waste Corporation
10.
Southwest Solid Waste Commission
11.
Valley Solid Waste Commission
12.
Westmorland-Albert Solid Waste Corporation
4.6
Wastewater Commissions
1.
Fredericton Area Pollution Control Commission
2.
Greater Moncton Sewerage Commission
4.7
Municipalities and Municipal Organisations (does not include municipal energy entities)
1.
City of Bathurst
2.
City of Campbellton
3.
City of Dieppe
4.
City of Edmundston
5.
City of Fredericton
6.
City of Miramichi
7.
City of Moncton
8.
City of Saint John
5.
NEWFOUNDLAND AND LABRADOR
5.1
This Annex includes all:
1.
departments, boards, commissions;
2.
municipalities, municipal organisations; and
3.
school boards and publicly-funded academic, health and social service entities.
5.2
This Annex does not include the Legislative Assembly.
6.
NORTHWEST TERRITORIES
6.1
This Annex includes all:
1.
ministries, agencies;
2.
municipalities; and
3.
school boards and publicly-funded academic, health and social service entities.
6.2
This Annex does not include the Legislative Assembly.
7.
NOVA SCOTIA
7.1
This Annex includes all public sector entities as defined in the 
Public Procurement Act
, S.N.S. 2011, c. 12, except:
1.
any listed intergovernmental or privatised governmental unit if the Province does not own or control a majority of it;
2.
any entity listed or described in Section A of Annex 19-3, whether as an inclusion or exclusion;
3.
Emergency Health Services (a division of the Department of Health) in respect of ground ambulance-related procurement, for Emergency Health Care purposes;
4.
Sydney Tar Ponds Agency;
5.
Nova Scotia Lands Inc.; and
6.
Harbourside Commercial Park.
8.
NUNAVUT
8.1
This Annex includes all:
1.
ministries, agencies;
2.
municipalities, municipal organisations; and
3.
school boards and publicly-funded academic, health and social service entities.
8.2
This Annex does not include the Legislative Assembly.
9.
ONTARIO
9.1
This Annex includes all:
1.
provincial ministries and classified agencies but does not include energy agencies, agencies of a commercial or industrial nature, and Ontario Infrastructure and Lands Corporation;
2.
school boards and publicly-funded academic, health and social service entities; and
3.
municipalities but does not include municipal energy entities.
9.2
This Annex does not include the Offices of the Legislative Assembly.
10.
PRINCE EDWARD ISLAND
10.1
This Annex includes all:
1.
departments, agencies;
2.
municipalities; and
3.
school boards and publicly-funded academic, health and social service entities.
11.
QUÉBEC
11.1
This Annex includes all:
1.
departments, governmental agencies; and
2.
para-public organisations.
‘
                        
Governmental agencies
’ means the bodies set out in subparagraphs (2) through (4) of the first paragraph of section 4 of the 
Act Respecting Contracting by Public Bodies
, C.Q.L.R. c. C-65.1, including the Agence du revenu du Québec, and the persons set out in the second paragraph of that section, with the exception of the bodies and persons mentioned in section 5 of the Act.
‘
                        
Para-public organisations
’ means the municipalities, the municipal organisations, and the bodies set out in subparagraphs (5) and (6) of the first paragraph of section 4 of the 
Act Respecting Contracting by Public Bodies
, including the legal persons or other entities owned or controlled by one or several para-public organisations.
12.
SASKATCHEWAN
12.1
This Annex includes all:
1.
ministries, agencies, Treasury Board Crown corporations, boards, commissions;
2.
municipalities; and
3.
school boards and publicly-funded academic, health and social service entities.
13.
YUKON
13.1
This Annex includes:
Departments
1.
Department of Community Services
2.
Department of Economic Development
3.
Department of Education
4.
Department of Energy, Mine and Resources
5.
Department of Environment
6.
Department of Finance
7.
Department of Health and Social Services
8.
Department of Highways and Public Works
9.
Department of Justice
10.
Department of Tourism and Culture
11.
Executive Council Office
12.
Public Service Commission
13.
Women's Directorate
14.
French Language Services Directorate
Agencies
1.
Yukon Worker's Compensation Health & Safety Board
ANNEX 19-3
Other entities
Section A
Unless otherwise specified, this Chapter covers procurement by entities listed in Section A of this Annex, subject to the following thresholds:
Thresholds:
Goods
SDR 355 000
Services
SDR 355 000
Construction Services
SDR 5 000 000
When conducting procurement for activities listed in Section B, the thresholds set out in that section apply.
List of entities
1.
FEDERAL ENTITIES
1.1
This Annex includes all Crown corporations within the meaning of Part X of the 
Financial Administration Act
 (FAA) R.S.C. 1985, c. F-11, which are accountable to Parliament under section 88 of the FAA.
2.
ALBERTA
2.1
This Annex includes all:
1.
Crown corporations, government-owned commercial enterprises, and other entities that are owned by the Government of Alberta through ownership interest; and
2.
corporations or entities owned or controlled by a regional, local, district or other form of municipal government covered under Annex 19-2.
3.
BRITISH COLUMBIA
3.1
This Annex includes all:
1.
Crown corporations, government-owned commercial enterprises, and other entities that are owned by the Government of British Columbia through ownership interest; and
2.
corporations or entities owned or controlled by one or more municipal governments.
4.
MANITOBA
4.1
This Annex includes all provincial Crown corporations, except:
1.
Manitoba Public Insurance Corporation
2.
Venture Manitoba Tours Limited
5.
NEW BRUNSWICK
5.1
This Annex includes the following Crown corporations:
1.
Kings Landing Corporation
2.
New Brunswick Credit Union Deposit Insurance Corporation
3.
New Brunswick Highway Corporation
4.
New Brunswick Housing Corporation
5.
New Brunswick Investment Management Corporation
6.
New Brunswick Liquor Corporation
7.
New Brunswick Municipal Finance Corporation
8.
New Brunswick Research and Productivity Council
9.
Opportunities New Brunswick
10.
Financial and Consumer Services Commission
11.
Regional Development Corporation
12.
Service New Brunswick
6.
NEWFOUNDLAND AND LABRADOR
6.1
This Annex includes all provincial Crown Corporations other than:
1.
Nalcor Energy and all its existing and future subsidiaries and affiliates, except for Newfoundland and Labrador Hydro.
2.
Research & Development Corporation of Newfoundland and Labrador and any subsidiary thereof.
7.
NORTHWEST TERRITORIES
7.1
This Annex includes all territorial Crown corporations.
8.
NOVA SCOTIA
8.1
This Annex includes any entity designated as a government business enterprise pursuant to the 
Finance Act
, S.N.S. 2010, c. 2, and the 
Public Procurement Act
, except any listed intergovernmental or privatised governmental unit under the 
Provincial Finance Act
 if the Province does not own or control a majority of it.
9.
NUNAVUT
9.1
This Annex includes all territorial Crown corporations.
10.
ONTARIO
10.1
This Annex includes all provincial and municipal government-owned entities of a commercial or industrial nature.
10.2
This Annex does not include energy entities except for Hydro One and Ontario Power Generation.
11.
PRINCE EDWARD ISLAND
11.1
This Annex includes all provincial Crown corporations except: Innovation PEI.
12.
QUÉBEC
12.1
This Annex includes government enterprises and legal persons or other entities that are owned or controlled by one or several of these enterprises, which are not in competition with the private sector.
12.2
Government enterprise
 means a body set out in section 7 of the 
Act Respecting Contracting by Public Bodies.
13.
SASKATCHEWAN
13.1
This Annex includes all provincial Crown corporations, corporations owned or controlled by one or more municipal governments and the Saskatchewan Liquor and Gaming Authority.
14.
YUKON
This Annex includes all Government Corporations within the meaning of the 
Corporate Governance Act
, R.S.Y. 2002, c. 45, except:
(a)
Yukon Development Corporation
Notes to Canada's Section A of Annex 19-3
1.
This Annex does not cover procurement in respect of the intervention activities of the Canada Deposit Insurance Corporation or its subsidiaries, or procurements by any subsidiary created in respect of such intervention activities.
2.
This Annex does not cover procurement by the Canada Lands Company Limited or its subsidiaries for the development of real property for commercial sale or resale.
3.
Ontario Power Generation reserves the right to accord a preference to tenders that provide benefits to the province, such as favouring local sub-contracting, in the context of procurements relating to the construction or maintenance of nuclear facilities or related services. A selection criterion of benefits to the province in the evaluation of tenders shall not exceed 20 per cent of total points.
4.
This Chapter does not cover procurement for the production, transmission and distribution of renewable energy, other than hydro-electricity, by the province of Ontario as set out in the 
Green Energy Act
, S.O. 2009, c. 12, Sch. A.
Section B
The following thresholds apply to procurement by procuring entities in Annexes 19-1 and 19-2 and Section A of 19-3, which have as one of their core activities any of those referred to below or any combination thereof:
1.
Provision of airport or other terminal facilities to air carriers;
2.
Provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable;
3.
Provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;
4.
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 and treatment of wastewater, or the supply of drinking water to such networks;
5.
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; or
6.
Provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat, or the supply of gas or heat to such networks.
Thresholds:
Goods
SDR 400 000
Services
SDR 400 000
Construction Services
SDR 5 000 000
Notes to Canada's Section B of Annex 19-3
1.
This Chapter does not cover procurement by procuring entities for the activities listed in Section B above when exposed to competitive forces in the market concerned.
2.
This Chapter does not cover procurement by procuring entities for the activities listed in Section B:
(a)
for the purchase of water, energy, or fuels for the production of energy;
(b)
for the pursuit of such activities outside of Canada; 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.
This Chapter does not cover procurements by procuring entities for the purposes of exploitation of a geographical area for the purpose of exploring for or extracting oil, gas, coal, or other solid fuels.
ANNEX 19-4
Goods
1.
Unless otherwise specified, this Chapter covers all goods.
2.
Subject to the application of Article 19.3.1, with respect to procurement by the Department of National Defence, the Royal Canadian Mounted Police, the Department of Fisheries and Oceans for the Canadian Coast Guard, the Canadian Air Transport Security Authority, and provincial and municipal police forces, this Chapter covers only the goods described in any of the Federal Supply Classifications (FSC) listed below:
FSC
22.
Railway equipment
FSC
23.
Motor vehicles, trailers and cycles (except buses in 2310; and, except military trucks and trailers in 2320 and 2330 and tracked combat, assault and tactical vehicles in 2350 and wheeled combat, assault and tactical vehicles in 2355 formerly classified in 2320)
FSC
24.
Tractors
FSC
25.
Vehicular equipment components
FSC
26.
Tires and tubes
FSC
29.
Engine accessories
FSC
30.
Mechanical power transmission equipment
FSC
32.
Woodworking machinery and equipment
FSC
34.
Metal working machinery
FSC
35.
Service and trade equipment
FSC
36.
Special industry machinery
FSC
37.
Agricultural machinery and equipment
FSC
38.
Construction, mining, excavating and highway maintenance equipment
FSC
39.
Materials handling equipment
FSC
40.
Rope, cable, chain and fittings
FSC
41.
Refrigeration and air conditioning equipment
FSC
42.
Fire fighting, rescue and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment)
FSC
43.
Pumps and compressors
FSC
44.
Furnace, steam plant, drying equipment and nuclear reactors
FSC
45.
Plumbing, heating and sanitation equipment
FSC
46.
Water purification and sewage treatment equipment
FSC
47.
Pipe, tubing, hose and fittings
FSC
48.
Valves
FSC
49.
Maintenance and repair shop equipment
FSC
52.
Measuring tools
FSC
53.
Hardware and abrasives
FSC
54.
Prefabricated structures and scaffolding
FSC
55.
Lumber, millwork, plywood and veneer
FSC
56.
Construction and building materials
FSC
61.
Electric wire and power and distribution equipment
FSC
62.
Lighting fixtures and lamps
FSC
63.
Alarm and signal systems (except 6350: Security detection systems related to security screening)
FSC
65.
Medical, dental and veterinary equipment and supplies
FSC
66.
Instruments and laboratory equipment (except 6615: Automatic pilot mechanisms and airborne Gyro components; 6635: Physical properties testing and inspection related to security screening; and 6665: Hazard detecting instruments and apparatus)
FSC
67.
Photographic equipment
FSC
68.
Chemicals and chemical products
FSC
69.
Training aids and devices
FSC
70.
General purpose automatic data processing equipment, software, supplies and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) configurations)
FSC
71.
Furniture
FSC
72.
Household and commercial furnishings and appliances
FSC
73.
Food preparation and serving equipment
FSC
74.
Office machines, text processing system and visible record equipment
FSC
75.
Office supplies and devices
FSC
76.
Books, maps and other publications (except 7650: drawings and specifications)
FSC
77.
Musical instruments, phonographs and radios
FSC
78.
Recreational and athletic equipment
FSC
79.
Cleaning equipment and supplies
FSC
80.
Brushes, paints, sealers and adhesives
FSC
81.
Containers, packaging and packing supplies
FSC
85.
Toiletries
FSC
87.
Agricultural supplies
FSC
88.
Live animals
FSC
91.
Fuels, lubricants, oils and waxes
FSC
93.
Nonmetallic fabricated materials
FSC
94.
Nonmetallic crude materials
FSC
96.
Ores, minerals and their primary products
FSC
99.
Miscellaneous
Notes to Canada's Annex 19-4
1.
For the Provinces of Ontario and Québec, this Note applies to the procurement of mass transit vehicles. A mass transit vehicle refers to a street car, bus, trolley bus, subway car, passenger rail car or locomotive for subway or rail system used for public transportation.
(a)
Procuring entities in the provinces of Ontario and Québec, when purchasing mass transit vehicles, may, in accordance with the terms of this Chapter, require that the successful bidder contracts up to 25 per cent of the contract value in Canada.
(b)
Any lowering of such percentage of contract value decided by the Government of Canada or the province of Ontario or the province of Québec, as a result of an international agreement or in domestic law, regulation or policy, will replace the abovementioned percentage of 25 per cent on a permanent basis under this Chapter for that province and for the category of mass transit vehicle to which such new percentage applies. When applying this note, the provinces of Ontario and Québec must treat European Union bidders no less favourably than Canadian or other third country bidders.
(c)
The term ‘value’ refers to the eligible costs in the procurement of mass transit vehicles for components, sub-components and raw materials produced in Canada, including 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 of the mass transit vehicle in Canada. It will be for the bidder to determine which part of the contract value will be fulfilled through the use of Canadian acquired value. However, the province of Québec may require that final assembly takes place in Canada.
(d)
Final assembly:
(i)
Final assembly of a bus includes:
(A)
installation and interconnection of the engine, transmission, axles, including the brake system;
(B)
installation and interconnection of heating and air conditioning systems;
(C)
installation of pneumatic, electrical and door systems;
(D)
installation of passenger seats and handrails;
(E)
installation of the destination sign;
(F)
installation of the wheelchair access ramp; and
(G)
final inspection, road tests and preparation for delivery.
(ii)
Final assembly of a train includes:
(A)
installation and connection of the ventilation, heating and air conditioning system;
(B)
installation and connection of bogie frames, suspension, axles and differential;
(C)
installation and connection of propulsion engines, propulsion control and auxiliary power;
(D)
installation and connection of braking control, braking equipment and air brake compressors;
(E)
installation and connection of communication system, on-board information and remote monitoring system; and
(F)
inspection, verification of all installation and interconnection work and fixed-point testing to verify all functions.
(e)
The eligible costs must provide reasonable flexibility for a successful bidder to source the contract value on competitive terms from Canadian suppliers, including price and quality. Contracts may not be split with the purpose of restricting the choice of eligible costs by the bidder.
(f)
The procuring entities must indicate the existence of such conditions clearly and objectively in both tender notices and contract documents.
(g)
The application of this paragraph will be revisited five years after entry into force of this Agreement.
(h)
The application of this paragraph will be revisited with a view to reduce its inconsistency with the provisions of this Chapter in the event that the United States of America permanently lowers its local content restrictions applicable to transit vehicles (rolling stock) below 25 per cent for local and state contracting authorities.
2.
For the Province of Prince Edward Island, this Annex does not cover procurement of construction materials that are used for highway construction and maintenance.
3.
For the Province of Québec, this Annex does not cover procurement of the following goods by Hydro-Québec (identified in accordance with the HS): HS 7308.20; HS 8406; HS 8410; HS 8426; HS 8504; HS 8535; HS 8536; HS 8537; HS 8544; HS 8705.10; HS 8705.20; HS 8705.90; HS 8707; HS 8708; HS 8716.39; or HS 8716.40.
4.
For the Province of Manitoba, this Annex does not cover procurement of the following goods by Manitoba Hydro Electric Board:
(a)
Textiles — fire retardant clothing and other work apparel;
(b)
Prefabricated buildings;
(c)
Bridges, bridge sections, towers and lattice masts, or iron or steel;
(d)
Steam turbines and other vapour turbines; hydraulic turbines and water wheels; gas turbines other than turbo-jets and turbo-propellers;
(e)
Electrical transformers, static converters and inductors;
(f)
Electricity distribution or control apparatus;
(g)
Parts of electricity distribution or control apparatus;
(h)
Co-axial cable and other co-axial electrical conductors;
(i)
Other electric conductors, for a voltage exceeding 1 000 V;
(j)
Gates;
(k)
Woodpoles and crossarms; or
(l)
Generators.
ANNEX 19-5
Services
1.
Unless otherwise specified, this Chapter covers the services specified in paragraph 2 and 3. The subject matter of construction services is addressed in Annex 19-6. The services listed in this Annex and Annex 19-6 are identified in accordance with the CPC.
2.
This Annex covers procurement of the following services by central entities covered in Annex 19-1 and Section A of Annex 19-3:
861
Legal services (advisory services of foreign and international law only)
862
Accounting, auditing and book-keeping services
3.
This Annex covers procurement of the following services by entities covered in Annexes 19-1 and 19-2, and Section A of 19-3:
CPC Reference
Description
633
Repair services of personal and household goods
7512
Commercial courier services (including multi-modal)
7523
Electronic data interchange (EDI)
7523
Electronic mail
7523
Enhanced/value-added facsimile services, including store and forward, store and retrieve
—
Code and protocol conversion
7523
On-line information and data base retrieval
7523
Voice mail
822
Real estate services on a fee or contract basis
841
Consultancy services related to the installation of computer hardware
842
Software implementation services, including systems and software consulting services, systems analysis, design, programming and maintenance services
843
Data processing services, including processing, tabulation and facilities management services
843
On-line information and/or data processing (including transaction processing)
844
Data base services
845
Maintenance and repair services of office machinery and equipment including computers
849
Other computer services
86501
General management consulting services
86503
Marketing management consulting services
86504
Human resources management consulting services
86505
Production management consulting services
866
Services related to management consulting (except 86602 Arbitration and conciliation services)
8671
Architectural services
8672
Engineering services
8673
Integrated engineering services (excluding 86731 Integrated engineering services for transportation infrastructure turnkey projects)
8674
Urban planning and landscape architectural services
8676
Technical testing and analysis services including quality control and inspection (except with reference to FSC 58 and transportation equipment)
874
Building-cleaning services
8861 to 8864 and 8866
Repair services incidental to metal products, machinery and equipment
94
Sewage and refuse disposal, sanitation and similar services
Notes to Canada's Annex 19-5:
1.
This Chapter does not cover procurement of the following:
(a)
all services, with reference to those goods purchased by the Department of National Defence, the Royal Canadian Mounted Police, the Department of Fisheries and Oceans for the Canadian Coast Guard, the Canadian Air Transport Security Authority, and provincial and municipal police forces which are not covered by Annex 19-4; and
(b)
services procured in support of military forces located overseas.
2.
This Chapter does not apply to instruments of monetary policy, exchange rates, public debt, reserve management or other policies involving transactions in securities or other financial instruments, in particular transactions by the contracting authorities to raise money or capital. Accordingly, this Chapter does not apply to contracts relating to the issue, purchase, sale or transfer of securities or other financial instruments. Central bank services are also excluded.
3.
For procuring entities included in Annex 19-2, the thresholds will be SDR 355 000 when an entity procures consulting services regarding matters of a confidential nature, the disclosure of which could reasonably be expected to compromise government confidences, cause economic disruption or similarly be contrary to public interest.
4.
For the Province of Québec, this Annex does not cover procurement from a non-profit organisation with respect to urban planning, as well as resulting plans and specifications preparation and works management, provided that the non-profit organisation respects, for its procurement, the procuring entity's obligations under this Chapter.
5.
For the Province of Québec, this Annex does not cover procurement of the following services by Hydro-Québec (identified in accordance with the CPC):
84 — Computer and related services
86724 — Engineering design services for the construction of civil engineering works
86729 — Other engineering services.
6.
For the Province of Manitoba, this Annex does not cover procurement of services by Manitoba Hydro Electric Board.
ANNEX 19-6
Construction services
1.
Unless otherwise specified, this Chapter covers all construction services identified in Division 51 of the CPC.
2.
Construction services contracts awarded by entities in Annexes 19-1 and 19-2, and Section A of Annex 19-3, which involve, as complete or partial consideration, any grant to the supplier of the construction service, for a specified period of time, of temporary ownership or a right to control and operate the civil or building work resulting from such contract, and demand payment for the use of such work for the duration of the contract, are subject only to the following provisions: Articles 19.1, 19.2, 19.4, 19.5, 19.6 (except for subparagraphs 3 (e) and (l)), 19.15 (except for paragraphs 3 and 4) and 19.17.
3.
This Chapter does not include construction services contracts as described in paragraph 2 that are awarded by procuring entities when carrying out activities listed in Section B of Annex 19-3.
Notes to Canada's Annex 19-6
1.
For central government entities in Annex 19-1, this Annex includes dredging services, and dredging services that are incidental to construction services contracts, subject to the following requirements:
(a)
the vessel or other floating plant equipment used in the supply of the dredging services:
(i)
is of Canadian or European Union make or manufacture; or
(ii)
has been predominantly modified in Canada or the European Union and has been owned by a person located in Canada or the European Union for at least a year prior to the submission of the tender by the bidder; and
(b)
the vessel must be registered in:
(i)
Canada; or
(ii)
a Member State of the European Union and have been granted a temporary licence under the 
Coasting Trade Act
, S.C. 1992, c. 31. The temporary licence will be granted to the European Union vessel, subject to applicable non-discretionary requirements. 
(
1
)
 The requirement that a temporary licence will only be issued if there is no Canadian duty or non-duty paid vessel available will not be applied to the application for that temporary licence.
2.
The Province of Québec reserves the right to adopt or maintain any measure favouring local outsourcing in the case of construction services contracts awarded by Hydro-Québec. For greater certainty, such measure would in no case be a condition for the participation or qualification of suppliers.
3.
For the Province of Manitoba, this Annex does not cover procurement of construction services by Manitoba Hydro Electric Board.
(
1
)
  For greater certainty, the 
Coasting Trade Act
 does not impose nationality requirements on crew members.
ANNEX 19-7
General notes
1.
This Chapter does not cover procurement:
(a)
in respect of shipbuilding and repair, including related architectural and engineering services, for central entities in Annex 19-1 and Section A of Annex 19-3; and for sub-central entities in British Columbia, Manitoba, Newfoundland and Labrador, New Brunswick, Nova Scotia, Prince Edward Island, and Québec covered by Annex 19-2 and Section A of Annex 19-3;
(b)
in respect of agricultural goods made in furtherance of agricultural support programs or human feeding programs;
(c)
of transportation services that form a part of, or are incidental to, a procurement contract;
(d)
in relation to an international crossing between Canada and another country, including the design, construction, operation or maintenance of the crossing as well as any related infrastructure;
(e)
between subsidiaries or affiliates of the same entity, or between an entity and any of its subsidiaries or affiliates, or between an entity and a general, limited or special partnership in which the entity has a majority or controlling interest; and
(f)
of goods purchased for representational or promotional purposes, or of services or construction services purchased for representational or promotional purposes outside the province, in respect of the provinces of Alberta, British Columbia, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, Québec and Saskatchewan;
(g)
of services contracts, excluding construction services contracts, which grant to a supplier the right to provide and exploit a service to the public as complete or partial consideration for the delivery of a service under a procurement contract;
(h)
for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time;
(i)
by Québec entities of works of art from local artists or to procurement by any municipality, academic institution or school board of other provinces and territories with respect to cultural industries. For the purpose of this paragraph, works of art includes specific artistic works to be integrated into a public building or a site;
(j)
by procuring entities included in Annexes 19-1 and 19-2, and Section A of Annex 19-3 in connection with activities in the fields of drinking water, energy, transport and the postal sector, unless such contracts are covered by Section B of Annex 19-3;
(k)
subject to the Northwest Territories Business Incentive Policy; and
(l)
subject to the Nunavummi Nangminiqaqtunik Ikajuuti Policy (NNI Policy).
2.
This Chapter does not apply to:
(a)
any measure adopted or maintained with respect to Aboriginal peoples, nor to set asides for aboriginal businesses; existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada protected by section 35 of the 
Constitution Act
, 1982 are not affected by this Chapter; and
(b)
any measure adopted or maintained by Québec with respect to cultural industries.
3.
For greater certainty, this Chapter shall be interpreted in accordance with the following:
(a)
procurement in terms of Canadian coverage is defined as contractual transactions to acquire goods or services for the direct benefit or use of the government. The procurement process is the process that begins after an entity has decided on its requirement and continues through to and including contract award;
(b)
where a contract to be awarded by an entity is not covered by this Chapter, Canada's Annexes to its Market Access Schedule shall not be construed to cover any good or service component of that contract;
(c)
any exclusion that is related either specifically or generally to central or sub-central entities or enterprises covered by Annexes 19-1 or 19-2, or Section A of Annex 19-3 will also apply to any successor entity or entities, enterprise or enterprises, in such a manner as to maintain the value of the coverage of Canada's Annexes to its Market Access Schedule for this Chapter;
(d)
services covered by this Chapter are subject to Canada's exclusions from and reservations to Chapters Eight (Investment), Nine (Cross-Border Trade in Services) and Thirteen (Financial Services);
(e)
this Chapter does not cover procurement by a procuring entity on behalf of another entity where the procurement would not be covered by this Chapter if it were conducted by the other entity itself; and
(f)
this Chapter does not cover procurement by a procuring entity from a government entity.
4.
Regional Economic Development
(a)
the provinces and territories of Manitoba, Newfoundland and Labrador, New Brunswick, Nova Scotia, Northwest Territories, Nunavut, Prince Edward Island, or Yukon may derogate from this Chapter in order to promote regional economic development, without providing undue support to monopolistic activities.
(b)
any procurement qualifying for a derogation pursuant to this Note shall:
(i)
be of a total value estimated at CAD$ one million, or less; and
(ii)
support small firms or employment opportunities in non-urban areas.
(c)
if the procurement meets the requirement of paragraph (b)(ii) but its total value exceeds CAD$ one million, the value of the part of the contract that would be affected by the derogation would not exceed CAD$ one million.
(d)
each province or territory listed under paragraph (a) may not derogate pursuant to this Note more than ten times per year.
(e)
a procurement shall not qualify for a derogation pursuant to this Note if it is funded by the federal government.
(f)
a procurement qualifying for a derogation pursuant to this Note shall be notified at least 30 days prior to the signing of a procurement contract, accompanied by:
(i)
the details of the circumstances justifying a derogation pursuant to this Note;
(ii)
the information regarding the area where the procurement is expected to provide regional economic benefits, and, if made available, the name of the supplier; and
(iii)
an explanation of the conformity of the procurement with the requirements of this Note.
ANNEX 19-8
Publication media
Section A:
Electronic or paper media utilised for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses, and procedures regarding government procurement covered by this Chapter pursuant to Article 19.5
1.
CANADA
1.1   Government entities and Crown corporations:
1.
Laws and regulations:
(a)
Statutes of Canada:
http://laws.justice.gc.ca/
(b)
Canada Gazette:
http://www.gazette.gc.ca
2.
Judicial decisions:
(a)
Supreme Court Judgments:
http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/2013/nav_date.do
(b)
Federal Court Reports:
http://reports.fja-cmf.gc.ca/eng/index.html
(c)
Federal Court of Appeal:
http://www.fca-caf.gc.ca
(d)
Canadian International Trade Tribunal:
http://www.citt-tcce.gc.ca
3.
Administrative rulings and procedures:
(a)
Government Electronic Tendering System (GETS):
https://buyandsell.gc.ca/
(b)
Canada Gazette:
http://www.gazette.gc.ca
(c)
Contracting Policy:
http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=14494&section=text
2.
PROVINCES AND TERRITORIES
2.1   Alberta
1.
Laws and regulations:
(a)
Alberta Acts, Regulations and Codes:
http://www.qp.alberta.ca/Laws_Online.cfm
(b)
Alberta Gazette:
http://www.qp.alberta.ca/Alberta_Gazette.cfm
2.
Judicial decisions:
(a)
Alberta Justice — Alberta Courts:
http://www.albertacourts.ab.ca/index.php?p=169
3.
Administrative rulings:
(a)
http://www.canlii.org/en/ab/
2.2   British Columbia
1.
Laws and regulations:
(a)
http://www.bclaws.ca/
2.
Judicial decisions:
(a)
http://www.courts.gov.bc.ca/index.aspx
3.
Administrative rulings and procedures:
(a)
http://www.courts.gov.bc.ca/index.aspx
2.3   Manitoba
1.
Laws and regulations:
(a)
Manitoba Gazette:
http://web2.gov.mb.ca/laws/index.php
2.
Judicial decisions:
(a)
http://www.manitobacourts.mb.ca/
3.
Administrative rulings and procedures:
(a)
http://www.gov.mb.ca/tenders
4.
Municipalities, municipal organisations:
(a)
City of Winnipeg:
http://www.winnipeg.ca/matmgt/info.stm
(b)
City of Brandon:
https://purchasing.brandon.ca/
(c)
City of Thompson:
http://www.thompson.ca/index.aspx?page=96
(d)
City of Steinbach:
http://www.steinbach.ca/home
(e)
City of Portage La Prairie:
http://www.city.portage-la-prairie.mb.ca
5.
Publicly-funded academic, health, and social service entities:
(a)
Red River College:
http://www.rrc.ca/
(b)
Regional Health Authorities of Manitoba:
http://www.rham.mb.ca/rhampp.html
(c)
University of Brandon:
https://www.brandonu.ca/finance/faculty-staff-resources/purchasing-department/;
and https://www.brandonu.ca/vp-finance/files/Purchasing-Manual-revised-October-2012.pdf
(d)
University College of the North:
https://www.ucn.ca/defaulted.aspx
(e)
University of Manitoba:
http://www.umanitoba.ca/admin/governance/governing_documents/financial/392.html
(f)
University of Winnipeg:
http://www.uwinnipeg.ca/index/cms-filesystem-action/pdfs/admin/policies/purchasing%20procedures%2004-01-13.pdf
(g)
Winnipeg Regional Health Authority:
http://www.wrha.mb.ca/about/busopp/contracting.php
6.
School boards:
(a)
Beautiful Plains:
http://www.beautifulplainssd.ca/
(b)
Border Land:
http://www.blsd.ca/Board/boardpolicies/Pages/default.aspx
(c)
Division scolaire franco-manitobaine:
https://www.dsfm.mb.ca/SiteWeb2010/documents/La%20CSFM/Directives%202012/ADM%20-%20administration/ADM%2019%20Appel%20d_offres.pdf
(d)
Evergreen:
http://www.esd.ca/Parents-and-Community/Documents/Administration%20Manual/5%20-%20Business%20Administration/5.130%20Purchasing%20Procedure.pdf
(e)
Flin Flon:
http://www.ffsd.mb.ca/division/policies
(f)
Fort La Bosse:
http://www.flbsd.mb.ca/division-info/policies#sectiond
(g)
Frontier:
http://www.frontiersd.mb.ca/governance/policy/SitePages/Section%20D%20-%20Business%20Administration.aspx; and
http://www.frontiersd.mb.ca/governance/policy/Documents/Section%20D%20-%20Business%20Administration/D.3.B%20Tenders%20(Policy%20and%20Regulation).pdf
(h)
Garden Valley:
http://www.gvsd.ca/images/PDF/Policies/POLICY_MANUAL_1.pdf
(i)
Hanover:
http://hsd.ca/board/division-policies/
(j)
Interlake:
http://www.isd21.mb.ca/
(k)
Kelsey:
http://www.ksd.mb.ca
(l)
Lakeshore:
http://www.lakeshoresd.mb.ca/regulations-and-procedures
(m)
Lord Selkirk:
http://www.lssd.ca/division/policy_documents/pdfs/B-16%20Purchasing.pdf
(n)
Louis Riel:
https://www.lrsd.net/leadership/administrative-guidelines/
(o)
Manitoba Institute of Trade and Technology (formerly Winnipeg Tech. College):
www.mitt.ca
(p)
Mountain View:
http://www.mvsd.ca/governance.cfm?subpage=435
(q)
Mystery Lake:
http://www.mysterynet.mb.ca/documents/general/5.130-purchasing-procedure.pdf
(r)
Park West:
http://www.pwsd.ca/Policies/Section%205/Section%205.html
(s)
Pembina Trails:
http://www.pembinatrails.ca/board_administration/open_tenders.html
(t)
Pine Creek:
http://www.pinecreeksd.mb.ca/section-d-fiscal-management.html
(u)
Portage la Prairie:
http://www.plpsd.mb.ca/board-and-governance/policies/d
(v)
Prairie Rose:
http://www.prsdmb.ca/policies-d/
(w)
Prairie Spirit:
https://sites.google.com/a/prspirit.org/prairie-spirit-5/division/policy-manual
(x)
Public Schools Finance Board:
http://www.edu.gov.mb.ca/k12/finance/
(y)
Red River Valley:
http://rrvsd.ca/wp-content/uploads/2015/09/DJB-Purchasing-Procedures.pdf
(z)
River East Transcona:
http://www.retsd.mb.ca/yourretsd/Policies/Documents/DJB.pdf
(aa)
Rolling River:
http://www.rrsd.mb.ca/governance/PolicyManual/Pages/default.aspx
(bb)
Seine River:
http://www.srsd.mb.ca/PolMan/DJ_REG.pdf
(cc)
Seven Oaks:
http://www.7oaks.org/News/Pages/Tenders.aspx
(dd)
Southwest Horizon:
http://www.shmb.ca/images/stories/Administrative-Manual/Section2/purchasing%20procedures.pdf
(ee)
St. James-Assiniboia:
http://polmanual.sjsd.net/?p=Section D—Fiscal Management/
(ff)
Sunrise:
http://www.sunrisesd.ca/OperationalDepartments/Pages/default.aspx
(gg)
Swan Valley:
http://www.svsd.ca/svsd/policiesnum.htm
(hh)
Turtle Mountain:
http://www.tmsd.mb.ca/procedures/D/D-10.pdf
(ii)
Turtle River:
http://trsd32.mb.ca/TRSD/PDF's/TRSDPolicies/Administration.pdf
(jj)
Western:
http://www.westernsd.mb.ca/index.php?option=com_phocadownload&view=category&id=61:section-d-fiscal-management&Itemid=73#
(kk)
Whiteshell:
http://www.sdwhiteshell.mb.ca/
(ll)
Winnipeg:
https://www.winnipegsd.ca/Pages/Bids-and-Tenders.aspx
7.
Crown corporations:
(a)
Manitoba Hydro:
https://www.hydro.mb.ca/selling_to_mh/selling_index.shtml?WT.mc_id=2030
(b)
Manitoba Liquor and Lotteries:
http://www.mbll.ca/
2.4   New Brunswick
1.
Laws and regulations:
(a)
New Brunswick Acts and Regulations:
http://www2.gnb.ca/content/gnb/en/departments/attorney_general/acts_regulations.html
(b)
The Royal Gazette:
http://www2.gnb.ca/content/gnb/en/departments/attorney_general/royal_gazette/content/
2.
Judicial decisions:
(a)
The New Brunswick Reports:
http://www.mlb.nb.ca/html/canadian-case-law-search.php; and
https://www.canlii.org/en/nb/
(b)
Dominion Law Reports:
http://www.carswell.com/product-detail/dominion-law-reports-4th-series/
(c)
Supreme Court Reports:
http://www.scc-csc.gc.ca/
(d)
National Reporter:
http://www.mlb.nb.ca/site/catalog/nr.htm
3.
Administrative Rulings and Procedures:
(a)
New Brunswick Opportunities Network:
http://www.gnb.ca/tenders
(b)
Réseau de possibilités d'affaires du Nouveau-Brunswick:
http://www.gnb.ca/soumissions
2.5   Newfoundland and Labrador
1.
Laws and regulations:
(a)
http://www.gpa.gov.nl.ca
2.
Judicial decisions:
(a)
http://www.gpa.gov.nl.ca
3.
Administrative rulings and procedures:
(a)
http://www.gpa.gov.nl.ca
2.6   Northwest Territories
1.
Laws and regulations:
(a)
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.
Judicial decisions:
(a)
http://www.contractregistry.nt.ca/Public/PublicHome.asp
3.
Administrative rulings and procedures:
(a)
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.7   Nova Scotia
1.
Laws and regulations:
(a)
Office of the Legislative Counsel:
http://nslegislature.ca
(b)
The Registry of Regulations:
http://www.gov.ns.ca/just/regulations/
2.
Judicial decisions:
(a)
The Courts of Nova Scotia:
http://www.courts.ns.ca/
3.
Administrative rulings and procedures:
(a)
http://www.novascotia.ca/tenders/
2.8   Nunavut
1.
Laws and regulations:
(a)
http://www.justice.gov.nu.ca/apps/authoring/dspPage.aspx?page=STATUTES+AND+REGULATIONS+PAGE
2.
Judicial decisions:
(a)
http://www.canlii.org/en/nu/
3.
Administrative rulings and procedures:
(a)
NNI Contracting Appeals Board Annual Report:
http://nni.gov.nu.ca/documents
(b)
GN Policies and Procedures on procurement practices are available at:
http://www.gov.nu.ca/sites/default/files/files/Procurement%20Procedures.pdf
2.9   Ontario
1.
Laws and regulations:
(a)
Statutes and Regulations of Ontario:
http://www.ontario.ca/laws
(b)
The Ontario Gazette:
http://www.ontario.ca/ontario-gazette
2.
Judicial decisions:
(a)
http://www.ontariocourts.ca/decisions_index/en/
3.
Administrative rulings and procedures:
(a)
http://www.doingbusiness.mgs.gov.on.ca/
4.
School boards and publicly-funded academic, health and social service entities; municipalities; and all provincial and municipal government-owned entities of a commercial or industrial nature:
(a)
http://www.marcan.net/en/on/index.php
5.
Hydro One:
http://www.hydroone.com/DoingBusiness/Pages/default.aspx
6.
Ontario Power Generation:
http://www.opg.com/working-with-opg/suppliers/supply-chain/Pages/Become%20a%20Supplier.aspx
2.10   Prince Edward Island
1.
Laws and regulations:
(a)
http://www.gov.pe.ca/law/regulations/index.php3
(b)
The Royal Gazette of Prince Edward Island
2.
Judicial decisions:
(a)
http://www.gov.pe.ca/courts/supreme/index.php3?number=1000150&lang=E
3.
Administrative rulings and procedures:
(a)
http://www.gov.pe.ca/finance/index.php3?number=1041973
2.11   Québec
1.
Laws and regulations:
(a)
Publications du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/loisreglements.fr.html
(b)
Gazette officielle du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/gazetteofficielle.en.html
2.
Judicial decisions:
(a)
Annuaire de jurisprudence et de doctrine du Québec
(b)
Jurisprudence Express (J.E.)
(c)
Jugements.qc.ca:
http://www.jugements.qc.ca/
3.
Administrative rulings and procedures:
(a)
Publications du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/loisreglements.fr.html
(b)
Gazette officielle du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/gazetteofficielle.fr.html
(c)
Site internet du Secrétariat du Conseil du trésor:
http://www.tresor.gouv.qc.ca/fr/faire-affaire-avec-letat/les-marches-publics/
2.12   Saskatchewan
1.
Laws and regulations:
(a)
Queen's Printer:
http://www.publications.gov.sk.ca
2.
Judicial decisions:
(a)
Queen's Bench:
http://www.sasklawcourts.ca
3.
Administrative rulings and procedures:
(a)
SaskTenders:
www.sasktenders.ca
2.13   Yukon
1.
Laws and regulations:
(a)
http://www.gov.yk.ca/legislation/index.html
2.
Judicial decisions:
(a)
http://www.yukoncourts.ca/
3.
Administrative rulings and procedures:
(a)
http://www.hpw.gov.yk.ca/selling/bidchallenge.html
Section B:
Electronic or paper media utilised for the publication of notices required by Articles 19.6, 19.8.7 and 19.15.2 pursuant to Article 19.5
1.
CANADA
1.1   Government entities and Crown corporations:
1.
Government Electronic Tendering System (GETS):
https://buyandsell.gc.ca/procurement-data/tenders
2.
MERX, Cebra Inc.:
http://www.merx.ca
2.
PROVINCES AND TERRITORIES
2.1   Alberta
1.
Alberta Purchasing Connection:
http://www.purchasingconnection.ca
2.2   British Columbia
1.
BC Bid:
http://www.bcbid.gov.bc.ca
2.3   Manitoba
1.
Provincial:
(a)
http://www.gov.mb.ca/tenders
2.
Municipalities, municipal organisations:
(a)
City of Winnipeg:
http://www.winnipeg.ca/matmgt/bidopp.asp
(b)
City of Brandon:
http://brandon.ca/purchasing-a-tenders
(c)
City of Steinbach:
http://www.steinbach.ca/city_services/tender_opportunities/
(d)
City of Portage La Prairie:
http://www.city-plap.com/main/category/opportunities/; and
http://www.rfp.ca/organization/City-of-Portage-la-Prairie
(e)
City of Thompson:
http://www.thompson.ca/index.aspx?page=229
3.
Publicly-funded academic, health and social services entities:
(a)
University of Manitoba:
http://umanitoba.ca/admin/financial_services/purch/bid_opportunities.html; and
https://www.biddingo.com/
(b)
University of Winnipeg:
https://www.merx.com/
(c)
University of Brandon:
http://www.rfp.ca/organization/Brandon-University
(d)
Red River College:
www.merx.com
(e)
University College of the North:
www.merx.com
(f)
Winnipeg Regional Health Authority:
http://www.wrha.mb.ca/about/busopp/bids.php
(g)
Regional Health Authorities of Manitoba:
www.healthprocanada.com; and www.biddingo.com
4.
School boards:
(a)
Beautiful Plains:
http://www.beautifulplainssd.ca/
(b)
Border Land:
http://www.blsd.ca/About/tenders/Pages/default.aspx
(c)
Brandon:
https://www.bsd.ca/Division/tenders/Pages/default.aspx
(d)
Division scolaire franco-manitobaine:
www.MERX.com
(e)
Evergreen:
http://www.esd.ca/Programs/Pages/Maintenance-and-Transportation.aspx
(f)
Flin Flon:
http://www.ffsd.mb.ca
(g)
Fort La Bosse:
http://www.flbsd.mb.ca/
(h)
Frontier:
http://www.frontiersd.mb.ca/resources/Pages/bidopportunities.aspx
(i)
Garden Valley:
http://www.gvsd.ca
(j)
Hanover:
www.merx.com
(k)
Interlake:
http://www.isd21.mb.ca/request_for_proposals.html
(l)
Kelsey:
http://www.ksd.mb.ca
(m)
Lord Selkirk:
http://www.lssd.ca/
(n)
Lakeshore:
www.merx.com
(o)
Louis Riel:
www.merx.com
(p)
Mountain View:
http://www.mvsd.ca/index.cfm
(q)
Mystery Lake:
http://www.mysterynet.mb.ca
(r)
Park West:
http://www.pwsd.ca/home.html
(s)
Pembina Trails:
http://www.pembinatrails.ca/board_administration/open_tenders.html
(t)
Pine Creek:
http://www.pinecreeksd.mb.ca
(u)
Portage la Prairie:
http://www.plpsd.mb.ca/
(v)
Prairie Rose:
http://www.prsdmb.ca/
(w)
Prairie Spirit:
https://sites.google.com/a/prspirit.org/prairie-spirit-5/employment/tenders-and-rfp
(x)
Red River Valley:
http://rrvsd.ca/
(y)
River East Transcona:
www.merx.com
(z)
Rolling River:
http://www.rrsd.mb.ca/governance/PolicyManual/Pages/default.aspx
(aa)
Seine River:
http://www.srsd.mb.ca/
(bb)
Seven Oaks:
http://www.7oaks.org/News/Pages/Tenders.aspx; and www.merx.com
(cc)
Southwest Horizon:
http://www.shmb.ca/
(dd)
St. James-Assiniboia:
www.merx.com
(ee)
Sunrise:
http://www.sunrisesd.ca/OperationalDepartments/Purchasing/Proposals%20and%20Tenders/Pages/default.aspx
(ff)
Swan Valley:
http://www.svsd.ca/
(gg)
Turtle Mountain:
http://www.tmsd.mb.ca
(hh)
Turtle River:
http://trsd32.mb.ca
(ii)
Western:
http://www.westernsd.mb.ca/
(jj)
Whiteshell:
http://www.sdwhiteshell.mb.ca/
(kk)
Winnipeg:
https://www.winnipegsd.ca/Pages/Bids-and-Tenders.aspx
(ll)
Manitoba Institute of Trades and Technology (formerly Winnipeg Tech. College):
www.mitt.ca
(mm)
Public Schools Finance Board:
http://www.plansource.ca/Portals/61984/spr/wca.htm
5.
Crown corporations:
(a)
Manitoba Hydro:
http://www.merx.com/English/Nonmember.asp?WCE=Show&TAB=3&PORTAL=MERX&State=1&hcode=ZnHb9N%2fychQhquB6o2pU2g%3d%3d
(b)
Manitoba Liquor and Lotteries:
www.merx.com; and
www.winnipegconstruction.ca (construction only)
2.4   New Brunswick
1.
New Brunswick Opportunities Network:
https://nbon-rpanb.gnb.ca/welcome?language=En
2.
Réseau de possibilités d'affaires du Nouveau-Brunswick:
http://www.gnb.ca/soumissions
2.5   Newfoundland and Labrador
1.
Information available on Internet homepage, Government Purchasing Agency:
http://www.gpa.gov.nl.ca/index.html
2.6   Northwest Territories
1.
Contract Registry:
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.7   Nova Scotia
1.
Procurement Services:
http://www.novascotia.ca/tenders/
2.8   Nunavut
1.
http://www.nunavuttenders.ca/
2.9   Ontario
1.
https://ontariotenders.bravosolution.com/esop/nac-host/public/web/login.html
2.
School boards and publicly-funded academic, health and social service entities; Municipalities; and all provincial and municipal government-owned entities of a commercial or industrial nature:
(a)
http://www.marcan.net/en/on/index.php
3.
Hydro One:
http://www.hydroone.com/DoingBusiness/Pages/default.aspx
4.
Ontario Power Generation:
http://www.opg.com/working-with-opg/suppliers/supply-chain/Pages/Become%20a%20Supplier.aspx
2.10   Prince Edward Island
1.
http://www.gov.pe.ca/finance/index.php3?number=1041973
2.11   Québec
1.
Procurement notices (Article 19.6), requests for qualification, the names of suppliers that are selected in the context of a delivery order contract or a task order contract, and information that relates to awards (Article 19.15.2) are published by SEAO, the electronic tendering system approved by the Government of Québec (http://www.seao.ca).
2.
In Québec, according to the regulations, a multi-purpose list can be used only in the context of a procedure to qualify a supplier (Article 19.8.7).
2.12   Saskatchewan
1.
SaskTenders:
www.sasktenders.ca
2.13   Yukon
1.
http://www.gov.yk.ca/tenders/tms.html
2.
http://www.hpw.gov.yk.ca/tenders/index.html
Section C:
Website address or addresses where Parties publish procurement statistics pursuant to Article 19.15.5 and notices concerning awarded contracts pursuant to Article 19.15.6
1.
CANADA
1.1   Government entities and Crown corporations:
1.
Purchasing Activity Report:
http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/con_data/siglist-eng.asp
2.
Government Electronic Tendering System (GETS):
https://buyandsell.gc.ca/
2.
PROVINCES AND TERRITORIES
2.1   Alberta
1.
http://www.purchasingconnection.ca
2.2   British Columbia
1.
http://www.bcbid.gov.bc.ca
2.3   Manitoba
1.
http://www.gov.mb.ca/tenders
2.
http://www.merx.com
2.4   New Brunswick
1.
http://www.gnb.ca/tenders
2.
http://www.gnb.ca/soumissions
2.5   Newfoundland and Labrador
1.
http://www.gpa.gov.nl.ca
2.6   Northwest Territories
1.
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.7   Nova Scotia
1.
http://www.novascotia.ca/tenders/
2.8   Nunavut
1.
http://www.nunavuttenders.ca/
2.
http://www.gov.nu.ca/eia/programs-services/information-businesses
2.9   Ontario
1.
http://www.doingbusiness.mgs.gov.on.ca/
2.10   Prince Edward Island
1.
http://www.gov.pe.ca/finance/index.php3?number=1041973
2.11   Québec
1.
Statistiques sur les acquisitions gouvernementales:
http://www.tresor.gouv.qc.ca/faire-affaire-avec-letat/publications/statistiques-sur-les-acquisitions-gouvernementales/
2.
Avis concernant les marchés adjugés Système électronique d'appel d'offres approuvé par le gouvernement du Québec SEAO (http://www.seao.ca)
2.12   Saskatchewan
1.
www.sasktenders.ca
2.13   Yukon
1.
http://www.gov.yk.ca/tenders/tms.html
2.
http://www.hpw.gov.yk.ca/registry/
MARKET ACCESS SCHEDULE OF THE EUROPEAN UNION
ANNEX 19-1
Central government entities which procure in accordance with the provisions of the Chapter
Goods
Specified in Annex 19-4
Thresholds
SDR 130 000
Services
Specified in Annex 19-5
Thresholds
SDR 130 000
Construction services and works concessions
Specified in Annex 19-6
Thresholds
SDR 5 000 000
Section A: European Union entities
1.
The Council of the European Union
2.
The European Commission
3.
European External Action Service (EEAS)
Section B: The central government contracting authorities of European Union Member States
(Note: this list is exhaustive)
BELGIUM
1.
Services publics fédéraux:
1.
Federale Overheidsdiensten:
SPF Chancellerie du Premier Ministre
FOD Kanselarij van de Eerste Minister
SPF Personnel et Organisation
FOD Kanselarij Personeel en Organisatie
SPF Budget et Contrôle de la Gestion
FOD Budget en Beheerscontrole
SPF Technologie de l'Information et de la Communication (Fedict)
FOD Informatie- en Communicatietechnologie (Fedict)
SPF Affaires étrangères, Commerce extérieur et Coopération au Développement
FOD Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking
SPF Intérieur
FOD Binnenlandse Zaken
SPF Finances
FOD Financiën
SPF Mobilité et Transports
FOD Mobiliteit en Vervoer
SPF Emploi, Travail et Concertation sociale
FOD Werkgelegenheid, Arbeid en sociaal overleg
SPF Sécurité Sociale et Institutions publiques de Sécurité Sociale
FOD Sociale Zekerheid en Openbare Instellingen van sociale Zekerheid
SPF Santé publique, Sécurité de la Chaîne alimentaire et Environnement
FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu
SPF Justice
FOD Justitie
SPF Economie, PME, Classes moyennes et Energie
FOD Economie, KMO, Middenstand en Energie
Ministère de la Défense
Ministerie van Landsverdediging
Service public de programmation Intégration sociale, Lutte contre la pauvreté Et Economie sociale
Programmatorische Overheidsdienst Maatschappelijke Integratie, Armoedsbestrijding en sociale Economie
Service public fédéral de Programmation Développement durable
Programmatorische federale Overheidsdienst Duurzame Ontwikkeling
Service public fédéral de Programmation Politique scientifique
Programmatorische federale Overheidsdienst Wetenschapsbeleid
2.
Régie des Bâtiments:
2.
Regie der Gebouwen:
Office national de Sécurité sociale
Rijksdienst voor sociale Zekerheid
Institut national d'Assurance sociales Pour travailleurs indépendants
Rijksinstituut voor de sociale Verzekeringen der Zelfstandigen
Institut national d'Assurance Maladie-Invalidité; Office national des Pensions
Rijksinstituut voor Ziekte- en Invaliditeitsverzekering; Rijksdienst voor Pensioenen
Caisse auxiliaire d'Assurance Maladie-Invalidité
Hulpkas voor Ziekte-en Invaliditeitsverzekering
Fond des Maladies professionnelles
Fonds voor Beroepsziekten
Office national de l'Emploi
Rijksdienst voor Arbeidsvoorziening
La Poste
 (
1
)
De Post
 (
1
)
BULGARIA
1.
Администрация на Народното събрание (Administration of the National Assembly)
2.
Администрация на Президента (Administration of the President)
3.
Администрация на Министерския съвет (Administration of the Council of Ministers)
4.
Конституционен съд (Constitutional Court)
5.
Българска народна банка (Bulgarian National Bank)
6.
Министерство на външните работи (Ministry of Foreign Affairs)
7.
Министерство на вътрешните работи (Ministry of the Interior)
8.
Министерство на извънредните ситуации (Ministry of Еmergency Situations)
9.
Министерство на държавната администрация и административната реформа (Ministry of State Administration and Administrative Reform)
10.
Министерство на земеделието и храните (Ministry of Agriculture and Food)
11.
Министерство на здравеопазването (Ministry of Health)
12.
Министерство на икономиката и енергетиката (Ministry of Economy and Energy)
13.
Министерство на културата (Ministry of Culture)
14.
Министерство на образованието и науката (Ministry of Education and Science)
15.
Министерство на околната среда и водите (Ministry of Environment and Water)
16.
Министерство на отбраната (Ministry of Defence)
17.
Министерство на правосъдието (Ministry of Justice)
18.
Министерство на регионалното развитие и благоустройството (Ministry of Regional Development and Public Works)
19.
Министерство на транспорта (Ministry of Transport)
20.
Министерство на труда и социалната политика (Ministry of Labour and Social Policy)
21.
Министерство на финансите (Ministry of Finance)
22.
държавни агенции, държавни комисии, изпълнителни агенции и други държавни институции, създадени със закон или с постановление на Министерския съвет, които имат функции във връзка с осъществяването на изпълнителната власт (state agencies, state commissions, executive agencies and other state authorities established by law or by Council of Ministers' decree having a function relating to the exercise of executive power):
23.
Агенция за ядрено регулиране (Nuclear Regulatory Agency)
24.
Държавна комисия за енергийно и водно регулиране (Energy and Water State Regulatory Commission)
25.
Държавна комисия по сигурността на информацията (State Commission on Information Security)
26.
Комисия за защита на конкуренцията (Commission for Protection of Competition)
27.
Комисия за защита на личните данни (Commission for Personal Data Protection)
28.
Комисия за защита от дискриминация (Commission for Protection Against Discrimination)
29.
Комисия за регулиране на съобщенията (Communications Regulation Commission)
30.
Комисия за финансов надзор (Financial Supervision Commission)
31.
Патентно ведомство на Република България (Patent Office of the Republic of Bulgaria)
32.
Сметна палата на Република България (National Audit Office of the Republic of Bulgaria)
33.
Агенция за приватизация (Privatization Agency)
34.
Агенция за следприватизационен контрол (Agency for Post-privatization Control)
35.
Български институт по метрология (Bulgarian Institute for Metrology)
36.
Държавна агенция ‘Архиви’ (State Agency ‘Archives’)
37.
Държавна агенция ‘Държавен резерв и военновременни запаси’ (State Agency ‘State Reserve and War-Time Stocks’)
38.
Държавна агенция за бежанците (State Agency for Refugees)
39.
Държавна агенция за българите в чужбина (State Agency for Bulgarians Abroad)
40.
Държавна агенция за закрила на детето (State Agency for Child Protection)
41.
Държавна агенция за информационни технологии и съобщения (State Agency for Information Technology and Communications)
42.
Държавна агенция за метрологичен и технически надзор (State Agency for Metrological and Technical Surveillance)
43.
Държавна агенция за младежта и спорта (State Agency for Youth and Sports)
44.
Държавна агенция по туризма (State Agency for Tourism)
45.
Държавна комисия по стоковите борси и тържища (State Commission on Commodity Exchanges and Market-places)
46.
Институт по публична администрация и европейска интеграция (Institute of Public Administration and European Integration)
47.
Национален статистически институт (National Statistical Institute)
48.
Агенция ‘Митници’ (Customs Agency)
49.
Агенция за държавна и финансова инспекция (Public Financial Inspection Agency)
50.
Агенция за държавни вземания (State Receivables Collection Agency)
51.
Агенция за социално подпомагане (Social Assistance Agency)
52.
Държавна агенция ‘Национална сигурност’ (State Agency ‘National Security’)
53.
Агенция за хората с увреждания (Agency for Persons with Disabilities)
54.
Агенция по вписванията (Registry Agency)
55.
Агенция по енергийна ефективност (Energy Efficiency Agency)
56.
Агенция по заетостта (Employment Agency)
57.
Агенция по геодезия, картография и кадастър (Geodesy, Cartography and Cadastre Agency)
58.
Агенция по обществени поръчки (Public Procurement Agency)
59.
Българска агенция за инвестиции (Bulgarian Investment Agency)
60.
Главна дирекция ‘Гражданска въздухоплавателна администрация’ (General Directorate ‘Civil Aviation Administration’)
61.
Дирекция за национален строителен контрол (Directorate for National Construction Supervision)
62.
Държавна комисия по хазарта (State Commission on Gambling)
63.
Изпълнителна агенция ‘Автомобилна администрация’ (Executive Agency ‘Automobile Administration’)
64.
Изпълнителна агенция ‘Борба с градушките’ (Executive Agency ‘Hail Suppression’)
65.
Изпълнителна агенция ‘Българска служба за акредитация’ (Executive Agency ‘Bulgarian Accreditation Service’)
66.
Изпълнителна агенция ‘Главна инспекция по труда’ (Executive Agency ‘General Labour Inspectorate’)
67.
Изпълнителна агенция ‘Железопътна администрация’ (Executive Agency ‘Railway Administration’)
68.
Изпълнителна агенция ‘Морска администрация’ (Executive Agency ‘Maritime Administration’)
69.
Изпълнителна агенция ‘Национален филмов център’ (Executive Agency ‘National Film Centre’)
70.
Изпълнителна агенция ‘Пристанищна администрация’ (Executive Agency ‘Port Administration’)
71.
Изпълнителна агенция ‘Проучване и поддържане на река Дунав’ (Executive Agency ‘Exploration and Maintenance of the Danube River’)
72.
Фонд ‘Републиканска пътна инфраструктура’ (National Infrastructure Fund)
73.
Изпълнителна агенция за икономически анализи и прогнози (Executive Agency for Economic Analysis and Forecasting)
74.
Изпълнителна агенция за насърчаване на малките и средни предприятия (Executive Agency for Promotion of Small and Medium Enterprises)
75.
Изпълнителна агенция по лекарствата (Executive Agency on Medicines)
76.
Изпълнителна агенция по лозата и виното (Executive Agency on Vine and Wine)
77.
Изпълнителна агенция по околна среда (Executive Environment Agency)
78.
Изпълнителна агенция по почвените ресурси (Executive Agency on Soil Resources)
79.
Изпълнителна агенция по рибарство и аквакултури (Executive Agency on Fisheries and Aquaculture)
80.
Изпълнителна агенция по селекция и репродукция в животновъдството (Executive Agency for Selection and Reproduction in Animal Husbandry)
81.
Изпълнителна агенция по сортоизпитване, апробация и семеконтрол (Executive Agency for Plant Variety Testing, Field Inspection and Seed Control)
82.
Изпълнителна агенция по трансплантация (Transplantation Executive Agency)
83.
Изпълнителна агенция по хидромелиорации (Executive Agency on Hydromelioration)
84.
Комисията за защита на потребителите (Commission for Consumer Protection)
85.
Контролно-техническата инспекция (Control Technical Inspectorate)
86.
Национална агенция за приходите (National Revenue Agency)
87.
Национална ветеринарномедицинска служба (National Veterinary Service)
88.
Национална служба за растителна защита (National Service for Plant Protection)
89.
Национална служба по зърното и фуражите (National Grain and Feed Service)
90.
Държавна агенция по горите (State Forestry Agency)
91.
Висшата атестационна комисия (Higher Attestation Commission)
92.
Национална агенция за оценяване и акредитация (National Evaluation and Accreditation Agency)
93.
Националната агенция за професионално образование и обучение (National Agency for Vocational Education and Training)
94.
Национална комисия за борба с трафика на хора (Bulgarian National Anti-Trafficking Commission)
95.
Дирекция ‘Материално-техническо осигуряване и социално обслужване’ на Министерство на вътрешните работи (Directorate ‘Material-technical Ensuring and Social Service’ at the Ministry of the Interior)
96.
Дирекция ‘Оперативно издирване’ на Министерство на вътрешните работи (Directorate ‘Operative Investigation’ at the Ministry of the Interior)
97.
Дирекция ‘Финансово-ресурсно осигуряване’ на Министерство на вътрешните работи (Directorate ‘Financial and Resource Ensuring’ at the Ministry of the Interior)
98.
Изпълнителна агенция ‘Военни клубове и информация’ (Executive Agency ‘Military Clubs and Information’)
99.
Изпълнителна агенция ‘Държавна собственост на Министерството на отбраната’ (Executive Agency ‘State Property at the Ministry of Defence’)
100.
Изпълнителна агенция ‘Изпитвания и контролни измервания на въоръжение, техника и имущества’(Executive Agency ‘Testing and Control Measurements of Arms, Equipment and Property’)
101.
Изпълнителна агенция ‘Социални дейности на Министерството на отбраната’ (Executive Agency ‘Social Activities at the Ministry of Defence’)
102.
Национален център за информация и документация (National Center for Information and Documentation)
103.
Национален център по радиобиология и радиационна защита (National Centre for Radiobiology and Radiation Protection)
104.
Национална служба ‘Полиция’ (National Office ‘Police’)
105.
Национална служба‘Пожарна безопасност и защита на населението’ (National Office ‘Fire Safety and Protection of the Population’)
106.
Национална служба за съвети в земеделието (National Agricultural Advisory Service)
107.
Служба ‘Военна информация’ (Military Information Service)
108.
Служба ‘Военна полиция’ (Military Police)
109.
Авиоотряд 28 (Airsquad 28)
CZECH REPUBLIC
1.
Ministerstvo dopravy (Ministry of Transport)
2.
Ministerstvo financí (Ministry of Finance)
3.
Ministerstvo kultury (Ministry of Culture)
4.
Ministerstvo obrany (Ministry of Defence)
5.
Ministerstvo pro místní rozvoj (Ministry for Regional Development)
6.
Ministerstvo práce a sociálních věcí (Ministry of Labour and Social Affairs)
7.
Ministerstvo průmyslu a obchodu (Ministry of Industry and Trade)
8.
Ministerstvo spravedlnosti (Ministry of Justice)
9.
Ministerstvo školství, mládeže a tělovýchovy (Ministry of Education, Youth and Sports)
10.
Ministerstvo vnitra (Ministry of the Interior)
11.
Ministerstvo zahraničních věcí (Ministry of Foreign Affairs)
12.
Ministerstvo zdravotnictví (Ministry of Health)
13.
Ministerstvo zemědělství (Ministry of Agriculture)
14.
Ministerstvo životního prostředí (Ministry of the Environment)
15.
Poslanecká sněmovna PČR (Chamber of Deputies of the Parliament of the Czech Republic)
16.
Senát PČR (Senate of the Parliament of the Czech Republic)
17.
Kancelář prezidenta (Office of the President)
18.
Český statistický úřad (Czech Statistical Office)
19.
Český úřad zeměměřičský a katastrální (Czech Office for Surveying, Mapping and Cadastre)
20.
Úřad průmyslového vlastnictví (Industrial Property Office)
21.
Úřad pro ochranu osobních údajů (Office for Personal Data Protection)
22.
Bezpečnostní informační služba (Security Information Service)
23.
Národní bezpečnostní úřad (National Security Authority)
24.
Česká akademie věd (Academy of Sciences of the Czech Republic)
25.
Vězeňská služba (Prison Service)
26.
Český báňský úřad (Czech Mining Authority)
27.
Úřad pro ochranu hospodářské soutěže (Office for the Protection of Competition)
28.
Správa státních hmotných rezerv (Administration of the State Material Reserves)
29.
Státní úřad pro jadernou bezpečnost (State Office for Nuclear Safety)
30.
Energetický regulační úřad (Energy Regulatory Office)
31.
Úřad vlády České republiky (Office of the Government of the Czech Republic)
32.
Ústavní soud (Constitutional Court)
33.
Nejvyšší soud (Supreme Court)
34.
Nejvyšší správní soud (Supreme Administrative Court)
35.
Nejvyšší státní zastupitelství (Supreme Public Prosecutor's Office)
36.
Nejvyšší kontrolní úřad (Supreme Audit Office)
37.
Kancelář Veřejného ochránce práv (Office of the Public Defender of Rights)
38.
Grantová agentura České republiky (Grant Agency of the Czech Republic)
39.
Státní úřad inspekce práce (State Labour Inspection Office)
40.
Český telekomunikační úřad (Czech Telecommunication Office)
41.
Ředitelství silnic a dálnic ČR (ŘSD) (Road and Motorway Directorate of the Czech Republic)
DENMARK
1.
Folketinget — The Danish Parliament Rigsrevisionen — The National Audit Office
2.
Statsministeriet — The Prime Minister's Office
3.
Udenrigsministeriet — Ministry of Foreign Affairs
4.
Beskæftigelsesministeriet — Ministry of Employment
5 styrelser og institutioner — 5 agencies and institutions
5.
Domstolsstyrelsen — The Court Administration
6.
Finansministeriet — Ministry of Finance
5 styrelser og institutioner — 5 agencies and institutions
7.
Forsvarsministeriet — Ministry of Defence
5 styrelser og institutioner — 5 agencies and Institutions
8.
Ministeriet for Sundhed og Forebyggelse — Ministry of the Interior and Health
Adskillige styrelser og institutioner, herunder Statens Serum Institut — Several agencies and institutions, including Statens Serum Institut
9.
Justitsministeriet — Ministry of Justice
Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser — Commissioner of Police, 1 directorate and a number of agencies
10.
Kirkeministeriet — Ministry of Ecclesiastical Affairs
10 stiftsøvrigheder — 10 diocesan authorities
11.
Kulturministeriet — Ministry of Culture
4 styrelser samt et antal statsinstitutioner — A Department and a number of institutions
12.
Miljøministeriet — Ministry of the Environment
5 styrelser — 5 agencies
13.
Ministeriet for Flygtninge, Invandrere og Integration — Ministry of Refugee, Immigration and Integration Affairs
1 styrelse — 1 agency
14.
Ministeriet for Fødevarer, Landbrug og Fiskeri — Ministry of Food, Agriculture and Fisheries
4 direktorater og institutioner — 4 directorates and institutions
15.
Ministeriet for Videnskab, Teknologi og Udvikling — Ministry of Science, Technology and Innovation
Adskillige styrelser og institutioner, Forskningscenter Risø og Statens uddannelsesbygninger — Several agencies and institutions, including Risoe National Laboratory and Danish National Research and Education Buildings
16.
Skatteministeriet — Ministry of Taxation
1 styrelse og institutioner — 1 agency and several institutions
17.
Velfærdsministeriet — Ministry of Welfare
3 styrelser og institutioner — 3 agencies and several institutions
18.
Transportministeriet — Ministry of Transport
7 styrelser og institutioner, herunder Øresundsbrokonsortiet — 7 agencies and institutions, including Øresundsbrokonsortiet
19.
Undervisningsministeriet — Ministry of Education
3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner — 3 agencies, 4 educational establishments, 5 other institutions
20.
Økonomi- og Erhvervsministeriet — Ministry of Economic and Business Affairs
Adskillige styrelser og institutioner — Several agencies and institutions
21.
Klima- og Energiministeriet — Ministry for Climate and Energy
3 styrelser og institutioner — 3 agencies and institutions
GERMANY
1.
Federal Foreign Office
Auswärtiges Amt
2.
Federal Chancellery
Bundeskanzleramt
3.
Federal Ministry of Labour and Social Affairs
Bundesministerium für Arbeit und Soziales
4.
Federal Ministry of Education and Research
Bundesministerium für Bildung und Forschung
5.
Federal Ministry for Food, Agriculture and Consumer Protection
Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz
6.
Federal Ministry of Finance
Bundesministerium der Finanzen
7.
Federal Ministry of the Interior (civil goods only)
Bundesministerium des Innern
8.
Federal Ministry of Health
Bundesministerium für Gesundheit
9.
Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Bundesministerium für Familie, Senioren, Frauen und Jugend
10.
Federal Ministry of Justice
Bundesministerium der Justiz
11.
Federal Ministry of Transport, Building and Urban Affairs
Bundesministerium für Verkehr, Bau und Stadtentwicklung
12.
Federal Ministry of Economic Affairs and Technology
Bundesministerium für Wirtschaft und Technologie
13.
Federal Ministry for Economic Co-operation and Development
Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung
14.
Federal Ministry of Defence
Bundesministerium der Verteidigung
15.
Federal Ministry of Environment, Nature Conservation and Reactor Safety
Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit
ESTONIA
1.
Vabariigi Presidendi Kantselei (Office of the President of the Republic of Estonia)
2.
Eesti Vabariigi Riigikogu (Parliament of the Republic of Estonia)
3.
Eesti Vabariigi Riigikohus (Supreme Court of the Republic of Estonia)
4.
Riigikontroll (The State Audit Office of the Republic of Estonia)
5.
Õiguskantsler (Legal Chancellor)
6.
Riigikantselei (The State Chancellery)
7.
Rahvusarhiiv (The National Archives of Estonia)
8.
Haridus- ja Teadusministeerium (Ministry of Education and Research)
9.
Justiitsministeerium (Ministry of Justice)
10.
Kaitseministeerium (Ministry of Defence)
11.
Keskkonnaministeerium (Ministry of Environment)
12.
Kultuuriministeerium (Ministry of Culture)
13.
Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and Communications)
14.
Põllumajandusministeerium (Ministry of Agriculture)
15.
Rahandusministeerium (Ministry of Finance)
16.
Siseministeerium (Ministry of Internal Affairs)
17.
Sotsiaalministeerium (Ministry of Social Affairs)
18.
Välisministeerium (Ministry of Foreign Affairs)
19.
Keeleinspektsioon (The Language Inspectorate)
20.
Riigiprokuratuur (Prosecutor's Office)
21.
Teabeamet (The Information Board)
22.
Maa-amet (Estonian Land Board)
23.
Keskkonnainspektsioon (Environmental Inspectorate)
24.
Metsakaitse- ja Metsauuenduskeskus (Centre of Forest Protection and Silviculture)
25.
Muinsuskaitseamet (The Heritage Board)
26.
Patendiamet (Patent Office)
27.
Tehnilise Järelevalve Amet (The Estonian Technical Surveillance Authority)
28.
Tarbijakaitseamet (The Consumer Protection Board)
29.
Riigihangete Amet (Public Procurement Office)
30.
Taimetoodangu Inspektsioon (The Plant Production Inspectorate)
31.
Põllumajanduse Registrite ja Informatsiooni Amet (Agricultural Registers and Information Board)
32.
Veterinaar- ja Toiduamet (The Veterinary and Food Board)
33.
Konkurentsiamet (The Estonian Competition Authority)
34.
Maksu –ja Tolliamet (Tax and Customs Board)
35.
Statistikaamet (Statistics Estonia)
36.
Kaitsepolitseiamet (The Security Police Board)
37.
Kodakondsus- ja Migratsiooniamet (Citizenship and Migration Board)
38.
Piirivalveamet (National Board of Border Guard)
39.
Politseiamet (National Police Board)
40.
Eesti Kohtuekspertiisi 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)
GREECE
1.
Υπουργείο Εσωτερικών (Ministry of Interior)
2.
Υπουργείο Εξωτερικών (Ministry of Foreign Affairs)
3.
Υπουργείο Οικονομίας και Οικονομικών (Ministry of Economy and Finance)
4.
Υπουργείο Ανάπτυξης (Ministry of Development)
5.
Υπουργείο Δικαιοσύνης (Ministry of Justice)
6.
Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων (Ministry of Education and Religion)
7.
Υπουργείο Πολιτισμού (Ministry of Culture)
8.
Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης (Ministry of Health and Social Solidarity)
9.
Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων (Ministry of Environment, Physical Planning and Public Works)
10.
Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας (Ministry of Employment and Social Protection)
11.
Υπουργείο Μεταφορών και Επικοινωνιών (Ministry of Transport and Communications)
12.
Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων (Ministry of Rural Development and Food)
13.
Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής (Ministry of Mercantile Marine, Aegean and Island Policy)
14.
Υπουργείο Μακεδονίας- Θράκης (Ministry of Macedonia and Thrace)
15.
Γενική Γραμματεία Επικοινωνίας (General Secretariat of Communication)
16.
Γενική Γραμματεία Ενημέρωσης (General Secretariat of Information)
17.
Γενική Γραμματεία Νέας Γενιάς (General Secretariat for Youth)
18.
Γενική Γραμματεία Ισότητας (General Secretariat of Equality)
19.
Γενική Γραμματεία Κοινωνικών Ασφαλίσεων (General Secretariat for Social Security)
20.
Γενική Γραμματεία Απόδημου Ελληνισμού (General Secretariat for Greeks Living Abroad)
21.
Γενική Γραμματεία Βιομηχανίας (General Secretariat for Industry)
22.
Γενική Γραμματεία Έρευνας και Τεχνολογίας (General Secretariat for Research and Technology)
23.
Γενική Γραμματεία Αθλητισμού (General Secretariat for Sports)
24.
Γενική Γραμματεία Δημοσίων Έργων (General Secretariat for Public Works)
25.
Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος (National Statistical Service)
26.
Εθνικό Συμβούλιο Κοινωνικής Φροντίδας (National Welfare Council)
27.
Οργανισμός Εργατικής Κατοικίας (Workers' Housing Organisation)
28.
Εθνικό Τυπογραφείο (National Printing Office)
29.
Γενικό Χημείο του Κράτους (General State Laboratory)
30.
Ταμείο Εθνικής Οδοποιίας (Greek Highway Fund)
31.
Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών (University of Athens)
32.
Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης (University of Thessaloniki)
33.
Δημοκρίτειο Πανεπιστήμιο Θράκης (University of Thrace)
34.
Πανεπιστήμιο Αιγαίου (University of Aegean)
35.
Πανεπιστήμιο Ιωαννίνων (University of Ioannina)
36.
Πανεπιστήμιο Πατρών (University of Patras)
37.
Πανεπιστήμιο Μακεδονίας (University of Macedonia)
38.
Πολυτεχνείο Κρήτης (Polytechnic School of Crete)
39.
Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων (Sivitanidios Technical School)
40.
Αιγινήτειο Νοσοκομείο (Eginitio Hospital)
41.
Αρεταίειο Νοσοκομείο (Areteio Hospital)
42.
Εθνικό Κέντρο Δημόσιας Διοίκησης (National Centre of Public Administration)
43.
Οργανισμός Διαχείρισης Δημοσίου Υλικού (Α.Ε. Public Material Μanagement Organisation)
44.
Οργανισμός Γεωργικών Ασφαλίσεων (Farmers' Insurance Organisation)
45.
Οργανισμός Σχολικών Κτιρίων (School Building Organisation)
46.
Γενικό Επιτελείο Στρατού (Army General Staff)
47.
Γενικό Επιτελείο Ναυτικού (Navy General Staff)
48.
Γενικό Επιτελείο Αεροπορίας (Airforce General Staff)
49.
Ελληνική Επιτροπή Ατομικής Ενέργειας (Greek Atomic Energy Commission)
50.
Γενική Γραμματεία Εκπαίδευσης Ενηλίκων (General Secretariat for Further Education)
51.
Υπουργείο Εθνικής Άμυνας (Ministry of National Defence)
52.
Γενική Γραμματεία Εμπορίου (General Secretariat of Commerce)
53.
Ελληνικά Ταχυδρομεία Hellenic Post (EL. TA)
SPAIN
Presidencia de Gobierno
Ministerio de Asuntos Exteriores y de Cooperación
Ministerio de Justicia
Ministerio de Defensa
Ministerio de Economía y Hacienda
Ministerio del Interior
Ministerio de Fomento
Ministerio de Educación y Ciencia
Ministerio de Industria, Turismo y Comercio
Ministerio de Trabajo y Asuntos Sociales
Ministerio de Agricultura, Pesca y Alimentación
Ministerio de la Presidencia
Ministerio de Administraciones Públicas
Ministerio de Cultura
Ministerio de Sanidad y Consumo
Ministerio de Medio Ambiente
Ministerio de Vivienda
FRANCE
1.   
Ministères
Services du Premier ministre
Ministère chargé de la santé, de la jeunesse et des sports
Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales
Ministère chargé de la justice
Ministère chargé de la défense
Ministère chargé des affaires étrangères et européennes
Ministère chargé de l'éducation nationale
Ministère chargé de l'économie, des finances et de l'emploi
Secrétariat d'Etat aux transports
Secrétariat d'Etat aux entreprises et au commerce extérieur
Ministère chargé du travail, des relations sociales et de la solidarité
Ministère chargé de la culture et de la communication
Ministère chargé du budget, des comptes publics et de la fonction publique
Ministère chargé de l'agriculture et de la pêche
Ministère chargé de l'enseignement supérieur et de la recherche
Ministère chargé de l'écologie, du développement et de l'aménagement durables
Secrétariat d'Etat à la fonction publique
Ministère chargé du logement et de la ville
Secrétariat d'Etat à la coopération et à la francophonie
Secrétariat d'Etat à l'outre-mer
Secrétariat d'Etat à la jeunesse et aux sports et de la vie associative
Secrétariat d'Etat aux anciens combattants
Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co-développement
Secrétariat d'Etat en charge de la prospective et de l'évaluation des politiques publiques
Secrétariat d'Etat aux affaires européennes
Secrétariat d'Etat aux affaires étrangères et aux droits de l'homme
Secrétariat d'Etat à la consommation et au tourisme
Secrétariat d'Etat à la politique de la ville
Secrétariat d'Etat à la solidarité
Secrétariat d'Etat en charge de l'emploi
Secrétariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services
Secrétariat d'Etat en charge du développement de la région-capitale
Secrétariat d'Etat en charge de l'aménagement du territoire
2.   
Établissements publics nationaux
Académie de France à Rome
Académie de marine
Académie des sciences d'outre-mer
Académie des technologies
Agence Centrale des Organismes de Sécurité Sociale (A.C.O.S.S.)
Agences de l'eau
Agence de biomédecine
Agence pour l'enseignement du français à l'étranger
Agence française de sécurité sanitaire des aliments
Agence française de sécurité sanitaire de l'environnement et du travail
Agence Nationale de l'Accueil des Etrangers et des migrations
Agence nationale pour l'amélioration des conditions de travail (ANACT)
Agence nationale pour l'amélioration de l'habitat (ANAH)
Agence Nationale pour la Cohésion Sociale et l'Egalité des Chances
Agence pour la garantie du droit des mineurs
Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM)
Assemblée permanente des chambres d'agriculture (APCA)
Bibliothèque nationale de France
Bibliothèque nationale et universitaire de Strasbourg
Caisse des Dépôts et Consignations
Caisse nationale des autoroutes (CNA)
Caisse nationale militaire de sécurité sociale (CNMSS)
Caisse de garantie du logement locatif social
Casa de Velasquez
Centre d'enseignement zootechnique
Centre d'études de l'emploi
Centre hospitalier national des Quinze-Vingts
Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro)
Centre des liaisons européennes et internationales de sécurité sociale
Centre des Monuments Nationaux
Centre national d'art et de culture Georges Pompidou
Centre national des arts plastiques
Centre national de la cinématographie
Institut national supérieur de formation et de recherche pour l'éducation des jeunes handicapés et les enseignements adaptés
Centre National d'Etudes et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF)
Ecole nationale supérieure de Sécurité Sociale
Centre national du livre
Centre national de documentation pédagogique
Centre national des œuvres universitaires et scolaires (CNOUS)
Centre national professionnel de la propriété forestière
Centre National de la Recherche Scientifique (C.N.R.S)
Centres d'éducation populaire et de sport (CREPS)
Centres régionaux des œuvres universitaires (CROUS)
Collège de France
Conservatoire de l'espace littoral et des rivages lacustres
Conservatoire National des Arts et Métiers
Conservatoire national supérieur de musique et de danse de Paris
Conservatoire national supérieur de musique et de danse de Lyon
Conservatoire national supérieur d'art dramatique
Ecole centrale de Lille
Ecole centrale de Lyon
École centrale des arts et manufactures
École française d'archéologie d'Athènes
École française d'Extrême-Orient
École française de Rome
École des hautes études en sciences sociales
Ecole du Louvre
École nationale d'administration
École nationale de l'aviation civile (ENAC)
École nationale des Chartes
École nationale d'équitation
Ecole Nationale du Génie de l'Eau et de l'environnement de Strasbourg
Écoles nationales d'ingénieurs
Ecole nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes
Écoles nationales d'ingénieurs des travaux agricoles
École nationale de la magistrature
Écoles nationales de la marine marchande
École nationale de la santé publique (ENSP)
École nationale de ski et d'alpinisme
École nationale supérieure des arts décoratifs
École nationale supérieure des arts et industries textiles Roubaix
Ecole nationale supérieure des arts et techniques du théâtre
Écoles nationales supérieures d'arts et métiers
École nationale supérieure des beaux-arts
École nationale supérieure de céramique industrielle
École nationale supérieure de l'électronique et de ses applications (ENSEA)
Ecole Nationale Supérieure des Sciences de l'information et des bibliothécaires
Écoles nationales vétérinaires
École nationale de voile
Écoles normales supérieures
École polytechnique
École de viticulture — Avize (Marne)
Etablissement national d'enseignement agronomique de Dijon
Établissement national des invalides de la marine (ENIM)
Établissement national de bienfaisance Koenigswarter
Fondation Carnegie
Fondation Singer-Polignac
Haras nationaux
Hôpital national de Saint-Maurice
Institut français d'archéologie orientale du Caire
Institut géographique national
Institut National des Appellations d'origine
Institut national des hautes études de sécurité
Institut de veille sanitaire
Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes
Institut National d'Etudes Démographiques (I.N.E.D)
Institut National d'Horticulture
Institut National de la jeunesse et de l'éducation populaire
Institut national des jeunes aveugles — Paris
Institut national des jeunes sourds — Bordeaux
Institut national des jeunes sourds — Chambéry
Institut national des jeunes sourds — Metz
Institut national des jeunes sourds — Paris
Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P)
Institut national de la propriété industrielle
Institut National de la Recherche Agronomique (I.N.R.A)
Institut National de la Recherche Pédagogique (I.N.R.P)
Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M)
Institut national d'histoire de l'art (I.N.H.A.)
Institut National des Sciences de l'Univers
Institut National des Sports et de l'Education Physique
Instituts nationaux polytechniques
Instituts nationaux des sciences appliquées
Institut national de recherche en informatique et en automatique (INRIA)
Institut national de recherche sur les transports et leur sécurité (INRETS)
Institut de Recherche pour le Développement
Instituts régionaux d'administration
Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech)
Institut supérieur de mécanique de Paris
Institut Universitaires de Formation des Maîtres
Musée de l'armée
Musée Gustave-Moreau
Musée du Louvre
Musée du Quai Branly
Musée national de la marine
Musée national J.-J.-Henner
Musée national de la Légion d'honneur
Musée de la Poste
Muséum National d'Histoire Naturelle
Musée Auguste-Rodin
Observatoire de Paris
Office français de protection des réfugiés et apatrides
Office National des Anciens Combattants et des Victimes de Guerre (ONAC)
Office national de la chasse et de la faune sauvage
Office National de l'eau et des milieux aquatiques
Office national d'information sur les enseignements et les professions (ONISEP)
Office universitaire et culturel français pour l'Algérie
Palais de la découverte
Parcs nationaux
Universités
3.   
Institutions, autorités et juridictions indépendantes
Présidence de la République
Assemblée Nationale
Sénat
Conseil constitutionnel
Conseil économique et social
Conseil supérieur de la magistrature
Agence française contre le dopage
Autorité de contrôle des assurances et des mutuelles
Autorité de contrôle des nuisances sonores aéroportuaires
Autorité de régulation des communications électroniques et des postes
Autorité de sûreté nucléaire
Comité national d'évaluation des établissements publics à caractère scientifique, culturel et professionnel
Commission d'accès aux documents administratifs
Commission consultative du secret de la défense nationale
Commission nationale des comptes de campagne et des financements politiques
Commission nationale de contrôle des interceptions de sécurité
Commission nationale de déontologie de la sécurité
Commission nationale du débat public
Commission nationale de l'informatique et des libertés
Commission des participations et des transferts
Commission de régulation de l'énergie
Commission de la sécurité des consommateurs
Commission des sondages
Commission de la transparence financière de la vie politique
Conseil de la concurrence
Conseil supérieur de l'audiovisuel
Défenseur des enfants
Haute autorité de lutte contre les discriminations et pour l'égalité
Haute autorité de santé
Médiateur de la République
Cour de justice de la République
Tribunal des Conflits
Conseil d'Etat
Cours administratives d'appel
Tribunaux administratifs
Cour des Comptes
Chambres régionales des Comptes
Cours et tribunaux de l'ordre judiciaire (Cour de Cassation, Cours d'Appel, Tribunaux d'instance et Tribunaux de grande instance)
4.   
Autre organisme public national
Union des groupements d'achats publics (UGAP)
Agence Nationale pour l'emploi (A.N.P.E)
Autorité indépendante des marchés financiers
Caisse Nationale des Allocations Familiales (CNAF)
Caisse Nationale d'Assurance Maladie des Travailleurs Salariés (CNAMS)
Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salariés (CNAVTS)
CROATIA
Hrvatski sabor (Croatian Parliament)
Predsjednik Republike Hrvatske (President of the Republic of Croatia)
Ured predsjednika Republike Hrvatske (Office of the President of the Republic of Croatia)
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)
Vlada Republike Hrvatske (Government of the of the Republic of Croatia)
uredi Vlade Republike Hrvatske (Offices of the Government of the Republic of Croatia)
Ministarstvo gospodarstva (Ministry of Economy)
Ministarstvo regionalnoga razvoja i fondova Europske unije (Ministry of Regional Development and EU Funds)
Ministarstvo financija (Ministry of Finance)
Ministarstvo obrane (Ministry of Defence)
Ministarstvo vanjskih i europskih poslova (Ministry of Foreign and European Affairs)
Ministarstvo unutarnjih poslova (Ministry of the Interior)
Ministarstvo pravosuđa (Ministry of Justice)
Ministarstvo uprave (Ministry of Public Administration)
Ministarstvo poduzetništva i obrta (Ministry of Entrepreneurship and Crafts)
Ministarstvo rada i mirovinskog sustava (Ministry of Labour and Pension System)
Ministarstvo pomorstva, prometa i infrastrukture (Ministry of Maritime Affairs, Transport and Infrastructure)
Ministarstvo poljoprivrede (Ministry of Agriculture)
Ministarstvo turizma (Ministry of Tourism)
Ministarstvo zaštite okoliša i prirode (Ministry of Environmental and Nature Protection)
Ministarstvo graditeljstva i prostornoga uređenja (Ministry of Construction and Physical Planning)
Ministarstvo branitelja (Ministry of Veterans' Affairs)
Ministarstvo socijalne politike i mladih (Ministry of Social Policy and Youth)
Ministarstvo zdravlja (Ministry of Health)
Ministarstvo znanosti, obrazovanja i sporta (Ministry of Science, Education and Sports)
Ministarstvo kulture (Ministry of Culture)
državne upravne organizacije (State administrative organisations)
uredi državne uprave u županijama (County state administration offices)
Ustavni sud Republike Hrvatske (Constitutional Court of the Republic of Croatia)
Vrhovni sud Republike Hrvatske (Supreme Court of the Republic of Croatia)
sudovi (Courts)
Državno sudbeno vijeće (State Judiciary Council)
državna odvjetništva (State attorney's offices)
Državnoodvjetničko vijeće (State Prosecutor's Council)
pravobraniteljstva (Ombudsman's offices)
Državna komisija za kontrolu postupaka javne nabave (State Commission for the Supervision of Public Procurement Procedures)
Hrvatska narodna banka (Croatian National Bank)
državne agencije i uredi (State agencies and offices)
Državni ured za reviziju (State Audit Office)
IRELAND
1.
President's Establishment
2.
Houses of the Oireachtas — [Parliament]
3.
Department of the Taoiseach — [Prime Minister]
4.
Central Statistics Office
5.
Department of Finance
6.
Office of the Comptroller and Auditor General
7.
Office of the Revenue Commissioners
8.
Office of Public Works
9.
State Laboratory
10.
Office of the Attorney General
11.
Office of the Director of Public Prosecutions
12.
Valuation Office
13.
Commission for Public Service Appointments
14.
Office of the Ombudsman
15.
Chief State Solicitor's Office
16.
Department of Justice, Equality and Law Reform
17.
Courts Service
18.
Prisons Service
19.
Office of the Commissioners of Charitable Donations and Bequests
20.
Department of the Environment, Heritage and Local Government
21.
Department of Education and Science
22.
Department of Communications, Energy and Natural Resources
23.
Department of Agriculture, Fisheries and Food
24.
Department of Transport
25.
Department of Health and Children
26.
Department of Enterprise, Trade and Employment
27.
Department of Arts, Sports and Tourism
28.
Department of Defence
29.
Department of Foreign Affairs
30.
Department of Social and Family Affairs
31.
Department of Community, Rural and Gaeltacht — [Gaelic speaking regions] Affairs
32.
Arts Council
33.
National Gallery
ITALY
I.   
Purchasing bodies:
1.
Presidenza del Consiglio dei Ministri (Presidency of the Council of Ministers)
2.
Ministero degli Affari Esteri (Ministry of Foreign Affairs)
3.
Ministero dell'Interno (Ministry of Interior)
4.
Ministero della Giustizia e Uffici giudiziari (esclusi i giudici di pace) (Ministry of Justice and the Judicial Offices (other than the 
giudici di pace
)
5.
Ministero della Difesa (Ministry of Defence)
6.
Ministero dell'Economia e delle Finanze (Ministry of Economy and Finance)
7.
Ministero dello Sviluppo Economico (Ministry of Economic Development)
8.
Ministero del Commercio internazionale (Ministry of International Trade)
9.
Ministero delle Comunicazioni (Ministry of Communications)
10.
Ministero delle Politiche Agricole e Forestali (Ministry of Agriculture and Forest Policies)
11.
Ministero dell'Ambiente e Tutela del Territorio e del Mare (Ministry of Environment, Land and Sea)
12.
Ministero delle Infrastrutture (Ministry of Infrastructure)
13.
Ministero dei Trasporti (Ministry of Transport)
14.
Ministero del Lavoro e delle politiche sociali e della Previdenza sociale (Ministry of Labour, Social Policy and Social Security)
15.
Ministero della Solidarietà sociale (Ministry of Social Solidarity)
16.
Ministero della Salute (Ministry of Health)
17.
Ministero dell' Istruzione dell' università e della ricerca (Ministry of Education, University and Research)
18.
Ministero per i Beni e le Attività culturali comprensivo delle sue articolazioni periferiche (Ministry of Heritage and Culture, including its subordinated entities)
II.   
Other National public bodies:
CONSIP (Concessionaria Servizi Informatici Pubblici) 
(
2
)
CYPRUS
1.
(a)
Προεδρία και Προεδρικό Μέγαρο (Presidency and Presidential Palace)
(b)
Γραφείο Συντονιστή Εναρμόνισης (Office of the Coordinator for Harmonisation)
2.
Υπουργικό Συμβούλιο (Council of Ministers)
3.
Βουλή των Αντιπροσώπων (House of Representatives)
4.
Δικαστική Υπηρεσία (Judicial Service)
5.
Νομική Υπηρεσία της Δημοκρατίας (Law Office of the Republic)
6.
Ελεγκτική Υπηρεσία της Δημοκρατίας (Audit Office of the Republic)
7.
Επιτροπή Δημόσιας Υπηρεσίας (Public Service Commission)
8.
Επιτροπή Εκπαιδευτικής Υπηρεσίας (Educational Service Commission)
9.
Γραφείο Επιτρόπου Διοικήσεως (Office of the Commissioner for Administration (Ombudsman))
10.
Επιτροπή Προστασίας Ανταγωνισμού (Commission for the Protection of Competition)
11.
Υπηρεσία Εσωτερικού Ελέγχου (Internal Audit Service)
12.
Γραφείο Προγραμματισμού (Planning Bureau)
13.
Γενικό Λογιστήριο της Δημοκρατίας (Treasury of the Republic)
14.
Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Office of the Personal Character Data Protection Commissioner)
15.
Γραφείο Εφόρου Δημοσίων Ενισχύσεων (Office of the Commissioner for the Public Aid)
16.
Αναθεωρητική Αρχή Προσφορών (Tender Review Body)
17.
Υπηρεσία Εποπτείας και Ανάπτυξης Συνεργατικών Εταιρειών (Cooperative Societies' Supervision and Development Authority)
18.
Αναθεωρητική Αρχή Προσφύγων (Refugees' Review Body)
19.
Υπουργείο Άμυνας (Ministry of Defence)
20.
(a)
Υπουργείο Γεωργίας, Φυσικών Πόρων και Περιβάλλοντος (Ministry of Agriculture, Natural Resources and Environment)
(b)
Τμήμα Γεωργίας (Department of Agriculture)
(c)
Κτηνιατρικές Υπηρεσίες (Veterinary Services)
(d)
Τμήμα Δασών (Forest Department)
(e)
Τμήμα Αναπτύξεως Υδάτων (Water Development Department)
(f)
Τμήμα Γεωλογικής Επισκόπησης (Geological Survey Department)
(g)
Μετεωρολογική Υπηρεσία (Meteorological Service)
(h)
Τμήμα Αναδασμού (Land Consolidation Department)
(i)
Υπηρεσία Μεταλλείων (Mines Service)
(j)
Ινστιτούτο Γεωργικών Ερευνών (Agricultural Research Institute)
(k)
Τμήμα Αλιείας και Θαλάσσιων Ερευνών (Department of Fisheries and Marine Research)
21.
(a)
Υπουργείο Δικαιοσύνης και Δημοσίας Τάξεως (Ministry of Justice and Public Order)
(b)
Αστυνομία (Police)
(c)
Πυροσβεστική Υπηρεσία Κύπρου (Cyprus Fire Service)
(d)
Τμήμα Φυλακών (Prison Department)
22.
(a)
Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού (Ministry of Commerce, Industry and Tourism)
(b)
Τμήμα Εφόρου Εταιρειών και Επίσημου Παραλήπτη (Department of Registrar of Companies and Official Receiver)
23.
(a)
Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων (Ministry of Labour and Social Insurance)
(b)
Τμήμα Εργασίας (Department of Labour)
(c)
Τμήμα Κοινωνικών Ασφαλίσεων (Department of Social Insurance)
(d)
Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας (Department of Social Welfare Services)
(e)
Κέντρο Παραγωγικότητας Κύπρου (Productivity Centre Cyprus)
(f)
Ανώτερο Ξενοδοχειακό Ινστιτούτο Κύπρου (Higher Hotel Institute Cyprus)
(g)
Ανώτερο Τεχνολογικό Ινστιτούτο (Higher Τechnical Institute)
(h)
Τμήμα Επιθεώρησης Εργασίας (Department of Labour Inspection)
(i)
Τμήμα Εργασιακών Σχέσεων (Depertment of Labour Relations)
24.
(a)
Υπουργείο Εσωτερικών (Ministry of the Interior)
(b)
Επαρχιακές Διοικήσεις (District Administrations)
(c)
Τμήμα Πολεοδομίας και Οικήσεως (Town Planning and Housing Department)
(d)
Τμήμα Αρχείου Πληθυσμού και Μεταναστεύσεως (Civil Registry and Migration Department)
(e)
Τμήμα Κτηματολογίου και Χωρομετρίας (Department of Lands and Surveys)
(f)
Γραφείο Τύπου και Πληροφοριών (Press and Information Office)
(g)
Πολιτική Άμυνα (Civil Defence)
(h)
Υπηρεσία Μέριμνας και Αποκαταστάσεων Εκτοπισθέντων (Service for the care and rehabilitation of displaced persons)
(i)
Υπηρεσία Ασύλου (Asylum Service)
25.
Υπουργείο Εξωτερικών (Ministry of Foreign Affairs)
26.
(a)
Υπουργείο Οικονομικών (Ministry of Finance)
(b)
Τελωνεία (Customs and Excise)
(c)
Τμήμα Εσωτερικών Προσόδων (Department of Inland Revenue)
(d)
Στατιστική Υπηρεσία (Statistical Service)
(e)
Τμήμα Κρατικών Αγορών και Προμηθειών (Department of Government Purchasing and Supply)
(f)
Τμήμα Δημόσιας Διοίκησης και Προσωπικού (Public Administration and Personnel Department)
(g)
Κυβερνητικό Τυπογραφείο (Government Printing Office)
(h)
Τμήμα Υπηρεσιών Πληροφορικής (Department of Information Technology Services)
27.
Υπουργείο Παιδείας και Πολιτισμού (Ministry of Εducation and Culture)
28.
(a)
Υπουργείο Συγκοινωνιών και Έργων (Ministry of Communications and Works)
(b)
Τμήμα Δημοσίων Έργων (Department of Public Works)
(c)
Τμήμα Αρχαιοτήτων (Department of Antiquities)
(d)
Τμήμα Πολιτικής Αεροπορίας (Department of Civil Aviation)
(e)
Τμήμα Εμπορικής Ναυτιλίας (Department of Merchant Shipping)
(f)
Τμήμα Ταχυδρομικών Υπηρεσιών (Postal Services Department)
(g)
Τμήμα Οδικών Μεταφορών (Department of Road Transport)
(h)
Τμήμα Ηλεκτρομηχανολογικών Υπηρεσιών (Department of Electrical and Mechanical Services)
(i)
Τμήμα Ηλεκτρονικών Επικοινωνιών (Department of Electronic Telecommunications)
29.
(a)
Υπουργείο Υγείας (Ministry of Health)
(b)
Φαρμακευτικές Υπηρεσίες (Pharmaceutical Services)
(c)
Γενικό Χημείο (General Laboratory)
(d)
Ιατρικές Υπηρεσίες και Υπηρεσίες Δημόσιας Υγείας (Medical and Public Health Services)
(e)
Οδοντιατρικές Υπηρεσίες (Dental Services)
(f)
Υπηρεσίες Ψυχικής Υγείας (Mental Health Services)
LATVIA
A)   
Ministrijas, īpašu uzdevumu ministru sekretariāti un to padotībā esošās iestādes (Ministries, secretariats of ministers for special assignments, and their subordinate institutions):
1.
Aizsardzības ministrija un tās padotībā esošās iestādes (Ministry of Defence and subordinate institutions)
2.
Ārlietu ministrija un tas padotībā esošās iestādes (Ministry of Foreign Affairs and subordinate institutions)
3.
Ekonomikas ministrija un tās padotībā esošās iestādes (Ministry of Economics and subordinate institutions)
4.
Finanšu ministrija un tās padotībā esošās iestādes (Ministry of Finance and subordinate institutions)
5.
Iekšlietu ministrija un tās padotībā esošās iestādes (Ministry of the Interior Affairs and subordinate institutions)
6.
Izglītības un zinātnes ministrija un tās padotībā esošās iestādes (Ministry of Education and Science and subordinate institutions)
7.
Kultūras ministrija un tas padotībā esošās iestādes (Ministry of Culture and subordinate institutions)
8.
Labklājības ministrija un tās padotībā esošās iestādes (Ministry of Welfare and subordinate institutions)
9.
Satiksmes ministrija un tās padotībā esošās iestādes (Ministry of Transport and subordinate institutions)
10.
Tieslietu ministrija un tās padotībā esošās iestādes (Ministry of Justice and subordinate institutions)
11.
Veselības ministrija un tās padotībā esošās iestādes (Ministry of Health and subordinate institutions)
12.
Vides aizsardzības un reģionālās attīstības ministrija un tās padotībā esošās iestādes (Ministry of Environmental Protection and Regional Development and subordinate institutions)
13.
Zemkopības ministrija un tās padotībā esošās iestādes (Ministry of Agriculture and subordinate institutions)
14.
Īpašu uzdevumu ministra sekretariāti un to padotībā esošās iestādes (Ministries for Special Assignments and subordinate institutions)
B)   
Citas valsts iestādes (Other state institutions):
1.
Augstākā tiesa (Supreme Court)
2.
Centrālā vēlēšanu komisija (Central Election Commission)
3.
Finanšu un kapitāla tirgus komisija (Financial and Capital Market Commission)
4.
Latvijas Banka (Bank of Latvia)
5.
Prokuratūra un tās pārraudzībā esošās iestādes (Prosecutor's Office and institutions under its supervision)
6.
Saeima un tās padotībā esošās iestādes (The Parliament and subordinate institutions)
7.
Satversmes tiesa (Constitutional Court)
8.
Valsts kanceleja un tās pārraudzībā esošās iestādes (State Chancellery and institutions under its supervision)
9.
Valsts kontrole (State Audit Office)
10.
Valsts prezidenta kanceleja (Chancellery of the State President)
11.
Citas valsts iestādes, kuras nav ministriju padotībā (Other state institutions not subordinate to ministries):
—
Tiesībsarga birojs (Office of the Ombudsman)
—
Nacionālā radio un televīzijas padome (National Broadcasting Council)
Other state institutions
LITHUANIA
Prezidentūros kanceliarija (Office of the President)
Seimo kanceliarija (Office of the Seimas)
Seimui atskaitingos institucijos: (Institutions Accountable to the Seimas)
Lietuvos mokslo taryba (Science Council)
Seimo kontrolierių įstaiga (The Seimas Ombudsmen's Office)
Valstybės kontrolė (National Audit Office)
Specialiųjų tyrimų tarnyba (Special Investigation Service)
Valstybės saugumo departamentas (State Security Department)
Konkurencijos taryba (Competition Council)
Lietuvos gyventojų genocido ir rezistencijos tyrimo centras (Genocide and Resistance Research Centre)
Vertybinių popierių komisija (Lithuanian Securities Commission)
Ryšių reguliavimo tarnyba (Communications Regulatory Authority)
Nacionalinė sveikatos taryba (National Health Board)
Etninės kultūros globos taryba (Council for the Protection of Ethnic Culture)
Lygių galimybių kontrolieriaus tarnyba (Office of Equal Opportunities Ombudsperson)
Valstybinė kultūros paveldo komisija (National Cultural Heritage Commission)
Vaiko teisių apsaugos kontrolieriaus įstaiga (Children's Rights Ombudsman Institution)
Valstybinė kainų ir energetikos kontrolės komisija (State Price Regulation Commission of Energy Resources)
Valstybinė lietuvių kalbos komisija (State Commission of the Lithuanian Language)
Vyriausioji rinkimų komisija (Central Electoral Committee)
Vyriausioji tarnybinės etikos komisija (Chief Commission of Official Ethics)
Žurnalistų etikos inspektoriaus tarnyba (Office of the Inspector of Journalists' Ethics)
Vyriausybės kanceliarija (Office of the Government)
Vyriausybei atskaitingos institucijos (Institutions Accountable to the Government)
Ginklų fondas (Weaponry Fund)
Informacinės visuomenės plėtros komitetas (Information Society Development Committee)
Kūno kultūros ir sporto departamentas (Department of Physical Education and Sports)
Lietuvos archyvų departamentas (Lithuanian Archives Department)
Mokestinių ginčų komisija (Commission on Tax Disputes)
Statistikos departamentas (Department of Statistics)
Tautinių mažumų ir išeivijos departamentas (Department of National Minorities and Lithuanians Living Abroad)
Valstybinė tabako ir alkoholio kontrolės tarnyba (State Tobacco and Alcohol Control Service)
Viešųjų pirkimų tarnyba (Public Procurement Office)
Valstybinė atominės energetikos saugos inspekcija (State Nuclear Power Safety Inspectorate)
Valstybinė duomenų apsaugos inspekcija (State Data Protection Inspectorate)
Valstybinė lošimų priežiūros komisija (State Gaming Control Commission)
Valstybinė maisto ir veterinarijos tarnyba (State Food and Veterinary Service)
Vyriausioji administracinių ginčų komisija (Chief Administrative Disputes Commission)
Draudimo priežiūros komisija (Insurance Supervisory Commission)
Lietuvos valstybinis mokslo ir studijų fondas (Lithuanian State Science and Studies Foundation)
Konstitucinis Teismas (Constitutional Court)
Lietuvos bankas (Bank of Lithuania)
Aplinkos ministerija (Ministry of Environment)
Įstaigos prie Aplinkos ministerijos (Institutions under the Ministry of Environment)
Generalinė miškų urėdija (Directorate General of State Forests)
Lietuvos geologijos tarnyba (Geological Survey of Lithuania)
Lietuvos hidrometeorologijos tarnyba (Lithuanian Hydrometereological Service)
Lietuvos standartizacijos departamentas (Lithuanian Standards Board)
Nacionalinis akreditacijos biuras (Lithuanian National Accreditation Bureau)
Valstybinė metrologijos tarnyba (State Metrology Service)
Valstybinė saugomų teritorijų tarnyba (State Service for Protected Areas)
Valstybinė teritorijų planavimo ir statybos inspekcija (State Territory Planning and construction Inspectorate)
Finansų ministerija (Ministry of Finance)
Įstaigos prie Finansų ministerijos (Institutions under the Ministry of Finance)
Muitinės departamentas (Lithuania Customs)
Valstybės dokumentų technologinės apsaugos tarnyba (Service of Technological Security of State Documents)
Valstybinė mokesčių inspekcija (State Tax Inspectorate)
Finansų ministerijos mokymo centras (Training Centre of the Ministry of Finance)
Krašto apsaugos ministerija (Ministry of National Defence)
Įstaigos prie Krašto apsaugos ministerijos (Institutions under the Ministry of National Defence)
Antrasis operatyvinių tarnybų departamentas (Second Investigation Department)
Centralizuota finansų ir turto tarnyba (Centralised Finance and Property Service)
Karo prievolės administravimo tarnyba (Military Enrolment Administration Service)
Krašto apsaugos archyvas (National Defence Archives Service)
Krizių valdymo centras (Crisis Management Centre)
Mobilizacijos departamentas (Mobilisation Department)
Ryšių ir informacinių sistemų tarnyba (Communication and Information Systems Service)
Infrastruktūros plėtros departamentas (Infrastructure Development Department)
Valstybinis pilietinio pasipriešinimo rengimo centras (Civil Resistance Centre)
Lietuvos kariuomenė (Lithuanian Armed Forces)
Krašto apsaugos sistemos kariniai vienetai ir tarnybos (Military Units and Services of the National Defence System)
Kultūros ministerija (Ministry of Culture)
Įstaigos prie Kultūros ministerijos (Institutions under the Ministry of Culture)
Kultūros paveldo departamentas (Department for the Lithuanian Cultural Heritage)
Valstybinė kalbos inspekcija (State Language Commission)
Socialinės apsaugos ir darbo ministerija (Ministry of Social Security and Labour)
Įstaigos prie Socialinės apsaugos ir darbo ministerijos (Institutions under the Ministry of Social Security and Labour)
Garantinio fondo administracija (Administration of Guarantee Fund)
Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba (State Child Rights Protection and Adoption Service)
Lietuvos darbo birža (Lithuanian Labour Exchange)
Lietuvos darbo rinkos mokymo tarnyba (Lithuanian Labour Market Training Authority)
Trišalės tarybos sekretoriatas (Tripartite Council Secretoriat)
Socialinių paslaugų priežiūros departamentas (Social Services Monitoring Department)
Darbo inspekcija (Labour Inspectorate)
Valstybinio socialinio draudimo fondo valdyba (State Social Insturance Fund Board)
Neįgalumo ir darbingumo nustatymo tarnyba (Disability and Working Capacity Establishment Service)
Ginčų komisija (Disputes Commission)
Techninės pagalbos neįgaliesiems centras (State Centre of Compensatory Technique for the Disabled)
Neįgaliųjų reikalų departamentas (Department of the Affairs of the Disabled)
Susisiekimo ministerija (Ministry of Transport and Communications)
Įstaigos prie Susisiekimo ministerijos (Institutions under the Ministry of Transport and Communications)
Lietuvos automobilių kelių direkcija (Lithuanian Road Administration)
Valstybinė geležinkelio inspekcija (State Railway Inspectorate)
Valstybinė kelių transporto inspekcija (State Road Transport Inspectorate)
Pasienio kontrolės punktų direkcija (Border Control Points Directorate)
Sveikatos apsaugos ministerija (Ministry of Health)
Įstaigos prie Sveikatos apsaugos ministerijos (Institutions under the Ministry of Health)
Valstybinė akreditavimo sveikatos priežiūros veiklai tarnyba (State Health Care Accreditation Agency)
Valstybinė ligonių kasa (State Patient Fund)
Valstybinė medicininio audito inspekcija (State Medical Audit Inspectorate)
Valstybinė vaistų kontrolės tarnyba (State Medicines Control Agency)
Valstybinė teismo psichiatrijos ir narkologijos tarnyba (Lithuanian Forensic Psychiatry and Narcology Service)
Valstybinė visuomenės sveikatos priežiūros tarnyba (State Public Health Service)
Farmacijos departamentas (Department of Pharmacy)
Sveikatos apsaugos ministerijos Ekstremalių sveikatai situacijų centras (Health Emergency Centre of the Ministry of Health)
Lietuvos bioetikos komitetas (Lithuanian Bioethics Committee)
Radiacinės saugos centras (Radiation Protection Centre)
Švietimo ir mokslo ministerija (Ministry of Education and Science)
Įstaigos prie Švietimo ir mokslo ministerijos (Institutions under the Ministry of Education and Science)
Nacionalinis egzaminų centras (National Examination Centre)
Studijų kokybės vertinimo centras (Centre for Quality Assessment in Higher Education)
Teisingumo ministerija (Ministry of Justice)
Įstaigos prie Teisingumo ministerijos (Institutions under the Ministry of Justice)
Kalėjimų departamentas (Department of Imprisonment Establishments)
Nacionalinė vartotojų teisių apsaugos taryba (National Consumer Rights Protection Board)
Europos teisės departamentas (European Law Department)
Ūkio ministerija (Ministry of Economy)
Įstaigos prie Ūkio ministerijos (Institutions under the Ministry of Economy)
Įmonių bankroto valdymo departamentas (Enterprise Bankruptcy Management Department)
Valstybinė energetikos inspekcija (State Energy Inspectorate)
Valstybinė ne maisto produktų inspekcija (State Non Food Products Inspectorate)
Valstybinis turizmo departamentas (Lithuanian State Department of Tourism)
Užsienio reikalų ministerija (Ministry of Foreign Affairs)
Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių organizacijų (Diplomatic Missions and Consular as well as Representations to International Organisations)
Vidaus reikalų ministerija (Ministry of the Interior)
Įstaigos prie Vidaus reikalų ministerijos (Institutions under the Ministry of the Interior)
Asmens dokumentų išrašymo centras (Personalisation of Identity Documents Centre)
Finansinių nusikaltimų tyrimo tarnyba (Financial Crime Investigation Service)
Gyventojų registro tarnyba (Residents' Register Service)
Policijos departamentas (Police Department)
Priešgaisrinės apsaugos ir gelbėjimo departamentas (Fire-Prevention and Rescue Department)
Turto valdymo ir ūkio departamentas (Property Management and Economics Department)
Vadovybės apsaugos departamentas (VIP Protection Department)
Valstybės sienos apsaugos tarnyba (State Border Guard Department)
Valstybės tarnybos departamentas (Civil Service Department)
Informatikos ir ryšių departamentas (IT and Communications Department)
Migracijos departamentas (Migration Department)
Sveikatos priežiūros tarnyba (Health Care Department)
Bendrasis pagalbos centras (Emergency Response Centre)
Žemės ūkio ministerija (Ministry of Agriculture)
Įstaigos prie Žemės ūkio ministerijos (Institutions under the Ministry of Agriculture)
Nacionalinė mokėjimo agentūra (National Paying Agency)
Nacionalinė žemės tarnyba (National Land Service)
Valstybinė augalų apsaugos tarnyba (State Plant Protection Service)
Valstybinė gyvulių veislininkystės priežiūros tarnyba (State Animal Breeding Supervision Service)
Valstybinė sėklų ir grūdų tarnyba (State Seed and Grain Service)
Žuvininkystės departamentas (Fisheries Department)
Teismai (Courts)
Lietuvos Aukščiausiasis Teismas (The Supreme Court of Lithuania)
Lietuvos apeliacinis teismas (The Court of Appeal of Lithuania)
Lietuvos vyriausiasis administracinis teismas (The Supreme Administrative Court of Lithuania);
Apygardų teismai (County courts)
Apygardų administraciniai teismai (County administrative courts)
Apylinkių teismai (District courts)
Nacionalinė teismų administracija (National Courts Administration)
Generalinė prokuratūra (The Prosecutor's Office)
Kiti centriniai valstybinio administravimo subjektai (institucijos, įstaigos, tarnybos) (Other Central Public Administration Entities (institutions, establishments, agencies)
—
Muitinės kriminalinė tarnyba (Customs Criminal Service)
—
Muitinės informacinių sistemų centras (Customs Information Systems Centre)
—
Muitinės laboratorija (Customs Laboratory)
—
Muitinės mokymo centras (Customs Training Centre)
LUXEMBOURG
1.
Ministère d'Etat
2.
Ministère des Affaires Etrangères et de l'Immigration
Ministère des Affaires Etrangères et de l'Immigration: Direction de la Défense (Armée)
3.
Ministère de l'Agriculture, de la Viticulture et du Développement Rural
Ministère de l'Agriculture, de la Viticulture et du Développement Rural: Administration des Services Techniques de l'Agriculture
4.
Ministère des Classes moyennes, du Tourisme et du Logement
5.
Ministère de la Culture, de l'Enseignement Supérieur et de la Recherche
6.
Ministère de l'Economie et du Commerce extérieur
7.
Ministère de l'Education nationale et de la Formation professionnelle
Ministère de l'Education nationale et de la Formation professionnelle: Lycée d'Enseignement Secondaire et d'Enseignement Secondaire Technique
8.
Ministère de l'Egalité des chances
9.
Ministère de l'Environnement
Ministère de l'Environnement: Administration de l'Environnement
10.
Ministère de la Famille et de l'Intégration
Ministère de la Famille et de l'Intégration: Maisons de retraite
11.
Ministère des Finances
12.
Ministère de la Fonction publique et de la Réforme administrative
Ministère de la Fonction publique et de la Réforme administrative: Service Central des Imprimés et des Fournitures de l'Etat — Centre des Technologies de l'informatique de l'Etat
13.
Ministère de l'Intérieur et de l'Aménagement du territoire
Ministère de l'Intérieur et de l'Aménagement du territoire: Police Grand-Ducale Luxembourg — Inspection générale de Police
14.
Ministère de la Justice
Ministère de la Justice: Etablissements Pénitentiaires
15.
Ministère de la Santé
Ministère de la Santé: Centre hospitalier neuropsychiatrique
16.
Ministère de la Sécurité sociale
17.
Ministère des Transports
18.
Ministère du Travail et de l'Emploi
19.
Ministère des Travaux publics
Ministère des Travaux publics: Bâtiments Publics — Ponts et Chaussées
HUNGARY
Nemzeti Erőforrás Minisztérium (Ministry of National Resources)
Vidékfejlesztési Minisztérium (Ministry of Rural Development)
Nemzeti Fejlesztési Minisztérium (Ministry of National Development)
Honvédelmi Minisztérium (Ministry of Defence)
Közigazgatási és Igazságügyi Minisztérium (Ministry of Public Administration and Justice)
Nemzetgazdasági Minisztérium (Ministry for National Economy)
Külügyminisztérium (Ministry of Foreign Affairs)
Miniszterelnöki Hivatal (Prime Minister's Office)
Belügyminisztérium (Ministry of Internal Affairs)
Központi Szolgáltatási Főigazgatóság (Central Services Directorate)
MALTA
1.
Uffiċċju tal-Prim Ministru (Office of the Prime Minister)
2.
Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity)
3.
Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and Employment)
4.
Ministeru tal-Finanzi (Ministry of Finance)
5.
Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure)
6.
Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture)
7.
Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs)
8.
Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment)
9.
Ministeru għal Għawdex (Ministry for Gozo)
10.
Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care)
11.
Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs)
12.
Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information Technology)
13.
Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and Communications)
14.
Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads)
15.
L-Uffiċċju tal-President (Office of the President)
16.
Uffiċċju ta' l-iskrivan tal-Kamra tad-Deputati (Office of the Clerk of the House of Representatives)
THE NETHERLANDS
MINISTERIE VAN ALGEMENE ZAKEN — (MINISTRY OF GENERAL AFFAIRS)
—
Bestuursdepartement — (Central policy and staff departments)
—
Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid — (Advisory Council on Government Policy)
—
Rijksvoorlichtingsdienst: — (The Netherlands Government Information Service)
MINISTERIE VAN BINNENLANDSE ZAKEN EN KONINKRIJKSRELATIES — (MINISTRY OF THE INTERIOR)
—
Bestuursdepartement — (Central policy and staff departments)
—
Centrale Archiefselectiedienst (CAS) — (Central Records Selection Service)
—
Algemene Inlichtingen- en Veiligheidsdienst (AIVD) — (General Intelligence and Security Service)
—
Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR) — (Personnel Records and Travel Documents Agency)
—
Agentschap Korps Landelijke Politiediensten — (National Police Services Agency)
MINISTERIE VAN BUITENLANDSE ZAKEN — (MINISTRY OF FOREIGN AFFAIRS)
—
Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC) — (Directorate-general for Regional Policy and Consular Affairs)
—
Directoraat-generaal Politieke Zaken (DGPZ) — (Directorate-general for Political Affairs)
—
Directoraat-generaal Internationale Samenwerking (DGIS) — (Directorate-general for International Cooperation)
—
Directoraat-generaal Europese Samenwerking (DGES) — (Directorate-general for European Cooperation)
—
Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) — (Centre for the Promotion of Imports from Developing Countries)
—
Centrale diensten ressorterend onder S/PlvS — (Support services falling under the Secretary-general and Deputy Secretary-general)
—
Buitenlandse Posten (ieder afzonderlijk) — (the various Foreign Missions)
MINISTERIE VAN DEFENSIE — (MINISTRY OF DEFENCE)
—
Bestuursdepartement — (Central policy and staff departments)
—
Commando Diensten Centra (CDC) — (Support Command)
—
Defensie Telematica Organisatie (DTO) — (Defence Telematics Organisation)
—
Centrale directie van de Defensie Vastgoed Dienst — (Defence Real Estate Service, Central Directorate)
—
De afzonderlijke regionale directies van de Defensie Vastgoed Dienst — (Defence Real Estate Service, Regional Directorates)
—
Defensie Materieel Organisatie (DMO) — (Defence Material Organisation)
—
Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie — (National Supply Agency of the Defence Material Organisation)
—
Logistiek Centrum van de Defensie Materieel Organisatie — (Logistic Centre of the Defence Material Organisation)
—
Marinebedrijf van de Defensie Materieel Organisatie — (Maintenance Establishment of the Defence Material Organisation)
—
Defensie Pijpleiding Organisatie (DPO) — (Defence Pipeline Organisation)
MINISTERIE VAN ECONOMISCHE ZAKEN — (MINISTRY OF ECONOMIC AFFAIRS)
—
Bestuursdepartement — (Central policy and staff departments)
—
Centraal Planbureau (CPB) — (Netherlands Bureau for Economic Policy Analyses)
—
Bureau voor de Industriële Eigendom (BIE) — (Industrial Property Office)
—
SenterNovem — (SenterNovem — Agency for sustainable innovation)
—
Staatstoezicht op de Mijnen (SodM) — (State Supervision of Mines)
—
Nederlandse Mededingingsautoriteit (NMa) — (Netherlands Competition Authority)
—
Economische Voorlichtingsdienst (EVD) — (Netherlands Foreign Trade Agency)
—
Agentschap Telecom — (Radiocommunications Agency)
—
Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voor Overheidsopdrachtgevers (PIANOo) — (Professional and innovative procurement, network for contracting authorities)
—
Regiebureau Inkoop Rijksoverheid — (Coordination of Central Government Purchasing)
—
Octrooicentrum Nederland — (Netherlands Patent Office)
—
Consumentenautoriteit — (Consumer Authority)
MINISTERIE VAN FINANCIËN — (MINISTRY OF FINANCE)
—
Bestuursdepartement — (Central policy and staff departments)
—
Belastingdienst Automatiseringscentrum — (Tax and Custom Computer and Software Centre)
—
Belastingdienst — (Tax and Customs Administration)
—
De afzonderlijke Directies der Rijksbelastingen — (the various Divisions of the Tax and Customs Administration throughout the Netherlands)
—
Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD) — (Fiscal Information and Investigation Service (the Economic Investigation Service included)
—
Belastingdienst Opleidingen — (Tax and Customs Training Centre)
—
Dienst der Domeinen — (State Property Service)
MINISTERIE VAN JUSTITIE — (MINISTRY OF JUSTICE)
—
Bestuursdepartement — (Central policy and staff departments)
—
Dienst Justitiële Inrichtingen — (Correctional Institutions Agency)
—
Raad voor de Kinderbescherming — (Child Care and Protection Agency)
—
Centraal Justitie Incasso Bureau — (Central Fine Collection Agency)
—
Openbaar Ministerie — (Public Prosecution Service)
—
Immigratie en Naturalisatiedienst — (Immigration and Naturalisation Service)
—
Nederlands Forensisch Instituut — (Netherlands Forensic Institute)
—
Dienst Terugkeer & Vertrek — (Repatriation and Departure Agency)
MINISTERIE VAN LANDBOUW, NATUUR EN VOEDSELKWALITEIT — (MINISTRY OF AGRICULTURE, NATURE AND FOOD QUALITY)
—
Bestuursdepartement — (Central policy and staff departments)
—
Dienst Regelingen (DR) — (National Service for the Implementation of Regulations (Agency))
—
Agentschap Plantenziektenkundige Dienst (PD) — (Plant Protection Service (Agency)
—
Algemene Inspectiedienst (AID) — (General Inspection Service)
—
Dienst Landelijk Gebied (DLG) — (Government Service for Sustainable Rural Development)
—
Voedsel en Waren Autoriteit (VWA) — (Food and Consumer Product Safety Authority)
MINISTERIE VAN ONDERWIJS, CULTUUR EN WETENSCHAPPEN — (MINISTRY OF EDUCATION, CULTURE AND SCIENCE)
—
Bestuursdepartement — (Central policy and staff departments)
—
Inspectie van het Onderwijs — (Inspectorate of Education)
—
Erfgoedinspectie — (Inspectorate of Heritage)
—
Centrale Financiën Instellingen — (Central Funding of Institutions Agency)
—
Nationaal Archief — (National Archives)
—
Adviesraad voor Wetenschaps- en Technologiebeleid — (Advisory Council for Science and Technology Policy)
—
Onderwijsraad — (Education Council)
—
Raad voor Cultuur — (Council for Culture)
MINISTERIE VAN SOCIALE ZAKEN EN WERKGELEGENHEID — (MINISTRY OF SOCIAL AFFAIRS AND EMPLOYMENT)
—
Bestuursdepartement — (Central policy and staff departments)
—
Inspectie Werk en Inkomen — (the Work and Income Inspectorate)
—
Agentschap SZW- (SZW Agency)
MINISTERIE VAN VERKEER EN WATERSTAAT — (MINISTRY OF TRANSPORT, PUBLIC WORKS AND WATERMANAGEMENT)
—
Bestuursdepartement — (Central policy and staff departments)
—
Directoraat-Generaal Transport en Luchtvaart — (Directorate-general for Transport and Civil Aviation)
—
Directoraat-generaal Personenvervoer — Directorate-general for Passenger Transport)
—
Directoraat-generaal Water — (Directorate-general of Water Affairs)
—
Centrale diensten — (Central Services)
—
Shared services Organisatie Verkeer en Watersaat — (Shared services Organisation Transport and Water management) (new organisation)
—
Koninklijk Nederlands Meteorologisch Instituut KNMI — (Royal Netherlands Meteorological Institute)
—
Rijkswaterstaat, Bestuur — (Public Works and Water Management, Board)
—
De afzonderlijke regionale Diensten van Rijkswaterstaat — (Each individual regional service of the Directorate-general of Public Works and Water Management)
—
De afzonderlijke specialistische diensten van Rijkswaterstaat — (Each individual specialist service of the Directorate-general of Public Works and Water Management)
—
Adviesdienst Geo-Informatie en ICT — (Advisory Council for Geo-information and ICT)
—
Adviesdienst Verkeer en Vervoer (AVV) — (Advisory Council for Traffic and Transport)
—
Bouwdienst — (Service for Construction)
—
Corporate Dienst — (Corporate Service)
—
Data ICT Dienst — (Service for Data and IT)
—
Dienst Verkeer en Scheepvaart — (Service for Traffic and Ship Transport)
—
Dienst Weg- en Waterbouwkunde (DWW) — (Service for Road and Hydraulic Engineering)
—
Rijksinstituut voor Kust en Zee (RIKZ) — (National Institute for Coastal and Marine Management)
—
Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA) — (National Institute for Sweet Water Management and Water Treatment)
—
Waterdienst — (Service for Water)
—
Inspectie Verkeer en Waterstaat, Hoofddirectie — (Inspectorate Transport and Water Management, Main Directorate)
—
Port state Control
—
Directie Toezichtontwikkeling Communicatie en Onderzoek (TCO) — (Directorate of Development of Supervision of Communication and Research)
—
Toezichthouder Beheer Eenheid Lucht — (Management Unit ‘Air’)
—
Toezichthouder Beheer Eenheid Water — (Management Unit ‘Water’)
—
Toezichthouder Beheer Eenheid Land — (Management Unit ‘Land’)
MINISTERIE VAN VOLKSHUISVESTING, RUIMTELIJKE ORDENING EN MILIEUBEHEER — (MINISTRY FOR HOUSING, SPATIAL PLANNING AND THE ENVIRONMENT)
—
Bestuursdepartement — (Central policy and staff departments)
—
Directoraat-generaal Wonen, Wijken en Integratie — (Directorate General for Housing, Communities and Integration)
—
Directoraat-generaal Ruimte — (Directorate General for Spatial Policy)
—
Directoraat-general Milieubeheer — (Directorate General for Environmental Protection)
—
Rijksgebouwendienst — (Government Buildings Agency)
—
VROM Inspectie — (Inspectorate)
MINISTERIE VAN VOLKSGEZONDHEID, WELZIJN EN SPORT — (MINISTRY OF HEALTH, WELFARE AND SPORTS)
—
Bestuursdepartement — (Central policy and staff departments)
—
Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken — (Inspectorate for Health Protection and Veterinary Public Health)
—
Inspectie Gezondheidszorg — (Health Care Inspectorate)
—
Inspectie Jeugdhulpverlening en Jeugdbescherming — (Youth Services and Youth Protection Inspectorate)
—
Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) — (National Institute of Public Health and Environment)
—
Sociaal en Cultureel Planbureau — (Social and Cultural Planning Office)
—
Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen — (Medicines Evaluation Board Agency)
TWEEDE KAMER DER STATEN-GENERAAL — (SECOND CHAMBER OF THE STATES GENERAL)
EERSTE KAMER DER STATEN-GENERAAL — (FIRST CHAMBER OF THE STATES GENERAL)
RAAD VAN STATE — (COUNCIL OF STATE)
ALGEMENE REKENKAMER — (NETHERLANDS COURT OF AUDIT)
NATIONALE OMBUDSMAN — (NATIONAL OMBUDSMAN)
KANSELARIJ DER NEDERLANDSE ORDEN — (CHANCELLERY OF THE NETHERLANDS ORDER)
KABINET DER KONINGIN — (QUEEN'S CABINET)
RAAD VOOR DE RECHTSPRAAK EN DE RECHTBANKEN — (JUDICIAL MANAGEMENT AND ADVISORY BOARD AND COURTS OF LAW)
AUSTRIA
A/   
Present coverage of entities
1.
Bundeskanzleramt (Federal Chancellery)
2.
Bundesministerium für europäische und internationale Angelegenheiten (Federal Ministry for european and international Affairs)
3.
Bundesministerium für Finanzen (Federal Ministry of Finance)
4.
Bundesministerium für Gesundheit (Federal Ministry of Health)
5.
Bundesministerium für Inneres (Federal Ministry of Interior)
6.
Bundesministerium für Justiz (Federal Ministry of Justice)
7.
Bundesministerium für Landesverteidigung und Sport (Federal Ministry of Defence and Sport)
8.
Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Federal Ministry for Agriculture and Forestry, the Environment and Water Management)
9.
Bundesministerium für Arbeit, Soziales und Konsumentenschutz (Federal Ministry for Employment, Social Affairs and Consumer Protection)
10.
Bundesministerium für Unterricht, Kunst und Kultur (Federal Ministry for Education, Art and Culture)
11.
Bundesministerium für Verkehr, Innovation und Technologie (Federal Ministry for Transport, Innovation and Technology)
12.
Bundesministerium für Wirtschaft, Familie und Jugend (Federal Ministry for Economic Affairs, Family and Youth)
13.
Bundesministerium für Wissenschaft und Forschung (Federal Ministry for Science and Research)
14.
Bundesamt für Eich- und Vermessungswesen (Federal Office for Calibration and Measurement)
15.
Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H (Austrian Research and Test Centre Arsenal Ltd)
16.
Bundesanstalt für Verkehr (Federal Institute for Traffic)
17.
Bundesbeschaffung G.m.b.H (Federal Procurement Ltd)
18.
Bundesrechenzentrum G.m.b.H (Federal Data Processing Centre Ltd)
B/   
All other central public authorities including their regional and local sub-divisions provided that they do not have an industrial or commercial character.
POLAND
1.
Kancelaria Prezydenta RP (Chancellery of the President)
2.
Kancelaria Sejmu RP (Chancellery of the Sejm)
3.
Kancelaria Senatu RP (Chancellery of the Senate)
4.
Kancelaria Prezesa Rady Ministrów (Chancellery of the Prime Minister)
5.
Sąd Najwyższy (Supreme Court)
6.
Naczelny Sąd Administracyjny (Supreme Administrative Court)
7.
Sądy powszechne — rejonowe, okręgowe i apelacyjne (Common Court of Law — District Court, Regional Court, Appellate Court)
8.
Trybunat Konstytucyjny (Constitutional Court)
9.
Najwyższa Izba Kontroli (Supreme Chamber of Control)
10.
Biuro Rzecznika Praw Obywatelskich (Office of the Human Rights Defender)
11.
Biuro Rzecznika Praw Dziecka (Office of the Children's Rigths Ombudsman)
12.
Biuro Ochrony Rządu (Government Protection Bureau)
13.
Biuro Bezpieczeństwa Narodowego (The National Security Office)
14.
Centralne Biuro Antykorupcyjne (Central Anticorruption Bureau)
15.
Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy)
16.
Ministerstwo Finansów (Ministry of Finance)
17.
Ministerstwo Gospodarki (Ministry of Economy)
18.
Ministerstwo Rozwoju Regionalnego (Ministry of Regional Development)
19.
Ministerstwo Kultury i Dziedzictwa Narodowego (Ministry of Culture and National Heritage)
20.
Ministerstwo Edukacji Narodowej (Ministry of National Education)
21.
Ministerstwo Obrony Narodowej (Ministry of National Defence)
22.
Ministerstwo Rolnictwa i Rozwoju Wsi (Ministry of Agriculture and Rural Development)
23.
Ministerstwo Skarbu Państwa (Ministry of the State Treasury)
24.
Ministerstwo Sprawiedliwości (Ministry of Justice)
25.
Ministerstwo Transportu, Budownictwa i Gospodarki Morskiej (Ministry of Transport, Construction and Maritime Economy)
26.
Ministerstwo Nauki i Szkolnictwa Wyższego (Ministry of Science and Higher Education)
27.
Ministerstwo Środowiska (Ministry of Environment)
28.
Ministerstwo Spraw Wewnętrznych (Ministry of Internal Affairs)
29.
Ministrestwo Administracji i Cyfryzacji (Ministry of Administration and Digitisation)
30.
Ministerstwo Spraw Zagranicznych (Ministry of Foreign Affairs)
31.
Ministerstwo Zdrowia (Ministry of Health)
32.
Ministerstwo Sportu i Turystyki (Ministry of Sport and Tourism)
33.
Urząd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland)
34.
Urząd Regulacji Energetyki (The Energy Regulatory Authority of Poland)
35.
Urząd do Spraw Kombatantów i Osób Represjonowanych (Office for Military Veterans and Victims of Repression)
36.
Urząd Transportu Kolejowego (Office for Railroad Transport)
37.
Urząd Dozoru Technicznego (Office of Technical Inspection)
38.
Urząd Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych (The Office for Registration of Medicinal Products, Medical Devices and Biocidal Products)
39.
Urząd do Spraw Cudzoziemców (Office for Foreigners)
40.
Urząd Zamówień Publicznych (Public Procurement Office)
41.
Urząd Ochrony Konkurencji i Konsumentów (Office for Competition and Consumer Protection)
42.
Urząd Lotnictwa Cywilnego (Civil Aviation Office)
43.
Urząd Komunikacji Elektronicznej (Office of Electronic Communication)
44.
Wyższy Urząd Górniczy (State Mining Authority)
45.
Główny Urząd Miar (Main Office of Measures)
46.
Główny Urząd Geodezji i Kartografii (The Main Office of Geodesy and Cartography)
47.
Główny Urząd Nadzoru Budowlanego (The General Office of Building Control)
48.
Główny Urząd Statystyczny (Main Statistical Office)
49.
Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council)
50.
Generalny Inspektor Ochrony Danych Osobowych (Inspector General for the Protection of Personal Data)
51.
Państwowa Komisja Wyborcza (State Election Commission)
52.
Państwowa Inspekcja Pracy (National Labour Inspectorate)
53.
Rządowe Centrum Legislacji (Government Legislation Centre)
54.
Narodowy Fundusz Zdrowia (National Health Fund)
55.
Polska Akademia Nauk (Polish Academy of Science)
56.
Polskie Centrum Akredytacji (Polish Accreditation Centre)
57.
Polskie Centrum Badań i Certyfikacji (Polish Centre for Testing and Certification)
58.
Polska Organizacja Turystyczna (Polish National Tourist Office)
59.
Polski Komitet Normalizacyjny (Polish Committee for Standardisation)
60.
Zakład Ubezpieczeń Społecznych (Social Insurance Institution)
61.
Komisja Nadzoru Finansowego (Polish Financial Supervision Authority)
62.
Naczelna Dyrekcja Archiwów Państwowych (Head Office of State Archives)
63.
Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund)
64.
Generalna Dyrekcja Dróg Krajowych i Autostrad (The General Directorate of National Roads and Motorways)
65.
Główny Inspektorat Ochrony Roślin i Nasiennictwa (The Main Inspectorate for the Inspection of Plant and Seeds Protection)
66.
Komenda Główna Państwowej Straży Pożarnej (The National Headquarters of the State Fire-Service)
67.
Komenda Główna Policji (Polish National Police)
68.
Komenda Główna Straży Granicxnej (The Chief Boarder Guards Command)
69.
Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych (The Main Inspectorate of Commercial Quality of Agri-Food Products)
70.
Główny Inspektorat Ochrony Środowiska (The Main Inspectorate for Environment Protection)
71.
Główny Inspektorat Transportu Drogowego (Main Inspectorate of Road Transport)
72.
Główny Inspektorat Farmaceutyczny (Main Pharmaceutical Inspectorate)
73.
Główny Inspektorat Sanitarny (Main Sanitary Inspectorate)
74.
Główny Inspektorat Weterynarii (The Main Veterinary Inspectorate)
75.
Agencja Bezpieczeństwa Wewnętrznego (Internal Security Agency)
76.
Agencja Wywiadu (Foreign Intelligence Agency)
77.
Agencja Mienia Wojskowego (Agency for Military Property)
78.
Wojskowa Agencja Mieszkaniowa (Military Real Estate Agency)
79.
Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for Restructuring and Modernisation of Agriculture)
80.
Agencja Rynku Rolnego (Agriculture Market Agency)
81.
Agencja Nieruchomości Rolnych (Agricultural Property Agency)
82.
Państwowa Agencja Atomistyki (National Atomic Energy Agency)
83.
Polska Agencja Żeglugi Powietrznej (Polish Air Navigation Services Agency)
84.
Polska Agencja Rozwiązywania Problemów Alkoholowych (State Agency for Prevention of Alcohol Related Problems)
85.
Agencja Rezerw Materiałowych (The Material Reserves Agency)
86.
Narodowy Bank Polski (National Bank of Poland)
87.
Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej (The National Fund for Environmental Protection and Water Management)
88.
Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych (National Disabled Persons Rehabilitation Fund)
89.
Instytut Pamięci Narodowej — Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu (National Remembrance Institute — Commission for Prosecution of Crimes Against the Polish Nation)
90.
Rada Ochrony Pamięci Walk i Męczeństwa (The Committee of Protection of Memory of Combat and Martyrdom)
91.
Służba Celna Rzeczypospolitej Polskiej (Customs Service of the Republic of Poland)
92.
Państwowe Gospodarstwo Leśne ‘Lasy Państwowe’ (State Forest ‘Enterprise Lasy Państwowe’)
93.
Polska Agencja Rozwoju Przedsiębiorczości (Polish Agency for Enterprise Development)
94.
Samodzielne Publiczne Zakłady Opieki Zdrowotnej, jeśli ich organem założycielskim jest minister, centralny organ administracji rządowej lub wojewoda (Public Autonomous Health Care Management Units established by minister, central government unit or voivoda).
PORTUGAL
1.
Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
2.
Ministério das Finanças (Ministry of Finance)
3.
Ministério da Defesa Nacional (Ministry of Defence)
4.
Ministério dos Negócios Estrangeiros e das Comunidades Portuguesas (Ministry of Foreign Affairs and Portuguese Communities)
5.
Ministério da Administração Interna (Ministry of Internal Affairs)
6.
Ministério da Justiça (Ministry of Justice)
7.
Ministério da Economia (Ministry of Economy)
8.
Ministério da Agricultura, Desenvolvimento Rural e Pescas (Ministry of Agriculture, Rural Development and Fishing)
9.
Ministério da Educação (Ministry of Education)
10.
Ministério da Ciência e do Ensino Superior (Ministry of Science and University Education)
11.
Ministério da Cultura (Ministry of Culture)
12.
Ministério da Saúde (Ministry of Health)
13.
Ministério do Trabalho e da Solidariedade Social (Ministry of Labour and Social Solidarity)
14.
Ministério das Obras Públicas, Transportes e Habitação (Ministry of Public Works, Transports and Housing)
15.
Ministério das Cidades, Ordenamento do Território e Ambiente (Ministry of Cities, Land Management and Environment)
16.
Ministério para a Qualificação e o Emprego (Ministry for Qualification and Employment)
17.
Presidência da Republica (Presidency of the Republic)
18.
Tribunal Constitucional (Constitutional Court)
19.
Tribunal de Contas (Court of Auditors)
20.
Provedoria de Justiça (Ombudsman)
ROMANIA
Administrația Prezidențială (Presidential Administration)
Senatul României (Romanian Senate)
Camera Deputaților (Chamber of Deputies)
Înalta Curte de Casație și Justiție (Supreme Court)
Curtea Constituțională (Constitutional Court)
Consiliul Legislativ (Legislative Council)
Curtea de Conturi (Court of Accounts)
Consiliul Superior al Magistraturii (Superior Council of Magistracy)
Parchetul de pe lângă Înalta Curte de Casație și Justiție (Prosecutor's Office Attached to the Supreme Court)
Secretariatul General al Guvernului (General Secretariat of the Government)
Cancelaria Primului-Ministru (Chancellery of the Prime Minister)
Ministerul Afacerilor Externe (Ministry of Foreign Affairs)
Ministerul Economiei și Finanțelor (Ministry of Economy and Finance)
Ministerul Justiției (Ministry of Justice)
Ministerul Apărării (Ministry of Defense)
Ministerul Internelor și Reformei Administrative (Ministry of Interior and Administration Reform)
Ministerul Muncii, Familiei și Egalității de Sanse (Ministry of Labor and Equal Opportunities)
Ministerul pentru Intreprinderi Mici și Mijlocii, Comerț, Turism și Profesii Liberale (Ministry for Small and Medium Sized Enterprises, Trade, Tourism and Liberal Professions)
Ministerul Agriculturii și Dezvoltării Rurale (Ministry of Agricultural and Rural Development)
Ministerul Transporturilor (Ministry of Transport)
Ministerul Dezvoltării, Lucrărilor Publice și Locuinței (Ministry of Development, Public Works and Housing)
Ministerul Educației Cercetării și Tineretului (Ministry of Education, Research and Youth)
Ministerul Sănătății Publice (Ministry of Public Health)
Ministerul Culturii și Cultelor (Ministry of Culture and Religious Affairs)
Ministerul Comunicațiilor și Tehnologiei Informației (Ministry of Communications and Information Technology)
Ministerul Mediului și Dezvoltării Durabile (Ministry of Environment and Sustainable Development)
Serviciul Român de Informații (Romanian Intelligence Service)
Serviciul Român de Informații Externe (Romanian Foreign Intelligence Service)
Serviciul de Protecție și Pază (Protection and Guard Service)
Serviciul de Telecomunicații Speciale (Special Telecommunication Service)
Consiliul Național al Audiovizualului (The National Audiovisual Council)
Consiliul Concurenței (CC) (Competition Council)
Direcția Națională Anticorupție (National Anti-corruption Department)
Inspectoratul General de Poliție (General Inspectorate of Police)
Autoritatea Națională pentru Reglementarea și Monitorizarea Achizițiilor Publice (National Authority for Regulation and Monitoring Public Procurement)
Consiliul Național de Soluționare a Contestațiilor (National Council for Solving the Contests)
Autoritatea Națională de Reglementare pentru Serviciile Comunitare de Utilități Publice (ANRSC) (National Authority for Regulating Community Services Public Utilities)
Autoritatea Națională Sanitară Veterinară și pentru Siguranța Alimentelor (Sanitary Veterinary and Food Safety National Authority)
Autoritatea Națională pentru Protecția Consumatorilor (National Authority for Consumer Protection)
Autoritatea Navală Română (Romanian Naval Authority)
Autoritatea Feroviară Română (Romanian Railway Authority)
Autoritatea Rutieră Română (Romanian Road Authority)
Autoritatea Națională pentru Protecția Drepturilor Copilului-și Adopție (National Authority for the Protection of Child Rights and Adoption)
Autoritatea Națională pentru Persoanele cu Handicap (National Authority for Disabled Persons)
Autoritatea Națională pentru Tineret (National Authority for Youth)
Autoritatea Națională pentru Cercetare Stiințifica (National Authority for Scientific Research)
Autoritatea Națională pentru Comunicații (National Authority for Communications)
Autoritatea Națională pentru Serviciile Societății Informaționale (National Authority for Informational Society Services)
Autoritatea Electorală Permanente (Permanent Electoral Authority)
Agenția pentru Strategii Guvernamentale (Agency for Governmental Strategies)
Agenția Națională a Medicamentului (National Medicines Agency)
Agenția Națională pentru Sport (National Agency for Sports)
Agenția Națională pentru Ocuparea Forței de Muncă (National Agency for Employment)
Agenția Națională de Reglementare în Domeniul Energiei (National Authority for Electrical Energy Regulation)
Agenția Română pentru Conservarea Energiei (Romanian Agency for Power Conservation)
Agenția Națională pentru Resurse Minerale (National Agency for Mineral Resources)
Agenția Română pentru Investiții Străine (Romanian Agency for Foreign Investment)
Agenția Națională a Funcționarilor Publici (National Agency of Public Civil Servants)
Agenția Națională de Administrare Fiscală (National Agency of Fiscal Administration)
Agenția de Compensare pentru Achiziții de Tehnică Specială (Agency For Offsetting Special Technique Procurements)
Agenția Națională Anti-doping (National Anti-Doping Agency)
Agenția Nucleară (Nuclear Agency)
Agenția Națională pentru Protecția Familiei (National Agency for Family Protection)
Agenția Națională pentru Egalitatea de Sanse între Bărbați și Femei (National Authority for Equality of Chances between Men and Women)
Agenția Națională pentru Protecția Mediului (National Agency for Environmental Protection)
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 sodišča (Labour Courts)
36.
Upravne enote (Local Administrative Units)
SLOVAKIA
Ministries and other central government authorities referred to as in Act No. 575/2001 Coll. on the structure of activities of the Government and central state administration authorities in wording of later amendments:
Ministerstvo hospodárstva Slovenskej republiky (Ministry of Economy of the Slovak Republic)
Ministerstvo financií Slovenskej republiky (Ministry of Finance of the Slovak Republic)
Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky (Ministry of Transport, Construction and Regional Development of the Slovak Republic)
Ministerstvo pôdohospodárstva a rozvoja vidieka Slovenskej republiky (Ministry of Agriculture and Rural Development of the Slovak Republic)
Ministerstvo vnútra Slovenskej republiky (Ministry of Interior of the Slovak Republic)
Ministerstvo obrany Slovenskej republiky (Ministry of Defence of the Slovak Republic)
Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak Republic)
Ministerstvo zahraničných vecí Slovenskej republiky (Ministry of Foreign Affairs of the Slovak Republic)
Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky (Ministry of Labour, Social Affairs and Family of the Slovak Republic)
Ministerstvo životného prostredia Slovenskej republiky (Ministry of Environment of the Slovak Republic)
Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky (Ministry of Education, Science, Research and Sport of the Slovak Republic)
Ministerstvo kultúry Slovenskej republiky (Ministry of Culture of the Slovak Republic)
Ministerstvo zdravotníctva Slovenskej republiky (Ministry of Health Service of the Slovak Republic)
Úrad vlády Slovenskej republiky (The Government Office of the Slovak Republic)
Protimonopolný úrad Slovenskej republiky (Antimonopoly Office of the Slovak Republic)
Štatistický úrad Slovenskej republiky (Statistical Office of the Slovak Republic)
Úrad geodézie, kartografie a katastra Slovenskej republiky (The Office of Land Surveyor, Cartography and Cadastre of the Slovak Republic)
Úrad jadrového dozoru Slovenskej republiky (Nuclear Regulatory Authority of the Slovak Republic)
Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky (Slovak Office of Standards, Metrology and Testing)
Úrad pre verejné obstarávanie (The Office for Public Procurement)
Úrad priemyselného vlastníctva Slovenskej republiky (Industrial Property Office of the Slovak Republic)
Správa štátnych hmotných rezerv Slovenskej republiky (The Administration of State Material Reserves of the Slovak Republic)
Národný bezpečnostný úrad (National Security Authority)
Kancelária Prezidenta Slovenskej republiky (The Office of the President of the Slovak Republic)
Národná rada Slovenskej republiky (National Council of the Slovak Republic)
Ústavný súd Slovenskej republiky (Constitutional Court of the Slovak Republic)
Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic)
Generálna prokuratúra Slovenskej republiky (Public Prosecution of the Slovak Republic)
Najvyšší kontrolný úrad Slovenskej republiky (Supreme Audit Office of the Slovak Republic)
Telekomunikačný úrad Slovenskej republiky (Telecommunications Office of the Slovak Republic)
Poštový úrad (Postal Regulatory Office)
Úrad na ochranu osobných údajov (Office for Personal Data Protection)
Kancelária verejného ochrancu práv (Ombudsman's Office)
Úrad pre finančný trh (Office for the Finance Market)
FINLAND
OIKEUSKANSLERINVIRASTO — JUSTITIEKANSLERSÄMBETET (OFFICE OF THE CHANCELLOR OF JUSTICE)
LIIKENNE- JA VIESTINTÄMINISTERIÖ — KOMMUNIKATIONSMINISTERIET (MINISTRY OF TRANSPORT AND COMMUNICATIONS)
Viestintävirasto — Kommunikationsverket (Finnish Communications Regulatory Authority)
Ajoneuvohallintokeskus AKE — Fordonsförvaltningscentralen AKE (Finnish Vehicle Administration)
Ilmailuhallinto — Luftfartsförvaltningen (Finnish Civil Aviation Authority)
Ilmatieteen laitos — Meteorologiska institutet (Finnish Meterological Institute)
Merenkulkulaitos — Sjöfartsverket (The Finnish Maritime Administration)
Merentutkimuslaitos — Havsforskningsinstitutet (Finnish Institute of Marine Research)
Ratahallintokeskus RHK — Banförvaltningscentralen RHK (Rail Administration)
Rautatievirasto — Järnvägsverket (Finnish Railway Agency)
Tiehallinto — Vägförvaltningen (Road Administration)
MAA- JA METSÄTALOUSMINISTERIÖ — JORD- OCH SKOGSBRUKSMINISTERIET (MINISTRY OF AGRICULTURE AND FORESTRY)
Elintarviketurvallisuusvirasto — Livsmedelssäkerhetsverket (Finnish Food Safety Authority)
Maanmittauslaitos — Lantmäteriverket (National Land Survey of Finland)
Maaseutuvirasto — Landsbygdsverket (The Countryside Agency)
OIKEUSMINISTERIÖ — JUSTITIEMINISTERIET (MINISTRY OF JUSTICE)
Tietosuojavaltuutetun toimisto — Dataombudsmannens byrå (Office of the Data Protection Ombudsman)
Tuomioistuimet — domstolar (Courts of Law)
Korkein oikeus — Högsta domstolen (Supreme Court)
Korkein hallinto-oikeus — Högsta förvaltningsdomstolen (Supreme Administrative Court)
Hovioikeudet — hovrätter (Courts of Appeal)
Käräjäoikeudet — tingsrätter (District Courts)
Hallinto-oikeudet — förvaltningsdomstolar (Administrative Courts)
Markkinaoikeus — Marknadsdomstolen (Market Court)
Työtuomioistuin — Arbetsdomstolen (Labour Court)
Vakuutusoikeus — Försäkringsdomstolen (Insurance Court)
Kuluttajariitalautakunta — Konsumenttvistenämnden (Consumer Complaint Board)
Vankeinhoitolaitos — Fångvårdsväsendet (Prison Service)
HEUNI — Yhdistyneiden Kansakuntien yhteydessä toimiva Euroopan kriminaalipolitiikan instituutti — HEUNI — Europeiska institutet för kriminalpolitik, verksamt i anslutning till Förenta Nationerna (the European Institute for Crime Prevention and Control)
Konkurssiasiamiehen toimisto — Konkursombudsmannens byrå (Office of Bankrupcy Ombudsman)
Oikeushallinnon palvelukeskus — Justitieförvaltningens servicecentral (Legal Management Service)
Oikeushallinnon tietotekniikkakeskus — Justitieförvaltningens datateknikcentral (Legal Administrative Computing Center)
Oikeuspoliittinen tutkimuslaitos (Optula) — Rättspolitiska forskningsinstitutet (Legal Policy Institute)
Oikeusrekisterikeskus — Rättsregistercentralen (Legal Register Centre)
Onnettomuustutkintakeskus — Centralen för undersökning av olyckor (Accident Investigation Board)
Rikosseuraamusvirasto — Brottspåföljdsverket (Criminal sanctions Agency)
Rikosseuraamusalan koulutuskeskus — Brottspåföljdsområdets utbildningscentral (Training Institute for Prison and Probation Services)
Rikoksentorjuntaneuvosto Rådet för brottsförebyggande (National Council for Crime Prevention)
Saamelaiskäräjät — Sametinget (The Saami Parliament)
Valtakunnansyyttäjänvirasto — Riksåklagarämbetet (the Office of the Prosecutor General)
OPETUSMINISTERIÖ — UNDERVISNINGSMINISTERIET (MINISTRY OF EDUCATION)
Opetushallitus — Utbildningsstyrelsen (National Board of Education)
Valtion elokuvatarkastamo — Statens filmgranskningsbyrå (Finnish Board of Film Classification)
PUOLUSTUSMINISTERIÖ — FÖRSVARSMINISTERIET (MINISTRY OF DEFENCE)
Puolustusvoimat — Försvarsmakten (Finnish Defence Forces)
SISÄASIAINMINISTERIÖ — INRIKESMINISTERIET (MINISTRY OF THE INTERIOR)
Keskusrikospoliisi — Centralkriminalpolisen (Central Criminal Police)
Liikkuva poliisi — Rörliga polisen (National Traffic Police)
Rajavartiolaitos — Gränsbevakningsväsendet (Frontier Guard)
Suojelupoliisi — Skyddspolisen (Police protection)
Poliisiammattikorkeakoulu — Polisyrkeshögskolan (Police College)
Poliisin tekniikkakeskus — Polisens teknikcentral (Police Technical Centre)
Pelastusopisto — Räddningsverket (Emergency Services)
Hätäkeskuslaitos — Nödcentralsverket (Emergency Response Centre)
Maahanmuuttovirasto — Migrationsverket (Immigration Authority)
Sisäasiainhallinnon palvelukeskus — Inrikesförvaltningens servicecentral (Interior Management Service)
Helsingin kihlakunnan poliisilaitos — Polisinrättningen i Helsingfors (Helsinki Police Department)
Valtion turvapaikanhakijoiden vastaanottokeskukset — Statliga förläggningar för asylsökande (Reception centres for Asylum Seekers)
SOSIAALI- JA TERVEYSMINISTERIÖ — SOCIAL- OCH HÄLSOVÅRDSMINISTERIET (MINISTRY OF SOCIAL AFFAIRS AND HEALTH)
Työttömyysturvalautakunta — Besvärsnämnden för utkomstskyddsärenden (Unemployment Appeal Board)
Sosiaaliturvan muutoksenhakulautakunta — Besvärsnämnden för socialtrygghet (Appeal Tribunal)
Lääkelaitos — Läkemedelsverket (National Agency for Medicines)
Terveydenhuollon oikeusturvakeskus — Rättsskyddscentralen för hälsovården (National Authority for Medicolegal Affairs)
Säteilyturvakeskus — Strålsäkerhetscentralen (Finnish Centre for Radiation and Nuclear Safety)
Kansanterveyslaitos — Folkhälsoinstitutet (National Public Health Institute)
Lääkehoidon kehittämiskeskus ROHTO — Utvecklingscentralen för läkemedelsbe-handling (Centre for Pharmacotherapy Development ROHTO)
Sosiaali- ja terveydenhuollon tuotevalvontakeskus — Social- och hälsovårdens produkttill-synscentral (the National Product Control Agency's SSTV)
Sosiaali- ja terveysalan tutkimus- ja kehittämiskeskus Stakes — Forsknings- och utvecklingscentralen för social- och hälsovården Stakes (Health and Social Care Research and Development Center STAKES)
TYÖ- JA ELINKEINOMINISTERIÖ — ARBETS- OCH NÄRINGSMINISTERIET (MINISTRY OF EMPLOYMENT AND THE ECONOMY)
Kuluttajavirasto — Konsumentverket (Finnish Consumer Agency)
Kilpailuvirasto — Konkurrensverket (Finnish Competition Authority)
Patentti- ja rekisterihallitus — Patent- och registerstyrelsen (National Board of Patents and Registration)
Valtakunnansovittelijain toimisto — Riksförlikningsmännens byrå (National Conciliators' Office)
Työneuvosto — Arbetsrådet (Labour Council)
Energiamarkkinavirasto — Energimarknadsverket (Energy Market Authority)
Geologian tutkimuskeskus — Geologiska forskningscentralen (Geological Survey of Finland)
Huoltovarmuuskeskus — Försörjningsberedskapscentralen (The National Emergency Supply Agency)
Kuluttajatutkimuskeskus — Konsumentforskningscentralen (National Consumer Research Center)
Matkailun edistämiskeskus (MEK) — Centralen för turistfrämjande (Finnish Tourist Board)
Mittatekniikan keskus (MIKES) — Mätteknikcentralen (Centre for Metrology and Accrediattion)
Tekes — teknologian ja innovaatioiden kehittämiskeskus —Tekes — utvecklingscentralen för teknologi och innovationer (Finnish Funding Agency for Technology and Innovation)
Turvatekniikan keskus (TUKES) — Säkerhetsteknikcentralen (Safety Technology Authority)
Valtion teknillinen tutkimuskeskus (VTT) — Statens tekniska forskningscentral (VTT Technical Research Centre of Finland)
Syrjintälautakunta — Nationella diskrimineringsnämnden (Discrimination Tribunal)
Vähemmistövaltuutetun toimisto — Minoritetsombudsmannens byrå (Office of the Ombudsman for Minorities)
ULKOASIAINMINISTERIÖ — UTRIKESMINISTERIET (MINISTRY FOR FOREIGN AFFAIRS)
VALTIONEUVOSTON KANSLIA — STATSRÅDETS KANSLI (PRIME MINISTER'S OFFICE)
VALTIOVARAINMINISTERIÖ — FINANSMINISTERIET (MINISTRY OF FINANCE)
Valtiokonttori — Statskontoret (State Treasury)
Verohallinto — Skatteförvaltningen (Tax Administration)
Tullilaitos — Tullverket (Customs)
Tilastokeskus — Statistikcentralen (Statistics Finland)
Valtiontaloudellinen tutkimuskeskus — Statens ekonomiska forskiningscentral (Government Institute for Economic Research)
Väestörekisterikeskus — Befolkningsregistercentralen (Population Register Centre)
YMPÄRISTÖMINISTERIÖ — MILJÖMINISTERIET (MINISTRY OF ENVIRONMENT)
Suomen ympäristökeskus — Finlands miljöcentral (Finnish Environment Institute)
Asumisen rahoitus- ja kehityskeskus — Finansierings- och utvecklingscentralen för boendet (The Housing Finance and Development Centre of Finland)
VALTIONTALOUDEN TARKASTUSVIRASTO — STATENS REVISIONSVERK (NATIONAL AUDIT OFFICE)
SWEDEN
Royal Academy of Fine Arts
Akademien för de fria konsterna
National Board for Consumer Complaints
Allmänna reklamationsnämnden
Labour Court
Arbetsdomstolen
Swedish Employment Services
Arbetsförmedlingen
National Agency for Government Employers
Arbetsgivarverk, statens
National Institute for Working Life
Arbetslivsinstitutet
Swedish Work Environment Authority
Arbetsmiljöverket
Swedish Inheritance Fund Commission
Arvsfondsdelegationen
Museum of Architecture
Arkitekturmuseet
National Archive of Recorded Sound and Moving Images
Ljud och bildarkiv, statens
The Office of the Childrens' Ombudsman
Barnombudsmannen
Swedish Council on Technology Assessment in Health Care
Beredning för utvärdering av medicinsk metodik, statens
Royal Library
Kungliga Biblioteket
National Board of Film Censors
Biografbyrå, statens
Dictionary of Swedish Biography
Biografiskt lexikon, svenskt
Swedish Accounting Standards Board
Bokföringsnämnden
Swedish Companies Registration Office
Bolagsverket
National Housing Credit Guarantee Board
Bostadskreditnämnd, statens (BKN)
National Housing Board
Boverket
National Council for Crime Prevention
Brottsförebyggande rådet
Criminal Victim Compensation and Support Authority
Brottsoffermyndigheten
National Board of Student Aid
Centrala studiestödsnämnden
Data Inspection Board
Datainspektionen
Ministries (Government Departments)
Departementen
National Courts Administration
Domstolsverket
National Electrical Safety Board
Elsäkerhetsverket
Swedish Energy Markets Inspectorate
Energimarknadsinspektionen
Export Credits Guarantee Board
Exportkreditnämnden
Swedish Fiscal Policy Council
Finanspolitiska rådet
Financial Supervisory Authority
Finansinspektionen
National Board of Fisheries
Fiskeriverket
National Institute of Public Health
Folkhälsoinstitut, statens
Swedish Research Council for Environment
Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas
National Fortifications Administration
Fortifikationsverket
National Mediation Office
Medlingsinstitutet
Defence Material Administration
Försvarets materielverk
National Defence Radio Institute
Försvarets radioanstalt
Swedish Museums of Military History
Försvarshistoriska museer, statens
National Defence College
Försvarshögskolan
The Swedish Armed Forces
Försvarsmakten
Social Insurance Office
Försäkringskassan
Geological Survey of Sweden
Geologiska undersökning, Sveriges
Geotechnical Institute
Geotekniska institut, statens
The National Rural Development Agency
Glesbygdsverket
Graphic Institute and the Graduate School of Communications
Grafiska institutet och institutet för högre kommunikations- och reklamutbildning
The Swedish Broadcasting Commission
Granskningsnämnden för Radio och TV
Swedish Government Seamen's Service
Handelsflottans kultur- och fritidsråd
Ombudsman for the Disabled
Handikappombudsmannen
Board of Accident Investigation
Haverikommission, statens
Courts of Appeal (6)
Hovrätterna (6)
Regional Rent and Tenancies Tribunals (12)
Hyres- och arendenämnder (12)
Committee on Medical Responsibility
Hälso- och sjukvårdens ansvarsnämnd
National Agency for Higher Education
Högskoleverket
Supreme Court
Högsta domstolen
National Institute for Psycho-Social Factors and Health
Institut för psykosocial miljömedicin, statens
National Institute for Regional Studies
Institut för tillväxtpolitiska studier
Swedish Institute of Space Physics
Institutet för rymdfysik
International Programme Office for Education and Training
Internationella programkontoret för utbildningsområdet
Swedish Migration Board
Migrationsverket
Swedish Board of Agriculture
Jordbruksverk, statens
Office of the Chancellor of Justice
Justitiekanslern
Office of the Equal Opportunities Ombudsman
Jämställdhetsombudsmannen
National Judicial Board of Public Lands and Funds
Kammarkollegiet
Administrative Courts of Appeal (4)
Kammarrätterna (4)
National Chemicals Inspectorate
Kemikalieinspektionen
National Board of Trade
Kommerskollegium
Swedish Agency for Innovation Systems
Verket för innovationssystem (VINNOVA)
National Institute of Economic Research
Konjunkturinstitutet
Swedish Competition Authority
Konkurrensverket
College of Arts, Crafts and Design
Konstfack
College of Fine Arts
Konsthögskolan
National Museum of Fine Arts
Nationalmuseum
Arts Grants Committee
Konstnärsnämnden
National Art Council
Konstråd, statens
National Board for Consumer Policies
Konsumentverket
National Laboratory of Forensic Science
Kriminaltekniska laboratorium, statens
Prison and Probation Service
Kriminalvården
National Paroles Board
Kriminalvårdsnämnden
Swedish Enforcement Authority
Kronofogdemyndigheten
National Council for Cultural Affairs
Kulturråd, statens
Swedish Coast Guard
Kustbevakningen
National Land Survey
Lantmäteriverket
Royal Armoury
Livrustkammaren/Skoklosters slott/ Hallwylska museet
National Food Administration
Livsmedelsverk, statens
The National Gaming Board
Lotteriinspektionen
Medical Products Agency
Läkemedelsverket
County Administrative Courts (24)
Länsrätterna (24)
County Administrative Boards (24)
Länsstyrelserna (24)
National Government Employee and Pensions Board
Pensionsverk, statens
Market Court
Marknadsdomstolen
Swedish Meteorological and Hydrological Institute
Meteorologiska och hydrologiska institut, Sveriges
Modern Museum
Moderna museet
Swedish National Collections of Music
Musiksamlingar, statens
Swedish Agency for Disability Policy Coordination
Myndigheten för handikappolitisk samordning
Swedish Agency for Networks and Cooperation in Higher Education
Myndigheten för nätverk och samarbete inom högre utbildning
Commission for state grants to religious communities
Nämnden för statligt stöd till trossamfun
Museum of Natural History
Naturhistoriska riksmuseet
National Environmental Protection Agency
Naturvårdsverket
Scandinavian Institute of African Studies
Nordiska Afrikainstitutet
Nordic School of Public Health
Nordiska högskolan för folkhälsovetenskap
Recorders Committee
Notarienämnden
Swedish National Board for Intra Country Adoptions
Myndigheten för internationella adoptionsfrågor
Swedish Agency for Economic and Regional Growth
Verket för näringslivsutveckling (NUTEK)
Office of the Ethnic Discrimination Ombudsman
Ombudsmannen mot etnisk diskriminering
Court of Patent Appeals
Patentbesvärsrätten
Patents and Registration Office
Patent- och registreringsverket
Swedish Population Address Register Board
Personadressregisternämnd statens, SPAR-nämnden
Swedish Polar Research Secretariat
Polarforskningssekretariatet
Press Subsidies Council
Presstödsnämnden
The Council of the European Social Fund in Sweden
Rådet för Europeiska socialfonden i Sverige
The Swedish Radio and TV Authority
Radio- och TV-verket
Government Offices
Regeringskansliet
Supreme Administrative Court
Regeringsrätten
Central Board of National Antiquities
Riksantikvarieämbetet
National Archives
Riksarkivet
Bank of Sweden
Riksbanken
Parliamentary Administrative Office
Riksdagsförvaltningen
The Parliamentary Ombudsmen
Riksdagens ombudsmän, JO
The Parliamentary Auditors
Riksdagens revisorer
National Debt Office
Riksgäldskontoret
National Police Board
Rikspolisstyrelsen
National Audit Bureau
Riksrevisionen
Travelling Exhibitions Service
Riksutställningar, Stiftelsen
National Space Board
Rymdstyrelsen
Swedish Council for Working Life and Social Research
Forskningsrådet för arbetsliv och socialvetenskap
National Rescue Services Board
Räddningsverk, statens
Regional Legal-aid Authority
Rättshjälpsmyndigheten
National Board of Forensic Medicine
Rättsmedicinalverket
Sami (Lapp) School Board
Sameskolstyrelsen och sameskolor
Sami (Lapp) Schools
National Maritime Administration
Sjöfartsverket
National Maritime Museums
Maritima museer, statens
Swedish Commission on Security and Integrity Protection
Säkerhets- och intregritetsskyddsnämnden
Swedish Tax Agency
Skatteverket
National Board of Forestry
Skogsstyrelsen
National Agency for Education
Skolverk, statens
Swedish Institute for Infectious Disease Control
Smittskyddsinstitutet
National Board of Health and Welfare
Socialstyrelsen
National Inspectorate of Explosives and Flammables
Sprängämnesinspektionen
Statistics Sweden
Statistiska centralbyrån
Agency for Administrative Development
Statskontoret
Swedish Radiation Safety Authority
Strålsäkerhetsmyndigheten
Swedish International Development Cooperation Authority
Styrelsen för internationellt utvecklings- samarbete, SIDA
National Board of Psychological Defence and Conformity Assessment
Styrelsen för psykologiskt försvar
Swedish Board for Accreditation
Styrelsen för ackreditering och teknisk kontroll
Swedish Institute
Svenska Institutet, stiftelsen
Library of Talking Books and Braille Publications
Talboks- och punktskriftsbiblioteket
District and City Courts (97)
Tingsrätterna (97)
Judges Nomination Proposal Committee
Tjänsteförslagsnämnden för domstolsväsendet
Armed Forces' Enrolment Board
Totalförsvarets pliktverk
Swedish Defence Research Agency
Totalförsvarets forskningsinstitut
Swedish Board of Customs
Tullverket
Swedish Tourist Authority
Turistdelegationen
The National Board of Youth Affairs
Ungdomsstyrelsen
Universities and University Colleges
Universitet och högskolor
Aliens Appeals Board
Utlänningsnämnden
National Seed Testing and Certification Institute
Utsädeskontroll, statens
Swedish National Road Administration
Vägverket
National Water Supply and Sewage Tribunal
Vatten- och avloppsnämnd, statens
National Agency for Higher Education
Verket för högskoleservice (VHS)
Swedish Agency for Economic and Regional Development
Verket för näringslivsutveckling (NUTEK)
Swedish Research Council
Vetenskapsrådet'
National Veterinary Institute
Veterinärmedicinska anstalt, statens
Swedish National Road and Transport Research Institute
Väg- och transportforskningsinstitut, statens
National Plant Variety Board
Växtsortnämnd, statens
Swedish Prosecution Authority
Åklagarmyndigheten
Swedish Emergency Management Agency
Krisberedskapsmyndigheten
Board of Appeals of the Manna Mission
Överklagandenämnden för nämndemannauppdrag
UNITED KINGDOM
Cabinet Office
Office of the Parliamentary Counsel
Central Office of Information
Charity Commission
Crown Estate Commissioners (Vote Expenditure Only)
Crown Prosecution Service
Department for Business, Enterprise and Regulatory Reform
Competition Commission
Gas and Electricity Consumers' Council
Office of Manpower Economics
Department for Children, Schools and Families
Department of Communities and Local Government
Rent Assessment Panels
Department for Culture, Media and Sport
British Library
British Museum
Commission for Architecture and the Built Environment
The Gambling Commission
Historic Buildings and Monuments Commission for England (English Heritage)
Imperial War Museum
Museums, Libraries and Archives Council
National Gallery
National Maritime Museum
National Portrait Gallery
Natural History Museum
Science Museum
Tate Gallery
Victoria and Albert Museum
Wallace Collection
Department for Environment, Food and Rural Affairs
Agricultural Dwelling House Advisory Committees
Agricultural Land Tribunals
Agricultural Wages Board and Committees
Cattle Breeding Centre
Countryside Agency
Plant Variety Rights Office
Royal Botanic Gardens, Kew
Royal Commission on Environmental Pollution
Department of Health
Dental Practice Board
National Health Service Strategic Health Authorities
NHS Trusts
Prescription Pricing Authority
Department for Innovation, Universities and Skills
Higher Education Funding Council for England
National Weights and Measures Laboratory
Patent Office
Department for International Development
Department of the Procurator General and Treasury Solicitor
Legal Secretariat to the Law Officers
Department for Transport
Maritime and Coastguard Agency
Department for Work and Pensions
Disability Living Allowance Advisory Board
Independent Tribunal Service
Medical Boards and Examining Medical Officers (War Pensions)
Occupational Pensions Regulatory Authority
Regional Medical Service
Social Security Advisory Committee
Export Credits Guarantee Department
Foreign and Commonwealth Office
Wilton Park Conference Centre
Government Actuary's Department
Government Communications Headquarters
Home Office
HM Inspectorate of Constabulary
House of Commons
House of Lords
Ministry of Defence
Defence Equipment & Support
Meteorological Office
Ministry of Justice
Boundary Commission for England
Combined Tax Tribunal
Council on Tribunals
Court of Appeal — Criminal
Employment Appeals Tribunal
Employment Tribunals
HMCS Regions, Crown, County and Combined Courts (England and Wales)
Immigration Appellate Authorities
Immigration Adjudicators
Immigration Appeals Tribunal
Lands Tribunal
Law Commission
Legal Aid Fund (England and Wales)
Office of the Social Security Commissioners
Parole Board and Local Review Committees
Pensions Appeal Tribunals
Public Trust Office
Supreme Court Group (England and Wales)
Transport Tribunal
The National Archives
National Audit Office
National Savings and Investments
National School of Government
Northern Ireland Assembly Commission
Northern Ireland Court Service
Coroners Courts
County Courts
Court of Appeal and High Court of Justice in Northern Ireland
Crown Court
Enforcement of Judgements Office
Legal Aid Fund
Magistrates' Courts
Pensions Appeals Tribunals
Northern Ireland, Department for Employment and Learning
Northern Ireland, Department for Regional Development
Northern Ireland, Department for Social Development
Northern Ireland, Department of Agriculture and Rural Development
Northern Ireland, Department of Culture, Arts and Leisure
Northern Ireland, Department of Education
Northern Ireland, Department of Enterprise, Trade and Investment
Northern Ireland, Department of the Environment
Northern Ireland, Department of Finance and Personnel
Northern Ireland, Department of Health, Social Services and Public Safety
Northern Ireland, Office of the First Minister and Deputy First Minister
Northern Ireland Office
Crown Solicitor's Office
Department of the Director of Public Prosecutions for Northern Ireland
Forensic Science Laboratory of Northern Ireland
Office of the Chief Electoral Officer for Northern Ireland
Police Service of Northern Ireland
Probation Board for Northern Ireland
State Pathologist Service
Office of Fair Trading
Office for National Statistics
National Health Service Central Register
Office of the Parliamentary Commissioner for Administration and Health Service Commissioners
Paymaster General's Office
Postal Business of the Post Office
Privy Council Office
Public Record Office
HM Revenue and Customs
The Revenue and Customs Prosecutions Office
Royal Hospital, Chelsea
Royal Mint
Rural Payments Agency
Scotland, Auditor-General
Scotland, Crown Office and Procurator Fiscal Service
Scotland, General Register Office
Scotland, Queen's and Lord Treasurer's Remembrancer
Scotland, Registers of Scotland
The Scotland Office
The Scottish Ministers
Architecture and Design Scotland
Crofters Commission
Deer Commission for Scotland
Lands Tribunal for Scotland
National Galleries of Scotland
National Library of Scotland
National Museums of Scotland
Royal Botanic Garden, Edinburgh
Royal Commission on the Ancient and Historical Monuments of Scotland
Scottish Further and Higher Education Funding Council
Scottish Law Commission
Community Health Partnerships
Special Health Boards
Health Boards
The Office of the Accountant of Court
High Court of Justiciary
Court of Session
HM Inspectorate of Constabulary
Parole Board for Scotland
Pensions Appeal Tribunals
Scottish Land Court
Sheriff Courts
Scottish Police Services Authority
Office of the Social Security Commissioners
The Private Rented Housing Panel and Private Rented Housing Committees
Keeper of the Records of Scotland
The Scottish Parliamentary Body Corporate
HM Treasury
Office of Government Commerce
United Kingdom Debt Management Office
The Wales Office (Office of the Secretary of State for Wales)
The Welsh Ministers
Higher Education Funding Council for Wales
Local Government Boundary Commission for Wales
The Royal Commission on the Ancient and Historical Monuments of Wales
Valuation Tribunals (Wales)
Welsh National Health Service Trusts and Local Health Boards
Welsh Rent Assessment Panels
Notes to the European Union's Annex 19-1
1.
The procurement by procuring entities covered under this Annex of good or service components of procurements which are not themselves covered by this Chapter shall not be considered as covered procurement.
2.
‘Contracting authorities of European Union Member States’ includes any subordinated entity of any contracting authority of an European Union Member State provided it does not have separate legal personality.
3.
As far as procurement by entities in the field of defence and security is concerned, only non-sensitive and non-warlike materials contained in the list attached to Annex 19-4 are covered.
(
1
)
  Postal activities as per act of 24 December 1993.
(
2
)
  Acts as the central purchasing entity for all the Italian public administration.
ANNEX 19-2
Sub-central government entities which procure in accordance with the provisions of the Chapter
Section A: All regional or local contracting authorities
1.
All contracting authorities of the administrative units as defined by Regulation 1059/2003 — NUTS Regulation.
2.
For the purposes of this Chapter, ‘regional contracting authorities’ shall be understood as contracting authorities of the administrative units falling under NUTS 1 and 2, as referred to by Regulation 1059/2003 — NUTS Regulation.
3.
For the purposes of this Chapter, ‘local contracting authorities’ shall be understood as contracting authorities of the administrative units falling under NUTS 3 and smaller administrative units, as referred to by Regulation 1059/2003 — NUTS Regulation.
Goods
Specified in Annex 19-4
Thresholds
SDR 200,000
Services
Specified in Annex 19-5
Thresholds
SDR 200,000
Construction services and works concessions
Specified in Annex 19-6
Thresholds
SDR 5,000,0000
Section B: All contracting authorities which are bodies governed by public law as defined by European Union procurement directive
Goods
Specified in Annex 19-4
Thresholds — for hospitals, schools, universities, and entities providing social services (housing, social insurance, day care), that are bodies governed by public law:
SDR 200,000
for other entities:
SDR 355,000
Services
Specified in Annex 19-5
Thresholds — for hospitals, schools, universities, and entities providing social services (housing, social insurance, day care), that are bodies governed by public law:
SDR 200,000
for other entities:
SDR: 355,000
Construction services and works concessions
Specified in Annex 19-6
Thresholds
SDR 5,000,000
A ‘
               
body governed by public law
’ means any body:
(a)
established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;
(b)
having legal personality; and
(c)
financed, for the most part, by the State, or regional or local authorities, or other bodies governed by public law, or subject to management supervision by those bodies, or having an administrative, managerial or supervisory board; more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law.
Notes to the European Union's Annex 19-2
1.
The procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered by this Chapter shall not be considered as covered procurement.
2.
The European Union stands ready to cover easily identifiable categories of bodies governed by public law in Annex 19-2 (active in areas such as social services or libraries) under a lower threshold (SDR 200,000) if Canada demonstrates that the same threshold applies to the same types of entities in Canada.
ANNEX 19-3
Utilities which procure in accordance with the provisions of this Chapter
Goods
Specified in Annex 19-4
Thresholds
SDR 400,000
Services
Specified in Annex 19-5
Thresholds
SDR 400,000
Construction services and works concessions
Specified in Annex 19-6
Thresholds
SDR 5,000,000
All contracting entities whose procurement is covered by the European Union utilities directive which are contracting authorities (for example, those covered under Annexes 19-1 and 19-2) or public undertakings 
(
1
)
 and which have as one of their activities any of those referred to below or any combination thereof:
(a)
the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks; 
(
2
)
(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, gas, and heat, or the supply of electricity, gas and heat to such networks;
(c)
the provision or operation of networks 
(
3
)
 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable 
(
4
)
;
(d)
the provision or operation of networks providing a service to the public in the field of transport by railways.
Notes to the European Union's Annex 19-3
1.
Contracts awarded for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.
2.
This Chapter shall not apply to contracts awarded by procuring entities covered under this Annex:
(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 this Annex or for the pursuit of such activities in a non-European Economic Area country;
(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 subparagraphs (a) or (b) of this Annex where:
(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 referred to in subparagraphs (a) to (d) of this Annex; and
(b)
supply to the public network depends only on the entity's own consumption and has not exceeded 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.
4.
The supply of gas or heat to networks which provide aservice to the public by a contracting entity other than acontracting authority shall not be considered a relevant activity within the meaning of subparagraph (b) of this Annex where:
(a)
the production of gas or heat by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in subparagraphs (a) to (d ) of this Annex; and
(b)
supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 per cent of the entity's turnover having regard to the average for the preceding three years, including the current year.
5.
(a)
Provided that the conditions in subparagraph (b) are met, this Chapter shall not apply to contracts awarded:
(i)
by a procuring entity to an affiliated undertaking 
(
5
)
; or
(ii)
by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of subparagraphs (a) to (d) of this Annex, to an undertaking which is affiliated with one of these procuring entities.
(b)
Subparagraph (a) shall apply to services or supplies contracts provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to undertakings with which it is affiliated. 
(
6
)
6.
This Chapter shall 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 within the meaning of subparagraphs (a) to (d) of this Annex, to one of these procuring entities; or
(b)
by a procuring entity to such a joint venture of which it forms part, provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period.
7.
This Chapter shall not apply to procurements by procuring entities covered by this Annex for the purpose of activities relating to the exploitation of a geographical area for the purpose of exploring for, or extracting of, oil, gas, coal or other solid fuels.
(
1
)
  According to the European Union utilities directive, a public undertaking is any undertaking over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.
A dominant influence on the part of the contracting authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking:
(a)
hold the majority of the undertaking's subscribed capital;
(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.
(
2
)
  For greater certainty, it is noted that if and where such networks include the disposal and treatment of sewage, that part of the operation shall also be covered.
(
3
)
  As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of an European Union Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.
(
4
)
  For the procurement of mass transit vehicles, Canadian bidders must be treated no less favourably than European Union bidders or other third country bidders. A mass transit vehicle refers to a street car, bus, trolley bus, subway car, light rail car or passenger locomotive for subway or light rail used for public transportation.
(
5
)
  
            ‘
            
affiliated undertaking
’ means any undertaking the annual accounts of which are consolidated with those of the procuring entity in accordance with the requirements of Council Directive 83/349/EEC on consolidated accounts, or in case of entities not subject to that Directive, any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
(
6
)
  When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.
ANNEX 19-4
GOODS
1.
This Chapter will apply to the procurement of all goods procured by the entities listed in Annexes 19-1 through 19-3, unless otherwise specified in this Chapter.
2.
This Chapter covers only the supplies and equipment that are described in the Chapters of the Combined Nomenclature (CN) specified below and that are purchased by Ministries of Defence in Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Greece, Croatia, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom that are covered by the Agreement:
Chapter 25:
Salt, sulphur, earths and stone, plastering materials, lime and cement
Chapter 26:
Metallic ores, slag and ash
Chapter 27:
Mineral fuels, mineral oils and products of their distillation, bituminous substances, mineral waxes
except:
ex 27.10: special engine fuels
Chapter 28:
Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radio-active elements and isotopes
except:
ex 28.09: explosives
ex 28.13: explosives
ex 28.14: tear gas
ex 28.28: explosives
ex 28.32: explosives
ex 28.39: explosives
ex 28.50: toxic products
ex 28.51: toxic products
ex 28.54: explosives
Chapter 29:
Organic chemicals
except:
ex 29.03: explosives
ex 29.04: explosives
ex 29.07: explosives
ex 29.08: explosives
ex 29.11: explosives
ex 29.12: explosives
ex 29.13: toxic products
ex 29.14: toxic products
ex 29.15: toxic products
ex 29.21: toxic products
ex 29.22: toxic products
ex 29.23: toxic products
ex 29.26: explosives
ex 29.27: toxic products
ex 29.29: explosives
Chapter 30:
Pharmaceutical products
Chapter 31:
Fertilizers
Chapter 32:
Tanning and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks
Chapter 33:
Essential oils and resinoids, perfumery, cosmetic or toilet preparations
Chapter 34:
Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and 'dental waxes'
Chapter 35:
Albuminoidal substances, glues, enzymes
Chapter 37:
Photographic and cinematographic goods
Chapter 38:
Miscellaneous chemical products
except:
ex 38.19: toxic products
Chapter 39:
Artificial resins and plastic materials, cellulose esters and ethers, articles thereof
Chapter 40:
Rubber, synthetic rubber, factice, and articles thereof
except:
ex 40.11: bullet-proof tyres
Chapter 41:
Raw hides and skins (other than fur skins) and leather
Chapter 42:
Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut)
Chapter 43:
Furskins and artificial fur, manufactures thereof
Chapter 44:
Wood and articles of wood, wood charcoal
Chapter 45:
Cork and articles of cork
Chapter 46:
Manufactures of straw of esparto and of other plaiting materials, basket ware and wickerwork
Chapter 47:
Paper-making material
Chapter 48:
Paper and paperboard, articles of paper pulp, of paper or of paperboard
Chapter 49:
Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans
Chapter 65:
Headgear and parts thereof
Chapter 66:
Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof
Chapter 67:
Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair
Chapter 68:
Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials
Chapter 69:
Ceramic products
Chapter 70:
Glass and glassware
Chapter 71:
Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery
Chapter 73:
Iron and steel and articles thereof
Chapter 74:
Copper and articles thereof
Chapter 75:
Nickel and articles thereof
Chapter 76:
Aluminium and articles thereof
Chapter 77:
Magnesium and beryllium and articles thereof
Chapter 78:
Lead and articles thereof
Chapter 79:
Zinc and articles thereof
Chapter 80:
Tin and articles thereof
Chapter 81:
Other base metals employed in metallurgy and articles thereof
Chapter 82:
Tools, implements, cutlery, spoons and forks, of base metal, parts thereof
except:
ex 82.05: tools
ex 82.07: tools, parts
Chapter 83:
Miscellaneous articles of base metal
Chapter 84:
Boilers, machinery and mechanical appliances, parts thereof
except:
ex 84.06: engines
ex 84.08: other engines
ex 84.45: machinery
ex 84.53: automatic data-processing machines
ex 84.55: parts of machines under heading No 84.53
ex 84.59: nuclear reactors
Chapter 85:
Electrical machinery and equipment, parts thereof
except:
ex 85.13: telecommunication equipment
ex 85.15: transmission apparatus
Chapter 86:
Railway and tramway locomotives, rolling-stock and parts thereof; railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered)
except:
ex 86.02: armoured locomotives, electric
ex 86.03: other armoured locomotives
ex 86.05: armoured wagons
ex 86.06: repair wagons
ex 86.07: wagons
Chapter 87:
Vehicles, other than railway or tramway rolling-stock, and parts thereof
except:
ex 87.08: tanks and other armoured vehicles
ex 87.01: tractors
ex 87.02: military vehicles
ex 87.03: breakdown lorries
ex 87.09: motorcycles
ex 87.14: trailers
Chapter 89:
Ships, boats and floating structures
except:
ex 89.01 A: warships
Chapter 90:
Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus, parts thereof
except:
ex 90.05: binoculars
ex 90.13: miscellaneous instruments, lasers
ex 90.14: telemeters
ex 90.28: electrical and electronic measuring instruments
ex 90.11: microscopes
ex 90.17: medical instruments
ex 90.18: mechano-therapy appliances
ex 90.19: orthopaedic appliances
ex 90.20: X-ray apparatus
Chapter 91:
Manufacture of watches and clocks
Chapter 92:
Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles
Chapter 94:
Furniture and parts thereof, bedding, mattresses, mattress supports, cushions and similar stuffed furnishings
except:
ex 94.01 A: aircraft seats
Chapter 95:
Articles and manufactures of carving or moulding material
Chapter 96:
Brooms, brushes, powder-puffs and sieves
Chapter 98:
Miscellaneous manufactured articles
ANNEX 19-5
Services
Of the Universal List of Services, as contained in document MTN.GNS/W/120, the following services are included:
Service
CPC Reference
Repair services of personal and household goods
633
Commercial courier services (including multi-modal)
7512
Electronic data interchange (EDI)
Electronic mail
Enhanced/value-added facsimile services, including store and forward, store and retrieve
Code and protocol conversion
On-line information and data base retrieval
Voice mail
7523
Real estate services on a fee or contract basis
822
Consultancy services related to the installation of computer hardware
841
Software implementation services, including systems and software consulting services, systems analysis, design, programming and maintenance services
842
Data processing services, including processing, tabulation and facilities management services
On-line information and/or data processing (including transaction processing)
843
Data base services
844
Maintenance and repair services of office machinery and equipment including computers
845
Other computer services
849
General management consulting services
86501
Marketing management consulting services
86503
Human resources management consulting services
86504
Production management consulting services
86505
Services related to management consulting (except arbitration and conciliation services)
866
Architectural services
8671
Engineering services
8672
Integrated engineering services (excluding 86731 Integrated engineering services for transportation infrastructure turnkey projects)
8673
Urban planning and landscape architectural services
8674
Technical testing and analysis services including quality control and inspection (except with reference to FSC 58 and transportation equipment)
8676
Building-cleaning services
874
Repair services incidental to metal products, machinery and equipment
8861 to 8864, and 8866
Sewage and refuse disposal, sanitation and similar services
94
Notes to the European Union's Annex 19-5
1.
For procuring entities covered under Annex 19-2, the thresholds will be SDR 355,000 when an entity procures consulting services regarding matters of a confidential nature, the disclosure of which could reasonably be expected to compromise government confidences, cause economic disruption or similarly be contrary to public interest.
2.
This Chapter 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.
The European Union stands ready, should the ongoing revision of European Union legislation on public procurement result in a widening of the scope of services and services concessions covered by that legislation, to take up negotiations with Canada in view of extending the mutual coverage of services and services concessions of this Chapter.
ANNEX 19-6
Construction services and works concessions
Section A: Construction services
Definition:
A construction services contract is 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.
List of Division 51, CPC:
All services listed in Division 51.
Section B: Works concessions
Works concessions contracts, when awarded by entities listed in Annexes 19-1 and 19-2, are subject only to Articles 19.1, 19.2, 19.4, 19.5, 19.6 (except subparagraphs 3 (e) and (l)), 19.15 (except paragraphs 3 and 4) and 19.17 of the Chapter.
ANNEX 19-7
General Notes
1.
This Chapter shall not apply to:
(a)
(i)
procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes (for example food aid, including urgent relief aid); and
(ii)
procurement for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time;
(b)
contracts awarded by procuring entities covered under Annexes 19-1 and 19-2 in connection with activities in the fields of drinking water, energy, transport and the postal sector, unless covered under Annex 19-3;
(c)
procurement related to shipbuilding and maintainance by
(i)
procuring entities covered under Annex 19-3;
(ii)
bodies governed by public law covered under Annex 19-2; and
(iii)
local contracting authorities covered in Section B of Annex 19-2 (identified therein as administrative units NUTS 3 and smaller); or
(d)
goods and services that are procured by a covered entity internally or that are supplied by one covered entity to another.
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 shall apply.
3.
The European Union will provide to Canadian suppliers access to pre-contractual remedies under Article 19.17 of this Chapter for the first ten years after the entry into force of this Agreement. Thereafter the access of Canadian suppliers to pre-contractual remedies will be made dependent on the outcome of the negotiations provided for under Article 19.17.8.
ANNEX 19-8
Publication Media
Section A:
Electronic or paper media utilised for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses, and procedures regarding government procurement covered by this Agreement pursuant to Article 19.5:
1.
BELGIUM
1.1   Laws, royal regulations, ministerial regulations, ministerial circulars:
1.
le Moniteur Belge
1.2   Jurisprudence:
1.
Pasicrisie
2.
BULGARIA
2.1   Laws and Regulations:
1.
Държавен вестник (State Gazette)
2.2   Judicial decisions:
1.
http://www.sac.government.bg
2.3   Administrative rulings of general application and any procedure:
1.
http://www.aop.bg
2.
http://www.cpc.bg.
3.
CZECH REPUBLIC
3.1   Laws and Regulations:
1.
Collection of Laws of the Czech Republic
3.2   Rulings of the Office for the Protection of Competition:
1.
Collection of Rulings of the Office for the Protection of Competition
4.
DENMARK
4.1   Laws and regulations:
1.
Lovtidende
4.2   Judicial decisions:
1.
Ugeskrift for Retsvaesen
4.3   Administrative rulings and procedures:
1.
Ministerialtidende
4.4   Rulings by the Danish Complaints Board for Public Procurement:
1.
Kendelser fra Klagenævnet for Udbud
5.
GERMANY
5.1   Legislation and regulations:
1.
Bundesgesetzblatt
2.
Bundesanzeiger
5.2   Judicial Decisions:
1.
Entscheidungsammlungen des: Bundesverfassungsgerichts; Bundesgerichtshofs; Bundesverwaltungsgerichts Bundesfinanzhofs sowie der Oberlandesgerichte
6.
ESTONIA
6.1   Laws, regulations and administrative rulings of general application:
1.
Riigi Teataja — http://www.riigiteataja.ee
6.2   Procedures regarding government procurement:
1.
https://riigihanked.riik.ee
7.
IRELAND
7.1   Legislation and regulations:
1.
Iris Oifigiuil (Official Gazette of the Irish Government).
8.
GREECE
8.1   Epishmh efhmerida eurwpaikwn koinothtwn (Government Gazette of Greece)
9.
SPAIN
9.1   Legislation:
1.
Boletin Oficial del Estado
9.2   Judicial rulings:
1.
No official publication
10.
FRANCE
10.1   Legislation:
1.
Journal Officiel de la République française
10.2   Jurisprudence:
1.
Recueil des arrêts du Conseil d'État
10.3   Revue des marchés publics
11.
CROATIA
11.1   Narodne novine — http://www.nn.hr
12.
ITALY
12.1   Legislation:
1.
Gazzetta Ufficiale
12.2   Jurisprudence:
1.
No official publication
13.
CYPRUS
13.1   Legislation:
1.
Επίσημη Εφημερίδα της Δημοκρατίας (Official Gazette of the Republic)
13.2   Judicial decisions:
1.
Αποφάσεις Ανωτάτου Δικαστηρίου 1999 — Τυπογραφείο της Δημοκρατίας (Decisions of the Supreme High Court — Printing Office)
14.
LATVIA
14.1   Legislation:
1.
Latvijas vēstnesis (Official Newspaper)
15.
LITHUANIA
15.1   Laws, regulations and administrative provisions:
1.
Teisės aktų registras (Register of Legal Acts)
15.2   Judicial decisions, jurisprudence:
1.
Bulletin of the Supreme Court of Lithuania ‘Teismų praktika’
2.
Bulletin of the Supreme Administrative Court of Lithuania ‘Administracinių teismų praktika’
16.
LUXEMBOURG
16.1   Legislation:
1.
Memorial
16.2   Jurisprudence:
1.
Pasicrisie
17.
HUNGARY
17.1   Legislation:
1.
Magyar Közlöny (Official Journal of the Republic of Hungary)
17.2   Jurisprudence:
1.
Közbeszerzési Értesítő — a Közbeszerzések Tanácsa Hivatalos Lapja (Public Procurement Bulletin — Official Journal of the Public Procurement Council)
18.
MALTA
18.1   Legislation:
1.
Government Gazette
19.
NETHERLANDS
19.1   Legislation:
1.
Nederlandse Staatscourant or Staatsblad
19.2   Jurisprudence:
1.
No official publication
20.
AUSTRIA
20.1   Legislation:
1.
Österreichisches Bundesgesetzblatt
2.
Amtsblatt zur Wiener Zeitung
20.2   Judicial decisions:
1.
Entscheidungen des Verfassungsgerichtshofes, Verwaltungsgerichtshofes,Obersten Gerichtshofes, der Oberlandesgerichte, des Bundesverwaltungsgerichtes und der Landesverwaltungsgerichte — http://ris.bka.gv.at/Judikatur/
21.
POLAND
21.1   Legislation:
1.
Dziennik Ustaw Rzeczypospolitej Polskiej (Journal of Laws — Republic of Poland)
21.2   Judicial decisions, jurisprudence:
1.
‘Zamówienia publiczne w orzecznictwie. Wybrane orzeczenia zespołu arbitrów i Sądu Okręgowego w Warszawie’ (Selection of judgments of arbitration panels and Regional Court in Warsaw)
22.
PORTUGAL
22.1   Legislation:
1.
Diário da República Portuguesa 1a Série A e 2a série
22.2   Judicial Publications:
1.
Boletim do Ministério da Justiça
2.
Colectânea de Acordos do Supremo Tribunal Administrativo
3.
Colectânea de Jurisprudencia Das Relações
23.
ROMANIA
23.1   Laws and Regulations:
1.
Monitorul Oficial al României (Official Journal of Romania)
23.2   Judicial decisions, administrative rulings of general application and any procedure:
1.
http://www.anrmap.ro
24.
SLOVENIA
24.1   Legislation:
1.
Official Gazette of the Republic of Slovenia
24.2   Judicial decisions:
1.
No official publication
25.
SLOVAKIA
25.1   Legislation:
1.
Zbierka zákonov (Collection of Laws)
25.2   Judicial decisions:
1.
No official publication
26.
FINLAND
26.1   Suomen Säädöskokoelma — Finlands Författningssamling (The Collection of the Statutes of Finland)
27.
SWEDEN
27.1   Svensk Författningssamling (Swedish Code of Statutes)
28.
UNITED KINGDOM
28.1   Legislation:
1.
HM Stationery Office
28.2   Jurisprudence:
1.
Law Reports.
28.3   
                     ‘Public Bodies’:
1.
HM Stationery Office
Section B:
Electronic or paper media utilised for the publication of notices required by Articles 19.6, 19.8.7 and 19.15.2 pursuant to Article 19.5:
1.
BELGIUM
1.1   Official Journal of the European Union
1.2   Le Bulletin des Adjudications
1.3   Other publications in the specialized press
2.
BULGARIA
2.1   Official Journal of the European Union
2.2   Държавен вестник (State Gazette) — http://dv.parliament.bg
2.3   Public Procurement Register — http://www.aop.bg
3.
CZECH REPUBLIC
3.1   Official Journal of the European Union
4.
DENMARK
4.1   Official Journal of the European Union
5.
GERMANY
5.1   Official Journal of the European Union
6.
ESTONIA
6.1   Official Journal of the European Union
7.
IRELAND
7.1   Official Journal of the European Union
7.2   Daily Press: ‘Irish Independent’, ‘Irish Times’, ‘Irish Press’, ‘Cork Examiner’
8.
GREECE
8.1   Official Journal of the European Union
8.2   Publication in the daily, financial, regional and specialized press
9.
SPAIN
9.1   Official Journal of the European Union
10.
FRANCE
10.1   Official Journal of the European Union
10.2   Bulletin officiel des annonces des marchés publics
11.
CROATIA
11.1   Official Journal of the European Union
11.2   Elektronički oglasnik javne nabave Republike Hrvatske (Electronic Public Procurement Classifieds of the Republic of Croatia)
12.
ITALY
12.1   Official Journal of the European Union
13.
CYPRUS
13.1   Official Journal of the European Union
13.2   Official Gazette of the Republic
13.3   Local Daily Press
14.
LATVIA
14.1   Official Journal of the European Union
14.2   Latvijas vēstnesis (Official newspaper)
15.
LITHUANIA
15.1   Official Journal of the European Union
15.2   Centrinė viešųjų pirkimų informacinė sistema (Central Portal of Public Procurement)
15.3   Information supplement‘Informaciniai pranešimai’ to the Official Gazette (‘Valstybės žinios’) of the Republic of Lithuania.
16.
LUXEMBOURG
16.1   Official Journal of the European Union
16.2   Daily Press
17.
HUNGARY
17.1   Official Journal of the European Union
17.2   Közbeszerzési Értesítő — a Közbeszerzések Tanácsa Hivatalos Lapja (Public Procurement Bulletin — Official Journal of the Public Procurement Council)
18.
MALTA
18.1   Official Journal of the European Union
18.2   Government Gazette
19.
NETHERLANDS
19.1   Official Journal of the European Union
20.
AUSTRIA
20.1   Official Journal of the European Union
20.2   Amtsblatt zur Wiener Zeitung
21.
POLAND
21.1   Official Journal of the European Union
21.2   Biuletyn Zamówień Publicznych (Public Procurement Bulletin)
22.
PORTUGAL
22.1   Official Journal of the European Union.
23.
ROMANIA
23.1   Official Journal of the European Union
23.2   Monitorul Oficial al României (Official Journal of Romania)
23.3   Electronic System for Public Procurement — http://www.e-licitatie.ro
24.
SLOVENIA
24.1   Official Journal of the European Union
24.2   Portal javnih naročil — http://www.enarocanje.si/?podrocje=portal
25.
SLOVAKIA
25.1   Official Journal of the European Union
25.2   Vestník verejného obstarávania (Journal of Public Procurement)
26.
FINLAND
26.1   Official Journal of the European Union
26.2   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)
27.
SWEDEN
27.1   Official Journal of the European Union
28.
UNITED KINGDOM
28.1   Official Journal of the European Union
Section C:
Website address or addresses where Parties publish procurement statistics pursuant to Article 19.15.5 and notices concerning awarded contracts pursuant to Article 19.15.6:
1.
Notices concerning awarded contracts by entities listed in Annexes 19-1 through 19-3 of the European Union's Market Access Schedule are published on the Official Journal of the European Union, online version, Tenders Electronic Daily — http://ted.europa.eu
ANNEX 20-A
PART A
Geographical Indications Identifying a Product Originating in the European Union
Indication
Transliteration
(for information purposes only)
Product Class
Place of Origin
(Territory, Region or Locality)
České pivo
beer
Czech Republic
Žatecký Chmel
hops
Czech Republic
Hopfen aus der Hallertau
hops
Germany
Nürnberger Bratwürste**
fresh, frozen and processed meats
Germany
Nürnberger Rostbratwürste
fresh, frozen and processed meats
Germany
Schwarzwälder Schinken
fresh, frozen and processed meats
Germany
Aachener Printen
confectionery and baked products
Germany
Nürnberger Lebkuchen
confectionery and baked products
Germany
Lübecker Marzipan
confectionery and baked products
Germany
Bremer Klaben
confectionery and baked products
Germany
Hessischer Handkäse
cheeses
Germany
Hessischer Handkäs
cheeses
Germany
Tettnanger Hopfen
hops
Germany
Spreewälder Gurken
fresh and processed vegetable products
Germany
Danablu
cheeses
Denmark
Ελιά Καλαμάτας
Elia Kalamatas
table and processed olives
Greece
Μαστίχα Χίου
Masticha Chiou
natural gums and resins — chewing gum
Greece
Φέτα*
Feta
cheeses
Greece
Ελαιόλαδο Καλαμάτας
Kalamata olive oil
oils and animal fats
Greece
Ελαιόλαδο Κολυμβάρι Χανίων Κρήτης
Kolymvari Chanion Kritis Olive Oil
oils and animal fats
Greece
Ελαιόλαδο Σητείας Λασιθίου Κρήτης
Sitia Lasithiou Kritis Olive oil
oils and animal fats
Greece
Ελαιόλαδο Λακωνία
Olive Oil Lakonia
oils and animal fats
Greece
Κρόκος Κοζάνης
Krokos Kozanis
spices
Greece
Κεφαλογραβιέρα
Kefalograviera
cheeses
Greece
Γραβιέρα Κρήτης
Graviera Kritis
cheeses
Greece
Γραβιέρα Νάξου
Graviera Naxou
cheeses
Greece
Μανούρι
Manouri
cheeses
Greece
Κασέρι
Kasseri
cheeses
Greece
Φασόλια Γίγαντες Ελέφαντες Καστοριάς
Fassolia Gigantes Elefantes Kastorias
fresh and processed vegetable products
Greece
Φασόλια Γίγαντες Ελέφαντες Πρεσπών Φλώρινας
Fassolia Gigantes Elefantes Prespon Florinas
fresh and processed vegetable products
Greece
Κονσερβολιά Αμφίσσης
Konservolia Amfissis
table and processed olives
Greece
Λουκούμι Γεροσκήπου
Loukoumi Geroskipou
confectionery and baked products
Cyprus
Baena
oils and animal fats
Spain
Sierra Mágina
oils and animal fats
Spain
Aceite del Baix Ebre-Montsía
oils and animal fats
Spain
Oli del Baix Ebre-Montsía
oils and animal fats
Spain
Aceite del Bajo Aragón
oils and animal fats
Spain
Antequera
oils and animal fats
Spain
Priego de Córdoba
oils and animal fats
Spain
Sierra de Cádiz
oils and animal fats
Spain
Sierra de Segura
oils and animal fats
Spain
Sierra de Cazorla
oils and animal fats
Spain
Siurana
oils and animal fats
Spain
Aceite de Terra Alta
oils and animal fats
Spain
Oli de Terra Alta
oils and animal fats
Spain
Les Garrigues
oils and animal fats
Spain
Estepa
oils and animal fats
Spain
Guijuelo
fresh, frozen and processed meats
Spain
Jamón de Huelva
fresh, frozen and processed meats
Spain
Jamón de Teruel
fresh, frozen and processed meats
Spain
Salchichón de Vic
fresh, frozen and processed meats
Spain
Llonganissa de Vic
fresh, frozen and processed meats
Spain
Mahón-Menorca
cheeses
Spain
Queso Manchego
cheeses
Spain
Cítricos Valencianos
fresh and processed fruits and nuts
Spain
Cîtrics Valancians
fresh and processed fruits and nuts
Spain
Jijona
confectionery and baked products
Spain
Turrón de Alicante
confectionery and baked products
Spain
Azafrán de la Mancha
spices
Spain
Comté
cheeses
France
Reblochon
cheeses
France
Reblochon de Savoie
cheeses
France
Roquefort
cheeses
France
Camembert de Normandie
cheeses
France
Brie de Meaux
cheeses
France
Emmental de Savoie
cheeses
France
Pruneaux d'Agen
fresh and processed fruits and nuts
France
Pruneaux d'Agen mi-cuits
fresh and processed fruits and nuts
France
Huîtres de Marennes-Oléron
fresh, frozen and processed fish products
France
Canards à foie gras du Sud-Ouest: Chalosse
fresh, frozen and processed meats
France
Canards à foie gras du Sud-Ouest: Gascogne
fresh, frozen and processed meats
France
Canards à foie gras du Sud-Ouest: Gers
fresh, frozen and processed meats
France
Canards à foie gras du Sud-Ouest: Landes
fresh, frozen and processed meats
France
Canards à foie gras du Sud-Ouest: Périgord
fresh, frozen and processed meats
France
Canards à foie gras du Sud-Ouest: Quercy
fresh, frozen and processed meats
France
Jambon de Bayonne***
dry-cured meats
France
Huile d'olive de Haute-Provence
oils and animal fats
France
Huile essentielle de lavande de Haute-Provence
essential oils
France
Morbier
cheeses
France
Epoisses
cheeses
France
Beaufort***
cheeses
France
Maroilles
cheeses
France
Marolles
cheeses
France
Munster*
cheeses
France
Munster Géromé
cheeses
France
Fourme d'Ambert
cheeses
France
Abondance
cheeses
France
Bleu d'Auvergne
cheeses
France
Livarot
cheeses
France
Cantal
cheeses
France
Fourme de Cantal
cheeses
France
Cantalet
cheeses
France
Petit Cantal
cheeses
France
Tomme de Savoie
cheeses
France
Pont — L'Evêque
cheeses
France
Neufchâtel
cheeses
France
Chabichou du Poitou
cheeses
France
Crottin de Chavignol
cheeses
France
Saint-Nectaire
cheeses
France
Piment d'Espelette
spices
France
Lentille verte du Puy
fresh and processed vegetable products
France
Aceto balsamico Tradizionale di Modena
vinegar
Italy
Aceto balsamico di Modena
vinegar
Italy
Cotechino Modena
fresh, frozen and processed meats
Italy
Zampone Modena
fresh, frozen and processed meats
Italy
Bresaola della Valtellina
fresh, frozen and processed meats
Italy
Mortadella Bologna
fresh, frozen and processed meats
Italy
Prosciutto di Parma
dry-cured meats
Italy
Prosciutto di S. Daniele
dry-cured meats
Italy
Prosciutto Toscano
dry-cured meats
Italy
Prosciutto di Modena
dry-cured meats
Italy
Provolone Valpadana
cheeses
Italy
Taleggio
cheeses
Italy
Asiago*
cheeses
Italy
Fontina*
cheeses
Italy
Gorgonzola*
cheeses
Italy
Grana Padano
cheeses
Italy
Mozzarella di Bufala Campana
cheeses
Italy
Parmigiano Reggiano
cheeses
Italy
Pecorino Romano
cheeses
Italy
Pecorino Sardo
cheeses
Italy
Pecorino Toscano
cheeses
Italy
Arancia Rossa di Sicilia
fresh and processed fruits and nuts
Italy
Cappero di Pantelleria
fresh and processed fruits and nuts
Italy
Kiwi Latina
fresh and processed fruits and nuts
Italy
Lenticchia di Castelluccio di Norcia
fresh and processed vegetable products
Italy
Mela Alto Adige
fresh and processed fruits and nuts
Italy
Südtiroler Apfel
fresh and processed fruits and nuts
Italy
Pesca e nettarina di Romagna
fresh and processed fruits and nuts
Italy
Pomodoro di Pachino
fresh and processed vegetable products
Italy
Radicchio Rosso di Treviso
fresh and processed vegetable products
Italy
Ricciarelli di Siena
confectionery and baked products
Italy
Riso Nano Vialone Veronese
cereals
Italy
Speck Alto Adige
fresh, frozen and processed meats
Italy
Südtiroler Markenspeck
fresh, frozen and processed meats
Italy
Südtiroler Speck
fresh, frozen and processed meats
Italy
Veneto Valpolicella
oils and animal fats
Italy
Veneto Euganei e Berici
oils and animal fats
Italy
Veneto del Grappa
oils and animal fats
Italy
Culatello di Zibello
fresh, frozen and processed meats
Italy
Garda
fresh, frozen and processed meats
Italy
Lardo di Colonnata
fresh, frozen and processed meats
Italy
Szegedi téliszalámi
fresh, frozen and processed meats
Hungary
Szegedi szalámi
fresh, frozen and processed meats
Hungary
Tiroler Speck
fresh, frozen and processed meats
Austria
Steirischer Kren
fresh and processed vegetable products
Austria
Steirisches Kürbiskernöl
oilseeds
Austria
Queijo S. Jorge
cheeses
Portugal
Azeite de Moura
oils and animal fats
Portugal
Azeites de Trás-os-Montes
oils and animal fats
Portugal
Azeite do Alentejo Interior
oils and animal fats
Portugal
Azeites da Beira Interior
oils and animal fats
Portugal
Azeites do Norte Alentejano
oils and animal fats
Portugal
Azeites do Ribatejo
oils and animal fats
Portugal
Pêra Rocha do Oeste
fresh and processed fruits and nuts
Portugal
Ameixa d'Elvas
fresh and processed fruits and nuts
Portugal
Ananás dos Açores / S. Miguel
fresh and processed fruits and nuts
Portugal
Chouriça de carne de Vinhais
fresh, frozen and processed meats
Portugal
Linguiça de Vinhais
fresh, frozen and processed meats
Portugal
Chouriço de Portalegre
fresh, frozen and processed meats
Portugal
Presunto de Barrancos
fresh, frozen and processed meats
Portugal
Queijo Serra da Estrela
cheeses
Portugal
Queijos da Beira Baixa
cheeses
Portugal
Queijo de Castelo Branco
cheeses
Portugal
Queijo Amarelo da Beira Baixa
cheeses
Portugal
Queijo Picante da Beira Baixa
cheeses
Portugal
Salpicão de Vinhais
fresh, frozen and processed meats
Portugal
Gouda Holland
cheeses
Netherlands
Edam Holland
cheeses
Netherlands
Kalix Löjrom
fresh, frozen and processed fish products
Sweden
Magiun de prune Topoloveni
fresh and processed fruits and nuts
Romania
PART B
Geographical Indications Identifying a Product Originating in Canada
Indication
Transliteration
(For information purposes only)
Product Class
Place of Origin
(Territory, Region or Locality)
ANNEX 20-B
TERMS REFERRED TO IN ARTICLES 20.21.11 AND 20.21.12
PART A
Valencia Orange
Orange Valencia
Valencia
Black Forest Ham
Jambon Forêt Noire
Tiroler Bacon
(
1
)
Bacon Tiroler
(
1
)
Parmesan
St. George Cheese
Fromage St-George[s]
PART B
The term ‘comté’ in association with food products when used to refer to a county (for example ‘Comté du Prince-Edouard’; ‘Prince Edward County’; ‘Comté de Prescott-Russell’; ‘Prescott-Russell County’).
The term ‘Beaufort’ in association with cheese products, produced in the proximity of the geographical place called ‘Beaufort range’, Vancouver Island, British Columbia.
(
1
)
  The use of spelling variations in English or French shall be permitted, including ‘Tyrol’, ‘Tiroler’, ‘Tyroler’, and ‘Tirolien’.
ANNEX 20-C
PRODUCT CLASSES
1.
fresh, frozen and processed meats
 means products falling under Chapter 2 and heading 16.01 or 16.02 of the Harmonized System.
2.
dry-cured meats
 means dry cured meat products falling under Chapter 2 and heading 16.01 or 16.02 of the Harmonized System.
3.
hops
 means products falling under heading 12.10 of the Harmonized System;
4.
fresh, frozen and processed fish products
 means products falling under Chapter 3 and heading 16.03, 16.04 or 16.05 of the Harmonized System;
5.
butter
 means products falling under heading 04.05 of the Harmonized System;
6.
cheeses
 means products falling under heading 04.06 of the Harmonized System;
7.
fresh and processed vegetable products
 means products falling under Chapter 7 of the Harmonized System and products containing vegetables falling under Chapter 20 of the Harmonized System;
8.
fresh and processed fruits and nuts
 means products falling under Chapter 8 of the Harmonized System and products containing fruits or nuts falling under Chapter 20 of the Harmonized System;
9.
spices
 means products falling under Chapter 9 of the Harmonized System;
10.
cereals
 means products falling under Chapter 10 of the Harmonized System;
11.
products of the milling industry
 means products falling under Chapter 11 of the Harmonized System;
12.
oilseeds
 means products falling under Chapter 12 of the Harmonized System;
13.
beverages from plant extracts
 means products falling under heading 13.02 of the Harmonized System;
14.
oils and animal fats
 means products falling under Chapter 15 of the Harmonized System;
15.
confectionery and baked products
 means products falling under heading 17.04, 18.06, 19.04, or 19.05 of the Harmonized System;
16.
pasta
 means products falling under heading 19.02 of the Harmonized System;
17.
table and processed olives
 means products falling under heading 20.01 or 20.05 of the Harmonized System;
18.
mustard paste
 means products falling under sub-heading 2103.30 of the Harmonized System;
19.
beer
 means products falling under heading 22.03 of the Harmonized System;
20.
vinegar
 means products falling under heading 22.09 of the Harmonized System;
21.
essential oils
 means products falling under heading 33.01 of the Harmonized System;
22.
natural gums and resins — chewing gum
 means products falling under heading 17.04 of the Harmonized System.
ANNEX 29-A
RULES OF PROCEDURE FOR ARBITRATION
Definitions and general provisions
1.
For this Chapter and under these Rules:
adviser
 means a natural person retained by a Party to advise or assist that Party in connection with the arbitration proceeding;
arbitration panel
 means a panel established under Article 29.7;
arbitrator
 means a member of an arbitration panel established under Article 29.7;
assistant
 means a natural person who, under the terms of appointment of an arbitrator conducts research for or provides assistance to the arbitrator;
day
 means a calendar day, unless otherwise specified;
legal holiday
 means every Saturday and Sunday and any other day designated by a Party as a holiday for the purposes of these Rules;
representative of a Party
 means an employee or any natural person appointed by a government department or agency or any other public entity of a Party who represents the Party for the purposes of a dispute under this Agreement;
responding Party
 means the Party that is alleged to be in violation of the provisions referred to in Article 29.2; and
requesting Party
 means any Party that requests the establishment of an arbitration panel under Article 29.6;
2.
The responding Party shall be in charge of the logistical administration of the arbitration proceedings, in particular the organisation of hearings, unless otherwise agreed. However, the Parties shall bear equally the administrative expenses of the arbitration proceedings as well as the remuneration and all travel, lodging and general expenses of the arbitrators and their assistants.
Notifications
3.
Unless agreed otherwise, the Parties and the arbitration panel shall transmit a request, notice, written submission or other document by email, with a copy submitted on the same day by facsimile transmission, registered post, courier, delivery against receipt or any other means of telecommunication that provides a record of its sending. Unless proven otherwise, an email message shall be deemed to be received on the same date of its sending.
4.
When communicating in writing, a Party shall provide an electronic copy of its communications to the other Party and to each of the arbitrators.
5.
Minor errors of a clerical nature in a request, notice, written submission or other document related to the arbitration proceeding may be corrected by delivery of a new document clearly indicating the changes.
6.
If the last day for delivery of a document falls on an official holiday or rest day in Canada or in the European Union, the document may be delivered on the next business day. No documents, notifications or requests of any kind shall be deemed to be received on a legal holiday.
7.
Depending on the provisions under dispute, all requests and notifications addressed to the CETA Joint Committee in accordance with this Chapter shall also be copied to the other relevant institutional bodies.
Commencing the arbitration
8.
Unless the Parties agree otherwise, they shall meet the arbitration panel within seven working days of its establishment in order to determine such matters that the Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators, which shall be in accordance with WTO standards. Remuneration for each arbitrator's assistant shall not exceed 50 per cent of the total remuneration of that arbitrator. Arbitrators and representatives of the Parties may take part in this meeting via telephone or video conference.
9.
(a)
Unless the Parties agree otherwise, within five working days of the date of the establishment of the arbitration panel, the terms of reference of the arbitration panel shall be:
‘
                                    
to examine, in the light of the relevant provisions of the Agreement, the matter referred to in the request for establishment of the arbitration panel, to rule on the compatibility of the measure in question with the provisions referred to in Article 29.2 and to make a ruling in accordance with Articles 29.10, 29.17 and 29.18
.’.
(b)
The Parties shall notify the agreed terms of reference to the arbitration panel within three working days of their agreement.
(c)
The arbitration panel may rule on its own jurisdiction.
Initial submissions
10.
The requesting Party shall deliver its initial written submission no later than 10 days after the date of establishment of the arbitration panel. The responding Party shall deliver its written counter-submission no later than 21 days after the date of delivery of the initial written submission.
Working of arbitration panels
11.
The chairperson of the arbitration panel shall preside over all meetings. An arbitration panel may delegate to the chairperson authority to make administrative and procedural decisions.
12.
Hearings shall take place in person. Unless otherwise provided in this Chapter and without prejudice to paragraph 30, the arbitration panel may conduct its other activities by any means, including telephone, facsimile transmissions or computer links.
13.
Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its assistants to be present at its deliberations.
14.
The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and must not be delegated.
15.
Findings, determinations and recommendations of the arbitration panel under Articles 29.9 and 29.10 should be made by consensus, but if consensus is not possible then by a majority of its members.
16.
Arbitrators may not issue separate opinions on matters not unanimously agreed.
17.
Where a procedural question arises that is not covered by the provisions of Chapter Twenty-Nine (Dispute Settlement), the arbitration panel, after consulting with the Parties, may adopt an appropriate procedure that is compatible with those provisions and that ensures equal treatment between the Parties.
18.
If the arbitration panel considers that there is a need to modify any time limit applicable in the proceedings or to make any other procedural or administrative adjustment as may be required for the fairness or efficiency of the proceedings, it shall inform the Parties in writing of the reasons for the modification or adjustment and of the period or adjustment needed. The arbitration panel may adopt such modification or adjustment after having consulted the Parties.
19.
Any time limit referred to in this Chapter and in this Annex may be modified by mutual consent of the Parties. Upon request of a Party, the arbitration panel may modify the time limits applicable in the proceedings.
20.
The arbitration panel shall suspend its work:
(a)
at the request of the requesting Party for a period specified in the request but not to exceed 12 consecutive months, and shall resume its work at the request of the requesting Party; or
(b)
after it has issued its interim report or in the case of a proceeding on a disagreement on equivalence under Article 29.14 or a proceeding under Article 29.15, only upon the request of both Parties for a period specified in the request, and shall resume its work at the request of either Party.
If there is no request for the resumption of the arbitration panel's work by the end of the period specified in the request for suspension, the proceeding shall be terminated. The termination of the arbitration panel's work is without prejudice to the rights of the Parties in another proceeding on the same matter under Chapter Twenty-Nine (Dispute Settlement).
Replacement
21.
If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be selected in accordance with Article 29.7.3.
22.
Where a Party considers that an arbitrator does not comply with the requirements of the code of conduct of Annex 29-B (‘Code of Conduct’) and for this reason must be replaced, that Party shall notify the other Party within 15 days from the time it came to know of the circumstances underlying the arbitrator's non-compliance with the Code of Conduct.
23.
Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 29.7.3.
If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.
If, pursuant to such a request, the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, she or he shall draw a new arbitrator by lot from the names on the list referred to in Article 29.8.1 and on which the original arbitrator was included. If the original arbitrator was chosen by the Parties pursuant to Article 29.7, the replacement shall be drawn by lot from the individuals proposed by the requesting Party and by the responding Party under Article 29.8.1. The selection of the new arbitrator shall be made within five working days of the date of the submission of the request to the chairperson of the arbitration panel.
24.
Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, shall dismiss the chairperson and select a replacement following the procedure set out in 29.7.3.
If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred to the two remaining arbitrators. The decision by the arbitrators on the need to replace the chairperson shall be final.
If the arbitrators decide that the chairperson does not comply with the requirements of the Code of Conduct, they shall draw a new chairperson by lot among the remaining names on the list referred to in Article 29.8.1. The selection of the new chairperson shall be made within five working days of the date of the submission of the request referred to in this paragraph.
If the arbitrators cannot reach a decision within 10 days of the matter being referred to them, the procedure set out in Article 29.7 shall apply.
25.
The arbitration proceedings shall be suspended for the period taken to carry out the procedure provided for in paragraphs 21 through 24.
Hearings
26.
The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other arbitrators, and confirm this in writing to the Parties. This information shall also be made publicly available by the Party in charge of the logistical administration of the proceeding, subject to paragraph 39.
27.
Unless the Parties agree otherwise, the hearing shall be held in Brussels if the requesting Party is Canada and in Ottawa if the requesting Party is the European Union.
28.
As a general rule there should be only one hearing. The arbitration panel may on its own initiative or on the request of a Party convene one additional hearing when the dispute involves issues of exceptional complexity. No additional hearing shall be convened for the procedures established under Articles 29.14 and 29.15, except in the case of a disagreement on compliance and equivalence.
29.
All arbitrators shall be present during the entirety of the hearing.
30.
The following persons may attend the hearing, irrespective of whether the proceeding is open to the public or not:
(a)
representatives of the Parties;
(b)
advisers to the Parties;
(c)
administrative staff, interpreters, translators and court reporters; and
(d)
arbitrators' assistants.
Only the representatives of and advisers to the Parties may address the arbitration panel.
31.
No later than five working days before the date of a hearing, each Party shall deliver to the arbitration panel and to the other Party a list of the names of natural persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.
32.
The arbitration panel shall conduct the hearing in the following manner, ensuring that the requesting Party and the responding Party are afforded equal time:
Argument
(a)
argument of the requesting Party
(b)
argument of the responding Party
Rebuttal Argument
(a)
reply of the requesting Party
(b)
counter-reply of the responding Party
33.
The arbitration panel may direct questions to either Party at any time during the hearing.
34.
The arbitration panel, after having received the comments of the Parties, shall issue to the Parties a final transcript of each hearing.
35.
Each Party may deliver to the arbitrators and to the other Party a supplementary written submission concerning any matter that arose during the hearing within 10 working days of the date of the hearing.
Questions in writing
36.
The arbitration panel may at any time during the proceeding address questions in writing to one or both Parties. Each of the Parties shall receive a copy of any questions put by the arbitration panel.
37.
Each Party shall also provide the other Party with a copy of its written response to the questions of the arbitration panel. Each Party shall be given the opportunity to provide written comments on the other Party's reply within five working days of the date of receipt.
Transparency and confidentiality
38.
Subject to paragraph 39, each Party shall make its submissions publicly available and, unless the Parties decide otherwise, the hearings of the arbitration panel shall be open to the public.
39.
The arbitration panel shall meet in closed session when the submission and arguments of a Party contain confidential business information. The Parties shall maintain the confidentiality of the arbitration panel hearings when they are held in closed session. Each Party and its advisers shall treat as confidential any information submitted by the other Party to the arbitration panel which that Party has designated as confidential. Where a Party's submission to the arbitration panel contains confidential information, that Party shall also provide, within 15 days, a non-confidential version of the submission that could be disclosed to the public.
Ex parte
 contacts
40.
The arbitration panel shall not meet or contact a Party in the absence of the other Party.
41.
No arbitrator may discuss any aspect of the subject-matter of the proceeding with a Party or the Parties in the absence of the other arbitrators.
Information and technical advice
42.
Upon the request of a disputing Party, or on its own initiative, the arbitration panel may seek information and technical advice from any person or body that it deems appropriate, subject to any terms and conditions agreed by the Parties. Any information obtained in this manner must be disclosed to each Party and submitted for their comments.
Amicus curiae
 submissions
43.
Non-governmental persons established in a Party may submit amicus curiae briefs to the arbitration panel in accordance with the following paragraphs.
44.
Unless the Parties agree otherwise within five days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions, provided that they are made within 10 days of the date of the establishment of the arbitration panel, and in no case longer than 15 typed pages, including any annexes, and that they are directly relevant to the issue under consideration by the arbitration panel.
45.
The submission shall contain a description of the person making the submission, whether natural or legal, including the nature of that person's activities and the source of that person's financing, and specify the nature of the interest that that person has in the arbitration proceeding. It shall be drafted in the languages chosen by the Parties in accordance with paragraphs 48 and 49.
46.
The arbitration panel shall list in its ruling all the submissions it has received that conform to these Rules. The arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. The arbitration panel shall submit to the Parties for their comments any submission it obtains.
Urgent cases
47.
In cases of urgency referred to in Article 29.11, the arbitration panel, after consulting the Parties, shall adjust the time limits referred to in these Rules as appropriate and shall notify the Parties of such adjustments.
Working language for the proceeding, translation and interpretation
48.
During the consultations referred to in Article 29.7.2, and no later than the meeting referred to in paragraph 8, the Parties shall endeavour to agree on a common working language for the proceeding before the arbitration panel.
49.
If the Parties are unable to agree on a common working language, each Party shall arrange for and bear the costs of the translation of its written submissions into the language chosen by the other Party. The responding Party shall arrange for the interpretation of oral submissions into the languages chosen by the Parties.
50.
Arbitration panel rulings shall be issued in the language or languages chosen by the Parties.
51.
Any costs incurred for translation of an arbitration panel ruling into the language or languages chosen by the Parties shall be borne equally by the Parties.
52.
A Party may provide comments on the accuracy of any translated version of a document drawn up in accordance with these Rules.
Calculation of time limits
53.
All time limits set out in this Chapter and in this Annex including the limits for the arbitration pa nels to notify their rulings, shall be counted in calendar days from the day following the act or fact to which they refer, unless otherwise specified.
54.
Where, by reason of the application of paragraph 6, a Party receives a document on a date other than the date on which this document is received by the other Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.
Other procedures
55.
The time limits set out in these Rules shall be adjusted in line with the special time limits provided for the adoption of a ruling by the arbitration panel in the proceedings under Articles 29.14 and 29.15.
56.
In the event that the original arbitration panel, or some of its arbitrators, are unable to reconvene for the proceedings established under Article 29.14 and 29.15, the procedure set out in Article 29.7 shall apply. The time limit for the notification of the ruling shall be extended by 20 days.
ANNEX 29-B
CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS
Definitions
1.
For this Chapter and under this Code of Conduct:
arbitrator
 means a member of an arbitration panel established under Article 29.7;
assistant
 means a natural person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator;
candidate
 means an individual whose name is on the list of arbitrators referred to in Article 29.8 and who is under consideration for selection as an arbitrator under Article 29.7;
mediator
 means a natural person who conducts a mediation in accordance with Article 29.5;
proceeding
, unless otherwise specified, means an arbitration proceeding;
staff
, in respect of an arbitrator, means natural persons under the direction and control of the arbitrator, other than assistants.
Responsibilities of candidates and arbitrators
2.
Every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved. Former arbitrators must comply with the obligations established in paragraphs 16 through 19.
Disclosure obligations
3.
Prior to confirmation of her or his selection as an arbitrator under this Chapter, a candidate shall disclose any interest, relationship or matter that is likely to affect her or his independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of such interests, relationships and matters.
4.
Without limiting the generality of the foregoing, candidates shall disclose the following interests, relationships and matters:
(1)
any financial interest of the candidate:
(a)
in the proceeding or in its outcome, and
(b)
in an administrative proceeding, a domestic court proceeding or another panel or committee proceeding that involves issues that may be decided in the proceeding for which the candidate is under consideration;
(2)
any financial interest of the candidate's employer, partner, business associate or family member:
(a)
in the proceeding or in its outcome, and
(b)
in an administrative proceeding, a domestic court proceeding or another panel or committee proceeding that involves issues that may be decided in the proceeding for which the candidate is under consideration;
(3)
any past or existing financial, business, professional, family or social relationship with the interested parties in the proceeding, or their counsel, or such relationship involving a candidate's employer, partner, business associate or family member; and
(4)
public advocacy or legal or other representation concerning an issue in dispute in the proceeding or involving the same matters.
5.
A candidate or arbitrator shall communicate matters concerning actual or potential violations of this Code of Conduct to the CETA Joint Committee for consideration by the Parties.
6.
Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of interests, relationships or matters referred to in paragraph 3 and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose such interests, relationships or matters that may arise during all stages of the proceeding. The arbitrator shall disclose such interests, relationships or matters by informing the CETA Joint Committee promptly, in writing, for consideration by the Parties.
Duties of arbitrators
7.
Upon selection an arbitrator shall be available to perform and shall perform her or his duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.
8.
An arbitrator shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person.
9.
An arbitrator shall take all appropriate steps to ensure that her or his assistant and staff are aware of, and comply with, paragraphs 2 through 6, and 17 through 19.
10.
An arbitrator shall not engage in 
ex parte
 contacts concerning the proceeding.
Independence and impartiality of arbitrators
11.
An arbitrator shall avoid creating an appearance of bias and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party, or fear of criticism.
12.
An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of her or his duties.
13.
An arbitrator may not use her or his position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence her or him.
14.
An arbitrator may not allow financial, business, professional, family or social relationships or responsibilities to influence her or his conduct or judgement.
15.
An arbitrator must avoid entering into any relationship or acquiring any financial interest that is likely to affect her or his impartiality or that might reasonably create an appearance of impropriety or bias.
Obligations of former arbitrators
16.
All former arbitrators must avoid actions that may create the appearance that they were biased in carrying out their duties or derived advantage from the decision or ruling of the arbitration panel.
Confidentiality
17.
No arbitrator or former arbitrator shall at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
18.
An arbitrator shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with this Chapter.
19.
An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitration panel, or any member's view.
Expenses
20.
Each arbitrator shall keep a record and render a final account of the time devoted to the procedure and of her or his expenses as well as the time and expenses of her or his assistant.
Mediators
21.
This Code of Conduct applies, 
mutatis mutandis
, to mediators.
ANNEX 29-C
RULES OF PROCEDURE FOR MEDIATION
Article 1
Objective
Further to Article 29.5, the objective of this Annex is to facilitate the finding of a mutually agreed solution through a comprehensive and expeditious procedure with the assistance of a mediator.
SECTION A
Mediation proceeding
Article 2
Initiation of the proceeding
1.   A Party may request, at any time, that the Parties enter into a mediation proceeding. Such request shall be addressed to the other Party in writing. The request shall be sufficiently detailed to present clearly the concerns of the requesting Party and shall:
(a)
identify the specific measure at issue;
(b)
provide a statement of the alleged adverse effects that the requesting Party believes the measure has, or will have, on trade or investment between the Parties; and
(c)
explain how the requesting Party considers that those effects are linked to the measure.
2.   The mediation proceeding may only be initiated by mutual consent of the Parties. When a Party requests mediation pursuant to paragraph 1, the other Party shall give good faith consideration to the request and reply in writing within 10 days of receiving it.
Article 3
Selection of the mediator
1.   Upon the start of the mediation proceeding, the Parties shall agree on a mediator, if possible, no later than 15 days after the receipt of the reply to the request for mediation.
2.   A mediator shall not be a citizen of either Party, unless the Parties agree otherwise.
3.   The mediator shall assist, in an impartial and transparent manner, the Parties in bringing clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution. Further to paragraph 21 of Annex 29-B, the Code of Conduct of Arbitrators and Mediators applies to mediators. Paragraphs 3 through 7 and 48 through 54 of the Rules of Procedure for Arbitration in Annex 29-A shall also apply, 
mutatis mutandis
.
Article 4
Rules of procedure for mediation
1.   Within 10 days after the appointment of the mediator, the Party requesting the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other Party, in particular of the operation of the measure at issue and its trade effects. Within 20 days after the date of delivery of this submission, the other Party may provide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant.
2.   The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible trade-related impact. 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 
(
1
)
 and stakeholders and provide any additional support requested by the Parties. However, before seeking the assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the Parties.
3.   The mediator may offer advice and propose a solution for the consideration of the Parties which may accept or reject the proposed solution or may agree on a different solution. However, the mediator may not advise or comment on the consistency of the measure at issue with this Agreement.
4.   The procedure shall take place in the territory of the Party to which the request was addressed, or, by mutual consent of the Parties, in any other location or by any other means.
5.   The Parties shall endeavour to reach a mutually agreed solution within 60 days from the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.
6.   The solution may be adopted by means of a decision of the CETA Joint Committee. Mutually agreed solutions shall be made publicly available. However, the version disclosed to the public may not contain any information that a Party has designated as confidential.
7.   On request of the Parties, the mediator shall issue to the Parties, in writing, a draft factual report, providing a brief summary of the measure at issue in the proceeding, the procedure followed and any mutually agreed solution reached as the final outcome of the proceeding, including possible interim solutions. The mediator shall provide the Parties 15 days to comment on the draft report. After considering the comments of the Parties submitted within the period, the mediator shall submit, in writing, a final factual report to the Parties within 15 days. The factual report shall not include any interpretation of this Agreement.
8.   The proceeding shall be terminated:
(a)
by the adoption of a mutually agreed solution by the Parties, on the date of adoption.
(b)
by a written declaration of the mediator, after consulting with the Parties, that further efforts at mediation would be to no avail;
(c)
by a written declaration of a Party after exploring mutually agreed solutions under the mediation proceeding and after having considered any advice and proposed solutions by the mediator. Such declaration may not be issued before the period set out in Article 4.5 has expired; or
(d)
at any stage of the procedure by mutual agreement of the Parties.
SECTION B
Implementation
Article 5
Implementation of a mutually agreed solution
1.   Where the Parties have agreed to a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.
2.   The implementing Party shall inform the other Party in writing of any steps or measures taken to implement the mutually agreed solution.
SECTION C
General provisions
Article 6
Confidentiality and relationship to dispute settlement
1.   Unless the Parties agree otherwise, and without prejudice to Article 4.6, all stages of the proceeding, including any advice or proposed solution, are confidential. However, any Party may disclose to the public that mediation is taking place. The obligation of confidentiality does not extend to factual information already existing in the public domain.
2.   The mediation proceeding is without prejudice to the Parties' rights and obligations under the provisions on Dispute Settlement in this Agreement or any other agreement.
3.   Consultations are not required before initiating the mediation proceeding. However, a Party should normally avail itself of the other relevant cooperation or consultation provisions in this Agreement before initiating the mediation proceeding.
4.   A Party shall not rely on or introduce as evidence in other dispute settlement proceedings under this Agreement or any other agreement, nor shall an arbitration panel take into consideration:
(a)
positions taken by the other Party in the course of the mediation proceeding or information gathered under Article 4.2;
(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.
5.   A mediator may not serve as a panellist in a dispute settlement proceeding under this Agreement or under the WTO Agreement involving the same matter for which she or he has been a mediator.
Article 7
Time limits
Any time limit referred to in this Annex may be modified by mutual consent between the Parties.
Article 8
Costs
1.   Each Party shall bear its costs of participation in the mediation proceeding.
2.   The Parties shall share jointly and equally the costs of organisational matters, including the remuneration and expenses of the mediator. Remuneration of the mediator shall be in accordance with that of the chairperson of an arbitration panel in paragraph 8 of Annex 29-A.
Article 9
Review
Five years after the date of entry into force of this Agreement, the Parties shall consult each other on the need to modify the mediation mechanism in light of the experience gained and the development of any corresponding mechanism in the WTO.
(
1
)
  A Party may not object to an expert being consulted in a dispute settlement proceeding under this Chapter or under the WTO Agreement solely on the ground that the expert has been consulted under this paragraph.
ANNEX 30-A
LIST OF BILATERAL INVESTMENT TREATIES BETWEEN CANADA AND MEMBER STATES OF THE EUROPEAN UNION
Agreement between the Government of the Republic of Croatia and the Government of Canada for the Promotion and Protection of Investments
, done at Ottawa on 3 February 1997.
Agreement between the Czech Republic and Canada for the Promotion and Protection of Investments
, done at Prague on 6 May 2009.
Agreement between the Government of the Republic of Hungary and the Government of Canada for the Promotion and Reciprocal Protection of Investments
, done at Ottawa on 3 October 1991.
Agreement between the Government of the Republic of Latvia and the Government of Canada for the Promotion and Protection of Investments
, done at Riga on 5 May 2009.
Exchange of Notes between the Government of Canada and the Government of the Republic of Malta Constituting an Agreement Relating to Foreign Investment Insurance
, done at Valletta on 24 May 1982.
Agreement between the Government of the Republic of Poland and the Government of Canada for the Promotion and Reciprocal Protection of Investments
, done at Warsaw on 6 April 1990.
Agreement between the Government of Romania and the Government of Canada for the Promotion and Reciprocal Protection of Investments
, done at Bucharest on 8 May 2009.
Agreement between the Slovak Republic and Canada for the Promotion and Protection of Investments
, done at Bratislava on 20 July 2010.
ANNEX 30-B
AMENDMENTS TO THE 1989 ALCOHOLIC BEVERAGES AGREEMENT AND THE 2003 WINES AND SPIRIT DRINKS AGREEMENT
SECTION A
Article 1 of the 1989 Alcoholic Beverages Agreement, as amended by Annex VIII to the 2003 Wines and Spirit Drinks Agreement, shall have the following definition added:
‘
                  “competent authority” means a government or commission, board or other governmental agency of a Party that is authorised by law to control the sale of wines and distilled spirits.’.
SECTION B
Article 2.2(b) of the 1989 Alcoholic Beverages Agreement, as amended by Annex VIII to the 2003 Wines and Spirit Drinks Agreement, is replaced with:
‘(b)
requiring off site private wine store outlets in Ontario and British Columbia to sell only wines produced by Canadian wineries. The number of these off site private wine store outlets authorised to sell only wines produced by Canadian wineries in these provinces shall not exceed 292 in Ontario and 60 in British Columbia.’.
SECTION C
Article 4 of the 1989 Alcoholic Beverages Agreement, as amended by Annex VIII to the 2003 Wines and Spirit Drinks Agreement, is replaced with:
‘Article 4
Commercial Treatment
1.   Competent authorities shall, in exercising their responsibilities for the purchase, distribution and retail sale of products of the other Party, adhere to the provisions of GATT Article XVII concerning State trading enterprises, in particular to make any such decisions solely in accordance with commercial considerations and shall afford the enterprises of the other Party adequate opportunity, in accordance with customary business practice, to compete for participation in such purchases.
2.   Each Party shall take all possible measures to ensure that an enterprise that has been granted a monopoly in the trade and sale of wines and spirit drinks within its territory does not use its monopoly position to engage, either directly or indirectly, including through its dealings with its parent, subsidiaries or other enterprises with common ownership, in the sale of wine and spirit drinks in a market outside the territory where the enterprise has a monopoly position that causes an anti-competitive effect causing an appreciable restriction of competition in that market.’.
SECTION D
Article 4a of the 1989 Alcoholic Beverages Agreement, as amended by Annex VIII to the 2003 Wines and Spirit Drinks Agreement, is replaced with:
‘4a — Pricing
1.   Competent authorities of the Parties shall ensure that any mark-up, cost of service or other pricing measure is non-discriminatory, applies to all retail sales and is in conformity with Article 2.
2.   A cost of service differential may be applied to products of the other Party only in so far as it is no greater than the additional costs necessarily associated with the marketing of products of the other Party, taking into account additional costs resulting from, 
inter alia
, delivery methods and frequency.
3.   Each Party shall ensure that a cost of service is not applied to a product of the other Party on the basis of the value of the product.
4.   The cost of service differential shall be justified in line with standard accounting procedures by independent auditors on the basis of an audit completed on the request of the other Party within one year of the entry into force of the 2003 Wines and Spirit Drinks Agreement and thereafter on request of that Party at intervals of not less than four years. The audits shall be made available to either Party within one year of a request being made.
5.   Competent authorities shall update cost of service differential charges, as required, to reflect the commitment made in subparagraph 4a(2).
6.   Competent authorities shall make available applicable cost of service differential charges through publicly accessible means, such as their official website.
7.   Competent authorities shall establish a contact point for questions and concerns originating from the other Party with respect to cost of service differential charges. A Party will respond to a request from the other Party in writing within 60 days of the receipt of the request.’.
SECTION E
The 1989 Alcoholic Beverages Agreement, as amended by Annex VIII to the 2003 Wines and Spirit Drinks Agreement, is modified by adding Article 4b:
‘Article 4b
Blending Requirements
Neither Party may adopt or maintain any measure requiring that distilled spirits imported from the territory of the other Party for bottling be blended with any distilled spirits of the importing Party.’.
SECTION F
The 2003 Wines and Spirit Drinks Agreement shall be amended as follows:
(a)
Article 27.3 (Joint Committee), first indent, is replaced with ‘adopting amendments to the Annexes of this Agreement by means of a decision by the Joint Committee.’.
(b)
Title VIII (Dispute settlement) is deleted;
(c)
The last two sentences of Article 8.1 (Objection procedure) are replaced with ‘A Contracting Party may seek consultations as provided under Article 29.4 (Consultations) of the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”). If the consultations fail to resolve the matter, a Contracting Party may notify, in writing, the other Contracting Party of its decision to refer the issue to arbitration under Articles 29.6 through 29.10 of CETA.’.
(d)
The introductory wording (
chapeau
) of Article 9.2 (Modification of Annex I), is replaced with: ‘By way of derogation from paragraph 1, if a Contracting Party has invoked the objection procedure provided for in Article 8 (Objection procedure), the Contracting Parties shall act in accordance with the outcome of the consultations, unless the matter is referred to the arbitration procedure under Articles 29.6 through 29.10 of CETA, in which case:’.
(e)
A third paragraph is added to Article 9 (Modification of Annex I): ‘3. When Articles 29.6 through 29.10 of CETA are applied in the course of the procedure referred to in paragraph 2, they shall apply 
mutatis mutandis
.’.
ANNEX 30-C
JOINT DECLARATION ON WINES AND SPIRITS
The Parties acknowledge the effort and progress that has been made on Wines and Spirits in the context of the negotiations of this Agreement. These efforts have led to mutually agreed solutions on a number of issues of high importance.
The Parties agree to discuss through the appropriate mechanisms, without delay and in view to find mutually agreed solutions, any other issue of concern related to Wines and Spirits, and notably the desire of the European Union to seek the elimination of the differentiation of provincial mark-ups applied on domestic wines and wines bottled in Canada in private wine outlets.
At the end of the fifth year following the entry into force of this Agreement, the Parties agree to review the progress made on the elimination of the differentiation referred to in the previous paragraph, based on the examination of all developments in the sector, including the consequences of any granting to third countries of a more favourable treatment in the framework of other trade negotiations involving Canada.
ANNEX 30-D
JOINT DECLARATION OF THE PARTIES ON COUNTRIES THAT HAVE ESTABLISHED A CUSTOMS UNION WITH THE EUROPEAN UNION
1.
The European Union recalls the obligations of the countries that have established a customs union with the European Union to align their trade regime to that of the European Union, and for certain of them, to conclude preferential agreements with countries that have preferential agreements with the European Union.
2.
In this context, Canada shall endeavour to start negotiations with the countries which,
(a)
have established a customs union with the European Union, and
(b)
whose goods do not benefit from the tariff concessions under this Agreement,
with a view to conclude a comprehensive bilateral agreement establishing a free trade area in accordance with the relevant WTO Agreement provisions on goods and services, provided that those countries agree to negotiate an ambitious and comprehensive agreement comparable to this Agreement in scope and ambition. Canada shall endeavour to start negotiations as soon as possible with a view to have such an agreement enter into force as soon as possible after the entry into force of this Agreement.
Protocol on rules of origin and origin procedures
SECTION A
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
aquaculture
 means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production, such as regular stocking, feeding, or protection from predators;
classified
 means the classification of a product under a particular heading or subheading of the HS;
customs authority
 means any governmental authority that is responsible under the law of a Party for the administration and application of customs laws or, for the EU, where provided for, the competent services of the European Commission;
customs value
 means the value as determined in accordance with the Customs Valuation Agreement;
determination of origin
 means a determination as to whether a product qualifies as an originating product in accordance with this Protocol;
exporter
 means an exporter located in the territory of a Party;
identical originating products
 means products that are the same in all respects, including physical characteristics, quality, and reputation, irrespective of minor differences in appearance that are not relevant to a determination of origin of those products under this Protocol;
importer
 means an importer located in the territory of a Party;
material
 means any ingredient, component, part, or product that is used in the production of another product;
net weight of non-originating material
 means the weight of the material as it is used in the production of the product, not including the weight of the material's packaging;
net weight of the product
 means the weight of a product not including the weight of packaging. In addition, if the production includes a heating or drying operation, the net weight of the product may be the net weight of all materials used in its production, excluding water of heading 22.01 added during production of the product;
producer
 means a person who engages in any kind of working or processing including such operations as growing, mining, raising, harvesting, fishing, trapping, hunting, manufacturing, assembling, or disassembling a product;
product
 means the result of production, even if it is intended for use as a material in the production of another product;
production
 means any kind of working or processing, including such operations as growing, mining, raising, harvesting, fishing, trapping, hunting, manufacturing, assembling, or disassembling a product;
transaction value or ex-works price of the product
 means the price paid or payable to the producer of the product at the place where the last production was carried out, and must include the value of all materials. If there is no price paid or payable or if it does not include the value of all materials, the transaction value or ex-works price of the product:
(a)
must include the value of all materials and the cost of production employed in producing the product, calculated in accordance with generally accepted accounting principles; and
(b)
may include amounts for general expenses and profit to the producer that can be reasonably allocated to the product.
Any internal taxes which are, or may be, repaid when the product obtained is exported are excluded. If the transaction value or ex-works price of the product includes costs incurred subsequent to the product leaving the place of production, such as transportation, loading, unloading, handling, or insurance, those costs are to be excluded; and
value of non-originating materials
 means the customs value of the material at the time of its importation into a Party, as determined in accordance with the Customs Valuation Agreement. The value of the non-originating material must include any costs incurred in transporting the material to the place of importation, such as transportation, loading, unloading, handling, or insurance. If the customs value is not known or cannot be ascertained, the value of non-originating materials will be the first ascertainable price paid for the materials in the European Union or in Canada.
SECTION B
RULES OF ORIGIN
Article 2
General requirements
1.   For the purposes of this Agreement, a product is originating in the Party where the last production took place if, in the territory of a Party or in the territory of both of the Parties in accordance with Article 3, the product:
(a)
has been wholly obtained within the meaning of Article 4;
(b)
has been produced exclusively from originating materials; or
(c)
has undergone sufficient production within the meaning of Article 5.
2.   Except as provided for in paragraphs 8 and 9 of Article 3, the conditions set out in this Protocol relating to the acquisition of originating status must be fulfilled without interruption in the territory of one or both of the Parties.
Article 3
Cumulation of origin
1.   A product that originates in a Party is considered originating in the other Party when used as a material in the production of a product in that other Party.
2.   An exporter may take into account production carried out on a non-originating material in the other Party for the purposes of determining the originating status of a product.
3.   Paragraphs 1 and 2 do not apply if the production carried out on a product does not go beyond the operations referred to in Article 7 and the object of this production, as demonstrated on the basis of a preponderance of evidence, is to circumvent financial or fiscal legislation of the Parties.
4.   If an exporter has completed an origin declaration for a product referred to in paragraph 2, the exporter must possess a completed and signed supplier's statement from the supplier of the non-originating materials used in the production of the product.
5.   A supplier's statement may be the statement set out in Annex 3 or an equivalent document that contains the same information describing the non-originating materials concerned in sufficient detail for their identification.
6.   If a supplier's statement referred to in paragraph 4 is in electronic format, it does not need to be signed, provided that the supplier is identified to the satisfaction of the customs authorities in the Party where the supplier's statement was completed.
7.   A supplier's statement applies to a single invoice or multiple invoices for the same material that is supplied within a period that does not exceed 12 months from the date set out in the supplier's statement.
8.   Subject to paragraph 9, if, as permitted by the WTO Agreement, each Party has a free trade agreement with the same third country, a material of that third country may be taken into consideration by the exporter when determining whether a product is originating under this Agreement.
9.   Each Party shall apply paragraph 8 only if equivalent provisions are in force between each Party and the third country and upon agreement by the Parties on the applicable conditions.
10.   Notwithstanding paragraph 9, if each Party has a free trade agreement with the United States, and upon agreement by both Parties on the applicable conditions, each Party shall apply paragraph 8 when determining whether a product of Chapter 2 or 11, heading 16.01 through 16.03, Chapter 19, heading 20.02 or 20.03, or subheading 3505.10 is originating under this Agreement.
Article 4
Wholly obtained products
1.   The following products shall be considered as wholly obtained in a Party:
(a)
mineral products and other non-living natural resources extracted or taken from there;
(b)
vegetables, plants, and plant products harvested or gathered there;
(c)
live animals born and raised there;
(d)
products obtained from live animals there;
(e)
products from slaughtered animals born and raised there;
(f)
products obtained by hunting, trapping, or fishing conducted there, but not beyond the outer limits of the Party's territorial sea;
(g)
products of aquaculture raised there;
(h)
fish, shellfish, and other marine life taken beyond the outer limits of any territorial sea by a vessel;
(i)
products made aboard factory ships exclusively from products referred to in subparagraph (h);
(j)
mineral products and other non-living natural resources, taken or extracted from the seabed, subsoil, or ocean floor of:
(i)
the exclusive economic zone of Canada or the European Union's Member States, as determined by domestic law and consistent with Part V of the 
United Nations Convention on the Law of the Sea
, done at Montego Bay on 10 December 1982 (‘UNCLOS’);
(ii)
the continental shelf of Canada or the European Union's Member States, as determined by domestic law and consistent with Part VI of UNCLOS; or
(iii)
the Area as defined in Article 1(1) of UNCLOS,
by a Party or a person of a Party, provided that that Party or person of a Party has rights to exploit such seabed, subsoil, or ocean floor;
(k)
raw materials recovered from used products collected there, provided that these products are fit only for such recovery;
(l)
components recovered from used products collected there, provided that these products are fit only for such recovery, when the component is:
(i)
incorporated into another product; or
(ii)
further produced resulting in a product with a performance and life expectancy equivalent or similar to those of a new product of the same type;
(m)
products, at any stage of production, produced there exclusively from products specified in subparagraphs (a) through (j).
2.   For the purpose of subparagraphs 1(h) and (i), the following conditions apply to the vessel or factory ship:
(a)
the vessel or factory ship must be:
(i)
registered in a Member State of the European Union or in Canada; or
(ii)
listed in Canada, if such vessel:
(A)
immediately prior to its listing in Canada, is entitled to fly the flag of a Member State of the European Union and must sail under that flag; and
(B)
fulfills the conditions of sub-subparagraphs 2(b)(i) or 2(b)(ii);
(iii)
entitled to fly the flag of a Member State of the European Union or of Canada and must sail under that flag; and
(b)
with respect to the European Union, the vessel or factory ship must be:
(i)
at least 50 per cent owned by nationals of a Member State of the European Union; or
(ii)
owned by companies that have their head office and their main place of business in a Member State of the European Union, and that are at least 50 per cent owned by a Member State of the European Union, public entities or nationals of a Member State of the European Union; or
(c)
with respect to Canada, the vessel or factory ship must take the fish, shellfish, or other marine life under the authority of a Canadian fishing licence. Canadian fishing licences include Canadian commercial fishing licences and Canadian aboriginal fishing licences issued to aboriginal organisations. The holder of the Canadian fishing licence must be:
(i)
a Canadian national;
(ii)
an enterprise that is no more than 49 per cent foreign owned and has a commercial presence in Canada;
(iii)
a fishing vessel owned by a person referred to in sub-subparagraph (i) or (ii) that is registered in Canada, entitled to fly the flag of Canada and must sail under that flag; or
(iv)
an aboriginal organisation located in the territory of Canada. A person fishing under the authority of a Canadian aboriginal fishing licence must be a Canadian national.
Article 5
Sufficient production
1.   For the purpose of Article 2, products that are not wholly obtained are considered to have undergone sufficient production when the conditions set out in Annex 5 are fulfilled.
2.   If a non-originating material undergoes sufficient production, the resulting product shall be considered as originating and no account shall be taken of the non-originating material contained therein when that product is used in the subsequent production of another product.
Article 6
Tolerance
1.   Notwithstanding Article 5.1, and except as provided in paragraph 3, if the non-originating materials used in the production of a product do not fulfil the conditions set out in Annex 5, the product shall be considered an originating product provided that:
(a)
the total value of those non-originating materials does not exceed 10 per cent of the transaction value or ex-works price of the product;
(b)
any of the percentages given in Annex 5 for the maximum value or weight of non-originating materials are not exceeded through the application of this paragraph; and
(c)
the product satisfies all other applicable requirements of this Protocol.
2.   Paragraph 1 does not apply to products wholly obtained in a Party within the meaning of Article 4. If the rule of origin specified in Annex 5 requires that the materials used in the production of a product be wholly obtained, the tolerance provided for in paragraph 1 applies to the sum of these materials.
3.   Tolerance for textile and apparel products of Chapter 50 through 63 of the HS shall be determined in accordance with Annex 1.
4.   Paragraphs 1 through 3 are subject to Article 8(c).
Article 7
Insufficient production
1.   Without prejudice to paragraph 2, the following operations are insufficient to confer origin on a product, whether or not the requirements of Articles 5 or 6 are satisfied:
(a)
operations exclusively intended to preserve products in good condition during storage and transport 
(
1
)
;
(b)
breaking-up or assembly of packages;
(c)
washing, cleaning, or operations to remove dust, oxide, oil, paint, or other coverings from a product;
(d)
ironing or pressing of textiles or textile articles of Chapter 50 through 63 of the HS;
(e)
simple painting or polishing operations;
(f)
husking, partial or total bleaching, polishing, or glazing of cereals or rice of Chapter 10 that does not result in a change of chapter;
(g)
operations to colour or flavour sugar of heading 17.01 or 17.02; operations to form sugar lumps of heading 17.01; partial or total grinding of crystal sugar of heading 17.01;
(h)
peeling, stoning, or shelling of vegetables of Chapter 7, fruits of Chapter 8, nuts of heading 08.01 or 08.02 or groundnuts of heading 12.02, if these vegetables, fruits, nuts, or groundnuts remain classified within the same chapter;
(i)
sharpening, simple grinding, or simple cutting;
(j)
simple sifting, screening, sorting, classifying, grading, or matching;
(k)
simple packaging operations, such as placing in bottles, cans, flasks, bags, cases, boxes, or fixing on cards or boards;
(l)
affixing or printing marks, labels, logos, and other like distinguishing signs on the products or their packaging;
(m)
mixing of sugar of heading 17.01 or 17.02 with any material;
(n)
simple mixing of materials, whether or not of different kinds; simple mixing does not include an operation that causes a chemical reaction as defined in the notes to Chapter 28 or 29 of Annex 5;
(o)
simple assembly of parts of articles to constitute a complete article of Chapter 61, 62, or 82 through 97 of the HS or disassembly of complete articles of Chapter 61, 62, or 82 through 97 into parts;
(p)
a combination of two or more operations specified in subparagraphs (a) to (o); and
(q)
slaughter of animals.
2.   In accordance with Article 3, all production carried out in the European Union and in Canada on a product is considered when determining whether the production undertaken on that product is insufficient within the meaning of paragraph 1.
3.   For the purpose of paragraph 1, an operation shall be considered simple when neither special skills, nor machines, apparatus, or tools especially produced or installed for those operations are required for their performance or when those skills, machines, apparatus, or tools do not contribute to the product's essential characteristics or properties.
Article 8
Unit of classification
For the purpose of this Protocol:
(a)
the tariff classification of a particular product or material shall be determined according to the HS;
(b)
when a product composed of a group or assembly of articles or components is classified pursuant to the terms of the HS under a single heading or subheading, the whole shall constitute the particular product; and
(c)
when a shipment consists of a number of identical products classified under the same heading or subheading of the HS, each product shall be considered separately.
Article 9
Packaging and packing materials and containers
1.   If, under General Rule 5 of the HS, packaging is included with the product for classification purposes, it is considered in determining whether all the non-originating materials used in the production of the product satisfy the requirements set out in Annex 5.
2.   Packing materials and containers in which a product is packed for shipment shall be disregarded in determining the origin of that product.
Article 10
Accounting segregation of fungible materials or products
1.
(a)
If originating and non-originating fungible materials are used in the production of a product, the determination of the origin of the fungible materials does not need to be made through physical separation and identification of any specific fungible material, but may be determined on the basis of an inventory management system; or
(b)
if originating and non-originating fungible products of Chapter 10, 15, 27, 28, 29, heading 32.01 through 32.07, or heading 39.01 through 39.14 of the HS are physically combined or mixed in inventory in a Party before exportation to the other Party, the determination of the origin of the fungible products does not need to be made through physical separation and identification of any specific fungible product, but may be determined on the basis of an inventory management system.
2.   The inventory management system must:
(a)
ensure that, at any time, no more products receive originating status than would have been the case if the fungible materials or fungible products had been physically segregated;
(b)
specify the quantity of originating and non-originating materials or products, including the dates on which those materials or products were placed in inventory and, if required by the applicable rule of origin, the value of those materials or products;
(c)
specify the quantity of products produced using fungible materials, or the quantity of fungible products, that are supplied to customers who require evidence of origin in a Party for the purpose of obtaining preferential treatment under this Agreement, as well as to customers who do not require such evidence; and
(d)
indicate whether an inventory of originating products was available in sufficient quantity to support the declaration of originating status.
3.   A Party may require that an exporter or producer within its territory that is seeking to use an inventory management system pursuant to this Article obtain prior authorisation from that Party in order to use that system. The Party may withdraw authorisation to use an inventory management system if the exporter or producer makes improper use of it.
4.   For the purpose of paragraph 1, ‘fungible materials’ or ‘fungible products’ means materials or products that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another for origin purposes.
Article 11
Accessories, spare parts and tools
Accessories, spare parts, and tools delivered with a product that form part of its standard accessories, spare parts, or tools, that are not invoiced separately from the product and which quantities and value are customary for the product, shall be:
(a)
taken into account in calculating the value of the relevant non-originating materials when the rule of origin of Annex 5 applicable to the product contains a percentage for the maximum value of non-originating materials; and
(b)
disregarded in determining whether all the non-originating materials used in the production of the product undergo the applicable change in tariff classification or other requirements set out in Annex 5.
Article 12
Sets
1.   Except as provided in Annex 5, a set, as referred to in General Rule 3 of the HS, is originating provided that:
(a)
all of the set's component products are originating; or
(b)
when the set contains a non-originating component product, at least one of the component products or all of the packaging material and containers for the set is originating; and
(i)
the value of the non-originating component products of Chapter 1 through 24 of the Harmonized System does not exceed 15 per cent of the transaction value or ex-works price of the set;
(ii)
the value of the non-originating component products of Chapter 25 through 97 of the HS does not exceed 25 per cent of the transaction value or ex-works price of the set; and
(iii)
the value of all of the set's non-originating component products does not exceed 25 per cent of the transaction value or ex-works price of the set.
2.   The value of non-originating component products is calculated in the same manner as the value of non-originating materials.
3.   The transaction value or ex-works price of the set shall be calculated in the same manner as the transaction value or ex-works price of the product.
Article 13
Neutral elements
For the purpose of determining whether a product is originating, it is not necessary to determine the origin of the following which might be used in its production:
(a)
energy and fuel;
(b)
plant and equipment;
(c)
machines and tools; or
(d)
materials which do not enter and which are not intended to enter into the final composition of the product.
Article 14
Transport through a third country
1.   A product that has undergone production that satisfies the requirements of Article 2 shall be considered originating only if, subsequent to that production, the product:
(a)
does not undergo further production or any other operation outside the territories of the Parties, other than unloading, reloading, or any other operation necessary to preserve it in good condition or to transport the product to the territory of a Party; and
(b)
remains under customs control while outside the territories of the Parties.
2.   The storage of products and shipments or the splitting of shipments may take place where carried out under the responsibility of the exporter or of a subsequent holder of the products and the products remain under customs control in the country or countries of transit.
Article 15
Returned originating products
If an originating product exported from a Party to a third country returns, it shall be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that the returning product:
(a)
is the same as that exported; and
(b)
has not undergone any operation beyond that necessary to preserve it in good condition.
Article 16
Sugar
1.   If a rule of origin requires that the net weight of non-originating sugar used in production not exceed a specified threshold, the product satisfies this condition if the total net weight of all mono-saccharides and di-saccharides contained in the product, or in the materials used in production, does not exceed this threshold.
2.   The product also satisfies the condition in paragraph 1 if the threshold is not exceeded by the net weight of non-originating sugar classified in heading 17.01 or subheading 1702.30 through 1702.60 or 1702.90 other than malto-dextrin, chemically pure maltose, or ‘colouring’ caramel, as described in the explanatory notes to heading 17.02, when used as such in the production of:
(a)
the product; and
(b)
the non-originating sugar-containing materials classified in subheading 1302.20, 1704.90, 1806.10, 1806.20, 1901.90, 2101.12, 2101.20, 2106.90, and 3302.10 that are used as such in the production of the product. Alternatively, the net weight of all mono-saccharides and di-saccharides contained in any of these sugar-containing materials may also be used. If the net weight of the non-originating sugar used in the production of these sugar containing materials or the net weight of mono-saccharides and di-saccharides contained in these sugar-containing materials is not known, the total net weight of these materials used as such in production must apply.
3.   The net weight of any non-originating sugar as referred to in paragraph 2 may be calculated on a dry weight basis.
4.   For the purpose of the rules of origin for heading 17.04 and 18.06, the value of non-originating sugar refers to the value of the non-originating material referred to in paragraph 2 that is used in production of the product.
Article 17
Net cost
1.   For the purpose of this Article, the following definitions apply, in addition to those set out in Article 1:
motor vehicle
 means a product of subheading 8703.21 through 8703.90;
net cost
 means total cost minus sales promotion, marketing and after-sales service costs, royalty, shipping and packing costs, and non-allowable interest cost that are included in the total cost;
non-allowable interest cost
 means interest costs incurred by a producer that exceed 700 basis points above the applicable national government interest rate identified for comparable maturities;
royalty
 means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use or right to use any copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, secret formula or process, excluding those payments under technical assistance or similar agreements that can be related to specific services such as:
(a)
personnel training, without regard to where it is performed; and
(b)
if performed in the territory of one or both of the Parties, engineering, tooling, die-setting, software design and similar computer services, or other services;
sales promotion, marketing, and after-sales service costs
 means the following costs related to sales promotion, marketing, and after-sales service:
(a)
sales and marketing promotion; media advertising; advertising and market research; promotional and demonstration materials; exhibits; sales conferences, trade shows and conventions; banners; marketing displays; free samples; sales, marketing and after-sales service literature (product brochures, catalogues, technical literature, price lists, service manuals and sales aid information); establishment and protection of logos and trademarks; sponsorships; wholesale and retail restocking charges; entertainment;
(b)
sales and marketing incentives; consumer, retailer or wholesaler rebates; merchandise incentives;
(c)
salaries and wages; sales commissions; bonuses; benefits (for example, medical, insurance, and pension); travelling and living expenses; and membership and professional fees for sales promotion, marketing, and after-sales service personnel;
(d)
recruiting and training of sales promotion, marketing, and after-sales service personnel, and after-sales training of customers' employees, if those costs are identified separately for sales promotion, marketing, and after-sales service of products on the financial statements or cost accounts of the producer;
(e)
product liability insurance;
(f)
office supplies for sales promotion, marketing, and after-sales service of products, if those costs are identified separately for sales promotion, marketing, and after-sales service of products on the financial statements or cost accounts of the producer;
(g)
telephone, mail, and other communications, if those costs are identified separately for sales promotion, marketing, and after-sales service of products on the financial statements or cost accounts of the producer;
(h)
rent and depreciation of sales promotion, marketing, and after-sales service offices and distribution centres;
(i)
property insurance premiums, taxes, cost of utilities, and repair and maintenance of sales promotion, marketing, and after-sales service offices and distribution centres, where such costs are identified separately for sales promotion, marketing, and after-sales service of products on the financial statements or cost accounts of the producer; and
(j)
payments by the producer to other persons for warranty repairs;
shipping and packing costs
 means the costs incurred in packing a product for shipment and shipping the product from the point of direct shipment to the buyer, excluding costs of preparing and packaging the product for retail sale; and
total cost
 means all product costs, period costs and other costs incurred in relation to the production of a product in Canada when:
(a)
product costs
 means those costs that are associated with the production of a product and include the value of materials, direct labour costs, and direct overhead.
(b)
period costs
 means those costs other than product costs that are expensed in the period in which they are incurred, including selling expenses and general and administrative expenses.
(c)
other costs
 means all costs recorded on the books of the producer that are not product costs or period costs.
2.   For the purpose of calculating the net cost of a product under Table D.1 (Annual Quota Allocation for Vehicles Exported from Canada to the European Union) in Annex 5-A, the producer of the product may:
(a)
calculate the total cost incurred with respect to all products produced by that producer, subtract any sales promotion, marketing and after-sales service costs, royalty, shipping and packing costs, and non-allowable interest cost that is included in the total cost of all those products, and then reasonably allocate the resulting net cost of those products to the product;
(b)
calculate the total cost incurred with respect to all products produced by that producer, reasonably allocate the total cost to the product, and then subtract any sales promotion, marketing and after-sales service costs, royalty, shipping and packing costs and non-allowable interest cost that is included in the portion of the total cost allocated to the product; or
(c)
reasonably allocate each cost that forms part of the total cost incurred by that producer with respect to the product so that the aggregate of these costs does not include any sales promotion, marketing and after-sales service costs, royalty, shipping and packing costs, or non-allowable interest cost.
3.   For the purpose of calculating the net cost of a product under paragraph 1, the producer may average its calculation over its fiscal year using any one of the following categories, on the basis of either all motor vehicles produced by that producer in the category or only those motor vehicles in the category that are produced by that producer and exported to the territory of the other Party:
(a)
the same model line of motor vehicles in the same class of vehicles produced in the same plant in the territory of a Party;
(b)
the same model line of motor vehicles produced in the same plant in the territory of a Party;
(c)
the same model line of motor vehicles produced in the territory of a Party;
(d)
the same class of motor vehicles produced in the same plant in the territory of a Party; or
(e)
any other category as the Parties may decide.
SECTION C
ORIGIN PROCEDURES
Article 18
Proof of origin
1.   Products originating in the European Union, on importation into Canada, and products originating in Canada, on importation into the European Union, benefit from preferential tariff treatment of this Agreement on the basis of a declaration (‘origin declaration’).
2.   The origin declaration is provided on an invoice or any other commercial document that describes the originating product in sufficient detail to enable its identification.
3.   The different linguistic versions of the text of the origin declaration are set out in Annex 2.
Article 19
Obligations regarding exportations
1.   An origin declaration as referred to in Article 18.1 shall be completed:
(a)
in the European Union, by an exporter in accordance with the relevant European Union legislation; and
(b)
in Canada, by an exporter in accordance with Part V of the 
Customs Act
, R.S.C., 1985, c. 1 (2nd Supp.).
2.   The exporter completing an origin declaration shall at the request of the customs authority of the Party of export submit a copy of the origin declaration and all appropriate documents proving the originating status of the products concerned, including supporting documents or written statements from the producers or suppliers, and fulfil the other requirements of this Protocol.
3.   An origin declaration shall be completed and signed by the exporter unless otherwise provided.
4.   A Party may allow an origin declaration to be completed by the exporter when the products to which it relates are exported, or after exportation if the origin declaration is presented in the importing Party within two years after the importation of the products to which it relates or within a longer period of time if specified in the laws of the importing Party.
5.   The customs authority of the Party of import may allow the application of an origin declaration to multiple shipments of identical originating products that take place within a period of time that does not exceed 12 months as set out by the exporter in that declaration.
6.   An exporter that has completed an origin declaration and becomes aware or has reason to believe that the origin declaration contains incorrect information shall immediately notify the importer in writing of any change affecting the originating status of each product to which the origin declaration applies.
7.   The Parties may allow the establishment of a system that permits an origin declaration to be submitted electronically and directly from the exporter in the territory of a Party to an importer in the territory of the other Party, including the replacement of the exporter's signature on the origin declaration with an electronic signature or identification code.
Article 20
Validity of the origin declaration
1.   An origin declaration shall be valid for 12 months from the date it was completed by the exporter, or for such longer period of time as provided by the Party of import. The preferential tariff treatment may be claimed, within this validity period, to the customs authority of the Party of import.
2.   The Party of import may accept an origin declaration submitted to its customs authority after the validity period referred to in paragraph 1 for the purpose of preferential tariff treatment in accordance with that Party's laws.
Article 21
Obligations regarding importations
1.   For the purpose of claiming preferential tariff treatment, the importer shall:
(a)
submit the origin declaration to the customs authority of the Party of import as required by and in accordance with the procedures applicable in that Party;
(b)
if required by the customs authority of the Party of import, submit a translation of the origin declaration; and
(c)
if required by the customs authority of the Party of import, provide for a statement accompanying or forming a part of the import declaration, to the effect that the products meet the conditions required for the application of this Agreement.
2.   An importer that becomes aware or has reason to believe that an origin declaration for a product to which preferential tariff treatment has been granted contains incorrect information shall immediately notify the customs authority of the Party of import in writing of any change affecting the originating status of that product and pay any duties owing.
3.   When an importer claims preferential tariff treatment for a good imported from the territory of the other Party, the importing Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Protocol.
4.   A Party shall, in conformity with its laws, provide that, if a product would have qualified as an originating product when it was imported into the territory of that Party but the importer did not have an origin declaration at the time of importation, the importer of the product may, within a period of time of no less than three years after the date of importation, apply for a refund of duties paid as a result of the product not having been accorded preferential tariff treatment.
Article 22
Proof related to transport through a third country
Each Party, through its customs authority, may require an importer to demonstrate that a product for which the importer claims preferential tariff treatment was shipped in accordance with Article 14 by providing:
(a)
carrier documents, including bills of lading or waybills, indicating the shipping route and all points of shipment and transhipment prior to the importation of the product; and
(b)
when the product is shipped through or transhipped outside the territories of the Parties, a copy of the customs control documents indicating to that customs authority that the product remained under customs control while outside the territories of the Parties.
Article 23
Importation by instalments
Each Party shall provide that if dismantled or non-assembled products within the meaning of General Rule 2(a) of the HS falling within Sections XVI and XVII or heading 7308 and 9406 of the HS are imported by instalments at the request of the importer and on the conditions set out by the customs authority of the Party of import, a single origin declaration for these products shall be submitted, as required, to that customs authority upon importation of the first instalment.
Article 24
Exemptions from origin declarations
1.   A Party may, in conformity with its laws, waive the requirement to present an origin declaration as referred to in Article 21, for low value shipments of originating products from another Party and for originating products forming part of the personal luggage of a traveller coming from another Party.
2.   A Party may exclude any importation from the provisions of paragraph 1 when the importation is part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding the requirements of this Protocol related to origin declarations.
3.   The Parties may set value limits for products referred to in paragraph 1, and shall exchange information regarding those limits.
Article 25
Supporting documents
The documents referred to in Article 19.2 may include documents relating to the following:
(a)
the production processes carried out on the originating product or on materials used in the production of that product;
(b)
the purchase of, the cost of, the value of, and the payment for the product;
(c)
the origin of, the purchase of, the cost of, the value of, and the payment for all materials, including neutral elements, used in the production of the product; and
(d)
the shipment of the product.
Article 26
Preservation of records
1.   An exporter that has completed an origin declaration shall keep a copy of the origin declaration, as well as the supporting documents referred to in Article 25, for three years after the completion of the origin declaration or for a longer period of time as the Party of export may specify.
2.   If an exporter has based an origin declaration on a written statement from the producer, the producer shall be required to maintain records in accordance with paragraph 1.
3.   When provided for in laws of the Party of import, an importer that has been granted preferential tariff treatment shall keep documentation relating to the importation of the product, including a copy of the origin declaration, for three years after the date on which preferential treatment was granted, or for a longer period of time as that Party may specify.
4.   Each Party shall permit, in accordance with that Party's laws, importers, exporters, and producers in its territory to maintain documentation or records in any medium, provided that the documentation or records can be retrieved and printed.
5.   A Party may deny preferential tariff treatment to a product that is the subject of an origin verification when the importer, exporter, or producer of the product that is required to maintain records or documentation under this Article:
(a)
fails to maintain records or documentation relevant to determining the origin of the product in accordance with the requirements of this Protocol; or
(b)
denies access to those records or documentation.
Article 27
Discrepancies and formal errors
1.   The discovery of slight discrepancies between the statements made in the origin declaration and those made in the documents submitted to the customs authorities for the purpose of carrying out the formalities for importing the products shall not, because of that fact, render the origin declaration null and void if it is established that this document corresponds to the products submitted.
2.   Obvious formal errors such as typing errors on an origin declaration shall not cause this document to be rejected if these errors do not create doubts concerning the correctness of the statements made in the document.
Article 28
Cooperation
1.   The Parties shall cooperate in the uniform administration and interpretation of this Protocol and, through their customs authorities, assist each other in verifying the originating status of the products on which an origin declaration is based.
2.   For the purpose of facilitating the verifications or assistance referred to in paragraph 1, the customs authorities of the Parties shall provide each other, through the European Commission, with addresses of the responsible customs authorities.
3.   It is understood that the customs authority of the Party of export assumes all expenses in carrying out paragraph 1.
4.   It is further understood that the customs authorities of the Parties will discuss the overall operation and administration of the verification process, including forecasting of workload and discussing priorities. If there is an unusual increase in the number of requests, the customs authorities of the Parties will consult to establish priorities and consider steps to manage the workload, taking into consideration operational requirements.
5.   With respect to products considered originating in accordance with Article 3, the Parties may cooperate with a third country to develop customs procedures based on the principles of this Protocol.
Article 29
Origin verification
1.   For the purpose of ensuring the proper application of this Protocol, the Parties shall assist each other, through their customs authorities, in verifying whether products are originating and ensuring the accuracy of claims for preferential tariff treatment.
2.   A Party's request for an origin verification concerning whether a product is originating or whether all other requirements of this Protocol are fulfilled shall be:
(a)
based on risk assessment methods applied by the customs authority of the Party of import, which may include random selection; or
(b)
made when the Party of import has reasonable doubts about whether the product is originating or whether all other requirements of this Protocol have been fulfilled.
3.   The customs authority of the Party of import may verify whether a product is originating by requesting, in writing, that the customs authority of the Party of export conduct a verification concerning whether a product is originating. When requesting a verification, the customs authority of the Party of import shall provide the customs authority of the Party of export with:
(a)
the identity of the customs authority issuing the request;
(b)
the name of the exporter or producer to be verified;
(c)
the subject and scope of the verification; and
(d)
a copy of the origin declaration and, where applicable, any other relevant documentation.
4.   When appropriate, the customs authority of the Party of import may request, pursuant to paragraph 3, specific documentation and information from the customs authority of the Party of export.
5.   A request made by the customs authority of the Party of import pursuant to paragraph 3 shall be provided to the customs authority of the Party of export by certified or registered mail or any other method that produces a confirmation of receipt by that customs authority.
6.   The customs authority of the Party of export shall proceed to the origin verification. For this purpose, the customs authority may, in accordance with its laws, request documentation, call for any evidence, or visit the premises of an exporter or a producer to review the records referred to in Article 25 and observe the facilities used in the production of the product.
7.   If an exporter has based an origin declaration on a written statement from the producer or supplier, the exporter may arrange for the producer or supplier to provide documentation or information directly to the customs authority of the Party of export upon that Party's request.
8.   As soon as possible and in any event within 12 months after receiving the request referred to in paragraph 4, the customs authority of the Party of export shall complete a verification of whether the product is originating and fulfils the other requirements of this Protocol, and shall:
(a)
provide to the customs authority of the Party of import, by certified or registered mail or any other method that produces a confirmation of receipt by that customs authority, a written report in order for it to determine whether the product is originating or not, and that contains:
(i)
the results of the verification;
(ii)
the description of the product subject to verification and the tariff classification relevant to the application of the rule of origin;
(iii)
a description and explanation of the production sufficient to support the rationale concerning the originating status of the product;
(iv)
information on the manner in which the verification was conducted; and
(v)
where appropriate, supporting documentation; and
(b)
subject to its laws, notify the exporter of its decision concerning whether the product is originating.
9.   The period of time referred to in paragraph 8 may be extended by mutual consent of the customs authorities concerned.
10.   Pending the results of an origin verification conducted pursuant to paragraph 8, or consultations under paragraph 13, the customs authority of the Party of import, subject to any precautionary measures it deems necessary, shall offer to release the product to the importer.
11.   If the result of an origin verification has not been provided in accordance with paragraph 8, the customs authority of the importing Party may deny preferential tariff treatment to a product if it has reasonable doubt or when it is unable to determine whether the product is originating.
12.   If there are differences in relation to the verification procedures of this Article or in the interpretation of the rules of origin in determining whether a product qualifies as originating, and these differences cannot be resolved through consultations between the customs authority requesting the verification and the customs authority responsible for performing the verification, and if the customs authority of the importing Party intends to make a determination of origin that is inconsistent with the written report provided under paragraph 8(a) by the customs authority of the exporting Party, the importing Party shall notify the exporting Party within 60 days of receiving the written report.
13.   At the request of either Party, the Parties shall hold and conclude consultations within 90 days from the date of the notification referred to in paragraph 12 to resolve those differences. The period of time for concluding consultations may be extended on a case by case basis by mutual written consent between the Parties. The customs authority of the importing Party may make its determination of origin after the conclusion of these consultations. The Parties may also seek to resolve those differences within the Joint Customs Cooperation Committee referred to in Article 34.
14.   In all cases, the settlement of differences between the importer and the customs authority of the Party of import shall be under the law of the Party of import.
15.   This Protocol does not prevent a customs authority of a Party from issuing a determination of origin or an advance ruling relating to any matter under consideration by the Joint Customs Cooperation Committee or the Committee on Trade in Goods established under Article 26.2(a) (Specialised Committees) or from taking any other action that it considers necessary, pending a resolution of the matter under this Agreement.
Article 30
Review and appeal
1.   Each Party shall grant substantially the same rights of review and appeal of determinations of origin and advance rulings issued by its customs authority as it provides to importers in its territory, to any person who:
(a)
has received a determination on origin in the application of this Protocol; or
(b)
has received an advance ruling pursuant to Article 33.1.
2.   Further to Articles 27.3 (Administrative proceedings) and 27.4 (Review and appeal), each Party shall provide that the rights of review and appeal referred to in paragraph 1 include access to at least two levels of appeal or review including at least one judicial or quasi-judicial level.
Article 31
Penalties
Each Party shall maintain measures imposing criminal, civil or administrative penalties for violations of its laws relating to this Protocol.
Article 32
Confidentiality
1.   This Protocol does not require a Party to furnish or allow access to business information or to information relating to an identified or identifiable natural person, the disclosure of which would impede law enforcement or would be contrary to that Party's law protecting business information and personal data and privacy.
2.   Each Party shall maintain, in conformity with its law, the confidentiality of the information collected pursuant to this Protocol and shall protect that information from disclosure that could prejudice the competitive position of the person providing the information. If the Party receiving or obtaining the information is required by its laws to disclose the information, that Party shall notify the person or Party who provided that information.
3.   Each Party shall ensure that the confidential information collected pursuant to this Protocol shall not be used for purposes other than the administration and enforcement of determination of origin and of customs matters, except with the permission of the person or Party who provided the confidential information.
4.   Notwithstanding paragraph 3, a Party may allow information collected pursuant to this Protocol to be used in any administrative, judicial, or quasi-judicial proceedings instituted for failure to comply with customs related laws implementing this Protocol. A Party shall notify the person or Party who provided the information in advance of such use.
5.   The Parties shall exchange information on their respective law concerning data protection for the purpose of facilitating the operation and application of paragraph 2.
Article 33
Advance rulings relating to origin
1.   Each Party shall, through its customs authority, provide for the expeditious issuance of written advance rulings in accordance with its law, prior to the importation of a product into its territory, concerning whether a product qualifies as an originating product under this Protocol.
2.   Each Party shall adopt or maintain procedures for the issuance of advance rulings, including a detailed description of the information reasonably required to process an application for a ruling.
3.   Each Party shall provide that its customs authority:
(a)
may, at any time during the course of an evaluation of an application for an advance ruling, request supplemental information from the person requesting the ruling;
(b)
issue the ruling within 120 days from the date on which it has obtained all necessary information from the person requesting the advance ruling; and
(c)
provide, to the person requesting the advance ruling, a full explanation of the reasons for the ruling.
4.   When an application for an advance ruling involves an issue that is the subject of:
(a)
a verification of origin;
(b)
a review by, or appeal to, a customs authority; or
(c)
a judicial or quasi-judicial review in the customs authority's territory;
the customs authority, in accordance with its laws, may decline or postpone the issuance of the ruling.
5.   Subject to paragraph 7, each Party shall apply an advance ruling to importations into its territory of the product for which the ruling was requested on the date of its issuance or at a later date if specified in the ruling.
6.   Each Party shall provide, to any person requesting an advance ruling, the same treatment as it provided to any other person to whom it issued an advance ruling, provided that the facts and circumstances are identical in all material respects.
7.   The Party issuing an advance ruling may modify or revoke an advance ruling:
(a)
if the ruling is based on an error of fact;
(b)
if there is a change in the material facts or circumstances on which the ruling is based;
(c)
to conform with an amendment of Chapter Two (National Treatment and Market Access for Goods), or this Protocol; or
(d)
to conform with a judicial decision or a change in its law.
8.   Each Party shall provide that a modification or revocation of an advance ruling is effective on the date on which the modification or revocation is issued, or on a later date if specified in the ruling, and shall not be applied to importations of a product that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditions.
9.   Notwithstanding paragraph 8, the Party issuing the advance ruling may, in conformity with its law, postpone the effective date of a modification or revocation for no more than six months.
10.   Subject to paragraph 7, each Party shall provide that an advance ruling remains in effect and is honoured.
Article 34
Committee
The Joint Customs Cooperation Committee (‘JCCC’), granted authority to act under the auspices of the CETA Joint Committee as a specialised committee pursuant to Article 26.2.1 (Specialised Committees) may review this Protocol and recommend amendments to its provisions to the CETA Joint Committee. The JCCC shall endeavour to decide upon:
(a)
the uniform administration of the rules of origin, including tariff classification and valuation matters relating to this Protocol;
(b)
technical, interpretative, or administrative matters relating to this Protocol; or
(c)
the priorities in relation to origin verifications and other matters arising from origin verifications.
(
1
)
  Preserving operations such as chilling, freezing, or ventilating are considered insufficient within the meaning of subparagraph (a), whereas operations such as pickling, drying, or smoking that are intended to give a product special or different characteristics are not considered insufficient.
ANNEX 1
TOLERANCE FOR TEXTILE AND APPAREL PRODUCTS
1.
For the purpose of this Annex, the following definitions apply:
natural fibres
 means fibres other than artificial or synthetic fibres that have not been spun. Natural fibres include waste, and, unless otherwise specified, include fibres which have been carded, combed or otherwise processed, but not spun. Natural fibres include horsehair of heading 05.11, silk of heading 50.02 through 50.03, wool-fibres and fine or coarse animal hair of heading 51.01 through 51.05, cotton fibres of heading 52.01 through 52.03, and other vegetable fibres of heading 53.01 through 53.05;
textile pulp, chemical materials, and paper-making materials
 means materials, not classified in Chapter 50 through 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns; and
man-made staple fibres
 means synthetic or artificial filament tow, staple fibres or waste, of heading 55.01 through 55.07.
2.
For greater certainty, non-originating materials of Chapter 1 through 49 or 64 through 97, including materials that contain textiles, may be disregarded for the purpose of determining whether all the non-originating materials used in the production of a product of Chapter 50 through 63 satisfies the applicable rule of origin set out in Annex 5.
3.
Subject to paragraph 7, if the non-originating materials used in the production of a product of Chapter 50 through 63 do not fulfil the conditions set out in Annex 5, the product is nonetheless an originating product provided that:
(a)
the product is produced using two or more of the basic textile materials listed in Table 1;
(b)
the net weight of non-originating basic textile materials listed in Table 1 does not exceed 10 per cent of the net weight of the product; and
(c)
the product satisfies all other applicable requirements of this Protocol.
4.
Subject to paragraph 7, in the case of a product of Chapter 50 through 63 produced using one or more basic textile materials listed in Table 1, and non-originating yarn made of polyurethane segmented with flexible segments of polyether, the product is nonetheless an originating product provided that:
(a)
the weight of the non-originating yarn made of polyurethane segmented with flexible segments of polyether does not exceed 20 per cent of the weight of the product; and
(b)
the product satisfies all other applicable requirements of this Protocol.
5.
Subject to paragraph 7, in the case of a product of Chapter 50 through 63 produced using one or more basic textile materials listed in Table 1 and non-originating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film, the product is nonetheless an originating product provided that:
(a)
the weight of the non-originating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film does not exceed 30 per cent of the weight of the product; and
(b)
the product satisfies all other applicable requirements of this Protocol.
6.
Subject to paragraph 7, if the non-originating materials used in the production of a product of Chapter 61 through 63 do not fulfil the conditions set out in Annex 5, the product is nonetheless an originating product provided that:
(a)
the non-originating materials are classified in a heading other than that of the product;
(b)
the value of the non-originating materials does not exceed 8 per cent of the transaction value or ex-works price of the product; and
(c)
the product satisfies all other applicable requirements of this Protocol.
This paragraph does not apply to non-originating materials used in the production of linings or interlinings of a product of Chapter 61 through 63.
7.
The tolerance provided for in paragraphs 2 through 6 does not apply to non-originating materials used in the production of a product if those materials are subject to a rule of origin that includes a percentage for their maximum value or weight.
Table 1 — Basic textile materials
1.
silk
2.
wool
3.
coarse animal hair
4.
fine animal hair
5.
horsehair
6.
cotton
7.
paper-making materials and paper
8.
flax
9.
true hemp
10.
jute and other textile bast fibres
11.
sisal and other textile fibres of the genus Agave
12.
coconut, abaca, ramie, and other vegetable textile fibres
13.
synthetic man-made filaments
14.
artificial man-made filaments
15.
current-conducting filaments
16.
synthetic man-made staple fibres of polypropylene
17.
synthetic man-made staple fibres of polyester
18.
synthetic man-made staple fibres of polyamide
19.
synthetic man-made staple fibres of polyacrylonitrile
20.
synthetic man-made staple fibres of polyimide
21.
synthetic man-made staple fibres of polytetrafluoroethylene
22.
synthetic man-made staple fibres of poly(phenylene sulphide)
23.
synthetic man-made staple fibres of poly(vinyl chloride)
24.
other synthetic man-made staple fibres
25.
artificial man-made staple fibres of viscose
26.
other artificial man-made staple fibres
27.
yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped
28.
yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped
29.
a material of heading 56.05 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film
30.
any other material of heading 56.05
ANNEX 2
Text of image
TEXT OF THE ORIGIN DECLARATION
The origin declaration, the text of which is given below, must be completed in accordance with the footnotes. However, the footnotes do not have to be reproduced.
(Period: from to (1))
The exporter of the products covered by this document (customs authorisation No … (2)) declares that, except where otherwise clearly indicated, these products are of … (3) preferential origin.
(4)
(Place and date)
(5)
(Signature and printed name of the exporter)
(1) When the origin declaration is completed for multiple shipments of identical originating products within the meaning of Article 19.5, indicate the period of time for which the origin declaration will apply. The period of time must not exceed 12 months. All importations of the product must occur within the period indicated. Where a period of time is not applicable, the field can be left blank.
(2) For EU exporters: When the origin declaration is completed by an approved or registered exporter the exporter's customs authorisation or registration number must be included. A customs authorisation number is required only if the exporter is an approved exporter. When the origin declaration is not completed by an approved or registered exporter, the words in brackets must be omitted or the space left blank.
For Canadian exporters: The exporter's Business Number assigned by the Government of Canada must be included. Where the exporter has not been assigned a business number, the field may be left blank.
(3) "Canada/EU" means products qualifying as originating under the rules of origin of the Canada-European Union Comprehensive Economic and Trade Agreement. When the origin declaration relates, in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate the symbol "CM".
(4) These indications may be omitted if the information is contained on the document itself.
(5) Article 19.3 provides an exception to the requirement of the exporter's signature. Where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.
Text of image
Bulgarian version
(Период: от до (1))
Износителят на продуктите, обхванати от този документ (митническо разрешение № … (2)), декларира, че освен когато е отбелязано друго, тези продукти са с/със … преференциален произход (3).
Spanish version
(Período comprendido entre el y el (1))
El exportador de los productos incluidos en el presente documento (autorización aduanera no … (2)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial. … (3).
Czech version
(Období: od do (1))
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (2)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (3).
Danish version
(Periode: fra til (1))
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (2)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (3).
German version
(Zeitraum: von bis (1))
Der Ausführer (ermächtigter Ausführer; Bewilligungs-Nr. … (2)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anderes angegeben, präferenzbegünstigte … (3) Ursprungswaren sind.
Estonian version
(Ajavahemik: alates kuni (1))
Käesoleva dokumendiga hõlmatud toodete eksportija (tolli luba nr. … (2)) deklareerib, et need tooted on … (3) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.
Greek version
(Περίοδος: από έως (1))
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ' αριθ. … (2)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (3).
English version
(Period: from to (1))
The exporter of the products covered by this document (customs authorisation No … (2)) declares that, except where otherwise clearly indicated, these products are of … (3) preferential origin.
Text of image
French version
(Période: du au (1))
L'exportateur des produits couverts par le présent document (autorisation douanière no … (2)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (3)).
Croatian version
(Razdoblje: od do (1))
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (2)) izjavljuje da su, osim ako je drugačije izričito navedeno, ovi proizvodi … (3) preferencijalnog podrijetla.
Italian version
(Periodo: dal al (1))
L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (2)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (3).
Latvian version
(Laikposms: no līdz (1))
To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (2)) deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme … (3).
Lithuanian version
(Laikotarpis: nuo iki (1))
Šiame dokumente išvardintų prekių eksportuotojas (muitinės liudijimo Nr. … (2)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra …(3) preferencinės kilmės prekės.
Hungarian version
(Időszak: -tól -ig (1))
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (2)) kijelentem, hogy eltérő egyértelmű jelzés hiányában az áruk preferenciális … (3) származásúak.
Maltese version
(Perjodu: minn sa (1))
L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana Nru. … (2)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali … (3).
Dutch version
(Periode: van tot en met (1))
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (2)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële oorsprong zijn uit … (3).
Text of image
Polish version
(Okres: od do (1))
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (2)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (3) preferencyjne pochodzenie.
Portuguese version
(Período: de a (1))
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira n.o … (2)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (3).
Romanian version
(Perioada: de la până la (1))
Exportatorul produselor care fac obiectul prezentului document (autorizația vamală nr. … (2)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (3).
Slovenian version
(Obdobje: od do (1))
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št … (2)), izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (3) poreklo.
Slovak version
(Obdobie: od do (1))
Vývozca výrobkov uvedených v tomto dokumente (číslo colného povolenia … (2)) vyhlasuje, že pokiaľ nie je jasne uvedené inak, majú tieto výrobky preferenčný pôvod v … (3).
Finnish version
( ja välinen aika (1))
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa N:o … (2)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (3).
Swedish version
(Period: från till (1))
Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr … (2)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ursprung i … (3).
ANNEX 3
Text of image
SUPPLIER'S STATEMENT FOR NON-ORIGINATING MATERIALS USED IN THE PRODUCTION OF NON-ORIGINATING PRODUCTS
Statement:
I, the undersigned, supplier of the products covered by the annexed document, declare that:
(a) The following materials which do not originate in the European Union/in Canada (1) have been used in the European Union/in Canada to produce the following supplied non-originating products.
(b) Any other materials used in the European Union/in Canada to produce these products originate there.
1
Description of non-originating product(s) supplied
2
HS tariff classification of non-originating product(s) supplied
3
Value of non-originating product(s) supplied (2)
4
Description of non-originating material(s) used
5
HS tariff classification of non-originating material(s) used
6
Value of non-originating materials used (2)
Total:
Total:
I undertake to make available any further supporting documents required.
(Place and Date)
(Name and position, name and address of company)
(Signature)
(1) Strikethrough the Party not applicable, as the case may be.
(2) For each non-originating product supplied and non-originating material used, specify the value per unit of the products and materials described in columns 3 and 6, respectively.
ANNEX 4
MATTERS APPLICABLE TO CEUTA AND MELILLA
1.
For the purpose of this Protocol, in the case of the European Union, the term ‘Party’ does not include Ceuta and Melilla.
2.
Products originating in Canada, when imported into Ceuta and Melilla, shall in all respects be subject to the same customs regime, including preferential tariff treatment, as that which is applied to products 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 Communities
. Canada shall apply to imports of products covered by this Agreement and originating in Ceuta and Melilla the same customs regime, including preferential tariff treatment, as that which is applied to products imported from and originating in the European Union.
3.
The rules of origin applicable to Canada under this Protocol shall apply in determining the origin of products exported from Canada to Ceuta and Melilla. The rules of origin applicable to the European Union under this Protocol shall apply in determining the origin of products exported from Ceuta and Melilla to Canada.
4.
The provisions of this Protocol concerning the issuance, use and subsequent verification of origin shall apply to products exported from Canada to Ceuta and Melilla and to products exported from Ceuta and Melilla to Canada.
5.
The provisions on cumulation of origin of this Protocol shall apply to the import and export of products between the European Union, Canada and Ceuta and Melilla.
6.
For the purposes mentioned in paragraphs 2, 3, 4 and 5, Ceuta and Melilla shall be regarded as a single territory.
7.
The Spanish customs authorities shall be responsible for the application of this Annex in Ceuta and Melilla.
ANNEX 5
PRODUCT-SPECIFIC RULES OF ORIGIN
Introductory Notes to Annex 5
1.
This Annex sets out the conditions required for a product to be considered originating within the meaning of Article 5 (Sufficient Production).
2.
The following definitions apply:
chapter
 means a chapter of the Harmonized System;
heading
 means any four-digit number, or the first four digits of any number, used in the Harmonized System;
section
 means a section of the Harmonized System;
subheading
 means any six-digit number, or the first six digits of any number, used in the Harmonized System; and
tariff provision
 means a chapter, heading, or subheading of the Harmonized System.
3.
The product-specific rule of origin, or set of rules of origin, that applies to a product classified in a particular heading, subheading, or group of headings or subheadings is set out immediately adjacent to that heading, subheading, or group of headings or subheadings.
4.
Unless otherwise specified, a requirement of a change in tariff classification or any other condition set out in a product-specific rule of origin applies only to non-originating material.
5.
Section, chapter, heading, or subheading notes, where applicable, are found at the beginning of each new section, chapter, heading, or subheading. These notes must be read in conjunction with the product-specific rules of origin for the applicable section, chapter, heading, or subheading and may impose further conditions on, or provide an alternative to, the product-specific rules of origin.
6.
Unless otherwise specified, 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 as set out in the definitions of ‘net weight of non-originating material’ and ‘net weight of the product’ in Article 1 (Definitions) of this Protocol.
7.
A reference to non-originating sugar in a product-specific rule of origin means the non-originating material referred to in Article 16 (Sugar) of this Protocol.
8.
If a product-specific rule of origin requires:
(a)
a change from any other chapter, heading, or subheading, or a change to product 
x
 
(
1
)
 from any other chapter, heading, or subheading, only non-originating material classified in a chapter, heading, or subheading other than that of the product may be used in the production of the product;
(b)
a change from within a heading or subheading, or from within any one of these headings or subheadings, non-originating material classified within the heading or subheading may be used in the production of the product, as well as non-originating material classified in a chapter, heading, or subheading other than that of the product;
(c)
a change from any heading or subheading outside a group, only non-originating material classified outside the group of headings or subheadings may be used in the production of the product;
(d)
that a product is wholly obtained, the product must be wholly obtained within the meaning of Article 4 (Wholly Obtained Products). If a shipment consists of a number of identical products classified under tariff provision 
x
, each product shall be considered separately;
(e)
production in which all the material of tariff provision 
x
 used is wholly obtained, all of the material of tariff provision 
x
 used in production of the product must be wholly obtained within the meaning of Article 4 (Wholly Obtained Products);
(f)
a change from tariff provision 
x
, whether or not there is also a change from any other chapter, heading or subheading, the value of any non-originating material that satisfies the change in tariff classification specified in the phrase commencing with the words ‘whether or not’ is not considered when calculating the value of non-originating materials. If two or more product-specific rules of origin are applicable to a heading, subheading, or group of headings or subheadings, the change in tariff classification specified in this phrase reflects the change specified in the first rule of origin;
(g)
that the value of non-originating materials of tariff provision 
x
 does not exceed 
x
 per cent of the transaction value or ex-works price of the product, only the value of the non-originating material specified in this rule of origin is considered when calculating the value of non-originating materials. The percentage for the maximum value of non-originating materials as set out in this rule of origin may not be exceeded through the use of Article 6 (Tolerance);
(h)
that the value of non-originating materials classified in the same tariff provision as the final product does not exceed 
x
 per cent of the transaction value or ex-works price of the product, non-originating material classified in a tariff provision other than that of the product may be used in the production of the product. Only the value of the non-originating materials classified in the same tariff provision as the final product is considered when calculating the value of non-originating materials. The percentage for the maximum value of non-originating materials as set out in this rule of origin may not be exceeded through the use of Article 6 (Tolerance);
(i)
that the value of all non-originating materials does not exceed 
x
 per cent of the transaction value or ex-works price of the product, the value of all non-originating materials is considered when calculating the value of non-originating materials. The percentage for the maximum value of non-originating materials as set out in this rule of origin may not be exceeded through the use of Article 6 (Tolerance); and
(j)
that the net weight of non-originating material of tariff provision 
x
 used in production does not exceed 
x
 per cent of the net weight of the product, the specified non-originating materials may be used in the production of the product, provided that it does not exceed the specified percentage of the net weight of the product in accordance with the definition of ‘net weight of the product’ in Article 1. The percentage for the maximum weight of non-originating material as set out in this rule of origin may not be exceeded through the use of Article 6 (Tolerance).
9.
The product-specific rule of origin represents the minimum amount of production required on non-originating material for the resulting product to achieve originating status. A greater amount of production than that required by the product-specific rule of origin for that product also confers originating status.
10.
If a product-specific rule of origin provides that a specified non-originating material may not be used, or that the value or weight of a specified non-originating material cannot exceed a specific threshold, these conditions do not apply to non-originating material classified elsewhere in the Harmonized System.
11.
In accordance with Article 5 (Sufficient Production), when a material obtains originating status in the territory of a Party and this material is further used in the production of a product for which origin is being determined, no account will be taken of any non-originating material used in the production of that material. This applies whether or not the material has acquired originating status inside the same factory where the product is produced.
12.
The product-specific rules of origin set out in this Annex also apply to used products.
Harmonized System classification
Product specific rule for sufficient production pursuant to Article 5
Section I
Live Animals; Animal Products
Chapter 1
Live animals
01.01 -01.06
All animals of Chapter 1 are wholly obtained.
Chapter 2
Meat and edible meat offal
02.01 -02.10
Production in which all the material of Chapter 1 or 2 used is wholly obtained.
Chapter 3
Fish and crustaceans, molluscs and other aquatic invertebrates
Note:
Aquaculture products of Chapter 3 will only be considered as originating in a Party if they are raised in the territory of that Party from non-originating or originating seedstock such as eggs, fry, fingerlings or larvae.
03.01 -03.08
Production in which all the material of Chapter 3 used is wholly obtained.
Chapter 4
Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included
04.01
A change from any other chapter, except from dairy preparations of subheading 1901.90  containing more than 10 per cent by dry weight of milk solids, provided that all the material of Chapter 4 used is wholly obtained.
0402.10
A change from any other chapter, except from dairy preparations of subheading 1901.90  containing more than 10 per cent by dry weight of milk solids, provided that:
(a)
all the material of Chapter 4 used is wholly obtained, and
(b)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product.
0402.21 -0402.99
A change from any other chapter, except from dairy preparations of subheading 1901.90  containing more than 10 per cent by dry weight of milk solids, provided that:
(a)
all the material of Chapter 4 used is wholly obtained, and
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
04.03 -04.06
A change from any other chapter, except from dairy preparations of subheading 1901.90  containing more than 10 per cent by dry weight of milk solids, provided that:
(a)
all the material of Chapter 4 used is wholly obtained, and
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
04.07 -04.10
Production in which:
(a)
all the material of Chapter 4 used is wholly obtained; and
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
Chapter 5
Products of animal origin, not elsewhere specified or included
0501.00 -0511.99
A change from within any one of these subheadings or any other subheading.
Section II
Vegetable Products
Note:
Agricultural and horticultural products grown in the territory of a Party shall be treated as originating in the territory of that Party even if grown from seed, bulbs, rootstock, cuttings, slips, grafts, shoots, buds or other live parts of plants imported from a third country.
Chapter 6
Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
06.01 -06.04
Production in which all the material of Chapter 6 used is wholly obtained.
Chapter 7
Edible vegetables and certain roots and tubers
07.01 -07.09
Production in which all the material of Chapter 7 used is wholly obtained.
0710.10 -0710.80
Production in which all the material of Chapter 7 used is wholly obtained.
0710.90
A change from any other subheading, provided that:
(a)
the net weight of non-originating asparagus, beans, broccoli, cabbage, carrots, cauliflower, courgettes, cucumbers, gherkins, globe artichokes, mushrooms, onions, peas, potatoes, sweet corn, sweet peppers and tomatoes of Chapter 7 used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating vegetables of Chapter 7 used in production does not exceed 50 per cent of the net weight of the product.
07.11
Production in which all the material of Chapter 7 used is wholly obtained.
0712.20 -0712.39
Production in which all the material of Chapter 7 used is wholly obtained.
0712.90
A change to mixtures of dried vegetables from single dried vegetables from within this subheading or any other subheading, provided that:
(a)
the net weight of non-originating cabbage, carrots, courgettes, cucumbers, gherkins, globe artichokes, mushrooms, potatoes, sweet corn, sweet peppers, tomatoes and turnips of Chapter 7 used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating vegetables of Chapter 7 used in production does not exceed 50 per cent of the net weight of the product;
or
For any other product of subheading 0712.90 , production in which all the material of Chapter 7 used is wholly obtained.
07.13 -07.14
Production in which all the material of Chapter 7 used is wholly obtained.
Chapter 8
Edible fruits and nuts; peel of citrus fruit or melons
08.01 -08.10
Production in which all the material of Chapter 8 used is wholly obtained.
08.11
Production in which:
(a)
all the material of Chapter 8 used is wholly obtained, and
(b)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product.
08.12
Production in which all the material of Chapter 8 used is wholly obtained.
0813.10 -0813.40
Production in which all the material of Chapter 8 used is wholly obtained.
0813.50
A change from any other subheading, provided that:
(a)
the net weight of non-originating almonds, apples, apricots, bananas, cherries, chestnuts, citrus fruit, figs, grapes, hazelnuts, nectarines, peaches, pears, plums and walnuts of Chapter 8 used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating fruits and nuts other than almonds, apples, apricots, bananas, brazil nuts, carambola, cashew apples, cashew nuts, cherries, chestnuts, citrus fruit, coconuts, figs, grapes, guava, hazelnuts, jackfruit, lychees, macadamia nuts, mangoes, mangosteens, nectarines, papaws (papaya), passion fruit, peaches, pears, pistachios, pitahaya, plums, tamarinds or walnuts of Chapter 8 used in production does not exceed 50 per cent of the net weight of the product, and
(c)
the net weight of non-originating fruits and nuts of Chapter 8 used in production does not exceed 80 per cent of the net weight of the product.
08.14
Production in which all the material of Chapter 8 used is wholly obtained.
Chapter 9
Coffee, tea, maté and spices
0901.11 -0901.90
A change from any other subheading.
0902.10 -0910.99
A change from within any one of these subheadings or any other subheading.
Chapter 10
Cereals
10.01 -10.08
All the cereals of Chapter 10 are wholly obtained.
Chapter 11
Products of the milling industry; malt; starches; inulin; wheat gluten
11.01 -11.09
Production in which all the material of heading 07.01 , subheading 0710.10 , Chapter 10 or 11, or heading 23.02  or 23.03  used is wholly obtained.
Chapter 12
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder
12.01 -12.07
A change from any other heading.
12.08
A change from any other chapter.
12.09 -12.14
A change from any other heading.
Chapter 13
Lac; gums, resins and other vegetable saps and extracts
1301.20 -1301.90
A change from within any one of these subheadings or any other subheading.
1302.11 -1302.39
A change from within any one of these subheadings or any other subheading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
Chapter 14
Vegetable plaiting materials; vegetable products not elsewhere specified or included
1401.10 -1404.90
A change from within any one of these subheadings or any other subheading.
Section III
Animal or Vegetable Fats and Oils and their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes
Chapter 15
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
15.01 -15.04
A change from any other heading.
15.05
A change from within any one of these subheadings or any other subheading.
15.06
A change from any other heading.
15.07 -15.08
A change from any other chapter.
15.09 -15.10
Production in which all the olive oils of heading 15.09  or 15.10  are wholly obtained.
15.11 -15.15
A change from any other chapter.
1516.10
A change from any other heading.
1516.20
A change from any other chapter.
15.17
A change from any other heading, except from heading 15.07  through 15.15 , subheading 1516.20  or heading 15.18 .
Note:
For the purposes of the rule of origin for heading 15.18  which references insoluble impurity content, this content is to be measured using American Oil Chemists' Society method Ca 3a-46.
15.18
A change to single vegetable fats or oils or their fractions from any other chapter;
or
A change to inedible mixtures of animal or vegetable fats or oils or their fractions, or preparations thereof, containing 0.15 per cent or less by net weight of insoluble impurities from within this heading or any other heading, provided that the production reduces the insoluble impurity content;
or
A change to any other product of heading 15.18  from any other heading.
15.20
A change from within this heading or any other heading.
15.21 -15.22
A change from any other heading.
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
16.01 -16.02
A change from any other chapter, except from Chapter 2.
16.03
A change from any other chapter, except from Chapter 2 or 3.
16.04 -16.05
A change from any other chapter, except from Chapter 3.
Chapter 17
Sugars and sugar confectionary
17.01
A change from any other heading.
17.02
A change from any other heading, except from subheading 1701.91  or 1701.99 , provided that the net weight of non-originating material of heading 11.01  through 11.08 , subheading 1701.11  or 1701.12  or heading 17.03  used in production does not exceed 20 per cent of the net weight of the product.
17.03
A change from any other heading.
17.04
A change from any other heading, provided that:
(a)
(i)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product; or
(ii)
the value of non-originating sugar used in production does not exceed 30 per cent of the transaction value or ex-works price of the product; and
(b)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
Chapter 18
Cocoa and cocoa preparations
18.01 -18.02
A change from any other heading.
1803.10 -1803.20
A change from any other subheading.
18.04 -18.05
A change from any other heading.
18.06
A change from any other heading, provided that:
(a)
(i)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product; or
(ii)
the value of non-originating sugar used in production does not exceed 30 per cent of the transaction value or ex-works price of the product, and
(b)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
Chapter 19
Preparations of cereals, flour, starch or milk; pastrycooks' products
19.01
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating sugar used in production does not exceed 30 per cent of the net weight of the product,
(c)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product, and
(d)
the net weight of non-originating sugar and non-originating material of Chapter 4 used in production does not exceed 40 per cent of the net weight of the product.
1902.11 -1902.19
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(c)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the weight of the net weight of the product.
1902.20
A change from any other heading, provided that:
(a)
the net weight of non-originating material of Chapter 2, 3 or 16 used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product,
(c)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(d)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
1902.30 -1902.40
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(c)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
19.03
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
1904.10 -1904.20
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating sugar used in production does not exceed 30 per cent of the net weight of the product,
(c)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product, and
(d)
the net weight of non-originating sugar and non-originating material of Chapter 4 used in production does not exceed 40 per cent of the net weight of the product.
1904.30
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
1904.90
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating sugar used in production does not exceed 30 per cent of the net weight of the product,
(c)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product, and
(d)
the net weight of non-originating sugar and non-originating material of Chapter 4 used in production does not exceed 40 per cent of the net weight of the product.
19.05
A change from any other heading, provided that:
(a)
the net weight of non-originating material of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product,
(c)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product, and
(d)
the net weight of non-originating sugar and non-originating material of Chapter 4 used in production does not exceed 50 per cent of the net weight of the product.
Chapter 20
Preparations of vegetables, fruit, nuts or other parts of plants
20.01
A change from any other heading.
20.02 -20.03
A change from any other heading, in which all the material of Chapter 7 used is wholly obtained.
20.04 -20.05
A change from any other heading.
20.06
A change to preparations of blueberries, cherries, cranberries, loganberries, raspberries, Saskatoon berries or strawberries from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 60 per cent of the net weight of the product; or
A change to any other product of heading 20.06  from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
2007.10 -2007.91
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
2007.99
A change to jams, fruit jellies, fruit spreads or fruit butters from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 60 per cent of the net weight of the product; or
A change to any other product of subheading 2007.99  from any other heading provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
Note:
For the purposes of the rules of origin for preparations of blueberries, cherries, cranberries, loganberries, raspberries, Saskatoon berries or strawberries of heading 20.08 , the net weight of the product may be the net weight of all material used in production of the product excluding the net weight of water of heading 22.01  that is added during the production of the product. The net weight of any fruit used in production may be the net weight of the fruit whether or not frozen or cut but not further processed.
2008.11 -2008.19
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product.
2008.20 -2008.50
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
2008.60
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 60 per cent of the net weight of the product.
2008.70
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
2008.80
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 60 per cent of the net weight of the product.
2008.91
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
2008.93
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 60 per cent of the net weight of the product.
2008.97
A change to mixtures containing blueberries, cherries, cranberries, loganberries, raspberries, Saskatoon berries or strawberries from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 60 per cent of the net weight of the product; or
A change to any other product of subheading 2008.97  from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product.
2008.99
A change to preparations of blueberries, loganberries, raspberries, or Saskatoon berries from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 60 per cent of the net weight of the product; or
A change to any other product of subheading 2008.99  from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 percent of the net weight of the product.
2009.11 -2009.79
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
2009.81
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product.
2009.89
A change from any other heading, provided that the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
2009.90
A change to mixtures containing blueberry juice, cranberry juice, elderberry juice, loganberry juice or Saskatoon berry juice from any other subheading, except from non-originating blueberry juice, cranberry juice, elderberry juice, loganberry juice or Saskatoon berry juice of heading 20.09 , provided that:
(a)
the net weight of non-originating juice of heading 20.09  in single strength form used in production does not exceed 40 per cent of the net weight of the product, and
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product; or
A change to any other product of subheading 2009.90  from any other heading, provided that net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product.
Chapter 21
Miscellaneous edible preparations
2101.11 -2101.30
A change from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
2102.10 -2102.30
A change from any other subheading.
2103.10
A change from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of heading 04.07  through 04.10  used in production does not exceed 20 per cent of the net weight of the product.
2103.20
A change to tomato ketchup or barbeque sauce from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product,
(b)
the net weight of non-originating material of heading 04.07 , 04.08  or 04.10  used in production does not exceed 20 per cent of the net weight of the product, and
(c)
the net weight of non-originating sugar and non-originating material of heading 04.07 , 04.08  or 04.10  used in production does not exceed 50 per cent of the net weight of the product; or
A change to any other product of subheading 2103.20  from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of heading 04.07  through 04.10  used in production does not exceed 20 per cent of the net weight of the product.
2103.30
A change from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of heading 04.07  through 04.10  used in production does not exceed 20 per cent of the net weight of the product.
Note:
For the purposes of the rule of origin for subheading 2103.90 , mixed condiments and mixed seasonings are food preparations that may be added to a food in order to enhance or impart flavour during the food's manufacture or preparation before it is served, or after the food has been served.
2103.90
A change to barbeque sauce, fruit-based sauces, mixed condiments or mixed seasonings from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product,
(b)
the net weight of non-originating material of heading 04.07 , 04.08  or 04.10  used in production does not exceed 20 per cent of the net weight of the product, and
the net weight of non-originating sugar and non-originating material of heading 04.07 , 04.08  or 04.10  used in production does not exceed 50 per cent of the net weight of the product; or
A change to any other product of subheading 2103.90  from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of heading 04.07  through 04.10  used in production does not exceed 20 per cent of the net weight of the product.
2104.10 -2105.00
A change from any other subheading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
21.06
A change from any other heading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 40 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
Chapter 22
Beverages, spirits and vinegar
22.01
A change from any other heading.
2202.10
A change from any other heading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
2202.90
A change to beverages containing milk from any other heading, except from heading 04.01  through 04.06  or dairy preparations of subheading 1901.90  containing more than 10 per cent by dry weight of milk solids, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of heading 04.07  through 04.10  used in production does not exceed 20 per cent of the net weight of the product; or
A change to any other product of subheading 2202.90  from any other heading, provided that:
(a)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(b)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
22.03
A change from any other heading.
22.04
A change from any other heading, except from subheading 0806.10 , 2009.61  or 2009.69 , heading 22.07  or 22.08.
22.05 -22.06
A change from any other heading.
22.07 -22.09
A change from any other heading outside this group, except from heading 22.04.
Chapter 23
Residues and waste from the food industries; prepared animal fodder
23.01
A change from any other heading.
23.02
A change from any other heading, provided that the net weight of non-originating material of Chapter 10 used in production does not exceed 20 per cent of the net weight of the product.
2303.10
A change from any other heading, provided that the net weight of non-originating material of Chapter 10 used in production does not exceed 20 per cent of the net weight of the product.
2303.20 -2303.30
A change from any other heading.
23.04 -23.08
A change from any other heading.
23.09
A change from any other heading, except from Chapter 2 or 3, provided that:
(a)
the net weight of non-originating material of Chapter 10 or 11 used in production does not exceed 20 per cent of the net weight of the product,
(b)
the net weight of non-originating sugar used in production does not exceed 20 per cent of the net weight of the product, and
(c)
the net weight of non-originating material of Chapter 4 used in production does not exceed 20 per cent of the net weight of the product.
Chapter 24
Tobacco and manufactured tobacco substitutes
Note:
Agricultural and horticultural products grown in the territory of a Party shall be treated as originating in the territory of that Party even if grown from seed, bulbs, rootstock, cuttings, slips, grafts, shoots, buds or other live parts of plants imported from a third country.
24.01
Production in which all the material of heading 24.01  used is wholly obtained.
2402.10
A change from any other heading, provided that the net weight of non-originating material of Chapter 24 used in production does not exceed 30 per cent of the net weight of all the material of Chapter 24 used in the production of the product.
2402.20
A change from any other heading, except from subheading 2403.10 , provided that the net weight of the material of heading 24.01  that is wholly obtained is at least 10 per cent by net weight of all the material of Chapter 24 used in the production of the product.
2402.90
A change from any other heading, provided that the net weight of non-originating material of Chapter 24 used in production does not exceed 30 per cent of the net weight of all the material of Chapter 24 used in the production of the product.
24.03
A change from any other heading, provided that the net weight of non-originating material of Chapter 24 used in production does not exceed 30 per cent of the net weight of all the material of Chapter 24 used in the production of the product.
Section V
Mineral Products
Chapter 25
Salt; sulphur; earths and stone; plastering materials; lime and cement
25.01 -25.03
A change from any other heading.
2504.10 -2504.90
A change from within any one of these subheadings or any other subheading.
25.05 -25.14
A change from any other heading.
2515.11 -2516.90
A change from within any one of these subheadings or any other subheading.
25.17
A change from any other heading.
2518.10 -2520.20
A change from within any one of these subheadings or any other subheading.
25.21 -25.23
A change from any other heading.
2524.10 -2525.30
A change from within any one of these subheadings or any other subheading.
25.26 -25.29
A change from any other heading.
2530.10 -2530.90
A change from within any one of these subheadings or any other subheading.
Chapter 26
Ores, slag and ash
26.01 -26.21
A change from any other heading.
Chapter 27
Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes
27.01 -27.09
A change from within any one of these headings or any other heading.
27.10
A change from within this heading or any other heading, except from biodiesel of subheading 3824.90  or heading 38.26 .
27.11 -27.16
A change from within any one of these headings or any other heading.
Section VI
Products of the Chemical or Allied Industries
Chapter 28
Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes
Note 1:
A product of this Chapter is an originating product if it is the result of any one of the following:
(a)
an applicable change in tariff classification specified in the rules of origin of this Chapter;
(b)
a chemical reaction as described in Note 2 below; or
(c)
purification as described in Note 3 below.
Note 2: Chemical reaction and change of Chemical Abstract Service number
A product of this Chapter shall be treated as an originating product if it is the result of a chemical reaction and that chemical reaction results in a change of Chemical Abstract Service (CAS) number.
For the purposes of this Chapter, a ‘chemical reaction’ is a process (including a biochemical process) that 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.
The following are not considered to be chemical reactions for the purposes of determining whether a product is originating:
(a)
dissolution in water or in another solvent;
(b)
the elimination of solvents, including solvent water; or
(c)
the addition or elimination of water of crystallization.
Note 3: Purification
A product of this Chapter that is subject to purification shall be treated as an originating product provided that the purification occurs in the territory of one or both of the Parties and results in the elimination of not less than 80 per cent of the impurities.
Note 4: Separation prohibition
A product that meets the applicable change in tariff classification in the territory of one or both of the Parties as a result of the separation of one or more materials from a man-made mixture shall not be treated as an originating product unless the isolated material underwent a chemical reaction in the territory of one or both of the Parties.
2801.10 -2853.00
A change from any other subheading; or
A change from within any one of these subheadings, whether or not there is also a change from any other subheading, provided that the value of non-originating materials classified in the same subheading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
Chapter 29
Organic Chemicals
Note 1:
A product of this Chapter is an originating product if it is the result of any one of the following:
(a)
an applicable change in tariff classification specified in the rules of origin of this Chapter;
(b)
a chemical reaction as described in Note 2 below; or
(c)
purification as described in Note 3 below.
Note 2: Chemical reaction and change of Chemical Abstract Service number
A product of this Chapter shall be treated as an originating product if it is the result of a chemical reaction and that chemical reaction results in a change of Chemical Abstract Service (CAS) number.
For the purposes of this Chapter, a ‘chemical reaction’ is a process (including a biochemical process) that 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.
The following are not considered to be chemical reactions for the purposes of determining whether a product is originating:
(a)
dissolution in water or in another solvent;
(b)
the elimination of solvents, including solvent water; or
(c)
the addition or elimination of water of crystallization.
Note 3: Purification
A product of this Chapter that is subject to purification shall be treated as an originating product provided that the purification occurs in the territory of one or both of the Parties and results in the elimination of not less than 80 per cent of the impurities.
Note 4: Separation prohibition
A product that meets the applicable change in tariff classification in the territory of one or both of the Parties as a result of the separation of one or more materials from a man-made mixture shall not be treated as an originating product unless the isolated material underwent a chemical reaction in the territory or one or both of the Parties.
2901.10 -2942.00
A change from any other subheading; or
A change from within any one of these subheadings, whether or not there is also a change from any other subheading, provided that the value of non-originating materials classified in the same subheading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
Chapter 30
Pharmaceutical products
3001.20 -3005.90
A change from within any one of these subheadings or any other subheading.
3006.10 -3006.60
A change from within any one of these subheadings or any other subheading.
3006.70 -3006.92
A change from any other subheading.
Chapter 31
Fertilisers
31.01
A change from within this heading or any other heading.
31.02
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
3103.10 -3104.90
A change from within any one of these subheadings or any other subheading.
31.05
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
Chapter 32
Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
3201.10 -3210.00
A change from within any of these subheadings or any other subheading.
32.11 -32.12
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
3213.10
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
3213.90
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
32.14 -32.15
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
Chapter 33
Essential oils and resinoids; perfumery, cosmetic or toilet preparations
3301.12 -3301.90
A change from any other subheading; or
A change from within any one of these subheadings, whether or not there is also a change from any other subheading, provided that the value of non-originating materials classified in the same subheading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
3302.10
A change from any other heading, provided that the weight of non-originating material of heading 17.01  or 17.02  does not exceed 20 per cent of the net weight of the product.
3302.90
A change from any other heading.
33.03
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
33.04 -33.07
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
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
3401.11 -3401.20
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
3401.30
A change from any other heading, except from subheading 3402.90 ; or
change from within this heading, whether or not there is also a change from any other heading except subheading 3402.90 , provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
3402.11 -3402.19
A change from any other subheading; or
A change from within any one of these subheadings, whether or not there is also a change from any other subheading, provided that the value of non-originating materials classified in the same subheading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
3402.20
A change from any other subheading, except from subheading 3402.90 .
3402.90
A change from any other subheading; or
A change from within this subheading, whether or not there is also a change from any other subheading, provided that the value of non-originating materials of this subheading does not exceed 20 per cent of the transaction value or ex-works price of the product.
3403.11 -3405.90
A change from any other subheading.
34.06
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
34.07
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that:
(a)
at least one of the component products of the set is originating; and
(b)
the value of the non-originating component products of this heading does not exceed 50 per cent of the transaction value or ex-works price of the set.
Chapter 35
Albuminoidal substances; modified starches; glues; enzymes
35.01 -35.02
A change from any other heading, except from Chapter 2 through 4; or
A change from Chapter 2 through 4, whether or not there is also a change from any other heading, provided that the value of non-originating materials of Chapter 2 through 4 does not exceed 40 per cent of the transaction value or ex-works price of the product.
35.03
A change from any other heading, except from Chapter 2 other than swine skin or Chapter 3 other than fish skin; or
A change from Chapter 2 other than swine skin or Chapter 3 other than fish skin, whether or not there is also a change from any other heading, swine skin of Chapter 2 or fish skin of Chapter 3, provided that the value of non-originating materials of Chapter 2 other than swine skin or Chapter 3 other than fish skin does not exceed 40 per cent of the transaction value or ex-works price of the product.
35.04
A change to milk protein substances from any other heading, except from Chapter 4 or dairy preparations of subheading 1901.90  containing more than 10 per cent by dry weight of milk solids;
A change to any other product of heading 35.04  from any other heading, except from non-originating material of Chapter 2 through 4 or heading 11.08 ; or
A change to any other product of heading 35.04  from Chapter 2 through 4 or heading 11.08 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of Chapter 2 through 4 or heading 11.08  does not exceed 40 per cent of the transaction value or ex-works price of the product.
35.05
A change from any other heading, except from heading 11.08 ; or
A change from heading 11.08 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 11.08  does not exceed 40 per cent of the transaction value or ex-works price of the product.
35.06 -35.07
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 40 per cent of the transaction value or ex-works price of the product.
Chapter 36
Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
36.01 -36.06
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
Chapter 37
Photographic or cinematographic goods
37.01
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
37.02
A change from any other heading, except from heading 37.01 .
37.03 -37.06
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
3707.10 -3707.90
A change from any other subheading.
Chapter 38
Miscellaneous chemical products
38.01 -38.02
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
38.03
A change from within this heading or any other heading.
38.04
A change from any other heading.
3805.10
A change to purified sulphate turpentine from any other subheading, or from raw spirits of sulphate turpentine as a result of purification by distillation; or
A change to any other product of subheading 3805.10  from any other subheading.
3805.90
A change from any other subheading.
3806.10 -3806.90
A change from any other subheading.
38.07
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
3808.50 -3808.99
A change from any other subheading.
3809.10
A change from any other heading, except from heading 10.06  or 11.01  through 11.08; or
A change from heading 10.06  or 11.01  through 11.08 , whether or not there is also a change from any other heading, provided the weight of non-originating materials of heading 10.06  or 11.01  through 11.08  used in production does not exceed 20 per cent of the net weight of the product.
3809.91 -3809.93
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
38.10
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
3811.11 -3811.90
A change from any other subheading.
38.12
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
38.13 -38.14
A change from any other heading.
3815.11 -3815.90
A change from any other subheading.
38.16 -38.19
A change from any other heading.
38.20
A change from any other heading, except from subheading 2905.31  or 2905.49 ; or
A change from subheading 2905.31  or 2905.49 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 2905.31  or 2905.49  does not exceed 50 per cent of the transaction value or ex-works price of the product.
38.21 -38.22
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 20 per cent of the transaction value or ex-works price of the product.
3823.11 -3823.70
A change from any other subheading.
3824.10 -3824.50
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 20 per cent of the transaction value or ex-works price of the product.
3824.60
A change from any other subheading, except from heading 11.01  through 11.08 , 17.01 , 17.02  or subheading 2905.44; or
A change from heading 11.01  through 11.08 , 17.01 , 17.02  or subheading 2905.44 , whether or not there is also a change from any other subheading, provided that the weight of non-originating material of heading 11.01  through 11.08 , 17.01 , 17.02  or subheading 2905.44  does not exceed 20 per cent of the net weight of the product.
3824.71 -3824.83
A change from any other heading.
3824.90
A change to biodiesel from any other heading, provided that the biodiesel is transesterified in the territory of a Party;
A change to products containing ethanol from any other heading, except from ethanol of heading 22.07  or subheading 2208.90 ; or
A change to any other product of subheading 3824.90  from any other heading.
38.25
A change from any other heading.
38.26
A change from any other heading, provided that the biodiesel is transesterified in the territory of a Party.
Section VII
Plastics and Articles Thereof; Rubber and Articles Thereof
Chapter 39
Plastics and articles thereof
39.01 -39.15
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the net weight of non-originating material classified in the same heading as the final product does not exceed 50 per cent of the net weight of the product.
39.16 -39.26
A change from any other heading.
Chapter 40
Rubber and articles thereof
40.01 -40.11
A change from any other heading.
4012.11 -4012.19
A change from any other subheading.
4012.20 -4012.90
A change from any other heading.
40.13 -40.16
A change from any other heading.
40.17
A change from within this heading or any other heading.
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
41.01 -41.03
A change from any other heading.
4104.11 -4104.19
A change from any other heading.
4104.41 -4104.49
A change from any other subheading.
4105.10
A change from any other heading.
4105.30
A change from any other subheading.
4106.21
A change from any other heading.
4106.22
A change from any other subheading.
4106.31
A change from any other heading.
4106.32
A change from any other subheading.
4106.40
A change from within this subheading or any other subheading.
4106.91
A change from any other heading.
4106.92
A change from any other subheading.
41.07 -41.13
A change from any other heading, except from subheading 4104.41 , 4104.49 , 4105.30 , 4106.22 , 4106.32  or 4106.92 ; or
A change from subheading 4104.41 , 4104.49 , 4105.30 , 4106.22 , 4106.32  or 4106.92 , whether or not there is also a change from any other heading, provided that materials of subheading 4104.41 , 4104.49 , 4105.30 , 4106.22 , 4106.32  or 4106.92  undergo a retanning operation in the territory of a Party.
41.14 -41.15
A change from any other heading.
Chapter 42
Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)
42.01 -42.06
A change from any other heading.
Chapter 43
Furskins and artificial fur; manufactures thereof
43.01
A change from any other heading.
4302.11 -4302.30
A change from any other subheading.
43.03 -43.04
A change from any other heading.
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
44.01 -44.21
A change from any other heading.
Chapter 45
Cork and articles of cork
45.01 -45.04
A change from any other heading.
Chapter 46
Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
46.01 -46.02
A change from any other heading.
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
47.01 -47.07
A change from any other heading.
Chapter 48
Paper and paperboard; articles of paper pulp, of paper or of paperboard
48.01 -48.09
A change from any other heading.
4810.13 -4811.90
A change from any other subheading.
48.12 -48.23
A change from any other heading.
Chapter 49
Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans
49.01 -49.11
A change from any other heading.
Section XI
Textiles and Textile Articles
Chapter 50
Silk
50.01 -50.02
A change from any other heading.
50.03
A change from within this heading or any other heading.
50.04 -50.06
Spinning of natural fibres or extrusion of man-made fibres, accompanied by spinning or twisting.
50.07
Spinning of natural or man-made staple fibres, extrusion of man-made filament yarn or twisting, in each case accompanied by weaving;
Weaving accompanied by dyeing;
Yarn dyeing accompanied by weaving; or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 51
Wool, fine or coarse animal hair; horsehair yarn and woven fabric
51.01 -51.05
A change from any other heading.
51.06 -51.10
Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning.
51.11 -51.13
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving;
Weaving accompanied by dyeing;
Yarn dyeing accompanied by weaving; or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 52
Cotton
52.01 -52.03
A change from any other heading.
52.04 -52.07
Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning.
52.08 -52.12
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving;
Weaving, accompanied by dyeing or coating;
Yarn dyeing accompanied by weaving; or
Printing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 53
Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn
53.01 -53.05
A change from any other heading.
53.06 -53.08
Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning.
53.09 -53.11
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving;
Weaving, accompanied by dyeing or coating;
Yarn dyeing accompanied by weaving; or
Printing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 54
Man-made filaments
54.01 -54.06
Extrusion of man-made fibres accompanied, if necessary, by spinning or spinning of natural fibres.
54.07 -54.08
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving;
Weaving, accompanied by dyeing or coating;
Twisting or texturing, accompanied by weaving, provided that the value of the non-twisted or non-textured yarns used does not exceed 47.5 per cent of the transaction value or ex-works price of the product; or
Printing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 55
Man-made staple fibres
55.01 -55.07
Extrusion of man-made fibres.
55.08 -55.11
Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning.
55.12 -55.16
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving;
Weaving, accompanied by dyeing or coating;
Yarn dyeing accompanied by weaving; or
Printing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 56
Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof
56.01
A change from any other chapter.
5602.10
Extrusion of man-made fibres accompanied by fabric formation, however polypropylene filament of heading 54.02 , polypropylene fibres of heading 55.03  or 55.06 , or polypropylene filament tow of heading 55.01 , of which the denomination in all cases of a single filament or fibre is less than 9 decitex may be used, provided that their total value does not exceed 40 per cent of the transaction value or ex-works price of the product; or
Fabric formation alone in the case of felt made from natural fibres.
5602.21 -5602.90
Extrusion of man-made fibres accompanied by fabric formation; or
Fabric formation alone in the case of other felt made from natural fibres.
56.03
Extrusion of man-made fibres or use of natural fibres, accompanied by nonwoven techniques including needle punching.
5604.10
A change from any other heading.
5604.90
–
Rubber thread (textile covered)
Production from rubber thread or cord, not textile covered.
–
Other
Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning.
56.05
A change from any other heading, except from yarn of heading 50.04  through 50.06 , 51.06  through 51.10 , 52.04  through 52.07 , 53.06  through 53.08 , 54.01  through 54.06  or 55.09  through 55.11 ;
Extrusion of man-made fibres accompanied by spinning, or spinning of natural or man-made staple fibres.
56.06
A change from any other heading, except from yarn of heading 50.04  through 50.06 , 51.06  through 51.10 , 52.04  through 52.07 , 53.06  through 53.08 , 54.01  through 54.06  or 55.09  through 55.11 ;
Extrusion of man-made fibres accompanied by spinning, or spinning of natural or man-made staple fibres;
Spinning accompanied by flocking; or
Flocking accompanied by dyeing.
56.07
A change from any other heading, except from yarn of heading 50.04  through 50.06 , 51.06  through 51.10 , 52.04  through 52.07 , 53.06  through 53.08 , 54.01  through 54.06  or 55.09  through 55.11 ;
Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres; or
Flocking, accompanied by dyeing or printing.
56.08
Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres; or
Flocking, accompanied by dyeing or printing.
56.09
A change from any other heading, except from yarn of heading 50.04  through 50.06 , 51.06  through 51.10 , 52.04  through 52.07 , 54.01  through 54.06  or 55.09  through 55.11 ;
Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres; or
Flocking, accompanied by dyeing or printing.
Chapter 57
Carpets and other textile floor coverings
Note:
For products of this Chapter jute fabric may be used as a backing.
57.01 -57.05
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving;
Production from coir yarn, sisal yarn or jute yarn;
Flocking, accompanied by dyeing or printing;
Tufting, accompanied by dyeing or printing; or
Extrusion of man-made fibres accompanied by non-woven techniques including needle punching, however polypropylene filament of heading 54.02 , polypropylene fibres of heading 55.03  or 55.06 , or polypropylene filament tow of heading 55.01 , of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 per cent of the transaction value or ex-works price of the product.
Chapter 58
Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery
Note:
For products of heading 58.11 , the materials used to produce wadding must be extruded in the territory of one or both of the Parties.
58.01 -58.04
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving;
Weaving, accompanied by dyeing, flocking or coating;
Flocking, accompanied by dyeing or printing;
Yarn dyeing accompanied by weaving; or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
58.05
A change from any other heading.
58.06 -58.09
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving or fabric formation;
Weaving or fabric formation, accompanied by dyeing, flocking or coating;
Flocking, accompanied by dyeing or printing;
Yarn dyeing, accompanied by weaving or fabric formation; or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
58.10
Production in which the value of all the materials used does not exceed 50 per cent of the transaction value or ex-works price of the product.
58.11
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving, knitting or non-woven process;
Weaving, knitting or non-woven process, in each case accompanied by dyeing, flocking or coating;
Flocking, accompanied by dyeing or printing;
Yarn dyeing, accompanied by weaving, knitting or non-woven process; or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 59
Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use
59.01
Weaving, knitting or a non-woven process, in each case accompanied by dyeing, flocking or coating; or
Flocking, accompanied by dyeing or printing.
59.02
–
Containing not more than 90 per cent by weight of textile materials
Weaving, knitting or a non-woven process.
–
Other
Extrusion of man-made fibres accompanied by weaving, knitting or a non-woven process.
59.03
Weaving, knitting or a non-woven process, in each case accompanied by dyeing or coating; or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
59.04
Weaving, knitting or a non-woven process, in each case accompanied by dyeing or coating.
59.05
–
Impregnated, coated, covered or laminated with rubber, plastics or other materials
Weaving, knitting or a non-woven process, in each case accompanied by dyeing or coating.
–
Other
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weaving, knitting or a non-woven process;
Weaving, knitting or a non-woven process, in each case accompanied by dyeing or coating; or
Printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
59.06
–
Knitted or crocheted fabrics
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting;
Knitting, accompanied by dyeing or coating; or
Dyeing of yarn of natural fibres accompanied by knitting.
–
Other fabrics made of synthetic filament yarn, containing more than 90 per cent by weight of textile materials
Extrusion of man-made fibres accompanied by weaving, knitting or a non-woven process.
–
Other
Weaving, knitting or a non-woven process, in each case accompanied by dyeing or coating; or
Dyeing of yarn of natural fibres accompanied by weaving, knitting or forming.
59.07
A change from any other chapter, except from fabric of heading 50.07 , 51.11  through 51.13 , 52.08  through 52.12 , 53.10 , 53.11 , 54.07 , 54.08 , 55.12  through 55.16 , 56.02 , 56.03 , Chapter 57, heading 58.03 , 58.06 , 58.08  or 60.02  through 60.06 ;
Weaving, accompanied by dyeing, flocking or coating;
Flocking, accompanied by dyeing or printing; or
Printing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
59.08
–
Incandescent gas mantles, impregnated
Production from tubular knitted gas-mantle fabric.
–
Other
A change from any other heading.
59.09 -59.11
–
Polishing discs or rings other than of felt of heading 59.11
Weaving, knitting or a non-woven process.
–
Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp or weft, or flat woven with multiple warp or weft of heading 59.11
Spinning of natural or of man-made staple fibres, in each case accompanied by weaving or knitting; or
Weaving, knitting or a non-woven process, in each case accompanied by dyeing or coating, provided that only one or more of the following materials are used:
—
coir yarn,
—
yarn of polytetrafluoroethylene,
—
yarn, multiple, of polyamide, coated, impregnated or covered with a phenolic resin,
—
yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,
—
monofil of polytetrafluoroethylene,
—
yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),
—
glass fibre yarn, coated with phenol resin and gimped with acrylic yarn,
—
copolyester monofilaments of a polyester, a resin of terephthalic acid, 1,4-cyclohexanediethanol and isophthalic acid.
–
Other
Extrusion of man-made filament yarn or spinning of natural or man-made staple fibres, in each case accompanied by weaving, knitting or a non-woven process; or
Weaving, knitting or a non-woven process, in each case accompanied by dyeing or coating.
Chapter 60
Knitted or crocheted fabrics
60.01 -60.06
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting;
Knitting, accompanied by dyeing, flocking or coating;
Flocking, accompanied by dyeing or printing;
Dyeing of yarn of natural fibres accompanied by knitting; or
Twisting or texturing, accompanied by knitting provided that the value of the non-twisted or non-textured yarns used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
Chapter 61
Articles of apparel and clothing accessories, knitted or crocheted
61.01 -61.17
–
Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form
Knitting or crocheting and making-up (including cutting).
–
Other (knit to shape products)
Spinning of natural or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting or crocheting; or
Dyeing of yarn of natural fibres accompanied by knitting or crocheting.
Chapter 62
Articles of apparel and clothing accessories, not knitted or crocheted
62.01
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.02
–
Women's, or girls' clothing, embroidered
Weaving accompanied by making-up (including cutting); or
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.03
Weaving accompanied by making up (including cutting); or
Making up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.04
–
Women's, or girls' clothing, embroidered
Weaving accompanied by making up (including cutting); or
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making up (including cutting); or
Making up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.05
Weaving accompanied by making up (including cutting); or
Making up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.06
–
Women's, or girls' clothing, embroidered
Weaving accompanied by making-up (including cutting); or
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.07 -62.08
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.09
–
Women's, or girls' clothing, embroidered
Weaving accompanied by making-up (including cutting); or
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.10
–
Fire-resistant equipment of fabric covered with foil of aluminised polyester
Production from yarn; or
Production from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving or other fabric formation process, accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.11
–
Women's, or girls' clothing, embroidered
Weaving accompanied by making-up (including cutting); or
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.12
Knitting or weaving, accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.13 -62.14
–
Embroidered
Weaving accompanied by making-up (including cutting);
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product; or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.15
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.16
–
Fire-resistant equipment of fabric covered with foil of aluminised polyester
Production from yarn; or
Production from uncoated fabric, provided that the value of the uncoated fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making-up (including cutting); or
Making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47.5 per cent of the transaction value or ex-works price of the product.
62.17
–
Embroidered
Weaving accompanied by making-up (including cutting); or
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Fire-resistant equipment of fabric covered with foil of aluminised polyester
–
Interlinings for collars and cuffs, cut out
Weaving accompanied by making-up (including cutting); or
Coating provided that the value of the uncoated fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product accompanied by making-up (including cutting).
Production from materials of any heading, except that of the product, and in which the value of all the non-originating materials used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other
Weaving accompanied by making-up (including cutting).
Chapter 63
Other made up textile articles; sets; worn clothing and worn textile articles; rags
63.01 -63.04
–
Of felt, of nonwovens
Extrusion of man-made fibres or use of natural fibres, in each case accompanied by a non-woven process including needle punching and making-up (including cutting).
–
Other, embroidered
Weaving or knitting, accompanied by making-up (including cutting); or
Production from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product.
–
Other, not embroidered
Weaving or knitting, accompanied by making-up (including cutting).
63.05
Extrusion of man-made fibres or spinning of natural or man-made staple fibres, in each case accompanied by weaving or knitting and making-up (including cutting); or
Extrusion of man-made fibres or use of natural fibres, in each case accompanied by any non-woven techniques including needle punching and making-up (including cutting).
63.06
–
Of nonwovens
Extrusion of man-made fibres or use of natural fibres, in each case accompanied by any non-woven techniques including needle punching.
–
Other
Weaving accompanied by making-up (including cutting); or
Coating, provided that the value of the uncoated fabric used does not exceed 40 per cent of the transaction value or ex-works price of the product, accompanied by making-up (including cutting).
63.07
Production in which the value of non-originating materials used does not exceed 40 per cent of the transaction value or ex-works price of the product.
63.08
A change from any other chapter, provided that either the fabric or the yarn meets the rule of origin that would be applicable if the fabric or yarn were classified alone.
63.09
A change from any other heading.
63.10
A change from any other heading.
Section XII
Footwear, Headgear, Umbrellas, Sun Umbrellas, Walking-Sticks, Seat-Sticks, Whips, Riding-Crops and Parts Thereof; Prepared Feathers and Articles Made Therewith; Artificial Flowers; Articles of Human Hair
Chapter 64
Footwear, gaiters and the like; parts of such articles
64.01 -64.05
A change from any other heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 64.06.
64.06
A change from any other heading.
Chapter 65
Headgear and parts thereof
65.01 -65.07
A change from any other heading.
Chapter 66
Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof
66.01 -66.03
A change from any other heading.
Chapter 67
Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair
67.01
A change to articles of feather or down from within this heading or any other heading; or
A change to any other product of heading 67.01  from any other heading.
67.02 -67.04
A change from any other heading.
Section XIII
Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar Materials; Ceramic Products; Glass and Glassware
Chapter 68
Articles of stone, plaster, cement, asbestos, mica or similar materials
68.01 -68.02
A change from any other heading.
68.03
A change from within this heading or any other heading.
68.04 -68.11
A change from any other heading.
6812.80 -6812.99
A change from any other subheading.
68.13
A change from any other heading.
6814.10 -6814.90
A change from within any one of these subheadings or any other subheading.
68.15
A change from any other heading.
Chapter 69
Ceramic products
69.01 -69.14
A change from any other heading.
Chapter 70
Glass and glassware
70.01 -70.05
A change from any other heading.
70.06
A change from within this heading or any other heading.
70.07 -70.08
A change from any other heading.
7009.10
A change from any other subheading.
7009.91 -7009.92
A change from any other heading.
70.10
A change from any other heading; or
A change to cut glassware from uncut glassware of heading 70.10 , whether or not there is also a change from any other heading, provided that the value of the non-originating uncut glassware does not exceed 50 per cent of the transaction value or ex-works price of the product.
70.11
A change from any other heading.
70.13
A change from any other heading; or
A change to cut glassware from uncut glassware of heading 70.13 , whether or not there is also a change from any other heading, provided that the value of the non-originating uncut glassware does not exceed 50 per cent of the transaction value or ex-works price of the product.
70.14 -70.18
A change from any other heading.
7019.11 -7019.40
A change from any other heading.
7019.51
A change from any other subheading, except from subheading 7019.52  through 7019.59 .
7019.52 -7019.90
A change from any other subheading.
70.20
A change from any other heading.
Section XIV
Natural or Cultured Pearls, Precious or Semi-Precious Stones, Precious Metals, Metals Clad with Precious Metal and Articles Thereof; Imitation Jewellery; Coin
Chapter 71
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin
71.01
A change from any other heading.
7102.10
A change from any other heading.
7102.21 -7102.39
A change from any other subheading, except from subheading 7102.10 .
7103.10 -7104.90
A change from any other subheading.
71.05
A change from any other heading.
7106.10 -7106.92
A change from any other subheading; or
A change from within any one of these subheadings, whether or not there is also a change from another subheading, provided that the non-originating materials classified in the same subheading as the final product undergo electrolytic, thermal or chemical separation or alloying.
71.07
A change from within this heading or any other heading.
7108.11 -7108.20
A change from any other subheading; or
A change from within any one of these subheadings, whether or not there is also a change from another subheading, provided that the non-originating materials classified in the same subheading as the final product undergo electrolytic, thermal or chemical separation or alloying.
71.09
A change from within this heading or any other heading.
7110.11 -7110.49
A change from any other subheading; or
A change from within any one of these subheadings, whether or not there is also a change from another subheading, provided that the non-originating materials classified in the same subheading as the final product undergo electrolytic, thermal or chemical separation or alloying.
71.11
A change from within this heading or any other heading.
71.12 -71.15
A change from any other heading.
71.16 -71.17
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
71.18
A change from any other heading.
Section XV
Base Metals and Articles of Base Metal
Chapter 72
Iron and steel
72.01 -72.07
A change from any other heading.
72.08 -72.17
A change from any heading outside this group.
72.18
A change from any other heading.
72.19 -72.23
A change from any heading outside this group.
72.24
A change from any other heading.
72.25 -72.29
A change from any heading outside this group.
Chapter 73
Articles of iron or steel
73.01 -73.03
A change from any other heading.
7304.11 -7304.39
A change from any other heading.
7304.41
A change from any other subheading.
7304.49 -7304.90
A change from any other heading.
73.05 -73.06
A change from any other heading.
7307.11 -7307.19
A change from any other heading.
7307.21 -7307.29
A change from any other heading, except from forged blanks of heading 72.07 ; or
A change from forged blanks of heading 72.07 , whether or not there is also a change from any other heading, provided that the value of the non-originating forged blanks of heading 72.07  does not exceed 50 per cent of the transaction value or ex-works price of the product.
7307.91 -7307.99
A change from any other heading.
73.08
A change from any other heading, except from subheading 7301.20 ; or
A change from subheading 7301.20 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 7301.20  does not exceed 50 per cent of the transaction value or ex-works price of the product.
73.09 -73.14
A change from any other heading.
73.15
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
73.16 -73.20
A change from any other heading.
73.21
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
73.22 -73.23
A change from any other heading.
73.24
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
73.25 -73.26
A change from any other heading.
Chapter 74
Copper and articles thereof
74.01 -74.02
A change from any other heading.
7403.11 -7403.29
A change from any other subheading.
74.04 -74.19
A change from any other heading.
Chapter 75
Nickel and articles thereof
75.01 -75.08
A change from any other heading.
Chapter 76
Aluminium and articles thereof
7601.10 -7601.20
A change from within any one of these subheadings or any other subheading.
76.02 -76.06
A change from any other heading.
76.07
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
76.08 -76.16
A change from any other heading.
Chapter 78
Lead and articles thereof
7801.10
A change from any other subheading.
7801.91 -7801.99
A change from any other heading.
78.02 -78.06
A change from any other heading.
Chapter 79
Zinc and articles thereof
79.01 -79.07
A change from any other heading.
Chapter 80
Tin and articles thereof
80.01 -80.07
A change from any other heading.
Chapter 81
Other base metals; cermets; articles thereof
8101.10 -8113.00
A change from any other subheading.
Chapter 82
Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal
Note: Handles of base metal used in the production of a product of this chapter shall be disregarded in determining the origin of that product.
82.01 -82.04
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8205.10 -8205.70
A change from any other heading; or
A change from within this heading, except from subheading 8205.90 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading, other than subheading 8205.90 , does not exceed 50 per cent of the transaction value or ex-works price of the product.
8205.90
A change from any other heading;
A change to anvils, portable forges, hand or pedal-operated grinding wheels from within this heading, except from a set of subheading 8205.90 , whether or not there is also a change from any other heading, provided that the value of the non-originating materials of this heading, other than a set of subheading 8205.90 , does not exceed 50 per cent of the transaction value or ex-works price of the product; or
A change to a set from any other product of this heading, whether or not there is also a change from any other heading, provided that the value of the non-originating component products of this heading does not exceed 25 per cent of the transaction value or ex-works price of the set.
82.06
A change from any other heading, except from heading 82.02  through 82.05 ; or
A change from heading 82.02  through 82.05 , whether or not there is also a change from any other heading, provided that the value of the non-originating component products of heading 82.02  through 82.05  does not exceed 25 per cent of the transaction value or ex-works price of the set.
8207.13
A change from any other heading, except from heading 82.09 ; or
A change from subheading 8207.19  or heading 82.09 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 8207.19  or heading 82.09  does not exceed 50 per cent of the transaction value or ex-works price of the product.
8207.19 -8207.90
A change from any other heading; or
A change from within any one of these subheadings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same subheading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
82.08 -82.10
A change from any other heading.
8211.10
A change from any other heading; or
A change from subheading 8211.91  through 8211.95 , whether or not there is also a change from any other heading, provided that the value of the non-originating component products of subheading 8211.91  through 8211.93  does not exceed 25 per cent of the transaction value or ex-works price of the set.
8211.91 -8211.93
A change from any other heading; or
A change from subheading 8211.94  or 8211.95 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 8211.94  does not exceed 50 per cent of the transaction value or ex-works price of the product.
8211.94 -8211.95
A change from any other heading.
82.12 -82.13
A change from any other heading.
8214.10
A change from any other heading.
8214.20
A change from any other heading; or
A change to a set of subheading 8214.20  from within this subheading, whether or not there is also a change from any other heading, provided that the value of the non-originating component products of subheading 8214.20  does not exceed 25 per cent of the transaction value or ex-works price of the set.
8214.90
A change from any other heading.
8215.10 -8215.20
A change from any other heading; or
A change from subheading 8215.91  through 8215.99 , whether or not there is also a change from any other heading, provided that the value of the non-originating component products of subheading 8215.91  through 8215.99  does not exceed 25 per cent of the transaction value or ex-works price of the product.
8215.91 -8215.99
A change from any other heading.
Chapter 83
Miscellaneous articles of base metal
8301.10 -8301.50
A change from any other heading; or
A change from subheading 8301.60 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 8301.60  does not exceed 50 per cent of the transaction value or ex-works price of the product.
8301.60 -8301.70
A change from any other heading.
8302.10 -8302.30
A change from any other heading.
8302.41
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
8302.42 -8302.50
A change from any other heading.
8302.60
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
83.03 -83.04
A change from any other heading.
83.05
A change from any other heading; or
A change from subheading 8305.90 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 8305.90  does not exceed 50 per cent of the transaction value or ex-works price of the product.
83.06
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
83.07
A change from any other heading.
83.08
A change from any other heading; or
A change from subheading 8308.90 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 8308.90  does not exceed 50 per cent of the transaction value or ex-works price of the product.
83.09 -83.10
A change from any other heading.
83.11
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
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
84.01 -84.12
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8413.11 -8413.82
A change from any other subheading.
8413.91 -8413.92
A change from any other heading.
84.14 -84.15
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8416.10 -8417.90
A change from any other subheading.
84.18 -84.22
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8423.10 -8426.99
A change from any other subheading.
84.27
A change from any other heading, except from heading 84.31 ; or
A change from heading 84.31 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 84.31  does not exceed 50 per cent of the transaction value or ex-works price of the product.
8428.10 -8430.69
A change from any other subheading.
84.31
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
8432.10 -8442.50
A change from any other subheading.
84.43
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
8444.00 -8449.00
A change from any other subheading.
84.50 -84.52
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8453.10 -8454.90
A change from any other subheading.
84.55
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
84.56 -84.65
A change from any other heading, except from heading 84.66 ; or
A change from within any one of these headings or heading 84.66 , whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product or heading 84.66  does not exceed 50 per cent of the transaction value or ex-works price of the product.
84.66
A change from any other heading.
84.67 -84.68
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8469.00 -8472.90
A change from any other subheading.
84.73
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
8474.10 -8479.90
A change from any other subheading.
84.80 -84.83
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8484.10 -8484.20
A change from any other subheading.
8484.90
A change from any other subheading, provided the value of the non-originating component products does not exceed 25 per cent of the transaction value or ex-works price of the set.
84.86
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
8487.10 -8487.90
A change from any other subheading.
Chapter 85
Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
85.01 -85.02
A change from any other heading, except from heading 85.03 ; or
A change from within any one of these headings or heading 85.03 , whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product or heading 85.03  does not exceed 50 per cent of the transaction value or ex-works price of the product.
85.03 -85.16
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
8517.11 -8517.62
A change from any other subheading.
8517.69 -8517.70
A change from any other heading; or
A change from within heading 85.17 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 85.17  does not exceed 50 per cent of the transaction value or ex-works price of the product.
85.18
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
85.19 -85.21
A change from any other heading, except heading 85.22 ; or
A change from heading 85.22 , whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in heading 85.22  does not exceed 50 per cent of the transaction value or ex-works price of the product.
85.22
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
85.23
A change from any other heading.
85.25
A change from within this heading or any other heading, provided that the value of all non-originating materials does not exceed 40 per cent of the transaction value or ex-works price of the product.
85.26 -85.28
A change from any other heading, except from heading 85.29 ; or
A change from heading 85.29 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 85.29  does not exceed 50 per cent of the transaction value or ex-works price of the product.
85.29
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
8530.10 -8530.90
A change from any other subheading.
85.31
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
8532.10 -8534.00
A change from any other subheading.
85.35 -85.37
A change from any other heading, except from heading 85.38 ; or
A change from heading 85.38 , whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in heading 85.38  does not exceed 50 per cent of the transaction value or ex-works price of the product.
85.38 -85.48
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
Section XVII
Vehicles, Aircraft, Vessels and Associated Transport Equipment
Chapter 86
Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds
86.01 -86.06
A change from any other heading, except from heading 86.07 ; or
A change from heading 86.07 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 86.07  does not exceed 50 per cent of the transaction value or ex-works price of the product.
86.07
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
86.08 -86.09
A change from any other heading.
Chapter 87
Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof
87.01
Production in which the value of all non-originating materials used does not exceed 45 per cent of the transaction value or ex-works price of the product
 (
2
)
.
87.02
Production in which the value of all non-originating materials used does not exceed 45 per cent of the transaction value or ex-works price of the product
 (
3
)
.
87.03
Production in which the value of all non-originating materials used does not exceed 50 per cent of the transaction value or ex-works price of the product
 (
4
)
.
87.04
Production in which the value of all non-originating materials used does not exceed 45 per cent of the transaction value or ex-works price of the product
 (
5
)
.
87.05
Production in which the value of all non-originating materials used does not exceed 45 per cent of the transaction value or ex-works price of the product
 (
6
)
.
87.06
A change from any other heading, except from heading 84.07 , 84.08  or 87.08 ; or
A change from within this heading, heading 84.07 , 84.08  or 87.08 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading or heading 84.07 , 84.08  or 87.08  does not exceed 50 per cent of the transaction value or ex-works price of the product.
87.07
A change from any other heading, except from heading 87.08 ; or
A change from within this heading or heading 87.08 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading or heading 87.08  does not exceed 50 per cent of the transaction value or ex-works price of the product.
87.08
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
87.09
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
87.10 -87.11
A change from any other heading.
87.12
A change from any other heading, except from 87.14 ; or
A change from heading 87.14 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 87.14  does not exceed 50 per cent of the transaction value or ex-works price of the product.
87.13
A change from any other heading.
87.14 -87.16
A change from any other heading; or
A change from within any one of these headings, whether or not there is a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
Chapter 88
Aircraft, spacecraft, and parts thereof
88.01
A change from any other heading.
88.02 -88.05
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
Chapter 89
Ships, boats and floating structures
89.01 -89.06
A change from any other chapter; or
A change from within this chapter, whether or not there is also a change from any other chapter, provided that the value of non-originating materials of Chapter 89 does not exceed 40 per cent of the transaction value or ex-works price of the product.
89.07 -89.08
A change from any other heading.
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
90.01
A change from any other heading.
90.02
A change from any other heading, except from heading 90.01 ; or
A change from within this heading or heading 90.01 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading or heading 90.01  does not exceed 50 per cent of the transaction value or ex-works price of the product.
90.03 -90.33
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
Chapter 91
Clocks and watches and parts thereof
91.01 -91.07
A change from any other heading, except from heading 91.08  through 91.14 ; or
A change from heading 91.08  through 91.14 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 91.08  through 91.14  does not exceed 50 per cent of the transaction value or ex-works price of the product.
91.08 -91.14
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
Chapter 92
Musical instruments; parts and accessories of such articles
92.01 -92.08
A change from any other heading, except from heading 92.09 ; or
A change from heading 92.09 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 92.09  does not exceed 50 per cent of the transaction value or ex-works price of the product.
92.09
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
Section XIX
Arms and Ammunition; Parts and Accessories Thereof
Chapter 93
Arms and ammunition; parts and accessories thereof
93.01 -93.04
A change from any other heading, except from heading 93.05 ; or
A change from heading 93.05 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of heading 93.05  does not exceed 50 per cent of the transaction value or ex-works price of the product.
93.05 -93.07
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
Section XX
Miscellaneous Manufactured Articles
Chapter 94
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings
94.01 -94.06
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
Chapter 95
Toys, games and sports requisites; parts and accessories thereof
95.03 -95.05
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
9506.11 -9506.29
A change from any other heading; or
A change from within any one of these subheadings or any other subheading, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same subheading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
9506.31
A change from any other heading; or
A change from subheading 9506.39 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of subheading 9506.39  does not exceed 50 per cent of the transaction value or ex-works price of the product.
9506.32 -9506.99
A change from any other heading; or
A change from within any one of these subheadings or any other subheading, whether or not there is also a change from any other subheading, provided that the value of non-originating materials classified in the same subheading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
95.07 -95.08
A change from any other heading.
Chapter 96
Miscellaneous manufactured articles
9601.10 -9602.00
A change from within any one of these subheadings or any other subheading.
96.03 -96.04
A change from any other heading.
96.05
A change from any other heading, provided that the value of the non-originating component products does not exceed 25 per cent of the transaction value or ex-works price of the set.
96.06 -96.07
A change from any other heading; or
A change from within any one of these headings, whether or not there is also a change from any other heading, provided that the value of non-originating materials classified in the same heading as the final product does not exceed 50 per cent of the transaction value or ex-works price of the product.
9608.10 -9608.40
A change from any other heading; or
A change from within this heading, except from subheading 9608.50 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading other than subheading 9608.50  does not exceed 50 per cent of the transaction value or ex-works price of the product.
9608.50
A change from any other heading; or
A change from subheading 9608.10  through 9608.40  or 9608.60  through 9608.99 , whether or not there is also a change from any other heading, provided that the value of the non-originating component products of subheading 9608.10  through 9608.40  or 9608.60  through 9608.99  does not exceed 25 per cent of the transaction value or ex-works price of the set.
9608.60 -9608.99
A change from any other heading; or
A change from within this heading, except from subheading 9608.50 , whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading other than subheading 9608.50  does not exceed 50 per cent of the transaction value or ex-works price of the product.
96.09
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
96.10 -96.12
A change from any other heading.
96.13
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
96.14
A change from within this heading or any other heading.
96.15
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the value of non-originating materials of this heading does not exceed 50 per cent of the transaction value or ex-works price of the product.
96.16 -96.18
A change from any other heading.
96.19
A change from any other heading.
Section XXI
Works of Art, Collectors' Pieces and Antiques
Chapter 97
Works of art, collectors' pieces and antiques
97.01 -97.06
A change from any other heading.
(
1
)
  In these notes product 
x
 or tariff provision 
x
 denotes a specific product or tariff provision, and 
x
 per cent denotes a specific percentage.
(
2
)
  The Parties agree to apply cumulation with the United States according to the following provisions:
Provided that there is a Free Trade Agreement in force between each Party and the United States consistent with the Parties' WTO obligations and the Parties reach agreement on all the applicable conditions, any material of Chapter 84, 85, 87 or 94 of the Harmonized System originating in the United States used in the production of this product in Canada or the European Union will be considered as originating. Without prejudice to the outcome of the free trade negotiations between the European Union and the United States, the discussions on the applicable conditions will include consultations to ensure consistency between the calculation method agreed between the European Union and the United States and the method applicable under this Agreement for this product, if necessary.
Accordingly the above rule of origin will cease to apply one year following the entry into application of such cumulation and the following rule of origin shall apply instead:
Production in which the value of all non-originating materials used does not exceed 40 per cent of the transaction value or ex-works price of the product.
The application of cumulation and of the new rule of origin will be published in the Official Journal of the European Union for information purposes.
(
3
)
  See footnote 1.
(
4
)
  This rule of origin will cease to apply seven years after the entry into force of this Agreement. The following rule of origin shall apply instead:
Production in which the value of all non-originating materials used does not exceed 45 per cent of the transaction value or ex-works price of the product.
Notwithstanding the foregoing, and subject to any applicable conditions agreed upon by the Parties, the following rule of origin shall apply when the cumulation provided for in Annex 5-A: Section D — Vehicles, Note 1 enters into application:
Production in which the value of all non-originating materials used does not exceed 40 per cent of the transaction value or ex-works price of the product.
(
5
)
  See footnote 1.
(
6
)
  See footnote 1.
ANNEX 5-A
ORIGIN QUOTAS AND ALTERNATIVES TO THE PRODUCT-SPECIFIC RULES OF ORIGIN IN ANNEX 5
Common Provisions
1.
Annex 5-A applies to the products identified in the following Sections:
(a)
Section A: Agricultural Products
(b)
Section B: Fish and Seafood
(c)
Section C: Textiles and Apparel
(d)
Section D: Vehicles
2.
For the products listed in the tables within each Section, the corresponding rules of origin are alternatives to those set out in Annex 5 — Product-Specific Rules of Origin, within the limits of the applicable annual quota.
3.
The importing Party shall manage the origin quotas on a first-come first-served basis and shall calculate the quantity of products entered under these origin quotas on the basis of that Party's imports.
4.
All exports under the origin quotas must make reference to Annex 5-A. The Parties shall not count any products against the annual origin quota without such reference.
5.
Canada shall notify the European Union if any Canadian-issued documentation requirements are established for:
(a)
products exported from Canada under the applicable origin quota; or
(b)
products imported into Canada under the applicable origin quota.
6.
If the European Union receives notification pursuant to paragraph 5(a), the European Union shall allow for only those products accompanied by such documentation to claim the preferential tariff treatment based on the alternative rule of origin specified in Annex 5-A.
7.
The Parties shall administer the origin quotas on a calendar year basis with the full in-quota quantity to be made available on January 1st of each year. For the administration of these origin quotas in Year 1, the Parties shall calculate the quota volumes of these origin quotas by discounting the volume corresponding to the period running between the 1st of January and the date of entry into force of this Agreement.
8.
With respect to the European Union, any quantities referred to in this Annex shall be managed by the European Commission, which shall take all administrative actions it deems advisable for their efficient management in respect of the applicable legislation of the European Union.
9.
The Parties shall consult as needed to ensure that Annex 5-A is administered effectively and shall cooperate in the administration of Annex 5-A. The Parties shall consult to discuss possible modifications to Annex 5-A.
10.
Additional provisions, such as review or growth of the origin quotas, are provided separately for each Section.
Section A — Agriculture
Table A.1
Annual Quota Allocation for High-Sugar Containing
(
1
)
Products Exported from Canada to the European Union
(
2
)
Harmonized System classification
Product description
Sufficient production
Annual quota for exports from Canada into the European Union (metric tonnes, net weight)
ex ex 1302.20
Pectic substances, pectinates and pectates, containing added sugar of subheading 1701.91  through 1701.99
A change from within this subheading or any other subheading, except from subheading 1701.91  through 1701.99 .
30 000
ex ex 1806.10
Cocoa powder, containing added sugar of subheading 1701.91  through 1701.99
A change from any other subheading, except from subheading 1701.91  through 1701.99 .
ex ex 1806.20
Preparations containing added sugar of subheading 1701.91  through 1701.99  for the preparation of chocolate beverages
A change from within this subheading or any other subheading, except from subheading 1701.91  through 1701.99 .
ex ex 2101.12
Preparations with a basis of extracts, essences or concentrates of coffee or with a basis of coffee containing added sugar of subheading 1701.91  through 1701.99
A change from any other subheading, except from subheading 1701.91  through 1701.99 .
ex ex 2101.20
Preparations with a basis of extracts, essences or concentrates of tea or maté, or with a basis of tea or maté containing added sugar of subheading 1701.91  through 1701.99
A change from within this subheading or any other subheading, except from subheading 1701.91  through 1701.99 .
ex ex 2106.90
Food preparations containing added sugar of subheading 1701.91  through 1701.99
A change from within this subheading or any other subheading, except from subheading 1701.91  through 1701.99 .
Review and Growth Provisions Related to Table A.1
1.
The Parties shall review the origin quota level in Table A.1 at the end of every five year period for the first three consecutive five year periods following the entry into force of this Agreement.
2.
At the end of each five year period for the first three consecutive five year periods following the entry into force of this Agreement, the origin quota volume in Table A.1 will be increased by 20 per cent of the volume set in the previous period, provided that:
(a)
in any one year during the first five year period the fill-rate is at least 60 per cent;
(b)
in any one year during the second five year period the fill-rate is at least 70 per cent; and
(c)
in any one year during the third five year period the fill-rate is at least 80 per cent.
3.
Any increase in the origin quota volume will be implemented in the first quarter of the subsequent calendar year.
4.
This review will be conducted by the Committee on Agriculture. At the end of the review, if applicable, the Parties shall notify each other in writing of an increase in the origin quota under paragraph 2 and the date on which the increase applies under paragraph 3. The Parties shall ensure that an increase in the origin quota and the date it becomes applicable are publicly available.
Table A.2
Annual Quota Allocation for Sugar Confectionery and Chocolate Preparations Exported from Canada to the European Union
Harmonized System classification
Product description
Sufficient production
Annual quota for exports from Canada into the European Union (metric tonnes, net weight)
17.04
Sugar confectionery (including white chocolate), not containing cocoa
A change from any other heading.
10 000
1806.31
Chocolate and other food preparations containing cocoa, in blocks, slabs or bars, filled, weighing no more than 2 kilograms
A change from any other subheading, provided that the change is the result of more than packaging.
1806.32
Chocolate and other food preparations containing cocoa, in blocks, slabs or bars, not filled, weighing no more than 2 kilograms
1806.90
Chocolate and other food preparations containing cocoa other than those of subheading 1806.10  through 1806.32
Review and Growth Provisions Related to Table A.2
1.
The Parties shall review the origin quota in Table A.2 at the end of every five year period following the entry into force of this Agreement, provided that in any one year during the previous 5 year period, the origin quota fill-rate is at least 60 per cent.
2.
The review will be conducted with a view to increasing the volume based on the examination of all relevant factors, in particular the fill rate, growth in Canadian exports to the world, growth in total European Union imports, and any other significant trends in trade of the products to which the origin quota applies.
3.
The rate of increase in the origin quota will be established for the subsequent period of five years, and will not be greater than 10 per cent of the volume set in the previous period.
4.
This review will be conducted by the Committee on Agriculture. Any recommendation of the Committee on Agriculture to increase the origin quota volume shall be submitted to the CETA Joint Committee for a decision in accordance with Article 30.2.2.
Table A.3
Annual Quota Allocation for Processed Foods Exported from Canada to the European Union
Harmonized System classification
Product description
Sufficient production
Annual quota for exports from Canada into the European Union (metric tonnes net weight)
19.01
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 per cent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading 04.01  through 04.04 , not containing cocoa or containing less than 5 per cent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included
A change from any other heading.
35 000
ex ex 1902.11
Uncooked pasta, not stuffed or otherwise prepared, containing eggs and rice
A change from any other heading.
ex ex 1902.19
Uncooked pasta, not stuffed or otherwise prepared, other, containing rice
ex ex 1902.20
Stuffed pasta, whether or not cooked or otherwise prepared, containing rice
ex ex 1902.30
Other pasta, containing rice
1904.10
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes)
A change from any other heading; or
A change from within this heading, whether or not there is also a change from any other heading, provided that the weight of the non-originating materials of this heading does not exceed 30 per cent of either the net weight of the product or the net weight of all material used in production.
1904.20
Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals
1904.90
Prepared foods other than those of subheading 1904.10  through 1904.30
A change from any other heading.
19.05
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
A change from any other heading.
2009.81
Cranberry juice
A change from any other heading.
ex ex 2009.89
Blueberry juice
A change from any other heading.
2103.90
Other sauces and preparations therefor, other mixed condiments and mixed seasonings
A change from any other heading.
ex ex 2106.10
Protein concentrates and textured protein substances, not containing added sugar of subheading 1701.91  through 1701.99  or containing less than 65 per cent by net weight of added sugar of subheading 1701.91  through 1701.99
A change from any other subheading; or
A change from within the same subheading, whether or not there is also a change from any other subheading, provided that the net weight of non-originating material from within that subheading does not exceed 30 per cent of either the net weight of the product or the net weight of all material used in production.
ex ex 2106.90
Other food preparations not elsewhere specified or included, not containing added sugar of subheading 1701.91  through 1701.99  or containing less than 65 per cent by net weight of added sugar of subheading 1701.91  through 1701.99
Review and Growth Provisions Related to Table A.3
1.
The Parties shall review the origin quota in Table A.3 at the end of every five year period following the entry into force of this Agreement, provided that in any one year during the previous five year period, the origin quota fill-rate is at least 60 per cent.
2.
The review will be conducted with a view to increasing the volume based on the examination of all relevant factors, in particular the fill-rate, growth in Canadian exports to the world, growth in total European Union imports, and any other significant trends in trade of the products to which the origin quota applies.
3.
The rate of increase in the origin quota will be established for the subsequent period of five years, and will not be greater than 10 per cent of the volume set in the previous period.
4.
This review will be conducted by the Committee on Agriculture. Any recommendation of the Committee on Agriculture to increase the origin quota volume shall be submitted to the CETA Joint Committee for a decision in accordance with Article 30.2.2.
Table A.4
Annual Quota Allocation for Dog and Cat Food Exported from Canada to the European Union
Harmonized System classification
Product description
Sufficient production
Annual quota for exports from Canada into the European Union (metric tonnes, net weight)
2309.10
Dog or cat food, put up for retail sale
A change from subheading 2309.90  or any other heading, except from dog or cat food of subheading 2309.90 .
60 000
ex ex 2309.90
Dog or cat food, not put up for retail sale
A change from within this subheading or any other heading, except from dog or cat food from within this subheading.
Review and Growth Provisions Related to Table A.4
1.
The Parties shall review the origin quota in Table A.4 at the end of every five year period following the entry into force of this Agreement, provided that in any one year during the previous five year period, the origin quota fill-rate is at least 60 per cent.
2.
The review will be conducted with a view to increasing the volume based on the examination of all relevant factors, in particular the fill-rate, growth in Canadian exports to the world, growth in total European Union imports, and any other significant trends in trade of the products to which the origin quota applies.
3.
The rate of increase in the origin quota will be established for the subsequent period of five years, and will not be greater than 10 per cent of the volume set in the previous period.
4.
This review will be conducted by the Committee on Agriculture. Any recommendation of the Committee on Agriculture to increase the origin quota volume shall be submitted to the CETA Joint Committee for a decision in accordance with Article 30.2.2.
Section B — Fish and Seafood
Table B.1
Annual Quota Allocation for Fish and Seafood Exported from Canada to the European Union
Harmonized System classification
Product description
Annual quota for exports from Canada into the European Union (metric tonnes, net weight)
Sufficient production
ex ex 0304.83
Frozen fillets of halibut, other than 
Reinhardtius hippoglossoides
10
A change from any other heading
 (
3
)
.
ex ex 0306.12
Cooked and frozen lobster
2 000
A change from any other subheading.
1604.11
Prepared or preserved salmon
3 000
A change from any other chapter.
1604.12
Prepared or preserved herring
50
ex ex 1604.13
Prepared or preserved sardines, sardinella and brisling or sprats, excluding 
Sardina pilchardus
200
ex ex 1605.10
Prepared or preserved crab, other than 
Cancer pagurus
44
1605.21 -1605.29
Prepared or preserved shrimps and prawns
5 000
1605.30
Prepared and preserved lobster
240
Growth Provisions Related to Table B.1
1.
For each of the products listed in Table B.1, if more than 80 per cent of an origin quota assigned to a product is used during a calendar year, the origin quota allocation will be increased for the following calendar year. The increase will be 10 per cent of the origin quota assigned to the product in the previous calendar year. The growth provision will apply for the first time after the expiry of the first complete calendar year following the entry into force of this Agreement and will be applied for four consecutive years in total.
2.
Any increase in the origin quota volume will be implemented in the first quarter of the subsequent calendar year. The importing Party shall notify the Party of export in writing if the condition in paragraph 1 is met, and if so, the increase in the origin quota and the date on which the increase is applicable. The Parties shall ensure that the increased origin quota and the date on which it becomes applicable are publicly available.
Review Provision Related to Table B.1
After the completion of the third calendar year following the entry into force of this Agreement, at the request of a Party, the Parties will engage in a discussion on possible revisions to this Section.
Section C — Textiles and Apparel
Table C.1
Annual Quota Allocation for Textiles Exported from Canada to the European Union
Harmonized System classification
Product description
Annual quota for exports from Canada into the European Union (kilograms net weight, unless otherwise specified)
Sufficient production
5107.20
Yarn of combed wool, not put up for retail sale, containing less than 85 per cent by weight of wool
192 000
A change from any other heading.
5205.12
Cotton yarn not elsewhere specified or included, 85 per cent or more by weight of cotton, not put up for retail sale, single uncombed yarn, over 14 nm but not over 43 nm
1 176 000
A change from any other heading.
5208.59
Woven fabrics of cotton, 85 per cent or more cotton by weight, printed, other than plain weave, not elsewhere specified or included, weighing not over 200 g/m
2
60 000  m
2
A change from any other heading.
5209.59
Woven fabrics of cotton, 85 per cent or more cotton by weight, printed, other than plain weave, not elsewhere specified or included, weighing over 200 g/m
2
79 000  m
2
54.02
Synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilaments of less than 67 decitex
4 002 000
A change from any other heading.
5404.19
Synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm, not elsewhere specified or included
21 000
54.07
Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 54.04
4 838 000  m
2
A change from any other heading; or
Printing or dyeing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the non-originating fabric does not exceed 47,5 per cent of the transaction value or ex-works price of the product.
5505.10
Waste (including noils, yarn waste and garnetted stock), of synthetic fibres
1 025 000
A change from any other heading.
5513.11
Woven fabrics of polyester staple fibres, under 85 per cent (wt.) of such fibres, unbleached or bleached, plain weave, mixed mainly or solely with cotton, not over 170 g/m
2
6 259 000  m
2
A change from any other heading.
56.02
Felt, whether or not impregnated, coated, covered or laminated
583 000
A change from any other chapter.
56.03
Nonwovens (of textile materials), whether or not impregnated, coated, covered or laminated
621 000
57.03
Carpets and other textile floor coverings, tufted, whether or not made-up
196 000  m
2
58.06
Narrow woven fabrics, other than goods of heading 58.07  (other than labels, badges and similar articles, in the piece etc.); narrow fabrics consisting of warp without weft assembled by means of an adhesive
169 000
A change from any other heading.
5811.00
Quilted textile products in the piece (one or more layers assembled with padding by stitching etc.), other than embroidery of heading 58.10
12 000  m
2
A change from any other heading.
59.03
Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 59.02
1 754 000  m
2
A change from any other chapter, provided that the value of the non-originating fabric does not exceed 60 per cent of the transaction value or ex-works price of the product.
5904.90
Floor coverings, consisting of a coating or covering applied on a textile backing, whether or not cut to shape, excluding linoleum
24 000  m
2
59.06
Rubberized textile fabrics, other than those of heading 59.02
450 000
5907.00
Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like
2 969 000  m
2
59.11
Textile products and articles for specified technical uses
173 000
60.04
Knitted or crocheted fabrics of a width exceeding 30 cm, containing by weight 5 per cent or more elastomeric yarn or rubber thread, other than those of heading 60.01
25 000
A change from any other heading; or
Printing or dyeing, accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerizing, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the non-originating fabric does not exceed 47,5 per cent of the transaction value or ex-works price of the product.
60.05
Warp knit fabrics (including those made on galloon knitting machines), other than those of heading 60.01  to 60.04
16 000
60.06
Knitted or crocheted fabrics, not elsewhere specified or included
24 000
63.06
Tarpaulins, awnings, sunblinds, tents, sails for boats, sailboards or landcraft, and camping goods, of textile materials
124 000
A change from any other chapter.
63.07
Made-up articles of textile materials, not elsewhere specified or included
503 000
m
2
 = metres squared
Table C.2
Annual Quota Allocation for Apparel Exported from Canada to the European Union
Harmonized System classification
Product description
Annual quota for exports from Canada into the European Union (units, unless otherwise specified)
Sufficient production
 (
4
)
6101.30
Men's or boys' overcoats, car coats, capes, cloaks, anoraks, ski-jackets, and similar articles of manmade fibres, knitted or crocheted
10 000
A change from any other chapter, provided that the product is both cut (or knit to shape) and sewn or otherwise assembled in the territory of a Party; or
A change to a good knit to shape, for which no sewing or other assembly is required, from any other chapter.
6102.30
Women's or girls' overcoats, car coats, capes, cloaks, anoraks, ski-jackets and similar articles of manmade fibres, knitted or crocheted
17 000
61.04
Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, etc. (no swimwear), knitted or crocheted
535 000
6106.20
Women's or girls' blouses and shirts of manmade fibres, knitted or crocheted
44 000
6108.22
Women's or girls' briefs and panties of manmade fibres, knitted or crocheted
129 000
6108.92
Women's or girls' negligees, bathrobes, dressing gowns and similar articles of manmade fibres, knitted or crocheted
39 000
6109.10
T-shirts, singlets and other vests, of cotton, knitted or crocheted
342 000
6109.90
T-shirts, singlets and other vests, of textile materials not elsewhere specified or included, knitted or crocheted
181 000
61.10
Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted
478 000
6112.41
Women's or girls' swimwear of synthetic fibres, knitted or crocheted
73 000
61.14
Garments not elsewhere specified or included, knitted or crocheted
90 000  kilograms
61.15
Pantyhose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example stockings for varicose veins) and footwear without applied soles, knitted or crocheted
98 000  kilograms
62.01
Men's or boys' overcoats car coats, capes, cloaks, anoraks (including ski-jackets), windcheaters, wind-jackets and similar articles, not knitted or crocheted, other than those of heading 6203
96 000
62.02
Women's or girls' overcoats, car coats, capes, cloaks, anoraks (including ski-jackets), windcheaters, wind-jackets and similar articles, not knitted or crocheted, other than those of heading 6204
99 000
62.03
Men's or boys' suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), not knitted or crocheted
95 000
62.04
Women's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), not knitted or crocheted
506 000
62.05
Men's or boys' shirts, not knitted or crocheted
15 000
62.06
Women's or girls' blouses, shirts and shirt-blouses, not knitted or crocheted
64 000
6210.40
Men's or boys' garments, made up of fabrics of heading 59.03 , 59.06  or 59.07 , not elsewhere specified or included, not knitted or crocheted
68 000  kilograms
6210.50
Women's or girls' garments, made up of fabrics of heading 59.03 , 59.06  or 59.07 , not elsewhere specified or included, not knitted or crocheted
30 000  kilograms
62.11
Track suits, ski-suits and swimwear, other garments not elsewhere specified or included, not knitted or crocheted
52 000  kilograms
6212.10
Brassieres, whether or not knitted or crocheted
297 000
6212.20
Girdles and panty girdles, whether or not knitted or crocheted
32 000
6212.30
Corselettes, whether or not knitted or crocheted
40 000
6212.90
Braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted
16 000  kilograms
Table C.3
Annual Quota Allocation for Textiles Exported from the European Union to Canada
Harmonized System classification
Product description
Annual quota for exports from the European Union into Canada (kilograms, unless otherwise specified)
Sufficient production
5007.20
Woven fabrics containing 85 per cent or more by weight of silk or of silk waste other than noil silk
83 000  m
2
Weaving.
5111.30
Woven fabrics containing predominantly, but less than 85 per cent by weight of carded wool or carded fine animal hair, mixed mainly or solely with man-made staple fibres
205 000  m
2
Weaving.
51.12
Woven fabrics of combed wool or of combed fine animal hair
200 000
Weaving.
5208.39
Woven fabrics of cotton, containing 85 per cent or more cotton by weight and weighing not more than 200 g/m
2
, dyed, excluding those in three-thread or four-thread twill, which includes cross twill, and plain woven fabrics
116 000  m
2
Weaving.
5401.10
Sewing thread of synthetic filaments, whether or not put up for retail sale
18 000
Extrusion of man-made filament yarn whether or not accompanied by spinning; or
Spinning.
5402.11
Synthetic filament yarn, not put up for retail sale, high tenacity yarn of aramids
504 000
Extrusion of man-made filament yarn whether or not accompanied by spinning; or
Spinning.
54.04
Synthetic monofilament of 67 decitex or more and with a cross sectional dimension of no more than 1 mm; strip and the like, (for example, artificial straw), of synthetic textile material, with an apparent width of no more than 5 mm
275 000
Extrusion of man-made filament yarn whether or not accompanied by spinning; or
Spinning.
54.07
Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 54.04
636 000
Weaving.
56.03
Nonwovens, whether or not impregnated, coated, covered or laminated, not elsewhere specified or included
1 629 000
Any non-woven process including needle punching.
5607.41
Binder or baler twine, of polyethylene or polypropylene
813 000
Any non-woven process including needle punching.
5607.49
Twine, cordage, ropes and cables of polyethylene or polypropylene, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics (excluding binder or baler twine)
347 000
Any non-woven process including needle punching.
5702.42
Carpets and other floor coverings, of man-made textile materials, woven, not tufted or flocked, of pile construction, made up (excluding kelem, schumacks, karamanie and similar hand-woven rugs)
187 000  m
2
Weaving; or
Use of any non-woven process including needle punching.
5703.20
Carpets and other floor coverings, of nylon or other polyamides, tufted whether or not made up
413 000  m
2
Weaving; or
Use of any non-woven process including needle punching.
5704.90
Carpets and other floor coverings, of felt, not tufted or flocked, whether or not made-up (excluding floor tiles with an area of no more than 0,3 m
2
)
1 830 000
Weaving; or
Use of any non-woven process including needle punching.
59.03
Textile fabrics impregnated, coated, covered or laminated with plastics (excluding tyre cord fabric of high-tenacity yarn of nylon or other polyamides, polyesters or viscose rayon)
209 000
Weaving; or
Coating, flocking, laminating or metalising, in each case accompanied by at least two other main preparatory finishing operations (such as calendering, shrinking resistance processing) confer origin provided that at least 52,5 per cent value was added based on the transaction value or ex-work price of product
5904.10
Linoleum, whether or not cut to shape
61 000  m
2
Weaving; or
Coating, flocking, laminating or metalising, in each case accompanied by at least two other main preparatory finishing operations (such as calendering, shrinking resistance processing) confer origin provided that at least 52,5 per cent value was added based on ex-work price of product.
5910.00
Transmission or conveyor belts or belting, of textile material, whether or not impregnated, coated, covered or laminated with plastics, or reinforced with metal or other material
298 000
Manufacturing from yarn or waste fabrics or rags of heading 63.10 ;
Weaving; or
Coating, flocking, laminating or metalising, in each case accompanied by at least two other main preparatory finishing operations (such as calendering, shrinking resistance processing) confer origin provided that at least 52,5 per cent value was added based on ex-work price of product.
59.11
Textile products and articles, for technical uses, specified in note 7 to Chapter 59
160 000
Manufacturing from yarn or waste fabrics or rags of heading 63.10 ;
Weaving; or
Coating, flocking, laminating or metalising, in each case accompanied by at least two other main preparatory finishing operations (such as calendering, shrinking resistance processing) confer origin provided that at least 52,5 per cent value was added based on ex-work price of product.
6302.21
Bed linen, printed, of cotton, not knitted or crocheted
176 000
Cutting of fabric and making up; or
Use of any non-woven process including needle punching accompanied by making up (including cutting).
6302.31
Bed linen (other than printed) of cotton, not knitted or crocheted
216 000
Cutting of fabric and making up;
Use of any non-woven process including needle punching accompanied by making up (including cutting);or
Making up preceded by printing.
6302.91
Toilet linen and kitchen linen of cotton (excluding of terry towelling or similar terry fabrics), floor-cloths, polishing-cloths, dish-cloths and dusters
20 000
Use of any non-woven process including needle punching accompanied by making up (including cutting);
Cutting of fabric and making up; or
Making up preceded by printing.
Table C.4
Annual Quota Allocation for Apparel Exported from the European Union to Canada
Harmonized System classification
Product description
Annual quota for exports from the European Union into Canada (units, unless otherwise specified)
Sufficient production
 (
5
)
6105.10
Men's or boys' shirts of cotton, knitted or crocheted (excluding nightshirts, t-shirts, singlets and other vests)
46 000
Cutting of fabric and making up.
61.06
Women's or girls' blouses, shirts and shirt-blouses, knitted or crocheted (excluding t-shirts and vests)
126 000
Cutting of fabric and making up.
61.09
T-shirts, singlets and other vests, knitted or crocheted
722 000
Cutting of fabric and making up.
61.10
Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted (excluding wadded waistcoats)
537 000
Cutting of fabric and making up; or
Knitting to shape for products for which no sewing or other assembly is required.
61.14
Other garments not elsewhere specified or included, knitted or crocheted
58 000  kilograms
Cutting of fabric and making up; or
Knitting to shape for products for which no sewing or other assembly is required.
61.15
Pantyhose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted (excluding for babies)
1 691 000  pairs
Cutting of fabric and making up; or
Knitting to shape for products for which no sewing or other assembly is required.
6202.11
Women's or girls' overcoats, raincoats, carcoats, capes, cloaks and similar articles of wool or fine animal hair, not knitted or crocheted
15 000
Cutting of fabric and making up.
6202.93
Women's or girls' anoraks, windcheaters, wind jackets and similar articles, of man-made fibres (not knitted or crocheted)
16 000
Cutting of fabric and making up.
6203.11
Men's or boys' suits of wool or fine animal hair
39 000
Cutting of fabric and making up.
6203.12 -6203.49
Men's or boys' suits (excluding wool or fine animal hair), ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (excluding knitted or crocheted, and swimwear)
281 000
Cutting of fabric and making up.
62.04
Women's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (excluding knitted or crocheted and swimwear)
537 000
Cutting of fabric and making up.
6205.20
Men's or boys' shirts of cotton, not knitted or crocheted
182 000
Cutting of fabric and making up.
62.10
Garments made up of fabrics of heading 56.02 , 56.03 , 59.03 , 59.06  or 59.07  (excluding knitted or crocheted, and babies' garments)
19 000
Cutting of fabric and making up.
62.11
Tracksuits, ski suits, swimwear and other garments, not elsewhere specified or included (excluding knitted or crocheted)
85 000  kilograms
Cutting of fabric and making up.
62.12
Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, of all types of textile materials, whether or not elasticated, including knitted or crocheted (excluding belts and corselets made entirely of rubber)
26 000  dozens
Cutting of fabric and making up.
Growth Provisions Related to Tables C.1, C.2, C.3 and C.4
1.
For each of the products listed in Tables C.1, C.2, C.3 and C.4, if more than 80 per cent of an origin quota assigned to a product is used during a calendar year, the origin quota allocation will be increased for the following calendar year. The increase will be 3 per cent of the origin quota assigned to the product in the previous calendar year. The growth provision will apply for the first time after the expiry of the first complete calendar year following the entry into force of this Agreement. The annual origin quota allocations may be increased during a period of up to ten years.
2.
Any increase in the origin quota volume will be implemented in the first quarter of the subsequent calendar year. The importing Party shall notify the Party of export in writing if the condition in paragraph 1 is met, and if so, the increase in the origin quota and the date on which the increase is applicable. The Parties shall ensure that the increased origin quota and the date on which it becomes applicable are publicly available.
Review Provision Related to Tables C.1, C.2, C.3 and C4
At the request of a Party, the Parties shall meet to revise the product coverage quantities of the quota allocations based on developments in the relevant markets and sectors. The Parties may recommend revisions to the Committee on Trade in Goods.
Section D — Vehicles
Table D.1
Annual Quota Allocation for Vehicles Exported from Canada to the European Union
Harmonized System classification
Product description
Sufficient production
Annual quota for exports from Canada into the European Union (units)
8703.21
Other vehicles, with spark-ignition internal combustion reciprocating piston engine: of a cylinder capacity not exceeding 1 000  cc
Production in which the value of all non-originating materials used does not exceed:
(a)
70 per cent of the transaction value or ex-works price of the product; or
(b)
80 per cent of the net cost of the product.
100 000
8703.22
Other vehicles, with spark-ignition internal combustion reciprocating piston engine: of a cylinder capacity exceeding 1 000  cc but not exceeding 1 500  cc
8703.23
Other vehicles, with spark-ignition internal combustion reciprocating piston engine: of a cylinder capacity exceeding 1 500  cc but not exceeding 3 000  cc
8703.24
Other vehicles, with spark-ignition internal combustion reciprocating piston engine: of a cylinder capacity exceeding 3 000  cc
8703.31
Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel): of a cylinder capacity not exceeding 1 500  cc
8703.32
Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel): of a cylinder capacity exceeding 1 500  cc but not exceeding 2 500  cc
8703.33
Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel): of a cylinder capacity exceeding 2 500  cc
8703.90
Other
Note 1
The Parties agree to apply cumulation with the United States according to the following provisions:
Provided that there is a Free Trade Agreement in force between each Party and the United States consistent with the Parties' WTO obligations and the Parties reach agreement on all the applicable conditions, any material of Chapter 84, 85, 87 or 94 of the Harmonized System originating in the United States used in the production of a product of subheading 8703.21 through 8703.90 of the Harmonized System in Canada or the European Union will be considered as originating. Without prejudice to the outcome of the free trade negotiations between the European Union and the United States, the discussions on the applicable conditions will include consultations to ensure consistency between the calculation method agreed between the European Union and the United States and the method applicable under this Agreement for products of Chapter 87, if necessary.
Accordingly Table D.1 will cease to apply one year following the entry into application of such cumulation.
The application of cumulation and deletion of Note 1 will be published in the Official Journal of the European Union for information purposes.
Review Provision
If seven years after entry into force of this Agreement, cumulation with the United States has not yet entered into force, upon the request of a Party, both Parties shall meet to review these provisions.
Alternative Product-Specific Rules of Origin for Products of heading 87.02
For products of heading 87.02 exported from Canada to the European Union, the following rule of origin applies as an alternative to the rule of origin provided in Annex 5:
A change from any other heading, except from heading 87.06 through 87.08; or
A change from within this heading or heading 87.06 through 87.08, whether or not there is a change from any other heading, provided that the value of non-originating materials of this heading or heading 87.06 through 87.08 does not exceed 50 per cent of the transaction value or ex-works price of the product.
This rule of origin will apply to the enterprises located in Canada and their successors and assigns producing products of heading 87.02 in Canada, as of the conclusion of negotiations on 1 August 2014.
Note 2
The Parties agree to apply cumulation with the United States according to the following provisions:
Provided that there is a Free Trade Agreement in force between each Party and the United States consistent with the Parties' WTO obligations and the Parties reach agreement on all the applicable conditions, any material of Chapter 84, 85, 87 or 94 of the Harmonized System originating in the United States used in the production of a product of heading 87.02 of the Harmonized System in Canada or the European Union will be considered as originating.
Accordingly, the alternative Product-Specific Rules of Origin for products of heading 87.02 will cease to apply one year following the entry into application of such cumulation.
The application of cumulation and deletion of Note 2 will be published in the Official Journal of the European Union for information purposes.
(
1
)
  The products, to which Table A.1 applies, must contain 65 per cent or more by net weight of added cane or beet sugar of subheading 1701.91 through 1701.99. All the cane or beet sugar must have been refined in Canada
(
2
)
  With regard to the products to which Table A.1 applies, it is understood that the sufficient production included in this column provides for production beyond the insufficient production provided in Article 7.
(
3
)
  With regard to the rule of origin for products of subheading 0304.83, it is understood that the production is beyond the insufficient production provided in Article 7.
(
4
)
  With regard to the products to which Table C.2 applies, it is understood that the sufficient production included in this column provides for production beyond the insufficient production provided for in Article 7.
(
5
)
  With regard to the products to which Table C.4 applies, it is understood that the sufficient production included in this column provides for production beyond the insufficient production provided for in Article 7.
ANNEX 6
JOINT DECLARATION CONCERNING RULES OF ORIGIN FOR TEXTILES AND APPAREL
1.
Under this Agreement, trade in textiles and apparel between the Parties is based on the principle that double transformation confers origin, as reflected in Annex 5 (Product-specific rules of origin) of the Protocol on rules of origin and origin procedures.
2.
Nevertheless, for a number of reasons, including the absence of a negative cumulative effect on the producers of the EU, the Parties agree to derogate from paragraph 1 by providing for limited, reciprocal origin quotas for textiles and apparel. These origin quotas are expressed in terms of volumes classified by product category, and includes considering dyeing as equivalent to printing, for a limited and clearly identified range of product categories.
3.
The Parties affirm that these origin quotas, which are exceptional, will be applied in strict adherence to the Protocol on rules of origin and origin procedures.
ANNEX 7
JOINT DECLARATIONS CONCERNING THE PRINCIPALITY OF ANDORRA AND THE REPUBLIC OF SAN MARINO
JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA
1.
Products originating in the Principality of Andorra falling within Chapter 25 to 97 of the Harmonized System shall be accepted by Canada as originating in the European Union within the meaning of this Agreement, provided that the customs union established by Council Decision 90/680/EEC of 26 November 1990 on the conclusion of an agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra remains in force.
2.
The Protocol on rules of origin and origin procedures shall apply 
mutatis mutandis
 for the purpose of defining the originating status of products referred to in paragraph 1 of this Joint Declaration.
JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO
1.
Products originating in the Republic of San Marino shall be accepted by Canada as originating in the European Union within the meaning of this Agreement, provided that these products are covered by 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, and that the latter remains in force.
2.
The Protocol on rules of origin and origin procedures shall apply 
mutatis mutandis
 for the purpose of defining the originating status of the products referred to in paragraph 1 of this Joint Declaration.
Protocol on the mutual acceptance of the results of conformity assessment
Article 1
Definitions
Except as otherwise provided, the definitions contained in Annex 1 to the TBT Agreement apply to this Protocol. However, the definitions contained in the sixth edition of the ISO/IEC Guide 2: 1991 General Terms and Their Definitions Concerning Standardization and Related Activities do not apply to this Protocol. The following additional definitions also apply:
accreditation
 means third-party attestation related to a conformity assessment body conveying formal demonstration of its competence to carry out specific conformity assessment tasks;
accreditation body
 means an authoritative body that performs accreditation 
(
1
)
;
attestation
 means the issuing of a statement based on a decision following review, that fulfilment of specified technical requirements has been demonstrated;
Canadian technical regulation
 means a technical regulation of Canada's national government or of one or more of its provinces and territories;
conformity assessment
 means a process to determine whether relevant requirements in technical regulations have been fulfilled. For the purpose of this Protocol, conformity assessment does not include accreditation;
conformity assessment body
 means a body that performs conformity assessment activities including calibration, testing, certification and inspection;
Decision 768/2008/EC
 means Decision 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC;
European Union technical regulation
 means a technical regulation of the European Union and any measure adopted by a Member State implementing a Directive of the European Union;
in-house body
 means a conformity assessment body that performs conformity assessment activities for the entity of which it forms a part, such as, in the case of the European Union and its Member States, an accredited in-house body fulfilling the requirements in Article R21 of Annex I to Decision 768/2008/EC or the corresponding requirements in a successor instrument;
legitimate objective
 has the same meaning as under Article 2.2 of the TBT Agreement;
Mutual Recognition Agreement
 means the 
Agreement on Mutual Recognition between the European Community and Canada
, done at London on 14 May 1998;
third-party conformity assessment
 means conformity assessment that is performed by a person or body that is independent of the person or organization that provides the product, and of user interests in that product;
third-party conformity assessment body
 means a conformity assessment body that performs third-party conformity assessments.
Article 2
Scope and exceptions
1.   This Protocol applies to those categories of goods listed in Annex 1 for which a Party recognises non-governmental bodies for the purpose of assessing conformity of goods with that Party's technical regulations.
2.   Within three years of the entry into force of this Agreement, the Parties shall consult with a view to broadening the scope of application of this Protocol by modifying Annex 1, to include additional categories of goods for which a Party has recognised non-governmental bodies for the purpose of assessing conformity of those goods with that Party's technical regulations on or before the entry into force of this Agreement. Priority categories of goods for consideration are set out in Annex 2.
3.   The Parties shall give positive consideration to making this Protocol applicable to additional categories of goods which may become subject to third-party conformity assessment by recognised non-governmental bodies pursuant to technical regulations adopted by a Party after the date of entry into force of this Agreement. To that end, the Party shall promptly notify the other Party, in writing, of any such technical regulation that is adopted after the entry into force of this Agreement. If the other Party expresses an interest in including a new category of goods in Annex 1 but the notifying Party does not agree to it, the notifying Party shall provide to the other Party, upon request, the reasons that justify its refusal to expand the scope of the Protocol.
4.   If the Parties decide in accordance with paragraphs 2 or 3 to include additional categories of goods in Annex 1, they shall request the Committee on Trade in Goods, pursuant to Article 18(c), to make recommendations to the CETA Joint Committee to amend Annex 1.
5.   This Protocol does not apply:
(a)
to sanitary and phytosanitary measures as defined in Annex A to the SPS Agreement;
(b)
to purchasing specifications prepared by a governmental body for production or consumption requirements of that body;
(c)
to activities performed by a non-governmental body on behalf of a market surveillance or enforcement authority for post-market surveillance and enforcement, except as provided for in Article 11;
(d)
if a Party has delegated exclusive authority to a single non-governmental body to assess conformity of goods with that Party's technical regulations;
(e)
to agricultural goods;
(f)
to the assessment of aviation safety, whether or not it is covered under the Agreement on 
Civil Aviation Safety between Canada and the European Community
, done at Prague on 6 May 2009; and
(g)
to the statutory inspection and certification of vessels other than recreational craft.
6.   This Protocol does not require the recognition or acceptance by a Party that the other Party's technical regulations are equivalent to its own.
7.   This Protocol does not limit the ability of a Party to prepare, adopt, apply or amend conformity assessment procedures in accordance with Article 5 of the TBT Agreement.
8.   This Protocol does not affect or modify the laws or obligations in the territory of a Party applicable to civil liability.
Article 3
Recognition of conformity assessment bodies
1.   Canada shall recognise a conformity assessment body established in the European Union as competent to assess conformity with specific Canadian technical regulations, under conditions no less favourable than those applied for the recognition of conformity assessment bodies established in Canada, provided that the following conditions are met:
(a)
the conformity assessment body is accredited, by an accreditation body recognised by Canada, as competent to assess conformity with those specific Canadian technical regulations; or
(b)
(i)
the conformity assessment body established in the European Union is accredited, by an accreditation body that is recognised pursuant to Article 12 or Article 15, as competent to assess conformity with those specific Canadian technical regulations;
(ii)
the conformity assessment body established in the European Union is designated by a Member State of the European Union in accordance with the procedures set out in Article 5;
(iii)
there are no unresolved objections pursuant to Article 6;
(iv)
the designation made in accordance with the procedures set out in Article 5 is not withdrawn by a Member State of the European Union; and
(v)
after the expiry of the 30 day period of time referred to in Article 6.1 or 6.2, the conformity assessment body established in the European Union continues to meet all the conditions described in Article 5.5.
2.   The European Union shall recognise a third-party conformity assessment body established in Canada as competent to assess conformity with specific European Union technical regulations, under conditions no less favourable than those applied for the recognition of third-party conformity assessment bodies established in the European Union, provided that the following conditions are met:
(a)
(i)
the conformity assessment body is accredited, by an accreditation body appointed by one of the Member States of the European Union, as competent to assess conformity with those specific European Union technical regulations;
(ii)
the third-party conformity assessment body established in Canada is designated by Canada in accordance with the procedures set out in Article 5;
(iii)
there are no unresolved objections pursuant to Article 6;
(iv)
the designation made in accordance with the procedures set out Article 5 is not withdrawn by Canada; and
(v)
after the expiry of the 30 day period of time referred to in Article 6.1 or 6.2, the third-party conformity assessment body established in Canada continues to meet all the conditions described in Article 5.2; or
(b)
(i)
the third-party conformity assessment body established in Canada is accredited, by an accreditation body that is recognised pursuant to Article 12 or 15, as competent to assess conformity with those specific European Union technical regulations;
(ii)
the third-party conformity assessment body established in Canada is designated by Canada in accordance with the procedures set out in Article 5;
(iii)
there are no unresolved objections pursuant to Article 6;
(iv)
the designation made in accordance with the procedures set out Article 5 is not withdrawn by Canada; and
(v)
after the expiry of the 30 day period of time referred to in Article 6.1 or 6.2, the third-party conformity assessment body established in Canada continues to meet all the conditions described in Article 5.2.
3.   Each Party shall maintain and publish a list of recognised conformity assessment bodies which includes the scope for which each body is recognised. The European Union shall assign an identification number to conformity assessment bodies established in Canada that are recognised under this Protocol, and shall list those conformity assessment bodies in the information system of the European Union, namely the New Approach Notified and Designated Organisations (‘NANDO’) or a successor system.
Article 4
Accreditation of conformity assessment bodies
The Parties recognise that a conformity assessment body should seek accreditation from an accreditation body that is in the territory in which the conformity assessment body is established, provided that that accreditation body has been recognised pursuant to Article 12 or 15 as able to grant the specific accreditation sought by the conformity assessment body. If there is no accreditation body in the territory of a Party that is recognised pursuant to Article 12 or 15 as able to grant a specific accreditation sought by a conformity assessment body established in the territory of that Party, then:
(a)
each Party shall take such reasonable measures as may be available to it to ensure that accreditation bodies in its territory accredit conformity assessment bodies established in the territory of the other Party under conditions no less favourable than those applied to conformity assessment bodies established in its territory;
(b)
a Party shall not adopt or maintain measures which limit the ability of accreditation bodies in its territory to accredit, or discourage those accreditation bodies from accrediting, on conditions no less favourable than those applied for the accreditation of conformity assessment bodies established in the recognising Party's territory, conformity assessment bodies established in the territory of the other Party;
(c)
a Party shall not adopt or maintain measures requiring or encouraging accreditation bodies in its territory to apply conditions for the accreditation of conformity assessment bodies in the territory of the other Party that are less favourable than those applied for the accreditation of conformity assessment bodies in its territory.
Article 5
Designation of conformity assessment bodies
1.   A Party shall designate a conformity assessment body by notifying the contact point of the other Party and sending to that contact point the information described in Annex 3. The European Union shall allow Canada to use the European Union's electronic notification tool for those purposes.
2.   Canada shall only designate a conformity assessment body that meets the following conditions and shall take reasonable measures to ensure that the conditions continue to be met:
(a)
the conformity assessment body meets the requirements set out in Article R17 of Annex I to Decision 768/2008/EC, or the corresponding requirements in successor instruments, except that establishment under national law is interpreted as meaning Canadian law for the purposes of this Protocol; and
(b)
(i)
the conformity assessment body is accredited, by an accreditation body appointed by a Member State of the European Union, as competent to assess conformity with the European Union technical regulations for which the conformity assessment body is being designated; or
(ii)
the conformity assessment body is accredited, by an accreditation body established in Canada that is recognised pursuant to Articles 12 or 15, as competent to assess conformity with the European Union technical regulations for which the conformity assessment body is being designated.
3.   The Parties shall deem the applicable requirements of Article R17 of Annex I to Decision 768/2008/EC to be met when the conformity assessment body is accredited pursuant to either procedure described in subparagraph 2(b) and if the accreditation body requires, as a condition for granting the accreditation, that the conformity assessment body meet requirements equivalent to the applicable requirements of Article R17 of Annex I to Decision 768/2008/EC or the corresponding requirements in successor instruments.
4.   If the European Union considers revising the requirements set out in Article R17 of Annex I to Decision 768/2008/EC, it shall consult Canada at the earliest stage of, and throughout, the review process with a view to ensuring that conformity assessment bodies in the territory of Canada continue to meet any revised requirements on no less favourable conditions than conformity assessment bodies in the territory of the European Union.
5.   A Member State of the European Union shall only designate a conformity assessment body that meets the following conditions and shall take reasonable measures to ensure that the conditions continue to be met:
(a)
the conformity assessment body is established in the territory of the Member State; and
(b)
(i)
the conformity assessment body is accredited, by an accreditation body recognised by Canada, as competent to assess conformity with the Canadian technical regulations for which the conformity assessment body is being designated; or
(ii)
the conformity assessment body is accredited, by an accreditation body established in the European Union that has been recognised pursuant to Article 12 or 15, as competent to assess conformity with the Canadian technical regulations for which the conformity assessment body is being designated.
6.   A Party may refuse to recognise a conformity assessment body that does not meet the conditions in paragraph 2 or 5, as the case may be.
Article 6
Objections to the designation of conformity assessment bodies
1.   A Party may object to the designation of a conformity assessment body, within 30 days of the notification by the other Party pursuant to Article 5.1, if:
(a)
the Party which designated the conformity assessment body failed to provide the information described in Annex 3; or
(b)
the Party has reasons to believe that the conformity assessment body that is designated does not meet the conditions described in Article 5.2 or 5.5.
2.   Following any subsequent transmission of information by the other Party, a Party may object within 30 days of the receipt of that information, if the information remains insufficient to demonstrate that the designated conformity assessment body meets the conditions described in Article 5.2 or 5.5.
Article 7
Challenges to designations of conformity assessment bodies
1.   A Party which has recognised a conformity assessment body under this Protocol may challenge the competence of that conformity assessment body if:
(a)
the Party which designated the conformity assessment body failed to take the actions required by Article 11.3, following a notification by the other Party of the non-conformity with applicable technical regulations of a product that had been assessed as being in conformity with these technical regulations by that conformity assessment body; or
(b)
the Party has reasons to believe that the results of conformity assessment activities performed by that conformity assessment body do not provide sufficient assurances that the products assessed by that body as conforming with applicable technical regulations are in fact in conformity with these technical regulations.
2.   A Party which challenges the competence of a recognised conformity assessment body under this Protocol shall immediately notify the Party which designated the conformity assessment body of the challenge, and provide the reasons for the challenge.
3.   A Party that:
(a)
has challenged the competence of a recognised conformity assessment body under this Protocol; and
(b)
has well-founded reasons to believe that the products assessed to be in conformity with applicable technical regulations by that conformity assessment body may fail to conform to its technical regulations,
may refuse to accept the results of that conformity assessment body's conformity assessment activities until the challenge is resolved or the recognising Party has ceased to recognise the conformity assessment body in accordance with paragraph 5.
4.   The Parties shall cooperate and make reasonable efforts to resolve the challenge promptly.
5.   Without prejudice to paragraph 3, the recognising Party may cease to recognise the conformity assessment body whose competence is challenged if:
(a)
the Parties resolve the challenge by concluding that the recognising Party has raised valid concerns as to the competence of the conformity assessment body;
(b)
the Party which designated the conformity assessment body failed to complete the actions required by Article 11.3 within 60 days after being notified pursuant to subparagraph 1(a); or
(c)
the recognising Party objectively demonstrates to the other Party that the results of conformity assessment activities performed by that conformity assessment body do not provide sufficient assurance that the products assessed by it as conforming with the applicable technical regulations are in fact in conformity with these technical regulations; and
(d)
the challenge has not been resolved within 120 days after the Party that had designated the conformity assessment body has been notified of the challenge pursuant to paragraph 1.
Article 8
Withdrawals of conformity assessment bodies
1.   A Party shall withdraw the designation, or modify the scope of the designation, as appropriate, of a conformity assessment body it has designated if the Party becomes aware that:
(a)
the conformity assessment body's scope of accreditation has been reduced;
(b)
the conformity assessment body's accreditation lapses;
(c)
the conformity assessment body no longer meets the other conditions described in Article 5.2 or 5.5; or
(d)
the conformity assessment body is no longer willing, or is otherwise no longer competent or able, to assess conformity within the scope for which it was designated.
2.   A Party shall notify the other Party, in writing, of a withdrawal or modification of the scope of a designation under paragraph 1.
3.   When a Party withdraws the designation or modifies the scope of the designation of a conformity assessment body owing to concerns about the competence or the continued fulfilment by that conformity assessment body of the requirements and responsibilities to which it is subject under Article 5, it shall communicate the reasons for its decision in writing to the other Party.
4.   When communicating with the other Party, a Party shall indicate the date as of which it considers that any of the conditions or concerns enumerated under paragraphs 1 or 3 may have applied to the conformity assessment body.
5.   Without prejudice to Article 7.5, the recognising Party may immediately cease to recognise a conformity assessment body as competent if:
(a)
the conformity assessment body's accreditation lapses;
(b)
the conformity assessment body voluntarily withdraws its recognition;
(c)
the designation of the conformity assessment body is withdrawn pursuant to this Article;
(d)
the conformity assessment body ceases to be established in the territory of the other Party; or
(e)
the recognising Party ceases to recognise the accreditation body that accredited the conformity assessment body pursuant to Article 13 or 14.
Article 9
Acceptance of the results of conformity assessment by recognised conformity assessment bodies
1.   A Party shall accept the results of conformity assessment activities performed by conformity assessment bodies established in the other Party's territory which the Party recognises in accordance with Article 3 under conditions no less favourable than those applied to the results of conformity assessment activities performed by recognised conformity assessment bodies in its territory. The Party shall accept these results regardless of the nationality and location of the supplier or manufacturer, or of the country of origin of the product for which the conformity assessment activities are performed.
2.   If a Party has ceased to recognise a conformity assessment body established in the territory of the other Party, it may cease to accept the results of conformity assessment activities performed by that conformity assessment body from the date when it ceased to recognise that conformity assessment body. Unless the Party has reasons to believe that the conformity assessment body established in the territory of the other Party was not competent to assess conformity of products with the technical regulations of the Party prior to the date when the Party ceased to recognise that conformity assessment body, the Party shall continue to accept the results of conformity assessment activities performed by that conformity assessment body prior to the date when the Party ceased to recognise the conformity assessment body, even though the products may have been placed on the market of the Party after that date.
Article 10
Acceptance of results of conformity assessment by in-house bodies established in Canada
1.   The European Union shall accept the results of conformity assessment activities performed by an accredited in-house body established in Canada under conditions no less favourable than those applied to the results of conformity assessment activities performed by an accredited in-house body established in the territory of one of the Member States of the European Union, provided that:
(a)
the in-house body established in Canada is accredited, by an accreditation body that has been appointed by one of the Member States of the European Union, as competent to assess conformity with those technical regulations; or
(b)
the in-house body established in Canada is accredited, by an accreditation body that has been recognised pursuant to Article 12 or 15 as competent to assess conformity with those technical regulations.
2.   If, at the date of entry into force of this Agreement, Canada has no conformity assessment procedure providing for conformity assessment activities to be performed by in-house bodies and after the date of entry into force of this Agreement, Canada considers developing conformity assessment procedures providing for conformity assessment activities to be performed by in-house bodies, it shall consult the European Union at the earliest stage of, and throughout the rule-making process with a view to ensuring that in-house bodies established in the European Union can meet any requirements laid down in those provisions on no less favourable conditions than in-house bodies established in Canada.
3.   Results pursuant to paragraphs 1 and 2 shall be accepted regardless of the country of origin of the product for which the conformity assessment activities were performed.
Article 11
Market surveillance, enforcement and safeguards
1.   Except for customs procedures, a Party shall ensure that activities performed by market surveillance or enforcement authorities for the inspection or verification of conformity with applicable technical regulations for products assessed by a recognised conformity assessment body established in the territory of the other Party or an in-house body which meets the conditions of Article 10, are conducted under conditions no less favourable than those conducted with respect to products assessed by conformity assessment bodies in the territory of the recognising Party. The Parties shall co-operate as necessary in the conduct of these activities.
2.   If a product's placement or use on the market could compromise the fulfilment of a legitimate objective, a Party may adopt or maintain measures with respect to that product provided that they are consistent with this Agreement. These measures can include withdrawing the product from the market, prohibiting its placement or use on the market or restricting its movement on the market. A Party that adopts or maintains such measures shall promptly inform the other Party and, at the request of the other Party, provide its reasons for adopting or maintaining these measures.
3.   A Party shall, upon receipt of a written complaint by the other Party, which must be supported by evidence, that products assessed by a conformity assessment body that the Party designated do not comply with applicable technical regulations:
(a)
promptly seek additional information from the designated conformity assessment body, its accreditation body and relevant operators when necessary;
(b)
investigate the complaint; and
(c)
provide the other Party with a written reply to the complaint.
4.   A Party may take the actions in paragraph 3 through an accreditation body.
Article 12
Recognition of accreditation bodies
1.   A Party (‘recognising Party’) may, in accordance with the procedure described under paragraphs 2 and 3, recognise an accreditation body established in the territory of the other Party (‘nominating Party’) as competent to accredit conformity assessment bodies as, themselves, competent to assess conformity with the relevant technical regulations of the recognising Party.
2.   The nominating Party may request that the other Party recognise an accreditation body established on its territory as competent by providing a notification to the recognising Party that includes the following information regarding that accreditation body (‘nominated accreditation body’):
(a)
its name, address and contact details;
(b)
evidence that its authority is derived from the government;
(c)
whether it acts on a non-commercial and non-competitive basis;
(d)
evidence of its independence from the conformity assessment bodies it assesses and from commercial pressures, in order to ensure that no conflicts of interest with conformity assessment bodies occur;
(e)
evidence that it is organised and operated so as to safeguard the objectivity and impartiality of its activities and the confidentiality of the information it obtains;
(f)
evidence that each decision relating to the attestation of competence of conformity assessment bodies is taken by a competent person different from those who carry out the assessment;
(g)
the scope for which its recognition is requested;
(h)
evidence of its competence to accredit conformity assessment bodies within the scope for which its recognition is requested, referring to applicable international standards, guides and recommendations, and applicable European or Canadian standards, technical regulations and conformity assessment procedures;
(i)
evidence of its internal procedures to ensure efficient management and appropriate internal controls, including the procedures in place for documenting the duties, responsibilities and authorities of personnel who can affect the quality of the assessment as well as the attestation of competence;
(j)
evidence of the number of competent personnel at its disposal, which should be sufficient for the proper performance of its tasks, and of the procedures in place for monitoring the performance and competence of the personnel involved in the accreditation process;
(k)
whether or not it is appointed for the scope for which its recognition is requested in the territory of the nominating Party;
(l)
evidence of its status as a signatory to the International Laboratory Accreditation Cooperation (‘ILAC’) or International Accreditation Forum (‘IAF’) multilateral recognition arrangements and to any related regional recognition arrangements; and
(m)
any other information that the Parties may decide is necessary.
3.   The Parties recognise that differences may exist between their respective standards, technical regulations and conformity assessment procedures. When such differences exist, the recognising Party may seek to satisfy itself that the nominated accreditation body is competent to accredit conformity assessment bodies as competent to assess conformity with the relevant technical regulations of the recognising Party. The recognising Party may satisfy itself based on the following:
(a)
an arrangement establishing cooperation between the European and Canadian accreditation systems;
or, in the absence of such an arrangement,
(b)
a cooperation arrangement between the nominated accreditation body and an accreditation body recognised as competent by the recognising Party.
4.   Pursuant to a request made under paragraph 2, and subject to paragraph 3, a Party shall recognise a competent accreditation body established in the territory of the other Party under conditions no less favourable than those applied to the recognition of accreditation bodies established in its territory.
5.   The recognising Party shall respond in writing within 60 days to a request made under paragraph 2, and provide the following information in its response:
(a)
that it recognises the nominating Party's accreditation body as competent to accredit conformity assessment bodies for the scope proposed;
(b)
that it will recognise the nominating Party's accreditation body as competent to accredit conformity assessment bodies for the scope proposed following necessary legislative or regulatory amendments. Such a response must include an explanation of the amendments required and an estimate of the period of time required for the entry into force of the amendments;
(c)
that the nominating Party failed to provide the information described in paragraph 2. Such a response must include a statement of what information is missing; or
(d)
that it does not recognise the nominated accreditation body as competent to accredit conformity assessment bodies for the scope proposed. Such a statement must be justified in an objective and reasoned manner, and state explicitly the conditions under which recognition would be granted.
6.   Each Party shall publish the names of the accreditation bodies of the other Party that it recognises, and for each accreditation body, the scope of the technical regulations for which it recognises that accreditation body.
Article 13
Cessation of the recognition of accreditation bodies
If an accreditation body that is recognised by a Party pursuant to Article 12 ceases to be a signatory of a multilateral or regional arrangement referred to in subparagraph (l) of Article 12.2 or of a cooperation arrangement of the type described in Article 12.3, the recognising Party may cease to recognise that accreditation body as competent, as well as any conformity assessment bodies recognised on the basis that they were accredited solely by that accreditation body.
Article 14
Challenges to the recognition of accreditation bodies
1.   Without prejudice to Article 13, the recognising Party may challenge the competence of an accreditation body that it has recognised under subparagraphs (a) or (b) of Article 12.5 on the grounds that the accreditation body is no longer competent to accredit conformity assessment bodies as, themselves, competent to assess conformity with the relevant technical regulations of the recognising Party. The recognising Party shall immediately notify the nominating Party of the challenge and shall justify its reasons in an objective and reasoned manner.
2.   The Parties shall cooperate and make reasonable efforts to promptly resolve the challenge. If a cooperation arrangement referred to in Article 12.3 exists, the Parties shall ensure that the European and Canadian accreditation systems or bodies, referred to in Article 12.3, seek to resolve the challenge on behalf of the Parties.
3.   The recognising Party may cease to recognise the nominated accreditation body whose competence is challenged and any conformity assessment bodies recognised on the basis that they were accredited solely by that accreditation body if:
(a)
the Parties, including through the European and Canadian accreditation systems, resolve the challenge by concluding that the recognising Party has raised valid concerns as to the competence of the nominated accreditation body; or
(b)
the recognising Party objectively demonstrates to the other Party that the accreditation body is no longer competent to accredit conformity assessment bodies as, themselves, competent to assess conformity with the relevant technical regulations of the recognising Party; and
(c)
the challenge has not been resolved within 120 days after the nominating Party has been notified of the challenge.
Article 15
Recognition of accreditation bodies in the areas of telecommunications and electromagnetic compatibility
For technical regulations related to telecommunications terminal equipment, information technology equipment, apparatus used for radio communication, and electromagnetic compatibility, from the date of entry into force of this Protocol, the accreditation bodies recognised by:
(a)
Canada, include:
(i)
for test laboratories, any national accreditation body of a Member State of the European Union that is a signatory to the ILAC multilateral recognition arrangement; and
(ii)
for certification bodies, any national accreditation body of a Member State of the European Union that is a signatory to the IAF multilateral recognition arrangement;
(b)
the European Union, include the Standards Council of Canada, or its successor.
Article 16
Transition from the Mutual Recognition Agreement
The Parties agree that a conformity assessment body which had been designated under the Mutual Recognition Agreement is automatically a recognised conformity assessment body under this Protocol, on the date of entry into force of this Agreement.
Article 17
Communication
1.   Each Party shall identify contact points responsible for communications with the other Party related to any matter arising under this Protocol.
2.   The contact points may communicate by electronic mail, video-conferencing or other means on which they decide.
Article 18
Management of this Protocol
For the purposes of this Protocol, the functions of the Committee on Trade in Goods established under Article 26.2.1 (a) (Specialised Committees) include:
(a)
managing the implementation of this Protocol;
(b)
addressing any matter that a Party may raise related to this Protocol;
(c)
developing recommendations for amendments to this Protocol for consideration by the CETA Joint Committee;
(d)
taking any other step that the Parties consider will assist them in implementing this Protocol; and
(e)
reporting to the CETA Joint Committee on the implementation of this Protocol, as appropriate.
(
1
)
  The authority of an accreditation body is generally derived from government.
ANNEX 1
PRODUCT COVERAGE
(a)
Electrical and electronic equipment, including electrical installations and appliances, and related components;
(b)
Radio and telecommunications terminal equipment;
(c)
Electromagnetic compatibility (EMC);
(d)
Toys;
(e)
Construction products;
(f)
Machinery, including parts, components, including safety components, interchangeable equipment, and assemblies of machines;
(g)
Measuring instruments;
(h)
Hot-water boilers, including related appliances;
(i)
Equipment, machines, apparatus, devices, control components, protection systems, safety devices, controlling devices and regulating devices, and related instrumentation and prevention and detection systems for use in potentially explosive atmospheres (ATEX equipment);
(j)
Equipment for use outdoors as it relates to noise emission in the environment; and
(k)
Recreational craft, including their components.
ANNEX 2
PRIORITY CATEGORIES OF GOODS FOR CONSIDERATION FOR INCLUSION IN ANNEX 1 PURSUANT TO ARTICLE 2.2
(a)
Medical devices including accessories;
(b)
Pressure equipment, including vessels, piping, accessories and assemblies;
(c)
Appliances burning gaseous fuels, including related fittings;
(d)
Personal protective equipment;
(e)
Rail systems, subsystems and interoperability constituents; and
(f)
Equipment placed on board a ship
ANNEX 3
INFORMATION TO BE INCLUDED AS PART OF A DESIGNATION
The information that a Party must provide when designating a conformity assessment body is as follows:
(a)
in all cases:
(i)
the scope of designation (not to exceed that body's scope of accreditation);
(ii)
the accreditation certificate and the related scope of accreditation;
(iii)
the body's address and contact information; and
(b)
when a Member State of the European Union designates a certification body, except for in regards to the technical regulations described in Article 15:
(i)
the certification body's registered certification mark, including the qualifying statement 
(
1
)
; and
(c)
when a Member State of the European Union designates a conformity assessment body in regards to technical regulations described in Article 15:
(i)
in the case of a certification body:
(A)
its unique identifier 
(
2
)
;
(B)
an application for recognition signed by the body in accordance with CB-01 (Requirements for Certification Bodies), or its successor; and
(C)
a cross reference checklist completed by the body with evidence that it meets the applicable recognition criteria in accordance with CB-02 (Recognition Criteria, and Administrative and Operational Requirements Applicable to Certification Bodies (CB) for the Certification of Radio Apparatus to Industry Canada's Standards and Specifications), or its successor; and
(ii)
in the case of a testing laboratory:
(A)
its unique identifier; and
(B)
an application for recognition signed by the body in accordance with REC-LAB (Procedure for the Recognition of Designated Foreign Testing Laboratories by Industry Canada), or its successor; and
(d)
any other information as may be jointly decided upon by the Parties.
(
1
)
  The qualifying statement normally takes the form of a small ‘c’ placed beside the certification body's registered certification mark to indicate that a product conforms with applicable Canadian technical regulations.
(
2
)
  A unique six-character identifier comprised of two letters (usually the ISO 3166 country code) followed by four numbers.
Protocol on the mutual recognition of the compliance and enforcement programme regarding good manufacturing practices for pharmaceutical products
Article 1
Definitions
1.   For the purposes of this Protocol:
certificate of GMP compliance
 means a certificate issued by a regulatory authority attesting to the compliance of a manufacturing facility with Good Manufacturing Practices (GMP);
equivalent authority
 means a regulatory authority of a Party that is recognised as an equivalent authority by the other Party;
manufacturing
 includes fabrication, packaging, re-packaging, labelling, testing and storage;
medicinal product or drug
 means any product qualifying as a drug under the 
Food and Drugs Act
, R.S.C., 1985, c. F-27 or qualifying as a medicinal product, whether it is a finished, intermediate or an investigational product or an active substance under the applicable legislation of the European Union;
on-site evaluation
 means a product-specific evaluation conducted in the context of a marketing application for a medicinal product or drug at the site of manufacture to assess the conformity of the premises where the medicinal product or drug is manufactured, the 
conformity
 of the process, conditions and control of manufacture with the information submitted, and to address any outstanding issues from the evaluation of the marketing application; and
regulatory authority
 means an entity in a Party that has the legal right, under the law of the Party, to supervise and control medicinal products or drugs within that Party.
2.   Unless specified otherwise, where this Protocol refers to inspections, these references do not include on-site evaluations.
Article 2
Objective
The objective of this Protocol is to strengthen the cooperation between the authorities of the Parties in ensuring that medicinal products and drugs meet appropriate quality standards through the mutual recognition of certificates of GMP compliance.
Article 3
Product scope
This Protocol applies to all medicinal products or drugs to which GMP requirements apply in both Parties, as set out in Annex 1.
Article 4
Recognition of regulatory authorities
1.   The procedure for evaluating the equivalency of a new regulatory authority listed in Annex 2 shall be conducted in accordance with Article 12.
2.   Each Party shall ensure that a list of regulatory authorities that it recognises as equivalent, including any modifications, is publicly available.
Article 5
Mutual recognition of certificates of GMP compliance
1.   A Party shall accept a certificate of GMP compliance issued by an equivalent regulatory authority of the other Party, in conformity with paragraph 3, as demonstrating that the manufacturing facility, that is covered by the certificate and located in the territory of either Party, complies with the good manufacturing practices identified in the certificate.
2.   A Party may accept a certificate of GMP compliance issued by an equivalent regulatory authority of the other Party with respect to a manufacturing facility outside the territory of the Parties, in conformity with paragraph 3. A Party may determine the terms and conditions upon which it chooses to accept the certificate.
3.   A certificate of GMP compliance must identify:
(a)
the name and address of the manufacturing facility;
(b)
the date on which the equivalent regulatory authority that issued the certificate last inspected the manufacturing facility;
(c)
the manufacturing processes and if relevant, medicinal products or drugs and dosage forms for which the facility is in compliance with good manufacturing practices; and
(d)
the validity period of the certificate of GMP compliance.
4.   If an importer, an exporter or a regulatory authority of a Party requests a certificate of GMP compliance for a manufacturing facility that is certified by an equivalent authority of the other Party, the other Party shall ensure that the equivalent regulatory authority issues a certificate of GMP compliance:
(a)
within 30 calendar days of the date on which the certifying authority received the request for the certificate, if a new inspection is not required; and
(b)
within 90 calendar days of the date on which the certifying authority received the request for the certificate, if a new inspection is required, and the manufacturing facility passes the inspection.
Article 6
Other recognition of certificates of GMP compliance
1.   A Party may accept a certificate of GMP compliance with respect to a medicinal product or drug that is not included in paragraph 2 of Annex 1.
2.   A Party that accepts a certificate under paragraph 1 may determine the terms and conditions under which it will accept the certificate.
Article 7
Acceptance of batch certificates
1.   A Party shall accept a batch certificate issued by a manufacturer without re-control of that batch at import provided that:
(a)
the products in the batch were manufactured in a manufacturing facility that has been certified as compliant by an equivalent regulatory authority;
(b)
the batch certificate is consistent with the Content of the Batch Certificate for Medicinal Products of the 
Internationally Harmonized Requirements for Batch Certification
; and
(c)
the batch certificate is signed by the person responsible for releasing the batch for sale or supply.
2.   Paragraph 1 does not affect a Party's right to conduct official batch release.
3.   The person responsible for releasing the batch:
(a)
of the finished medicinal product for sale or supply for manufacturing facilities in the European Union, must be a ‘qualified person’ as defined in Article 48 of Directive 2001/83/EC and Article 52 of Directive 2001/82/EC; or
(b)
for sale or supply of a drug for manufacturing facilities in Canada, is the person in charge of the quality control department as provided for by the 
Food and Drugs Regulations
, C.R.C., c. 870, Part C, Division 2, section C.02.014.
Article 8
On-site evaluation
1.   A Party has the right to conduct its own on-site evaluation of a manufacturing facility that has been certified as compliant by an equivalent regulatory authority of the other Party.
2.   A Party, prior to conducting an on-site evaluation under paragraph 1, shall notify the other Party in writing and inform that other Party of the scope of the on-site evaluation. The Party shall endeavour to notify the other Party in writing at least 30 days before a proposed on-site evaluation, but may provide less notice in urgent situations. The other Party has the right to join the on-site evaluation conducted by the Party.
Article 9
Inspections and on-site evaluations at the request of a Party
1.   At the request of a Party, the other Party shall inspect a facility involved in the manufacturing process of a medicinal product or drug that is being imported into the territory of the requesting Party in order to verify that the facility is in compliance with good manufacturing practices.
2.   At the request of a Party, the other Party may conduct an on-site evaluation based on the assessment of data contained in a product submission dossier. The Parties may exchange relevant product information with respect to a request to conduct an on-site evaluation in accordance with Article 14.
Article 10
Safeguards
1.   A Party has the right to conduct its own inspection of a manufacturing facility that has been certified as compliant by an equivalent regulatory authority of the other Party. Recourse to this right should be an exception from the normal practice of the Party.
2.   A Party, prior to conducting an inspection under paragraph 1, shall notify the other Party in writing and shall inform the other Party of the reasons for conducting its own inspection. The Party shall endeavour to notify the other Party in writing at least 30 days before a proposed inspection, but may provide less notice in urgent situations. The other Party has the right to join the inspection conducted by the Party.
Article 11
Two-way alert programme and information sharing
1.   A Party shall, pursuant to the two-way alert programme under the GMP Administrative Arrangement referred to in Article 15.3:
(a)
ensure that a restriction, suspension or withdrawal of a manufacturing authorisation that could affect the protection of public health is communicated from the relevant regulatory authority in its territory to the relevant regulatory authority in the territory of the other Party; and
(b)
if relevant, proactively notify the other Party in writing of a confirmed report of a serious problem relating to a manufacturing facility in its territory, or as identified through an on-site evaluation or inspection in the territory of the other Party, including a problem related to quality defects, batch recalls, counterfeited or falsified medicinal products or drugs, or potential serious shortages.
2.   A Party shall, as part of the components of the information sharing process under the GMP Administrative Arrangement referred to in Article 15.3:
(a)
respond to a special request for information, including a reasonable request for an inspection report or an on-site evaluation report; and
(b)
ensure that, at the request of the other Party or of an equivalent authority of the other Party, an equivalent authority within its territory provides relevant information.
3.   A Party shall provide the other Party, through written notification, contact points for each equivalent authority in its territory.
Article 12
Equivalence of new regulatory authorities
1.   A Party (‘requesting Party’) may request that a regulatory authority in its territory that is not recognised as equivalent to regulatory authorities in the other Party (‘evaluating Party’), be evaluated to determine whether it should be recognised as equivalent. Upon receiving the request, the evaluating Party shall conduct an evaluation pursuant to the procedure for evaluating new regulatory authorities under the GMP Administrative Arrangement referred to in Article 15.3.
2.   The evaluating Party shall evaluate the new regulatory authority by applying the components of a GMP compliance programme under the Administrative Arrangement referred to in Article 15.3. The components of a GMP compliance programme must include such elements as legislative and regulatory requirements, inspections standards, surveillance systems and a quality management system.
3.   If, upon completion of its evaluation, the evaluating Party determines that the new regulatory authority is equivalent, it shall notify the requesting Party in writing that it recognises the new regulatory authority as equivalent.
4.   If, upon completion of its evaluation, the evaluating Party determines that the new regulatory authority is not equivalent, the evaluating Party shall provide to the requesting Party a written justification demonstrating that it has well-founded reasons for not recognising that the new regulatory authority is equivalent. At the request of the requesting Party, the Joint Sectoral Group on Pharmaceuticals (‘Joint Sectoral Group’) referred to in Article 15 shall consider the evaluating Party's refusal to recognise the new regulatory authority as equivalent, and may provide recommendations to assist both Parties to resolve the matter.
5.   If, upon completion of its evaluation, the evaluating Party determines that the new regulatory authority is only equivalent for a more limited scope than that proposed by the requesting Party, the evaluating Party shall provide to the requesting Party a written justification demonstrating that it has well-founded reasons to determine that the new regulatory authority is only equivalent for the more limited scope. At the request of the requesting Party, the Joint Sectoral Group shall consider the evaluating Party's refusal to recognise the new regulatory authority as equivalent, and may provide recommendations to assist both Parties to resolve the matter.
6.   A regulatory authority recognised as equivalent under the 
Agreement on Mutual Recognition Between the European Community and Canada
, done at London on 14 May 1998, is recognised as equivalent under this Agreement from its entry into force.
Article 13
Equivalence maintenance programme
1.   The Joint Sectoral Group shall develop an equivalence maintenance programme under the GMP Administrative Arrangement referred to in Article 15.3 to maintain the equivalence of the regulatory authorities. The Parties shall act in accordance with this programme when deciding whether to change the equivalence status of a regulatory authority.
2.   If the equivalence status of a regulatory authority changes, a Party may re-evaluate that regulatory authority. Any re-evaluation must be undertaken pursuant to the procedure set out in Article 12. The scope of re-evaluation shall be limited to the elements that caused the change of the equivalence status.
3.   The Parties shall exchange all the necessary information to ensure that both Parties remain confident that equivalent regulatory authorities are in fact equivalent.
4.   A Party shall inform the other Party before adopting changes to its technical guidance or regulations relating to good manufacturing practices.
5.   A Party shall inform the other Party of any new technical guidance, inspection procedures or regulations relating to good manufacturing practices.
Article 14
Confidentiality
1.   A Party shall not publicly disclose non-public and confidential technical, commercial or scientific information, including trade secrets and proprietary information that it has received from the other Party.
2.   A Party may disclose the information referred to in paragraph 1 if it deems such disclosure necessary to protect public health and safety. The other Party shall be consulted prior to disclosure.
Article 15
Management of the Protocol
1.   The Joint Sectoral Group, established under Article 26.2.1(a) (Specialised committees), is composed of representatives from both Parties.
2.   The Joint Sectoral Group shall establish its composition and determine its rules and procedures.
3.   The Joint Sectoral Group shall conclude a GMP Administrative Arrangement to facilitate the effective implementation of this Protocol. The GMP Administrative Arrangement shall include:
(a)
the terms of references of the Joint Sectoral Group;
(b)
the two-way alert programme;
(c)
the list of contact points responsible for matters arising under this Protocol;
(d)
the components of the information sharing process;
(e)
the components of a good manufacturing practices compliance programme;
(f)
the procedure for evaluating new regulatory authorities; and
(g)
the equivalence maintenance programme.
4.   The Joint Sectoral Group may modify the GMP Administrative Arrangement if it considers it necessary.
5.   At the request of the Parties, the Joint Sectoral Group shall review the Annexes to this Protocol, and shall develop recommendations for amendments to these Annexes for consideration by the CETA Joint Committee.
6.   Pursuant to paragraph 5, the Joint Sectoral Group shall review the operational scope of medicinal products or drugs under paragraph 2 of Annex 1, with a view to including those medicinal products or drugs listed in paragraph 1 of Annex 1.
7.   The Parties shall establish the GMP Administrative Arrangement upon entry into force of the Agreement. This Arrangement is not subject to the provisions of Chapter Twenty-Nine (Dispute Settlement).
Article 16
Fees
1.   For the purposes of this Article, a fee includes a cost-recovery measure such as a user fee, a regulatory charge or an amount set under a contract.
2.   A Party shall have the right to determine a fee applicable to manufacturing facilities in its territory, including fees related to issuing certificates of GMP compliance and fees related to inspections or on-site evaluations.
3.   The fees charged to a manufacturing facility in case of an inspection or on-site evaluation conducted by a Party at the request of the other Party must be consistent with paragraph 2.
ANNEX 1
MEDICINAL PRODUCTS OR DRUGS
Scope of medicinal products or drugs
1.
This Protocol applies to the following medicinal products or drugs as defined in the legislation of the Parties referred to in Annex 3, provided that the GMP requirements and compliance programmes of both Parties, with respect to these medicinal products or drugs, are equivalent:
(a)
human pharmaceuticals including prescription and non-prescription medicinal products or drugs and medicinal gases;
(b)
human biologicals including immunologicals, stable medicinal products derived from human blood or human plasma, and biotherapeutics;
(c)
human radiopharmaceuticals;
(d)
veterinary pharmaceuticals, including prescription and non-prescription medicinal products or drugs, and pre-mixes for the preparation of veterinary medicated feeds;
(e)
veterinary biologicals;
(f)
if appropriate, vitamins, minerals, herbal remedies and homeopathic medicinal products;
(g)
active pharmaceutical ingredients;
(h)
intermediate products and bulk pharmaceuticals (for example, bulk tablets);
(i)
products intended for use in clinical trials or investigational medicinal products; and
(j)
advanced therapy medicinal products.
Operational scope of medicinal products or drugs
2.
Further to paragraph 1, the GMP requirements and compliance programmes of both Parties are equivalent for the following medicinal products or drugs:
(a)
human pharmaceuticals including prescription and non-prescription medicinal products or drugs and medicinal gases;
(b)
human biologicals including immunologicals and biotherapeutics;
(c)
human radiopharmaceuticals;
(d)
veterinary pharmaceuticals, including prescription and non-prescription medicinal products or drugs, and pre-mixes for the preparation of veterinary medicated feeds;
(e)
intermediate products and bulk pharmaceuticals;
(f)
products intended for use in clinical trials or investigational medicinal products; manufactured by the manufacturers holding a manufacturing authorisation or establishment licence; and
(g)
vitamins, minerals and herbal remedies, homeopathic medicinal products (known in Canada as natural health products) manufactured by manufacturers holding a manufacturing authorisation or establishment licence, in the case of Canada.
ANNEX 2
REGULATORY AUTHORITIES
The Parties recognise the following entities, or their successors notified by a Party to the Joint Sectoral Group, as their respective regulatory authorities:
For the European Union:
Country
For medicinal products for human use
For medicinal products for veterinary use
Belgium
Federal agency for medicines and health products/Federaal Agentschap voor geneesmiddelen en gezondheidsproducten/Agence fédérale des médicaments et produits de santé
See responsible authority for human medicinal products
Czech Republic
State Institute for Drug Control/Státní ústav pro kontrolu léčiv (SÚKL)
Institute for State Control of Veterinary Biologicals and Medicaments/Ústav pro státní kontrolu veterinárních biopreparátů a léčiv (ÚSKVBL)
Croatia
Agency for Medicinal Products and Medical Devices/Agencija za lijekove i medicinske proizvode (HALMED)
Ministry of Agriculture, Veterinary and Food Safety Directorate/Ministarstvo Poljoprivrede, Uprava za veterinarstvo i sigurnost hrane
Denmark
Danish Health and Medicines Authority/Laegemiddelstyrelsen
See responsible authority for human medicinal products
Germany
Federal Institute for Drugs and Medical Devices/Bundesinstitut für Arzneimittel und Medizinprodukte (BfArM)
Paul-Ehrlich-Institute (PEI), Federal Institute for Vaccines and Biomedicines/Paul-Ehrlich-Institut (PEI) Bundesinstitut für Impfstoffe und biomedizinische Arzneimittel
Federal Ministry of Health/Bundesministerium für Gesundheit (BMG)
Federal Office for Consumer Protection and Food Safety/Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL)
Federal Ministry of Food and Agriculture, Bundesministerium für Ernährung und Landwirtschaft
Estonia
State Agency of Medicines/Ravimiamet
See responsible authority for human medicinal products
Greece
National Organisation for Medicines/Ethnikos Organismos Farmakon (EOF) — (ΕΘΝIΚΟΣ ΟΡΓΑΝIΣΜΟΣ ΦΑΡΜΑΚΩΝ))
See responsible authority for human medicinal products
Spain
Spanish Agency of Medicines and Medical Devices/Agencia Española de Medicamentos y Productos Sanitários
See responsible authority for human medicinal products
France
French National Agency for Medicines and Health Products Safety Agence nationale de sécurité du médicament et des produits de santé (ANSM)
French agency for food, environmental and occupational health safety-
National Agency for Veterinary Medicinal Products
/Agence Nationale de Sécurité Sanitaire de l'alimentation, de l'environnement et du travail-Agence Nationale du Médicament Vétérinaire (Anses-ANMV)
Ireland
Health Products Regulatory Authority (HPRA)
See responsible authority for human medicinal products
Italy
Italian Medicines Agency
/Agenzia Italiana del Farmaco
Direction General for Animal Health and Veterinary Medicinal Products
Ministero della Salute, Direzione Generale della Sanità Animale e dei Farmaci Veterinari
Cyprus
Ministry of Health — Pharmaceutical Services/Φαρμακευτικές Υπηρεσίες, Υπουργείο Υγείας
Ministry of Agriculture, Rural Development and Environment-Veterinary Services/Κτηνιατρικές Υπηρεσίες- Υπουργείο Γεωργίας, Αγροτικής Ανάπτυξης και Περιβάλλοντος
Latvia
State Agency of Medicines/Zāļu valsts aģentūra
Assessment and Registration Department of the Food and Veterinary Service/Pārtikas un veterinārā dienesta Novērtēšanas un reģistrācijas departaments
Lithuania
State Medicines Control Agency/Valstybinė maisto ir veterinarijos tarnyba
State Food and Veterinary Service/Valstybinės maisto ir veterinarijo tarnyba
Luxembourg
Minìstere de la Santé, Division de la Pharmacie et des Médicaments
See responsible authority for human medicinal products
Hungary
National Institute of Pharmacy/Országos Gyógyszerészeti Intézet (OGYI)
National Food Chain Safety Office, Directorate of Veterinary Medicinal Products/Nemzeti Élelmiszerlánc-biztonsági Hivatal, Állatgyógyászati Termékek Igazgatósága (ÁTI)
Malta
Medicines Regulatory Authority
Veterinary Medicines and Animal Nutrition section VMANS) (Veterinary Regulation Directorate (VRD) within The Veterinary and Phytosanitary Regulation Department (VPRD)
Netherlands
Healthcare Inspectorate/Inspectie voor de Gezondheidszorg (IGZ)
Medicines Evaluation Board/Bureau Diergeneesmiddelen, College ter Beoordeling van Geneesmiddelen (CBG)/
Austria
Austrian Agency for Health and Food Safety/Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH
See responsible authority for human medicinal products
Poland
The Main Pharmaceutical Inspectorate/Główny Inspektorat Farmaceutyczny (GIF)/
See responsible authority for human medicinal products
Portugal
National Authority of Medicines and Health Products/INFARMED, I.P
Autoridade Nacional do Medicamento e Produtos de Saúde, I.P
General Directorate of Food and Veterinary/DGAV — Direção Geral de Alimentação e Veterinária (PT)
Slovenia
Agency for Medicinal Products and Medical Devices of the Republic of Slovenia/Javna agencija Republike Slovenije za zdravila in medicinske pripomočke (JAZMP)
See responsible authority for human medicinal products
Slovak Republic (Slovakia)
State Institute for Drug Control/Štátny ústav pre kontrolu liečiv (ŠÚKL)
Institute for State Control of Veterinary Biologicals and Medicaments/Ústav štátnej kontroly veterinárnych biopreparátov a liečiv (USKVBL)
Finland
Finnish Medicines Agency/Lääkealan turvallisuus- ja kehittämiskeskus (FIMEA)
See responsible authority for human medicinal products
Sweden
Medical Products Agency/Läkemedelsverket
See responsible authority for human medicinal products
United Kingdom
Medicines and Healthcare products Regulatory Agency
Veterinary Medicines Directorate
Bulgaria
Bulgarian Drug Agency /ИЗПЪЛНИТЕЛНА АГЕНЦИЯ ПО ЛЕКАРСТВАТА
Bulgarian Food Safety Agency/Българска агенция по безопасност на храните
Romania
National Agency for Medicines and Medical Devices/Agenţia Naţională a Medicamentului şi a Dispozitivelor Medicale
National Sanitary Veterinary and Food Safety Authority/Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor
For Canada:
Health Canada
Health Canada
ANNEX 3
APPLICABLE LEGISLATION
For the European Union:
Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use;
Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products;
Directive 2001/20/EC of European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use;
Regulation (EU) 536/2014 of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC;
Commission Directive 2003/94/EC of 8 October 2003 laying down the principles and guidelines of good manufacturing practice in respect of medicinal products for human use and investigational medicinal products for human use;
Commission Directive 91/412/EEC of 23 July 1991 laying down the principles and guidelines of good manufacturing practice for veterinary medicinal products;
Commission delegated Regulation (EU) 1252/2014 of 28 May 2014 of the European Parliament and of the Council with regard to principles and guidelines of good manufacturing practice for active substances for medicinal products for human use;
Current version of the Guide to good manufacturing practices contained in volume IV of Rules governing medicinal products in the European Union and compilation of the community procedures on inspections and exchange of information;
For Canada:
Food and Drugs Act
, R.S.C., 1985, c. F-27.
ANNEX I
Headnote
Reservations for existing measures and liberalisation commitments
1.
The Schedule of a Party to this Annex sets out, under Articles 8.15 (Reservations and exceptions), 9.7 (Reservations), 14.4 (Reservations), and, for the European Union, Article 13.10 (Reservations and exceptions), the reservations taken by that Party with respect to existing measures that do not conform with obligations imposed by:
(a)
Articles 8.6 (National treatment), 9.3 (National treatment) or, for the European Union, Article 13.3 (National treatment);
(b)
Articles 8.7 (Most-favoured-nation treatment), 9.5 (Most-favoured-nation treatment) or, for the European Union, Article 13.4 (Most-favoured-nation treatment);
(c)
Articles 8.4 (Market access), 9.6 (Market access) or, for the European Union, Article 13.6 (Market access);
(d)
Article 8.5 (Performance requirements);
(e)
Article 8.8 (Senior management and boards of directors) or, for the European Union, Article 13.8 (Senior management and boards of directors);
(f)
For the European Union, Article 13.7 (Cross-border supply of financial services); or
(g)
Article 14.3 (Obligations);
and, in certain cases, sets out commitments for immediate or future liberalisation.
2.
The reservations of a Party are without prejudice to the rights and obligations of the Parties under the GATS.
3.
Each reservation sets out the following elements:
(a)
Sector
 refers to the general sector in which the reservation is taken;
(b)
Sub-Sector
 refers to the specific sector in which the reservation is taken;
(c)
Industry Classification
 refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC rev 3.1, or as expressly otherwise described in a Party's reservation;
(d)
Type of Reservation
 specifies the obligation referred to in paragraph 1 for which a reservation is taken;
(e)
Level of Government
 indicates the level of government maintaining the measure for which a reservation is taken;
(f)
Measures
 identifies the laws or other measures, as qualified, where indicated, by the 
Description
 element, for which the reservation is taken. A measure cited in the 
Measures
 element:
(i)
means the measure as amended, continued or renewed as of the date of entry into force of this Agreement;
(ii)
includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(iii)
includes:
(A)
for a European Union Directive, any laws or other measures which implement the Directive at Member State level; and
(B)
for Canada, any laws or other measures at the national or sub-national level that implement agreements between the federal government and the provinces and territories; and
(g)
Description
 sets out the non-conforming aspects of the existing measure for which the reservation is taken. It may also set out commitments for liberalisation.
4.
In the interpretation of a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant obligations of the Chapters, against which the reservation is taken. To the extent that:
(a)
the 
Measures
 element is qualified by a liberalisation commitment from the 
Description
 element, the 
Measures
 element as so qualified shall prevail over all other elements; and
(b)
the 
Measures
 element is not so qualified, the 
Measures
 element shall prevail over other elements, unless a discrepancy between the 
Measures
 element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the 
Measures
 element prevails, in which case the other elements shall prevail to the extent of that discrepancy.
5.
Where a Party maintains a measure that requires that a service supplier be a natural person, citizen, permanent resident or resident of its territory as a condition to the supply of a service in its territory, a reservation for that measure taken with respect to cross-border trade in services shall operate as a reservation with respect to investment, to the extent of that measure.
6.
A reservation for a measure that requires a service supplier be a natural person, citizen, permanent resident, or resident of its territory as a condition to the supply of a financial service in its territory taken with respect to Article 13.7 (Cross-border supply of financial services) shall operate as a reservation with respect to Articles 13.3 (National treatment), 13.4 (Most-favoured-nation treatment), 13.6 (Market access), and 13.8 (Senior management and boards of directors), to the extent of that measure.
7.
For the purposes of this Annex, including each Party's Schedule to this Annex:
ISIC rev 3.1
 means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N
o
 4, 
ISIC rev 3.1
, 2002.
8.
The following abbreviations are used in the European Union's Schedule to this Annex:
AT
Austria
BE
Belgium
BG
Bulgaria
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EU
European Union
ES
Spain
EE
Estonia
FI
Finland
FR
France
EL
Greece
HR
Croatia
HU
Hungary
IE
Ireland
IT
Italy
LV
Latvia
LT
Lithuania
LU
Luxembourg
MT
Malta
NL
Netherlands
PL
Poland
PT
Portugal
RO
Romania
SK
Slovakia
SI
Slovenia
SE
Sweden
UK
United Kingdom
Schedule of Canada — Federal
Reservations applicable in Canada
(applicable in all Provinces and Territories)
Reservation I-C-1
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
Performance requirements
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
Investment Canada Act
, R.S.C. 1985, c. 28 (1st Supp.)
Investment Canada Regulations
, S.O.R./85-611
Description:
Investment
1.
Except as set out in paragraphs 3 and 7, the Director of Investments will review a direct ‘acquisition of control’, as defined in the 
Investment Canada Act
, of a Canadian business by an investor of the European Union if the value of the Canadian business is not less than CAD $1.5 billion, adjusted in accordance with the applicable methodology in January of each subsequent year as set out in the 
Investment Canada Act
.
2.
Notwithstanding the definition of ‘investor’ in Article 8.1 (Definitions), only investors who are nationals of the European Union or entities controlled by nationals of the European Union as provided for in the 
Investment Canada Act
 may benefit from the higher review threshold.
3.
The higher threshold in paragraph 1 does not apply to a direct acquisition of control by a state-owned enterprise of a Canadian business. Such acquisitions are subject to review by the Director of Investments if the value of the Canadian business is not less than CAD $369 million in 2015, adjusted in accordance with the applicable methodology in January of each subsequent year as set out in the 
Investment Canada Act
.
4.
An investment subject to review under the 
Investment Canada Act
 may not be implemented unless the Minister responsible for the 
Investment Canada Act
 advises the applicant that the investment is likely to be of net benefit to Canada. This determination is made in accordance with six factors described in the Act, summarised as follows:
(a)
the effect of the investment on the level and nature of economic activity in Canada, including the effect on employment, on the use of parts, components and services produced in Canada and on exports from Canada;
(b)
the degree and significance of participation by Canadians in the investment;
(c)
the effect of the investment on productivity, industrial efficiency, technological development and product innovation in Canada;
(d)
the effect of the investment on competition within an industry in Canada;
(e)
the compatibility of the investment with national industrial, economic and cultural policies, taking into consideration industrial, economic and cultural policy objectives enunciated by the government or legislature of a province likely to be significantly affected by the investment; and
(f)
the contribution of the investment to Canada's ability to compete in world markets.
5.
In making a net benefit determination, the Minister, through the Director of Investments, may review plans under which the applicant demonstrates the net benefit to Canada of the proposed acquisition. An applicant may also submit undertakings to the Minister in connection with a proposed acquisition that is the subject of review. In the event of noncompliance with an undertaking by an applicant, the Minister may seek a court order directing compliance or any other remedy authorised under the 
Investment Canada Act
.
6.
A non-Canadian who establishes or acquires a Canadian business, other than those that are subject to review, as described above, must notify the Director of Investments.
7.
The review thresholds set out in paragraphs 1 and 3, do not apply to an acquisition of a cultural business.
8.
In addition, the specific acquisition or establishment of a new business in designated types of business activities relating to Canada's cultural heritage or national identity, which are normally notifiable, may be subject to review if the Governor in Council authorises a review in the public interest.
9.
An indirect ‘acquisition of control’ of a Canadian business by an investor of the European Union other than a cultural business is not reviewable.
10.
Notwithstanding Article 8.5 (Performance requirements), Canada may impose a requirement or enforce a commitment or undertaking in connection with the establishment, acquisition, expansion, conduct, operation, or management of any investment of an investor of the European Union or of a third country for the transfer of technology, production process or other proprietary knowledge to a national or enterprise, affiliated to the transferor, in Canada in connection with the review of an acquisition of an investment under the 
Investment Canada Act
.
11.
Except for requirements, commitments or undertakings relating to technology transfer as set out in paragraph 10 of this reservation, Article 8.5 (Performance requirements) applies to requirements, commitments or undertakings imposed or enforced under the 
Investment Canada Act
.
12.
For the purposes of this reservation, a ‘non-Canadian’ means an individual, government or agency thereof or an entity that is not Canadian; and ‘Canadian’ means a Canadian citizen or permanent resident, a government in Canada or agency thereof, or a Canadian-controlled entity as described in the 
Investment Canada Act
.
Reservation I-C-2
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
As set out in the 
Description
 element
Description:
Investment
1.
Canada or a province or territory, when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity, may prohibit or impose limitations on the ownership of such interests or assets and on the ability of owners of such interests or assets to control a resulting enterprise by investors of the European Union or of a third country or their investments. With respect to such a sale or other disposition, Canada or a province or territory may adopt or maintain a measure relating to the nationality of senior management or members of the board of directors.
2.
For the purposes of this reservation:
(a)
a 
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 a limitation on the ownership of equity interests or assets or imposes a nationality requirement described in this reservation is an existing measure; and
(b)
government enterprise
 means an enterprise owned or controlled through ownership interests by Canada or a province or territory, 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.
Reservation I-C-3
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Canada Business Corporations Act
, R.S.C. 1985, c. C-44
Canada Business Corporations Regulations, 2001
, S.O.R./2001-512
Canada Cooperatives Act
, S.C. 1998, c. 1
Canada Cooperatives Regulations,
 S.O.R./99-256
Description:
Investment
1.
A corporation may place constraints on the issue, transfer and ownership of shares in a federally incorporated corporation. The object of those constraints is to permit a corporation to meet Canadian ownership or control requirements, under certain laws set out in the 
Canada Business Corporations Regulations, 2001
, in sectors where Canadian ownership or control is required as a condition to receive licences, permits, grants, payments or other benefits. In order to maintain certain Canadian ownership levels, a corporation is permitted to sell shareholders' shares without the consent of those shareholders, and to purchase its own shares on the open market.
2.
The 
Canada Cooperatives Act
 provides that constraints may be placed on the issue or transfer of investment shares of a cooperative to persons not resident in Canada, to permit cooperatives to meet Canadian ownership requirements to obtain a licence to carry on a business, to become a publisher of a Canadian newspaper or periodical or to acquire investment shares of a financial intermediary and in sectors where ownership or control is a required condition to receive licences, permits, grants, payments and other benefits. Where the ownership or control of investment shares would adversely affect the ability of a cooperative to maintain a level of Canadian ownership or control, the 
Canada Cooperatives Act
 provides for the limitation of the number of investment shares that may be owned or for the prohibition of the ownership of investment shares.
3.
For the purposes of this reservation 
Canadian
 means ‘Canadian’ as defined in the 
Canada Business Corporations Regulations, 2001
 or in the 
Canada Cooperatives Regulations
.
Reservation I-C-4
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
Canada Business Corporations Act
, R.S.C. 1985, c. C-44
Canada Business Corporations Regulations, 2001
, S.O.R./2001-512
Canada Cooperatives Act
, S.C. 1998, c. 1
Canada Cooperatives Regulations
, S.O.R./99-256
Canada Corporations Act
, R.S.C. 1970, c. C-32
Special Acts of Parliament incorporating specific companies
Description:
Investment
1.
The 
Canada Business Corporations Act
 requires, for most federally incorporated corporations, that 25 per cent of directors be resident Canadians and, if such corporations have fewer than four directors, at least one director must be a resident Canadian. As provided in the 
Canada Business Corporations Regulations, 2001
, a simple majority of resident Canadian directors is required for corporations in the following sectors: uranium mining; book publishing or distribution; book sales, if the sale of books is the primary part of the corporation's business; and film or video distribution. Similarly, corporations that, by an Act of Parliament or Regulation, are individually subject to minimum Canadian ownership requirements are required to have a majority of resident Canadian directors.
2.
For the purposes of the 
Canada Business Corporations Act
, 
resident Canadian
 means an individual who is a Canadian citizen ordinarily resident in Canada, a Canadian citizen who is not ordinarily resident in Canada who is a member of a class set out in the 
Canada Business Corporations Regulations, 2001
, or a ‘permanent resident’ as defined in the 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27, other than a permanent resident who has been ordinarily resident in Canada for more than one year after becoming eligible to apply for Canadian citizenship.
3.
In the case of a holding corporation, not more than one-third of the directors need to be resident Canadians if the earnings in Canada of the holding corporation and its subsidiaries are less than five per cent of the gross earnings of the holding corporation and its subsidiaries.
4.
The 
Canada Cooperatives Act
 requires that not less than two-thirds of the directors be members of the cooperative. At least 25 per cent of directors of a cooperative must be resident in Canada; if a cooperative has only three directors, at least one director must be resident in Canada.
5.
For the purposes of the 
Canada Cooperatives Act
, a 
resident of Canada
 is defined in the 
Canada Cooperatives Regulations
 as an individual who is a Canadian citizen and who is ordinarily resident in Canada; a Canadian citizen who is not ordinarily resident in Canada and who is a member of a class set out in the 
Canada Cooperatives Regulations
, or a ‘permanent resident’ as defined in the 
Immigration and Refugee Protection Act
, other than a permanent resident who has been ordinarily resident in Canada for more than one year after becoming eligible to apply for Canadian citizenship.
Reservation I-C-5
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Citizenship Act
, R.S.C. 1985, c. C-29
Foreign Ownership of Land Regulations
, S.O.R./79-416
Description:
Investment
1.
The 
Foreign Ownership of Land Regulations
 are made pursuant to the 
Citizenship Act
 and the 
Agricultural and Recreational Land Ownership Act
, R.S.A. 1980, c. A-9. In Alberta, an ineligible person or foreign owned or controlled corporation may only hold an interest in controlled land consisting of a maximum of two parcels containing, in the aggregate, a maximum of 20 acres.
2.
For the purposes of this reservation:
ineligible person
 means:
(a)
a natural person who is not a Canadian citizen or permanent resident;
(b)
a foreign government or foreign government agency; or
(c)
a corporation incorporated in a country other than Canada; and
controlled land
 means land in Alberta, but does not include:
(a)
land of the Crown in right of Alberta;
(b)
land within a city, town, new town, village or summer village; and
(c)
mines or minerals.
Reservation I-C-6
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Air Canada Public Participation Act
, R.S.C. 1985, c. 35 (4th Supp.)
Canadian Arsenals Limited Divestiture Authorization Act
, S.C. 1986, c. 20
Eldorado Nuclear Limited Reorganization and Divestiture Act
, S.C. 1988, c. 41
Nordion and Theratronics Divestiture Authorization Act
, S.C. 1990, c. 4
Description:
Investment
1.
A ‘non-resident’ or ‘non-residents’ may not own more than a specified percentage of the voting shares of the corporation to which each Act applies. For some companies the restrictions apply to individual shareholders, while for others the restrictions may apply in the aggregate. If there are limits on the percentage that an individual Canadian investor can own, these limits also apply to non-residents. The restrictions are as follows:
Air Canada: 25 per cent in the aggregate;
Cameco Limited (formerly Eldorado Nuclear Limited): 15 per cent per non-resident natural person, 25 per cent in the aggregate;
Nordion International Inc.: 25 per cent in the aggregate;
Theratronics International Limited: 49 per cent in the aggregate; and
Canadian Arsenals Limited: 25 per cent in the aggregate.
2.
For the purposes of this reservation, 
non-resident
 includes:
(a)
a natural person who is not a Canadian citizen and not ordinarily resident in Canada;
(b)
a corporation incorporated, formed or otherwise organised outside Canada;
(c)
the government of a foreign State or a political subdivision of a government of a foreign State, or a person empowered to perform a function or duty on behalf of such a government;
(d)
a corporation that is controlled directly or indirectly by a person or an entity referred to in subparagraphs (a) through (c);
(e)
a trust:
(i)
established by a person or an entity referred to in subparagraphs (b) through (d), other than a trust for the administration of a pension fund for the benefit of natural persons the majority of whom are resident in Canada; or
(ii)
in which a person or an entity referred to in subparagraphs (a) through (d) has more than 50 per cent of the beneficial interest; and
(f)
a corporation that is controlled directly or indirectly by a trust referred to in subparagraph (e).
Reservation I-C-7
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Export and Import Permits Act
, R.S.C. 1985, c. E-19
Description:
Cross-Border Trade in Services
Only a natural person ordinarily resident in Canada, an enterprise with its head office in Canada or a branch office in Canada of a foreign enterprise may apply for and be issued an import or export permit or transit authorisation certificate for a good or related service subject to controls under the 
Export and Import Permits Act
.
Reservation I-C-8
Sector:
Social services
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Level of Government:
National
Measures:
Description:
Investment and Cross-Border Trade in Services
1.
Canada reserves the right to maintain a measure with respect to the provision of social services not otherwise reserved under Reservation II-C-9 in respect of social services.
2.
This reservation against most-favoured-nation treatment does not apply to the provision of private education services.
Reservation I-C-9
Sector:
Communication services
Sub-Sector:
Telecommunications transport networks and services
radiocommunications
Industry Classification:
CPC 752
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
Telecommunications Act
, S.C. 1993, c. 38
Canadian Telecommunications Common Carrier Ownership and Control Regulations
, S.O.R./94-667
Radiocommunications Act
, R.S.C. 1985, c. R-2
Radiocommunication Regulations
, S.O.R./96-484
Description:
Investment
1.
Foreign investment in facilities-based telecommunications service suppliers is restricted to a maximum, cumulative total of 46.7 per cent voting interest, based on 20 per cent direct investment and 33.3 per cent indirect investment.
2.
Facilities-based telecommunications service suppliers must be controlled in fact by Canadians.
3.
At least 80 per cent of the members of the board of directors of facilities-based telecommunications service suppliers must be Canadians.
4.
Notwithstanding the restrictions described above:
(a)
foreign investment is allowed up to 100 per cent for suppliers conducting operations under an international submarine cable licence;
(b)
mobile satellite systems of a foreign service supplier may be used by a Canadian service supplier to provide services in Canada;
(c)
fixed satellite systems of a foreign service supplier may be used to provide services between points in Canada and all points outside Canada;
(d)
foreign investment is allowed up to 100 per cent for suppliers conducting operations under a satellite authorisation; and
(e)
foreign investment is allowed up to 100 per cent for facilities-based telecommunications service suppliers that have revenues, including those of its affiliates, from the supply of telecommunications services in Canada representing less than 10 per cent of the total telecommunications services revenues in Canada.
Reservation I-C-10
Sector:
Transport services
Sub-Sector:
Customs brokers
Other supporting and auxiliary transport services
Industry Classification:
CPC 749
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
Customs Act
, R.S.C. 1985, c. 1 (2nd Supp.)
Customs Brokers Licensing Regulations
, S.O.R./86-1067
Description:
Investment and Cross-Border Trade in Services
To be a licenced customs broker in Canada:
(a)
a natural person must be a Canadian national;
(b)
a corporation must be incorporated in Canada with a majority of its directors being Canadian nationals; and
(c)
a partnership must be composed of persons who are Canadian nationals, or corporations incorporated in Canada with a majority of their directors being Canadian nationals.
Reservation I-C-11
Sector:
Distribution services
Sub-Sector:
Duty free shops
Industry Classification:
CPC 631, 632 (limited to duty-free shops)
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Customs Act
, R.S.C. 1985, c. 1 (2nd Supp.)
Duty Free Shop Regulations
, S.O.R./86-1072
Description:
Investment and Cross-Border Trade in Services
1.
To be a licenced duty free shop operator at a land border crossing in Canada, a natural person must:
(a)
be a Canadian national;
(b)
be of good character;
(c)
be principally resident in Canada; and
(d)
have resided in Canada for at least 183 days of the year preceding the year of application for the licence.
2.
To be a licenced duty free shop operator at a land border crossing in Canada, a corporation must:
(a)
be incorporated in Canada; and
(b)
have all of its shares beneficially owned by Canadian nationals who meet the requirements of paragraph 1.
Reservation I-C-12
Sector:
Business services
Sub-Sector:
Examination services relating to the export and import of cultural property
Museum services except for historical sites and buildings (limited to cultural property examination services)
Industry Classification:
CPC 96321, 87909 (limited to cultural property examination services)
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Cultural Property Export and Import Act
, R.S.C. 1985, c. C-51
Description:
Investment and Cross-Border Trade in Services
1.
Only a resident of Canada or an institution in Canada may be designated as an expert examiner of cultural property for the purposes of the 
Cultural Property Export and Import Act
.
2.
For the purposes of this reservation:
(a)
institution
 means an entity that is publicly owned and operated solely for the benefit of the public, that is established for educational or cultural purposes and that conserves objects and exhibits them; and
(b)
resident of Canada
 means a natural person who is ordinarily resident in Canada, or a corporation that has its head office in Canada or maintains an establishment in Canada to which employees employed in connection with the business of the corporation ordinarily report for work.
Reservation I-C-13
Sector:
Business services
Sub-Sector:
Patent agents
Patent agents providing legal advisory and representation services
Industry Classification:
CPC 8921
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Patent Act
, R.S.C. 1985, c. P-4
Patent Rules
, S.O.R./96-423
Description:
Cross-Border Trade in Services
To represent a person in the prosecution of a patent application or in other business before the Patent Office, a patent agent must be resident in Canada and registered by the Patent Office.
Reservation I-C-14
Sector:
Business services
Sub-Sector:
Trade-mark agents
Trade-mark agents providing legal advisory and representation services in statutory procedures
Industry Classification:
CPC 8922
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Trade-marks Act
, R.S.C. 1985, c. T-13
Trade-marks Regulations
, S.O.R./96-195
Description:
Cross-Border Trade in Services
To represent a person in the prosecution of an application for a trade-mark or in other business before the Trade-marks Office, a trade-mark agent must be resident in Canada and registered by the Trade-marks Office.
Reservation I-C-15
Sector:
Energy (oil and gas)
Sub-Sector:
Crude petroleum and natural gas industries
Services incidental to mining
Industry Classification:
CPC 120, 883
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Canada Petroleum Resources Act
, R.S.C. 1985, c. 36 (2nd Supp.)
Territorial Lands Act
, R.S.C. 1985, c. T-7
Federal Real Property and Federal Immovables Act
, S.C. 1991, c. 50
Canada-Newfoundland Atlantic Accord Implementation Act
, S.C. 1987, c. 3
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
, S.C. 1988, c. 28
Description:
Investment
1.
This reservation applies to production licences issued for ‘frontier lands’ and ‘offshore areas’ (areas not under provincial jurisdiction) as defined in the applicable measures.
2.
A person who holds an oil and gas production licence or shares therein must be a corporation incorporated in Canada.
Reservation I-C-16
Sector:
Energy (oil and gas)
Sub-Sector:
Crude petroleum and natural gas industries
Services incidental to mining
Industry Classification:
CPC 120, 883
Type of Reservation:
National treatment
Performance requirements
Level of Government:
National
Measures:
Canada Oil and Gas Production and Conservation Act
, R.S.C. 1985, c. O-7, as amended by the 
Canada Oil and Gas Operations Act
, S.C. 1992, c. 35
Canada
 — 
Nova Scotia Offshore Petroleum Resources Accord Implementation Act
, S.C. 1988, c. 28
Canada
 — 
Newfoundland Atlantic Accord Implementation Act
, S.C. 1987, c. 3
Measures implementing the Canada-Yukon Oil and Gas Accord, including the 
Canada-Yukon Oil and Gas Accord Implementation Act
, 1998, c. 5, s. 20 and the 
Oil and Gas Act
, RSY 2002, c. 162
Measures implementing the Northwest Territories Oil and Gas Accord, including implementing measures that apply to or are adopted by Nunavut as the successor territories to the former Northwest Territories
Measures implementing the Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord
Description:
Investment and Cross-Border Trade in Services
1.
Under the 
Canada Oil and Gas Operations Act
, a ‘benefits plan’ must be approved by the Minister in order to be authorised to proceed with an oil and gas development project.
2.
A 
benefits plan
 means a plan for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in proposed work or activity referred to in the benefits plan.
3.
The benefits plan contemplated by the 
Canada Oil and Gas Operations Act
 permits the Minister to impose on the applicant an additional requirement to ensure that disadvantaged individuals or groups have access to training and employment opportunities or can participate in the supply of goods and services used in proposed work referred to in the benefits plan.
4.
Provisions continuing those set out in the 
Canada Oil and Gas Operations Act
 are included in laws which implement the Canada-Yukon Oil and Gas Accord.
5.
Provisions continuing those set out in the 
Canada Oil and Gas Operations Act
 will be included in laws or regulations to implement accords with various provinces and territories, including implementing legislation by provinces and territories (for example, the Northwest Territories Oil and Gas Accord, the Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord, and the New Brunswick Oil and Gas Accord). For the purposes of this reservation these accords and implementing legislation shall be deemed, once concluded, to be existing measures.
6.
The 
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
 and the 
Canada-Newfoundland Atlantic Accord Implementation Act
 have the same requirement for a benefits plan but also require that the benefits plan ensures that:
(a)
the corporation or other body submitting the plan establishes in the applicable province an office where appropriate levels of decision-making are to take place, prior to carrying out work or an activity in the offshore area;
(b)
expenditures be made for research and development to be carried out in the province, and for education and training to be provided in the province; and
(c)
first consideration be given to goods produced or services provided from within the province, where those goods or services are competitive in terms of fair market price, quality and delivery.
7.
The Boards administering the benefits plan under these Acts may also require that the plan include provisions to ensure that disadvantaged individuals or groups, or corporations owned or cooperatives operated by them, participate in the supply of goods and services used in proposed work or activity referred to in the plan.
8.
In addition, Canada may impose a requirement or enforce a commitment or undertaking for the transfer of technology, a production process or other proprietary knowledge to a person of Canada in connection with the approval of development projects under the applicable Acts.
Reservation I-C-17
Sector:
Energy (oil and gas)
Sub-Sector:
Crude petroleum and natural gas industries
Services incidental to mining
Industry Classification:
CPC 120, 883
Type of Reservation:
Performance requirements
Level of Government:
National
Measures:
Canada-Newfoundland Atlantic Accord Implementation Act
, S.C. 1987, c. 3
Hibernia Development Project Act
, S.C. 1990, c. 41
Description:
Investment
1.
Under the 
Hibernia Development Project Act
, Canada and the Hibernia Project Owners may enter into agreements. Those agreements may require the Project Owners to undertake to perform certain work in Canada and Newfoundland and to use their best efforts to achieve specific Canadian and Newfoundland target levels in relation to the provisions of a ‘benefits plan’ required under the 
Canada-Newfoundland Atlantic Accord Implementation Act
. ‘Benefits plans’ are further described in Canada's Reservation I-C-16.
2.
In addition, Canada may, in connection with the Hibernia Project, impose a requirement or enforce a commitment or undertaking for the transfer of technology, a production process or other proprietary knowledge to a national or enterprise in Canada.
Reservation I-C-18
Sector:
Business services
Sub-Sector:
Uranium mines
Services incidental to mining
Industry Classification:
CPC 883
Type of Reservation:
National treatment
Most-favoured-nation treatment
Level of Government:
National
Measures:
Investment Canada Act
, R.S.C. 1985, c. 28 (1st Supp.)
Investment Canada Regulations
, S.O.R./85-611
Non-Resident Ownership Policy in the Uranium Mining Sector
, 1987
Description:
Investment
1.
Ownership by ‘non-Canadians’, as defined in the 
Investment Canada Act
, of a uranium mining property is limited to 49 per cent at the stage of first production. Exceptions to this limit may be permitted if it can be established that the property is in fact ‘Canadian controlled’, as defined in the 
Investment Canada Act
.
2.
Exemptions from the 
Non-Resident Ownership Policy in the Uranium Mining Sector
 are permitted, subject to approval of the Governor in Council, only in cases where Canadian participants in the ownership of the property are not available. Investments in properties by non-Canadians, made prior to December 23, 1987 and that are beyond the permitted ownership level, may remain in place. No increase in non-Canadian ownership is permitted.
3.
In considering a request for an exemption from the Policy from an investor of the European Union, Canada will not require that it be demonstrated that a Canadian partner cannot be found.
Reservation I-C-19
Sector:
Business services
Sub-Sector:
Auditing
Industry Classification:
CPC 862
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Bank Act
, S.C. 1991, c. 46
Insurance Companies Act
, S.C. 1991, c. 47
Cooperative Credit Associations Act
, S.C. 1991, c. 48
Trust and Loan Companies Act
, S.C. 1991, c. 45
Description:
Cross-Border Trade in Services
1.
Banks are required to have a firm of accountants to be auditors of the bank. A firm of accountants must be qualified as set out in the 
Bank Act
. Among the qualifications required is that two or more members of the firm must be ordinarily resident in Canada and that the member of the firm jointly designated by the firm and the bank to conduct the audit must be ordinarily resident in Canada.
2.
An insurance company, a cooperative credit association, and a trust or loan company require an auditor who can either be a natural person or a firm of accountants. An auditor of such an institution must be qualified as set out in the 
Insurance Companies Act
, the 
Cooperative Credit Associations Act
 or the 
Trust and Loan Companies Act
. If a natural person is appointed to be the auditor of such a financial institution, among the qualifications required is that the person must be ordinarily resident in Canada. If a firm of accountants is appointed to be the auditor of such a financial institution, the member of the firm jointly designated by the firm and the financial institution to conduct the audit must be ordinarily resident in Canada.
Reservation I-C-20
Sector:
Transport
Sub-Sector:
Air transport services (passenger and freight)
‘Specialty air services’ (as set out in the 
Description
 element below)
Courier services
Industry Classification:
CPC 73, 7512, ‘specialty air services’ (as set out in the 
Description
 element below)
Type of Reservation:
Market access
National treatment
Senior management and board of directors
Level of Government:
National
Measures:
Canada Transportation Act
, S.C. 1996, c. 10
Aeronautics Act
, R.S.C. 1985, c. A-2
Canadian Aviation Regulations
, S.O.R./96-433:
Part II, Subpart 2 — ‘Aircraft Markings and Registration’;
Part IV ‘Personnel Licensing and Training’; and
Part VII ‘Commercial Air Services’
Description:
Investment
1.
The 
Canada Transportation Act
, in section 55, defines ‘Canadian’ in the following manner:
2.
‘… “Canadian” means a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the 
Immigration and Refugee Protection Act
, a government in Canada or an agent of such a government or a corporation or other entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least seventy-five per cent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians…’
3.
Regulations made under the 
Aeronautics Act
 incorporate by reference the definition of ‘Canadian’ found in the 
Canada Transportation Act
. These Regulations require that a Canadian operator of commercial air services operate Canadian-registered aircraft. These Regulations require an operator to be Canadian in order to obtain a Canadian Air Operator Certificate and to qualify to register aircraft as ‘Canadian’.
4.
Only Canadians may provide the following commercial air transportation services:
(a)
domestic services (air services between points, or from and to the same point, in the territory of Canada, or between a point in the territory of Canada and a point not in the territory of another country);
(b)
scheduled international services (scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under existing or future air services agreements;
(c)
non-scheduled international services (non-scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under the 
Canada Transportation Act
; and
(d)
specialty air services include aerial mapping, aerial surveying, aerial photography, forest fire management, fire-fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial inspection, aerial surveillance, flight training, aerial sightseeing and aerial crop spraying.
5.
No foreign individual is qualified to be the registered owner of a Canadian-registered aircraft.
6.
Further to the 
Canadian Aviation Regulations
, a corporation incorporated in Canada, but that does not meet the Canadian ownership and control requirements, may only register an aircraft for private use where a significant majority of use of the aircraft (at least 60 per cent) is in Canada.
7.
The 
Canadian Aviation Regulations
 also have the effect of limiting foreign-registered private aircraft registered to non-Canadian corporations to be present in Canada for a maximum of 90 days per twelve-month period. The foreign-registered private aircraft shall be limited to private use, as would be the case for Canadian-registered aircraft requiring a private operating certificate.
Reservation I-C-21
Sector:
Transport
Sub-Sector:
Aircraft repair and maintenance services
Ground handling services (line maintenance only) as defined in the Chapters on Cross-Border Trade in Services and Investment
Industry Classification:
‘Aircraft repair and maintenance services’ and ‘ground handling service’ (line maintenance only), as defined in Articles 8.1 (Definitions) and 9.1 (Definitions)
Level of Government:
National
Type of Reservation:
National treatment
Market access
Measures:
Aeronautics Act
, R.S.C. 1985, c. A-2
Canadian Aviation Regulations
, S.O.R./96-433:
Part IV ‘Personnel Licensing and Training’;
Part V ‘Airworthiness’;
Part VI ‘General Operating and Flight Rules’; and
Part VII ‘Commercial Air Services’
Description:
Cross-Border Trade in Services
Aircraft and other aeronautical product repair, overhaul or maintenance activities (including line maintenance) required to maintain the airworthiness of Canadian-registered aircraft and other aeronautical products must be performed by persons meeting Canadian aviation regulatory requirements (that is, approved maintenance organisations and aircraft maintenance engineers). Certifications are not provided for persons located outside Canada, except sub-organisations of approved maintenance organisations that are located in Canada.
Reservation I-C-22
Sector:
Transport
Sub-Sector:
Scheduled and non-scheduled passenger and freight transportation by road, including courier services.
Industry Classification:
CPC 7121, 7122, 7123, 7512
Level of Government:
National
Type of Reservation:
National treatment
Market access
Measures:
Motor Vehicle Transport Act
, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13.
Canada Transportation Act
, S.C. 1996, c. 10
Customs Tariff
, S.C. 1997, c. 36
Description:
Cross-Border Trade in Services
Only persons of Canada using Canadian-registered and either Canadian-built or duty-paid trucks or buses, may provide truck or bus services between points in the territory of Canada.
Reservation I-C-23
Sector:
Transport
Sub-Sector:
Water transport services (passengers and freight) by sea-going and non-sea-going vessels
Supporting and other services for water transport
Construction for waterways, harbors, dams and other water works
Any other commercial marine activity undertaken from a vessel
Industry Classification:
CPC 721, 722, 745, 5133, 5223, and any other commercial marine activity undertaken from a vessel
Level of Government:
National
Type of Reservation:
National treatment
Market access
Obligations
Measures:
Canada Shipping Act
, 
2001
, S.C. 2001, c. 26
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
1.
To register a vessel in Canada, the owner of that vessel or the person who has exclusive possession of that vessel must be:
(a)
a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the 
Immigration and Refugee Protection Act
,
(b)
a corporation incorporated under the law of Canada or a province or territory; or
(c)
when the vessel is not already registered in another country, a corporation incorporated under the laws of a country other than Canada if one of the following is acting with respect to all matters relating to the vessel, namely:
(i)
a subsidiary of the corporation that is incorporated under the law of Canada or a province or territory;
(ii)
an employee or director in Canada of any branch office of the corporation that is carrying on business in Canada; or
(iii)
a ship management company incorporated under the law of Canada or a province or territory.
2.
A vessel registered in a foreign country which has been bareboat chartered may be listed in Canada for the duration of the charter while the vessel's registration is suspended in its country of registry, if the charterer is:
(a)
a Canadian citizen or permanent resident, as defined in subsection 2(1) of the 
Immigration and Refugee Protection Act
; or
(b)
a corporation incorporated under the law of Canada or a province or territory.
Reservation I-C-24
Sector:
Transport
Sub-Sector:
Water transport services (passengers and freight) by sea-going and non-sea-going vessels
Supporting and other services for water transport
Construction for waterways, harbors, dams and other water works
Any other commercial marine activity undertaken from a vessel
Industry Classification:
CPC 721, 722, 745, 5133, 5223, and any other commercial marine activity undertaken from a vessel
Level of Government:
National
Type of Reservation:
National treatment
Market access
Obligations
Measures:
Canada Shipping Act
, 
2001
, S.C. 2001, c. 26
Marine Personnel Regulations
, S.O.R./2007-115
Description:
Cross-Border Trade in Services, and International Maritime Transport Services
Masters, mates, engineers and certain other seafarers must hold a certificate granted by the Minister of Transport as a requirement of service on Canadian registered vessels. These certificates may be granted only to Canadian citizens or permanent residents.
Reservation I-C-25
Sector:
Transport
Sub-Sector:
Pilotage and berthing services
Industry Classification:
CPC 74520
Level of Government:
National
Type of Reservation:
National treatment
Market access
Obligations
Measures:
Pilotage Act
, R.S.C. 1985, c. P-14
General Pilotage Regulations
, S.O.R./2000-132
Atlantic Pilotage Authority Regulations
, C.R.C. c. 1264
Laurentian Pilotage Authority Regulations
, C.R.C. c. 1268
Great Lakes Pilotage Regulations
, C.R.C. c. 1266
Pacific Pilotage Regulations
, C.R.C. c. 1270
Description:
Cross-Border Trade in Services, and International Maritime Transport Services
Subject to Canada's Reservation II-C-15, a licence or a pilotage certificate issued by the relevant regional Pilotage Authority is required to provide pilotage services in the compulsory pilotage waters of the territory of Canada. Only a Canadian citizen or permanent resident may obtain a licence or pilotage certificate. A permanent resident of Canada who has been issued a pilot's licence or pilotage certificate must become a Canadian citizen within five years of receipt of that licence or pilotage certificate in order to retain it.
Reservation I-C-26
Sector:
Transport
Sub-Sector:
Transportation services by sea-going and non-sea-going vessels
Industry Classification:
CPC 721, 722
Level of Government:
National
Type of Reservation:
Most-favoured-nation treatment
Obligations
Measures:
Coasting Trade Act
, S.C. 1992, c. 31
Description:
Cross-Border Trade in Services, and International Maritime Transport Services
The prohibitions under the 
Coasting Trade Act
, set out in Canada's Reservation II-C-14, do not apply to any vessel that is owned by the Government of the United States of America, when used solely for the purpose of transporting goods owned by the Government of the United States of America from the territory of Canada to supply Distant Early Warning sites.
Reservation I-C-27
Sector:
Transport
Sub-Sector:
Scheduled or non-scheduled passenger transportation by road
Industry Classification:
CPC 7121, 7122
Level of Government:
National
Type of Reservation:
Market access
National treatment
Measures:
Motor Vehicle Transport Act
, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13
Description:
Investment and Cross-Border Trade in Services
Provincial agencies have been delegated authority to permit persons to provide extra-provincial (inter-provincial and cross-border) bus services in their respective provinces and territories on the same basis as local bus services. Most provincial agencies permit the provision of local bus services on the basis of a public convenience and necessity test.
Reservation I-C-28
Sector:
Transport
Sub-Sector:
All transportation sub-sectors
Industry Classification:
CPC 7
Level of Government:
National
Type of Reservation:
Market access
Measures:
Canada Transportation Act
, S.C. 1996, c. 10
Description:
Investment
Pursuant to the 
Canada Transportation Act
, any proposed transaction that involves a transportation undertaking that raises issues with respect to the public interest as it relates to national transportation as determined by the Minister requires approval by the Governor in Council.
Reservation I-C-29
Sector:
Transport
Sub-Sector:
Postal services, mail transportation by any mode of transport.
Industry Classification:
CPC 71124, 71235, 7321, 7511
Level of Government:
National
Type of Reservation:
Market access
Measures:
Canada Post Corporation Act
, R.S.C. 1985, c. C-10
Letter Definition Regulations
, S.O.R./83-481
Description:
Investment and Cross-Border Trade in Services
The sole and exclusive privilege of collecting, transmitting and delivering ‘letters’ within Canada, as defined in the 
Letter Definition Regulations
 is reserved for the postal monopoly.
For greater certainty, activities relating to the sole and exclusive privilege may also be restricted, including the issuance of postage stamps and the installation, erection or relocation in a public place of a mail receptacle or device to be used for the collection, delivery or storage of mail.
Schedule of Canada — Provincial and Territorial
Reservations applicable in Alberta
Reservation I-PT-1
Sector:
Business services
Sub-Sector:
Accounting
Auditing and bookkeeping services
Industry Classification:
CPC 862
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Alberta
Measures:
Regulated Accounting Profession Act
, R.S.A. 2000, c. R-12
Certified General Accountants Regulation
, Alta. Reg. 176/2001
Certified Management
Accountants
 Regulation, Alta. Reg. 177/2001
Chartered Accountants Regulation,
 Alta. Reg. 178/2001
Description:
Cross-Border Trade in Services
An applicant for registration as a regulated member must provide proof of Canadian citizenship or proof of having been lawfully admitted to and entitled to work in Canada. Each office in Alberta of a registrant engaged in a public accounting practice shall be under the personal charge and management of a member who shall normally be accessible to meet the needs of clients during such times as the office is open to the public.
Reservation I-PT-2
Sector:
Business services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Level of Government:
Provincial — Alberta
Measures:
Veterinary Profession Act
, R.S.A. 2000, c. V-2
General Regulation
, Alta. Reg. 44/86
Description:
Cross-Border Trade in Services
Only Canadian citizens or persons lawfully admitted into and entitled to work in Canada may be approved for registration by the Registration Committee, upon production of satisfactory evidence to this effect.
Reservation I-PT-3
Sector:
Real estate
Sub-Sector:
Real estate services involving own or leased property or on a fee or contract basis
Industry Classification:
CPC 821, 822, 81331
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Alberta
Measures:
Real Estate Act
, R.S.A. 2000, c. R–5
Description:
Cross-Border Trade in Services
Service suppliers are authorised through a brokerage which must maintain a registered business office in the Province. The registered business office must be: the location from which the person conducts business; under the control of the service supplier; and the location of the records required to be maintained by the Act.
Reservation I-PT-4
Sector:
Business services
Sub-Sector:
Land surveying
Industry Classification:
CPC 8675
Type of Reservation:
Market access
Level of Government:
Provincial — Alberta
Measures:
Land Surveyors Act
, R.S.A. 2000, c. L-3
Description:
Investment
For services that are provided through a corporation, commercial presence must take the form of a surveyor's corporation.
Reservation I-PT-5
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Alberta
Measures:
Gaming and Liquor Act
, R.S.A. 2000, c. G-1
Gaming and Liquor Regulation
, Alta. Reg. 143/96
Alberta Gaming and Liquor Commission Board Policies
Description:
Investment and Cross-Border Trade in Services
The above measures permit Alberta to control the manufacture, import, sale, purchase, possession, storage, transportation, use and consumption of liquor, including through permits and licences that may include citizenship, residency and other limitations on the establishment, operation and provision of these activities.
Reservation I-PT-6
Sector:
Agriculture
Sub-Sector:
Land
Services incidental to agriculture
Industry Classification:
CPC 8811 (other than rental of agricultural equipment with operator), 531
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Alberta
Measures:
Provincial Parks Act
, R.S.A. 2000, c. P-35
Provincial Parks (Dispositions) Regulations
, Alta. Reg. 241/77
Provincial Parks (General) Regulation
, Alta. Reg. 102/85
Dispositions and Fees Regulation
, Alta. Reg. 54/2000
Special Areas Disposition Regulation
, Alta. Reg. 137/2001
Declaration Regulation
, Alta. Reg. 195/2001
Forest Reserves Regulation
, Alta. Reg. 42/2005
Description:
Investment
Dispositions of Crown land, including within provincial parks are limited to residents of Alberta who are Canadian citizens or permanent residents within the meaning of the 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27.
Reservation I-PT-7
Sector:
Hunting
Sub-Sector:
Services incidental to hunting
Own-account hunting guides
Other cultural services
Industry Classification:
CPC 0297, 8813, 96419, 9633
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Alberta
Measures:
Wildlife Act
, R.S.A. 2000, c. W-10
Wildlife Regulation
, Alta. Reg. 143/97
Description:
Investment and Cross-Border Trade in Services
Citizenship or permanent residency requirements may be imposed as a condition for designations, permits or licences relating to guiding and outfitting for wildlife hunting. Citizenship or permanent residency requirements may also be imposed as a condition for permits or licences for zoo-keeping, taxidermy, tanning, fur dealing or fur management.
Reservation I-PT-8
Sector:
Transport
Sub-Sector:
Road transport services
Passenger transportation
Industry Classification:
CPC 7121, 7122
Type of Reservation:
Market access
Level of Government:
Provincial — Alberta
Measures:
Motor Transport Act
, R.S.A. 2000, c. M-21
Motor Vehicle Administration Act
, R.S.A. 2000, M-23
Description:
Investment and Cross-Border Trade in Services
A public convenience and needs test may be imposed prior to approving a licence to provide interurban bus transport and non-scheduled/scheduled services, including applying some or all of the following criteria: adequacy of current levels of service; market conditions establishing the requirement for expanded service; effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to provide proper service.
Reservation I-PT-9
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — Alberta
Measures:
Industrial benefits policy
Description:
Investment and Cross-Border Trade in Services
Performance requirements may be imposed on applicants (such as a first consideration being given to service suppliers from within Alberta or Canada, if competitive in terms of price and quality) in the case of all large scale projects requiring Industrial Development, Forest Management, Oil Sands, Power Plant or Gas Plant and Coal Development Permits.
Reservation I-PT-10
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Alberta
Measures:
Business Corporations Act
, R.S.A. 2000, c. B-9
Business Corporations Regulation
, Alta. Reg. 118/2000
Companies Act
, R.S.A. 2000, c. C-21
Cooperatives Act
, S.A. 2001, c. C-28.1
Partnership Amendment Act
, R.S.A. 2000 (Supp.), c. P-25
Societies Act
, R.S.A. 2000, c. S-14
Description:
Investment
1.
At least 25 per cent of the directors of an Alberta corporation must be resident Canadians.
2.
For the purposes of these measures, ‘resident Canadian’ means an individual who is:
(a)
a Canadian citizen ordinarily resident in Canada;
(b)
a Canadian citizen, not ordinarily resident in Canada, who is a member of a prescribed class of persons; or
(c)
a permanent resident within the meaning of the 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27 and ordinarily resident in Canada.
Reservation I-PT-11
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Alberta
Measures:
Land Titles Act
, R.S.A. 2000, c. L-4
Agricultural and Recreational Land Ownership Act
, R.S.A. 2000, c. A-9
Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta
, Alta. Reg. 160/79
Public Lands Act
, R.S.A. 2000, c. P-40
Description:
Investment
Public lands cannot be sold to:
(a)
person who is not a Canadian citizen or a permanent resident as defined in the 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27;
(b)
a corporation that is not a Canadian corporation; or
(c)
a person or corporation acting as a trustee for a person who is not a Canadian citizen or a permanent resident as defined in the 
Immigration and Refugee Protection Act
, or for a corporation that is not a Canadian corporation.
Reservation I-PT-12
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Alberta
Measures:
Gaming and Liquor Act
, R.S.A. 2000, c. G-1
Horse Racing Alberta Act
, RSA 2000, c. H-11.3
Gaming and Liquor Regulation
, Alta. Reg. 143/1996
Alberta Gaming and Liquor Commission Board Policies
Description:
Investment and Cross-Border Trade in Services
The above measures permit Alberta to regulate and authorise services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lottery schemes, gaming terminals, games of chance, races, bingo and casinos, and similar activities including through permits and licences that may include citizenship, residency and other limitations on the establishment, operation and provision of these activities.
Reservation I-PT-13
Sector:
Business services
Sub-Sector:
Services incidental to animal husbandry
Industry Classification:
CPC 8812
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Alberta
Measures:
Stray Animals Act
, R.S.A. 2000, c. S-20
Horse Capture Regulation
, Alta. Reg. 59/94
Description:
Cross-Border Trade in Services
Only a Canadian citizen or a person lawfully admitted into Canada for permanent residence may apply for, obtain or hold a licence to capture, bait, chase, pursue, follow after or on the trail of or stalk horses on public land in Alberta designated for the licenced capture of horses.
Reservations applicable in British Columbia
Reservation I-PT-14
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Industry Classification:
CPC 03
Type of Reservation:
Performance requirements
Level of Government:
Provincial — British Columbia
Measures:
Forest Act
, R.S.B.C. 1996, c. 157
Description:
Investment
All timber harvested from provincial land must be either used in the Province or manufactured within the Province into other goods. However, the Province may authorise an exemption to this requirement if the timber is surplus to the requirements of processing facilities in the Province, if it cannot be processed economically near the harvesting area and cannot be transported economically to another facility in the Province, or if an exemption would prevent waste or improve the utilisation of the wood.
Reservation I-PT-15
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
CPC 8611
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Evidence Act
, R.S.B.C. 1996, c. 124
Description:
Investment and Cross-Border Trade in Services
A person must be a Canadian citizen or a permanent resident to be appointed as a commissioner for taking affidavits.
Reservation I-PT-16
Sector:
Business services
Sub-Sector:
Accounting, auditing and bookkeeping
Industry Classification:
CPC 862
Type of Reservation:
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Accountants (Certified General) Act
, R.S.B.C. 1996. c. 2
Accountants (Chartered) Act
, R.S.B.C. 1996, c. 3
Accountants (Management) Act
, R.S.B.C. 1996, c. 4
Description:
Investment
Accounting offices must be under the management of a resident of British Columbia.
Reservation I-PT-17
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — British Columbia
Measures:
Cooperative Association Act
, S.B.C. 1999, c. 28
Society Act
, R.S.B.C. 1996, c. 433
Description:
Investment
1.
Under the 
Cooperative Association Act
, the majority of directors of an association incorporated under the Act must be resident Canadians and at least one director must be resident in the Province.
2.
Under the 
Society Act
, at least one director of a society incorporated under the Act must be resident in the Province.
Reservation I-PT-18
Sector:
Business services
Sub-Sector:
Lawyers and notaries
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Notaries Act
, R.S.B.C. 1996, c. 334
Description:
Investment and Cross-Border Trade in Services
Only Canadian citizens or permanent residents of Canada may be certified as a notary public in British Columbia. The 
Notaries Act
 puts limitations on the ability of notaries to provide services through a notary corporation. Trust funds must be held by regulated provincial or federal financial institutions.
Reservation I-PT-19
Sector:
Tourism
Sub-Sector:
Services incidental to hunting (hunting guides; outfitters; angling guides)
Services incidental to fishing
Travel agency, tour operator and tourist guides
Industry Classification:
CPC 8813, 882, 96419
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Wildlife Act
, R.S.B.C. 1996, c. 488
Description:
Investment and Cross-Border Trade in Services
Only Canadian citizens or permanent residents of Canada are eligible to be issued guide outfitter and angling guide licences.
Reservation I-PT-20
Sector:
Forestry
Sub-Sector:
Other professional services
Forestry and logging products
Services incidental to forestry and logging
Industry Classification:
CPC 03, 8814
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Foresters Act
, S.B.C. 2003, c. 19
Description:
Investment and Cross-Border Trade in Services
In order to obtain registration as a professional forester, at least 24 months of relevant work experience must first be gained in British Columbia. In some cases, professional foresters already registered in other Canadian jurisdictions are exempt from this requirement.
Reservation I-PT-21
Sector:
Forestry
Sub-Sector:
Services incidental to manufacturing
Christmas tree permits
Log salvage permits
Woodlot licences
Industry Classification:
CPC 03, 8814
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Forest Act
, R.S.B.C. 1996, c. 157
Description:
Investment
1.
Only Canadian citizens, permanent residents, or a corporation controlled by persons who are Canadian citizens or permanent residents of Canada, may be granted a Christmas tree permit.
2.
Only Canadian citizens or landed immigrants may apply for log salvage permits.
3.
Only Canadian citizens, permanent residents, or a corporation, other than a society, that is controlled by persons who are Canadian citizens or permanent residents may apply for woodlot licences.
4.
Proximity of private residence from the proposed woodlot licence, and distance and size of private land to be included in the proposed woodlot are two of the criteria used to award a licence.
Reservation I-PT-22
Sector:
Forestry
Sub-Sector:
Forestry and logging
Industry Classification:
CPC 03
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
Forest Act
, R.S.B.C. 1996, c. 157
Description:
Investment
1.
Only the following entities may enter into a community forest agreement:
(a)
A society incorporated under the 
Society Act
, R.S.B.C. 1996, c. 433;
(b)
An association as defined in the 
Cooperative Association Act
, S.B.C. 1999, c. 28;
(c)
A corporation, if the corporation is established by or under an enactment, or registered as an extra-provincial company under the 
Business Corporations Act
, S.B.C. 2002, c. 57;
(d)
A partnership, if the partnership is comprised of municipalities or regional districts, societies, associations, companies or extra-provincial companies, or a combination of the foregoing; or
(e)
A municipality or regional district.
2.
Community forest agreements may be directly awarded.
Reservation I-PT-23
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Horticulture and market gardening
Services incidental to agriculture (other than rental of agricultural equipment with operator)
Services incidental to animal husbandry
Industry Classification:
CPC 01, 8811 (other than rental of agricultural equipment with operator), 8812
Type of Reservation:
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Range Act
, S.B.C. 2004, c. 71
Description:
Investment
An applicant who can demonstrate local presence shall be given preference in the granting of grazing licences and permits.
Reservation I-PT-24
Sector:
Forestry
Sub-Sector:
Forestry and logging
Industry Classification:
CPC 03
Type of Reservation:
Performance requirements
Level of Government:
Provincial — British Columbia
Measures:
Forest Act
, R.S.B.C. 1996, c. 157
Description:
Investment
An applicant may be required to commit to the establishment of a manufacturing facility to qualify for a forest licence.
Reservation I-PT-25
Sector:
Forestry
Sub-Sector:
Forestry and logging
Industry Classification:
CPC 03
Type of Reservation:
Market access
National treatment
Performance requirements
Level of Government:
Provincial — British Columbia
Measures:
Forest Act
, R.S.B.C. 1996, c. 157
Description:
Investment
The granting of a community salvage licence is limited to specific groups, notably societies and cooperative associations, for purposes such as providing social and economic benefits to British Columbia, contributing to government revenues, providing opportunities for achieving a range of community objectives, including employment and other social, environmental and economic benefits, encouraging cooperation within the community and among stakeholders, providing for the use of qualifying timber, and other factors that the Minister or a person authorised by the Minister specifies in the invitation or advertising.
Reservation I-PT-26
Sector:
Forestry
Sub-Sector:
Forestry and logging
Industry Classification:
CPC 03
Type of Reservation:
Market access
Performance requirements
Level of Government:
Provincial — British Columbia
Measures:
Forest Act
, R.S.B.C. 1996, c. 157
Description:
Investment
Only a limited number of restricted forest licences are granted. The granting of such licences may be subject to performance requirements, including the requirement to own or lease processing facilities in the Province.
Reservation I-PT-27
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Performance requirements
Level of Government:
Provincial — British Columbia
Measures:
Land Act
, R.S.B.C. 1996, c. 245
Ministry of Forest and Range Policy — Grazing Lease Policy dated November 15, 2004
Description:
Investment
1.
The 
Land Act
 restricts Crown grants to Canadian citizens and to permanent residents. Crown land may also be granted in some circumstances to a government corporation, municipality, regional district, hospital board, university, college, board of education, francophone education authority as defined in the 
School Act
, R.S.B.C. 1996, c. 412, other government related body or to the South Coast British Columbia Transportation Authority continued under the 
South Coast British Columbia Transportation Authority Act
, S.B.C. 1998, c. 30, or any of its subsidiaries.
2.
Only Canadian citizens may hold grazing lease tenures. Performance requirements are imposed on companies as a condition for the granting of grazing lease tenures.
Reservation I-PT-28
Sector:
Fisheries
Sub-Sector:
Fish and other fishing products
Services incidental to fishing
Land
Industry Classification:
CPC 04, 531, 882
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Fisheries Act
, R.S.B.C. 1996, c. 149
Land Act
, R.S.B.C. 1996, c. 245
Description:
Investment
Only a citizen or permanent resident of Canada is entitled to a Crown grant for aquaculture operations, unless the person's application for a disposition of Crown land was allowed prior to May 1, 1970.
Reservation I-PT-29
Sector:
Fisheries
Sub-Sector:
Services incidental to fishing
Wholesale trade services
Industry Classification:
CPC 04, 62112, 62224, 882
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — British Columbia
Measures:
Fisheries Act
, R.S.B.C. 1996, c. 149
Commercial Fisheries and Mariculture: A Policy for the 1980s
Description:
Investment and Cross-Border Trade in Services
Residency, citizenship and performance requirements may be imposed as a condition of licensing to undertake the harvesting of fish, marine plants or wild oysters, or to undertake fish processing, buying or brokering. Offshore processing or processing at sea is limited to fishermen who process their own catches and if the fish species cannot be economically processed in existing shore based facilities.
Reservation I-PT-30
Sector:
Transport
Sub-Sector:
Road transport services
Passenger transportation
Industry Classification:
CPC 7121, 7122
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
Passenger Transportation Act
, S.B.C. 2004, c. 39
Motor Vehicle Act
, R.S.B.C. 1996, c. 318
Description:
Investment
1.
The 
Passenger Transportation Act
 requires a person to obtain a passenger transportation licence from the Passenger Transportation Board to provide taxi or intercity bus services in British Columbia. The Board may approve an application for a licence if the Board considers that:
(a)
there is a public need for the service;
(b)
the applicant is ‘fit and proper’ and capable of providing the service; and
(c)
the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia.
2.
The Passenger Transportation Board has the power to impose terms and conditions on a licence. If the licence is to include an authorisation to operate motor vehicles as intercity buses, the terms and conditions of the licence include routes and minimum route frequencies for that operation. If the licence is to include an authorisation to operate motor vehicles as passenger directed vehicles (such as taxis and limousines), the terms and conditions of the licence include fleet size, rates and geographic operating area.
Reservation I-PT-31
Sector:
Transport
Sub-Sector:
Road transport services: public transit
Industry Classification:
CPC 7121, 7122
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
British Columbia Transit Act
, R.S.B.C. 1996, c. 38
South Coast British Columbia Transportation Authority Act
, S.B.C. 1998, c. 30
Description:
Investment
1.
British Columbia Transit is a Crown corporation with the exclusive authority to plan, acquire, and construct public passenger transportation systems that support regional growth strategies, official community plans and the economic development of the transit service areas in all areas of British Columbia, except the transportation service region supported by the South Coast British Columbia Transportation Authority.
2.
The South Coast British Columbia Transportation Authority has exclusive authority to provide a regional transportation system for all municipalities and rural areas located in the Greater Vancouver Regional District that moves people and goods, and supports the regional growth strategy, provincial and regional environmental objectives (including air quality and greenhouse gas emission reduction objectives), and the economic development of the transportation service region.
Reservation I-PT-32
Sector:
Energy
Sub-Sector:
Electricity
Services incidental to energy distribution
Industry Classification:
CPC 171, 887
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — British Columbia
Measures:
BC Hydro Public Power Legacy and Heritage Contract Act
, S.B.C. 2003. c. 86
Clean Energy Act
, S.B.C. 2010, c. 22
Utilities Commission Act
, R.S.B.C. 1996, c. 473
Hydro and Power Authority Act
, R.S.B.C. 1996, c. 212
Description:
Investment and Cross-Border Trade in Services
1.
In British Columbia, electric utilities operate as regulated monopoly distributors of electricity within the area they service.
2.
British Columbia Hydro and Power Authority (‘BC Hydro’) is a Crown corporation that owns most of the generation, transmission and distribution facilities in British Columbia. BC Hydro receives differential treatment under provincial law and is exempted from British Columbia Utilities Commission review in some instances. BC Hydro is prohibited from disposing of (including by way of sale) any of its heritage assets, unless they are no longer used or useful.
3.
Subject to direction from the Lieutenant Governor in Council, rates for the sale of electricity within the Province are regulated by the British Columbia Utilities Commission.
Reservation I-PT-33
Sector:
Business services
Sub-Sector:
Free miner
Industry Classification:
CPC 8675
Type of Reservation:
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Mineral Tenure Act
, R.S.B.C. 1996, c. 292
Description:
Cross-Border Trade in Services
To obtain a free miner certificate a person must be a resident of Canada for at least 183 days in each calendar year, or be authorised to work in Canada, or be a Canadian corporation or a partnership consisting of qualified individuals or Canadian corporations.
Reservations applicable in Manitoba
Reservation I-PT-34
Sector:
Community and personal services
Sub-Sector:
Funeral
Cremation and undertaking services
Industry Classification:
CPC 9703
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Prearranged Funeral Services Act
, C.C.S.M. c. F-200
Description:
Cross-Border Trade in Services
Anyone supplying prearranged funeral plans, on a for-profit basis, must have a licence. Only a person who regularly carries on the business of supplying funeral services and maintains an establishment in Manitoba for this purpose may apply for such a licence. Prearranged funeral plans can only be offered through the establishment associated with the licence.
Reservation I-PT-35
Sector:
Service of membership organizations
Sub-Sector:
Legal documentation and certification
Industry Classification:
CPC 8613, 95910
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Marriage Act
, C.C.S.M. c. M-50
Policy Respecting Residency or Citizenship of Appointees
Description:
Cross-Border Trade in Services
Under 
The Marriage Act
, the Minister responsible may appoint a person as a marriage commissioner for the Province, or any part thereof specified by the Minister, and that person may solemnize ceremonies of marriage in accordance with the tenor of the appointment. The Minister may afford preferential treatment to Canadian citizens or permanent residents of Manitoba.
Reservation I-PT-36
Sector:
Education
Sub-Sector:
Other education services
Industry Classification:
CPC 9290
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Manitoba Registered Music Teachers' Association
Incorporation Act
, R.S.M. 1990, c. 100
Description:
Cross-Border Trade in Services
No person may be admitted as a member of the Manitoba Registered Music Teachers' Association and thus use the title ‘Registered Music Teacher’, unless that person can demonstrate six months' prior residence in Manitoba.
Reservation I-PT-37
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Community Development Bonds Act
, C.C.S.M. c. C-160
Description:
Investment
1.
All directors of a community development bond corporation must be residents of Manitoba. Incorporators of the corporation must be residents of the municipality in which the corporation's head office is located or of a municipality nearby.
2.
If the Government of Manitoba has provided a guarantee of the bond, only eligible bondholders may call on the guarantee. Eligible bondholders are those with a connection to Manitoba or Canada when they purchased the bond: for example, individuals resident in Manitoba, a Manitoba corporation established under the 
Canada Business Corporations Act
, R.S.C., 1985, c. C-44, a corporation with a head office in Manitoba, a trust if the majority of trustees or beneficiaries are residents in Manitoba, or a Manitoba municipality.
3.
The proceeds raised from the issue of community development bonds must be invested in ‘eligible businesses’. These are corporations or co-operatives:
(a)
incorporated under 
The Corporations Act
, C.C.S.M., c. C225 or the 
Canada Business Corporations Act
 or 
The Co-operatives Act
, C.C.S.M., c. C223, as the case may be;
(b)
that carry on or are about to carry on business, on a for-profit basis, in Manitoba; and
(c)
the Manitoba assets of which are (or will be, when the entity commences business) be controlled by persons resident in Manitoba (among other tests not involving a Manitoba presence or control or ownership by Manitoba residents).
Reservation I-PT-38
Sector:
Agriculture
Sub-Sector:
Agricultural land
Forest and other wooded land
Industry Classification:
CPC 531
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Farm Lands Ownership Act
, C.C.S.M. c. F-35
Description:
Investment
Only individuals who are citizens of Canada or permanent residents of Canada within the meaning of the 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27 (‘eligible individuals’), corporations, trusts, partnerships or other business entities entirely owned by active or retired farmers or eligible individuals, or a combination of these, governments (municipal and provincial) or government agencies, or qualified immigrants who are entitled and intend to become eligible individuals within two years after acquiring the farm land, may own more than 40 acres of Manitoba farmland.
Reservation I-PT-39
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — Manitoba
Measures:
The Labour-sponsored Venture Capital Corporations Act
, C.C.S.M. c. L-12
The Corporations Act
, C.C.S.M. c. C-225
Description:
Investment
1.
Labour-sponsored Venture Capital Corporations are required to invest in active businesses (with assets valued at less than CAD $50 million) of which at least 50 per cent of the full-time employees are employees employed in Manitoba, or if at least 50 per cent of employees' wages and salaries are attributable to services rendered in Manitoba by the employees.
2.
The corporations must be registered under the Act, and only corporations that have been incorporated under 
The Corporations Act
 may apply to be registered. This means that at least 25 per cent of the corporation's directors must be residents of Canada (or at least one, where there are three or fewer directors), pursuant to 
The Corporations Act
.
Reservation I-PT-40
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Cooperatives Act
, C.C.S.M. c. C-223
Description:
Investment
A majority of directors of a cooperative must be resident in Canada. For a directors' meeting of a co-operative to be properly constituted, a majority of the directors at the meeting must be residents in Canada. A director who is a resident of Canada but not present at the meeting can approve the business transacted at a meeting, if the requisite majority would have been present had that director been present. The managing director of a co-operative must be resident in Canada.
Reservation I-PT-41
Sector:
Agriculture
Sub-Sector:
Agricultural land
Forest and other wooded land
Crown land leases and permits
Services incidental to agriculture
Services incidental to animal husbandry
Industry Classification:
CPC 531, 8811 (other than rental of agricultural equipment with operator), 8812
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Crown Lands Act
, C.C.S.M. c. C-340
Agricultural Crown Land Leases Regulation
, 168/2001
Agricultural Crown Land Grazing and Hay Permits Regulation
, 288/88
Description:
Investment
1.
To be eligible to obtain a forage lease of agricultural Crown lands, the tenant must be a Canadian citizen or have landed Canadian immigrant status, and a resident of Manitoba. If the tenant is a partnership or forage co-operative, every partner or member, as the case may be, must be a Canadian citizen or have landed Canadian immigrant status and must be a resident of Manitoba. If the tenant is a corporation, every shareholder must be a Canadian citizen or have landed Canadian immigrant status, and be a resident of Manitoba, and the corporation must be registered to carry on business in Manitoba.
2.
A grazing permit or hay permit on agricultural Crown lands may only be granted to a person who is ordinarily resident in or near where the land described in the permit is situated.
Reservation I-PT-42
Sector:
Agriculture
Sub-Sector:
Agricultural land
Forest and other wooded land
Recreational and other open land
Industry Classification:
CPC 531, 533
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Crown Lands Act
, C.C.S.M. c. C-340
Policy respecting allocation, sale and lease of cottage lots and development of commercial establishments in provincial parks and on other Crown land
Description:
Investment
The Minister may afford preferential treatment to Manitoba residents over non-residents in the allocation, sale and lease of cottage lots and development of commercial establishments in provincial parks and on other Crown land.
Reservation I-PT-43
Sector:
Fisheries
Sub-Sector:
Services incidental to fishing
Wholesale trade services
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
Market access
National treatment
Performance requirements
Level of Government:
Provincial — Manitoba
Measures:
The Fisheries Act
, C.C.S.M. c. F-90
Fishing Licensing Regulation
, Man. Reg. 124/97
Policy respecting the allocation of commercial fishing licences
Description:
Investment and Cross-Border Trade in Services
1.
Unless otherwise authorised by regulation or by the Freshwater Fish Marketing Corporation (the ‘Corporation’), or in certain limited circumstances, no person is permitted to sell or purchase fish caught in Manitoba for delivery in Manitoba except through the Corporation.
2.
The Minister has full discretion to issue commercial fishing licences and to place conditions on the licences. The current Policy specifies that commercial fishing licences are to be allocated, re-allocated and renewed according to the value of the benefits generated, in order of priority, to:
(a)
local;
(b)
regional; and
(c)
provincial economies.
Reservation I-PT-44
Sector:
Business services
Sub-Sector:
Land surveyors
Industry Classification:
CPC 8675
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Land Surveyors Act
, C.C.S.M. c. L-60
Description:
Investment and Cross-Border Trade in Services
1.
A ‘Manitoba land surveyor’ must be a natural person. Manitoba land surveyors are not permitted to provide land surveying services through a corporation. Commercial presence of a Manitoba land surveyor must take the form of a sole proprietorship or partnership.
2.
A surveyor who practiced land surveying in Manitoba and subsequently became the citizen or subject of a foreign country must be re-naturalised in accordance with the provisions of the 
Citizenship Act
 R.S.C., 1985, c. C-29 prior to resuming practice in Manitoba.
Reservation I-PT-45
Sector:
Business services
Sub-Sector:
Legal advisory and representation services
Industry Classification:
CPC 8612
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Legal Profession Act
, C.C.S.M. c. L-107
Description:
Cross-Border Trade in Services
The provision of legal services to the public in Manitoba, concerning Manitoba laws, by inter-jurisdictional law firms is permissible only if, among other things, the firm maintains an office in Manitoba and in at least one other Canadian or foreign jurisdiction, and if at least one member of the firm is entitled to, and does, practice law principally in Manitoba.
Reservation I-PT-46
Sector:
Wholesale trade
Sub-Sector:
Pharmaceutical and medical goods
Industry Classification:
CPC 62251
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Hearing Aid Act
, C.C.S.M. c. H-38
Description:
Investment and Cross-Border Trade in Services
The Hearing Aid Board has the authority to certify hearing aid dealers and to prescribe preferential access to, and preferential conditions on, applicants for certification resident in Manitoba or Canada.
Reservation I-PT-47
Sector:
Transport
Sub-Sector:
Passenger transit systems
Industry Classification:
CPC 71213, 71223
Type of Reservation:
Market access
Level of Government:
Provincial — Manitoba
Measures:
The Highway Traffic Act
, C.C.S.M. c. H-60
Description:
Investment and Cross-Border Trade in Services
The Manitoba Transport Board may limit the number of certificates granted to public passenger motor carriers on public roads in Manitoba. The Board may limit new public passenger motor carriers from entering the public service vehicle market or require motor carriers to take on less profitable routes if it considers public availability of the service to be essential.
Reservation I-PT-48
Sector:
Business services
Sub-Sector:
Accounting, auditing and bookkeeping services
Industry Classification:
CPC 862
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Chartered Accountants Act
; C.C.S.M. c. C-70
The Certified General Accountants Act
, C.C.S.M. c. C-46
The Certified Management Accountants Act
, C.C.S.M. c. C-46.1
The Corporations Act
, C.C.S.M. c. C-225
Description:
Investment
The first three Acts cited above indicate that an accounting, auditing, and bookkeeping corporation cannot be issued a corporate permit to offer services in Manitoba, unless incorporated under 
The Corporations Act
. This means that at least 25 per cent of the corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors).
Reservation I-PT-49
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 8621
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Chartered Accountants Act
, C.C.S.M. c. C-70
The Certified General Accountants Act
, C.C.S.M. c. C-46
The Certified Management Accountants Act
, C.C.S.M. c. C-46.1
The Addictions Foundation Act
, C.C.S.M. c. A-60
The Convention Centre Act
, S.M. 1988-89 c. 39 amended
The Crown Corporations Public Review and Accountability Act
, C.C.S.M. c. C-336 amended
The Insurance Act
, C.C.S.M. c. 140
The Municipal Act
, C.C.S.M. c. M-225
The Northern Affairs Act
, C.C.S.M. c. N-100 amended
The Public Schools Act
, C.C.S.M. c. P-250 amended
The Trustee Act
, C.C.S.M. c. T-160 amended
The City of Winnipeg Charter
, S.M. 2002, c. 39 amended
The Concordia Hospital Incorporation Act
, R.S.M. 1990, c. 39
The Hudson Bay Mining Employees' Health Association Incorporation Act
, R.S.M. 1990, c. 68
The Investors Syndicate Limited Incorporation Act
, R.S.M. 1990, c. 77
The Mount Carmel Clinic Act
, R.S.M. 1990, c. 120
L'Œuvre des bourses du Collège de Saint-Boniface Incorporation Act
, R.S.M. 1990, c. 132
The Seven Oaks General Hospital Incorporation Act
, R.S.M. 1990, c. 180
The United Health Services Corporation Incorporation Act
, R.S.M. 1990, c. 201
The Winnipeg Art Gallery Incorporation Act
, R.S.M. 1990, c. 216
The Winnipeg Clinic Incorporation Act
, R.S.M. 1990, c. 220
Description:
Investment and Cross-Border Trade in Services
The above listed Acts require that auditing services be performed by a person who is authorised to practice as an accountant under either 
The Chartered Accountants Act
, 
The Certified General Accountants Act
 or 
The Certified Management Accountants Act
.
Reservation I-PT-50
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Corporations Act
, C.C.S.M. c. C-225
Description:
Investment
At least 25 per cent of a corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors). Directors must not transact business at a meeting of directors unless at least 25 per cent of the directors present are residents of Canada (or if there are three or fewer directors, at least one of the directors present is a resident of Canada). If the directors delegate any of their powers to a managing director or to a committee, the managing director or a majority of the members of the committee, as the case may be, must be a resident or residents of Canada.
Reservation I-PT-51
Sector:
Hunting
Sub-Sector:
Services incidental to hunting
Hunting, fishing and trapping industries
Tourist guide agencies
Own-account hunting
Industry Classification:
CPC 7472, 8813, 96419
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Wildlife Act
, C.C.S.M. c. W–130
Allocation of Hunting Licences Regulation
, Man. Reg. 77/2006
Captive Wild Animal Regulation
, Man. Reg. 23/98
Exotic Wildlife Regulation
, Man. Reg. 78/99
General Hunting Regulation
, Man. Reg. 351/87
Hunting Dogs Regulation
, Man. Reg. 79/95
Hunting Seasons and Bag Limits Regulation
, Man. Reg. 165/91
Miscellaneous Licences and Permits Regulation
, Man. Reg. 53/2007
Trapping Areas and Zones Regulation
, Man. Reg. 149/2001
Hunting Guides Regulation
, Man. Reg. 110/93
Manitoba Trapping Guide 2011/2012
The Resource Tourism Operators Act
, C.C.S.M. c. R119.5
Description:
Investment and Cross-Border Trade in Services
Pursuant to the above Acts and Regulations the Minister, and the Administrator appointed by the Minister, has the discretion to issue permits or licences required under the Acts to a person, subject to such terms and conditions as the Minister or Administrator considers advisable, and to make regulations ancillary to the foregoing. The Regulations may prescribe preferential access to permits and licences, and preferential conditions on such permits and licences, for residents of Manitoba or Canada.
Reservation I-PT-52
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Services incidental to agriculture
Industry Classification:
CPC 01, 8811 (other than rental of agricultural equipment with operator)
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Wild Rice Act
, C.C.S.M. c. W-140
Description:
Investment and Cross-Border Trade in Services
Only persons who have been resident in Manitoba for at least one year are entitled to apply for a licence, permit, load slip or export certificate under this Act.
Reservation I-PT-53
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Services incidental to manufacturing
Industry Classification:
CPC 0311, 0312, 8843
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — Manitoba
Measures:
The Forest Act
, C.C.S.M. c. F-150
Forest Use and Management Regulation
, Man. Reg. 227/88R
Description:
Investment and Cross-Border Trade in Services
Pursuant to the above Act and Regulation, the Minister is responsible for regulating all forestry matters in accordance with the Act and Regulation, and has the discretion to make grants or issue permits or licences required under the Act to a person, subject to such terms and conditions as the Minister considers advisable. Timber cutting rights must be granted in a way that the Minister believes secures the maximum benefit for Manitoba's forestry industry. Manitoba residents or Canadian citizens may be given preference if such grants are made or permits or licences are issued.
Reservation I-PT-54
Sector:
Transport
Sub-Sector:
Passenger road transport (taxicabs)
Industry Classification:
CPC 71221
Type of Reservation:
Market access
Level of Government:
Provincial — Manitoba
Measures:
The Taxicab Act
, C.C.S.M. c. T-10
The Highway Traffic Act
, C.C.S.M. c. H-60
Description:
Investment and Cross-Border Trade in Services
1.
The Taxicab Act
 requires all persons seeking to operate a taxi or carry on a taxi business to apply for and obtain a taxicab business licence from the Taxicab Board. The Board has the power to impose terms and conditions on a taxicab business licence it issues. In deciding whether or not to grant a licence, the Board must apply tests of public convenience and necessity in respect of the number of taxicabs required in The City of Winnipeg.
2.
The Highway Traffic Act
 requires all persons seeking to operate a taxi across municipal boundaries to apply for and obtain a certificate from the Motor Transport Board. The Board has the power to impose terms and conditions on a certificate it issues. In deciding whether or not to grant a certificate, the Board must consider if the existing facilities for transportation are insufficient or that the public convenience will be promoted by the establishment or continuance from year to year of the proposed transportation service.
Reservation I-PT-55
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Live animals and animal products
Meats and dairy products
Other food products n.e.c.
Services incidental to agriculture
Industry Classification:
CPC 01, 02, 21, 22, 239, 8811 (other than rental of agricultural equipment with operator)
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Farm Products Marketing Act
, C.C.S.M. c. F-47
Dairy Farmers of Manitoba Marketing Plan Regulation
, Man. Reg. 89/2004
Manitoba Egg and Pullet Producers Marketing Plan Regulation
, Man. Reg. 70/2005
Manitoba Chicken Broiler Producers Marketing Plan Regulation
, Man. Reg. 246/2004
Manitoba Turkey Producers Marketing Plan Regulation
, Man. Reg. 38/2004
Manitoba Vegetable Producers Marketing Plan Regulation
, Man. Reg. 117/2009
The Milk Prices Review Act
, C.C.S.M. c. M-130
Description:
Investment and Cross-Border Trade in Services
The boards and commissions under the above measures may afford preferences to permanent residents of Manitoba or Canadian citizens.
Reservation I-PT-56
Sector:
Energy
Sub-Sector:
Electrical power
Industry Classification:
CPC 17, 887
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Manitoba Hydro Act
, C.C.S.M. c. H-190
The Public Utilities Board Act
, C.C.S.M. c. P-280
The Water Power Act
, C.C.S.M. c. W-60
The Environment Act
, C.C.S.M. c. E-125
The Crown Corporations Public Review and Accountability Act
, C.C.S.M. c. C336
Description:
Investment and Cross-Border Trade in Services
1.
The above measures, among other things, permit the Government of Manitoba or Manitoba Hydro to:
(a)
regulate, and issue various licences, authorisations or approvals relating to the generation, transmission, distribution, importation, exportation and supply and sale of electricity, if generated from renewable energy sources or from other goods, forces or sources from which it is possible to generate electricity;
(b)
regulate the development, construction or maintenance of power plants, generating stations, substations, transmission lines, transmission towers and other facilities or structures or equipment required in connection with any of the activities set out in paragraph (a); and
(c)
transfer or grant real property or interests in real property in Manitoba, or transfer personal property or interests in personal property, in connection with any of the activities set out in paragraphs (a) or (b).
2.
Without limiting the generality of the foregoing, these measures may involve discrimination in favour of Manitoba residents or entities formed in accordance with the laws of Canada (and having a place of business in Manitoba).
Reservation I-PT-57
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Liquor and Gaming Control Act
, C.C.S.M. c. L-160
The Corporations Act
, C.C.S.M. c. C-225
Description:
Investment and Cross-Border Trade in Services
The Liquor and Gaming Control Authority of Manitoba has the discretion to grant licences to sell alcoholic beverages. If the applicant is an individual, the licence may only be issued to an adult natural person who is a Canadian citizen or has permanent residence status and resides in Canada. If the applicant is a partnership, all of its members must meet this requirement. If the applicant is a corporation, it must be incorporated or authorised to carry on its business in Manitoba under Manitoba law. If the applicant is incorporated under Manitoba law, 25 per cent of the corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors).
Reservation I-PT-58
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Liquor and Gaming Control Act
, C.C.S.M. c. G-5
The Manitoba Liquor and Lotteries Corporation Act
, C.C.S.M. c. L-210
The Manitoba Horse Racing Commission Act
, C.C.S.M. c. H-90
Rules of Thoroughbred Racing and Commission Directives
, 2011
Rules of Standardbred Racing and Commission Directives
, 2010
Commission Quarterhorse Directives
, 2011
Pari-Mutuel Betting Supervision Regulations
, SOR 91-365
Description:
Investment and Cross-Border Trade in Services
Gaming Activities by Charitable and Religious Organisations, Fairs and Exhibitions and Concession and Amusement Operators
1.
Charitable and religious organisations, fairs and exhibitions and concession and amusement operators may not carry on gaming activities in Manitoba unless they are licenced to do so by the Liquor and Gaming Control Authority of Manitoba or by another body authorised by Manitoba. The Liquor and Gaming Control Authority has discretion to issue these licences subject to such terms and conditions as it considers advisable, and may afford preferential treatment to applicants with a presence in Manitoba.
2.
No one may become an employee of The Manitoba Liquor and Lotteries Corporation or of a Manitoba gaming operator, or regularly be in a premises in Manitoba if the gaming activity is taking place for the purpose of providing a gaming service, unless they have been registered for this purpose by the Liquor and Gaming Control Authority. The Liquor and Gaming Control Authority has discretion to register a person, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba.
3.
No proprietor, business entity or association may become a Manitoba gaming operator, a Manitoba video lottery terminal siteholder, a Manitoba lottery ticket retailer or a supplier of gaming supplies or gaming services in Manitoba unless they have been registered for this purpose by the Liquor and Gaming Control Authority. The Liquor and Gaming Control Authority has discretion to register a proprietor, business entity or association, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or to business entities or associations with a presence in Manitoba.
Gaming Activities — Lottery Schemes
4.
Only the Government of Manitoba is authorised to conduct and manage lottery schemes in Manitoba that fall outside the authority of the Liquor and Gaming Control Authority or other bodies authorised to issue licences to conduct and manage lottery schemes in Manitoba. Manitoba conducts and manages lottery schemes within Manitoba through The Manitoba Liquor and Lotteries Corporation, as agent for Manitoba. Manitoba also conducts and manages lottery schemes in Manitoba and one or more other Canadian jurisdictions in co-operation with the governments of those other jurisdictions through Western Canada Lottery Corporation and Interprovincial Lottery Corporation. The Manitoba Liquor and Lotteries Corporation, Western Canada Lottery Corporation and Interprovincial Lottery Corporation are collectively referred to as the ‘Corporations’.
5.
Manitoba and the Corporations may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or to business entities with a presence in Manitoba in connection with any of the foregoing activities.
Horse Racing and Betting
6.
No one may operate a race track or a pari-mutuel betting theatre or act as a concessionaire on a race track or in a betting theatre in Manitoba unless they are licenced to do so by the Horse Racing Commission. The Commission has discretion to issue licences to any person or business entity, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or business entities with an office in Manitoba.
Reservations applicable in New Brunswick
Reservation I-PT-59
Sector:
Forestry
Sub-Sector:
Agricultural, forest and other wooded land
Forestry and logging products
Industry Classification:
CPC 03, 531
Type of Reservation:
Performance requirements
Level of Government:
Provincial — New Brunswick
Measures:
Crown Lands and Forest Act
, S.N.B. 1980, c. C-38.1
Description:
Investment
Subject to certain exceptions every licence or permit authorising the cutting of Crown timber shall be granted on condition that all timber cut thereunder must be processed in New Brunswick into lumber, pulp or other wood products.
Reservation I-PT-60
Sector:
Mining
Sub-Sector:
Mining
Quarrying and oil well industries
Industry Classification:
CPC 11, 12, 13, 14, 15, 16
Type of Reservation:
Performance requirements
Level of Government:
Provincial — New Brunswick
Measures:
Mining Act
, S.N.B. 1985, c. M-14.1
Description:
Investment
If required to do so by the Minister at the time a mining lease is granted or at any time thereafter, a lessee shall process or further process in the Province any minerals mined in the Province under the mining lease.
Reservation I-PT-61
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — New Brunswick
Measures:
Liquor Control Act
, R.S.N.B. 1973, c. L-10
Description:
Investment and Cross-Border Trade in Services
1.
The New Brunswick Liquor Commission (‘ANBL’) is a Government of New Brunswick Crown agency that is the sole importer and wholesaler, retailer, and distributor of alcoholic beverages in New Brunswick. The above measures permit New Brunswick to regulate and authorise the importation, purchase, production, distribution, supply, marketing and sale of alcoholic beverages in New Brunswick. The ANBL sets, at its discretion, performance requirements that must be met or exceeded in order for the importation, distribution and retail relationship to continue with any given supplier be they domestic or international.
2.
The ANBL reserves the right to preferentially promote and market locally produced alcoholic beverage products.
Reservations applicable in Newfoundland and Labrador
Reservation I-PT-62
Sector:
Energy
Sub-Sector:
Crude petroleum and natural gas
Industry Classification:
CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887
Type of Reservation:
Market access (CPC 71232 and 7422 only)
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act
, R.S.N.L. 1990, c. C-2
Canada-Newfoundland Atlantic Accord — February 11, 1985
Energy Corporation Act
, S.N.L. 2007, c. E-11.01
Petroleum and Natural Gas Act
, RSNL 1990, c. P-10
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the exploration, production, extraction, development and transportation of hydrocarbons, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including, related hydrocarbon pipelines, marine distribution, transshipment facilities and transport services. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-63
Sector:
Energy
Sub-Sector:
Electricity
Services incidental to energy distribution
Industry Classification:
CPC 171, 887
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Electric Power Control Act, 1994
, S.N.L. 1994, c. E-5.1
Energy Corporation Act
, S.N.L. 2007, c. E-11.01
Energy Corporation of Newfoundland and Labrador Water Rights Act
, S.N.L. 2008, c. E-11.02
Hydro Corporation Act, 2007
, SNL 2007, c. H-17
Lower Churchill Development Act
, RSNL 1990, c. L-27
Lands Act
, SNL 1991, c. 36
Water Resources Act
, SNL 2002, c. W-401
Description:
Investment and Cross-Border Trade in Services
1.
The above measures, among other things, permit the Government of Newfoundland and Labrador to:
(a)
regulate and issue various authorisations relating to the production, generation, development, transmission (including system control), distribution, delivery, supply and exportation of electricity, and provide for the construction and maintenance of related facilities;
(b)
provide for the granting of the lands or waters within the domain of the Province for a good, source or force of energy from which it is possible to produce electricity, including the installation of wind turbines and hydroelectric developments; and
(c)
set and modify rates for electricity.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-64
Sector:
Forestry
Sub-Sector:
Wood in the rough
Products of wood, cork, straw and plaiting materials
Forestry and logging products
Pulp, paper and paper products
Manufacture of wood and of products of wood and cork, except furniture
Manufacture of articles of straw and plaiting materials, on a fee or contract basis
Industry Classification:
CPC 031, 31, 321, 88430
Type of Reservation:
Market access (CPC 31 only)
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Forestry Act
, R.S.N.L. 1990, c. F-23
Forest Protection Act
, R.S.N.L. 1990, c. F-22
Plant Protection Act
, R.S.N.L. 1990, c. P-16
Description:
Investment
The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, extraction and development of forestry resources and related products within the Province. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-65
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Forestry and fishing
Wholesale trade services of agriculture raw materials and live animals
Services incidental to agriculture, hunting and forestry
Services incidental to fishing
Industry Classification:
CPC 01, 021, 029, 04, 21, 22, 6221, 62224, 881 (other than rental of agricultural equipment with operator and 8814), 882
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Farm Products Corporation Act
, R.S.N.L. 1990, c. F-5
Natural Products Marketing Act
, R.S.N.L. 1990, c. N-2
Poultry and Poultry Products Act
, R.S.N.L. 1990, c. P-18
Description:
Investment and Cross-Border Trade in Services
The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production and marketing of agricultural and food products and the marketing of fish products and wild fur within the Province, including measures related to the supply management of dairy, eggs and poultry products. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, the imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-66
Sector:
Fisheries
Sub-Sector:
Fish and other fishing products
Prepared and preserved fish
Wholesale trade services of fisheries products
Services incidental to fishing
Industry Classification:
CPC 04, 212, 62224, 882
Type of Reservation:
Performance requirements
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Fisheries Act
, S.N.L. 1995, c. F-12.1
Aquaculture Act
, R.S.N.L. 1990, c. A-13
Fish Inspection Act
, R.S.N.L. 1990, c. F-12
Fishing Industry Collective Bargaining Act
, R.S.N.L. 1990, c. F-18
Fish Processing Licensing Board Act
, S.N.L. 2004, c. F-12.01
Professional Fish Harvesters Act
, S.N.L. 1996, c. P-26.1
Lands Act
, S.N.L. 1991, c. 36
Water Resources Act
, S.N.L. 2002 c. W-4.01
Description:
Investment
The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, processing or marketing of fish and aquaculture fish products, including the transfer, delivery or transmission of marine products by fish harvesters, aquaculturalists and subsequent purchasers. These measures provide for the imposition of performance requirements in certain circumstances.
Reservation I-PT-67
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Corporations Act
, R.S.N.L 1990, c. C-36
Description:
Investment
1.
At least 25 per cent of the directors of all corporations incorporated under the 
Corporations Act
 must be resident Canadians, except:
(a)
a corporate body that was incorporated under 
The Companies Act
 and was continued under the 
Corporation Act
, and maintains the same proportion of non-resident directors after January 1, 1987 that it had before January 1, 1987; or
(b)
a corporation that earns no income in Canada.
2.
Directors of a corporation incorporated under the 
Corporations Act
 must not transact a business at a meeting of directors unless at least 25 per cent of directors present are resident Canadians, except if a resident Canadian director who is unable to be present approves, in writing or by telephone or other communications facilities, of the business transacted, and at least 25 per cent of the directors at the meeting would have been resident Canadian had that director been present.
Reservation I-PT-68
Sector:
Business services
Sub-Sector:
Surface surveying services
Industry Classification:
CPC 86753
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Land Surveyors Act, 1991
, S.N.L. 1991, c. C-37
Description:
Investment and Cross-Border Trade in Services
Canadian permanent residency is required for the issuance of a certificate of authorisation to a firm, a partnership or corporate body to practice surveying within the Province.
Reservation I-PT-69
Sector:
Business services
Sub-Sector:
Private investigation and security services
Industry Classification:
CPC 873
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Private Investigation and Security Services Act
, R.S.N.L. 1990, c. P-24
Description:
Investment and Cross-Border Trade in Services
1.
The holder of a licence to carry on the business of private investigation or security services agency must be a citizen or permanent resident of Canada, and the manager of such business must ordinarily reside in Canada.
2.
A majority of the board of directors must be permanent residents of Canada.
Reservation I-PT-70
Sector:
Tourism
Sub-Sector:
Services incidental to hunting, tourist guide agencies
Own-account hunting
Industry Classification:
CPC 7472, 8813, 96419
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Wild Life Act
, R.S.N.L. 1990, c. W-8
Description:
Investment and Cross-Border Trade in Services
1.
Non-residents of the Province must employ licenced guides while undertaking certain licenced hunting activities within the Province.
2.
Non-residents of the Province are not permitted to obtain certain types of licences, and are required to obtain non-resident licences to undertake certain fishing activities within the Province.
3.
Canadian residency is required in order to obtain registration as a guide.
Reservation I-PT-71
Sector:
Land
Sub-Sector:
Recreational and other open land
Industry Classification:
CPC 5330
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Lands Act
, S.N.L. 1991, c. 36
Policy Directive FT. 004 (Amendment 1), 2001
Description:
Investment
Only permanent residents of the Province are eligible to receive residential cottage licences for Crown land.
Reservation I-PT-72
Sector:
Transport
Sub-Sector:
Railroad transportation services
Industry Classification:
CPC 711
Type of Reservation:
Performance requirements
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Rail Service Act, 2009
, S.N.L. 2009, c. R-1.2
Description:
Investment
A person seeking to purchase, operate or construct a rail service within the Province must first obtain Provincial approval. This approval may be granted on terms and conditions the Province considers appropriate. Without limiting the generality of the foregoing, this approval may involve discretionary decisions based on various factors, including the imposition of performance requirements.
Reservation I-PT-73
Sector:
Transport
Sub-Sector:
Other land transportation services
Industry Classification:
CPC 712
Type of Reservation:
Market access
Performance requirements
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Aquaculture Act
, R.S.N.L. 1990, c. A-13
Fisheries Act
, S.N.L. 1995, c. F-12.1
Fish Inspection Act
, R.S.N.L. 1990, c. F-12
Liquor Corporation Act
, R.S.N.L. 1990, c. L-19
Liquor Control Act
, R.S.N.L. 1990, c. L-18
Motor Carrier Act
, R.S.N. 1990, c. M-19
Professional Fish Harvesters Act
, S.N.L. 1996, c. P-26.1
Description:
Investment
Public convenience and needs tests are applied to passenger transportation and to some subsectors of freight transportation within the Province. The criteria relating to approval include: the adequacy of current levels of service, market conditions establishing the requirement for the expanded service, the effect of new entrants on public convenience, and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.
Reservation I-PT-74
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Labour Relations Act
, R.S.N.L. 1990, c. L-1
Description:
Investment
The above measure allows the Lieutenant Governor in Council of Newfoundland and Labrador to issue Special Project Orders. Without limiting the generality of the foregoing, these Orders may involve discretionary decisions based on various factors and limitations on or linkages to investment or market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-75
Sector:
Recreational, cultural, sporting and associated services
Sub-Sector:
Gambling and betting
Services incidental to manufacturing of metal products, machinery and equipment
Industry Classification:
CPC 8844, 885, 96492
Type of Reservation:
Market access (CPC 8844 and 885 only)
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Lotteries Act
, S.N.L. 1991, c. 53
Description:
Investment and Cross-Border Trade in Services
1.
The above measure permits the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contests.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-76
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 643 and 88411
Type of Reservation:
Market access
National treatment
Performance requirements
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Liquor Corporation Act
, R.S.N.L. 1990, c. L-19
Liquor Control Act
, R.S.N.L. 1990, c. L-18
Description:
Investment and Cross-Border Trade in Services
1.
The above measures permit the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, distribution, supply, sale, and marketing of alcoholic beverages.
2.
The Newfoundland Liquor Corporation operates as a monopoly responsible for the distribution, supply, transport, sale and marketing of alcoholic beverages.
3.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-77
Sector:
Business services
Sub-Sector:
Legal services (notaries)
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Notaries Public Act
, R.S.N.L. 1990, c. N-5
Description:
Investment and Cross-Border Trade in Services
Only a Canadian citizen that is resident in the Province is eligible to become a notary public for the Province.
Reservations applicable in the Northwest Territories
Reservation I-PT-78
Sector:
Business services
Sub-Sector:
Legal services (notaries public)
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Territorial — Northwest Territories
Measures:
Evidence Act
, R.S.N.W.T. 1988, c. E-8, s. 79
Description:
Investment and Cross-Border Trade in Services
A person who seeks appointment as a notary public must reside in the Northwest Territories and be either a citizen of Canada or a person who has the status of a permanent resident of Canada.
Reservation applicable in Nova Scotia
Reservation I-PT-79
Sector:
Business services
Sub-Sector:
Accounting services
Industry Classification:
CPC 862
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Certified General Accountants Act
, S. N.S. 1998, c. 10
Certified Management and Accountants of Nova Scotia Act
, S.N.S. 2005, c. 35
Public Accountants Act
, R.S.N.S. 1989, c. 369
Chartered Accountants Act
, S.N.S. 1994, c. 14
Description:
Cross-Border Trade in Services
Only residents of Canada are eligible to be licenced to practice as a public accountant in Nova Scotia and to use the designation ‘Public Accountant’.
Reservation I-PT-80
Sector:
Tourism and recreational services
Sub-Sector:
Service incidental to hunting
Tour guide agencies
Own-account hunting
Industry Classification:
CPC 7472, 8813, 96419
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Wildlife Act
, R.S.N.S. 1989, c. 504
Description:
Cross-Border Trade in Services
Only Nova Scotia residents are eligible to receive a fur harvesters' or moose hunting licence. Non-residents may be subject to supervision by a qualified guide while hunting or fishing in designated rivers.
Reservation I-PT-81
Sector:
Transport
Sub-Sector:
Highway freight transport
Industry Classification:
CPC 7123
Type of Reservation:
Market access
Performance requirements
Level of Government:
Provincial — Nova Scotia
Measures:
The Public Utilities Act
, R.S., c. 380, s. 1
Description:
Investment
Public convenience and needs tests are applied to some sub-sectors of freight transportation within the Province. The criteria relating to approval include the adequacy of current levels of service, market conditions establishing the requirement for the expanded service, the effect of new entrants on public convenience, and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.
Reservation I-PT-82
Sector:
Transport
Sub-Sector:
Interurban motor bus transport and scheduled services
Industry Classification:
CPC 7121
Type of Reservation:
Market access
Performance requirements
Level of Government:
Provincial — Nova Scotia
Measures:
Public Utilities Act
, R.S.N.S. 1989, c. 380
Description:
Investment and Cross-Border Trade in Services
Licencing of new entrants to this service is subject to public convenience and needs tests which includes: the examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service; and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.
Reservation I-PT-83
Sector:
Land
Sub-Sector:
Other land
Industry Classification:
CPC 539
Type of Reservation:
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Land Titles Clarification Act
, R.S.N.S. 1989, c. 250
Description:
Investment
An applicant who claims land in a land titles clarification area based on historical adverse possession must be a resident of Nova Scotia.
Reservation I-PT-84
Sector:
Credit and collection services
Sub-Sector:
Credit reporting and collection agency services
Consumer reporting agencies
Industry Classification:
CPC 87901, 87902, 87909
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Consumer Creditors' Conduct Act
, R.S.N.S., c. 91
Consumer Protection Act
, R.S.N.S., c. 92
Consumer Reporting Act
, R.S.N.S., c. 93
Consumer Services Act
, R.S.N.S., c. 94
Direct Sellers Licensing and Regulation Act
, R.S.N.S. 1989, c. 129
Description:
Investment and Cross-Border Trade in Services
1.
Whether as an individual or partnership, an applicant for registration as a consumer reporting agency must be a Canadian citizen or lawfully admitted to Canada and ordinarily resident. A corporate applicant must be incorporated in Canada and registered to do business in Nova Scotia. A consumer reporting agency, whether an individual, partnership, or corporation, shall operate from the fixed place of business in Nova Scotia, that shall be open to the public during normal business hours.
2.
Credit Reporting and Collection Agency Services must be supplied through a commercial presence.
3.
Permanent residency is required to provide Consumer Agents Services
4.
A licence application requires an address for service in Nova Scotia with direct sellers maintaining a permanent place of business in Nova Scotia.
Reservation I-PT-85
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Liquor Control Act
, R.S.N.S. 1989, c. 260
Description:
Investment and Cross-Border Trade in Services
1.
The above measure allows the Province, through the monopoly of the Nova Scotia Liquor License Corporation, to regulate and issue various authorisations relating to the purchase, importation, possession, delivery and sale of liquor and merchandise.
2.
Without limiting the generality of the foregoing, this measure may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-86
Sector:
Community and personal services
Sub-Sector:
Religious organizations
Industry Classification:
CPC 95910
Type of Reservation:
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Solemnization of Marriage Act
, R.S.N.S. 1989, c. 436
Description:
Cross-Border Trade in Services
Only Nova Scotia residents may be registered as a person authorised to perform marriages.
Reservation I-PT-87
Sector:
Mining
Sub-Sector:
Mining, quarrying, and oil well industries
Industry Classification:
CPC 11, 12, 13, 14, 15, 16, 883
Type of Reservation:
Performance requirements
Level of Government:
Provincial — Nova Scotia
Measures:
Mineral Resources Act
, S.N.S. 1990, c. 18
Description:
Investment
1.
Except for testing, no person shall remove from the Province to a place outside of Canada for processing an output from a mine in the Province without first obtaining the consent of the Minister.
2.
A penalty equal to three times the royalty an operator would otherwise be required to pay may be ordered for failure to obtain consent.
3.
Differential royalties also apply for mine output processed outside Nova Scotia.
Reservation I-PT-88
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Services incidental to manufacturing
Industry Classification:
CPC 8844, 885, 96492
Type of Reservation:
Market access (only to CPC 8844 and 885)
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Gaming Control Act
, S.N.S. 1994-95, c. 4
Description:
Investment and Cross-Border Trade in Services
1.
The above measure allows the Province to regulate and issue various authorisations relating to services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contest.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decision based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-89
Sector:
Community and personal services
Sub-Sector:
Funeral, cremation and undertaking services
Industry Classification:
CPC 9703
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Embalmers and Funeral Directors Act
, R.S.N.S., c. 144
Description:
Investment and Cross-Border Trade in Services
1.
The Minister has power to refuse to issue or re-issue a licence in respect of a funeral home for any reasonable cause.
2.
The regulation provides that a person applying for an apprentice embalmer's licence must have completed one of two courses of study in Nova Scotia. If a person has completed a course of study in a jurisdiction other than Nova Scotia, the Board has the discretion not to approve or accept the course of study.
Reservation I-PT-90
Sector:
Energy
Sub-Sector:
Crude oil and natural gas
Industry Classification:
CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887
Type of Reservation:
Market access (CPC 71232 and 7422 only)
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act
, S.N.S. 1987, c. 3
Crown Lands Act
, R.S.N.S. 1989, c. 114
Gas Distribution Act
, S.N.S. 1997, c. 4
Offshore Petroleum Royalty Act
, S.N.S. 1987, c. 9
Petroleum Resources Act
, R.S.N.S. 1989, c. 342
Petroleum Resources Removal Permit Act
, S.N.S. 1999, c. 7
Pipeline Act
, R.S.N.S. 1989, c. 345
Public Utilities Act
, R.S.N.S. 1989, c. 380
Description:
Investment and Cross-Border Trade in Services
1.
The Government of Nova Scotia regulates and issues various authorisations relating to the exploration, production, extraction, processing, development and transportation of hydrocarbons, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including related hydrocarbon pipelines, marine distribution, transshipment facilities and transport services.
2.
The granting of authorisations may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-91
Sector:
Fisheries
Sub-Sector:
Fish and other fishing products
Prepared and preserved fish
Wholesale trade services of fisheries products
Services incidental to fishing
Industry Classification:
CPC 04, 212, 62224, 882
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Fisheries and Coastal Resources Act
, R.S.N.S. 1996, c. 25
Fisheries Organizations Support Act
, S.N.S., 1995-96, c. 6
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow the Province to regulate and issue various authorisations relating to the production, processing or marketing of fish and aquaculture fish products, including the transfer, delivery or transmission of marine products by fish harvesters, aquaculturalists and subsequent purchasers.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-92
Sector:
Forestry
Sub-Sector:
Products of wood, cork, straw and plaiting materials
Forestry and logging products
Pulp, paper and paper products
Manufacture of wood and of products of wood and cork, except furniture
Manufacture of articles of straw and plaiting materials on a fee or contract basis
Industry Classification:
CPC 031, 31, 321, 88430
Type of Reservation:
Market access (CPC 31 only)
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Crown Lands Act
, R.S.N.S. 1989, c. 114
Forests Act
, R.S.N.S. 1989, c. 179
Primary Forests Products Marketing Act
, R.S.N.S. 1989, c. 355
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow the Province to regulate and issue various authorisations relating to the production, extraction and development of forestry resources and related products within the Province.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-93
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Forestry and fishing
Wholesale trade services of agriculture raw materials and live animals
Services incidental to agriculture, hunting and forestry
Services incidental to fishing
Industry Classification:
CPC 01, 021, 029, 04, 21, 22, 6221, 881 (other than rental of agricultural equipment with operator and 8814), 882
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Natural Products Act
, R.S.N.S. 1989, c. 308
Dairy Industry Act
, S.N.S. 2000, c. 24
Agriculture and Rural Credit Act
, R.S.N.S. 1989, c. 7
Agriculture and Marketing Act
, R.S.N.S., c. 6
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow the Province to regulate and issue various authorisations relating to the production and marketing of agricultural and food products and fish products within the Province, including measures related to the supply management of dairy, eggs and poultry products.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-94
Sector:
Energy
Sub-Sector:
Electricity
Services incidental to energy distribution
Industry Classification:
CPC 17, 887
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Crown Lands Act
, R.S.N.S. 1989, c. 114
Electricity Act
, S.N.S. 2004, c. 25
Nova Scotia Power Privatization Act
, S.N.S. 1992, c. 8
Nova Scotia Power Reorganization (1998) Act
, S.N.S. 1998, c. 19
Public Utilities Act
, R.S.N.S. 1989, c. 380
Renewable Electricity Regulations
, O.I.C. 2010-381 (October 12, 2010), N.S. Reg. 155/2010
Description:
Investment and Cross-Border Trade in Services
1.
The above measures, among other things, permit the Government of Nova Scotia to:
(a)
regulate and issue various authorisations relating to the production, development, operation and maintenance of generation, transmission (including system control), distribution, delivery, importation, exportation and supply of electricity, including electricity generated by renewable energy sources;
(b)
provide for the granting of lands or waters within the Province for any good, source or force of energy from which it is possible to produce electricity, including the installation of wind turbines and hydroelectric developments; and
(c)
Set and modify electricity rates, including feed-in tariffs.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservations applicable in Nunavut
Reservation I-PT-95
Sector:
Tourism, agriculture
Sub-Sector:
Other — services incidental to hunting
Hunting, fishing and trapping industries
Tourist guide agencies (wilderness tourism)
Own-account hunting
Live animals
Hides, skins and furskins
Industry Classification:
CPC 021, 0297, 7472, 8813, 96419
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Territorial — Nunavut
Measures:
Wildlife Act
, S. Nu. 2003, c. 26, s. 113
Description:
Investment and Cross-Border Trade in Services
In the allocation of a dealer's licence, guiding licence, fur farm licence, game farm licence, tanning licence or taxidermy licence, preference shall be given to an applicant who had made his or her principal residence in the Nunavut Settlement Area for at least 18 continuous months prior to the submission of his or her application. Preference will also be given to applications that will likely provide direct benefits to the Nunavut economy, in particular through employment of local human and economic resources.
Reservation I-PT-96
Sector:
Business services
Sub-Sector:
Legal services (notaries public)
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Territorial — Nunavut
Measures:
Evidence Act
, R.S.N.W.T. 1988, c. E-8, s. 79
Description:
Investment and Cross-Border Trade in Services
Every person who seeks appointment as a notary public must reside in Nunavut and be either a citizen of Canada or a person who has the status of a permanent resident of Canada.
Reservations applicable in Ontario
Reservation I-PT-97
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Ontario
Measures:
Business Corporations Act
, R.S.O. 1990, c. B.16, ss. 118(3), 126(2), and 45(1)(b)
Special Acts of the Legislature incorporating specific companies
Description:
Investment
1.
At least 25 per cent of directors of corporations (other than non-resident corporation) must be resident Canadians. If fewer than four directors, at least one must be a resident Canadian. Majority of directors' meetings must be held in Canada each year.
2.
Constraints may be placed on the transfer and ownership of shares in corporations. Corporations may sell shareholders' shares without their consent and purchase shares to qualify for certain benefits that are based on minimum Canadian ownership requirements.
Reservation I-PT-98
Sector:
Business services
Sub-Sector:
Services incidental to manufacturing
Industry Classification:
CPC 884, 885
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Technical Standards and Safety Act, 2000
, S.O. 2000, c. 16
Upholstered and Stuffed Articles
, O. Reg. 218/01 ss. 8, and 17
Description:
Cross-Border Trade in Services
Except for a second-hand article, no person shall sell or offer for sale an upholstered or stuffed article that has not been manufactured by a manufacturer licenced in Ontario or manufactured in a designated jurisdiction.
Reservation I-PT-99
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
National treatment
Performance requirements
Level of Government:
Provincial — Ontario
Measures:
Gaming Control Act, 1992
, S.O. 1992, c. 24
General O. Reg. 78/12
Order in Council 1413/08, ss. 3(b) and 16(i)
Description:
Investment and Cross-Border Trade in Services
Ontario regulates gaming assistants and suppliers of services and equipment relating to lottery schemes, including games of chance, betting, bingos, casinos and promotional contests, including through provincial monopolies. Proceeds must be used to provide direct benefits to Ontario residents.
Reservation I-PT-100
Sector:
Business services
Sub-Sector:
Collection agents
Industry Classification:
CPC 87902
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Collection and Debt Settlement Services Act
, R.S.O. 1990, c. C-14
General
, R.R.O. 1990, Reg. 74, ss. 12(2)(a), and 19.1
Description:
Investment and Cross-Border Trade in Services
1.
Only Canadian citizens, permanent residents or persons ordinarily resident in Canada are eligible to be registered as collection agents and to engage in collection agency business in Ontario.
2.
A corporation must be incorporated under Canadian legislation (federal or provincial) to carry on business of collection agencies in Ontario. Exemptions under the Act and regulation are provided for not-for-profit credit counselling services.
Reservation I-PT-101
Sector:
Business services
Sub-Sector:
Real estate services on a fee or contract basis
Real estate services involving own or leased property
Industry Classification:
CPC 821, 822
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Real Estate and Business Brokers Act, 2002
, S.O. 2002, c. 30, Sched. C
General
, O. Reg. 567/05 para.2 of ss. 4(1) and ss. 24(1)
Description:
Cross-Border Trade in Services
Real estate services must be supplied through a commercial presence in Ontario.
Reservation I-PT-102
Sector:
Alcoholic beverages
Sub-Sector:
Wine products
Industry Classification:
CPC 242
Type of Reservation:
Performance requirements
Level of Government:
Provincial — Ontario
Measures:
Wine Content and Labelling Act
, S.O 2000, c. 26, Sched. P
Content of Wine
, O. Reg. 659/00
Description:
Investment
A winery in Ontario may sell wine manufactured from a blend of imported and domestic grape products with a minimum of 25 per cent Ontario grape content per bottle.
Reservation I-PT-103
Sector:
Tourism
Sub-Sector:
Travel agency, tour operator and tourist guide services
Industry Classification:
CPC 7471
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Travel Industry Act, 2002
, S.O. 2002, c. 30, Sched. D, s. 4(1)
General
, O. Reg. 26/05, para.1 of s. 5, and ss. 10(1)
Description:
Cross-Border Trade in Services
1.
An individual must be a Canadian resident to register as a travel agent and travel wholesaler in Ontario.
2.
Registrants may carry on business only if their permanent place of business is in Ontario.
Reservation I-PT-104
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Services incidental to agriculture
Industry Classification:
CPC 01, 8811 (other than rental of agricultural equipment with operator)
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Wild Rice Harvesting Act
, R.S.O., 1990, c. W. 7, ss. 1 and 3(2)
Description:
Cross-Border Trade in Services
A person seeking to harvest wild rice on Crown lands must obtain a licence. Only those who have resided in Ontario for 12 consecutive months immediately preceding the application are eligible for a licence.
Reservation I-PT-105
Sector:
Business services
Sub-Sector:
Land surveying (cadastral surveying)
Industry Classification:
CPC 86753
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Ontario
Measures:
Surveyors Act
, R.S.O. 1990, c. S.29, ss. 3(6), 5(1), 12(1), 14(2) and (3)
General
, O. Reg. 1026, s. 23
Description:
Investment and Cross-Border Trade in Services
1.
Only a resident of Canada may obtain a licence to conduct cadastral surveying. Only Canadian citizens can serve as councillors of the Association of Ontario Land Surveyors (‘AOLS’).
2.
A corporation must primarily offer professional survey services and 50 per cent of the board of directors must be members of the AOLS in order to obtain a Certificate of Authorization to offer cadastral surveying services. If the corporation offers cadastral surveying at least one director or full time employee must be licenced by the AOLS.
Reservation I-PT-106
Sector:
Business services
Sub-Sector:
Services incidental to hunting
Industry Classification:
CPC 8813
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41, s. 1(1)
Hunting
, O.Reg. 665/98, s. 37
Description:
Cross-Border Trade in Services
Only a resident may be issued a licence for taking of bullfrogs for sale or barter. A resident is a permanent resident or has his or her primary residence in Ontario and has resided in Ontario for six months of the preceding 12 months.
Reservation I-PT-107
Sector:
Business services
Sub-Sector:
Services incidental to hunting
Industry Classification:
CPC 8813
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41, s. 1(1)
Trapping
, O. Reg. 667/98, s. 11(1)
Description:
Cross-Border Trade in Services
Only a Canadian citizen or an Ontario resident may be issued a licence to hunt or trap fur-bearing animals. An Ontario resident is defined as a person having his or her primary residence in Ontario and has resided in Ontario for six of the 12 months preceding application for a licence.
Reservation I-PT-108
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Sporting services
Services incidental to hunting
Industry Classification:
CPC 9641, 8813
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41
Hunting
, O. Reg. 665/98, s. 12
Ontario Hunter Education Program Standards, Wildlife Policy Section, 2014
Description:
Cross-Border Trade in Services
Only Ontario residents are eligible to be appointed to instruct hunting education courses.
Reservation I-PT-109
Sector:
Business services
Sub-Sector:
Services incidental to hunting
Industry Classification:
CPC 8813
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41, ss. 1(1), and 32
Hunting
, O. Reg. 665/98, ss. 94 and 95
Description:
Cross-Border Trade in Services
To be eligible for a licence to act as a guide for hunting in the Territorial District of Rainy River and for migratory bird hunting on Lake St. Clair, an applicant must be an Ontario or Canadian resident. A resident is a person having resided in Ontario for six consecutive months immediately preceding application for a licence.
Reservation I-PT-110
Sector:
Distribution services
Sub-Sector:
Wholesale trade services of fisheries products
Industry Classification:
CPC 62224
Type of Reservation:
Market access
Level of Government:
Provincial — Ontario
Measures:
Freshwater Fish Marketing Act
, R.S.O. 1990, c. F.33
Description:
Investment and Cross-Border Trade in Services
No person is permitted to control the buying or selling of fish in Ontario except as authorised in the relevant Act.
Reservation I-PT-111
Sector:
Forestry
Sub-Sector:
Logs of coniferous wood
Logs of non-coniferous wood
Manufacture of wood and of products of wood and cork, except furniture
Manufacture of articles of straw and plaiting materials, on a fee or contract basis
Industry Classification:
CPC 0311, 0312, 8843
Type of Reservation:
Market access
Performance requirements
Level of Government:
Provincial — Ontario
Measures:
Crown Forest Sustainability Act
, S.O. 1994, c. 25, ss. 30 and 34
General
, O. Reg. 167/95
Description:
Investment
1.
Forest resource licences that authorise the harvesting of Crown trees are subject to the condition that all trees harvested shall be manufactured in Canada into lumber, pulp, or other products.
2.
Forest resource licences are issued in respect of specific areas of land. As such there are limits to the number of licences issued.
3.
The Minister may amend a forest resource licence in accordance with Regulation 167/95, which requires the submission of a forest management plan relating to social and economic objectives. The needs and benefits of the local communities will be given priorities into the planning effort and objective setting and achievement before broader non-local communities.
Reservation I-PT-112
Sector:
Business services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Veterinarians Act
, R.S.O. 1990, c. V. 3
General
, O. Reg. 1093/90
Description:
Investment and Cross-Border Trade in Services
Only a Canadian citizen or permanent resident, or another status under the 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27, consistent with the class of licence for which the application is made, is eligible to be licenced to practice veterinary medicine in Ontario.
Reservation I-PT-113
Sector:
Distribution services
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Livestock Medicines Act
, R.S.O. 1990, c. L.-23
General
, O. Reg. 730/90
Description:
Cross-Border Trade in Services
Only persons with an established place of business in Ontario are eligible to be licenced to sell livestock medicine in Ontario.
Licences may be issued to sellers who have established a temporary place of business at events such as races and agricultural fairs or shows.
Reservation I-PT-114
Sector:
Business services
Sub-Sector:
Legal services (legal documentation and certification services)
Industry Classification:
CPC 86130
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Notaries Act
, R.S.O. 1990, c. N.6, s. 2(1)
Description:
Investment and Cross-Border Trade in Services
Canadian citizenship is required to be appointed a notary public in Ontario for a person who is not a barrister or solicitor.
Reservation I-PT-115
Sector:
Ores and minerals, electricity, gas and water
Sub-Sector:
Natural gas
Electrical energy
Industry Classification:
CPC 120, 17, 334, 713, 887
Type of Reservation:
Market access
National treatment
Performance requirements
Level of Government:
Provincial — Ontario
Measures:
Ontario Energy Board Act
, S.O. 1998, c. 15, Sched. B
Electricity Act
, S.O. 1998, c. 15, Sched. A
Green Energy Act
, S.O. 2009, c. 12, Sched. A
Green Energy and Green Economy Act, 2009
, S.O. 2009, c. 12
Municipal Franchises Act
, R.S.O. 1990, c. M-55
Description:
Investment and Cross-Border Trade in Services
1.
The Government of Ontario and its energy authorities, entities, and agencies, including, Independent Electricity System Operator, Ontario Power Generation Inc., Hydro One Inc. and the Ontario Energy Board, and their successors or assigns, may permit one or more persons or entities to establish or expand pipelines and electricity and gas infrastructure or to produce, transmit, distribute, conserve, manage (demand and load), store, sell, retail or market energy (including electricity, natural gas or renewable energy) in any region in Ontario including on corridor lands. Further, the Government of Ontario or one of its energy authorities, the Ontario Energy Board, or its successors or assigns, may regulate the rates, storage, standards or services provided by energy producers, distributors, transmitters, sellers, retailers, marketers and storage companies in Ontario.
2.
Without limiting the generality of the foregoing, measures and actions taken by Ontario and energy authorities, entities, and agencies mentioned above and their successors or assigns, may involve discretionary decisions, based on factors that may afford preferential treatment in favour of:
(a)
residents of Ontario; or
(b)
entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business in Ontario.
3.
For greater certainty, any enterprise formed in accordance with the laws of Ontario and having a place of business in Ontario, shall be treated in the same manner as an enterprise that is a resident of Ontario.
Reservation I-PT-116
Sector:
Mining
Sub-Sector:
Metal ores, other minerals
Manufacture of basic metals on a fee or contract basis
Industry Classification:
CPC 14, 16, 8851
Type of Reservation:
Performance requirements
Level of Government:
Provincial — Ontario
Measures:
Mining Act
, R.S.O. 1990, c. M.14, 1990, s. 91
Description:
Investment
All ores or minerals raised or removed from lands, claims or mining rights in Ontario must be treated and refined in Canada to yield refined metal or other product suitable for direct use in the arts without further treatment, unless the Lieutenant Governor in Council exempts any lands, claims or mining rights from the operation of this requirement.
Reservation I-PT-117
Sector:
Transport
Sub-Sector:
Interurban transportation
Industry Classification:
CPC 71213
Type of Reservation:
Market access
Level of Government:
Provincial — Ontario
Measures:
Public Vehicles Act
, R.S.O 1990, c. P-54
Description:
Investment and Cross-Border Trade in Services
The issuance of operating licences for public vehicles is subject to a necessity and convenience test administered by the Ontario Transport Highway Board.
Reservation I-PT-118
Sector:
Educational services
Sub-Sector:
Driver certification services
Industry Classification:
CPC 9290
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Highway Traffic Act
, R.S.O. 1990, c. H.8, s. 32 (5) Issuance of driver's licence, endorsements
Drivers' Licences
, O. Reg. 340/94
Licences for Driving Instructors and Driving School
, O. Reg. 473/07
Driver Certification Program Policy
Beginner Driver Education Program
School Bus Driver Improvement Course
Description:
Cross-Border Trade in Services
To be eligible for a licence to deliver driver education and training programs in Ontario, including the Driver Certification Program, the School Bus Driver Improvement Course, and the Beginner Driver Education Program, an applicant must own or lease premises in Ontario that serve as the driving school's office and classrooms.
Reservation I-PT-119
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Ontario
Measures:
Co-operative Corporations Act
, R.S.O. 1990, c. C. 35, ss. 14(1) and 85(3)
Description:
Investment
1.
A majority of directors of every co-operative shall be resident Canadians.
2.
Co-operative corporations must have a head office in Ontario
Reservation I-PT-120
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Liquor Control Act
, R.S.O. 1990, c. L. 18
General
, O. Reg. 717/90
Alcohol and Gaming Regulation and Public Protection Act
, R.S.O. 1996, c. 26, Sched.
Assignment of Powers and Duties
, O. Reg. 141/01
Registrar of the Alcohol and Gaming Commission of Ontario policies and practices
Description:
Investment and Cross-Border Trade in Services
1.
The above measures permit Ontario to regulate and authorise the importation, purchase, production, distribution, supply, marketing and sale of alcoholic beverages in Ontario and to conduct these activities, including through provincial monopolies. Beer may only be sold in authorised government stores.
2.
The Registrar of Alcohol and Gaming authorises Ontario wine, spirits and beer manufacturers to operate stores for the sale of their own wine, spirits and beer, respectively. The Alcohol and Gaming Commission of Ontario also authorises only The Beer Store for the sale of domestic and import beer.
Reservation I-PT-121
Sector:
Agriculture
Sub-Sector:
Agricultural land, forest and other wooded land
Industry Classification:
CPC 5310
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Municipal Act
, S.O 2001, c. 25, s. 308.1
Assessment Act
, R.S.O. 1990, c. A.31, s. 7
General
, O. Reg. 282/98
Description:
Investment
Farm land and managed forest land owned by a Canadian citizen or a person lawfully admitted to Canada for permanent residence, or by a corporation whose voting rights are more than 50 per cent controlled by Canadian citizens or persons lawfully admitted to Canada for permanent residence, are subject to reduced property taxes.
Reservation I-PT-122
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 862
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Credit Unions and Caisses Populaires Act
, S.O 1994, c. 11, s. 160
Description:
Cross-Border Trade in Services
An accountant or firm of accountants is qualified to be an auditor of a credit union if the accountant, or in the case of a firm of accountants, the member or employee of the firm, is ordinarily resident in Canada.
Reservation I-PT-123
Sector:
Service of membership organizations
Sub-Sector:
Legal documentation and certification
Industry Classification:
CPC 8613, 95910
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
The Marriage Act
, R.S.O 1990, c. M.3, ss. 11 and 20
Description:
Cross-Border Trade in Services
Ontario reserves the right to restrict the category of persons eligible to issue marriage licences, including on the basis of residence, and to require that a person registered under the Act to solemnise marriage must be an Ontario resident or have a parish or pastoral charge in whole or in part in Ontario.
Reservation I-PT-124
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Forestry and fishing
Wholesale trade services of agriculture raw materials and live animals
Services incidental to agriculture, hunting and forestry
Services incidental to fishing
Industry Classification:
CPC 01, 021, 029, 04, 21, 22, 881 (other than rental of agricultural equipment with operator and 8814), 882
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Ontario
Measures:
Farm Products Marketing Act
, R.S.O., c. F-9
Milk Act
, R.S.O. 1990, c. M. 12
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow the Province to regulate and issue various authorisations relating to the production and marketing of agricultural and food products within the Province, including measures related to the supply management of dairy, eggs and poultry products.
2.
Without limiting the generality of the foregoing, measures and actions taken by Ontario and entities, and agencies mentioned above, may involve discretionary decisions, based on factors that may afford preferential treatment in favour of:
(a)
residents of Ontario; or
(b)
entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business in Ontario.
Reservation I-PT-125
Sector:
Trade services
Sub-Sector:
Sale, maintenance and repair services of motor vehicles
Industry Classification:
CPC 611, 612
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Ontario
Measures:
Motor Vehicle Dealers Act
, S.O. 2002, c. 30, Sched. B
Description:
Cross-Border Trade in Services
A motor vehicle dealer must be registered and operate only from a place authorised in the dealer's registration. The authorised place must be in Ontario.
Reservations applicable in Prince Edward Island
Reservation I-PT-126
Sector:
Business services
Sub-Sector:
Architectural services
Industry Classification:
CPC 8671
Type of Reservation:
National treatment
Level of Government:
Provincial — Prince Edward Island
Measures:
Architects Acts
, R.S.P.E.I. 1988, c. A-18.1
Architects Association of Prince Edward Island By-laws
Description:
Investment
A non-resident proprietorship, partnership or corporation applying for a certificate of practice to practice architecture in Prince Edward Island shall have at least two-thirds of the partners, principals or directors of the partnership or corporation be architects; and not less than the majority of issued shares of each class of voting shares of the corporation are beneficially owned by and registered in the name of architects.
Reservation I-PT-127
Sector:
Business services
Sub-Sector:
Insurance and real estate agent industries
Industry Classification:
CPC 821, 822
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Prince Edward Island
Measures:
Real Estate Trading Act
, R.S.P.E.I. 1988, R -2
Description:
Cross-Border Trade in Services
To sell real estate, a natural person must hold a Prince Edward Island real estate licence. The Registrar shall not issue a licence to an individual unless the individual is a citizen of Canada or has the status of permanent resident of Canada.
Reservation I-PT-128
Sector:
Distribution services
Sub-Sector:
Retail sales of motor fuel
Industry Classification:
CPC 613
Type of Reservation:
Market access
Level of Government:
Provincial — Prince Edward Island
Measures:
Petroleum Products Act
, R.S.P.E.I. 1988, P-5.1
Description:
Investment
When issuing a licence with respect to the operation of an outlet operated by a retailer, the Commission shall consider the public interest, convenience and necessity by applying such criteria as the Commission may from time to time consider advisable.
Reservation I-PT-129
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Prince Edward Island
Measures:
Prince Edward Island Lands Protection Act
, R.S.P.E.I. 1988, L-5
Fees Regulations and Lands Identification Regulations
Description:
Investment
1.
Non-resident persons must make application to acquire more than five acres of land or land having a shore frontage of more than 165 feet and receive permission from the Lieutenant Governor in Council. Shore frontage includes, but is not restricted to, land adjacent to oceans, rivers, lakes, ponds, and swamps.
2.
The Government of Prince Edward Island issues permits to non-resident persons under the Act and may impose more onerous conditions including, that the land be identified under the land identification program for agricultural use or non-development use.
3.
Only residents of Prince Edward Island are eligible for a property tax rebate on non-commercial real property.
Reservation I-PT-130
Sector:
Business services
Sub-Sector:
Consumer credit reporting
Industry Classification:
CPC 87901
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Prince Edward Island
Measures:
Consumer Reporting Act
, R.S.P.E.I. 1988, C-20
Description:
Cross-Border Trade in Services
Every consumer reporting agency registered under the Act shall operate from a fixed place of business in Prince Edward Island.
Reservation I-PT-131
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Prince Edward Island
Measures:
Legal Profession Act
, 1992 c. 39, R.S.P.E.I. 1988, L-6.1
Description:
Investment and Cross-Border Trade in Services
To be eligible for admission to the Law Society of Prince Edward Island and practice law, an individual must be a Canadian citizen or a permanent resident of Canada.
Reservation I-PT-132
Sector:
Agriculture
Sub-Sector:
Products of agriculture
Live animals and animal products
Meats
Dairy products
Food products n.e.c.
Industry Classification:
CPC 01, 02, 21, 22, 239, 6221, 62112
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Prince Edward Island
Measures:
Natural Products Marketing Act
, R.S.P.E.I. 1988, N-3
Dairy Industry Act
, R.S.P.E.I. 1988, D-1
Agricultural Products Standards Act
, R.S.P.E.I. 1988, A-9
Dairy Producers Act
, R.S.P.E.I. 1988, D-2
Agricultural Insurance Act
, R.S.P.E.I. 1988, A-8.2
Animal Health and Protection Act
, R.S.P.E.I., A-11.1
Grain Elevators Corporation Act
, R.S.P.E.I. 1993, c. 8
Plant Health Act
, R.S.P.E.I. 1990, c. 45
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to marketing, including the buying, selling, packing, grading, storing, processing, shipping for sale or storage, promoting, researching and offering for sale, in respect of, but not limited to: poultry, eggs, dairy, hogs, cattle, potatoes and turkeys, and including the production and transport to carry out the objects of these Acts.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.
Reservation I-PT-133
Sector:
Fisheries and aquaculture
Sub-Sector:
Wholesale trade of fishery products
Services incidental to fishing
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Prince Edward Island
Measures:
Fisheries Act
, R.S.P.E.I. 1988, F-13.01
Fish Inspection Act
, R.S.P.E.I. 1988, F-13
Certified Fisheries Organizations Support Act
, R.S.P.E.I. 1988, C-2.1
Natural Products Marketing Act
, R.S.P.E.I. 1988, N-3
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to resources and products of the fishery, including: maintenance and development of the resources of the fishery; fish buying and processing; and any other matter or thing in order to give full effect to the objects of these Acts.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.
Reservation I-PT-134
Sector:
Energy
Sub-Sector:
Electricity, oil and natural gas
Services incidental to energy distribution
Industry Classification:
CPC 17, 120, 887
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Prince Edward Island
Measures:
Energy Corporation Act
, R.S.P.E.I. 1988, E-7
Renewable Energy Act
, R.S.P.E.I. 2004, C-16
Oil and Natural Gas Act
, R.S.P.E.I. 1988, O-5
Electric Power Act
, R.S.PE.I. 1988, E-4
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to energy and energy systems, oil and natural gas, and renewable energy sources including: the generation, accumulation, transmission, distribution, supply, purchase, utilisation and disposal of energy; the drilling of wells and the production and conservation of oil and natural gas; and generally for carrying out any of the purposes or provisions of these Acts.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.
Reservation I-PT-135
Sector:
Agriculture, forestry and fisheries products
Sub-Sector:
Forestry and logging products
Services incidental to forestry and logging
Industry Classification:
CPC 03, 8814
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Prince Edward Island
Measures:
Forest Management Act
, R.S.P.E.I. 1988, F-14
Public Forest Council Act
, R.S.P.E.I. 2001, C-48
Description:
Investment and Cross-Border Trade in Services
1.
The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to forest products, including: the conservation, protection, harvesting, extraction and sale of forest products; issuing of licences, certification of forest producers; importation of plants or plant materials; fees and other charges; and generally for carrying out the provisions of the Acts.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.
Reservation I-PT-136
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages.
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Prince Edward Island
Measures:
Liquor Control Act
, R.S.P.E.I. 1988, L-14
Description:
Investment and Cross-Border Trade in Services
1.
The Prince Edward Island Liquor Control Commission (‘PEILCC’) is a Government of Prince Edward Island Crown agency that is the sole importer and controls the purchase, distribution and sale of alcoholic beverages in Prince Edward Island. The PEILCC operates warehouse, office facilities, and Licensee Distribution Centre. The commission supplies and administers the operations of retail liquor stores and Licensee Distribution Centre.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.
Reservation I-PT-137
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Prince Edward Island
Measures:
Lotteries Commission Act
, R.S.P.E.I. 1988, L-17
Description:
Investment and Cross-Border Trade in Services
1.
The Prince Edward Island Lotteries Commission is authorised under the Act to develop, organise, undertake, conduct and manage lottery schemes, pari-mutuel betting systems, and internet based gaming on behalf of the government of the Province or the governments of other provinces that have any agreement with this Province respecting any such lottery schemes or pari-mutuel betting systems.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.
Reservations applicable in Québec
Reservation I-PT-138
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Québec
Measures:
An Act respecting the acquisition of farm land by non-residents
, C.Q.L.R., c. A-4.1
Regulation respecting the declaration of non-resident status in the application for registration of the acquisition of farm land
; C.Q.L.R., c. A-4.1, r. 1
Regulation respecting an application for authorization and the information and documents required for the application
, C.Q.L.R., chapter A-4.1, r. 2
Regulation respecting the tariff of duties, fees, costs made under the Act respecting the acquisition of farm land by non-residents
, C.Q.L.R., c. A-4.1, r. 3
An Act respecting the preservation of agricultural land and agricultural activities
, C.Q.L.R., c. P-41.1, and regulations
An Act respecting the lands in the domain of the State
, C.Q.L.R., c. T-8.1
Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State
, C.Q.L.R., c. T-8.1, r. 7
Description:
Investment
1.
Direct or indirect acquisition of farm land by non-residents of Québec must be authorised by the Commission de protection du territoire agricole du Québec. When it receives an application for authorisation by non-residents of Québec, the Commission takes into consideration the possible uses of the land for agricultural purposes and the economic consequences thereof.
2.
No person may, in a designated agricultural region, use a lot for any purpose other than agriculture without the authorisation of the Commission, which takes into consideration specific socio-economics factors when rendering a decision.
3.
Québec residents are given priority in the purchase or lease of land in the domain of the State.
Reservation I-PT-139
Sector:
Agriculture, forestry and fisheries
Sub-Sector:
Products of agriculture
Horticulture and market gardening
Live animals and animal products
Wood in the rough
Fish and other fishing products
Meat, fish, fruits, vegetables, oils and fats
Dairy products
Grain mill products
Starches and starch products
Other food products
Services incidental to agriculture
Services incidental to animal husbandry
Services incidental to fishing
Industry Classification:
CPC 01, 02, 031, 04, 21, 22, 23, 8811 (other than rental of agricultural equipment with operator), 8812, 882
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Québec
Measures:
Professional Syndicates Act
, C.Q.L.R., c. S-40
An Act respecting the marketing of agricultural, food and fish products
, C.Q.L.R., c. M-35.1
Règlement des producteurs d'œufs d'incubation sur le contingentement
, C.Q.L.R., c. M-35.1, r. 223
Règlement sur les quotas des producteurs d'œufs de consommation du Québec
, C.Q.L.R., c. M-35.1, r. 239
Description:
Investment and Cross-Border Trade in Services
1.
Joint plans for the production and marketing of agricultural products and producers marketing boards may be administered by professional syndicates. Only Canadian citizens may ask to form a professional syndicate and be members of its administrative council.
2.
Only Canadian citizens may have access to the reserve for new hatching egg producers, are eligible to certain programs and can benefit from eggs quotas transfers outside of the centralised system.
Reservation I-PT-140
Sector:
Agriculture, forestry and fisheries
Sub-Sector:
Fish products
Services incidental to fishing
Industry Classification:
CPC 04, 882
Type of Reservation:
Performance requirements
Level of Government:
Provincial — Québec
Measures:
Marine Products Processing Act
, C.Q.L.R., c. T-11.01
Description:
Investment
The Minister may, by regulation, prescribe the minimum processing standards with which an operator must comply for the preparation or canning of a marine product. The standards may vary according to the marine product.
Reservation I-PT-141
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Cultural goods and property
Industry Classification:
CPC 963
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Québec
Measures:
Cultural Heritage Act
, C.Q.L.R., c. P-9.002
Description:
Investment
1.
A heritage cultural property may include a heritage document, immovable, object or site. After obtaining the opinion of the 
Conseil du patrimoine culturel
, the Minister of Culture and Communications may classify all or part of any heritage property the knowledge, protection, enhancement or transmission of which is in the public interest.
2.
Authorisation from the Minister is required when a person, natural or legal, wishes to sell or give away a classified heritage document or object to a government or department or agency of a government, other than the 
Gouvernement du Québec
, a natural person who is not a Canadian citizen or permanent resident or to a legal person that does not have a principal place of business in Québec. Classified heritage property in the domain of the State may not be sold, conveyed by emphyteusis or given away without the Minister's authorisation. In other cases of alienation, prior written notice is required.
Reservation I-PT-142
Sector:
Community, social and personal services
Sub-Sector:
Funeral, cremation and undertaking services
Industry Classification:
CPC 9703
Type of Reservation:
National treatment
Level of Government:
Provincial — Québec
Measures:
An Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies
, C.Q.L.R., c. L-0.2
Regulation respecting the application of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies,
 C.Q.L.R., c. L-0.2, r. 1
An Act respecting prearranged funeral services and sepultures
, C.Q.L.R., c. A-23.001
Description:
Investment and Cross-Border Trade in Services
1.
A natural person seeking a permit to act as a funeral director, on his or her behalf or for a legal person, partnership or an association having its head office in Québec, must have resided in Québec for at least 12 months preceding the request.
2.
A person seeking a permit to practise embalming, cremation or thanatopraxy is not subject to the requirement to reside in Québec provided that he or she resides in Canada.
Reservation I-PT-143
Sector:
Transport
Sub-Sector:
Taxi services
Industry Classification:
CPC 71221
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Québec
Measures:
An Act respecting transportation services by taxi
, C.Q.L.R., c. S-6.01
Taxi Transportation Regulation
, C.Q.L.R., c. S-6.01, r. 3, 
Highway Safety Code
, C.Q.L.R., c. C-24.2
Regulation respecting road vehicle registration
, C.Q.L.R., c. C-24.2, r. 29
Description:
Investment and Cross-Border Trade in Services
1.
For a taxi owner's permit to be issued, assigned or transferred from the Commission des transports du Québec, a natural person must be a Canadian citizen or permanent resident. To be issued a taxi driver's permit by the 
Société de l'assurance automobile du Québec
, a natural person must be a Canadian citizen or permanent resident.
2.
There is a limit of 20 taxi owner's permits per person.
Reservation I-PT-144
Sector:
Transport
Sub-Sector:
Interurban special transportation
Transportation of other freight
Industry Classification:
CPC 71214, 71239
Type of Reservation:
National treatment
Level of Government:
Provincial — Québec
Measures:
Highway Safety Code
, C.Q.L.R., c. C-24.2
Regulation respecting road vehicle registration
, C.Q.L.R., c. C-24.2, r. 29
Description:
Cross-Border Trade in Services
Under the International Registration Plan (‘IRP’), carriers only pay registration fees once, to the base jurisdiction, which in turn ensures travel for duly licenced vehicles in other jurisdictions. This system of apportionable fees works on the basis of the distance travelled in each jurisdiction. An IRP registration certificate is recognised by Canadian provinces and United States of America's states. An apportioned registration will only be granted to a person having a place of business in Québec and where at least one of its vehicles accrues kilometres.
Reservation I-PT-145
Sector:
Transport
Sub-Sector:
Bus transport
Industry Classification:
CPC 71211, 71212, 71213, 71214, 71222
Type of Reservation:
Market access
Level of Government:
Provincial — Québec
Measures:
Transport Act
, C.Q.L.R., c. T-12
Bus Transportation Regulation
, C.Q.L.R., c. T-12, r. 16
Description:
Investment and Cross-Border Trade in Services
In issuing bus transportation permits, the Commission des Transports du Québec may apply criteria of public need in the territory to be served. It may also consider if the issuance of the permit requested by the applicant is not likely to entail the disappearance of any other bus transport service or appreciably affect the quality thereof.
Reservation I-PT-146
Sector:
Transport
Sub-Sector:
Road transportation
Industry Classification:
CPC 71231, 71232, 71233, 71234
Type of Reservation:
National treatment
Market access
Performance requirements
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Ministère des Transports
, C.Q.L.R., c. M-28
Transport Act
, C.Q.L.R., c. T-12
Regulation respecting the brokerage of bulk trucking services
, C.Q.L.R., c. T-12, r. 4
An Act respecting owners, operators and drivers of heavy vehicles
, C.Q.L.R., c. P-30.3
Description:
Investment and Cross-Border Trade in Services
1.
The Minister of Transport determines the conditions that a heavy-vehicle operator located outside of Québec but in the territory of a party to the Agreement on Internal Trade must meet to register in the bulk trucking register. The total number of registration allowed is limited. A heavy-vehicle operator located outside of Québec has to maintain its principal establishment outside of Québec and its registration cannot be transferred.
2.
Participation in the performance of a road construction, repair or maintenance work contract awarded by the Minister of Transport, is limited to small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit, for a minimum of 50 per cent of the transportation required that has to be offered to the brokerage permit holder. Bulk trucking enterprises that are not registered into the register will only have access to the remaining 50 per cent of the transportation needed if the brokerage permit holder accepts the offer to transport 50 per cent of the transportation required.
3.
To obtain a brokerage permit, a non-profit legal person or a cooperative shall demonstrate that it represents at least 35 per cent of the operators of heavy-vehicles that are registered in the bulk trucking register and that have its principal establishment in the zone for which the permit is applied for. An operator shall subscribe for brokerage services in the brokerage zone where he or she has his or her principal establishment or in the zone determined by regulation.
Reservation I-PT-147
Sector:
Transport
Sub-Sector:
Maritime transport
Industry Classification:
CPC 72211
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Société des Traversiers du Québec
, C.Q.L.R., c. S-14
Transport Act
, C.Q.L.R., c. T-12
Description:
Investment and Cross-Border Trade in Services
1.
The Commission des Transports du Québec shall issue or transfer a permit for the transport of passengers by water to a person who applies therefor on the form used by the Commission, if it considers that the person establishes the real and urgent necessity for an additional service for each of the ships to be used, if applicable, where he or she offers passengers a ferry service competing with another ferry service.
2.
No person may be a member of the board of directors unless he is domiciled in Québec.
Reservation I-PT-148
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Sporting and other recreational services
Industry Classification:
CPC 964
Type of Reservation:
National treatment
Level of Government:
Provincial — Québec
Measures:
An Act respecting safety in sports
, C.Q.L.R., c. S-3.1
Regulation respecting combat sports
, C.Q.L.R., c. S-3.1, r. 11
Regulation respecting combat sports licensing
, C.Q.L.R., c. S-3.1, r. 7
Description:
Cross-Border Trade in Services
With respect to professional combat sport, a person who is not domiciled in Canada cannot obtain a yearly referee's or judge's permit but may obtain a permit valid for a specific sports event.
Reservation I-PT-149
Sector:
Travel agency, tour operator and tourist guide services
Sub-Sector:
Travel agencies
Tour operation services
Industry Classification:
CPC 7471
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Québec
Measures:
Travel Agents Act
, C.Q.L.R., c. A-10
Regulation respecting travel agents
, C.Q.L.R., c. A-10, r. 1
Description:
Cross-Border Trade in Services
A natural person applying for a travel agent licence on his or her own account must establish and maintain a principal establishment in Québec. The association, partnership or person on whose behalf the licence is applied for must establish and maintain a principal establishment in Québec. A principal establishment is an establishment in which the operations of the licencee are principally performed.
Reservation I-PT-150
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Market access
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Québec
Measures:
Cooperatives Act
, C.Q.L.R., c. C-67.2
Regulation under the Cooperatives Act
, C.Q.L.R., c. C-67.2, r. 1
Description:
Investment
1.
The 
Cooperatives Act
 places constraints on the issue, transfer and ownership of shares. Membership of the cooperative is subject to the member actually using the services offered by the cooperative and to the cooperative's ability to provide him with them. The 
Cooperatives Act
 also stipulates that every member of the cooperative or representative of a legal person or partnership that is a member may be a director. The head office of a cooperative, a federation or a confederation must at all times be located in Québec.
2.
A cooperative, a federation or a confederation must carry on with its members a proportion of its total business according to a percentage determined by government regulation. In the case of a solidarity cooperative, this proportion is calculated separately for the members who are users of the cooperative and for those who are workers of the cooperative.
Reservation I-PT-151
Sector:
Agriculture, forestry and fisheries
Sub-Sector:
Forestry and logging products
Products of wood, cork, straw and plaiting materials
Pulp, paper and paper products
Industry Classification:
CPC 031, 31, 32
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Ministère des Ressources Naturelles et de la Faune
, C.Q.L.R., c. M-25.2
Sustainable Forest Development Act
, C.Q.L.R., c. A-18.1
Description:
Investment
1.
All timber harvested in the domain of the State, including biomass volumes, must be completely processed in Québec. However, the Government may, on the conditions it determines, authorise the shipment outside Québec of incompletely processed timber from the domain of the State if it appears to be contrary to the public interest to do otherwise.
2.
The Minister may take measures for the development of lands or forest resources in the domain of the State that are under his or her authority in order to encourage regional development or implement any other related policy.
Reservation I-PT-152
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Horse racing
Industry Classification:
CPC 02113, 96492
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Québec
Measures:
An Act respecting racing
, C.Q.L.R., c. C-72.1
Rules respecting the breeding of Québec Standardbred race horses
, C.Q.L.R., c. C-72.1, r. 6
Rules respecting Certification
, C.Q.L.R., c. C-72.1, r. 1
Rules respecting betting houses
, CQLR, c. C-72.1, r. 8
Rules respecting Standardbred horse racing
, C.Q.L.R., c. C-72.1, r. 3
Regulation respecting betting horses
, C.Q.L.R., c. C-72.1, r.7
Description:
Investment and Cross-Border Trade in Services
1.
Only a Canadian citizen may apply for a licence to operate a race track, a licence to hold races or a licence to operate a betting house.
2.
A person who applies for registration of a Standardbred stallion with the 
Régie des alcools, des courses et des jeux
 (‘RACJ’) must be a resident of Québec for at least 183 days.
3.
Only a Québec race horse, as defined in the 
Rules respecting the breeding of Québec Standardbred race horses
, can be entitled to a privilege or advantage.
Reservation I-PT-153
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Société des loteries du Québec
, C.Q.L.R., c. S-13.1
An Act respecting the Régie des alcools des courses et des jeux,
 C.Q.L.R. chapter R-6.1
An Act respecting lotteries, publicity contests and amusement machines
, C.Q.L.R., c. L-6
Lottery Scheme Rules
, C.Q.L.R., c. L-6, r. 12
Rules respecting amusement machines
, C.Q.L.R., c. L-6, r. 2
Rules respecting publicity contests
, C.Q.L.R., c. L-6, r. 6
Rules respecting video lottery machines
, C.Q.L.R., c. L-6, r. 3
Bingo Rules
, C.Q.L.R., c. L-6, r. 5
Description:
Investment and Cross-Border Trade in Services
1.
A person who applies for a licence to operate a lottery scheme must be a Canadian citizen or, in the case of a company or corporation, have an office in Québec.
2.
A person who wishes to obtain an amusement machine operator's licence or merchant licence must be a Canadian citizen and in the case of a corporation, must be headquartered or have its principal establishment in Canada and have an office in Québec.
3.
With regard to video lottery machines operated somewhere other than in a government casino, 
Régie des alcools, des courses et des jeux
 (‘RACJ’) may take Canadian citizenship or residence into account when making rules to determine the conditions for obtaining prescribed licences as well as operating standards, restrictions, or prohibitions. The RACJ may determine the conditions of player participation, or standards, restrictions, or prohibitions related to promotion, advertising, or educational programs pertaining to video lottery machines, which may only apply, in full or in part, to certain categories of individuals.
4.
With respect to bingo, projects for which a charitable or religious organization applies for an in-hall, media, or recreational bingo licence must be carried out entirely in Québec. Individuals or companies that apply for a bingo supplier's licence must have an establishment in Québec.
5.
No person may be a member of the board of directors unless he is domiciled in Québec.
Reservation I-PT-154
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services
Beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Société des alcools du Québec
, C.Q.L.R., c. S-13
Regulation respecting cider and other apple-based alcoholic beverages
, C.Q.L.R., c. S-13, r. 4
Regulation respecting wine and other alcoholic beverages made or bottled by holders of a wine maker's permit
, C.Q.L.R., c. S-13, r. 7
Regulation respecting alcoholic beverages made and bottled by holders of a distiller's permit
, C.Q.L.R., c. S-13, r. 3
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit
, C.Q.L.R., c. S-13, r. 6
An Act respecting offences relating to alcoholic beverages
, C.Q.L.R., c. I-8.1
An Act respecting liquor permits
, C.Q.L.R., c. P-9.1
Regulation respecting liquor permits
, C.Q.L.R., c. P-9.1, r. 5
Description:
Investment and Cross-Border Trade in Services
1.
The 
Société des alcools du Québec
 operates as a monopoly responsible for the importation, distribution, supply, transport, sale, trade and marketing of alcoholic beverages.
2.
No person may be a member of the board of directors unless he or she is domiciled in Québec.
Reservation I-PT-155
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services
Beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
National treatment
Performance requirements
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Société des alcools du Québec
, C.Q.L.R., c. S-13
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit
, C.Q.L.R., c. S-13, r. 6
An Act respecting offences relating to alcoholic beverages
, C.Q.L.R., c. I-8.1
Description:
Investment and Cross-Border Trade in Services
1.
Only those who own an establishment in Québec may obtain a beer distributor's, brewer's, distiller's, wine maker's, cider maker's, warehouse, small-scale production or small-scale beer producer's permit.
2.
Holders of a distiller's permit may only sell the products they produce or bottle to 
Société des alcools du Québec
 (‘SAQ’), unless they ship such products outside Québec.
3.
Holders of a small-scale production permit may sell the alcoholic beverages they produce on their production premises.
Reservation I-PT-156
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services
Beverages
Hotel and restaurant services
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 641, 642, 643
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Québec
Measures:
An Act respecting liquor permits,
 C.Q.L.R., c. P-9.1
Regulation respecting liquor permits
, C.Q.L.R., c. P-9.1, r. 5
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit
, C.Q.L.R., c. S-13, r. 6
Description:
Investment and Cross-Border Trade in Services
1.
To obtain a liquor permit under the 
Act respecting liquor permits
, persons who are not Canadian citizens must have been residing in Québec as a permanent resident of Canada, unless they apply for a reunion permit or ‘Man and His World’ permit as authorised representatives of a government, country, Province, or State.
2.
Companies or corporations not listed on a Canadian stock exchange may obtain a permit to sell alcohol only if all their partners or directors and shareholders who hold ten per cent or more of shares with full voting rights are Canadian citizens or have been residing in Québec as a permanent resident of Canada.
3.
For certain product categories, marketing is carried out by holders of a grocery licence issued by the 
Régie des alcools, des courses et des jeux
 (‘RACJ’). Grocers must buy authorised alcoholic beverages from an authorised distributor.
4.
Liquor permit applicants who are not Canadian citizens must prove that they have lived in Québec for at least one year. If an applicant is a company or corporation not listed on a Canadian stock exchange, it must prove, for each of its partners or directors and shareholders who own 10 per cent or more of shares with full voting rights and are not Canadian citizens that they have lived in Québec for at least one year.
5.
The person entrusted to manage the establishment for a holder of a permit authorising the sale or service of alcoholic beverages for consumption on a premise must have a Canadian social insurance number.
6.
With regard to reunion permits to sell alcohol, when the proceeds of an event are to be used for the purposes of a non-profit corporation other than the permit applicant, the non-profit corporation must have an establishment in Québec.
Reservation I-PT-157
Sector:
Energy
Sub-Sector:
Electricity
Services incidental to energy distribution
Industry Classification:
CPC 171, 887
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — Québec
Measures:
An Act Respecting the Régie de l'énergie
, C.Q.L.R., c. R-6.01
Hydro-Québec Act
, C.Q.L.R., c. H-5
Description:
Investment and Cross-Border Trade in Services
1.
Québec (including through the 
Régie de l'énergie
 and Hydro-Québec) may fix, determine and modify rates, tariffs, prices and other conditions relating to the production, purchase, transportation, transmission, supply, distribution, and sale of electric power.
2.
Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, the imposition of performance requirements or discrimination in favour of residents of Québec or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business or substantive business operations within Québec.
Reservation I-PT-158
Sector:
Energy
Sub-Sector:
Electricity
Services incidental to energy distribution
Industry Classification:
CPC 171, 887
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — Québec
Measures:
An Act respecting the exportation of electric power
, C.Q.L.R., c. E-23
An Act Respecting the Régie de l'énergie
, C.Q.L.R, c. R-6.01
Description:
Investment and Cross-Border Trade in Services
1.
Hydro-Québec, municipal electric power systems, and private electric power systems are holders of exclusive electric power distribution rights.
2.
The exportation of electric power from Québec is prohibited. The 
Gouvernement du Québec
 may nevertheless authorise, by order, on the conditions and in the cases it determines, a contract for the exportation of electric power from Québec.
3.
Contracts relating to the exportation of electric power by Hydro-Québec, including wheeling under a transportation service agreement, must be submitted to the Government for authorisation in the cases determined by the Government and are subject to such conditions as the Government may then determine.
Reservation I-PT-159
Sector:
Business services
Sub-Sector:
Real estate services involving own or leased property
Real estate services on a fee or contract basis
Industry Classification:
CPC 821, 822
Type of Reservation:
National treatment
Level of Government:
Provincial — Québec
Measures:
Real Estate Brokerage Act
, C.Q.L.R., c. C-73.2
Description:
Cross-Border Trade in Services
The 
Real Estate Brokerage Act
 imposes residency requirements to brokers and agencies. Therefore, a broker must have an establishment in Québec. In the case of a broker who acts on behalf of an agency, the broker's establishment is the agency's establishment. An agency must have an establishment in Québec.
Reservations applicable in Saskatchewan
Reservation I-PT-160
Sector:
Sale, maintenance and repair of motor vehicles and motorcycles
Sub-Sector:
Wholesale trade services
Retail sales of motor vehicles including automobiles and other road vehicles
Industry Classification:
CPC 61111, 61112
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Motor Dealers Act
, R.S.S. 1978, c. M-22
The Motor Dealers Regulations
, R.R.S. c. M-22 Reg. 1
Description:
Cross-Border Trade in Services
No licence as a motor vehicle dealer shall be granted unless the applicant for the licence maintains in the Province a place of business satisfactory to the registrar and from which he or she conducts his or her business, or a portion of his or her business, as a dealer.
Reservation I-PT-161
Sector:
Business services
Sub-Sector:
Services incidental to fishing
Industry Classification:
CPC 882
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Fisheries Act (Saskatchewan), 1994
, c. F-16.1
The Fisheries Regulations
, c. F-16.1 Reg. 1
Commercial Fishing Licensee Eligibility Requirements, Policy Number 3420.02
Commercial Fishing Co-operatives, Policy Number F & W 2003.2
Commercial Net Fishing Licence Eligibility Requirements Guidelines
Description:
Investment and Cross-Border Trade in Services
Only a Saskatchewan resident is eligible to obtain a commercial fishing licence. Licences may be restricted to residents of the region of a local fishery.
Reservation I-PT-162
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Legal Profession Act, 1990
, S.S. 1990-91, c. L-10.1
Rules of the Law Society of Saskatchewan
Description:
Investment and Cross-Border Trade in Services
1.
Only Canadian citizens or permanent residents of Canada are eligible for membership in the Law Society of Saskatchewan as a student of law or lawyer. Only members of the Law Society of Saskatchewan holding a subsisting certificate of practice can practice law in Saskatchewan.
2.
A person who has engaged in the active practice of law in another jurisdiction of Canada may, upon meeting certain conditions, be admitted as a member without having met the normal requirements. Occasional appearance memberships are available only to persons who are Canadian citizens or permanent residents of Canada and who are qualified to practice law in another jurisdiction of Canada.
Reservation I-PT-163
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Notaries Public Act
, R.S.S. 1978, c. N-8
The Commissioners for Oaths Act
, R.S.S. 1978, c. C-16
Description:
Investment and Cross-Border Trade in Services
1.
Only Canadian citizens residing within Saskatchewan can be appointed a notary public for Saskatchewan.
2.
Only Canadian citizens can be appointed as a commissioner for oaths in and for Saskatchewan.
Reservation I-PT-164
Sector:
Tourism
Sub-Sector:
Other — services incidental to hunting
Services incidental to fishing
Tourist guide agencies
Own-account hunting
Industry Classification:
CPC 7472, 8813, 8820, 96419
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Wildlife Act, 1998
, S.S. c. W-13.12
The Wildlife Regulations
, c. W13.1 Reg. 1
The Outfitter and Guide Regulations, 2004
, c. N-3.1 Reg. 3
Description:
Investment and Cross-Border Trade in Services
A person who wishes to hold an outfitter's licence must be a Saskatchewan resident and have a head office in Saskatchewan.
Reservation I-PT-165
Sector:
Business services
Sub-Sector:
Real estate services involving own or leased property
Real estate services on a fee or contract basis
Industry Classification:
CPC 8210, 822
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Real Estate Act
, S.S. 1995, c. R-1.3
The Real Estate Commission policies and bylaws
Description:
Cross-Border Trade in Services
A brokerage and person named in a certificate of registration as a brokerage must have an office in Saskatchewan and is required to maintain trust accounts in a financial institution in Saskatchewan for the deposit of all money received in connection with trades in real estate.
Reservation I-PT-166
Sector:
Business services
Sub-Sector:
Services incidental to hunting
Tourist guide agencies
Own-account hunting
Industry Classification:
CPC 7472, 8813, 96419
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Wildlife Act, 1998
, S.S. c. W-13.12
The Wildlife Regulations
, c. W13.1 Reg. 1
Description:
Investment and Cross-Border Trade in Services
1.
A fur licence holder must be a Saskatchewan resident.
2.
A Saskatchewan resident is a Canadian resident who has a principal residence in Saskatchewan and has resided in the Province for the three months preceding the date of the application for a licence.
Reservation I-PT-167
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Alcohol and Gaming Regulation Act
, S.S. 1997, c. A-18.011
Saskatchewan Liquor and Gaming Authority Policy
The Slot Machine Act
, R.S.S. 1978, c. S-50
The Saskatchewan Gaming Corporation Act
, S.S. 1994, c. S-18.2
The Interprovincial Lotteries Act, 1984
, S.S. 1983-84, c. I-12.01
Description:
Investment
Only gaming equipment, including video lottery terminals and slot machines, owned or leased by the Government of Saskatchewan may be operated in Saskatchewan.
Reservation I-PT-168
Sector:
Transport
Sub-Sector:
Passenger Transportation
Interurban scheduled bus passenger transportation
Non-scheduled motor buses, chartered buses and tour and sightseeing buses
Industry Classification:
CPC 71213, 71222, 71223
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
The Traffic Safety Act
, S.S. 2004, c. T-18.1
The Operating Authority Regulations, 1990
, c. M-21.2 Reg. 1
Policies of the Highway Safety Board
Description:
Investment and Cross-Border Trade in Services
1.
An Operating Authority Certificate is required by persons operating commercial or business use vehicles for the purpose of transporting passengers for hire within or outside of the Province.
2.
When considering an application for an operating authority certificate or an amendment to an Operating Authority Certificate, the Highway Safety Board may consider if public business will be promoted by the proposed undertaking.
3.
Public business may be measured through a public convenience and needs test which includes:
(a)
examination of the adequacy of current levels of service;
(b)
market conditions establishing the requirement for expanded service;
(c)
the effect of new entrants on public convenience, including the continuity and quality of service; and
(d)
fitness, willingness and ability of the applicant to provide proper service.
Reservation I-PT-169
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Saskatchewan
Measures:
The Business Corporations Act
, R.S.S. 1978, c. B-10
Private Acts of the Legislature of Saskatchewan establishing corporate bodies
Description:
Investment
1.
At least 25 per cent of the directors of a corporation must be resident Canadians (such as a Canadian citizen or permanent resident), but if a corporation has fewer than four directors, at least one director must be a resident Canadian.
2.
If none of the directors of a corporation resides in Saskatchewan, the corporation shall appoint an attorney pursuant to comply with the Act as if the corporation were an extra-provincial corporation.
3.
Directors of a corporation may appoint from their number a managing director who is a resident Canadian or a committee of directors and delegate to such managing director or committee any of the powers of the directors.
4.
If the directors of a corporation appoint a committee of directors, at least 25 per cent of the members of the committee must be resident Canadians.
5.
Constraints may be placed on the transfer and ownership of shares in corporations. The object is to permit corporations to meet Canadian ownership requirements, under certain federal and provincial laws, in sectors where ownership is required as a condition to operate or to receive licences, permits, grants, payments, or other benefits. In order to maintain certain Canadian ownership levels, a corporation is permitted to sell shareholders' shares without the consent of those shareholders, and to purchase its own shares on the open market.
Reservation I-PT-170
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Saskatchewan
Measures:
The Co-operatives Act, 1996
, S.S. 1998, c. C-37.3
Private Acts of the Legislature of Saskatchewan establishing corporate bodies
Practice and Policy of the Registrar of Co-operatives
Description:
Investment
1.
A co-operative must have a registered office in Saskatchewan.
2.
Membership may be limited to Canadians resident in Saskatchewan.
3.
There must be at least five Directors and the majority of Directors must be Canadian residents. Directors are appointed from amongst the membership of the co-operative.
4.
The registrar may restrict the businesses in which a co-operative may engage in the Province.
Reservation I-PT-171
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Saskatchewan
Measures:
The Non-profit Corporations Act
, S.S. 1995, c. N-4.2
Private Acts of the Legislature of Saskatchewan establishing corporate bodies
Description:
Investment
1.
At least one director of a corporation must reside in Saskatchewan.
2.
At least 25 per cent of the directors of a corporation must be resident Canadians (such as a Canadian citizen), but if a corporation has fewer than four directors, at least one director must be a resident Canadian.
3.
Directors of a charitable corporation shall not transact business at a meeting of directors unless a majority of directors present are resident Canadians.
4.
Directors of a corporation may appoint from their number a managing director who is a resident Canadian or a committee of directors and delegate to the managing director or committee any of the powers of the directors. If the directors of a corporation appoint a committee of directors, a majority of the members of the committee must be resident Canadians.
Reservation I-PT-172
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Provincial — Saskatchewan
Measures:
The Labour-sponsored Venture Capital Corporations Act
, S.S. 1986, c. L-0.2
The Labour-sponsored Venture Capital Corporations Regulations
, R.R.S. c. L-0.2 Reg 1
Description:
Investment
1.
A labour-sponsored venture capital corporation is required to invest the proceeds from the issuance of shares primarily in the equity shares of eligible businesses. To be eligible, a business must employ no more than 500 employees in Saskatchewan and pay at least 25 per cent of its salaries and wages to Saskatchewan residents.
2.
Tax credits are limited to persons liable to pay Saskatchewan provincial and federal income tax.
Reservation I-PT-173
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Saskatchewan
Measures:
The Community Bonds Act
, S.S. 1990-91, c. C-16.1
Description:
Investment
All directors of the proposed community bond corporation are to be residents of Saskatchewan.
Reservation I-PT-174
Sector:
Agriculture
Sub-Sector:
Agricultural land
Products of agriculture
Live animals and animal products
Industry Classification:
CPC 01, 02, 531
Type of Reservation:
Market access
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Saskatchewan Farm Security Act
, S.S. 1988-89, c. S-17.1
Crown Land Lease Policy (93-10-01)
Community Pasture Policy (93-12-01)
Description:
Investment
1.
Only Canadian residents and incorporated agricultural corporations are unlimited in the farmland holdings that they can own, control directly or indirectly or otherwise deal with.
2.
A ‘resident person’ means an individual who:
(a)
resides in Canada for at least 183 days in any year; or
(b)
is a Canadian citizen.
3.
Non-Canadian residents and non-agricultural corporations may not have or acquire an aggregate land holding exceeding ten acres and are restricted in the conditions under which they may own, control directly or indirectly or otherwise deal with farmland holdings in Saskatchewan.
4.
Non-residents may not acquire an interest in land by participating in limited partnerships.
5.
Livestock producers must be Canadian citizens or landed immigrants and actively operate or manage a farm and control a land base in Saskatchewan in order to lease pasture land.
Reservation I-PT-175
Sector:
Agriculture
Sub-Sector:
Agriculture, mining and manufacturing
Services incidental to agriculture
Production and distribution services
Industry Classification:
CPC 0291, 0292, 02122, 22, 8811 (other than rental of agricultural equipment with operator)
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
The Agri-Food Act
, S.S. 2004, c. A-15.21
The Broiler Hatching Egg Marketing Plan Regulations, 1985
, c. N-3, Reg. 1
The Commercial Egg Marketing Plan Regulations, 2006
, c. A-15.21, Reg. 2
The Milk Marketing Plan Regulations, 2010
, c. A-15.21, Reg. 12
The Saskatchewan Chicken Marketing Plan, 1978
, S.R. 387/78
The Saskatchewan Turkey Producers' Marketing Plan, 1975
, S.R. 275/75
Description:
Investment and Cross-Border Trade in Services
Producers are required to hold a licence in order to produce or market: broiler hatching eggs; chickens, commercial eggs, milk; and turkeys. Only licenced producers can own and produce the commodities associated with each type of quota. Products produced under that quota must be produced in Saskatchewan.
Reservations applicable in Yukon
Reservation I-PT-176
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Performance requirements
Level of Government:
Territorial — Yukon
Measures:
Income Tax Act
, R.S.Y. 2002, c. 118
Description:
Investment
1.
Under the 
Yukon Income Tax Act
, a Yukon Small Business Investment Tax Credit of 25 per cent of the purchased share amount is offered to Yukon residents who invest in eligible business corporations. Yukon allocates CAD $1 million annually, to distribute on a first come, first served basis.
2.
Eligible small business corporations must meet certain criteria including maintaining a permanent establishment in Yukon, having at least 50 per cent of assets in Yukon, and paying at least 50 per cent of salaries in Yukon.
Reservation I-PT-177
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Territorial — Yukon
Measures:
Legal Profession Act
, R.S.Y. 2002, c. 134
Description:
Investment and Cross-Border Trade in Services
The following persons are qualified to apply for admission to the Law Society of Yukon and enrolment as members for the provision of domestic law:
(a)
a person who has been duly called to the bar of a province or has been admitted to practice as an attorney, advocate, barrister or solicitor in a province; or
(b)
a person who has completed 12 months of service in Yukon under articles as a student-at-law approved by the executive.
Reservation I-PT-178
Sector:
Business services
Sub-Sector:
Notary public
Industry Classification:
CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
Territorial — Yukon
Measures:
Notaries Act
, R.S.Y. 2002, c. 158
Description:
Investment and Cross-Border Trade in Services
Every person who seeks enrolment as a notary public must be a citizen of Canada or a person who has the status of a permanent resident of Canada.
Reservation I-PT-179
Sector:
Business services
Sub-Sector:
Real estate services involving own or leased property
Real estate services on a fee or contract basis
Industry Classification:
CPC 821, 822
Type of Reservation:
National treatment
Level of Government:
Territorial — Yukon
Measures:
Real Estate Agents Act
, R.S.Y. 2002, c. 188
Regulation
, O.I.C., 1977/158, 1981/14, and 1990/136
Description:
Cross-Border Trade in Services
Real estate agent applicants must:
(a)
be a resident of Yukon for a period of not less than three months immediately prior to the application date; and
(b)
be licenced as a salesman in Yukon for at least one year prior to submitting an application.
Reservation I-PT-180
Sector:
Travel agency, tour operator and tourist guide services
Sub-Sector:
Tourist guide services
Industry Classification:
CPC 7472
Type of Reservation:
Market access
National treatment
Level of Government:
Territorial — Yukon
Measures:
Wilderness Tourism Licensing Act
, R.S.Y. 2002, c. 228
General Regulation,
 O.I.C. 1999/69
Description:
Investment and Cross-Border Trade in Services
1.
There are a limited number of licences allocated for the Glacier Bay National Park and Preserve area. Licences allocated to Yukon are distributed with preference given to Yukon residents.
2.
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to wilderness tourism. This may involve, among other things, the making of measures:
(a)
to limit ownership on the basis of nationality or residence;
(b)
to limit market access; and
(c)
to favour Canadian persons and Canadian service providers.
Reservation I-PT-181
Sector:
Tourism
Sub-Sector:
Services incidental to hunting, trapping, outfitting and tourist guides
Industry Classification:
CPC 8813, 7472, 96419
Type of Reservation:
Market access
National treatment
Level of Government:
Territorial — Yukon
Measures:
Wildlife Act
, R.S.Y. 2002, c. 229
Wildlife Regulations
, O.I.C. 2012/84
Trapping Regulation
, O.I.C. 1982/283
Parks and Land Certainty Act
, R.S.Y. 2002, c. 165
Hershel Island Park Regulation
, O.I.C. 1990/038
Description:
Investment and Cross-Border Trade in Services
1.
Applicants for outfitting concessions, trapping concessions and wilderness tourism licences must be a Canadian citizen or a permanent resident who ordinarily resides in Canada. Outfitters must be in Yukon during the period when persons are hunting in his or her concession.
2.
An outfitting certificate is a yearly authorisation which gives permission to the holder to carry on the business of outfitting in a specific outfitting concession. An outfitting certificate is issued to a person who is a holder of the concession, or if requested, to an eligible corporation named by the outfitter. The corporation can then offer to provide guiding services to hunters. Assistant trapper's licences and trapping concessions are issued to Yukon residents only.
3.
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to tourism, including services incidental to hunting, trapping, outfitting and tourist guides. This may involve, among other things, the making of measures:
(a)
to limit ownership on the basis of nationality or residence;
(b)
to limit market access; and
(c)
to favour Canadian persons and Canadian service providers.
Reservation I-PT-182
Sector:
Services incidental to agriculture, hunting and forestry
Sub-Sector:
Hides, skins and fur skins, raw
Services incidental to animal husbandry
Services incidental to hunting
Industry Classification:
CPC 0297, 8812, 8813
Type of Reservation:
Market access
National treatment
Level of Government:
Territorial — Yukon
Measures:
Wildlife Act
, R.S.Y. 2002, c. 229
Wildlife Regulations
, O.I.C. 2012/84
Trapping Regulations
, O.I.C. 1982/283
Game Farm Regulations
, O.I.C. 1995/15
Yukon Environmental and Socio-Economic Assessment Act
, S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
1.
A licence is required for a person to operate a fur farm in Yukon. Only Yukon residents are eligible for a licence. Residency is established by residing in Yukon for one year according to the 
Wildlife Act
.
2.
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to farming, including raw hides, skins, and fur skins, services incidental to animal husbandry and services incidental to hunting. This may involve, among other things, the making of measures:
(a)
to limit ownership on the basis of nationality or residence;
(b)
to limit market access; and
(c)
to favour Canadian persons and Canadian service providers.
Reservation I-PT-183
Sector:
Land
Sub-Sector:
Agricultural land, forest and other wooded land
Industry Classification:
CPC 531, 8811 (other than rental of equipment with operator), 8812
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Lands Titles Act
, R.S.Y. 2002, c. 130
Lands Act,
 R.S.Y. 2002, c. 132
Lands Regulation,
 O.I.C. 1983/192
Lands Act
 — 
Regulation to Amend the Lands Regulation,
 O.I.C. 2012/159
Yukon Agriculture Policy
Yukon Environmental and Socio-Economic Assessment Act,
 S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
1.
Corporate applicants for agricultural land use must be incorporated in Canada or Yukon and the majority of shareholders must be Canadian citizens or landed immigrants who have resided continuously in Yukon for one year.
2.
To be eligible to apply for agricultural land use, a society must be registered in Yukon whose officers are Canadian citizens or landed immigrants and must have resided continuously in Yukon for one year.
3.
A majority of members of an agricultural association or cooperative applicants must be Yukon residents.
4.
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including agricultural land, forest and other wooded land. This may involve, among other things, the making of measures:
(a)
to limit ownership on the basis of nationality or residence;
(b)
to impose performance requirements;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and boards of directors.
Reservation I-PT-184
Sector:
Land
Sub-Sector:
Agricultural land, forest and other wooded land
Industry Classification:
CPC 8811 (other than rental of agricultural equipment with operator), 8812, 531
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Land Titles Act,
 R.S.Y. 2002, c. 130
Lands Act,
 R.S.Y. 2002, c. 132
Lands Regulation,
 O.I.C. 1983/192
Lands Act
 — 
Regulation to Amend the Lands Regulation,
 O.I.C. 2012/159
Grazing Regulations,
 O.I.C. 1988/171
Yukon Grazing Policy
Yukon Environmental and Socio-Economic Assessment Act,
 S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
1.
In order to apply for a grazing agreement:
(a)
individual applicants must be a Canadian citizen or have permanent resident status; and have resided in Yukon for one year prior to applying;
(b)
corporate applicants must have a majority of shares held by Yukon residents; or
(c)
the majority of members of agricultural association or cooperative applicants must be Yukon residents.
2.
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including services incidental to agriculture, services incidental to animal husbandry, agricultural land, forest and other wooded land and Crown land leases and permits. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-185
Sector:
Agriculture, forestry and fisheries products
Sub-Sector:
Production, transformation and transport of agricultural products
Food and marine products
Services incidental to fishing
Services incidental to agriculture, forestry and hunting
Industry Classification:
CPC 01, 02, 04, 531, 881 (other than rental of agricultural equipment with operator and 8814), 882
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Agricultural Products Act,
 R.S.Y. 2002, c. 3
Meat Inspection and Abattoir Regulations,
 O.I.C. 1988/104
Yukon Agricultural Policy
Yukon Environmental and Socio-Economic Assessment Act,
 S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including production, marketing, transformation and transport of agricultural products food and marine products, and services incidental to fishing. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors
Reservation I-PT-186
Sector:
Agriculture, forestry and fisheries products
Sub-Sector:
Agricultural, forest and other wooded land
Forestry and logging products
Industry Classification:
CPC 03, 531
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Forest Resources Act
, S.Y. 2008, c. 15
Forest Resources Regulation,
 O.I.C. 2010/171
Yukon Environmental and Socio-Economic Assessment Act,
 S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to forestry, including agricultural, forest and other wooded land, and forestry and logging products. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-187
Sector:
Energy
Sub-Sector:
Electrical energy
Services incidental to energy distribution
Industry Classification:
CPC 171, 713, 887
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Waters Act
, S.Y. 2003, c. 19
Waters Regulation
, O.I.C. 2003/58
Environment Act
, R.S.Y. 2002, c. 76
Quartz Mining Act
, S.Y. 2003, c. 14
Quartz Mining Land Use Regulation,
 O.I.C. 2003/64
Security Regulation
, O.I.C. 2007/77
Yukon Environmental and Socio-Economic Assessment Act
, S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to set or modify electricity rates.
2.
Yukon may make available to Yukon Development Corporation (or any subsidiary or successor corporation) for operational purposes any facility or any water power that is owned by Yukon or under its control.
3.
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including electrical energy and services incidental to energy distribution. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-188
Sector:
Energy
Sub-Sector:
Production, transmission, and distribution of electricity
Gas, steam and hot water
Services incidental to energy distribution
Industry Classification:
CPC 171, 713, 887
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Corporate Governance Act
, R.S.Y. 2002, c. 45
Public Utilities Act
, R.S.Y. 2002, c. 186
Yukon Power Corporation Regulations
, O.I.C. 1987/71
Yukon Development Corporation Act
, R.S.Y. 2002, c. 236
Energy Conservation Fund,
 O.I.C. 1997/91
Energy Conservation Fund Use Regulation
, O.I.C. 1998/204
Yukon Environmental and Socio-Economic Assessment Act
, S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including production, transmission, distribution of electricity, gas, steam and hot water and services incidental to energy distribution. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-189
Sector:
Transport
Sub-Sector:
Transport services via pipeline
Transportation of fuels
Transportation of other goods
Services incidental to energy distribution
Industry Classification:
CPC 17, 713, 887
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Public Utilities Act
, R.S.Y. 2002, c. 186
Yukon Power Corporation Regulations
, O.I.C. 1987/71
Oil and Gas Act
, R.S.Y. 2002, c. 162
Oil and Gas Pipeline Regulations
Oil and Gas Disposition Regulations
, O.I.C. 1999/147
Oil and Gas Licence Administration Regulations
, O.I.C. 2004/157
Oil and Gas Drilling and Production Regulations
, O.I.C. 2004/158
Oil and Gas Geoscience and Exploration Regulations
, O.I.C. 2004/156
Oil and Gas Royalty Regulations
, O.I.C. 2008/25
Yukon Environmental and Socio-Economic Assessment Act,
 S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
1.
The Commissioner in Executive Council may designate any ‘energy project’ (defined to include any oil or gas pipeline) as a ‘regulated project’, and allows the Minister to impose terms and conditions in respect of the project. The Commissioner in Executive Council may give directions to Yukon Utilities Board in respect of, among other things, utility rates and the operations of public utilities.
2.
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to transportation including transportation via pipeline, transportation of fuels, and transportation of other goods and services incidental to energy distribution. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-190
Sector:
Energy
Sub-Sector:
Oil and gas
Services incidental to energy distribution
Crude petroleum and natural gas
Transport services via pipeline
Industry Classification:
CPC 120, 713, 887
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Canada-Yukon Oil and Gas Accord
Oil and Gas Act,
 R.S.Y. 2002, c. 162
Oil and Gas Pipeline Regulation
Oil and Gas Disposition Regulations
, O.I.C. 1999/147
Oil and Gas Licence Administration Regulations
, O.I.C. 2004/157
Oil and Gas Drilling and Production Regulations
, O.I.C. 2004/158
Oil and Gas Geoscience and Exploration Regulations
, O.I.C. 2004/156
Oil and Gas Royalty Regulations
, O.I.C. 2008/25
Yukon Environmental and Socio-Economic Assessment Act,
 S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including oil and gas, services incidental to energy distribution, crude petroleum and natural gas, and transport services via pipeline. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-191
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture and transport of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 7123 (other than 71231, 71232, 71233, 71234), 8841
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Liquor Act,
 R.S.Y. 2002, c. 140
Liquor Regulations
, O.I.C. 1977/37
Regulations to Amend the Liquor Regulations
, O.I.C. 2010/157, O.I.C. 2012/96
Yukon Act,
 S.C. 2002, c. 7
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to alcoholic beverages, including wholesale trade services, food retailing services, liquor, wine and beer stores, liquor, wine and beer, commission agent's services, production, manufacture and transportation of alcoholic beverages and retailing services. This may involve, among other things, the making of measures:
(a)
to limit ownership on the basis of nationality or residence;
(b)
to favour Canadian persons and Canadian service providers; and
(c)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-192
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Public Lotteries Act,
 R.S.Y. 2002, c. 179
Lottery Licensing Act
, R.S.Y. 2002, c. 143
Lotteries and Games of Chance Regulations and the Diamond Tooth Gerties Regulations
, O.I.C. 1987/180
Lottery Licensing Act
 — 
Regulation to Amend the Lottery and Games of Chance Regulations
, O.I.C. 2012/102
Slot Machine Management Regulations
, O.I.C. 2205/32
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to gambling and betting, including regulating services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lottery schemes, amusement machines, video lottery terminals, games of chance, races, betting theatres, bingo, casinos and promotional contests, and to conduct such activities, including through territorial monopolies. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-193
Sector:
Business services
Sub-Sector:
Veterinary services for pet animals
Other veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Level of Government:
Territorial — Yukon
Measures:
Animal Protection Act,
 R.S.Y. 2002, c. 6
Animal Health Act,
 R.S.Y. 2002, c. 5
Occupational Training Act,
 R.S.Y. 2002, c. 160
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to veterinary services for pet animals and other veterinary services. This may involve, among other things, the making of measures:
(a)
to limit ownership on the basis of nationality or residence; and
(b)
to favour Canadian persons and Canadian service providers.
Reservation I-PT-194
Sector:
Research and development services
Sub-Sector:
Research and experimental development services on natural sciences and engineering
Research and experimental development services on social sciences and humanities
Interdisciplinary research and experimental development services
Industry Classification:
CPC 851, 852 (linguistics and languages only), 853
Type of Reservation:
National treatment
Performance requirements
Senior management and boards of directors
Level of Government:
Territorial — Yukon
Measures:
Scientists and Explorers Act,
 R.S.Y. 2002, c. 200
Historic Resources Act,
 R.S.Y. 2002, c. 109
Archaeological Sites Regulation
, O.I.C. 2003/73
Wildlife Act
, R.S.Y. 2002, c. 229
Wildlife Regulations
, O.I.C. 2012/84
Languages Act,
 R.S.Y. 2002, c. 133
Yukon Environmental and Socio-Economic Assessment Act,
 S.C. 2003, c. 7
Description:
Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to research and development services on natural sciences and engineering, social sciences and humanities, interdisciplinary research and experimental developmental services. This may involve, among other things, the making of measures:
(a)
to impose performance requirements;
(b)
to limit ownership on the basis of nationality or residence;
(c)
to favour Canadian persons and Canadian service providers; and
(d)
regarding the nationality or residence of senior management and board of directors.
EU Party
Reservations applicable in the European Union
(applicable in all Member States of the EU unless otherwise indicated)
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
EU level — National
Measures:
Treaty on the Functioning of the European Union
Description:
Investment
All companies or firms formed in accordance with the law of a Member State of the EU and having their registered office, central administration or principal place of business within the EU, including those established in the Member States of the EU by Canadian investors, are entitled to receive the treatment accorded by Article 54 of the Treaty on the Functioning of the European Union. Such treatment is not accorded to branches or agencies of companies or firms established outside the EU.
Treatment granted to companies or firms formed by Canadian investors in accordance with the law of a Member State of the EU, and having their registered office, central administration or principal place of business within the EU, is without prejudice to any conditions or obligations, consistent with Chapter Eight (Investment), which may have been imposed on such companies or firms when they established in the EU and which shall continue to apply.
Sector:
Research and development services
Sub-Sector:
Research and experimental development services on natural sciences and engineering, interdisciplinary research and experimental development services
Industry Classification:
CPC 851, CPC 853
Type of Reservation:
National treatment
Market access
Level of Government:
EU level — National — Regional
Measures:
All currently existing and all future EU research or innovation framework programmes, including all the FP7 Rules for Participation and regulations pertaining to Joint Technology Initiatives (JTIs),art. 185 Decisions, the Competitiveness and Innovation Programme (CIP) and the European Institute for Innovation and Technology (EIT), as well as existing and future national, regional or local research programmes.
Description:
Investment and Cross-Border Trade in Services
For publicly funded research and development (R&D) services benefitting from funding provided by the EU at EU level, exclusive rights or authorisations may only be granted to nationals of the Member States of the EU and to juridical persons of the EU having their registered office, central administration or principal place of business in the EU.
For publicly funded R&D services benefitting from funding provided by a Member State exclusive rights or authorisations may only be granted to nationals of the Member State of the EU concerned and to juridical persons of the Member State concerned having their headquarters in that Member State.
This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Articles 8.15(5)(a) and (b), and 9.2(2)(f) and (g) respectively.
Sector:
Health, social and education services
Sub-Sector:
Industry Classification:
CPC 92, CPC 93
Type of Reservation:
National treatment
Senior management and boards of directors
Market access
Level of Government:
EU level — National — Regional
Measures:
As set out in the 
Description
 element
Description:
Investment
Any Member State of the EU, 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, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests and assets to control any resulting enterprise, by investors of Canada or of a third country or their investments. With respect to such a sale or other disposition, any Member State of the EU may adopt or maintain any measure relating to the nationality of senior management or members of the boards of directors, as well as any measure limiting the number of suppliers.
For 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 or imposes limitations on the numbers of suppliers 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 of the EU 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.
Sector:
Agriculture
Sub-Sector:
Industry Classification:
Type of Reservation:
Performance requirements
Level of Government:
EU level
Measures:
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
Description:
Investment
The intervention agencies designated by the Member States of the EU shall buy cereals which have been harvested in the EU.
No export refund shall be granted on rice imported from and re-exported to Canada or any third country. Only EU rice producers may claim compensatory payments.
Sector:
Business services
Sub-Sector:
Accounting and auditing services
Industry Classification:
CPC 8621
Type of Reservation:
National treatment
Level of Government:
EU level — National — Regional
Measures:
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
Description:
Cross-Border Trade in Services
The competent authorities of a Member State of the EU may recognise the equivalence of the qualifications of an auditor who is a national of Canada or of any third country in order to approve them to act as a statutory auditor in the EU subject to reciprocity.
Sector:
Communications services
Sub-Sector:
Postal services
Industry Classification:
Part of CPC 71235, part of CPC 73210, part of 751,
Type of Reservation:
Market access
Level of Government:
EU level — National — Regional
Measures:
Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, as amended by Directive 2002/39/EC and Directive 2008/06/EC
Description:
Investment and Cross-Border Trade in Services
In 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.
Sector:
Transport
Sub-Sector:
Supporting services for air transport
Industry Classification:
Rental of aircraft
Type of Reservation:
CPC 7461, CPC 7469, CPC 83104
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
EU level — National — Regional
Measures:
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community
Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports
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
Description:
Investment and Cross-Border Trade in Services
Aircraft used by EU air carriers must be registered in the Member State of the EU licensing the carrier or, if the licensing Member State of the EU so allows, elsewhere in the EU. 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.
By exception, aircraft registered in Canada may be leased by a Canadian air carrier to an air carrier of the EU under certain circumstances — for the air carrier of the EU's exceptional needs, seasonal capacity needs, or needs to overcome operational difficulties, which cannot reasonably be satisfied through leasing aircraft registered within the EU, and subject to obtaining the approval for a limited duration from the Member State of the EU licensing the air carrier of 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. For greater certainty, this does not affect the EU's rights and obligations under the Agreement on Air Transport between Canada and the European Community and its Member States.
For airport operations, establishment within the EU is required. Airport operation services may be subject to individual concession or licence from public authorities. Special approval from the competent authority may be needed for the holder of the licence or the concession to transfer the operation licence or concession in total or in part to a third party.
With respect to computer reservation system (CRS) services, where EU air carriers are not accorded, by CRS services suppliers operating outside the EU, equivalent (meaning 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.
Sector:
Transport
Sub-Sector:
Internal waterways transport
Supporting services for internal waterways transport
Industry Classification:
CPC 722, part of CPC 745
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
EU level
Measures:
Council Regulation (EEC) No 3921/91 of 16 December 1991 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State
Council Regulation (EC) No 1356/96 of 8 July 1996 on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such transport services
Council Regulation (EEC) No 2919/85 of 17 October 1985 laying down the conditions for access to the arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine Navigation
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Goods or passenger transport operations by inland waterway may only be provided by an operator that fulfils the following conditions:
(a)
is established in a Member State of the EU,
(b)
is entitled there to carry out the (international) transport of goods or passengers by inland waterway, and
(c)
uses vessels registered in a Member State of the EU or in possession of a certificate of membership of a fleet of a Member State of the EU.
In addition, the vessels must be owned by natural persons domiciled in a Member State of the EU and who are nationals of a Member State of the EU, or owned by legal persons registered in a Member State of the EU and the majority of whom are nationals of a Member State of the EU. Derogations from the majority ownership requirement may exceptionally be provided.
In Spain, Sweden and Finland there is no legal distinction between maritime and internal waterways. The regulation of maritime transport applies equally to internal waterways.
Sector:
Transport
Sub-Sector:
Rail transport
Industry Classification:
CPC 711
Type of Reservation:
Market access
Level of Government:
EU level — National — Regional
Measures:
Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings
Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive)
Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania
Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community's railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure
Description:
Cross-Border Trade in Services
The provision of rail transport services requires a licence, which can only be granted to railway undertakings established in a Member State of the EU.
Sector:
Transport
Sub-Sector:
Other transport services (provision of combined transport services)
Industry Classification:
CPC 711, CPC 712, CPC 7212, CPC 7222, CPC 741, CPC 742, CPC 743, CPC 744, CPC 745, CPC 748, CPC 749
Type of Reservation:
Market access
Level of Government:
EU level — National — Regional
Measures:
Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States
Description:
Investment and Cross-Border Trade in Services
With the exception of Finland, only hauliers established in a Member State of the EU who meet the conditions of access to the occupation and access to the market for transport of goods between Member States of the EU may, in the context of a combined transport operation between Member States of the EU, 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 modes 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.
Sector:
Supporting services for all modes of transport
Sub-Sector:
Customs clearance services
Industry Classification:
part of CPC 748
Type of Reservation:
National treatment
Market access
Level of Government:
EU level — National — Regional
Measures:
Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and subsequent amendments
Description:
Cross-Border Trade in Services
Customs clearance services may only be provided by EU residents.
Reservations applicable in Austria
Sector:
All sectors
Sub-Sector:
Acquisition, purchase, rental or leasing of real estate
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
Regional (Sub-national)
Measures:
Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007
Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004
NÖ- Grundverkehrsgesetz, LGBL. 6800
OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994
Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002
Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993
Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996
Voralberger Grundverkehrsgesetz, LGBL. Nr. 42/2004
Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998
Description:
Investment
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.
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2)
GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2)
Gewerbeordnung, BGBL. Nr. 194/1994, § 39 (2a)
Description:
Investment
For the operation of a branch, non-European Economic Area (EEA) corporations must appoint at least one person responsible for its representation who is resident in Austria. Executives (managing directors, natural persons) responsible for the observance of the Austrian Trade Act (Gewerbeordnung) must be domiciled in Austria.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Rechtsanwaltsordnung (Lawyers Act) — RAO, RGBl. Nr. 96/1868, art. 1 and 21c
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
According to the Lawyers Act, only EEA lawyers or lawyers of the Swiss Confederation are allowed to provide legal services through commercial presence. Cross border supply of legal services by Canadian lawyers (who must be fully qualified in Canada) is only authorised in respect of public international law and Canadian law.
For admission to the Bar, required for the practice of EU law and the law of a Member State of the EU including representation before courts, nationality of a Member State of the EEA or the Swiss Confederation is required.
Equity participation and shares in the operating result of any law firm of Canadian lawyers (who must be fully qualified in Canada) is allowed up to 25 per cent; the rest must be held by fully fledged EEA lawyers or lawyers of the Swiss confederation) and only the latter may exercise decisive influence in the decision making of the law firm which is — according to Article 1a of the Lawyers Act — in Austria generally limited to certain forms of association.
Sector:
Business services
Sub-Sector:
Accounting and bookkeeping services
Auditing services
Taxation advisory services
Industry Classification:
CPC 862, CPC 863
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Wirtschaftstreuhandberufsgesetz(Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4
Bilanzbuchhaltungsgesetz (BibuG, BGBl. I Nr. 11/2008, § 7, § 11, § 56 and § 59 (1) 4.
Description:
Investment and Cross-Border Trade in Services
The capital interests and voting rights of foreign accountants, bookkeepers, auditors, and tax advisers, qualified according to the law of their home country, in an Austrian enterprise may not exceed 25 per cent.
The service supplier must have an office or professional seat in the EEA in order to provide bookkeeping services, and to be entitled to practice as an auditor or tax advisor according to Austrian law.
Where the employer of a foreign auditor is not a national of a Member State of the EU, they must be a member of the relevant professional body in their home country, where such a body exists.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/, §3 (3) 1
Description:
Investment and Cross-Border Trade in Services
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 agreement with that non-Member State of the EEA providing for national treatment with respect to investment and cross-border trade of veterinary services.
Sector:
Health services
Sub-Sector:
Medical services
Industry Classification:
part of CPC 9312
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Medical Act, BGBl. I Nr. 169/1998, §4 (2) and §5 (b), §§ 8(5), 32, 33 and 35
Federal Act Regulating High Level Allied Health Professions, BGBl. Nr. 460/1992
Federal Act regulating Medical Masseurs lower and upper level, BGBl. Nr. 169/2002
Description:
Investment
Nationality of a Member State of the EEA or of the Swiss Confederation is required in order to provide medical services.
Regarding medical services, non-nationals of a Member State of the EEA may apply for the following authorisations: postgraduate training, medical practice as a general medical practitioner or specialist in hospitals and penal institutions, medical practice as a general practitioner in a self-employed capacity, and medical activities for educational purposes.
This reservation does not apply to dental services or services provided by psychologists and psychotherapists.
Sector:
Distribution
Sub-Sector:
Retail sales of tobacco
Industry Classification:
CPC 63108
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Tobacco Monopoly Act 1996, § 5 and § 27
Description:
Investment and Cross-Border Trade in Services
Only natural persons may apply for an authorisation to operate as a tobacconist. Priority is given to nationals of a Member State of the EEA.
Sector:
Distribution and health services
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Other services provided by pharmacists
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Senior management and boards of directors
Market access
Level of Government:
National
Measures:
Apothekengesetz (Pharmacy Law), RGBl.No. 5/1907, §3 Arzneimittelgesetz (Medication Act) BGBL. Nr. 185/1983, §57-63
Description:
Investment
The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy.
Nationality of a Member State of the EEA or the Swiss Confederation is required in order to operate a pharmacy.
Nationality of a Member State of the EEA or the Swiss Confederation is required for leaseholders and persons in charge of managing a pharmacy.
Sector:
Education services
Sub-Sector:
Higher education services
Industry Classification:
CPC 923
Type of Reservation:
Market access
Level of Government:
National
Measures:
University of Applied Sciences Studies Act, BGBl I Nr. 340/1993, § 2
University Accreditation Act, BGBL. I Nr. 168/1999, § 2
Description:
Investment and Cross-Border Trade in Services
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 his primary business being the supply of such programmes, and must submit a needs assessment and a market survey for the acceptance of the proposed study programme. The competent Ministry may deny an authorisation where the programme is determined to be incompatible with national educational interests.
The applicant for a private university requires an authorisation from the competent authority (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.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Austrian Insurance Supervision Act, §5 (1) 3 (VAG)
Description:
Financial Services
In order to obtain a licence to open a branch office, foreign insurers must have a legal form corresponding or comparable to a joint stock company or a mutual insurance association in their home country.
The management of a branch office must consist of at least two natural persons resident in Austria.
Sector:
Financial services
Sub-Sector:
Insurance
Industry Classification:
Type of Reservation:
National treatment
Market access
Cross-border supply of financial services
Level of Government:
National
Measures:
Insurance Supervision Act (VAG), BGBI. Nr. 569/1978, §1 (2)
Description:
Financial Services
Promotional activity and intermediation on behalf of a subsidiary not established in the EU or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited.
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Ski school services
Mountain guide services
Industry Classification:
Part of CPC 96419
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Regional (Sub-national)
Measures:
Kärntner Schischulgesetz, LGBL. Nr. 53/97
Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98
NÖ- Sportgesetz, LGBL. Nr. 5710
OÖ- Sportgesetz, LGBl. Nr. 93/1997
Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89
Salzburger Bergführergesetz, LGBL. Nr. 76/81
Steiermärkisches Schischulgesetz, LGBL. Nr.58/97
Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76
Tiroler Schischulgesetz. LGBL. Nr. 15/95
Tiroler Bergsportführergesetz, LGBL. Nr. 7/98
Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 §4 (2)a
Vorarlberger Bergführergesetz, LGBL. Nr. 54/02
Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02
Description:
Investment and Cross-Border Trade in Services
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.
Sector:
Transport
Sub-Sector:
Water transport
Supporting services for water transport
Industry Classification:
CPC 7221, CPC 7222, CPC 7223, CPC 7224, part of CPC 745
Type of Reservation:
National treatment
Senor management and boards of directors
Market access
Obligations
Level of Government:
National
Measures:
Schifffahrtsgesetz, BGBl. I Nr. 62/1997, §75f
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
For internal waterways transport, nationality of a Member State of the EEA s required for natural persons in order to set up a shipping company. A majority of the governing board of each enterprise must have EEA nationality. A registered company or permanent establishment in Austria is required. More than 50 per cent of the business shares and the working capital must be held by nationals of a Member State of the EEA.
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5 Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6
Description:
Investment and Cross-Border Trade in Services
For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of the Member States of the EU and to juridical persons of the EU having their headquarters in the EU.
Sector:
Transport
Sub-Sector:
Pipeline transport
Industry Classification:
CPC 713
Type of Reservation:
Senior management and boards of directors
Market access
Level of Government:
National
Measures:
Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§ 5 (1) and (3), 15, 16
Gaswirtschaftsgesetz (Gas Act), BGBl. I Nr. 121/2000, § 14, 15 and 16
Description:
Investment and Cross-Border Trade in Services
With regard to natural persons, authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their seat in the EEA. The operator of the network must appoint a Managing Director and a Technical Director who is responsible for the technical control of the operation of the network, both of whom must be nationals of a Member State of the EEA.
The competent authority may waive the nationality and domiciliation requirements where the operation of the network is considered to be in the public interest.
For the transportation of goods other than gas and water the following applies:
1.
With regard to natural persons, authorisation is only granted to EEA-nationals who must have a seat in Austria; and
2.
Enterprises and partnerships must have their seat in Austria. An Economic Needs Test or interest test is applied. Cross border pipelines must not jeopardise Austria's security interests and its status as a neutral country. Enterprises and partnerships have to appoint a managing director who must be a national of a Member State of the EEA. The competent authority may waive the nationality and seat requirements if the operation of the pipeline is considered to be in the national economic interest.
Sector:
Energy
Sub-Sector:
Transmission and distribution of electricity
Industry Classification:
ISIC rev 3.1 40, CPC 887
Type of Reservation:
National treatment
Market access
Senior management and boards of directors
Level of Government:
Regional
Measures:
Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz (ElWOG), LGBl. Nr. 70/2005; Kärntner Elektrizitätswirtschafts-und Organisationsgesetz (ElWOG), LGBl. Nr. 24/2006
Description:
Investment and Cross-Border Trade in Services
With regard to natural persons, 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 must have their seat in the EEA. They must appoint a managing director or a leaseholder, both of whom must be nationals of a Member State of the EEA domiciled in the EEA.
The competent authority may waive the domicile and nationality requirements where the operation of the network is considered to be in the public interest.
Reservations applicable in Belgium
For the purposes of the reservations of Belgium, the national level of government covers the federal government and the governments of the Regions and the Communities as each of them holds equipollent legislative powers.
Sector:
Mining and quarrying
Sub-Sector:
Other mining and quarrying
Industry Classification:
ISIC rev 3.1 14
Type of Reservation:
National treatment
Market access
Level of Government:
National (Federal State)
Measures:
Arrêt Royal du 1
er
 septembre 2004 relatif aux conditions, à la délimitation géographique et à la procédure d'octroi des concessions d'exploration et d'exploitation des ressources minérales et autres ressources non vivantes de la mer territoriale et du plateau continental
Description:
Investment
The exploration for and exploitation of mineral resources and other non-living resources in territorial waters and the continental shelf are subject to concession. The concessionaire must be domiciled in Belgium.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National (Federal State)
Measures:
Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Belgian law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar.
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. 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). Representation before the ‘
Cour de Cassation
’ is subject to quota.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
National treatment
Market access
Level of Government:
National (Federal State)
Measures:
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
Description:
Cross-Border Trade in Services
To be qualified to act in an official capacity as a ‘firm's auditor’, it is required to maintain an establishment in Belgium 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 company being firm's auditor and responsible for the management of an establishment in Belgium.
Sector:
Business services
Sub-Sector:
Architectural services
Urban planning and landscape architectural services
Industry Classification:
CPC 8671,CPC 8674
Type of Reservation:
National treatment
Level of Government:
National (Federal State)
Measures:
Law of February 20, 1939 on the protection of the title of the architect's profession
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).
Description:
Cross-Border Trade in Services
The provision of architectural services in Belgium requires control over the execution of jobs.
Foreign architects authorised in their host countries and wishing to practice their profession on an occasional basis in Belgium are required to obtain prior authorisation from the Council of Order in the geographical area where they intend to practice their activity.
Sector:
Business services
Sub-Sector:
Placement services of personnel
Industry Classification:
CPC 87202
Type of Reservation:
National treatment
Market access
Level of Government:
National (Regions)
Measures:
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
Description:
Investment and Cross-Border Trade in Services
Flemish Region
: A company having its head office outside the EEA has to prove that it supplies placement services in its country of origin.
Walloon Region
: A specific type of legal entity (régulièrement constituée sous la forme d'une personne morale ayant une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie par celui-ci, quelle que soit sa forme juridique) is required to supply placement services. A company having its head office outside the EEA has to demonstrate that it fulfils the conditions as set out in the Decree (for instance on the type of legal entity) and has to prove that it supplies placement services in its country of origin.
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 and has to fulfill the admission criteria established by the mentioned decree.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National (Federal State)
Measures:
La Loi du 21 décembre 1990 relative à l'enregistrement des navires, telle que modifiée par la loi du 3 mai 1999
L'Arrêté royal du 4 avril 1996 relatif à l'enregistrement des navires et l'entrée en vigueur de la loi du 21 décembre 1990 relative à l'enregistrement des navires, tel que modifié
Description:
Investment and International Maritime Transport Services
According to the Belgian ship registration law and decree provisions, the owner or operator of a ship must be:
(a)
an individual who is national of a Member State of the EU;
(b)
an individual who is domiciled or resident in Belgium; or
(c)
a legal person/body corporate/having its real place of business in one of the Member States of the EU,
in order to be eligible to register a ship on the national register.
Foreign investors must have their principal office in Belgium in order to register a vessel on the national shipping register.
The ships have to be operated from Belgium, meaning that the operating owner or the operator (if different from the owner) must have a Belgian company number.
A foreign owned vessel may be registered at the request of a Belgian operator, subject to the consent of the owner and of the Belgian authorities (Directorate General Maritime Transport in Brussels ).
A foreign-owned vessel may also be registered on the bareboat charter register (second Belgian register), subject to the consent of the authorities of the primary register, of the owner and of the relevant Belgian authorities.
Sector:
Transport
Sub-Sector:
Supporting services for air transport
Rental of aircraft
Industry Classification:
CPC 83104
Type of Reservation:
National treatment
Level of Government:
National (Federal State)
Measures:
Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne
Description:
Investment and Cross-Border Trade in Services
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 Belgium without interruption for at least one year.
Private (civil) aircraft belonging to foreign legal entities not formed in accordance with the law of a Member State of the EU or of the EEA may only be registered if they have a seat of operations, agency or office in Belgium without interruption for at least one year.
Sector:
Transport
Sub-Sector:
Air transport services
Industry Classification:
CPC 73
Type of Reservation:
National treatment
Level of Government:
National (Federal State)
Measures:
Arrêté ministériel du 3 août 1994 fixant les conditions de délivrance des licences d'exploitation aux transporteurs aériens
Description:
Investment
A licence is required to provide air transport services. To obtain the licence, the air carrier must have at its disposal, owned or under any type of lease, at least one aircraft registered in his name on the Belgian register.
Sector:
Transport
Sub-Sector:
Supporting services for air transport
Industry Classification:
CPC 7461, CPC 7469, CPC 83104
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National (Federal State and Regions)
Measures:
Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à l'aéroport de Bruxelles-National (art. 18)
Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (art. 14)
Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux aéroports relevant de la Région wallonne (art.14)
Description:
Investment and Cross-Border Trade in Services
For groundhandling services, reciprocity is required.
Reservations applicable in Bulgaria
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Commercial Law, art. 17a
Law for Encouragement of Investments, art. 24
Description:
Investment
Foreign legal persons, unless established under the legislation of a Member State of the EU or the EEA, may conduct business and pursue activities if established in the Republic of Bulgaria in the form of a company registered in the Commercial Register. Establishment of branches is subject to authorisation.
Representative offices of foreign enterprises are to be registered with Bulgarian Chamber of Commerce and Industry and may not engage in economic activity but are only entitled to advertise their owner and act as representatives or agents.
Sector:
Mining and quarrying
Sub-Sector:
All sectors other than mining of uranium and thorium ore
Industry Classification:
ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.112, ISIC rev 3.1 13, ISIC rev 3.1 14
Type of Reservation:
Market access
National treatment
Level of Government:
Measures:
Underground Natural Resources Act
Concessions Act
Privatisation and Post-Privatisation Control Act
Description:
Investment
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 the Republic of Bulgaria, in the continental shelf and in the exclusive economical 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, directly or indirectly, to such companies to participate in open procedures for granting permits or concessions for prospecting, exploration or extraction of natural resources, including uranium and thorium ores, as well as to operate an existing permit or concession which has been granted, as such operations are precluded, including the possibility to register the geological or commercial discovery of a deposit as a result of exploration.
Commercial corporations in which the Member State or a municipality holds a share in the capital exceeding 50 per cent, 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 Article 8.4, paragraphs 1 and 2, according to Decision of the National Assembly of the Republic of Bulgaria of 18 Jan 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.
Sector:
Mining and quarrying
Sub-Sector:
Mining of uranium and thorium ores
Industry Classification:
ISIC rev 3.1 12
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Safe Use of Nuclear Energy Act, Act on Economic and Financial Relations with Companies Registered in Preferential Tax Treatment Jurisdictions, Such Companies' Related Parties and Their Beneficial Owners, Subsurface Resources Act
Description:
Investment
The mining of uranium ore is forbidden by Decree of the Council of Ministers No. 163 of 20.8.1992.
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 Canadian company must be established according to the Bulgarian Commercial 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, directly or indirectly, to such companies, from participating in open procedures for concessions for mining of natural resources includes uranium and thorium ores.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Attorney Law
Law for Mediation
Law for the Notaries and Notarial Activity
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
In so far as Canada and its territories and provinces allow Bulgarian lawyers to represent Bulgarian nationals under domestic law, Bulgaria will allow Canadian lawyers to represent a national of Canada under domestic law under the same conditions and in cooperation with a Bulgarian lawyer. For this purpose, foreign lawyers must be admitted to act as an attorney by a decision of the Supreme Bar Council and registered in the Unified register of foreign lawyers. Enterprises must be registered in Bulgaria as a lawyer partnership (‘advokatsko sadrujie’) or a law firm (‘advokatsko drujestvo’). The name of the law firm may only include the names of the partners, so a foreign firm would not be able to use its name unless the named partners were registered in Bulgaria as well.
Full admission to the Bar is allowed only for nationals of a Member State of the EU or for foreign nationals, who are qualified lawyers and have obtained their diploma providing the capacity to practice in a Member State of the EU. For procedural representation they shall be accompanied by a Bulgarian lawyer.
For legal mediation services, permanent residence is required.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Independent Financial Audit Act
Description:
Investment
‘Specialised audit entity’ is a company registered under the Bulgarian Commerce Act, or under the legislation of another Member State of the EU, or the European Economic Area Agreement, with its principal subject of activity being the independent financial audit of financial statements of enterprises, and three-quarters of its members being registered auditors, auditors or audit entities from a Member State of the EU, of good repute, and which is:
(a)
a general partnership in which more than half of the partners are registered auditors, auditors or audit entities from other Member State of the EU;
(b)
a limited partnership in which more than half of the partners with unlimited liability are registered auditors, auditors or audit entities from other Member States of the EU; or
(c)
a limited liability company in which more than half of the votes in the General Meeting of the partners and of the capital belong to registered auditors, auditors or audit entities from other Member States of the EU.
Sector:
Business services
Sub-Sector:
Taxation advisory services
Industry Classification:
CPC 863
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Accountancy Act
Independent Financial Audit Act
Income Taxes on Natural Persons Act
Corporate Income Tax Act
Description:
Cross-Border Trade in Services
Nationality of a Member State of the EU is required for tax advisors.
Sector:
Business services
Sub-Sector:
Architectural services
Urban planning and landscape architectural services
Engineering services
Integrated engineering services
Industry Classification:
CPC 8671, CPC 8672, CPC 8673, 8674
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Spatial Development Act, art. 230
Description:
Investment and Cross-Border Trade in Services
For projects of national or regional significance, Canadian investors must act in partnership with or, as subcontractors to, local investors.
Foreign specialists must have experience of at least two years in the field of construction, which is not a requirement for national specialists.
A Bulgarian nationality condition applies to urban planning and landscape architectural services.
Sector:
Business services
Sub-Sector:
Related scientific and technical consulting services
Industry Classification:
CPC 8675
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Cadastre and Property Register Act
Geodesy and Cartography Act
Description:
Investment and Cross-Border Trade in Services
A professionally competent body is the person (physical or juridical) that may execute functions pertinent to cadastral surveying, geodesy and cartography. Establishment is required, as well as Bulgarian nationality for the natural person carrying out activities for geodesy, cadastral surveying, and in cartography when studying movements of the earth crust.
Sector:
Business services
Sub-Sector:
Translation and interpretation services
Industry Classification:
CPC 87905
Type of Reservation:
Market access
Level of Government:
National
Measures:
Regulation for the legalisation, certification and translation of documents
Description:
Investment and Cross-Border Trade in Services
A contract with the Ministry of Foreign Affairs is required for official translations provided by translation agencies.
Sector:
Business services
Sub-Sector:
Technical testing and analyses
Industry Classification:
CPC 8676
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Technical Requirements towards Products Act
Measurement Act
National Accreditation of Compliance Conformity Authorities Act
Clean Ambient Air Act
Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road transport vehicles
Description:
Cross-Border Trade in Services
In order to provide testing and analyses services, a national of Canada must be established in Bulgaria according to the Bulgarian Commercial Act and be registered on the Commercial register.
For the periodical inspection for proof of technical condition of road transport vehicles, the person shall 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.
The testing and analysis of the composition and purity of air and water may be conducted only by the Ministry of Environment and Water of Bulgaria, or its agencies in co-operation with the Bulgarian Academy of Sciences.
Sector:
Distribution
Sub-Sector:
Commission agents' services
Wholesale and retail trade services
Industry Classification:
Part of CPC 621, CPC 62228, CPC 62251, CPC 62271, part of CPC 62272, CPC 62276, CPC 63108, part of CPC 6329
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law of Veterinary Activity, arts. 343, 363, 373
Law for Prohibition of the Chemical Weapons and for Control over the Toxic Chemical Substances and Their Precursors, art. 6
Law on Control of Exports of Weapons and Dual-Use Items and Technology, art. 46
Law for the Tobacco and Tobacco Products, arts. 21, 27, 30
Description:
Investment and Cross-Border Trade in Services
Distribution (wholesale and retail) of petroleum and petroleum products, gas, precious metals, tobacco, and tobacco products, is subject to authorisation and may be performed only after registration under the Commercial Register. Authorisation may only be given to nationals of a Member State of the EEA or foreign citizens with permanent residence in BG.
Department stores may be subject to an Economic Needs Test, depending on the rules of the local municipality.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228
Description:
Investment and Cross-Border Trade in Services
The mail order of pharmaceuticals is prohibited.
The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy.
Managers of pharmacies must be qualified pharmacists and may only manage one pharmacy in which they themselves work. Requirement for permanent residence for pharmacists. A quota exists for the number of pharmacies which may be owned per person.
Sector:
Education services
Sub-Sector:
Primary and secondary education services
Industry Classification:
CPC 921, CPC 922
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Public Education Act, art. 12
Law for the Higher Education, paragraph 4 of the additional provisions
Description:
Investment
This reservation applies to the provision of privately funded primary and secondary education services, which may only be supplied by authorised Bulgarian enterprises (commercial presence is required).
Bulgarian kindergartens and schools having foreign participation may be established or transformed at the request of associations, or corporations, or enterprises of Bulgarian and foreign natural or legal entities, duly registered in Bulgaria, by decision of the Council of Ministers on a motion by the Minister of Education, Youth and Science.
Foreign owned kindergartens and schools may be established or transformed at the request of foreign legal entities in accordance with international agreements and conventions and under the provisions above.
Foreign high schools cannot establish subsidiaries in the territory of Bulgaria. Foreign high schools may open faculties, departments, institutes and colleges in Bulgaria only within the structure of Bulgarian high schools and in cooperation with them.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Insurance Code, arts. 8, 41, 47b
Description:
Financial Services
Before establishing a branch or agency in Bulgaria to provide insurance, a foreign insurer or re-insurer must have been authorised to operate in the same classes of insurance as those it wishes to provide in Bulgaria in its country of origin.
Local incorporation (no branches) is required for insurance intermediaries.
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.
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law of Credit Institutions, art. 2, 17
Code Of Social Insurance, art. 121e
Currency Law, art. 3
Description:
Financial Services
A bank shall be established as a joint-stock company.
The bank shall be managed and represented jointly by at least two persons, at least one of whom shall be proficient in the Bulgarian language.
The persons who manage and represent the bank shall manage the bank by being personally present at its management address.
In order to perform public attraction of deposits or other renewable resources as well as other services, a bank headquartered in a non-Member State of the EU is required to obtain a license from Bulgarian National Bank for taking up and pursuing of business activities in Bulgaria through a branch.
The financial institution shall be established as a shareholding company, a limited liability company or a commandite company with shares and the place of its main business shall be in the territory of Bulgaria.
Only financial institutions registered in Bulgaria and foreign financial institutions with a seat in a Member State of the EU may carry out activity on the territory of Bulgaria.
Pension insurance shall be carried out as a joint-stock company licensed in accordance with the Code of Social Insurance and registered under the Commerce Act or under the legislation of another Member State of the EU (no branches).
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 national law thereof, if they present bank references from a first-class foreign bank confirmed by the Bulgarian National Bank. Non-resident individuals 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 of the EU 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 must have a permanent address or hold a durable residence permit in Bulgaria.
Sector:
Tourism and travel related services
Sub-Sector:
Hotel, restaurants and catering
Travel agencies and tour operators services
Tourist guides services
Industry Classification:
CPC 641, CPC 642, CPC 643, CPC 7471, CPC 7472
Type of Reservation:
National treatment
Senior management and boards of directors
Market access
Level of Government:
National
Measures:
Law For Tourism, arts. 17, 45
Description:
Investment and Cross-Border Trade in Services
Incorporation (no branches) is required.
Tour operation or travel agency services may be provided by a person established in a Member State of the EU or in a Member State of the EEA if, upon establishment in the territory of Bulgaria, the said person presents a copy of a document certifying the right thereof to practise such activity and a certificate or another document issued by a credit institution or an insurer containing data of the existence of insurance covering the liability of the said person for damage which may ensue as a result of a culpable non-fulfilment of professional duties.
The number of foreign managers may not exceed the number of managers who are Bulgarian nationals, in cases where the public (state or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent.
Nationality condition for tourist guides.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1: 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5233, CPC 721,CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Merchant Shipping Code, arts. 6, 27, 28
Law For the Sea Water, Inland Waterways and Ports of the Republic of Bulgaria, arts. 116, 116a, 117, 117a
Ordinance No.17/22.1.2013 for carrying goods by inland waterways
Description:
Investment and Cross-Border Trade in Services
A seagoing ship is entitled to fly the Bulgarian flag if:
(a)
it is owned by the State;
(b)
it is owned by a Bulgarian natural person or legal entity;
(c)
more than half of the ownership is by Bulgarian natural persons or legal entities; or
(d)
it is owned by a natural person or legal entity of a Member State of the EU, provided that, for the performance of the technical, administrative and other requirements of Bulgarian legislation in relation to seagoing ships, Bulgarian natural persons or legal entities or natural persons or legal entities from a Member State of the EU resident in Bulgaria have been authorised by the ship owner and are responsible to perform these tasks on their behalf.
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.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Transport services (passengers and freight) by non-seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC 5223, CPC 721, CPC 722, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Senior management and boards of directors
Obligations
Level of Government:
National
Measures:
Merchant Shipping Code
Law For The Sea Waters, The Internal Water Ways And The 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
Ordinance 3 for servicing of unmanned vessels
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
The carriage and any activities related to hydraulic-engineering and underwater technical works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such, performed by vessels in the internal waters, the territorial sea and on the inland waterways of the Bulgaria, may only be performed by vessels flying the Bulgarian flag or vessels flying the flag of another Member State of the EU.
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.
Nationality condition 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. Not less than 25 per cent of the positions at management and operational level and not less than 25 per cent of the positions at order-taking level shall be occupied by nationals of Bulgaria.
Sector:
Transport
Sub-Sector:
Rail transport
Supporting services for rail transport
Industry Classification:
CPC 711
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law for Railway Transport, arts. 37, 48
Description:
Investment and Cross-Border Trade in Services
Only nationals of a Member State of the EU may provide rail transport or supporting services for rail transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is issued by the Minister of Transport to railway operators registered as traders.
Reservations applicable in Croatia
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
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)
Agricultural Land Act (OG 152/08, 25/09, 153/09, 21/10, 31/11 and 63/11), art. 2
Description:
Investment
Foreign companies are only allowed to acquire real estate for the supply of services if they are established and incorporated in Croatia as legal persons. Acquisition of real estate necessary for the supply of services by branches requires the approval of the Ministry of Justice. Agricultural land cannot be acquired by foreigners.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
CPC 861
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Legal Profession Act, (OG 9/94, 51/01, 117/08, 75/09, 18/11)
Description:
Investment and Cross-Border Trade in Services
Representation of parties before courts can be practised only by the members of the Croatian Bar Association (Croatian title ‘odvjetnici’). Citizenship requirement for membership in the Bar Council.
In proceedings involving international elements, parties may be represented before arbitration courts — ad hoc courts only by lawyers who are members of the bar associations of other countries.
Full admission to the Bar, required for legal representation services, is subject to a nationality requirement (nationality of a Member State of the EU).
Sector:
Business services
Sub-Sector:
Accounting, auditing and bookkeeping services
Industry Classification:
CPC 862
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Audit Act (OG 146/05, 139/08, 144/12), Art. 3
Description:
Investment and Cross-Border Trade in Services
Foreign audit firms may provide audit services on the Croatian territory where they have established a branch. Auditing may be performed only by legal persons established in Croatia, or by natural persons resident in Croatia.
Sector:
Business services
Sub-Sector:
Architectural services and engineering services
Industry Classification:
CPC 8671, CPC 8672, CPC 8673, CPC 8674
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act on Architectural and Engineering Activities in Physical Planning and Building (OG 152/08, 49/11, 25/13)
Description:
Cross-Border Trade in Services
A design or project created by a foreign architect or engineer must be validated by an authorised natural or legal person in Croatia with regard to its compliance with Croatian Law.
Sector:
Business services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Veterinary Act (OG 41/07, 55/11), Arts. 89, 106
Description:
Investment and Cross-Border Trade in Services
Only legal and natural persons established for the purpose of conducting veterinary activities in a Member State of the EU can provide cross border veterinary services in the Croatia (Veterinary Act; OG 41/07, 55/11, Article 89).
Only nationals of a Member State of the EU can establish a veterinary practice in the Croatia (Veterinary Act, OG 41/07; 55/11, Article 106).
Sector:
Distribution
Sub-Sector:
Retail sale of pharmaceuticals and retail sales of medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12)
Description:
Investment
Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.
Sector:
Business services
Sub-Sector:
Real estate services
Industry Classification:
CPC 821, CPC 822
Type of Reservation:
Market access
Level of Government:
National
Measures:
Real Estate Brokerage Act (OG 107/07 and 144/12), Art. 2
Description:
Cross-Border Trade in Services
Commercial presence is required to provide real estate services.
Sector:
Business services
Sub-Sector:
Related scientific and technical consulting services
Industry Classification:
CPC 8675
Type of Reservation:
Market access
Level of Government:
National
Measures:
Ordinance on requirements for issuing approvals to legal persons for performing professional environmental protection activities (OG No. 57/10), Arts. 32-35
Description:
Cross-Border Trade in Services
Services of basic geological, geodetic and mining consulting as well as related environmental protection consulting services in the territory of Croatia can be carried out only jointly with or through domestic legal persons.
Sector:
Health services and social services
Sub-Sector:
Hospital services
Ambulance services
Residential health facilities other than hospital services
Industry Classification:
CPC 9311, CPC 93192, CPC 93193, CPC 933
Type of Reservation:
Market access
Level of Government:
National
Measures:
Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12)
Description:
Investment
Establishment of some privately funded social care facilities may be subject to needs based limits in particular geographical areas.
Sector:
Tourism and travel related services
Sub-Sector:
Hotels and restaurants
Travel agencies and tour operators services (including tour managers)
Tourist guide services
Industry Classification:
CPC 641, CPC 642, CPC 643, CPC 7471, CPC 7472
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12)
Act on Provision of Tourism Services (OG No. 68/07 and 88/10)
Description:
Investment and Cross-Border Trade in Services
Nationality requirement for hospitality and catering services in households and rural homesteads.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Maritime Act (
Pomorski zakonik
), Art. 187
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
A seagoing vessel owned by a natural or legal person having residency or a seat outside the EU may be registered in the Croatian national register and fly the Croatian flag if the shipper/company seeking to register the vessel has commercial presence in Croatia.
Sector:
Transport
Sub-Sector:
Maritime transport services: towing and pushing services
Supporting services for maritime transport
Services auxiliary to all modes of supply
Cargo handling services
Storage and warehousing services
Freight transport agency services
Other supporting and auxiliary transport services
Industry Classification:
CPC 7214, CPC 741, CPC 742, 745, CPC 741, CPC 742, CPC 748, CPC 749
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act on Maritime Demesne and Sea Ports, OG 158/03, 100/04, 141/06 i 38/09 (Zakon o pomorskom dobru i morskim lukama). (NN 158/03, 100/04, 141/06 i 38/09)
Description:
Investment
Foreign legal persons must establish a company in Croatia and must be granted a concession by the port authority following a public tendering procedure.
Reservations applicable in Cyprus
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
The Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended by laws number 52 of 1969, 55 of 1972, 50 of 1990 and 54(I) of 2003
Description:
Investment
Cypriots or persons of Cypriot origin, as well as nationals of a Member State of the EU, are allowed to acquire any property in Cyprus without restrictions.
No foreigner may 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.), any permit granted by the Council of Ministers shall be subject to such terms, limitations, conditions and criteria which are set by Regulations made by the Council of Ministers and approved by the House of Representatives.
A foreigner is any person who is not a citizen of the Republic of Cyprus, including a foreign controlled company. The term does not include foreigners of Cypriot origin or non-Cypriot spouses of citizens of the Republic of Cyprus.
Sector:
Mining and quarrying
Sub-Sector:
Extraction of crude petroleum and natural gas
Industry Classification:
ISIC rev 3.1 1110
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
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
Description:
Investment
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 Canada or by nationals of Canada.
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 Canada or a national of Canada 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 Canada or a third country or by a national of Canada or a third country, where Canada or the third country does not grant entities of the Republic of Cyprus or entities of Member States of the EU, in relation to the access to and exercise of the activities of prospecting, exploring for and exploiting hydrocarbons, treatment comparable to that which the Republic of Cyprus or the Member State of the EU grants entities of Canada or that third country.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
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
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
Residency (commercial presence) and nationality of a Member State of the EU is required in order to obtain full admission to the Bar. Only advocates enrolled in the Bar may be partners or shareholders or members of the Board of Directors in a law company in Cyprus.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector:
Business services
Sub-Sector:
Accounting and bookkeeping services
Auditing services, taxation advisory services
Industry Classification:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220, CPC 863
Type of Reservation:
Market access
Level of Government:
National
Measures:
The Auditors and Mandatory Audit of the Annual and of the Consolidated Accounts Law of 2009 (Law 42(I)/2009), as amended by law number 163(I) of 2013
Description:
Investment and Cross-Border Trade in Services
Access is restricted to natural persons. Canadian auditors need to obtain special license from the Minister of Finance, which is subject to reciprocity.
The authorisation is also subject to an economic needs test. Main criteria: the employment situation in the sub-sector. Professional associations (partnerships) between natural persons are permitted. No body corporate is allowed.
Sector:
Business services
Sub-Sector:
Technical testing and analyses
Industry Classification:
CPC 8676
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Registration of Chemists Law of 1988 (Law 157/1988), as amended by laws number 24(I) of 1992 and 20(I) of 2004
Description:
Cross-Border Trade in Services
The provision of services by chemists and biologists requires nationality of a Member State of the EU.
Sector:
Tourism and travel related services
Sub-Sector:
Travel agencies and tour operators services (including tour managers)
Tourist guide services
Industry Classification:
CPC 7471, CPC 7472
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
The Tourism and Travel Offices and Tourist Guides Law 1995 to 2004 (N.41(I)/1995-2004)
Description:
Investment and Cross-Border Trade in Services
A licence to establish and operate a tourism and travel company, as well as the renewal of an operating licence of an existing company, shall be granted only to EU natural or legal persons.
No non-resident company except those established in another Member State of the EU, can provide in the Republic of Cyprus, on an organised or permanent basis, the activities referred to under Article 3 of the abovementioned Law, unless represented by a resident company.
The provision of tourist guide services requires nationality of a Member State of the EU.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
The Merchant Shipping (Registration of Ships, Sales and Mortgages) Laws of 1963 to 2005 (Law 45/1963), as amended by laws number 138(I) of 2003, 169(I) of 2004 and 108(I) of 2005
Description:
Investment and International Maritime Transport Services
A vessel may be registered in the Register of Cyprus Ships only if:
(a)
More than 50 per cent of the shares of the ship are owned by nationals of a Member State of the EU, who, if they are not permanent residents of the Republic of Cyprus, have appointed an authorised representative in the Republic of Cyprus; or
(b)
The total (100 per cent) of the shares of the ship are owned by one or more corporations, which have been established and operate:
(i)
in accordance with the laws of the Republic of Cyprus and have their registered office in the Republic of Cyprus;
(ii)
in accordance with the laws of any other Member State of the EU and have their registered office, central administration or principal place of business within the European Economic Area and have either appointed an authorised representative in the Republic of Cyprus or the management of the ship is entrusted in full to a Cypriot or an EU ship management company having its place of business in the Republic of Cyprus; or
(iii)
outside the Republic of Cyprus or outside any other Member State of the EU but controlled by nationals of a Member State of the EU and have either appointed an authorised representative in the Republic of Cyprus or the management of the ship is entrusted in full to a Cypriot or an EU ship management company having its place of business in the Republic of Cyprus. The corporation is deemed to be controlled by nationals of a Member State of the EU when more than fifty per cent of its shares are owned by nationals of a Member State of the EU or when the majority of the Directors of the corporation are nationals of a Member State of the EU.
Reservations applicable in the Czech Republic
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
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)
Act No. 503/2012, Coll. on State Land Office
Description:
Investment
Agricultural and forest land can be acquired by foreign natural persons having permanent residence in the Czech Republic and enterprises established in the Czech Republic.
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) can 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 such building. Only municipalities and public universities can acquire state forests.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act No. 85/1996 Coll., the Legal Profession Act
Description:
Investment and Cross-Border Trade in Services
Foreign lawyers admitted to the Czech Bar Association under section 5a subsection (1) of the Legal Profession Act 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.
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector:
Health and social services
Sub-Sector:
Business and production services
Veterinary services
Paramedical personnel
Restorer
Physiotherapists
Industry Classification:
CPC 93191, CPC 932, CPC 96322
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act No. 166/1999 Coll. (Veterinary Act), §58-63, 39
Act No. 381/1991 Coll. (on the Chamber of Veterinary Surgeons of the Czech Republic), para. 4
Act. 20/1987 Coll., on State monument care
Act. 96/2004 Coll., on conditions of obtaining and recognition of qualification for the performance of non-medical occupations in health service and for the due performance of activities related to the provision of health care
Description:
Cross-Border Trade in Services
Access is restricted to natural persons only.
Sector:
Education services
Sub-Sector:
Higher education services
Industry Classification:
CPC 92390
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act No. 111/1998, Coll. (Higher Education Act), § 39
Act No. 561/2004 Coll. on pre-school, basic, secondary, tertiary professional and other education (the Education Act)
Description:
Investment
Establishment in the EU is required to apply for state approval to operate as a privately funded higher education institution. This reservation does not apply to secondary technical and vocational education services.
Sector:
Community, social and personal services
Sub-Sector:
Environmental protection services
Recycling services
Packaging
Industry Classification:
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act. 477/2001 Coll. (Packaging Act) para. 16
Description:
Investment
An authorised package company is only allowed to provide services relating to packaging take-back and recovery and must be a legal person established as a joint-stock company
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Act. 61/2000 on Maritime Navigation (§5, §6 and §28)
Description:
Investment and International Maritime Transport Services
Operating a ship under the national flag is reserved to nationals of a Member State of the EU or juridical persons established in a Member State of the EU or the EEA.
Sector:
Transport
Sub-Sector:
Rail transport
Industry Classification:
CPC 711
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Act No. 266/1994 Coll., on Rail Transport
Description:
Investment and Cross-Border Trade in Services
For passenger and freight transportation and pushing and towing services by rail, incorporation is required (no branches).
Reservations applicable in Denmark
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Danish Act on acquisition of real property
Lovbekendtgørelse nr. 566 af 28. august 1986 om erhvervelse af fast ejendom (Ministry of Justice Act No. 566 of 28 August 1985), as amended by act No. 1102 of 21 December 1994 and Order No. 764 of 18 September 1995
Danish Act on Agricultural Real Estate (lov om landbrugsejendomme)
Description:
Investment
The Danish Act on Acquisition of Real Property applies to agricultural land, as the term ‘real property’ refers to all real estate and thus includes agricultural and rural land.
Only persons who have permanent residence in Denmark or who have earlier resided permanently in Denmark for at least five years are able to purchase real estate property in Denmark. This requirement also applies to enterprises, associations and other bodies, public or private institutions, foundations and charitable trusts that have no registered office in Denmark, and to foreign public authorities.
Other persons must apply to the Ministry of Justice for permission to purchase real estate property, which will be permitted if the applicant is going to use the real estate property as primary residence during the stay in Denmark or for self-employment in Denmark.
Purchase of real estate property which will be used as secondary residence or summer house for the applicant will be permitted only if the person concerned has particularly close relations or ties to Denmark.
The purchase of real estate property for enterprises, associations and other bodies, public or private institutions, foundations and charitable trusts that have no registered office in Denmark will be permitted where the acquisition is a prerequisite for the business activities of the purchaser.
The acquisition of agricultural land by private or legal persons is also governed by the Danish Act on Agricultural Real Estate (lov om landbrugsejendomme), which imposes restrictions on all persons, Danish or foreign, when acquiring agricultural property. Accordingly, any private or legal person, who wishes to acquire agricultural real estate, must fulfill the requirements in both laws.
An agricultural holding may be acquired by an individual, provided that the acquirer — or another person — takes permanent residence at the holding no later than six month following the acquisition. There is no limitation on citizenship.
If the acquirer is not a national of one of the Member States of the EU or the EEA, the acquirer must also have a permit from the Ministry of Justice, unless the acquirer actually lives in Denmark or formerly has lived in Denmark for at least five years.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Lovbekendtgørelse nr. 1053 af 29. Oktober 2009 (Act No. 1053 of 29 October 2009 on the administration of justice)
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
To provide legal services in respect of EU law and the law of a Member State, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Ninety per cent of shares of a Danish law firm must be owned by lawyers with a Danish licence to practice or law firms registered in Denmark. Only lawyers with a Danish licence to practice may sit on the board or be a member of the management of a Danish law firm. The remaining ten per cent can be owned by other employees in law firms, who can also sit on the board and be part of the management of the firm.
Marketing of legal advisory services is restricted to lawyers with a Danish licence to practice.
Sector:
Business services
Sub-Sector:
Accounting and bookkeeping services
Auditing services
Industry Classification:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Revisorloven (The Danish Act on Approved Auditors and Audit Firms), Act No. 468 of 17 June 2008
Description:
Investment and Cross-Border Trade in Services
Residency is required in order to provide auditing services.
In order to enter into partnership with Danish authorised accountants, foreign accountants must obtain permission from the Danish Business Authority.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act No. 433 of 9 June 2004 on veterinary surgeons
Description:
Cross-Border Trade in Services
Access is restricted to natural persons.
Sector:
Business services
Sub-Sector:
Real estate services (on a fee or a contract basis)
Industry Classification:
CPC 822
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Lov om omsætning af fast ejendom (The Act on the sale of real estate)
Description:
Cross-Border Trade in Services
For the provision of real estate services by a physical person present in the territory of Denmark, only authorised real estate agents who are natural persons that have been admitted to the real estate agent register may use the title of ‘real estate agent’, in accordance with Section 25(2) of the Act on the sale of real estate which lays down the requirements for admission to the register. The Act requires that the applicant be a Danish resident or a resident of the EU, EEA or the Swiss Confederation. The residence requirement may be waived by the Danish Business Authority.
The Act on the sale of real estate is only applicable when providing real estate services to Danish consumers.
Sector:
Business services
Sub-Sector:
Translation and interpretation services
Industry Classification:
CPC 87905
Type of Reservation:
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Lov om translatører og tolke (Act on Authorised Translators and Interpreters), Act No. 181 of 25 March 1988, ss. 1 and 1a
Description:
Cross-Border Trade in Services
For the provision of authorised translation and interpretation services by a physical person present in the territory of Denmark, an authorisation from the Danish Business Authority is required.
Exemptions from the authorisation requirement for occasional and temporary supply of these services may be granted to persons who are established in an equivalent profession to that of state authorised translator and interpreter in another Member State of the EU, in an EEA country or in the Swiss Confederation.
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
Lov om vagtvirksomhed LBK nr 227 af 03/03/2010
Description:
Investment
Requirement of residence for members of the board.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
Apotekerloven (Danish Pharmacy Act) LBK nr. 855 of 04/08/2008
Description:
Cross-Border Trade in Services
Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Lov om Dansk Internationalt Skibsregister (Danish International Ship Register Act), para 1 (2)
Søloven (Danish Merchant Shipping Act), para 1 (2).
Lov om Havne (Harbour Act), ss. 9 (6-7) and 10 (4-5)
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Non-EU residents cannot own Danish flagged vessels except:
(a)
Through an enterprise incorporated in Denmark i.e. an agency, a branch or a subsidiary. Furthermore, the vessels must be effectively managed, controlled and operated from the enterprise either through a national of a Member State of the EU or the EEA or a person having Danish residence; or
(b)
Through the establishment of a subsidiary company in another Member State of the EU or the EEA and the transfer of the ownership of the ship to this EU or EEA company. This EU or EEA company is not required to establish an agency, branch or subsidiary undertaking, but a representative in Denmark must be appointed and the ship must be effectively managed, controlled and directed from Denmark
Sector:
Fishing
Transport
Sub-Sector:
Supporting services for water transport
Industry Classification:
CPC 741, CPC 742, CPC 745
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Lov om Dansk Internationalt Skibsregister (Danish International Ship Register Act), para 1 (2)
Søloven (Danish Merchant Shipping Act), para 1 (2).
Lov om Havne (Harbours Act), ss. 9 (6-7) and 10 (4-5)
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
When a foreign private port operator performs ship stevedoring services and other ship-related services at a Danish port in collaboration with a Danish municipal port, permission from the Minister of Transport is required according to the Harbours Act.
Municipal ports need permission from the Minister of Transport in order to perform ship stevedoring services and other ship-related services such as pilotage, towage etc. State ports are prohibited from performing these services.
The Harbours Act does not place restrictions on private port operators, thus foreign 
private
 port operators are not prohibited from performing ship stevedoring services and other ship-related services at Danish ports. However, foreign 
state
 and 
municipal
 port operators are subject to the restrictions of the Harbours Act.
Sector:
Energy
Sub-Sector:
Pipeline transportation of fuels
Industry Classification:
CPC 7131
Type of Reservation:
Market access
Level of Government:
National
Measures:
Bekendtgørelse nr. 724 af 1. juli 2008 om indretning, etablering og drift af olietanke, rørsysrtemer og pipelines (Order on the arrangement, establishment and operation of oil tanks, piping systems and pipelines), No. 724 of 1 July 2008
Description:
Investment
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 such permits which are issued may be limited.
Reservations applicable in Estonia
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Äriseadustik (Commercial Code) § 63
1
 (2), § 385 (1)
Description:
Investment
A foreign company shall appoint a director or directors for a branch. A director of a branch must be a natural person with active legal capacity. The residence of at least one director of a branch must be in Estonia, in a Member State of the EEA or in the Swiss Confederation.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Advokatuuriseadus (Bar Association Act), RT I 2001, 36, 201
Notariaadiseadus (Notaries Act), RT I 2000, 104, 684 Kohtutäituri seadus (Bailiffs Act), RT I 2009, 68, 463
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Estonian law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
For legal services other than advisory services to clients related to their legal rights and obligations and providing information on legal matters, commercial presence is restricted to sole proprietorships or to law firms with limited liability, in which cases permission is needed from the Bar Association (Advokatuur).
Sector:
Legal services
Sub-Sector:
Patent agents
Sworn translators
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Patendivoliniku seadus (Patent Agents Act) § 14 (1)
Vandetõlgi seadus (Sworn Translators Act) § 3 (2)
Description:
Cross-Border Trade in Services
A patent agent must be a national of a Member State of the EU with permanent residence in Estonia.
A sworn translator must be a national of a Member State of the EU.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; § 25 (3), §30, § 42
1
Description:
Investment and Cross-Border Trade in Services
The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy.
Mail order sale of medicinal products as well as delivery by post or express service of medicinal products ordered through the Internet is prohibited.
Establishment authorisation is subject to an economic needs test. Main criteria: density conditions in the area.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev0502, CPC 5133, CPC 5223, CPC 721, CPC 74520
CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Senior management and boards of directors
Market access
Obligations
Level of Government:
National
Measures:
Law of Ship Flag and Ship Registers Act
Description:
Investment and International Maritime Transport Services
The right to fly the national flag of the Republic of Estonia is granted to seagoing vessels owned by Estonian citizens; seagoing vessels in common ownership if the greater share of the vessel is owned by Estonian co-owners. Majority ownership of a vessel flying the Estonian flag is reserved to nationals and legal persons from Member States of the EU provided that the person from another Member State of the EU has:
(a)
a residence or a permanent business establishment in Estonia, and the ship itself is not deemed to be a business establishment; or
(b)
a permanent representative whose residence or seat is in Estonia and who is responsible for compliance with the technical, social and administrative requirements established with regard to seagoing vessels in Estonia and who directly controls and monitors the use of the ship.
Reservations applicable in Finland
For the purposes of the reservations of the EU and its Member States, a regional level of government in Finland means the Åland Islands
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Market access
Level of Government:
National
Measures:
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), Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007)
Description:
Investment
At least one of the partners in a general partnership or of general partners in a limited partnership needs to have residency in the EEA or, if the partner is a 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 Finland, a trade permit is required.
Residency in the EEA is required for at least one of the ordinary and one of the deputy members of the Board of Directors and for the Managing Director. Company exemptions may be granted by the registration authority.
Sector:
Mining and quarrying
Sub-Sector:
Mining
Services incidental to mining
Engineering related scientific and technical consulting services
Ore mining
Industry Classification:
ISIC rev 3.1 120, CPC 5115, CPC 883, CPC 8675
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Kaivoslaki (Mining Act) (621/2011)
Ydinenergialaki (Nuclear Energy Act) (990/1987)
Description:
Investment and Cross-Border Trade in Services
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.
Sector:
Animal husbandry
Sub-Sector:
Reindeer husbandry
Industry Classification:
ISIC rev 3.1 014
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, s. 4
Protocol 3 to the Accession Treaty of Finland
Description:
Investment
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.
Sector:
Legal services
Sub-Sector:
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Tavaramerkkilaki (Trademarks Act) (7/1964)
Laki patenttiasiamiehistä (Patent Agent Act) (552/1967)
Laki kasvinjalostajanoikeudesta (Plant Breeder's Right Act) 1279/2009
Mallioikeuslaki (Registered Designs Act) 221/1971
Description:
Cross-Border Trade in Services
A patent agent must be resident in the EEA in order to be recorded in the Patent Agents Register, which is necessary for the practice of the profession.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Laki asianajajista (Advocates Act) (496/1958), ss. 1 and 3, Oikeudenkäymiskaari (4/1734) (Code of Judicial Procedure)
Description:
Cross-Border Trade in Services
For admission to the Bar, which is required for the use of the Finnish title ‘asianajaja’, EEA residency is required. Legal services, including domestic law, may also be provided by non-Bar members.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Tilintarkastuslaki (Auditing Act) (459/2007)
Sectoral laws requiring the use of locally-licensed auditors
Description:
Investment and Cross-Border Trade in Services
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.
Sector:
Business services
Sub-Sector:
Translation services
Industry Classification:
Part of CPC 87905
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), s. 2(1))
Description:
Cross-Border Trade in Services
Residency in EEA is required for certified translators.
Sector:
Other services
Sub-Sector:
Funeral, cremation and undertaking services
Industry Classification:
Part of CPC 9703
Type of Reservation:
Market access
Level of Government:
National
Measures:
Hautaustoimilaki (Act on Burial Service) (457/2003)
Description:
Investment
Cremation services and operation/maintenance of cemeteries and graveyards can only be performed by the state, municipalities, parishes, religious communities or non-profit foundations or societies.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Merilaki (Maritime Act) 674/1994
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Foreign investors must have their principal office in Finland in order to register a vessel on the national shipping register.
A ship can be considered Finnish and has the right to fly the Finnish flag only where a Finnish national or company owns more than sixty per cent of the vessel.
Sector:
Transport
Sub-Sector:
Supporting services for water transport
Industry Classification:
CPC 745
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Obligations
Level of Government:
National
Measures:
Merilaki (Maritime Act) (674/1994)
Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919), s. 4
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
Supporting services for maritime transport when provided in Finnish maritime waters or internal waterways are reserved to fleets operating under the national, EU or Norwegian flag.
Reservations applicable in France
Sector:
Agriculture and hunting
Sub-Sector:
Industry Classification:
ISIC rev 3.1 011, ISIC rev 3.1 012, ISIC rev 3.1 013, ISIC rev 3.1 014, ISIC rev 3.1 015
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Code rural et de la pêche maritime: art. R331-1 on installation and art. L. 529-2 on agricultural co-operatives
Description:
Investment
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.
Sector:
Fishing
Sub-Sector:
Fishing and aquaculture
Services incidental to fishing
Industry Classification:
ISIC rev 3.1 050, CPC 882
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Code rural et de la pêche maritime: art. L921-3
Description:
Investment
A French vessel flying the French flag may be issued a fishing authorisation or may be allowed to fish on the basis of national quotas only when a real economic link on the territory of the France is established and the vessel is directed and controlled from a permanent establishment located on the territory of France.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Loi du 31 décembre 1971, art. 56
Loi 90-1258 relative à l'exercice sous forme de société des professions libérales
Loi 90-1259 du 31 décembre 1990, art. 7
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of French law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar. Only nationals of a Member State of the EEA or ofthe Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of French law.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Respresentation before the ‘
Cour de Cassation
’ and ‘
Conseil d'Etat
’ is subject to quotas. In a law firm providing services in respect of French or EU law, at least 75 per cent of the partners holding 75 per cent of the shares shall be lawyers fully admitted to the Bar in France.
Sector:
Business services
Sub-Sector:
Accounting and bookkeeping services
Auditing services
Taxation advisory services
Industry Classification:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220, CPC 863
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Ordonnance 45-2138 du 19 septembre 1945, arts. 3, 7, 26, 27
Description:
Investment and Cross-Border Trade in Services
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.
For accounting and bookkeeping services: provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions), AGC (Association de gestion et comptabilité) or SCP (Société civile professionnelle) only. For taxation advisory services, provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP (Société civile professionnelle) only.
For statutory audits: provision through any company form except SNC (Société en nom collectif), SCS (Société en commandite simple).
Sector:
Business services
Sub-Sector:
Architectural services
Industry Classification:
CPC 8671
Type of Reservation:
Market access
Level of Government:
National
Measures:
Loi 90-1258 relative à l'exercice sous forme de société des professions libérales.
Décret 95-129 du 2 février 1995 relatif à l'exercice en commun de la profession d'architecte sous forme de société en participation.
Décret 92-619 du 6 juillet 1992 relatif à l'exercice en commun de la profession d'architecte sous forme de société d'exercice libéral à responsabilité limitée SELARL, société d'exercice libéral à forme anonyme SELAFA, société d'exercice libéral en commandite par actions SELCA.
Loi 77-2 du 3 janvier 1977, arts. 12, 13, 14
Description:
Investment
An architect may only establish in France in order to provide architectural services using one of the following legal forms (on a non-discriminatory basis):
SA et SARL (sociétés anonymes, à responsabilité limitée), EURL (Entreprise unipersonnelle à responsabilité limitée), SCA (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 par actions simplifiée) or SAS (Société par actions simplifiée), or as individual or as a partner in an architectural firm.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Code rural et de la pêche maritime arts. L241-1; L241-2; L241-2-1
Description:
Investment and Cross-Border Trade in Services
Nationality condition limited to nationals of a Member State of the EU and the EEA. Insofar as Canada allows French citizens to provide veterinary services then France will allow Canadian service suppliers to provide veterinary services under the same conditions.
The legal forms available to a company providing veterinary services are limited to three types of companies (SEP (Société en participation); SCP (Société civile professionnelle); and SEL (Société d'exercice liberal).
Sector:
Business services
Sub-Sector:
Related scientific and technical consulting services
Industry Classification:
CPC 8675
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
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
Description:
Investment and Cross-Border Trade in Services
For surveying, access through a SEL (anonyme, à responsabilité limitée ou en commandite par actions), SCP (Société civile professionnelle), SA and SARL (sociétés anonymes, à responsabilité limitée) only.
Foreign investors are required to have a specific authorisation for exploration and prospecting services.
Sector:
Distribution
Sub-Sector:
Retail
Industry Classification:
CPC 631, CPC 632
Type of Reservation:
Market access
Level of Government:
National
Measures:
Art. L752-1 à L752-6 du code de commerce
Description:
Investment
The authorisation for large department stores is subject to an Economic Needs Test.
Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.
Sector:
Distribution
Sub-Sector:
Distribution of tobacco
Industry Classification:
Part of CPC 6222, part of CPC 6310
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Code général des impôts, art. 568 et articles 276-279 de l'annexe 2 de ce code
Description:
Investment
State monopoly on wholesale and retail sales of tobacco.
Nationality condition for tobacconists (buraliste).
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Code de la santé publique, arts. 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 )
Description:
Investment
EEA or Swiss nationality is required in order to operate a pharmacy.
Foreign pharmacists may be permitted to establish within annually established quotas.
Commercial presence must take one of the legal forms which are allowed under national law on a non-discriminatory basis: anonyme, à responsabilité limitée ou en commandite par actions (SEL), société en nom collectif (SNC), société de participations financières de profession libérale de pharmaciens d'officine and SARL only
Sector:
Education services
Sub-Sector:
Privately funded primary, secondary, and higher education services
Industry Classification:
CPC 921, CPC 922, CPC 923
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Code de l'éducation, Arts. L 444-5, L 914-4, L 441-8, L 731-8, L 731-1 to 8
Description:
Cross-Border Trade in Services
Nationality of a Member State of the EU is required in order to teach in a privately funded educational institution.
However, nationals of Canada may obtain an authorisation from the relevant competent authorities in order to teach in primary, secondary and higher level educational institutions.
Nationals of Canada may also obtain an authorisation from the relevant competent authorities in order to establish and operate or manage primary, secondary or higher level educational institutions. Such authorisation is granted on a discretionary basis.
Sector:
Health and social services
Sub-Sector:
Industry Classification:
CPC 931, CPC 933
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Loi 90-1258 relative à l'exercice sous forme de société des professions libérals, 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, art. L6122-1, L6122-2 (Ordonnance 2010-177 du 23 février 2010)
Description:
Investment and Cross-Border Trade in Services
While other types of legal form are available for EU investors, foreign investors only have access to the legal forms of ‘société d'exercice liberal’ and ‘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 anonyme, à responsabilité limitée ou en commandite par actions (SEL) 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.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Code des douanes, Art. 219
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Foreign investors that are not nationals of a Member State of the EU or not incorporated or having their principal office in the EU or the EEA, cannot own 50 per cent or more of a French flag seagoing vessel.
The above reservation does not apply to ships that would satisfy the French flag ownership requirements after the exercise of a lease-option. It also does not apply to a ship that is bareboat chartered to a charterer that would satisfy the ownership requirements and is actually making use of the ship.
Reservations applicable in Germany
Sector:
Manufacturing
Sub-Sector:
Newspapers, journals and periodicals, appearing at least four times a week and newspapers, journals and periodicals, appearing less than four times a week
Industry Classification:
ISIC rev 3.1 223, ISIC rev 3.1 224
Type of Reservation:
National treatment
Level of Government:
National — Regional (sub-federal)
Measures:
§ 10 Abs. 1 Nr. 4 Landesmediengesetz (LMG) Rheinland-Pfalz v. 4. Februar 2005, GVBl. S. 23 in der Fassung vom 20. Dezember 2011, GVBl. S. 427
§ 9 Abs. 1 Nr. 1 Gesetz über die Presse Baden-Württemberg (LPG BW) v. 14 Jan. 1964, GBl. S.11, geändert durch Gesetz v. 17. Dez. 2009, GBl. S. 809
§ 9 Abs. 1 Nr. 1 Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW) v. 24. Mai 1966 (GV. NRW. S. 340), zuletzt geändert durch Artikel 7 des Gesetzes vom 18. November 2008 (GV. NRW. S. 706)
§ 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 zuletzt geändert durch Gesetz v. 18. Nov. 2009, GVBl. S. 674
§ 10 Abs. 1 Nr. 1 Brandenburgisches Landspressegesetz (BbgPG) v. 13. Mai 1993, GVBl. I/93, S. 162, zuletzt geändert durch Gesetz v. 21. Juni 2012, GVBl. I/12, S. 1
§ 9 Abs. 1 Nr.1 Gesetz über die Presse Bremen (BrPrG), Brem. GBl. 1965, S. 63; zuletzt geändert durch Nr. 2.1 i.V.m. Anl.1 ÄndBek vom 24.1.2012 (Brem.GBl. S.24)
§ 7 Abs. 3 Nr. 1 Hessisches Pressegesetz (HPresseG) v. 12. Dezember 2004, GVBl. 2004 I S.2, zuletzt geändert durch Gesetz vom 13. Dezember 2012, GVBl. S. 622
§ 7 Abs. 2 i.V.m § 9 Abs.1 Ziffer 1 Thüringer Pressegesetz (TPG) v. 31. Juli 1991, GVBl. 1991 S. 271 in der Fassung v. 16. Juli 2008, GvBl. S. 243
§ 9 Abs. 1 Nr. 1 Hamburgisches Pressegesetz v. 29. Januar 1965, HmbGVBl., S. 15, in der Fassung v. 15. Dez. 2009, HmbGVBl. S. 444, 447
§ 6 Abs. 2 Sächsisches Gesetz über die Presse (SächsPresseG) v. 3. April 1992, SächsGVBl. S. 125 zuletzt geändert durch Gesetz v. 13. August 2009, SächsGVBl. S. 438
§ 8 Abs. 2 Niedersächsisches Pressegesetz v. 22. März 1965, GVbl. S.9 zuletzt geändert durch Artikel 2 des Gesetzes vom 11.10.2010 (Nds. GVBl. S. 480)
§ 9 Abs. 1 Nr. 1 Saarländisches Mediengesetz (SMG) vom 27. Februar 2002 (Amtsbl. S. 498), zuletzt geändert durch Art. 1 ÄndG vom 22.4.2013 (Amtsbl. I S. 111)
Art. 5 Abs. 2 Bayerisches Pressegesetz in der Fassung der Bekanntmachung v. 19. April 2000 (GVBl, S. 340), zuletzt geändert durch Gesetz v. 22.12.2009 (GVBl. S. 630)
Description:
Investment
Each publicly distributed or printed newspaper, journal, or periodical must clearly indicate a ‘responsible editor’ (the full name and address of a natural person).
The responsible editor may be required to be a permanent resident of Germany, the EU or an EEA country. Exceptions may be allowed by the Federal Minister of the Interior.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
Market access
Level of Government:
National
Measures:
§ 59e, § 59f, § 206 Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Order)
Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG)
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of German law, including representation before courts. Only EEA or Swiss lawyers may be admitted to the Bar, and are thus entitled to provide legal services in respect of German law (EuRAG).
Residency (commercial presence) is required in order to obtain full admission to the Bar.
According to the Federal Lawyers Order (§§ 59e, 59f BRAO), only German lawyers, EEA lawyers, EU lawyers or lawyers of the Swiss Confederation are allowed to provide legal services through commercial presence, in the form of a Anwalts-GmbH or Anwalt-AG. Lawyers from other countries (§ 206 BRAO) may have their commercial presence in the form of Anwalts-GmbH or Anwalt-AG by acquiring minority shares only.
Sector:
Business services
Sub-Sector:
Legal services: patent lawyers
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
§ 52e, § 52 f, § 154a und § 154 b Patentanwaltsordnung (PAO)
Description:
Investment and Cross-Border Trade in Services
Third country patent lawyers (non-EU, EEA Member States or the Swiss Confederation) are not allowed to act as patent lawyers (§ 154a PAO) in Germany.
According to the Patentanwaltsordnung (§§ 52e, 52f PAO), only German patent lawyers, EEA patent lawyers, EU patent lawyers or patent lawyers of the Swiss Confederation are allowed to provide legal services through commercial presence, in the form of a Patentanwalts-GmbH or Patentanwalt-AG. Patent Lawyers from other countries (§ 154a PAO) may have their commercial presence in the form of Patentanwalts-GmbH or Patentanwalt-AG by acquiring minority shares only.
Sector:
Business services
Sub-Sector:
Accounting services
Auditing services
Industry Classification:
CPC 86211, CPC 86212 (other than accounting services), CPC 86213, CPC 86219, CPC 86220)
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Handelsgesetzbuch, HGB, (Code of Commercial Law)
Wirtschaftsprüferordnung, WPO, (Public Accountant Order)
Description:
Investment and Cross-Border Trade in Services
Auditing companies (‘Wirtschaftsprüfungsgesellschaften’) may only adopt certain German legal forms. Incorporated companies, associations limited by shares, limited liability companies, general partnerships, limited commercial partnerships, other partnerships and European companies (SE) may be recognised as ‘Wirtschaftsprüfungsgesellschaften’. 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, art. 27 WPO. The entity ‘GmbH & Co. Kommanditgesellschaft’ may carry out accounting and auditing services.
Establishment in the EU is required in order to provide auditing services. However, auditors from Canada registered in accordance with art. 134 WPO may carry out the statutory audit of annual financial 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.
Sector:
Business services
Sub-Sector:
Medical and dental services
Midwives services
Services provided by nurses
Industry Classification:
CPC 9312, CPC 93191
Type of Reservation:
National treatment
Market access
Level of Government:
National — Regional (sub-federal)
Measures:
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 Musterberufordnung fuer Aerzte (German Model professional Code for doctors)
§95,§ 99 and seq. SGB V (Social Code Book No. V), Statutory Health Insurance
§ 1 Absatz 2 and Absatz 5 Hebammengesetz (Midwife Code),
§ 291b SGB V (Social Code BookNo. V) on E-health providers
Heilberufekammergesetz des Landes Baden-Württemberg in der Fassung vom 16. 03. 1995 (GBl. BW of 17.05.1995 S. 314), zuletzt geändert durch Artikel 2 des Gesetzes zur Änderung des Landespflegegesetzes und anderer berufsrechtlicher Vorschriften vom 15.06.2010 (GBl. BW of 22.06.2010, pages 427, 431)
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 vom 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) vom 04.09.1978 (Berliner GVBl. page 1937, rev. page 1980), zuletzt geändert durch Artikel I Elftes Änderungsgesetz vom 17.03.2010 (Berliner GVBl. page 135)
§ 31 Heilberufsgesetz Brandenburg (HeilBerG) vom 28.04.2003, zuletzt geändert durch Artikel 2 des Gesetzes vom 11.06.2008 (GVBl. I page 134, 139)
Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker (Heilberufsgesetz — HeilBerG) vom 12.05.2005, zuletzt geändert durch Artikel 2 Gesetz zur Umsetzung der EU-Dienstleistungsrichtlinie im Land Bremen und Novellierung weiterer Rechtsnormen vom 24.11.2009 (Brem.GBl. page 535)
§ 29 Heilberufsgesetz (HeilBG NRW) of 09.05.2000 in der Fassung vom 17.12.2009 (GV. NRW 2009, page 865),
§ 20 Heilberufsgesetz (HeilBG Rheinland-Pfalz) of 07.02.2003 in der Fassung vom 15.09.2011 (GV. R-Pf 2011, page 425)
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) vom 24.05.1994 (SächsGVBl. page 935), zuletzt geändert durch Artikel 2 Absatz 5 des Gesetzes vom 19.05.2010 (SächsGVBl. pages 142 and 143),
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) vom 19.11.2007, zuletzt geändert durch Gesetz vom 19.11.2008 (ABl. page 1930)
Thüringer Heilberufegesetz vom 29. Januar 2002 (GVBl 2002, 125) zuletzt geändert durch Artikel 14 des Gesetzes vom 8. Juli 2009 (GVBl 2009, 592)
Description:
Investment and Cross-Border Trade in Services
Geographical restrictions may be imposed on professional registration, which apply to nationals and non-nationals alike. Doctors (including psychologists, psychotherapists, and dentists) need to register with the regional associations of statutory health insurance physicians or dentists (kassenärztliche or zahnärztliche Vereinigungen), if they wish to treat patients insured by the statutory sickness funds. This registration can be subject to quantitative restrictions based on the regional distribution of doctors. For dentists this restriction does not apply. Registration is necessary only for doctors participating in the public health scheme. Non-discriminatory restrictions on the legal form of establishment required to provide these services may exist (§ 95 SGB V).
For medical, dental and midwives services, access is restricted to natural persons only.
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 ICT (information and communications technology) -service suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards. This is applied in a non-discriminatory way.
Sector:
Health and social services
Sub-Sector:
Human health and social care services
Hospitals
Ambulance services
Rescue services
Industry Classification:
CPC 931, CPC 933
Type of Reservation:
Market access
National treatment
Level of Government:
National — Regional (sub-federal)
Measures:
Bundesärzteordnung (Federal Medical Regulation)
Gesetz über die Ausübung der Zahnheilkunde
Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und Jugendlichentherapeuten (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 den Beruf der Rettungsassistentin und des Rettungsassistenten
Gesetz über die Berufe in der Krankenpflege
Gesetz über die Berufe in der Physiotherapie
Gesetz über den Beruf des Logopäden
Gesetz über den Beruf des Orthoptisten und der Orthoptistin
Gesetz über den Beruf der Podologin und des Podologen
Gesetz über den Beruf der Diätassitentin und des Diätassistenten
Gesetz über den Beruf der Ergotherapeutin und des Ergotherapeuten
Bundesapothekerorndung
gesetz über den Beruf des pharmazeutisch-technischen Assistenten
Gesetz über technische Assistenten in der Medizin,Personenbeförderungsgesetz (Act on Public Transport)
Gesetz über den Rettungsdienst (Rettungsdienstgesetz — RDG) in Baden-Württember vom 08.02.2010 (GBl. 2010, page 285)
Bayerisches Rettungsdienstgesetz (BayRDG) vom 22.07.2008 (GVBl 2008, page 429)
Gesetz über den Rettungsdienst für das Land Berlin (Rettungsdienstgesetz) vom 08.07.1993 (GVBl. page 313) geändert durch Anlage Nr. 33 des 7. Aufhebungsgesetzes vom 04.03.2005 (GVBl. page 125)
Gesetz über den Rettungsdienst im Land Brandenburg (BbgRettG) in der Fassung vom 18.05.2005,
Gesetz über den Rettungsdienst im Lande Bremen (BremRettDG) vom 22.09.1992, zuletzt geändert durch das Gesetz vom 26.05.1998
Hamburgisches Rettungsdienstgesetz (HmbRDG) vom 09.06.1992, zuletzt geändert am 27.09.1995
Gesetz zur Neuordnung des Rettungsdienstes in Hessen (HRDG) vom 24.11.1998
Gesetz über den Rettungsdienst für das Land Mecklenburg-Vorpommern (RDGM-V) vom 01.07.1993, geändert durch Erstes Gesetz zur Änderung des RDGM-V vom 29.05.1998,
Niedersächsisches Rettungsdienstgesetz (NRettDG) vom 02.10.2007 (GVBl, page 473, zuletzt geändert am 22.02.2012 (GVBl. Page 18)
Gesetz über den Rettungsdienst sowie die Notfallrettung und den Krankentransport durch Unternehmer (RettG NRW) vom 09.11.1992, zuletzt geändert am 06.07.2004.
Landesgesetz über den Rettungsdienst sowie den Notfall- und Krankentransport (RettDG) vom 22.04.1991.
Saarländisches Rettungsdienstgesetz (SRettG) vom 09.02.1994, zuletzt geändert am 27.11.1996.
Gesetz zur Neuordnung des Brandschutzes, Rettungsdienstes und Katastrophenschutzes im Freistaat Sachsen vom 24.06.2004.
Rettungsdienstgesetz des Landes Sachsen-Anhalt (RettDG LSA) vom 07.11.1993.
Gesetz über die Notfallrettung und den Krankentransport im Land Schleswig-Holstein (RDG) vom 29.11.1991.
Thüringer Rettungsdienstgesetz (ThüRettG) vom 22.12.1992.
§ 8 Krankenhausfinanzierungsgesetz (Hospital Financing Act)
§§ 14, 30 Gewerbeordnung (German Trade, Commerce and Industry Regulation Act)
§ 108 Sozialgesetzbuch V (Social Code Book No. V), Statutory Health Insurance
§ 291b SGB V (Social Code Book No. V) E-health provider
§ 15 Sozialgesetzbuch VI (SGB VI, Social Code Book No. VI)
§ 34 Sozialgesetzbuch VII (SGB VII, Social Code Book No. VII), Unfallversicherung
§ 21 Sozialgesetzbuch IX (SGB IX, Social Code Book No. IX) Rehabilitation und Teilhabe behinderter Menschen)
§ 72 Sozialgesetzbuch XI (SGB XI, Social Code Book No. XI), Social Care Insurance Landespflegegesetze
Gesetz zur Umsetzung der Pflegeversicherung in Baden-Württemberg (Landespflegegesetz — LPflG) vom 11. September 1995, zuletzt geändert sowie Abschnitt 7 neu gefasst durch Arti-kel 1 des Gesetzes vom 15. Juni 2010 (GBl. S. 427)
Gesetz zur Ausführung der Sozialgesetze (AGSG) vom 8. Dezember 2006, zuletzt geändert durch § 3 des Gesetzes vom 20. Dezember 2011 (GVBl. S. 689)
Gesetz zur Planung und Finanzierung von Pflegeeinrichtungen (Landespflegeeinrichtungsgesetz — LPflegEG) vom 19. Juli 2002, zuletzt geändert durch Gesetz vom 19. Dezember2005 (GVBl. S. 792)
Gesetz zur Umsetzung des Elften Buches Sozialgesetzbuch
(Landespflegegesetz — LPflegeG) Vom 29. Juni 2004, zuletzt geändert durch Artikel 1 des Gesetzes vom 12. Juli 2011 (GVBl. I S. 15)
Gesetz zur Ausführung des Pflege-Versicherungsgesetzes im Lande Bremen und zur Änderung des Bremischen Ausführungs-gesetzes zum Bundessozialhilfegesetz (BremAGPflegeVG) vom 26. März 1996, zuletzt geändert durch Gesetz vom 28. Februar 2012 (GBl. S. 149)
Hamburgisches Landespflegegesetz (HmbLPG) vom 18. Sep-tember 2007, zuletzt geändert durch Gesetz vom 22. Juni 2010 (GVBl. S. 440)
Hessisches Ausführungsgesetz zum Pflege-Versicherungsgesetz vom 19. Dezember 1994, zuletzt geändert durch Gesetz vom 30. April 1997 (GVBl. I S. 74)
Landespflegegesetz (LPflegeG M-V) vom 16. Dezember 2003, zuletzt geändert durch Artikel 3 des Gesetzes vom 29. September 2010 (GVBl. S. 534)
Gesetz zur Planung und Förderung von Pflegeeinrichtungen nach dem Elften Buch Sozialgesetzbuch (Niedersächsisches Pflegegesetz — NPflegeG) vom 26. Mai 2004, zuletzt geändert durch Art.1 des Haushaltsbegleitgesetzes vom 17. Dezember 2010 (Nds.GVBl. S.631)
Gesetz zur Umsetzung des Pflege-Versicherungsgesetzes (Landespflegegesetz Nordrhein-Westfalen — PfG NW) vom 19. März 1996, zuletzt geändert durch Teil I Artikel 17 des Gesetzes vom 3. Mai 2005 (GVBl. S. 498)
Landesgesetz zur Sicherstellung und Weiterentwicklung der pflegerischen Angebotsstruktur (LPflegeASG) vom 25. Juli 2005 (GVBl 2005, S. 299) — (Rheinland-Pfalz)
Saarländisches Gesetz Nr. 1355 zur Planung und Förderung von Pflegeeirich-tungen vom 21. Juni 1995, zuletzt geändert durch Gesetzes vom 1. Juli 2009 (ABl. S. 1217)
Sächsisches Pflegegesetz (SächsPflegeG) vom 25. März 1996 ist zum 31.12.2002 außer Kraft getreten)
Ausführungsgesetz zum Pflege-Versicherungsgesetz (PflegeV-AG) vom 7. August 1996, zuletzt geändert durch Art. 1 des Ge-setzes vom 10. August 2007 (GVBl. S. 306)
Ausführungsgesetz zum Pflege-Versicherungsgesetz (Landes-pflegegesetz — LPflegeG) vom 10. Februar 1996, zuletzt geän-dert durch Art. 63 LVO vom 15. September 2010 (GVOBl. S. 575)
Thüringer Gesetz zur Ausführung des Pflege-Versicherungs-gesetzes (ThürAGPflegeVG) vom 20. Juli 2005, zuletzt geändert durch Gesetz vom 8. Juni 2010 (GVBl. S. 206)
Personenbeförderungsgesetz (Act on Public Transport),
Landeskrankenhausgesetz Baden-Württemberg vom 29.11.2007, geändert durch Universitätsmedizingesetz vom 07.02.2011
Bavarian Act on Hospitals (Bayerisches Krankenhausgesetzes — BayKrG) vom 28.03.2007, geändert durch das Nachtragshaus¬halts¬gesetz 2008 vom 23.04.2008, ss. 2 and 3
§§ 12, 13, 14 Krankenhausentwicklungsgesetz Brandenburg (BbgKHEG) vom 08.07.2009 (GVBl. I/09, page 310),
Berliner Gesetz zur Neuregelung des Krankenhausrechts vom 18.09.2011 (GVBl. page 483)
Bremisches Krankenhausgesetz (BrmKrHG) vom 12.04.2011 (Gesetzblatt Bremen vom 29.04.2011)
Hamburgisches Krankenhausgesetz (HmbKHG) vom 17.04.1991 (HmbGVBl. Page127), geändert durch zweites ÄndG vom 06.10.2006 (HmbGVBl. page 510)
§§ 17-19 Hessisches Krankenhausgesetz 2011 (HKHG 2011) vom 21.12.2010 (GVBl. I 2010, Seite 587)
Krankenhausgesetz für das Land Mecklenburg-Vorpommern (LKHG M-V) vom 20.05.2011 (GVOBl. M-V 2011, page 327),
Niedersächsisches Krankenhausgesetz (NKHG) vom 19.01.2012 (Nds. GVBl. Nr. 1 vom 26.01.2012, page 2)
Krankenhausgestaltungsgesetz des Landes Nordrhein-Westfalen (KHGG NRW) vom 11.12.2007 (GV. NRW page 702), geändert am 16.03.2010 (GV. NRW page 184)
§ 6 Landeskrankenhausgesetz Rheinland-Pfalz (LKG Rh-Pf) in der Fassung vom 01.12.2010 (GVBl. page 433)
Saarländisches Krankenhausgesetz (SKHG) vom 13.07.2005, zuletzt geändert durch Gesetz vom 18.11.2010 (Saarl. Amtsbl. I page 1420)
Gesetz zur Ausführung des Krankenhausfinan¬zierungs¬gesetzes (AG-KHG) in Schleswig-Holstein vom 12.12.1986 (GVOBl. Schl.-H. page 302), zuletzt geändert am 12.10.2005
§ 3 Krankenhausgesetz Sachsen-Anhalt (KHG LSA) vom 14.04.2005 (GVBl. LSA 2005, page 202)
Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz — SächsKHG) vom 19.08.1993 (Sächs GVBl. page 675), zuletzt geändert durch Sächsisches Standortegesetz vom 27.01.2012 (SächsGVBl. Seite 130)
§ 4 Thüringischer Krankenhausgesetz (Thür KHG) in der Fassung der Neubekanntmachung 30.04.2003 (GVBl. page 262)
Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz — SächsKHG) vom 19. August 1993 (SächsGVBl. page 675), zuletzt geändert durch Artikel 50 des Gesetzes vom 27. Januar 2012 (SächsGVBl. page 130, 147)
Description:
Investment and Cross-Border Trade in Services
Rescue services and ‘qualified ambulance services’ are organised and regulated by the Länder. Most Länder delegate competences in the field of rescue services to municipalities. Municipalities are allowed to give priority to not-for-profit operators. This applies equally to foreign as well as domestic service suppliers. 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 ICT (information and communications technology)-service suppliers may be limited to guarantee interoperability, compatibility and necessary safety standards. This is applied in a non-discriminatory way.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
Market access
Level of Government:
National — Regional (sub-federal)
Measures:
Federal Code for the Veterinary Profession (Bundes- Tierärzteordnung in der Fassung der Bekanntmachung vom 20. November 1981 (BGBl. I S. 1193), die zuletzt durch Artikel 22 des Gesetzes vom 06.12.2011 (BGBl. I S. 2515) geändert worden ist, § 4Abs. 2)
sub-central level:
Acts on the Councils for the Medical Profession of the Länder (Heilberufs- und Kammergesetze der Länder) and (based on these) Baden-Württemberg
,
 Gesetz über das Berufsrecht und die Kammern der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen Psychotherapeuten sowie der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz — HBKG) in der Fassung vom 16.03.1995
Bayern, Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz — HKaG) in der Fassung der Bekanntmachung vom 06.02.2002
Berlin, Gesetz über die Kammern und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und Jugendlichenpsychotherapeuten (Berliner Kammergesetz) in der Fassung vom 04.09.1978 (GVBl. S. 1937), zuletzt geändert durch Gesetz vom 17.03.2010 (GVBl. S. 135)
Brandenburg, Heilberufsgesetz (HeilBerG) Vom 28.04.2003 (GVBl.I/03, [Nr. 07], S.126), zuletzt geändert durch Artikel 18 des Gesetzes vom 13.03.2012 (GVBl.I/12, [Nr. 16]
Bremen, Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker (Heilberufsgesetz — HeilBerG) vom 12.05.2005, (Brem.GBl. S. 149) Zuletzt geändert durch Nr. 2.1 i.V.m. Anl. 1 ÄndBek vom 24.01.2012 (Brem.GBl. S. 24)
Hamburg, Hamburgisches Kammergesetz für die Heilberufe (HmbKGH) Vom 14.12.2005 Zum Ausgangs- oder Titeldokument (HmbGVBl. 2005, S. 495) zuletzt geändert durch Gesetz vom 02.03.2010 (HmbGVBl. S. 247)
Hessen, Gesetz über die Berufsvertretungen, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und Jugendlichenpsychotherapeuten (Heilberufsgesetz) in der Fassung vom 07.02.2003, zuletzt geändert durch Artikel 3 des Gesetzes vom 14.05.2012 (GVBl. S. 126)
Mecklenburg-Vorpommern, Heilberufsgesetz (HeilBerG) Vom 22.01.1993 (GVOBl. M-V 1993, S. 62) zuletzt geändert durch Artikel 3 des Gesetz zur Ergänzung und Änderung von Gesundheitsrecht und zur Änderung des Aufgabenzuordnungsgesetzes vom 06.07.2011
Niedersachsen, Kammergesetz für die Heilberufe
(HKG) in der Fassung vom 08.12.2000 zuletzt geändert durch Gesetz vom 09.05.2012 (Nds. GVBl. S. 100)
Nordrhein-Westfalen, Heilberufsgesetz NRW (HeilBerg) vom 9. Mai 2000 (GV. NRW. 2000 S. 403ff.) zuletzt geändert durch Gesetz vom 17. Dezember 2009 (GV.NRW 2009 S. 865f)
Rheinland-Pfalz, Heilberufsgesetz (HeilBG) vom 20.10.1978, zuletzt geändert durch Artikel 4 des Gesetzes vom 27.10.2009 (GVBl. S. 358)
Saarland, Gesetz Nr. 1405 über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte/Ärztinnen, Zahnärzte/Zahnärztinnen, Tierärzte/Tierärztinnen und Apotheker/Apothekerinnen im Saarland (Saarländisches Heilberufekammergesetz — SHKG) vom 11.03.1998 in der Fassung der Bekanntmachung vom 19.11.2007 (Amtsbl. S. 2190) geändert durch das Gesetz vom 19.11.2008 (Amtsbl. S. 1930)
Sachsen, Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten im Freistaat Sachsen (Sächsisches Heilberufekammergesetz — SächsHKaG) vom 24.05.1994, Rechtsbereinigt mit Stand vom 5. Juni 2010
Sachsen-Anhalt, Gesetz über die Kammern für Heilberufe Sachsen-Anhalt (KGHB-LSA) vom 13.07.1994 (GVBl. LSA 1994, S. 832) zuletzt geändert durch Artikel 4 des Gesetzes vom 02.02.2011 (GVBl. LSA S. 58)
Schleswig-Holstein, Gesetz über die Kammern und die Berufsgerichtsbarkeit für die Heilberufe (Heilberufekammergesetz — HBKG) vom 29. Februar 1996, zuletzt geändert durch Gesetz vom 13.07.2011 (GVOBl. S. 221)
Thüringen, Thüringer Heilberufegesetz (ThürHeilBG) in der Fassung der Bekanntmachung vom 29.01.2002 (GVBl 2002, S. 125) zuletzt geändert durch Artikel 14 des Gesetzes vom 08.07.2009 (GVBl. S. 592)
Codes of Professional Conduct of the Veterinary Practitioners' Councils (
Berufsordnungen der Kammern
)
Description:
Cross-Border Trade in Services
Access is restricted to natural persons.
Telemedicine may only be provided in the context of a primary treatment involving the prior physical presence of a doctor.
Sector:
Business services
Sub-Sector:
Supply services of support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
National treatment
Level of Government:
National
Measures:
§ 1 and 3 Abs 5 Arbeitnehmerüberlassungsgesetz –AÜG, § 292 SGB III, § 42 Beschäftigungsverordnung
Description:
Investment and Cross-Border Trade in Services
Nationality of a Member State of the EU 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 paras. 2 and 3 of this Act)
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.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
§ 2 para 2, § 11a Apothekengesetz (German Pharmacy Act), §§ 43 para. 1, 73 para. 1 Nr. 1a
Arzneimittelgesetz (German Drugs Act),
§ 11 Abs. 3a Medizinproduktegesetz
Verordnung über Vertriebswege für Medizinprodukte
Description:
Investment
Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
Residency is required in order to obtain a licence as a pharmacist or to open a pharmacy for the retail of pharmaceuticals and certain medical goods to the public.
Nationals of other countries or persons who have not passed the German pharmacy exam may only obtain a licence to take over a pharmacy which has already existed during the preceding three years.
The total number of pharmacies per person is restricted to one pharmacy and up to three branch pharmacies.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
§ 1 und § 2 Flaggenrechtsgesetz vom 8. Februar 1951 (BGBl. I S. 79), das durch Artikel 561 der Verordnung vom 31. August 2015 (BGBl. I S. 1474) geändert worden ist. § 3 Abs. 2 Schiffsregisterordnung in der Fassung der Bekanntmachung vom 26. Mai 1994 (BGBl. I S. 1133), die zuletzt durch Artikel 156 der Verordnung vom 31. August 2015 (BGBl. I S. 1474) geändert worden ist.
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
In order to register a seagoing vessel on the national shipping register, the majority of shares in a vessel must be owned by nationals of a Member State of the EU or companies established in accordance with EU law and that have their principal place of business in a Member State of the EU. The use of the vessel must be headed and supervised by persons residing in Germany
Sector:
Transport
Sub-Sector:
Water transport
Supporting services for water transport
Rental of ships
Leasing or rental services concerning vessels without operators
Industry Classification:
CPC 72, CPC 745, CPC 83103, CPC 86751, CPC 86754, CPC 8730
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Obligations
Level of Government:
National — Regional (sub federal)
Measures:
§§ 1, 2 Flaggenrechtsgesetz (Flag Protection Act),§ 2 Verordnung über die Küstenschifffahrt vom 05.07. 2002,
§§ 1, 2 Binnenschifffahrtsaufgabengesetz (BinSchAufgG)
Vorschriften aus der (Schifffahrts-) Patentverordnung in der Fassung vom 08.04.2008
§ 9 Abs.2 Nr. 1 Seelotsgesetz vom 08.12. 2010 (BGBl. I S. 1864)
§ 1 Nr. 9, 10, 11 und 13 Seeaufgabengesetz (SeeAufgG),
See-Eigensicherungsverordnung vom 19.09.2005 (BGBl. I S. 2787), geändert durch Artikel 516 Verordnung vom 31.10.2006 (BGBl. I S. 2407)
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
A vessel that does not belong to a national of a Member State of the EU may be used in the German federal waterways only after specific authorisation.
Cabotage operations may only be performed by vessels flying German or another Member State of the EU flag. 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 Canadian flag may be granted on the basis of reciprocity (§ 2 para. 3 KüSchVO)
All activities falling within the scope of the pilot law are regulated and accreditation is restricted to nationals of a Member State of the EU, a Member State of the EEA or the Swiss Confederation.
For rental or leasing of ships with or without operators, 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 of the EU.
Transactions between residents and non-residents concerning:
(a)
the rental of internal waterways vessels, which are not registered in the economic area;
(b)
the transport of freight with such internal waterways vessels; or
(c)
the towing services by such internal waterways vessels
within the economic area may be restricted.
Reservations applicable in Greece
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law No. 1892/90
Description:
Investment
For foreign natural or legal persons, discretionary permission from the Ministry of Defence is needed for 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 such company.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Lawyers Code (Law 3026/1954), as amended by Presidential Decree 172/1989
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. Only nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Presidential Decree 226/1992
Law 3693/2008 on Auditing Standards (Implementation of Directive 2006/43/EC)
Law 3386/2005 on the entry, residency and integration of foreign nationals in Greece
Law 3844/2010 on Services (Implementation of Directive 2006/123/EC)
Description:
Cross-Border Trade in Services
Nationality of a Member State of the EU is required in order to obtain a licence to be a statutory auditor. By Regulatory Act, the ELTE (Epitropi Logistikis Typopoiissis Kai Elenchon) (Oversight Body in Greece) may issue a licence to an auditor who is a national of Canada or of any third country if, in its discretion, the conditions laid down in Articles 4 and 6 to 11 of Law 3693/2008 is met.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Presidential Decree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B)
Description:
Cross-Border Trade in Services
Nationality of a Member State of the EU is required to supply veterinary services.
Sector:
Business services and health and social services
Sub-Sector:
Services provided by nurses, physiotherapists and paramedical personnel
Industry Classification:
Part of CPC93123, CPC 93191
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law 1666/1986
Description:
Cross-Border Trade in Services
Greek nationality is required for dental technicians.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011
Description:
Investment
Only natural persons, who are licenced pharmacists, and companies founded by licenced pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
Nationality of a Member State of the EU is required in order to operate a pharmacy.
Sector:
Education services
Sub-Sector:
Primary education services
Secondary education services
Industry Classification:
CPC 921, CPC 922
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
Laws 682/1977, 284/1968, 2545/1940 and Presidential Decree 211/1994 as amended by Presidential Decree 394/1997
Description:
Investment
Nationality of a Member State of the EU 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.
Sector:
Education services
Sub-Sector:
Higher education services
Industry Classification:
CPC 923
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Constitution of Hellas, art. 16, par. 5 and Law 3549/2007
Description:
Investment
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.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
Market access
Level of Government:
National
Measures:
Legislative Decree 400/1970
Description:
Financial Services
The right of establishment does not cover the creation of representative offices or other permanent presence of insurance companies, except where such offices are established as agencies, branches or head offices.
Sector:
Tourism and travel related services
Sub-Sector:
Tourist guides services
Industry Classification:
CPC 7472
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Presidential Decree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette 2157/B)
Description:
Cross-Border Trade in Services
Nationality of a Member State of the EU is required in order to provide tourist guide services.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Code of Public Maritime Law (Decree no 187/1973, as amended by Presidential Decree no 11/2000, art. 5
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Over 50 per cent of shares of a seagoing vessel must be owned by EU or nationals of a Member State of the EEA or companies in order to be registered on the registry of Greece. The vessel must be managed from Greece.
Sector:
Transport
Sub-Sector:
Supporting services for water transport
Industry Classification:
CPC 745
Type of Reservation:
Market access
Level of Government:
National
Measures:
Code of Public Maritime Law (Legislative Decree 187/1973)
Description:
Investment
Public monopoly imposed in port areas for cargo-handling services.
Sector:
Road transport
Sub-Sector:
Operators of road freight transport services
Industry Classification:
CPC 7123
Type of Reservation:
National treatment
Most-favoured-nation treatment
Level of Government:
National
Measures:
Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette A' 174), as amended by art. 5 of law 4038/2012 (Government Gazette A' 14)-EC Regulations 1071/2009 and 1072/2009
Description:
Investment and Cross-Border Trade in 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 Road freight transport operations established in Greece may only use vehicles that are registered in Greece.
Reservations applicable in Hungary
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Government Decree No. 251/2014 (X. 2.)
Description:
Investment
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.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
ACT XI of 1998 on Attorneys at Law
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Hungarian law, including representation before courts. Full admission to the Bar is subject to a nationality condition, coupled with a residency requirement.
Only nationals of a Member State of the EEA may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law.
Commercial presence should take the form of partnership with a Hungarian barrister (
ügyvéd
) or a barrister's office (
ügyvédi iroda
).
For foreign lawyers, the scope of legal activities is limited to the provision of legal advice on home country and international law, which shall take place on the basis of a collaboration contract concluded with a Hungarian attorney or a law firm.
Sector:
Legal services
Sub-Sector:
Patent agents
Industry Classification:
CPC 8613
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act XXXII of 1995 on Patent Attorneys
Description:
Cross-Border Trade in Services
For supplying patent agent services, residency is required for non-nationals of a Member State of the EEA.
Sector:
Professional services
Sub-Sector:
Taxation advisory services
Architectural services
Engineering services
Integrated engineering services
Industry Classification:
CPC 863, CPC 8671, CPC 8672, CPC 8673
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Act LVIII of 1996 on the Professional Chambers of Architects and Engineers
Act XCII of 2003 on the Rules of Taxation, Decree of the Ministry of Finance No. 26/2008 on the licensing and registration of taxation advisory activities
Description:
Cross-Border Trade in Services
The provision of the following services, insofar as they are being supplied by a physical person present in the territory of Hungary, requires residency:
(a)
Taxation advisory services;
(b)
Architectural services;
(c)
Engineering services (only applicable to graduate trainees); and
(d)
Integrated Engineering services.
Sector:
Professional services
Sub-Sector:
Landscape architectural services
Industry Classification:
CPC 8674
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act LVIII of 1996 on the Professional Chambers of Architects and Engineers
Description:
Cross-Border Trade in Services
The supply of landscape architectural services by non-nationals of a Member State of the EEA requires residency. The supply of landscape architecture services is therefore only available to service suppliers established or resident in the EEA.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how to supply Veterinary services
Description:
Investment and Cross-Border Trade in Services
For supplying veterinary services, membership of the Hungarian Veterinary Chamber is required. Only nationals of a Member State of the EEA may be admitted to the Chamber.
Authorisation for establishment is subject to an economic needs test. Main criteria: labour market conditions in the sector.
Sector:
Business services
Sub-Sector:
Services related to management consulting — arbitration and conciliation services
Industry Classification:
CPC 86602
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act LV of 2002 on Mediation
Description:
Cross-Border Trade in Services
An authorisation, by means of admission into the register, by the minister in charge of the juridical system is required for the pursuit of mediation (such as arbitration and conciliation) activities which may only be granted to juridical or natural persons that are established in or resident in Hungary.
Sector:
Business services
Sub-Sector:
Translation services
Industry Classification:
CPC 87905
Type of Reservation:
Market access
Level of Government:
National
Measures:
Decree of the Council of Ministers No. 24/1986 on Official translation and interpretation
Description:
Investment and Cross-Border Trade in Services
Official translations, official certifications of translations, and certified copies of official documents in foreign languages may only be provided by the Hungarian Office for Translation and Attestation (OFFI).
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
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
Description:
Investment
EEA nationality is required in order to operate a pharmacy.
Establishment authorisation is subject to an economic needs test. Main criteria: density conditions in the area.
Sector:
Financial services
Sub-Sector:
Banking and other financial services
Industry Classification:
CPC 811, CPC 813
Type of Reservation:
Cross-border supply of financial services
Level of Government:
National
Measures:
Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises
Description:
Financial Services
Non-EEA companies may provide financial services or engage in activities auxiliary to financial services solely through their Hungarian branch.
Sector:
Financial services
Sub-Sector:
Banking and other financial services
Industry Classification:
CPC 811, CPC 813
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; Act CXX of 2001 on the Capital Market
Description:
Financial Services
The board of directors of a credit institution shall have at least two members recognised as resident according to foreign exchange laws and having had prior permanent residence in Hungary for at least one year.
Branches of non-EEA investment fund management companies may not engage in the management of European investment funds and may not provide asset management services to private pension funds.
Sector:
Tourism and travel related services
Sub-Sector:
Travel agencies and tour operators services
Tourist guide services
Industry Classification:
CPC 7471, CPC 7472
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act CLXIV of 2005 on Trade, Government Decree No. 213/1996 (XII.23.) on Travel Organization and Agency Activities
Description:
Cross-Border Trade in Services
The supply of Travel Agent and Tour Operators services, and Tourist Guide Services on a cross-border basis is subject to a licence issued by the Hungarian Trade Licensing Office. Licences are reserved to nationals of a Member State of the EEA and juridical persons having their seats in the EEA Member States.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Act XLII of 2000 on Shipping
Description:
Investment and International Maritime Transport Services
To register a vessel in Hungary in order to fly a national flag, a majority EEA-ownership of the vessel is required. EEA nationality is required for the captain and first officer of vessels.
Reservations applicable in Ireland
Sector:
Agriculture and hunting
Sub-Sector:
Industry Classification:
ISIC rev 3.1 1531
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Agriculture Produce (Cereals) Act, 1933
Description:
Investment
Establishment by Canadian residents in flour milling activities is subject to authorisation.
Sector:
Mining and quarrying
Sub-Sector:
Mining of coal and lignite
Extraction of peat
Mining of metal ores
Other mining and quarrying
Services Incidental to Mining
Industry Classification:
ISIC rev 3.1 10, ISIC rev 3.1 13, ISIC rev 3.1 14, CPC 883
Type of Reservation:
National treatment
Market access
Level of Government:
National and regional
Measures:
Minerals Development Acts 1940 — 1999, Planning Acts and Environmental Regulations
Description:
Investment and Cross-Border Trade in Services
A Prospecting License gives the holder the right to explore for certain specific minerals. Only holders of current Prospecting Licenses are considered for State Mining Leases or Licenses to develop such minerals within the lease or licence area, whether the minerals are State-owned or privately-owned.
Exploration and mining companies operating in Ireland are required to have a presence there. In the case of minerals exploration, there is a requirement that companies (Irish and foreign) employ either the services of an agent or a resident exploration manager in Ireland while work is being undertaken. In the case of mining, it is a requirement that a State Mining Lease or License be held by a company incorporated in Ireland, which has power in its memorandum of association to comply with the various covenants in the Lease or License.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Solicitors Acts 1954-2011
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Irish law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Lawyers in Ireland are divided into two distinct categories: solicitors and barristers. The Law Society of Ireland is the statutory legal professional body that governs admission of solicitors in Ireland. The Honorable Society of King's Inns governs the admission of barristers in Ireland.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
Market access
Level of Government:
National
Measures:
Veterinary Practice Act 2005
Description:
Investment and Cross-Border Trade in Services
Access through partnership or natural persons only.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Mercantile Marine Act 1955 as amended by the Merchant Shipping (Miscellaneous Provisions) Act 1998
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Foreign investors investing in a body corporate established under and subject to the law of a Member State of the EU, and which has its principal office in Ireland or another Member State of the EU, may register a vessel on the Irish Ship Register.
Reservations applicable in Italy
Sector:
Publishing and printing
Sub-Sector:
ISIC rev 3.1 221, ISIC rev 3.1 222
Industry Classification:
National treatment
Market access
Type of Reservation:
Most-favoured-nation treatment
Level of Government:
National
Measures:
Law 416/1981, art. 1 (and subsequent amendments)
Description:
Investment
In so far as Canada and its provinces and territories allow Italian nationals and enterprises to conduct these activities, Italy will allow nationals of Canada and enterprises to conduct these activities under the same conditions.
In so far as Canada and its provinces and territories allow Italian investors to own more than 49 per cent of the capital and voting rights in a Canadian publishing company, then Italy will allow Canadian investors to own more than 49 per cent of the capital and voting rights in an Italian publishing company under the same conditions.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Royal Decree 1578/1933, art. 17 law on the legal profession
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Italian law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar.
To provide legal services in respect of EU and Italian law, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector:
Business services
Sub-Sector:
Accounting and bookkeeping services
Auditing services
Taxation advisory services
Industry Classification:
CPC 86211, CPC 86212,CPC 86213, CPC 86219, CPC 86220, CPC 863
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Auditing: Legislative Decree 58/1998, art. 155, 158 and 161
Decree of the President of the Republic 99/1998
Legislative Decree 39/2010, art. 2
Accounting, Bookkeeping and Taxation: Legislative Decree 139/2005, Law 248/2006
Description:
Cross-Border Trade in Services
For auditing services or taxation advisory services, residency in Italy is required for individual auditors or tax advisors.
Residence or business domicile is required for enrolment in the professional register, which is necessary for the provision of accounting and bookkeeping services.
Sector:
Business services
Sub-Sector:
Architectural services
Engineering services
Urban planning and landscape architectural services
Industry Classification:
CPC 8671, CPC 8672, CPC 8673, CPC 8674
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Royal Decree 2537/1925 regulation on the profession of architect and engineer
Law 1395/1923
Decree of the President of the Republic (D.P.R.) 328/2001
Description:
Cross-Border Trade in Services
Residency in Italy is required for enrolment in the professional register, which is necessary for the practice of the profession.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Legislative Decree C.P.S. 233/1946, arts. 7-9
Decree of the President of the Republic (DPR) 221/1950, para. 7
Description:
Cross-Border Trade in Services
Residency in Italy is required for enrolment in the professional register, which is necessary for the practice of the profession.
Sector:
Business services
Sub-Sector:
Research and experimental development services on social sciences and humanities — psychologists
Industry Classification:
CPC 852
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law 56/1989 on the psychologist profession
Description:
Cross-Border Trade in Services
Residency in Italy is required for enrolment in the professional register, which is necessary for the practice of the profession. Nationality of a Member State of the EU is required to practice the profession, except foreign professionals may be allowed to practice based on reciprocity.
Sector:
Business services
Sub-Sector:
Engineering related scientific and technical consulting services
Technical testing and analysis services
Services incidental to agriculture
Industry Classification:
CPC 8675, CPC 8676, part of CPC 881
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Geologists: Law 112/1963, arts. 2 and 5; D.P.R. 1403/1965, art. 1
Biologists, chemical analysts: Law 396/1967 on the profession of biologists; Royal Decree 842/1928 on the profession of chemical analysts
Agronomists: Law 3/1976 on the profession of agronomists ‘Periti agrari’: Law 434/1968 as amended by Law 54/1991
Description:
Cross-Border Trade in Services
Residency or professional domicile in Italy is required for enrolment in the geologists' register, which is necessary for the practice of the professions of surveyor or geologist in order to provide services relating to exploration and the operation of mines, etc. There is a nationality of a Member State of the EU requirement, however, foreigners may enrol under condition of reciprocity.
For biologists, chemical analysts, agronomists and ‘
periti agrari
’, residency and enrolment in the professional register is required. Third country nationals can enrol under condition of reciprocity.
Sector:
Mining and quarrying
Sub-Sector:
Mining of coal and lignite
Extraction of peat
Extraction of crude petroleum and natural gas
Mining of metal ores
Other mining and quarrying
Engineering related scientific and technical consulting services
Services incidental to mining
Industry Classification:
ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.1 12, ISIC rev 3.1 13, ISIC rev 3.1 14, CPC 8675, CPC 883
Type of Reservation:
Market access
Level of Government:
National and regional (for exploration)
Measures:
Exploration services: Royal Decree 1443/1927; Legislative Decree 112/1998, art. 34
Description:
Investment and Cross-Border Trade in Services
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’, art. 4 Royal Decree 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’, art. 14) from the regional authority is required.
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law on public security (TULPS) 773/1931, arts. 133-141,
Royal Decree 635/1940, art. 257
Description:
Investment and Cross-Border Trade in Services
Nationality of a Member State of the EU and residency is required in order to obtain the necessary authorisation to supply security guard services and the transport of valuables.
Sector:
Distribution services
Sub-Sector:
Distribution of tobacco
Industry Classification:
Part of CPC 6222, part of CPC 6310
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Legislative Decree 184/2003
Law 165/1962
Law 3/2003
Law 1293/1957
Law 907/1942
Decree of the President of the Republic (D.P.R.) 1074/1958
Description:
Investment and Cross-Border Trade in Services
In order to distribute and sell tobacco, a licence is needed. The licence is granted through public procedures. The granting of licences is subject to an economic needs test. Main criteria: population and geographical density of existing selling points. For an intermediary between wholesale and retail, owners of shops (magazzini), nationality of a Member State of the EU is required.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law 362/1991, arts. 1, 4, 7 and 9
Legislative Decree CPS 233/1946, arts. 7-9
Decree of the President of the Republic (D.P.R. 221/1950, pars. 3 and 7
Description:
Investment
An authorisation is needed to open a pharmacy which is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies. New or vacant pharmacies are authorised following a public competition. Only nationals of a Member State of the EU enrolled in the Register of pharmacists (‘albo’) are able to participate in a public competition.
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. Enrolment in the pharmacist professional register requires nationality of a Member State of the EU or residency and the practice of the profession in Italy.
Foreign nationals having the necessary qualifications may enrol if they are citizens of a country with whom Italy has a special agreement, authorising the exercise of the profession, under condition of reciprocity (D. Lgsl. CPS 233/1946 arts. 7-9 and D.P.R. 221/1950 pars. 3 and 7).
Sector:
Education services
Sub-Sector:
Higher education services
Industry Classification:
CPC 92
Type of Reservation:
Market access
Level of Government:
National
Measures:
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)
Decree of the President of the Republic (DPR) 25/1998
Description:
Investment
An economic needs test is applied for the opening of privately funded universities authorised to issue recognised diplomas or degrees based on a three year programme. Main criteria: population and density of existing establishments.
Only Italian juridical persons may be authorised to issue state-recognised diplomas.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
Cross-border supply of financial services
Level of Government:
National
Measures:
Law 194/1942, art. 4
Law 4/1999 on the register
Description:
Financial Services
Residency in Italy is required for enrolment in the actuarial register, which is necessary for the practice of the actuarial profession.
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
National treatment
Market access
Cross-border supply of financial services
Level of Government:
National
Measures:
Legislative Decree 58/1998, arts. 1, 19, 28, 30-33, 38, 69 and 80
Joint Regulation of Bank of Italy and Consob 22.2.1998, arts. 3 and 41
Regulation of Bank of Italy 25.1.2005, Title V, Chapter VII, Section II
Consob Regulation 16190 of 29.10.2007, arts. 17-21, 78-81, 91-111
Description:
Financial Services
In order to be authorised to manage the securities settlement system or central securities depository services with an establishment in Italy, a company is required to be incorporated in Italy (no branches).
In the case of collective investment schemes other than undertakings for collective investment in transferable securities (‘UCITS’) harmonised under EU legislation, the trustee or depository is required to be incorporated in Italy or in another Member State of the EU and established through a branch in Italy. Management enterprises of UCITS not harmonised under EU legislation are also required to be incorporated in Italy (no branches).
Only banks, insurance enterprises, investment firms and enterprises managing UCITS harmonised under EU legislation having their legal head office in the EU, as well as UCITS incorporated in Italy may carry out the activity of pension fund resources management.
In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State of the EU.
Representative offices of non-EU intermediaries cannot carry out activities aimed at providing investment services, including trading for own account and for account of customers, placement and underwriting of financial instruments (branch required).
Sector:
Tourism and travel related services
Sub-Sector:
Tourist guides services
Industry Classification:
CPC 7472
Type of Reservation:
National treatment
Market access
Level of Government:
Regional
Measures:
Law 135/2001 arts. 7.5 and 6
Law 40/2007 (DL 7/2007)
Description:
Cross-Border Trade in Services
Tourist guides from non-EU countries need to obtain a specific licence from the Region in order to act as a professional tourist guide. Tourist guides from Member States of the EU can work freely without the requirement for such a licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Legal basis Royal Decree 327/1942 (modified with Law 222/2007), art. 143 and 221 (Navigation Code)
Description:
Investment and International Maritime Transport Services
Foreigners other than EU residents cannot own a majority interest in Italian flagged vessels or a controlling interest in ship owning companies having their headquarters in Italy.
Sector:
Transport
Sub-Sector:
Supporting services for water transport
Industry Classification:
Part of CPC 745
Type of Reservation:
Market access
Level of Government:
National
Measures:
Shipping Code
Law 84/1994
Ministerial decree 585/1995
Description:
Investment
An Economic Needs Test is applied for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment.
Reservations applicable in Latvia
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Law on land reform in the cities of the Republic of Latvia, ss. 20, 21
Law on land privatisation in rural areas, s. 28
Description:
Investment
Acquisition of urban land by nationals of Canada or of a third country is permitted through incorporated companies registered in Latvia or other Member States of the EU:
(a)
if more than 50 per cent of their equity capital is owned by nationals of Member States of the EU, the Latvian Government or a municipality, separately or in total;
(b)
if more than 50 per cent of their equity capital is owned by natural persons and companies of third country with whom Latvia has concluded bilateral agreements on promotion and reciprocal protection of investments and which have been approved by the Latvian Parliament before 31 December 1996;
(c)
if more than 50 per cent of their equity capital is possessed by natural persons and companies of third country with whom Latvia has concluded bilateral agreements on promotion and reciprocal protection of investments after 31 December 1996, if in those agreements the rights of Latvian natural persons and companies on acquisition of land in the respective third country have been determined;
(d)
if more than 50 per cent of their equity capital is possessed by persons from a) to c) together;
(e)
which are public joint stock companies, if their shares thereof are quoted in the stock exchange.
Where Canada and its provinces and territories allow Latvian nationals and enterprises to purchase urban real estate in their territories, Latvia will allow nationals of Canada and enterprises to purchase urban real estate in Latvia under the same conditions as Latvian nationals.
Sector:
Distribution and health services
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Other services provided by pharmacists
Industry Classification:
CPC 63211
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Pharmaceutical Law, s. 38
Description:
Investment
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, must work for at least one year in a pharmacy under the supervision of a pharmacist.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Criminal Procedure Law, s. 79
Advocacy Law of the Republic of Latvia, s. 4
Description:
Investment and Cross-Border Trade in Services
In order to obtain full admission to the Bar, which is required to practice as a sworn solicitor or as an assistant of a sworn solicitor, Latvian nationality is required. Sworn solicitors who are nationals of a Member State of the EU, and who have registered in the Latvian Council of Sworn Advocates, have the right to participate and vote in the General Meeting of Sworn Advocates.
Providing domestic legal services (the services of an advocate and legal representation in criminal proceedings) in Latvia in accordance with its law is only permitted by:
(a)
a sworn solicitor or an assistant of a sworn solicitor holding Latvian nationality; or
(b)
a national of a Member State of the EU who has been designated as an advocate in one of the Member States of the EU; or
(c)
a foreign advocate, in the framework of an agreement on legal assistance concluded between Latvia and the relevant foreign country.
For advocates of a Member State of the 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.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law on Sworn Auditors
Description:
Investment
In a commercial company of sworn auditors, a foreign investor may only own more than 50 per cent of the voting capital shares, if they are qualified as sworn auditors or commercial companies of sworn auditors, or auditors or commercial companies of auditors of Member States of the EU or Member States of the EEA, who, in accordance with laws of the Member State of the EU or the Member State of the EEA, are entitled to pursue the professional activity of a sworn auditor or a company of sworn auditors, as this professional activity is defined in the laws of Latvia.
Sector:
Business services
Sub-Sector:
Printing and publishing
Industry Classification:
CPC 88442
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law on the Press and Other Mass Media, s. 8
Description:
Investment
Only legal persons incorporated in Latvia, and natural persons of Latvia have the right to found and publish mass media. Branches are not allowed.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Law ‘Maritime Code’
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
The Latvian flag is granted only to vessels registered in the Ship Register of Latvia, and these vessels must be managed by EU registered entity. Foreign owners not incorporated in the EU can register vessels in the Ship Register, provided that their technical management is performed by a legal person registered in Latvia on the basis of a ship management contract.
Reservations applicable in Lithuania
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Law on the Bar of the Republic of Lithuania of 18 March 2004 No. IX-2066 as last amended on 17 November 2011 No.XI-1688
Republic of Lithuania Law on the Notarial profession 15 September 1992 — No. I-2882 (As last amended on 19 April 2012 — No. X-1979)
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Only nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law.
Attorneys from foreign countries can act as advocates in court only in accordance with bilateral agreements on legal assistance.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC86212 other than accounting services
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law on Audit of 15 June 1999 No. VIII -1227 (a new version of 3 July 2008 No. X-1676)
Description:
Investment and Cross-Border Trade in Services
Not less than 75 per cent of shares shall belong to auditors or auditing companies of the EU or EEA.
An auditor's report must be prepared in conjunction with an auditor accredited to practice in Lithuania.
Establishment is not permitted in the form of a Public Stock Corporation (AB).
Sector:
Business services
Sub-Sector:
Patent agents
Industry Classification:
Part of CPC 879
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
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
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)
Description:
Investment and Cross-Border Trade in Services
Third country (non-Member States of the EU) nationals are not allowed to be registered as patent attorneys. Only patent attorneys are allowed to provide patent agent services in Lithuania.
Sector:
Distribution
Sub-Sector:
Distribution of pyrotechnics
Industry Classification:
Type of Reservation:
Market access
Level of Government:
National
Measures:
Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074)
Description:
Cross-Border Trade in Services
The distribution of pyrotechnics is subject to licensing. Only the juridical persons established in the EU may obtain a licence.
Sector:
Energy
Sub-Sector:
Pipeline transport of fuels
Services incidental to energy distribution
Industry Classification:
CPC 713, CPC 887
Type of Reservation:
Market access
Level of Government:
National
Measures:
Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No. VIII-1973
Description:
Cross-Border Trade in Services
Establishment is required. Licences for transmission and distribution of fuels may only be issued to legal persons of Lithuania or branches of foreign legal persons or other organisations (subsidiaries) established in Lithuania.
This reservation does not apply to consultancy services related to the transmission and distribution on a fee or contract basis of fuels.
Sector:
Energy
Sub-Sector:
Transmission and distribution of electricity
Industry Classification:
ISIC rev 3.1 401, CPC 887
Type of Reservation:
Market access
Level of Government:
National
Measures:
Law on electricity of the Republic of Lithuania of 20 July 2000 No. VIII-1881
Description:
Cross-Border Trade in Services
The licences for transmission, distribution, public supply and organizing of trade of electricity may only be issued to legal persons of Lithuania or branches of foreign legal person or other organisations established in Lithuania.
This reservation does not apply to consultancy services related to the transmission and distribution on a fee or contract basis of electricity.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
The Law of the Republic of Lithuania on Merchant Shipping of 12 September 1996, No. I-1513
Description:
Investment and International Maritime Transport Services
The Lithuanian flag is granted only to vessels registered in the Lithuanian register of maritime vessels and owned or chartered (bareboat charter) by a Lithuanian citizen or company established (incorporated) in Lithuania.
Sector:
Transport
Sub-Sector:
Rail transport services
Industry Classification:
CPC 711
Type of Reservation:
Market access
Level of Government:
National
Measures:
Railway transport Code of the Republic of Lithuania of 22 April 2004 No. IX-2152 as amended by 8 June 2006 No. X-653.
Description:
Investment
The exclusive rights for the provision of transit services are granted to railway undertakings which are owned, or whose stock is 100 per cent owned, by the state.
Reservations applicable in Luxembourg
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Loi du 16 décembre 2011 modifiant la loi du 10 août 1991 sur la profession d'avocat
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Luxembourg law, including representation before courts.
Nationality of a Member State of the EU and residency (commercial presence) is required in order to obtain full admission to the Bar. The Council of the Order may, on the basis of reciprocity, agree to waive the nationality requirement for a foreign national.
To provide legal services in respect of Luxembourg law, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
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)
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)
Description:
Investment
Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Law 9 November 1990
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Foreign investors that are not nationals of a Member State of the EU or not incorporated in the EU or having their principal office in the EU, cannot own 50 per cent or more of a seagoing vessel flying the flag of Luxembourg.
This reservation does not apply to a ship that is bareboat chartered to a charterer that would satisfy the above owner-ship requirements and is actually making use of the ship.
Reservations applicable in Malta
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Immoveable Property (Acquisition By Non-Residents) Act (Cap. 246)
Protocol No. 6 of the EU Accession Treaty on the acquisition of secondary residences in Malta
Description:
Investment
Non-nationals of a Member State of the EU may not acquire immovable property for commercial purposes.
Companies with 25 per cent (or more) of non-EU shareholding must obtain an authorisation from the Competent Authority (Minister responsible for Finance) to buy immovable property for commercial or business purposes. The Competent Authority will determine whether the proposed acquisition represents a net benefit to the Maltese economy.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Code of Organisation and Civil Procedure (Cap. 12)
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Maltese law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar.
To provide legal services in respect of Maltese law, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Only nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of Maltese law.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
Pharmacy Licence Regulations (LN279/07) issued under the Medicines Act (Cap. 458)
Description:
Investment
Issuance of Pharmacy licences under specific restrictions. No person shall have more than one licence in his name in any town or village (Regulation 5(1) of the Pharmacy Licence Regulations (LN279/07)), except in the case where there are no further applications for that town or village (Regulation 5(2) of the Pharmacy Licence Regulations (LN279/07)).
Sector:
Education services
Sub-Sector:
Higher education services
Adult education services
Industry Classification:
CPC 923, CPC 924
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Legal Notice 296 of 2012
Description:
Cross-Border Trade in Services
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.
Sector:
Transport
Sub-Sector:
Water transport
Supporting services for water transport
Industry Classification:
CPC 721, part of 742, CPC 745,part of CPC 749
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Gozo Passenger and Goods Service (Fares) Regulations (SL499.31)
Exclusive rights are allocated through public procurement procedures on the basis of contracts
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
A licence is required from Transport Malta for the Rental of Vessels with Crew for vessels trading exclusively within local waters. Specific Public Service Obligations govern commercial shipping exclusively within Malta's internal waters.
Regarding the cabotage restriction between Malta and Gozo, exclusive rights are given according on the basis of a concession awarded by the Government. This exclusivity only relates to the route Malta-Gozo between the Port of Ċirkewwa and the Port of Marsamxetto (Malta) and the Port of Mġarr (Gozo) for the carriage of passengers, vehicles and goods.The tariffs for such services are regulated by law through the Gozo Passenger and Goods Service (Fares) Regulations (SL499.31).
Nationality condition for supporting services.
Sector:
Transport services
Sub-Sector:
Other transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
Level of Government:
National
Measures:
Taxi Services Regulations (SL499.59)
Description:
Investment and Cross-Border Trade in Services
Taxis: Numerical restrictions on the number of licences apply.
Karozzini (horse drawn carriages): Numerical Restrictions on the number of licences apply.
Sector:
Energy
Sub-Sector:
Electricity
Industry Classification:
Type of Reservation:
Market access
Level of Government:
National
Measures:
Enemalta Act (Cap. 272)
Description:
Investment
EneMalta plc has a monopoly for the provision of electricity.
Reservations applicable in the Netherlands
Sector:
Supporting services for all modes of transport
Sub-Sector:
Customs clearance services
Industry Classification:
Part of CPC 748
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
General Customs Act (Algemene Douanewet)
Description:
Cross-Border Trade in Services
The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act (Algemene Douanewet). Customs representatives who are not a resident of or established in the Netherlands are required to take up residence or establish a fixed location in the Netherlands, before they may perform activities as an admitted customs representative.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Advocatenwet (Act on Advocates)
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis.
Only locally-licensed lawyers may use the name or title ‘Advocaat’ according to articles 2(c), and 16(b), (c), (d) Advocatenwet (Act on Advocates). Only lawyers registered in the Dutch registry can use the title ‘advocaat’ . Instead of using the full term ‘advocaat’, (non-registered) foreign lawyers are obliged to mention their home country professional organisation for the purposes of their activities in the Netherlands.
Sector:
Business services
Sub-Sector:
Hallmarking services
Industry Classification:
Part of CPC 893
Type of Reservation:
Market access
Level of Government:
National
Measures:
Waarborgwet 1986
Description:
Investment
To provide hallmarking services, commercial presence in the Netherlands is required. The hallmarking of precious metal articles is currently exclusively granted to two Dutch public monopolies.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
Market access
Level of Government:
National
Measures:
Wet op de uitoefening van de diergeneeskunde 1990 (WUD)
Description:
Cross-Border Trade in Services
Access is restricted to natural persons.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Art. 311, paragraph 1.b of the Commercial Code (Wetboek van Koophandel)
Description:
Investment and International Maritime Transport Services
The ownership of a Dutch registered seagoing vessel is only possible for:
(a)
natural persons with the nationality of a Member State of the EU, the EEA or the Swiss Confederation;
(b)
companies or legal entities under the law of a Member State of the EU, one of the countries, islands or areas as meant in Articles 349 and in paragraphs 1 through 4 and paragraph 5(c) of Article 355 of the Treaty on the Functioning of the European Union, or of a Member State of the EEA or the Swiss Confederation; and
(c)
natural persons or companies or legal entities other than above which can claim the European right of free establishment or settlement due to an agreement between the EU and a third country.
The owner must have a principal office or a subsidiary in the Netherlands. One or more natural persons domiciled in the Netherlands must have the responsibility for the ship, captain, crew and related matters, and have the authority to decide and represent on behalf of the owner.
It is not possible to register a seagoing ship that is already registered in a public register, either as a seagoing ship or as an inland navigation vessel, or in any similar foreign register.
When making a request for a registration, the applicant shall elect a domicile within the Netherlands.
Sector:
Energy
Sub-Sector:
Electricity distribution
Transportation of natural gas
Industry Classification:
ISIC rev 3.1 040, CPC 71310
Type of Reservation:
Market access
Level of Government:
National
Measures:
Elektriciteitswet 1998
Gaswet
Description:
Investment
The ownership of the electricity network and the gas pipeline network are exclusively granted to the Dutch government (transmission systems) and other public authorities (distribution systems).
Sector:
Mining and quarrying
Sub-Sector:
Extraction of crude petroleum and natural gas
Industry Classification:
ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.1 12, ISIC rev 3.1 13, ISIC rev 3.1 14
Type of Reservation:
Market access
Level of Government:
National
Measures:
Mijnbouwwet (Mining Act)
Description:
Investment
The exploration for and exploitation of hydrocarbons in the Netherlands is always performed jointly by a private company and the public (limited) company designated by the Minister of Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in this designated company must be directly or indirectly held by the Dutch State.
Reservations applicable in Poland
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law of 24th March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws of 2004 No. 167, item 1758 with later amendments)
Description:
Investment
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.
Sector:
Publishing and printing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 221, ISIC rev 3.1 222
Type of Reservation:
Senior management and boards of directors
Level of Government:
National
Measures:
Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent amendments
Description:
Investment
Nationality condition for the editor-in-chief of newspapers and journals.
Sector:
All sectors
Sub-Sector:
Types of establishment
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act of 2 July 2004 on freedom of economic activity, arts. 13.3 and 95. 1
Description:
Investment
The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office.
For all sectors except legal services and services provided by healthcare units, 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).
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic of Poland, art. 19
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
Foreign lawyers may establish only in the form of a registered partnership, a limited partnership, or a limited joint-stock partnership while domestic companies have access also to the forms of civil law partnership and professional partnership.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act of 7 May 2009 on statutory auditors, audit firms and on public oversight — Journal of Laws, No. 77, item 649, with subsequent amendments
Description:
Investment and Cross-Border Trade in Services
Audit firms may be established only in certain Polish legal forms.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Law of 21st December 1990 on the Profession of Veterinary Surgeon and Chambers of Veterinary Surgeons
Description:
Investment
For the provision of veterinary services by a physical person present in the territory of Poland, only nationals of a Member State of the EU may provide veterinary services. Foreign persons may apply for permission to practice.
Sector:
Business services
Sub-Sector:
Translation and interpretation services
Industry Classification:
CPC 87905
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act of 25 November 2004 on the profession of sworn translator or interpreter (Journal of Laws no 273 item 2702), art. 2.1
Description:
Investment and Cross-Border Trade in Services
Only natural persons may be sworn translators.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
National treatment
Market access
Cross-border supply of financial services
Level of Government:
National
Measures:
Act on insurance activity of May 22, 2003 (Journal of Laws 2003, No. 124, item 1151)
Act on insurance mediation of May 22, 2003 (Journal of Laws 2003, No. 124, item 1154), arts. 16 and 31
Description:
Financial Services
Local incorporation (no branches) required for insurance intermediaries.
Sector:
Transport
Sub-Sector:
Supporting services for air transport
Industry Classification:
Part of CPC 742
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Polish Aviation Law of 3 July 2002, Articles 174.2 and 174.3
Description:
Investment
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.
For airport operation services, foreign participation is limited to 49 per cent.
Sector:
Energy
Sub-Sector:
Production, transmission and distribution of electricity
Bulk storage services of liquids or gases
Services incidental to energy distribution
Wholesale or retail of electricity
Industry Classification:
ISIC rev 3.1 040, CPC 63297, CPC 74220, CPC 887
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Energy Law Act of 10 April 1997, arts. 32 and 33
Description:
Investment and Cross-Border Trade in Services
The following activities are subject to licensing under the Energy Law Act:
(a)
the generation of fuels or energy, except for: generation of solid or gaseous fuels; generation of electricity using electricity sources of the total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity and heat using sources of the total capacity of not more than five MW other than renewable energy sources; generation of heat using the sources of the total capacity of not more than five MW;
(b)
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 one MJ/s capacity and the storage of liquid fuels in retail trade;
(c)
the transmission or distribution of fuels or energy, except for: the distribution of gaseous fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of heat if the total capacity ordered by customers does not exceed 5 MW;
(d)
the trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity using installations of voltage lower than one kV owned by the customer; the trade in gaseous fuels if their annual turnover value does not exceed the equivalent of EUR 100 000 ; the trade in liquid gas, if the annual turnover value does not exceed EUR 10 000 ; and the trade in gaseous fuels and electricity performed on commodity exchanges by brokerage houses which conduct the brokerage activity on the exchange commodities on the basis of the Act of 26 October 2000 on commodity exchanges, as well as the trade in heat if the capacity ordered by the customers does not exceed five MW. The limits on turnover do not apply to wholesale trade services in gaseous fuels or liquid gas or to retail services of bottled gas.
A licence may only be granted by the Competent Authority to an applicant that has registered their principal place of business or residence in the territory of a Member State of the EU, Member State of the EEA or the Swiss Confederation.
Reservations applicable in Portugal
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Law 15/2005, arts. 203,194
PortugueseBarStatute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004, arts. 5, 7 — 9
Decree-Law 88/2003, arts. 77 and 102
Solicitadores Public Professional Association Statute (Estatuto da Câmara dos Solicitadores), as amended by Law 49/2004, by Law 14/2006 and by Decree-Law n.
o
 226/2008
Law 78/2001, arts. 31, 4.
Regulation of family and labour mediation (Ordinance 282/2010)
Law 21/2007 on criminal mediation, art. 12
Law 32/2004 (as modified by Decree-Law 282/2007 and Law 34/2009) on Insolvency administrator, arts. 3 and 5, among others
Decree-Law 54/2004, art. 1 (Regime jurídico das sociedades de administradores de insolvência)
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services, including representation before courts. Residency (commercial presence) is required in order to practice Portuguese law. The recognition of qualifications to practice Portuguese law is subject to a condition of reciprocity.
To provide legal services, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Only law firms where the shares belong exclusively to lawyers admitted to the Portuguese Bar can practice in Portugal; access to the profession of ‘solicitadores’ is subject to a requirement of nationality of a Member State of the EU.
Sector:
Business services
Sub-Sector:
Accounting services
Auditing services
Industry Classification:
CPC 86211, CPC 86212, CPC 86213, CPC 86219
Type of Reservation:
Market access
Level of Government:
National
Measures:
Decree-Law 452/99, amended and republished by Decree-Law 310/2009 — Portuguese Public Professional Association Statute for Accountants (Estatuto da Ordem dos Técnicos Oficiais de Contas), arts. 85, 87
Decree-Law 487/99, amended and republished by Decree-Law 224/2008 — Portuguese Public Professional Association for Statutory Auditors (Estatuto da Ordem dos Revisores Oficiais de Contas). Arts. 95-97
Description:
Investment
Accounting services: Only locally licensed accountants can own accountancy firms. However, accounting services may also be provided by a legal person incorporated under the Portuguese company code without such ownership restrictions, in so far as the actual accounting services are provided by a locally licensed accountant
Sector:
Business services
Sub-Sector:
Collection agency services
Credit reporting services
Industry Classification:
CPC 87901, CPC 87902
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law 49/2004
Description:
Investment
Nationality of a Member State of the EU is required for the provision of collection agency services and credit reporting services.
Sector:
Business services
Sub-Sector:
Industrial property agent
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Decree-Law 15/95, as modified by Law 17/2010, on industrial property agents, art. 2
Portaria 1200/2010, art. 5
Description:
Cross-Border Trade in Services
Industrial property agents are subject to a condition of nationality of a Member State of the EEA.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Decree-Law 368/91 (Statute of the Veterinary Professional Association)
Description:
Cross-Border Trade in Services
Residency is required in order to provide veterinary services.
Sector:
Business services
Sub-Sector:
Real estate services
Industry Classification:
CPC 821, CPC 822
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Decree-Law 211/2004 (arts. 3 and 25), as amended and republished by Decree-Law 69/2011
Description:
Investment and Cross-Border Trade in Services
Residency in a Member State of the EEA is required for natural persons. Incorporation in a Member State of the EEA is required for legal persons.
Sector:
Business services
Sub-Sector:
Services related to agriculture
Industry Classification:
Part of CPC 88
Type of Reservation:
Market access
Level of Government:
National
Measures:
Decree Law 119/92
Law 47/2011
Decree Law 183/98
Description:
Cross-Border Trade in Services
The professions of biologist, chemical analyst and agronomist are reserved for natural persons.
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Law 34/2013
Ordinance 273/2013
Description:
Cross-Border Trade in Services
The provision of security services by a foreign supplier on a cross-border basis is not allowed.
A nationality condition exists for specialised personnel.
Sector:
Distribution
Sub-Sector:
Retailing Services
Industry Classification:
CPC 631, CPC 632 other than CPC 6321, CPC 63297
Type of Reservation:
Market access
Level of Government:
National
Measures:
Decree-Law No. 21/2009, 19 January
Ordinances n.
o
 417/2009 and 418/2009, 16 April
Description:
Investment
A specific authorisation scheme exists for the installation of certain retail establishments. This relates to establishments having a sales area exceeding 2 000  m
2
, establishments belonging to a company or pertaining to a commercial group that have an accumulated sales area equal to or greater than 30 000  m
2
, or commercial outlets that have a gross floor area greater than or equal to 8 000  m
2
. Micro-enterprises are excluded.
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.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
Decree-Law 307/2007, arts. 9, 14, 15
Ordinance 1430/2007
Description:
Investment
Establishment authorisation is subject to an economic needs test. Main criteria: density conditions in the area.
In commercial companies where the capital is represented by shares, these shall be nominative. No person may hold or exercise, at the same time, directly or indirectly, ownership, operation or management of more than four pharmacies.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Chapter I, Section VI of Decree-Law 94-B/98, arts. 34, nr. 6, 7
Description:
Financial Services
In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State of the EU.
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
Market access
Level of Government:
National
Measures:
Decree-Law 12/2006, as amended by Decree-Law 180/2007 Decree-Law 357-A/2007, Regulation 7/2007-R, as amended by Regulation 2/2008-R
Regulation 19/2008-R
Regulation 8/2009
Description:
Financial Services
Pension fund management may be provided only by specialised companies incorporated in Portugal for that purpose and by insurance companies established in Portugal and authorised to take up the life insurance business, or by entities authorised to pension fund management in other Member States of the EU. Direct branching from non-EU countries is not permitted.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5122, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Decree-Law 194/98
Decree-Law 197/98
Decree-Law 331/99
Description:
Investment and International Maritime Transport Services
To register a vessel on the national shipping register, foreign investors must have their principal office in Portugal.
Sector:
Transport
Sub-Sector:
Road transport
Industry Classification:
CPC 71222
Type of Reservation:
Market access
Level of Government:
National
Measures:
Decree-Law 41/80, August 21
Description:
Investment and Cross-Border Trade in Services
Economic needs test for limousine services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment
Reservations applicable in Romania
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Market access
Most-favoured –nation treatment
Level of Government:
National
Measures:
Law 312/2005, regarding acquisition of property over land by foreign citizens and stateless persons, as well as foreign legal persons
Description:
Investment
Foreign nationals, stateless persons and legal persons (other than nationals of a Member State of the EU 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 of the EU and to juridical persons established according to the legislation of a Member State of the EU.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Attorney Law
Law for Mediation
Law for the Notaries and the Notarial Activity
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
A foreign lawyer may practice the legal profession in one of the forms allowed under national law of their choice, on a non-discriminatory basis. These legal forms are described in art. 5 para. 1 of the Law 51/1995 (individual law offices, associated law offices, professional civil companies, or limited-liability professional civil companies).
A foreign lawyer may not make oral or written conclusions before the courts and other judicial bodies, except for international arbitration.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Emergency Governmental Ordinance No. 90/2008, with subsequent amendments, which transposed the provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC.
Description:
Investment and Cross-Border Trade in Services
A statutory audit activity shall be carried out only by the statutory auditors or audit firms who are approved under the conditions provided for by Emergency Ordinance No. 90/2008.
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
Market access
National treatment
Level of Government:
National
Measures:
Law N. 297/2004 on capital markets
CNVM (‘Comisia Nationala a Valorilor Mobiliare’) Regulation No. 2/2006 on regulated markets and alternative trading systems
Description:
Financial Services
Market operators are Romanian legal persons set up as joint stock companies according to the provisions of the Company Law. The alternative trading systems could be managed by a system operator set up under the conditions described above or by an investment firm authorised by CNVM.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5122, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Government Ordinance No. 42 of 28 August 1997
Ministerial Order No. 1627/2006
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
The right to fly the Romanian flag is granted:
(a)
to ships owned by Romanian natural or legal persons;
(b)
to seagoing ships owned by natural persons having the nationality of a Member State of the EU or of a Member State of the European Economic Area or by legal persons established (having their headquarters) in a Member State of the EU or a Member State of the EEA;
(c)
to ships owned by foreign natural persons having their domicile or residents of Romania or by the Romanian branches of the foreign legal persons, other than those mentioned in subparagraph (b); and
(d)
to ships owned by foreign natural or legal persons and hired by means of bare-boat or leasing charters, for periods longer than one year, by Romanian or foreign natural or legal persons.
Granting the right to fly the Romanian flag is forbidden for ships of 20 years or more.
Sector:
Transport
Sub-Sector:
Other scheduled passenger transportation
Operators of road freight transport services
Other non-scheduled passenger transportation
Industry Classification:
CPC 7121, CPC 7122, CPC 7123
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Romanian law on road transportation (Government Ordinance No. 27/2011)
Description:
Cross-Border Trade in Services
Road haulage and road passenger transport operators may only use vehicles that are registered in Romania, owned and used according to the Government Ordinance provisions.
Reservations applicable in the Slovak Republic
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act 586/2003 on Advocacy, art. 2, 12
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of Slovakian law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar.
To provide legal services in respect of Slovakian law, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Only nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of Slovakian law.
Sector:
Mining and quarrying
Sub-Sector:
Industry Classification:
ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.1 12, ISIC rev 3.1 13, ISIC rev 3.1 14, CPC 7131
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act 51/1988 on Mining, art. 4a
Act 313/1999 on Geological Activity, art. 5
Description:
Investment and Cross-Border Trade in Services
For mining, activities related to mining and geological activity, incorporation in a Member State of the EU or a Member State of the EEA is required (no branching).
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC86212 other than accounting services
Type of Reservation:
National treatment
Senior management and boards of directors
Market access
Level of Government:
National
Measures:
Act No. 540/2007 on Auditors, arts. 3, 4, 5
Description:
Investment
Only an enterprise in which at least 60 per cent of capital interests or voting rights are reserved to Slovak nationals or nationals of a Member State of the EU may be authorised to carry out audits in the Slovak Republic.
Sector:
Business services
Sub-Sector:
Architectural services
Urban planning and landscape architectural services
Engineering services
Integrated engineering services
Industry Classification:
CPC 8671, CPC 8672, CPC 8673, CPC 8674
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act 138/1992 on Architects and Engineers, arts. 3, 15, 15a, 17a, 18a
Description:
Cross-Border Trade in Services
For the provision of these services by a physical person present in the territory of the Slovak Republic, membership in the Slovak Chamber of Architects or Slovak Chamber of Engineers is obligatory. Slovak residency is required for membership.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Act 442/2004 on Private Veterinary Doctors, art. 2
Description:
Cross-Border Trade in Services
Obligatory membership in the Slovak Chamber of Veterinary Doctors. Residency in the Slovak Republic is required for membership.
Access is restricted to natural persons only.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act 140/1998 on drugs and medical devices, art. 35a
Act 578/2004 on healthcare providers, medical employees, professional organisation
Description:
Investment and Cross-Border Trade in Services
Residency is required in order to obtain a licence as a pharmacist or to open a pharmacy for the retail of pharmaceuticals and certain medical goods to the public.
Sector:
Education services
Sub-Sector:
Higher education services
Industry Classification:
CPC 92
Type of Reservation:
Market access
Level of Government:
National
Measures:
Law No. 131 of 21 February 2002 on Higher Education and on Changes and Supplements to Some Laws
Description:
Investment
Establishment in a Member State of the EU is required to apply for state approval to operate as a privately funded higher education institution. This reservation does not apply to secondary technical and vocational education services.
Sector:
Environmental services
Sub-Sector:
Processing and recycling of used batteries and accumulators, waste oils, old cars and waste from electrical and electronic equipment
Industry Classification:
Part of CPC 9402
Type of Reservation:
Market access
Level of Government:
National
Measures:
Act 223/2001 on Waste
Description:
Cross-Border Trade in Services
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 EU or a Member State of the EEA is required (residency requirement).
Sector:
Health services
Sub-Sector:
Medical and dental services, midwives services, nursing, physiotherapeutic and para-medical services
Industry Classification:
CPC 9312, CPC 9319
Type of Reservation:
Market access
National
Level of Government:
Health services
Measures:
Act 576/2004 on Health Treatment
Act 578/2004 on health care providers, medical employees, professional organisation
Description:
Cross-Border Trade in Services
Services may only be provided by natural persons.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Act 435/2000 on Maritime Navigation, art. 10
Description:
Investment and International Maritime Transport Services
In the Slovak Republic, in order to register a vessel on the national shipping register, legal persons have to be established in the Slovak Republic and natural persons have to be national of the Slovak Republic and with permanent residence in the Slovak Republic.
Reservations applicable in Slovenia
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
Market access
Level of Government:
National
Measures:
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)
Description:
Investment
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.
Sector:
Business services
Sub-Sector:
Accounting and bookkeeping services
Auditing services
Industry Classification:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Zakon o revidiranju (Zrev-2 Uradni list RS, št. 65/2008), (Auditing Act -Official Gazetee RS No. 65/2008)
Description:
Cross-Border Trade in Services
Commercial presence is required.
Sector:
Business services
Sub-Sector:
Real estate services
Industry Classification:
CPC 821, CPC 822
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
Real Estate Agencies Act
Description:
Cross-Border Trade in Services
In so far as Canada and its provinces and territories allow Slovenian nationals and enterprises to supply real estate agent services, Slovenia will allow nationals of Canada and enterprises to supply real estate agent services under the same conditions, in addition to the fulfilment of the following requirements: entitlement to act as a real estate agent in the country of origin, submission of the relevant document on impunity in criminal procedures, and inscription into the registry of real estate agents at the competent (Slovenian) ministry.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
Law on Pharmacy Activities (Official Gazette No. 36/2004), arts. 2, 6-8, 13-14
Medicinal Products Act (Official Gazette of the RS, No. 31/06, 45/08), arts. 17, 21, 74, 79, 81
Description:
Investment
Pharmacy activity can be performed on the basis of concessions by private persons granted by the competent administrative body of the commune or municipality with the agreement of the Ministry of Health, after the prior opinion of the Chamber of Pharmacy and the Institute for Health Insurance of Slovenia.
Sector:
Education services
Sub-Sector:
Primary education services
Industry Classification:
CPC 921
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia, No. 12/1996) and its revisions, art. 40
Description:
Investment
Privately funded elementary schools may be founded by Slovenian natural or legal persons only.
The service supplier must establish a registered office or branch office.
Sector:
Health and social services
Sub-Sector:
Human health services
Industry Classification:
CPC 931
Type of Reservation:
Market access
Level of Government:
National
Measures:
Law of Health Services, Official Gazette of the RS, No. 23/2005, arts. 1,3, 62-64
Infertility Treatment and Procedures of the Biomedically-Assisted Procreation Act, Official Gazette of the RS, No.: 70/00, arts. 15 and 16
Description:
Investment
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.
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
Market access
Level of Government:
National
Measures:
Pension and Disability Insurance Act (Official Gazette No. 109/2006), art. 306
Description:
Financial Services
A pension scheme may be provided by a mutual pension fund (which is not a legal entity and is therefore managed by an insurance company, a bank or a pension company), a pension company or an insurance company. Additionally a pension scheme can also be offered by pension scheme providers established in accordance with the regulations applicable in a Member State of the EU.
Sector:
Energy services
Sub-Sector:
Pipeline transportation of fuels
Storage and warehouse of fuels transported through pipelines
Industry Classification:
CPC 7131, part of CPC 742
Type of Reservation:
Market access
Level of Government:
National
Measures:
Energetski zakon (Energetic Act), Official Gazette RS, No. 27/07- consolidated text, 70/80, 22/2010
Description:
Cross-Border Trade in Services
A licence is required to perform the production, trading and distribution of liquid fuels, processing of oil and petroleum products, transmission and distribution of energy and fuels through networks, storing of gaseous, liquid and solid fuels, supply of electricity, gas or heat, operation of electricity or natural gas market, and representation and intermediation in electricity and natural gas markets.
These activities are subject to registration, which is conditioned on establishment in Slovenia.
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Article 210 of the Maritime Code
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Seagoing non-merchant ships may be registered to fly the Slovenian flag if:
(a)
more than half of the ship is owned by citizens of the Republic of Slovenia, nationals of a Member State of the EU or by juridical persons having their headquarters in Slovenia or a Member State of the EU; or
(b)
more than half of the ship is owned by a non- national of a Member State of the EU and the ship operator qualifies as one of the persons described in the previous paragraph, with the consent of the owner of the ship
If the owner or co-owner is not a citizen of Slovenia or a juridical person having their headquarters in Slovenia, an authorised representative needs to be appointed to accept the service of judicial and administrative writs, prior to registering the ship. The authorisation must be communicated to the competent authority, responsible for keeping the register.
Nuclear ships cannot be registered.
Reservations applicable in Spain
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Royal Decree 664/1999 of 23 April 1999 relating to foreign investment
Description:
Investment
Foreign investment in activities directly relating to real estate investments for diplomatic missions by States that are not members of the EU require an administrative authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001, art. 13.1
a
Description:
Investment and Cross-Border Trade in Services
Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts.
Only nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law.
To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Real Decreto Legislativo 1/2011 de 1 de julio por el que se aprueba el texto refundido de la Ley de Auditoria de Cuentas, arts. 8.1, 8.2.c, 9.2, 9.3,10.1
Description:
Cross-Border Trade in Services
Statutory auditors are subject to a nationality of a Member State of the EU condition. This reservation does not apply to the auditing of non-EU companies listed in a Spanish regulated market.
Sector:
Business services
Sub-Sector:
Intellectual property attorney
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad, arts. 155-157
Description:
Cross-Border Trade in Services
Industrial property attorneys are subject to a nationality of a Member State of the EU condition.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Real Decreto 1840/2000. Estatutos Generales de la Organización Colegial Veterinaria Española (Statute of the Veterinary Association of Spain), arts. 62, 64
Description:
Cross-Border Trade in Services
Membership in a professional association is obligatory and subject to a nationality of a Member State of the EU condition, which may be waived through a bilateral professional agreement.
Sector:
Distribution
Sub-Sector:
Retail sales of tobacco
Industry Classification:
CPC 63108
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Ley 13/1998 de 4 de Mayo de Ordenación del Mercado de Tabacos y Normativa Tributaria, art. 4
Description:
Investment and Cross-Border Trade in Services
State monopoly on retail sales of tobacco. Establishment is subject to a requirement of nationality of a Member State of the EU.
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Level of Government:
National
Measures:
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), arts. 2, 3.1
Ley 29/2006, de 26 de julio, de garantías y uso racional de los medicamentos y productos sanitarios, art. 2(5) (Law 29/2006 of 26 July, regulating the safety and rational use of pharmaceuticals and medical goods).
Description:
Investment and Cross Border Trade in Services
Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
Each pharmacist cannot obtain more than one licence.
Establishment authorisation is subject to an economic needs test. Main criteria: density conditions in the area.
The mail order of pharmaceuticals is prohibited.
Sector:
Education services
Sub-Sector:
Higher education services
Industry Classification:
CPC 923
Type of Reservation:
Market access
Level of Government:
National
Measures:
Ley Orgánica 6/2001, de 21 de Diciembre, de Universidades. (Law 6 / 2001 of 21 December, on Universities), art. 4
Description:
Investment
An authorisation is required in order to open a privately funded university which issues recognised diplomas or degrees; the procedure involves obtaining the advice of the Parliament. An economic needs test is applied, main criteria are population size and density of existing establishments.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Real Decreto Legislativo 6/2004, de 29 de octubre, por el que se aprueba el texto refundido de la Ley de ordenación y supervisión de los seguros privados (Law on regulation and supervision of private insurance)
Description:
Financial Services
Before establishing a branch or agency in Spain in order to provide certain classes of insurance, a foreign insurer must have been authorised to operate in the same classes of insurance in its country of origin for at least five years.
Sector:
Tourism and travel related services
Sub-Sector:
Tourist guides services
Industry Classification:
CPC 7472
Type of Reservation:
National treatment
Market access
Level of Government:
Regional (Sub-federal)
Measures:
Andalucía
Decreto 80/2010, de 30 de marzo, de simplificación de trámites administrativos y de modificación de diversos Decretos para su adaptación al Decreto-ley 3/2009, de 22 de diciembre, por el que se modifican diversas Leyes para la transposición en Andalucía de la Directiva relativa a los Servicios en el Mercado Interior, art 3.5
Aragón
Decreto 264/2007
, de 23 de octubre, del Gobierno de Aragón, por el que se aprueba el Reglamento de Guías de Turismo, art. 13
Cantabria
Decreto 51/2001
, de 24 de julio, art. 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 96/2006
, 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, art. 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 43/2000
, de 22 de febrero, por el que se modifica el 
Decreto 12/1996
, de 6 de febrero, por el que se aprueba el reglamento de la actividad profesional de Guía Turístico
Galicia
Decreto 42/2001
, de 1 de febrero, de Refundición en materia de agencias de viajes, 
guias de turismo
 y turismo activo.
Illes Balears
Decreto 136/2000
, de 22 de septiembre, por el cual se modifica el 
Decreto 112/1996
, de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares.
Islas Canarias
Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la profesión de guía de turismo en la Comunidad Autónoma de Canarias, art 5
La Rioja
Decreto 20/2000
, de 28 de abril, de modificación del 
Decreto 27/1997
, de 30 de abril, por el que se aprueba el Reglamento regulador de la profesión de Guías de Turismo.
Navarra
Decreto 125/95
, de 20 de mayo, por el que se regula la profesión de guias de turismo en 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.
Región de Murcia
Decreto n.
o
 37/2011, de 8 de abril, por el que se modifican diversos decretos en materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del Consejo de 12 de diciembre de 2006, relativa a los servicios en el mercado interior (los guías podrían ser extranjeros si tienen homologación de las titulaciones requeridas)
Description:
Cross-Border Trade in Services
Nationality of a Member State of the EU is required for the provision of tourist guide services.
Sector:
Fishing, transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Law of Ports and Maritime Shipping(Royal Legislative Decree 2/2011) Articles 251, 252, 253, and Additional Disposition 16th indent 4.a) as well as Article 6, in Royal Decree 1516/2007 on the legal regime of cabotage and maritime navigation of public interest
Description:
Investment and International Maritime Transport Services
In order to register a ship on the national register of Spain and to fly the national flag, the owner of that ship or the person who has exclusive possession of that ship must be Spanish or established in Spain or incorporated in other Member State of the EU.
To register a ship in the Special Register, the owner company must be established in the Canary Islands.
Reservations applicable in Sweden
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
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)
Act on European Economic Interest Groupings (1994:1927)
Description:
Investment
A foreign company, which has not established a legal entity in Sweden or is conducting its business through a commercial agent, shall conduct its commercial operations through a branch, registered in Sweden, with independent management and separate accounts. The managing director and the vice-managing director, if appointed, of the branch, must reside in the EEA. A natural person not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and register a resident representative responsible for the operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The competent authority may in individual cases grant exemptions from the branch and residency requirements. Building projects with duration of less than a year — conducted by a company located or a natural person residing outside the EEA — are exempted from the requirements of establishing a branch or appointing a resident representative.
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 per cent of the members of the board of directors, at least 50 per cent of the deputy board members, the managing director, the vice-managing director, and at least one of the persons authorised to sign for the company, if any, must reside within the EEA. The competent authority may grant exemptions from this requirement. If none of the company's or society's representatives reside in Sweden, the board must appoint and register a person resident in Sweden, who has been authorised to receive servings on behalf of the company or society.
Corresponding conditions prevail for establishment of all other types of legal entities.
Sector:
Animal husbandry
Sub-Sector:
Reindeer husbandry
Industry Classification:
ISIC rev 3.1 014
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Reindeer Husbandry Act (1971:437), para. 1
Description:
Investment
Only Sami people may own and practice reindeer husbandry.
Sector:
Fishing and aquaculture
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Maritime Law (1994:1009)
Fisheries Act (1993:787)
Ordinance for fishing, aquaculture and the fishing industry (1994:1716)
The Fishing Regulations of the National Board of Fisheries (2004:25)
The Ship Security Regulation (2003:438)
Description:
Investment and Cross-Border Trade in Services
Professional fishing is fishing with a professional fishing licence or fishing by foreign fishermen holding a specific permit to fish professionally in Swedish territorial waters or in the Swedish economic zone.
A professional fishing licence may be given to a fisherman for whom fishing is essential to his living and where the fishing has a connection to the Swedish fishing industry. A connection to Swedish fishing industry could for example be demonstrated if the fishermen lands half his catch during a calendar year (in value) in Sweden, if half the fishing trips depart from a Swedish harbour or half of the fishermen in the fleet are domiciled in Sweden.
For vessels over five meters, a vessel permit is needed together with the professional fishing licence. A permit is granted if, among other things, the vessel is registered in the national registry, the vessel has a real economic connection to Sweden, the permit holder is a fisherman with a professional fishing licence and if the commander of the vessel is a fisherman with a professional fishing licence.
The commander of a fishing vessel over 20 gross tonnages shall be a national of a Member State of the EEA. Exemptions may be granted by the Swedish Transport Agency.
A ship shall be deemed Swedish and can carry the Swedish flag if more than half is owned by Swedish citizens or juridical persons. The Government may permit foreign vessels to fly the Swedish flag where their operations are under Swedish control or the owner can demonstrate that he has his permanent residence in Sweden. Vessels which are 50 per cent owned by nationals of a Member State of the EEA or companies having their registered office, central administration or principal place of business in the EEA and whose operation is controlled from Sweden, may also be registered in the Swedish register.
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740)
The Swedish Bar Association Code of Conduct adopted 29 August 2008
Description:
Investment and Cross-Border Trade in Services
For admission to the Bar, which is required only for the use of the Swedish title ‘
advokat
’, residency within the EU, EEA or the Swiss Confederation is required. Exemptions may be granted by the board of the Swedish Bar Association. Admission to the Bar is not necessary for the practice of domestic law.
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 the Swiss Confederation.
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.
Only a 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 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.
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC86212 other than accounting services
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
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)
Others, regulating the requirements to make use of approved auditors
Description:
Investment and Cross-Border Trade in Services
Only auditors approved in Sweden, authorised auditors and registered auditing firms may perform statutory auditing services in certain legal entities, including in all limited companies, as well as for natural persons.
Only auditors approved in Sweden, and registered public accounting firms, may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes).
Residency within the EEA or the Swiss Confederation is required for approval.
The titles of ‘approved auditor’ and ‘authorised auditor’ may only be used by auditors approved or authorised in Sweden.
Auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the EEA, unless the Government, or a Government authority appointed by the Government, in a particular case allows otherwise.
Sector:
Business services
Sub-Sector:
Rental or leasing of vehicles without operators
Industry Classification:
CPC 831
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Lag (1998:424) om biluthyrning (Act on renting and leasing cars)
Description:
Cross-Border Trade in Services
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 Sweden.
Sector:
Business services
Sub-Sector:
Rental or leasing services without operators
Rental or leasing of ships
Industry Classification:
CPC 83103
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1
Description:
Investment
To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in case of foreign ownership interests in ships. Dominating Swedish influence means a proportionally large share of Swedish ownership in the ship, and that the operation of the ship is located in Sweden.
Foreign ships may be granted an exemption from this rule where they are rented or leased by Swedish legal persons through bareboat charter contracts. To be granted an exemption, the bareboat charter contract must 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 should be at least one to two years.
Sector:
Business services
Sub-Sector:
Other business services
Industry Classification:
CPC 87909
Type of Reservation:
Market access
Level of Government:
National
Measures:
Cooperative building societies law (1991:614)
Description:
Cross-Border Trade in Services
The economic plan for a building society must be certified by two persons. These persons must be publicly approved by authorities in the EEA.
Sector:
Other business services n.e.c.
Sub-Sector:
Pawn-shops
Industry Classification:
Part of CPC 87909
Type of Reservation:
Market access
Level of Government:
National
Measures:
PAWN SHOP ACT (1995:1000)
Description:
Investment
Pawn-shops must be established as a limited liability company or as a branch.
Sector:
Distribution services
Sub-Sector:
Retailing services
Industry Classification:
Part of CPC 631, part of CPC 6322
Type of Reservation:
Market access
Level of Government:
National
Measures:
The Alcohol Act (2010:1622)
Description:
Investment and Cross-Border Trade in Services
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.
Sector:
Printing and publishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 22, CPC 88442
Type of Reservation:
National treatment
Level of Government:
National
Measures:
The Freedom of the Press Act (1949:105)
Fundamental law on Freedom of Expression (1991:1469)
Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559)
Description:
Investment and Cross-Border Trade in Services
Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are juridical persons must be established in the EEA.
Periodicals that are printed and published in Sweden, and technical recordings must have a responsible editor, who must be domiciled in Sweden.
Sector:
Environmental services
Sub-Sector:
Protection of ambient air and climate
Industry Classification:
CPC 9404
Type of Reservation:
Market access
Level of Government:
National
Measures:
The Vehicles Act (2002:574)
Description:
Cross-Border Trade in Services
Only entities established in Sweden or having their principal seat in Sweden are eligible for accreditation to perform control services of exhaust gas.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
National treatment
Level of Government:
National
Measures:
Lag om försäkringsförmedling (Insurance Mediation Act) (2005:405), Chapter 3, § 2
Description:
Financial Services
Insurance mediation undertakings not incorporated in Sweden may establish only through a branch.
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
Cross-border supply of financial services
Level of Government:
National
Measures:
Foreign Insurers Business in Sweden Act (1998:293)
Description:
Financial Services
The supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.
Sector:
Financial Services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
Market access
Level of Government:
National
Measures:
Sparbankslagen (Savings Bank Act) (1987:619), Chapter 2, § 1, part 2
Description:
Financial Services
A founder of a savings bank shall be a natural person resident in a Member State of the EEA.
Sector:
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship other than fishing and aquaculture, but including transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590
Type of Reservation:
National treatment
Market access
Obligations
Level of Government:
National
Measures:
Maritime Act (1994:1009), Ship safety Ordinance (1994:1009)
The Ship Security Regulation (2003:438)
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
A ship shall be deemed Swedish and may carry the Swedish flag if more than half the equity is owned by Swedish citizens or juridical persons. The Government may permit foreign vessels to fly the Swedish flag where their operations are under Swedish control or the owner can demonstrate that he has his permanent residence in Sweden.
Vessels which are 50 per cent or more owned by nationals of a Member State of the EEA or companies having their registered office, central administration or principal place of business in the EEA and whose operation is controlled from Sweden, may also be registered in the Swedish register.
The commander of a trading vessel or a traditional vessel shall be a national of a Member State of the EEA. Exemptions may be granted by the Swedish Transport Agency.
A separate Swedish reservation applies to vessels used for fishing and aquaculture.
Sector:
Transport
Sub-Sector:
Rail transport services
Industry Classification:
CPC 7111
Type of Reservation:
Market access
Level of Government:
National
Measures:
Järnvägslagen (Rail road Act) (2004:519), Chapter 5, Section 2c
Description:
Investment
Picking up and setting down passengers on the line between Stockholm City and Arlanda Airport (where Arlanda is the starting or final destination of the journey) is limited to one operator. The operator for the line between Arlanda and Stockholm may allow other operators to use their line. This reservation does not apply to transport of passengers between Arlanda and other destinations than Stockholm.
Sector:
Transport
Sub-Sector:
Operators of road haulage and road passenger transport services
Industry Classification:
CPC 712
Type of Reservation:
National treatment
Market access
Most-favoured-nation treatment
Level of Government:
National
Measures:
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)
Taxitrafikförordning (2012:238) (Government regulation on taxis)
Description:
Cross-Border Trade in Services
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 Sweden and have appointed a natural person to act as the transport manager, who must be resident in the EU.
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 Sweden for temporary use, the vehicle may be temporarily used in Sweden. Temporary use is usually defined by the Swedish Transport Agency as meaning not more than one year.
Operators of cross-border road haulage and road passenger transport services abroad need to be licensed for such 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 such bilateral agreement is applicable, a licence is also needed from the Swedish Transport Agency.
Reservations applicable in the United Kingdom
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
National treatment
Market access
Level of Government:
Regional
Measures:
For England and Wales, the Solicitors Act 1974, the Administration of Justice Act 1985 and the Legal Services Act 2007
For Scotland, the Solicitors (Scotland) Act 1980 and the Legal Services (Scotland) Act 2010
For Northern Ireland, the Solicitors (Northern Ireland) Order 1976
In addition, the measures applicable in each jurisdiction include any requirements set by professional and regulatory bodies.
Description:
Investment and Cross-Border Trade in Services
Residency (commercial presence) may be required for the provision of some UK domestic legal services by the relevant professional or regulatory body.
To provide legal services in respect of EU law and the law of Member States of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. In addition, national law may include non-discriminatory requirements as to the organisation of the permitted legal forms.
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
Market access
Level of Government:
National
Measures:
Veterinary Surgeons Act (1966)
Description:
Investment and Cross-Border Trade in Services
Access through partnership or natural persons only.
Physical presence is required to perform veterinary surgery. It is a criminal act under the Veterinary Surgeons Act for anyone in the UK who is not a veterinary surgeon (and a member, therefore, of the Royal College of Veterinary Surgeons (RCVS)) to perform veterinary surgery.
Sector:
Energy
Sub-Sector:
Extraction of crude petroleum and natural gas, services incidental to mining, related scientific and technical consulting services
Industry Classification:
ISIC rev 3.1 11, CPC 883, CPC 8675
Type of Reservation:
Market access
Level of Government:
National
Measures:
Petroleum Act 1988
Description:
Investment and Cross-Border Trade in Services
A licence is necessary to undertake exploration and production activities on the UK Continental Shelf (UKCS), and to provide services which require direct access to or exploitation of natural resources.
This reservation applies to production licences issued with respect to the UK Continental Shelf. To be a Licensee, a company must have a place of business within the UK. That means either: (a) a staffed presence in the UK; (b) registration of a UK company at Companies House; or (c) registration of a UK branch of a foreign company at Companies House. This requirement exists for any company applying for a new licence and for any company seeking to join an existing licence by assignment. It applies to all licences and to all enterprises, whether operator or not.
To be a party to a Licence that covers a producing field, a company must: (a) be registered at Companies House as a UK company; or (b) carry on its business through a fixed place of business in the UK as defined in section 148 of the Finance Act 2003 (which normally requires a staffed presence).
Sector:
Fishing
Transport
Sub-Sector:
All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing
Transport services (passengers and freight) by seagoing vessels
Pilotage and berthing services
Vessel salvage and refloating services
Other supporting services for water transport
Construction for waterways, harbours, dams and other water works
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Level of Government:
National
Measures:
The Merchant Shipping (Registration of Ships) Regulations 1993 and the Merchant Shipping Act 1995
Description:
Investment and International Maritime Transport Services
In order to register a UK flagged vessel, a majority interest in the vessel must be owned by qualified persons. Such qualified persons may include: British citizens resident in the UK; British citizens not resident in the UK where a representative person domiciled in the UK is appointed; and those UK and EEA incorporated companies with a UK place of business or a nominated representative in the UK.
ANNEX II
Headnote
Reservations for future measures
1.
The Schedule of a Party to this Annex sets out, under Articles 8.15 (Reservations and exceptions), 9.7 (Reservations), 14.4 (Reservations), and, for the European Union, Article 13.10 (Reservations and exceptions), the reservations taken by that Party with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a)
Articles 8.6 (National treatment), 9.3 (National treatment) or, for the European Union, Article 13.3 (National treatment);
(b)
Articles 8.7 (Most-favoured-nation treatment), 9.5 (Most-Favoured-nation treatment) or, for the European Union, Article 13.4 (Most-favoured-nation treatment);
(c)
Articles 8.4 (Market access), 9.6 (Market access) or, for the European Union, Article 13.6 (Market access);
(d)
Article 8.5 (Performance requirements);
(e)
Article 8.8 (Senior management and boards of directors) or, for the European Union, Article 13.8 (Senior management and boards of directors);
(f)
for the European Union, Article 13.7 (Cross-border supply of financial services); or
(g)
Article 14.3 (Obligations).
2.
The reservations of a Party are without prejudice to the rights and obligations of the Parties under the GATS.
3.
Each reservation sets out the following elements:
(a)
Sector
 refers to the general sector in which the reservation is taken;
(b)
Sub-Sector
 refers to the specific sector in which the reservation is taken;
(c)
Industry Classification
 refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC rev 3.1, or as expressly otherwise described in a Party's reservation;
(d)
Type of Reservation
 specifies the obligation referred to in paragraph 1 for which a reservation is taken;
(e)
Description
 sets out the scope of the sector, sub-sector or activities covered by the reservation; and
(f)
Existing Measures
 identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
4.
In interpreting a reservation, all elements of the reservation shall be considered. The 
Description
 element shall prevail over all other elements.
5.
A reservation taken at the level of the European Union applies to a measure of a Member State of the European Union at the national level as well as a measure of a government within a Member State of the European Union, unless the reservation excludes a Member State of the European Union. A reservation taken by Canada at the national level of government or by a Member State of the European Union applies to a measure of a government at the regional, provincial, territorial or local level within that country.
6.
Where a Party maintains a measure that requires that a service supplier be a natural person, citizen, permanent resident or resident of its territory as a condition to the supply of a service in its territory, a reservation for that measure taken with respect to cross-border trade in services shall operate as a reservation with respect to investment, to the extent of that measure.
7.
A reservation for a measure that requires a service supplier be a natural person, citizen, permanent resident, or resident of its territory as a condition to the supply of a financial service in its territory taken with respect to Article 13.7 (Cross-border supply of financial services) shall operate as a reservation with respect to Articles 13.3 (National treatment), 13.4 (Most-favoured-nation treatment), 13.6 (Market access), and 13.8 (Senior management and boards of directors), to the extent of that measure.
8.
For the purposes of this Annex including each Party's Schedule to this Annex:
ISIC rev 3.1
 means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N
o
 4, 
ISIC rev
 3.1, 2002.
9.
The following abbreviations are used in the European Union's Schedule to this Annex:
AT
Austria
BE
Belgium
BG
Bulgaria
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EU
European Union, including all its Member States
ES
Spain
EE
Estonia
FI
Finland
FR
France
EL
Greece
HR
Croatia
HU
Hungary
IE
Ireland
IT
Italy
LV
Latvia
LT
Lithuania
LU
Luxembourg
MT
Malta
NL
Netherlands
PL
Poland
PT
Portugal
RO
Romania
SK
Slovakia
SI
Slovenia
SE
Sweden
UK
United Kingdom
Schedule of Canada
Reservations applicable in Canada
(applicable in all Provinces and Territories)
Reservation II-C-1
Sector:
Aboriginal affairs
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure denying investors of the European Union and their investments, or service suppliers of the European Union, rights or preferences provided to aboriginal peoples.
Existing Measures:
Constitution Act, 1982
, being Schedule B to the 
Canada Act 1982
 (U.K.), 1982, c. 11
Reservation II-C-2
Sector:
Agriculture
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure related to collective marketing arrangements for agricultural goods which includes activities such as production, pricing, buying, selling or any other activity to prepare the product in a form, or make it available at a place or time, for purchase for consumption or use.
Existing Measures:
Reservation II-C-3
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Description:
Investment
1.
British Columbia, New Brunswick, Nova Scotia, Nunavut, Prince Edward Island, Quebec, The Northwest Territories, and Yukon, reserve the right to adopt or maintain a measure relating to an enterprise of Canada that is a covered investment that requires 25 per cent or less of the board of directors, or any committee thereof, be of a particular nationality. An amendment to a measure referred to above must not decrease the conformity of the measure, as it existed immediately before the amendment, with the obligations set out in Chapter Eight (Investment).
2.
Canada reserves the right to adopt or maintain a measure requiring that up to 50 per cent of the board of directors of an enterprise that is a covered investment be ordinarily resident in Canada. A granting of residency to a national of the European Union who is an appointee to a board of directors of an enterprise that is a covered investment will be conducted in accordance with Canadian law relating to the entry of foreign nationals. However, a national of the European Union shall not be subject to an economic needs test solely for the purpose of the appointment to the board of directors.
Existing Measures:
Reservation II-C-4
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Description:
Investment
Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership of oceanfront land by investors of the European Union or their investments.
Existing Measures:
Reservation II-C-5
Sector:
Fisheries
Sub-Sector:
Fishing and services incidental to fishing
Industry Classification:
CPC 04, 882
Type of Reservation:
Market access
National treatment
Most-favoured nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Canada reserves the right to adopt or maintain a measure with respect to collective marketing and trading arrangements for fish and seafood products, and licencing fishing or fishing related activities, including entry of foreign fishing vessels to Canada's exclusive economic zone, territorial sea, internal waters or ports, and use of any services therein.
2.
Canada shall endeavour to accord to vessels entitled to fly the flag of a Member State of the European Union treatment no less favourable than the treatment it accords, in like situations, to vessels entitled to fly the flag of any other foreign State.
Existing Measures:
Fisheries Act
, R.S.C. 1985, c. F-14
Coastal Fisheries Protection Act
, R.S.C. 1985, c. C-33
Coastal Fisheries Protection Regulations
, C.R.C. 1978, c. 413
Commercial Fisheries Licensing Policy
Policy on Foreign Investment in the Canadian Fisheries Sector
, 1985
Freshwater Fish Marketing Act
, R.S.C. 1985, c. F-13
Reservation II-C-6
Sector:
Financial services
Sub-Sector:
Services related to security markets
Industry Classification:
CPC 8132
Type of Reservation:
Market access
National treatment
Description:
Investment
Canada reserves the right to adopt or maintain a measure relating to the acquisition, sale or other disposition by nationals of the European Union of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada or a Canadian sub-national government.
Existing Measures:
Financial Administration Act
, R.S.C. 1985, c. F-11
Reservation II-C-7
Sector:
Food, beverage and drug industries
Sub-Sector:
Liquor, wine and beer stores
Industry Classification:
CPC 241, 242, 243, 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
The 
Importation of Intoxicating Liquors Act
 gives each provincial government an import monopoly on intoxicating liquors entering its territory.
Existing Measures:
Importation of Intoxicating Liquors Act
, R.S.C. 1985, c. I-3
Reservation II-C-8
Sector:
Minority affairs
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure conferring rights or privileges to a socially or economically disadvantaged minority.
Existing Measures:
Reservation II-C-9
Sector:
Social services
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure with respect to the supply of public law enforcement and correctional services, as well as the following services to the extent that 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:
Reservation II-C-10
Sector:
Social services
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Canada reserves the right to adopt or maintain a measure with respect to the supply of social services not otherwise reserved under its Reservation II-C-9 in respect of social services.
2.
This reservation shall not extend to the adoption of a new measure imposing limitations on the participation of foreign capital in the supply of such social services.
Existing Measures:
Reservation II-C-11
Sector:
Collection, purification and distribution of water
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure with respect to the collection, purification and distribution of water.
Existing Measures:
Reservation II-C-12
Sector:
Transport
Sub-Sector:
Transportation services 
via
 pipeline
Industry Classification:
CPC 713
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure with respect to the issuance of certificates for the pipeline transportation of fuels.
Existing Measures:
National Energy Board Act
, R.S.C. 1985, c. N-7
Reservation II-C-13
Sector:
Transport
Sub-Sector:
Selling and marketing of air transport services, as defined in Articles 8.1 (Definitions) and 9.1 (Definitions)
Industry Classification:
Defined in Articles 8.1 (Definitions) and 9.1 (Definitions)
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Canada reserves the right to adopt or maintain a measure relating to the selling and marketing of air transportation services.
2.
For greater certainty, this reservation does not affect Canada's rights and obligations under the 
Agreement on Air Transport Between Canada and the European Community and its Member States
, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009.
Existing Measures:
Reservation II-C-14
Sector:
Transport
Sub-Sector:
Construction work for waterways, harbours, dams and other water works
Transportation services by sea-going or non-sea-going vessels
Supporting and other services for water transport
Any other marine activity of a commercial nature undertaken by or from a vessel as set out in the Description element below
Industry Classification:
CPC 5133, 5223, 721, 722, 745, any other marine activity of a commercial nature undertaken by or from a vessel
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Obligations
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
1.
Canada reserves the right to adopt or maintain a measure affecting the investment in or supply of marine cabotage services, including:
(a)
the transportation of goods or passengers by vessel between points in the territory of Canada or above the continental shelf of Canada, directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and
(b)
the engaging by vessel in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada.
2.
This reservation relates to, among other things, limitations and conditions for services suppliers entitled to participate in these activities, to criteria for the issuance of a temporary cabotage licence to foreign vessels, and to limits on the number of cabotage licences issued to foreign vessels.
3.
For greater certainty, this reservation applies, among other things, to marine activities of a commercial nature undertaken by or from a vessel, including feeder services and repositioning of empty containers.
4.
This reservation does not apply to a measure relating to the investment in or the supply of the following marine cabotage services undertaken from a vessel operated by an enterprise of the European Union, or a vessel operated by an enterprise of a third country
 (
1
)
 owned or controlled by a national of the European Union if that vessel is registered in accordance with the laws of a Member State of the European Union and is flying the flag of a Member State of the European Union:
(a)
repositioning owned or leased empty containers on a non-revenue basis;
(b)
(i)
continuous pre or onward transport of international cargo between the Port of Halifax and the Port of Montreal, and between the Port of Montreal and the Port of Halifax, using vessels registered on the first (national) registries referred to in paragraph 1 of the Annex to Commission communication C(2004) 43 — Community guidelines on State Aid to maritime transport; and
(ii)
pre or onward transport of international containerised cargo between the Port of Halifax and the Port of Montreal, and between the Port of Montreal and the Port of Halifax, as a single voyage concurrent to an international leg, using vessels registered on the first (national) or second (international) registries referred to in paragraphs 1, 2, and 4 of the Annex to Commission communication C(2004) 43 — Community guidelines on State Aid to maritime transport; or
(c)
dredging.
Existing Measures:
Coasting Trade Act,
 S.C. 1992, c. 31
Canada Shipping Act, 2001
, S.C. 2001, c. 26
Customs Act
, R.S.C. 1985 (2d Supp.), c. 1
Customs and Excise Offshore Application Act,
 R.S.C. 1985, c. C-53
Reservation II-C-15
Sector:
Transport
Sub-Sector:
Transport services by sea-going or non-sea-going vessels
Supporting services for water transport
Any other marine activity of a commercial nature undertaken from a vessel in waters of mutual interest
Industry Classification:
CPC 721, 722, 745, any other marine activity of a commercial nature undertaken from a vessel
Type of Reservation:
Most-favoured-nation treatment
Obligations
Description:
Cross-Border Trade in Services and International Maritime Transport Services
Canada reserves the right to adopt or maintain a measure relating to the implementation of agreements, arrangements and other formal or informal undertakings with other countries with respect to maritime activities in waters of mutual interest in areas such as pollution control (including double hull requirements for oil tankers), safe navigation, barge inspection standards, water quality, pilotage, salvage, drug abuse control and maritime communications.
Existing Measures:
Reservation II-C-16
Sector:
Transport
Sub-Sector:
Industry Classification:
CPC 07
Type of Reservation:
Market access
Description:
Investment
Canada reserves the right to adopt or maintain a measure relating to the number or type of legal entity which manages or operates transportation infrastructure owned or controlled by Canada.
Existing Measures:
Reservation II-C-17
Sector:
Transport
Sub-Sector:
All transportation sub-sectors, other than the following sub-sectors:
Maritime container station and depot services
Maritime agency services
Maritime freight forwarding services
Aircraft repair and maintenance services
Computer reservation systems
Passenger and freight transportation by railway
Maintenance and repair of rail transport equipment
Repair services n.e.c. of motor vehicles, trailers and semi-trailers, on a fee or contract basis
Maintenance and repair services of motor vehicles
Maintenance and repair services of motorcycles and snowmobiles
Cargo handling services for land transport
Storage and warehousing services for land transport
Freight transport agency services for land transport
Other supporting and auxiliary transport services for land transport
Industry Classification:
CPC 07, CPC 51, CPC 61, CPC 886 and any other commercial activity undertaken from, or with respect to a vessel, aircraft, motor vehicle or rail transport equipment, other than:
CPC 6112
CPC 6122
CPC 7111
CPC 7112
CPC 741 (limited to land transport services)
CPC 742 (limited to land transport services)
CPC 7480 (limited to land transport services)
CPC 7490 (limited to land transport services)
CPC 8867
CPC 8868 (limited to rail transport equipment)
Computer reservation system services as defined in Articles 8.1 (Definitions) and 9.1 (Definitions)
Aircraft repair and maintenance services as defined Articles 8.1 (Definitions) and Article 9.1 (Definitions)
Maritime container station and depot services, maritime agency services, maritime freight forwarding services as defined in Article 14.1 (Definitions)
Type of Reservation:
Market access
Obligations
Description:
Investment, Cross-Border Trade in Services, and International Maritime Transport Services
Canada reserves the right to adopt or maintain a measure related to the designation, establishment, expansion, or operation of monopolies or exclusive service suppliers in the transportation sector.
Existing Measures:
Reservation II-C-18
Sector:
Transport
Sub-Sector:
Supporting and auxiliary transport services
Ground handling services as defined in Articles 8.1 (Definitions) and 9.1 (Definitions)
Industry Classification:
CPC 74, ground handling services as defined in Articles 8.1 (Definitions) and 9.1 (Definitions)
Type of Reservation:
Market access
Description:
Investment
1.
Canada reserves the right to adopt or maintain a measure limiting the number of suppliers of certain supporting and auxiliary transport services related to: the handling of passengers, freight, cargo (including mail) and transportation conveyances that support transportation carriers, at airports, where physical or operational constraints arise primarily as a result of safety or security considerations.
2.
For greater certainty, in the case of ground handling services, this reservation does not affect Canada's rights and obligations under the 
Agreement on Air Transport Between Canada and the European Community and its Member States
, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009.
Existing Measures:
Reservation II-C-19
Sector:
Business services
Sub-Sector:
Technical testing and analysis services
Industry Classification:
CPC 8676
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Canada reserves the right to adopt or maintain a measure affecting the statutory inspection and certification of vessels on behalf of Canada.
2.
For greater certainty, only a person, classification society or other organisation authorised by Canada may carry out statutory inspections and issue Canadian Maritime Documents to Canadian registered vessels and their equipment on behalf of Canada.
Existing Measures:
Reservation II-C-20
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment
1.
Canada reserves the right to adopt or maintain a measure that accords differential treatment under any bilateral or multilateral international agreement in force or signed prior to January 1, 1994.
2.
Canada reserves the right to adopt or maintain a measure that accords differential treatment pursuant to an existing or future bilateral or multilateral agreement relating to:
(a)
aviation;
(b)
fisheries; or
(c)
maritime matters, including salvage.
Existing Measures:
Schedule of Canada
Reservations applicable in Alberta
Reservation II-PT-1
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Alberta reserves the right to adopt or maintain a measure relating to lottery schemes, gaming terminals, games of chance, races, bingos, casinos, or similar activities, that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-2
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Alberta reserves the right to adopt or maintain a measure in the above mentioned sector that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-3
Sector:
Agriculture, forestry and fishing products
Sub-Sector:
Forest resource and processing
Forestry and logging products
Services incidental to forestry and logging
Industry Classification:
CPC 03, 8814
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Alberta reserves the right to adopt or maintain a measure relating to the production, processing, marketing, extraction, and development of forest resources and products derived from them, that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-4
Sector:
Fisheries
Sub-Sector:
Fishing
Services incidental to fishing
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Alberta reserves the right to adopt or maintain a measure relating to the production, processing, and collective marketing of aquaculture, marine, and fish products, that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-5
Sector:
Energy
Sub-Sector:
Services incidental to energy distribution
Transport services 
via
 pipeline
Production, transmission and distribution of electricity, gas, steam and hot water
Crude petroleum and natural gas
Industry Classification:
CPC 120, 17, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Alberta reserves the right to adopt or maintain a measure relating to: (i) the exploration, production, extraction, and development of crude petroleum or natural gas; (ii) the granting of exclusive rights to operate a distribution or transportation system, including, related pipeline and marine distribution and transport services; and (iii) the production, transport, distribution, furnishing, and importation and exportation of electricity, that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in British Columbia
Reservation II-PT-6
Sector:
Energy
Sub-Sector:
Production, transmission, and distribution of electricity, gas, steam and hot water
Crude petroleum and natural gas
Petroleum gases and other gaseous hydrocarbons
Transport services 
via
 pipeline
Services incidental to energy distribution
Industry Classification:
CPC 17, 120, 334, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
British Columbia reserves the right to adopt or maintain a measure relating to: (i) the exploration, production, extraction, and development of crude petroleum or natural gas; (ii) rights to operate related crude petroleum or natural gas distribution or transportation systems, including, related pipeline and marine distribution and transport services; or (iii) the production, transport, distribution, furnishing, and importation and exportation of electricity, that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-7
Sector:
Agriculture, forestry and fisheries products
Sub-Sector:
Forestry and logging products
Services incidental to forestry and logging
Industry Classification:
CPC 03, 8814
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
British Columbia reserves the right to adopt or maintain a measure relating to the production, processing, marketing, extraction, and development of forest resources and products derived from them, including the granting of licences, that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service provider or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-8
Sector:
Fisheries
Sub-Sector:
Fishing
Services incidental to fishing
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
British Columbia reserves the right to adopt or maintain a measure relating to the production, processing, and collective marketing of aquaculture, marine, or other fish products that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-9
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
British Columbia reserves the right to adopt or maintain a measure relating to the conduct and administration of any gambling in the Province including lottery schemes, games of chance or games combining chance and skill, as well as directly related businesses, that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-10
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
British Columbia reserves the right to adopt or maintain a measure relating to the importation, marketing, licensing, sale and distribution of alcoholic beverages in the Province that:
(a)
limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test;
(b)
limits the total value of transactions or assets in the form of a numerical quota 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 a quota or the requirement of an economic needs test;
(d)
limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or
(e)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in Manitoba
Reservation II-PT-11
Sector:
Fisheries
Sub-Sector:
Fish and other fishing products
Wholesale trade services of fisheries products
Services incidental to fishing
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-12
Sector:
Transport
Sub-Sector:
Transport services 
via
 pipeline
Industry Classification:
CPC 713
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-13
Sector:
Alcoholic Beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-14
Sector:
Energy
Sub-Sector:
Crude petroleum and natural gas
Electrical energy
Services incidental to energy distribution
Industry Classification:
CPC 120, 171, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-15
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Forest resource processing
Services incidental to agriculture, hunting and forestry
Manufacture of paper and paper products, on a fee or contract basis
Industry Classification:
CPC 031, 321, 881 (other than rental of agricultural equipment with operator and 8814) 88430, 88441
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-16
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in New Brunswick
Reservation II-PT-17
Sector:
Energy
Sub-Sector:
Electrical energy
Services incidental to energy distribution
Industry Classification:
CPC 17, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
New Brunswick reserves the right to adopt or maintain a measure limiting market access in the transfer of hydraulic power vested in the domain of the Province, the production, transport, distribution and exportation of electricity, and the maintenance of electrical facilities, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of New Brunswick to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-18
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
New Brunswick reserves the right to adopt or maintain monopolies in the sub-sectors noted above.
2.
This reservation is without prejudice to the right of New Brunswick to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Gaming Control Act
, S.N.B. 2008, c. G-1.5
Reservation II-PT-19
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor, wine and beer stores)
Manufacturing of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
New Brunswick reserves the right to adopt or maintain a measure limiting market access in the sub-sectors listed above, with the exception of measures imposing 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.
2.
This reservation is without prejudice to the right of New Brunswick to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
New Brunswick Liquor Corporation Act
, S.N.B. 1974, c. N-6.1
Reservations applicable in Newfoundland and Labrador
Reservation II-PT-20
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Forest resource processing
Services incidental to agriculture, hunting and forestry
Manufacture of paper and paper products, on a fee or contract basis
Industry Classification:
CPC 031, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that:
(a)
limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or
(b)
restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-21
Sector:
Fishing and hunting
Sub-Sector:
Edible products of animal origin n.e.c.
Raw skins of other animals n.e.c. (fresh or preserved, but not further prepared)
Fish and other fishing products
Other meat and edible offal, fresh, chilled or frozen (including rabbit meat), excluding frog legs
Animal oils and fats, crude and refined
Tanned or dressed fur skins
Prepared and preserved fish
Sales on a fee or contract basis of food products, beverages and tobacco
Wholesale trade services of fishery products
Industry Classification:
CPC 0295, 02974, 04, 21129, 212, 2162, 2831, 62112, 62224, 8813, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that:
(a)
limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or
(b)
restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-22
Sector:
Energy
Sub-Sector:
Electrical energy
Services incidental to energy distribution
Industry Classification:
CPC 171, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that:
(a)
limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or
(b)
restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-23
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Service
1.
Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that:
(a)
limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or
(b)
restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-24
Sector:
Transport
Sub-Sector:
Transportation services 
via
 pipeline
Industry Classification:
CPC 7131
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sector, that:
(a)
limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or
(b)
restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-25
Sector:
Energy
Sub-Sector:
Crude petroleum and natural gas
Services incidental to energy distribution
Industry Classification:
CPC 120, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that:
(a)
limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or
(b)
restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity.
2.
This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in the Northwest Territories
Reservation II-PT-26
Sector:
Business services
Sub-Sector:
Services incidental to animal husbandry
Services incidental to hunting
Industry Classification:
CPC 8812, 8813
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-27
Sector:
Alcoholic Beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-28
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Pulp and paperboard
Forest resource processing
Services incidental to agriculture, hunting and forestry
Manufacture of paper and paper products, on a fee or contract basis
Industry Classification:
CPC 03, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-29
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of the Northwest Territories a to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-30
Sector:
Energy
Sub-Sector:
Electrical energy
Transportation services 
via
 pipeline
Services incidental to energy distribution
Industry Classification:
CPC 171, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-31
Sector:
Crude petroleum and natural gas
Sub-Sector:
Crude petroleum and natural gas
Pipeline transport
Services incidental to energy distribution
Industry Classification:
CPC 120
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the exploration, production, extraction, and development of crude petroleum or natural gas, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
The Northwest Territories reserves the right to adopt or maintain a measure granting exclusive rights to operate a distribution or transportation system, including, related pipeline and marine distribution and transport services.
3.
This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-32
Sector:
Fisheries
Sub-Sector:
Fish and other fishing products
Wholesale trade of fishing products
Services incidental to fishing
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of the Northwest Territories a to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-33
Sector:
Transport
Sub-Sector:
Other land transport services
Industry Classification:
CPC 7121, 71222
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
The Northwest Territories reserves the right to adopt or maintain economic needs tests for the provision of urban and interurban bus transportation services. The main criteria include the examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; and the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness, and ability of the applicant to provide proper service.
Existing Measures
Reservations applicable in Nova Scotia
Reservation II-PT-34
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Forest resource processing
Services incidental to agriculture, hunting and forestry
Manufacture of paper and paper products, on a fee or contract basis
Industry Classification:
CPC 031, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-35
Sector:
Fisheries and hunting
Sub-Sector:
Edible products of animal origin n.e.c.
Raw skins of other animals n.e.c. (fresh or preserved, but not further prepared)
Fish and other fishing products
Other meat and edible offal, fresh, chilled or frozen (including rabbit meat), excluding frog legs
Animal oils and fats, crude and refined
Tanned or dressed fur skins
Prepared and preserved fish
Sales on a fee or contract basis of food products, beverages and tobacco
Wholesale trade services of fishery products
Transportation of frozen or refrigerated goods
Industry Classification:
CPC 0295, 02974, 04, 21129, 212, 2162, 2831, 62112, 62224, part of 71231, 8813, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-36
Sector:
Energy
Sub-Sector:
Electrical energy
Services incidental to energy distribution
Industry Classification:
CPC 17, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-37
Sector:
Energy
Sub-Sector:
Crude petroleum and natural gas
Services incidental to energy distribution
Industry Classification:
CPC 120, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-38
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-39
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacturing of alcoholic beverages.
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-40
Sector:
Transport
Sub-Sector:
Transportation services 
via
 pipeline
Industry Classification:
CPC 713
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sector noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in Nunavut
Reservation II-PT-41
Sector:
Business services
Sub-Sector:
Services incidental to animal husbandry
Services incidental to hunting
Industry Classification:
CPC 8812, 8813
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-42
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Nunavut has the authority under the 
Liquor Act
 to import, purchase, produce, distribute, supply, market, and sell alcoholic beverages in Nunavut and to conduct these activities through a territorial monopoly.
3.
This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Liquor Act
, R.S.N.W.T. 1988, c. L-9
Reservation II-PT-43
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sector listed above, with the exception of measures imposing 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.
2.
This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-44
Sector:
Fisheries
Sub-Sector:
Fish and other fishing products
Wholesale trade of fishing products
Services incidental to fishing
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-45
Sector:
Energy
Sub-Sector:
Electrical energy
Electricity distribution or control apparatus
Services incidental to energy distribution
Industry Classification:
CPC 171, 4621, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Nunavut maintains a monopoly on the production, generation, development, transmission, distribution, delivery, supply and exportation of electricity and related services under section 5.1 of the 
Qulliq Energy Corporation Act
.
3.
This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Qulliq Energy Corporation Act
, R.S.N.W.T. 1988, c. N-2
Reservation II-PT-46
Sector:
Energy
Sub-Sector:
Crude petroleum and natural gas
Transport
Services incidental to energy distribution
Industry Classification:
CPC 120, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Nunavut also reserves the right to adopt or maintain any measure limiting market access related to oil and gas development.
3.
This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-47
Sector:
Transport
Sub-Sector:
Freight transport by sea
Industry Classification:
CPC 7212
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sector listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-48
Sector:
Transport
Sub-Sector:
Other land transport services
Industry Classification:
CPC 7121, 71222
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
Nunavut reserves the right to adopt or maintain economic needs tests for the provision of urban and interurban bus transportation services. The main criteria include the examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; and the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness, and ability of the applicant to provide proper service.
Existing Measures
Reservations applicable in Ontario
Reservation II-PT-49
Sector:
Energy
Sub-Sector:
Production, transmission, and distribution of electricity, gas, steam and hot water
Crude petroleum and natural gas
Petroleum gases and other gaseous hydrocarbons
Transport services 
via
 pipeline
Services incidental to energy distribution
Industry Classification:
CPC 17, 120, 334, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Ontario reserves the right to adopt or maintain a measure limiting market access in the exploration, production, generation, extraction, importation, exportation, transportation, transmission, distribution, storage, sale, retailing, marketing, conservation, demand/load management, and development of energy (including, electricity, natural gas, and renewable energy), with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Ontario reserves the right to adopt or maintain a measure limiting market access in the granting of exclusive rights to own or operate a transmission or distribution system or to produce, generate, store, sell, retail, or market energy (including, electricity, natural gas, or renewable energy).
3.
For greater certainty, this reservation is without prejudice to the right of Ontario to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in Prince Edward Island
Reservation II-PT-50
Sector:
Fisheries and aquaculture
Sub-Sector:
Fish and other fishing products
Wholesale trade services of fisheries products
Services incidental to fishing
Industry Classification:
CPC 04, 62224, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-51
Sector:
Energy
Sub-Sector:
Renewable energy systems
Electrical energy, oil and natural gas
Services incidental to energy distribution
Industry Classification:
CPC 120, 17, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-52
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Forest resource processing
Services incidental to agriculture, hunting and forestry
Manufacture of paper and paper products, on a fee or contract basis
Industry Classification:
CPC 03, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-53
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sector noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-54
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in Québec
Reservation II-PT-55
Sector:
Agriculture, fisheries
Sub-Sector:
Products of agriculture, horticulture and market gardening
Live animals and animal products
Fish and other fishing products
Meat, fish, fruit, vegetables, oils and fats
Dairy products
Grain mill products, starches and starch products; other food products
Services incidental to agriculture
Services incidental to animal husbandry
Services incidental to fishing
Industry Classification:
CPC 01, 02, 04, 21, 22, 23, 8811 (other than rental of agricultural equipment with operator), 8812, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Québec reserves the right to adopt or maintain a measure limiting market access in the production, transfer of possession or ownership, processing, and collective marketing of aquaculture, marine, and fish products, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Québec also reserves the right to adopt or maintain a measure limiting market access in connection with the issuance of permits under the 
Food Products Act
.
3.
These measures include, imposing a public interest test and taking into account socio-economic factors.
4.
For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Food Products Act
, C.Q.L.R., c. P-29
An Act to regularize and provide for the development of local slaughterhouses
, C.Q.L.R., c. R-19.1
An Act respecting the marketing of agricultural, food and fish products
, C.Q.L.R. c. M-35.1
An Act respecting the marketing of marine products
, C.Q.L.R., c. C-32.1
The Marine Products Processing Act
, C.Q.L.R., c. T-11.01
Reservation II-PT-56
Sector:
Energy
Sub-Sector:
Electricity energy
Services incidental to energy distribution
Industry Classification:
CPC 171, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Québec reserves the right to adopt or maintain a measure limiting market access in the production, fixing and modification of rates and conditions, transmission, supply, distribution, and exportation of electricity, and in the maintenance of electrical facilities, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Québec reserves the right for the purposes of the activities mentioned in the preceding paragraph, to adopt or maintain a measure related to the transfer and the granting of lands in the domain of the State and of movable and immovable property, and any measure related to all powers and sources of energy from which it is possible to produce electricity.
3.
Hydro-Québec is the holder of exclusive rights regarding the production, transmission, distribution and exportation of electricity. Québec reserves the right to adopt or maintain powers and rights of Hydro-Québec for the purposes of the activities mentioned previously.
4.
These measures include, taking into account socio-economic factors.
5.
For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Hydro-Québec Act
, C.Q.L.R., c. H-5
An Act respecting the exportation of electric power
, C.Q.L.R., c. E-23
An Act respecting the Régie de l'énergie
, C.Q.L.R., c. R-6.01
An Act respecting municipal and private electric power systems
, C.Q.L.R., c. S-41
Act respecting the Ministère des Ressources naturelles et de la Faune
, C.Q.L.R., c. M-25.2
An Act respecting threatened or vulnerable species
, C.Q.L.R., c. E-12.01
Loi sur la Coopérative régionale d'électricité de Saint-Jean-Baptiste de Rouville et abrogeant la Loi pour favoriser l'électrification rurale par l'entremise de coopératives d'électricité
, L.Q. 1986, c. 21
Watercourses Act
, C.Q.L.R., c. R-13
Reservation II-PT-57
Sector:
Energy
Sub-Sector:
Crude petroleum and natural gas
Transport services 
via
 pipeline
Services incidental to energy distribution
Industry Classification:
CPC 120, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Québec reserves the right to adopt or maintain a measure limiting market access in the operation of oil and gas distribution systems and in transport services 
via
 pipeline, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Québec also reserves the right to adopt or maintain a measure limiting market access in oil and gas development.
3.
For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
An Act respecting the Régie de l'énergie
, C.Q.L.R., c. R-6.01
Mining Act
, C.Q.L.R., c. M-13.1
Reservation II-PT-58
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Québec reserves the right to adopt or maintain a measure limiting market access in the lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting rooms, bingo, casinos, publicity contests, consulting and implementation services, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
The Société des loteries du Québec is or may be granted a monopoly in the activities mentioned above.
3.
For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
An Act respecting the Société des loteries du Québec
, C.Q.L.R., c. S-13.1
An Act respecting lotteries, publicity contests and amusement machines
, C.Q.L.R., c. L-6
An Act respecting racing
, C.Q.L.R., c. C-72.1
Reservation II-PT-59
Sector:
Forestry and logging products
Sub-Sector:
Wood in the rough
Products of wood, cork, straw and plaiting materials
Pulp, paper and paper products
Printed matter and related articles
Industry Classification:
CPC 031, 31, 32
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Service
1.
Québec reserves the right to adopt or maintain a measure limiting market access in the forest sector, notably measures related to the forest development, the harvesting of forest resources and the products derived from it (including biomass and non-timber), with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Québec reserves the right to adopt or maintain a measure limiting market access in the marketing or processing of forest resources and the products derived from it as well as any measure limiting market access in the supply of wood processing plants, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
3.
These measures include, imposing public interest tests and taking into account socio-economic factors.
4.
For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
An Act respecting the marketing of agricultural, food and fish products
, C.Q.L.R., c. M-35.1
Forest Act
, C.Q.L.R., c. F-4.1
Sustainable Forest Development Act
, C.Q.L.R., c. A-18.1
An Act respecting the Ministère des Ressources naturelles et de la Faune
, C.Q.L.R., c. M-25.2
Reservations applicable in Saskatchewan
Reservation II-PT-60
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Saskatchewan reserves the right to adopt or maintain a measure to limit the number of covered investments or service suppliers whether in the form of a numerical quota, monopoly, exclusive supplier or the requirements of an economic needs test.
2.
Saskatchewan reserves the right to adopt or maintain a measure to restrict or require a specific type of legal entity or joint venture through which an investor may perform an economic activity in the sub-sectors noted above.
3.
This reservation is without prejudice to the right of Saskatchewan to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-61
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages.
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 643
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Saskatchewan reserves the right to adopt or maintain a measure to limit the number of covered investments or service suppliers whether in the form of a numerical quota, monopoly, exclusive supplier or the requirements of an economic needs test.
2.
Saskatchewan reserves the right to adopt or maintain a measure to restrict or require a specific type of legal entity or joint venture through which an investor may perform an economic activity in the sub-sectors noted above.
3.
This reservation is without prejudice to the right of Saskatchewan to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-62
Sector:
Energy
Sub-Sector:
Electricity, town gas, steam and hot water
Coal gas, water gas, producer gas and similar gases, other than petroleum gases and other gaseous hydrocarbons
Services incidental to energy distribution
Electrical energy
Producer gas
Transport services 
via
 pipeline
Industry Classification:
CPC 17, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Saskatchewan reserves the right to adopt or maintain a measure to limit the number of covered investments or service suppliers whether in the form of a numerical quota, monopoly, exclusive supplier or the requirements of an economic needs test.
2.
Saskatchewan reserves the right to adopt or maintain a measure to restrict or require a specific type of legal entity or joint venture through which an investor may perform an economic activity in the sub-sectors noted above.
3.
This reservation is without prejudice to the right of Saskatchewan to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservations applicable in Yukon
Reservation II-PT-63
Sector:
Alcoholic beverages
Sub-Sector:
Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture and transportation of alcoholic beverages
Industry Classification:
CPC 24 (other than 244), 62112, 62226, 63107, 7123 (other than 71231, 71232, 71233, 71234), 8841
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in advertising, storage, manufacture, distribution, transport, sale and trade of alcoholic beverages, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
The Yukon Liquor Corporation is the sole commercial importer of alcoholic beverages into Yukon. In-territory manufacturers of alcoholic beverages may operate a retail outlet at the manufacturing facility as a manufacturer's agent of the Yukon Liquor Corporation.
3.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-64
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting
Industry Classification:
CPC 96492
Type of Reservation:
Market access
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in the ownership and operation of gambling and gaming facilities, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Yukon reserves the right to limit market access in lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contests, and to conduct such activities, including through a monopoly.
3.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-65
Sector:
Energy
Sub-Sector:
Crude petroleum and natural gas
Transport services 
via
 pipeline
Services incidental to energy distribution
Industry Classification:
CPC 120, 713, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in the exploration, production, extraction, and development of oil and gas, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
Yukon reserves the right to adopt or maintain a measure granting an exclusive right to operate a natural gas or oil distribution or transportation system, including, an activity related to oil and natural gas pipeline and marine distribution and transport services.
3.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-66
Sector:
Energy
Sub-Sector:
Production, transmission, and distribution of electricity, gas, steam and hot water
Electricity and related services
Industry Classification:
CPC 17, 887
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in water power, the production, transport, distribution, furnishing, and exportation of electricity, the commercial and industrial uses of water, and services incidental to energy distribution with the exception of measures imposing 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.
2.
Yukon may make available to Yukon Development Corporation (or any subsidiary or successor corporation) for operational purposes any facility or any water power that is owned by Yukon or under its control.
3.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-67
Sector:
Forestry
Sub-Sector:
Forestry and logging products
Industry Classification:
CPC 03, 531
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in activities related to forestry and logging products, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-68
Sector:
Forestry and agriculture
Sub-Sector:
Services incidental to agriculture
Services incidental to animal husbandry
Agricultural land, forest and other wooded land
Crown land leases and permits
Forestry and logging products
Industry Classification:
CPC 03, 531, 8811 (other than rental of agricultural equipment with operator), 8812
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in agricultural land, forest resources, and grazing agreements, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-69
Sector:
Fisheries
Sub-Sector:
Fish and other fishing products
Services incidental to fishing
Industry Classification:
CPC 04, 882
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in fisheries, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-70
Sector:
Business services
Sub-Sector:
Research and experimental development services on natural sciences and engineering
Research and experimental development services on social sciences and humanities
Interdisciplinary research and experimental development services
Industry Classification:
CPC 851, 852 (linguistics and languages only), 853
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access in research and development services, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
Reservation II-PT-71
Sector:
Business services
Sub-Sector:
Recycling on a fee or contract basis
Industry Classification:
CPC 88493
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
1.
Yukon reserves the right to adopt or maintain a measure limiting market access related to recycling, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
2.
This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2.
Existing Measures
EU Party
Reservations applicable in the European Union
(applicable in all Member States of the EU unless otherwise indicated)
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
Description:
Investment
In all Member States of the EU, services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.
Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical.
This reservation does not apply to telecommunications and to computer and related services.
Existing Measures:
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords 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 such 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.
Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement.
Existing Measures:
European Economic Area (EEA)
Stabilisation Agreements
EU-Swiss Confederation bilateral agreements
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment
The EU reserves the right to adopt or maintain any measure which accords differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States of the EU: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT, UK, and any of the following countries or principalities: San Marino, Monaco, Andorra, and the Vatican City State.
Existing Measures:
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure, in particular within the framework of the Common Fisheries Policy, and of fishing agreements with a third country, with respect to 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 of the EU.
The EU reserves the right to adopt or maintain any measure:
(a)
regulating the landing of catches performed in the sub-quotas allocated to vessels of Canada or of a third country in EU ports;
(b)
determining a minimum size for a company in order to preserve both artisanal and coastal fishing vessels; or
(c)
according differential treatment to a Canada 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 of the EU may only be granted to vessels flying the flag of a Member State of the EU.
The EU reserves the right to adopt or maintain any measure with regard to the nationality of the crew of a fishing vessel flying the flag of a Member State of the EU.
National complementary reservations may be found in the schedules of reservations applicable in BE, BG, DE, DK, ES, FI, FR, IT, LT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK and UK.
Existing Measures:
Sector:
Collection, purification and distribution of water
Sub-Sector:
Industry Classification:
ISIC rev 3.1 41
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to 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.
Existing Measures:
Sector:
Business services
Sub-Sector:
Legal services
Services of notaries
Services by bailiffs
Industry Classification:
Part of CPC 861, part of CPC 87902
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in 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 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.
Existing Measures:
Sector:
Distribution and health services
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
For all Member States of the EU with the exception of BE, BG, EE, and IE, 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 BG, DE and EE, the mail order of pharmaceuticals is prohibited. In IE, the mail order of pharmaceuticals requiring a prescription is prohibited.
National complementary reservations may be found in the schedules of reservations applicable in BE, FI, SE and SK.
Existing Measures:
Sector:
Distribution and health services
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Description:
Investment
The EU, with the exception of EL, IE, LT, LU, NL, and the UK, reserves the right to adopt or maintain any measure which restricts 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 such factors as the number of and impact on existing establishments, transport infrastructure, population density or geographic spread.
National complementary reservations may be found in the schedules of reservations applicable in AT, DE, ES, FI, FR, IT, LU, LV, MT, PT, SE and SI.
Existing Measures:
Sector:
Business services
Sub-Sector:
Other business services (collection agency services, credit reporting services)
Industry Classification:
CPC 87901, CPC 87902
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
The EU, with the exception of ES and SE, reserves the right to adopt or maintain any measure with regard to the supply of collection agency services and credit reporting services.
Existing Measures:
Sector:
Business services
Sub-Sector:
Placement services of office support personnel and other workers
Supply services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel
Industry Classification:
CPC 87202, CPC 87204, CPC 87205, CPC 87206, CPC 87209
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The EU, with the exception of BE, HU and SE, reserves the right to require establishment and to prohibit the cross-border supply of placement services of office support personnel and other workers.
The EU, with the exception of HU and SE, reserves the right to adopt or maintain any measure with regard to the supply of placement services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel.
National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, CY, CZ, DE, EE, ES, FI, FR, IT, LT, LV, MT, PL, PT, RO, SI, and SK.
Existing Measures:
Sector:
Business services
Sub-Sector:
Investigation services
Industry Classification:
CPC 87301
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The EU, with the exception of AT and SE, reserves the right to adopt or maintain any measure with regard to the supply of investigation services. Residency or commercial presence is required and nationality requirements may exist.
National complementary reservations may be found in the schedules of reservations applicable in LT and PT.
Existing Measures:
Sector:
Business services
Auxiliary services to maritime, internal waterways, rail and air transport
Sub-Sector:
Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof
Industry Classification:
Part of CPC 86764, CPC 86769, CPC 8868,
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
The EU, with the exception of DE, EE and HU, reserves the right to adopt or maintain any measure with respect to requiring 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.
The EU, with the exception of CZ, EE, HU, LU and SK, reserves the right to adopt or maintain any measure with respect to requiring 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.
The EU, with the exception of EE, HU and LV, reserves the right to adopt or maintain any measure with respect to requiring 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.
Only recognised organisations authorised by the EU may carry out statutory surveys and certification of ships on behalf of Member States of the EU. Establishment may be required.
The EU, with the exception of AT, EE, HU, LV, and PL, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance (including line maintenance) and repair services of aircraft and parts thereof from outside its territory.
Existing Measures:
Sector:
Communication services
Sub-Sector:
Telecommunication services
Industry Classification:
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to broadcast transmission services.
Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
Existing Measures:
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Industry Classification:
CPC 9619, CPC 963, CPC 964 other than CPC 96492
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The EU, with the exception of AT reserves the right to adopt or maintain any measure with respect to the supply of library, archive, museum, and other cultural services. LT reserves the right to adopt or maintain any measure requiring the establishment of suppliers and restricting the cross-border supply of these services. In AT and LT, a licence or concession may be required to provide these services.
CY, CZ, FI, MT, PL, RO, SI, and SK reserve the right to adopt or maintain any measure with respect to the supply of entertainment services, including theatre, live bands, circus and discotheque services.
In addition, the EU, with the exception of AT and SE, reserves the right to adopt or maintain any measure requiring establishment and restricting the cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services.
BG reserves the right to adopt or maintain any measure with respect to the supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services.
EE reserves the right to adopt or maintain any measure with respect to the supply of other entertainment services except for cinema theatre services.
LT and LV reserve the right to adopt or maintain any measure with respect to the supply of all entertainment services other than cinema theatre operation services.
BG, CY, CZ, EE, LV, MT, PL, RO, and SK reserve the right to adopt or maintain any measure with respect to the cross-border supply of sporting and other recreational services.
AT reserves the right to adopt or maintain any measure with respect to the supply of mountain guide or ski school services.
Existing Measures:
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Gambling and betting services
Industry Classification:
CPC 96492
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The EU, with the exception of MT, reserves the right to adopt or maintain any measure with respect to the supply of gambling activities, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making organisations.
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.
Existing Measures:
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 92
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with regard to the supply of all educational services which receive public funding or State support in any form, and are therefore not considered to be privately funded.
The EU, with the exception of CZ, NL, SE and SK, reserves the right to adopt or maintain any measure with respect to the supply of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services.
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.
National complementary reservations may be found in the schedules of reservations applicable in AT, BG, CY, CZ, FI, FR, IT, MT, RO, SE, SI, and SK.
Existing Measures:
Sector:
Health and social services
Sub-Sector:
Human health services
Social services
Industry Classification:
CPC 931 other than 9312, part of 93191
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
The EU, with the exception of HU, reserves the right to adopt or maintain any measure requiring the establishment or physical presence in its territory of suppliers and restricting the cross-border supply of health services from outside their territory.
The EU reserves the right to adopt or maintain any measure requiring the establishment or physical presence in their territory of suppliers and restricting the cross-border supply of social services from outside their territory, as well as with respect to 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.
Existing Measures:
Sector:
Health services
Sub-Sector:
Industry Classification:
CPC 931 other than 9312, part of CPC 93191
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The EU reserves the right to adopt or maintain any measure with regard to 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 reserves the right to adopt or maintain any measure with regard to all privately funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services.
The participation of private operators in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.
This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists,, which are covered by other reservations.
National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, CY, CZ, FI, FR, MT, PL, SI, SK and UK.
Existing Measures:
Sector:
Health services
Sub-Sector:
Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services
Industry Classification:
CPC 9312, part of CPC 93191
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
In the EU, with the exception of BE, FI, NL and SE, the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, requires residency.
These services may only be provided by natural persons physically present in the territory of the EU.
National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, FI, FR, MT, SK and UK.
Existing Measures:
None
Sector:
Social services
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The EU reserves the right to adopt or maintain any measure with regard to 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 with regard to 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.
National complementary reservations may be found in the schedules of reservations applicable in BE, CY, CZ, DE, DK, EL, ES, FI, FR, HU, IE, IT, LT, MT, PL, PT, RO, SI, SK, and UK.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
Description:
Financial Services
The EU reserves the right to adopt or maintain any measure requiring a financial institution, other than a branch, when establishing in a Member State of the EU to adopt a specific legal form, on a non-discriminatory basis.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial services
Only firms having their registered office in the EU can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Member State of the EU, is required to perform the activities of management of common funds, including unit trusts, and where allowed under national law, investment companies.
Existing Measures:
Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS)
Sector:
Air transport
Sub-Sector:
Servicesauxiliary to air transport
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future bilateral agreements relating to the following Auxiliary air transport services:
(a)
the selling and marketing of air transport services;
(b)
computer reservation system (CRS) services; and
(c)
other services auxiliary to air transport, such as ground-handling services and airport operation services.
In respect of maintenance and repair of aircrafts and parts, the EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future trade agreements pursuant to Article V of GATS.
Existing Measures:
Sector:
Air transport
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Market access
Senior management and boards of directors
Performance requirements
Most-favoured-nation treatment
Description:
Investment
The EU reserves the right to adopt or maintain any measure relating to air services, or related services in support of air services and other services supplied by means of air transport other than the services set out in Article 8.2.2(a) (i) to (v), with respect to the establishment, acquisition or expansion of a covered investment, to the extent that such measures are not excluded from the scope of Sections B and C of Chapter Eight (Investment).
Existing Measures:
Sector:
Transport
Sub-Sector:
Water transport
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 722, CPC 74520, CPC 74540, CPC 74590, CPC 882
Type of Reservation:
National treatment
Market access
Senior management and board of directors
Description:
Investment
The EU reserves the right to adopt or maintain any measure with regard to the registration of a non-seagoing vessel in order to fly the national flag of a Member State of the EU, and with regard to the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment. This reservation relates to, among other elements, requirements for incorporation or to maintain a principal office in the Member State of the EU concerned, as well as requirements relating to ownership of capital and control.
Existing Measures:
Sector:
Transport
Sub-Sector:
Water transport
Industry Classification:
CPC 5133 CPC 5223,CPC 721,CPC 722,CPC 74520, CPC 74540, CPC 74590
Any other commercial activity undertaken from a ship
Type of Reservation:
National treatment
Market access
Senior management and board of directors
Obligations
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
The EU reserves the right to adopt or maintain any measure with regard to the nationality of crew on a seagoing or non-seagoing vessel.
Existing Measures:
Sector:
Transport
Sub-Sector:
Water transport
Supporting services for water transport
Industry Classification:
CPC 72, CPC 745
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Most-favoured-nation treatment
Obligations
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
The EU reserves the right to adopt or maintain any measure with respect to the supply of national cabotage transport.
Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national cabotage transport is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the EU and another port or point located in the same Member State of the EU, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the EU.
For greater certainty, this reservation applies 
inter alia
 to feeder services. This reservation does not apply to shipping companies of Canada repositioning owned or leased containers on a non-revenue basis.
Existing Measures:
Sector:
Transport
Sub-Sector:
Water transport:pilotage and berthing services, pushing and towing services
Industry Classification:
CPC 7214, CPC 7224, CPC 7452
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to the supply of pilotage and berthing services. For greater clarity, regardless of the criteria which may apply to the registration of ships in a Member State of the EU, the EU reserves the right to require that only ships registered on the national registers of Member States of the EU may provide pilotage and berthing services.
For the EU, with the exception of LT and LV, only vessels carrying the flag of a Member State of the EU may provide pushing and towing services.
For LT, only juridical persons of Lithuania or juridical persons of a Member State of the EU with branches in Lithuania that have a Certificate issued by the Lithuanian Maritime Safety Administration may provide pilotage and berthing, pushing and towing services.
Existing Measures:
Sector:
Transport
Sub-Sector:
Internal waterways transport
Industry Classification:
CPC 722
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future agreements relating to access to inland waterways (including agreements following the Rhine-Main-Danube link), which reserve traffic rights for operators based in the countries concerned who meet nationality criteria regarding ownership.
Subject to regulations implementing the Mannheim Convention on Rhine Shipping. This part of the reservation only applies to the following Member States of the EU: BE, DE, FR and NL.
Existing Measures:
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to require establishment and to limit the cross-border supply of road transport services.
The EU reserves the right to adopt or maintain measures limiting the supply of cabotage within a Member State of the EU by foreign investors established in another Member State of the EU.
An economic needs test may apply to taxi services in the EU with the exception of BE. The economic needs test, when applied, sets a limit on the number of service suppliers. Main criteria: Local demand as provided in applicable laws.
For road passenger and freight transportation, national complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, ES, FI, FR, IE, IT, LT, LV, MT, PT, RO, SE, and SK.
Existing Measures:
Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC
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
Regulation (EC) No 1073/2009of 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
Sector:
Transport
Sub-Sector:
Road and rail transport
Industry Classification:
CPC 7111, CPC 7112, CPC 7121, CPC 7122, CPC 7123
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords 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 of the EU and a third country.
Such 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
 (
2
)
; or
(b)
provide for tax exemptions for such vehicles.
Existing Measures:
Sector:
Transport
Sub-Sector:
Space transport
Rental of space craft
Industry Classification:
CPC 733, part of CPC 734
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to the transportation services via space and the rental of space craft.
Existing Measures:
Sector:
Energy
Sub-Sector:
Electricity and gas transmission systems
Oil and gas pipeline transport
Industry Classification:
ISIC rev 3.1 401, 402, CPC 7131, CPC 887 (other than advisory and consultancy services)
Type of Reservation:
National treatment
Market access
Performance requirements
Senior management and boards of directors
Description:
Investment
Where a Member State of the EU permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, the EU reserves the right to adopt or maintain any measure with respect to enterprises of Canada controlled by natural persons or enterprises of a third country which accounts for more than 5 per cent 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 of the EU.
This reservation does not apply to advisory and consultancy services provided as services incidental to energy distribution.
This reservation does not apply to 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.
National complementary reservations may be found in the schedules of reservations applicable in BE, BG, CY, FI, FR, HU, LT, NL, PT, SI and SK.
Existing Measures:
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
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
Reservations applicable in Austria
Sector:
Manufacture of nuclear fuel, electricity, gas and water supply
Sub-Sector:
Nuclear based electricity generation, processing of nuclear material and fuel, transportation and handling of nuclear material
Industry Classification:
ISIC rev 3.1 233 , ISIC rev 3.1 40
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Austria reserves the right to adopt or maintain any measure with respect to the processing, distribution or transportation of nuclear material and generation of nuclear-based energy.
Existing Measures:
Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Law on a Nuclear Free Austria), BGBl. I Nr. 149/1999
Sector:
Business services
Sub-Sector:
Placement services of office support personnel and other workers
Supply services of office support personnel
Industry Classification:
CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Austria reserves the right to adopt or maintain any measure with regard to the supply of supply services of office support personnel, and the establishment of suppliers of placement services of office support personnel and other workers.
Existing Measures:
Sector:
Education services
Sub-Sector:
Higher education services
Adult education services
Industry Classification:
CPC 923, CPC 924
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Austria reserves the right to adopt or maintain any measure with regard to the supply of privately funded higher education services.
Austria reserves the right to prohibit the cross-border supply of privately funded adult education services by means of radio or television broadcasting.
Existing Measures:
Sector:
Health services
Sub-Sector:
Ambulance services
Industry Classification:
CPC 93192
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Austriareserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance services.
Existing Measures:
Reservations applicable in Belgium
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, 0502, CPC 882
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
A fishing licence is mandatory for performing marine fishing activities in Belgium. The owner of a vessel who has a fishing licence is either a legal person or a natural person. The natural person has to be a resident of Belgium when applying for a fishing licence. The legal person has to be a domestic firm and the managers of the domestic firm have to be active in fisheries and to be residents of Belgium when applying for a fishing licence.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.
Requirement of nationality of a Member State of the EU for members of boards of directors of companies providing guard and security services, as well as consultancy and training relating to security services. The senior management of companies providing guard and security consultancy services are required to be resident nationals of a Member State of the EU.
Existing Measures:
Sector:
Distribution
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods
Industry Classification:
CPC 63211
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Mail order is only authorised for pharmacies open to the public, thus establishment in Belgium is required for the retail of pharmaceuticals
Existing Measures:
Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens
Arrêté royal du 10 novembre 1967 relatif à l'exercice des professions des soins de santé
Sector:
Health services
Sub-Sector:
Ambulance services
Residential health services other than hospital services
Industry Classification:
CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Belgiumreserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance and residential health services other than hospital services.
Existing Measures:
Sector:
Health services
Sub-Sector:
Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services, veterinary services
Industry Classification:
Part of CPC 85201, CPC 9312, part of CPC 93191, CPC932
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure relating to the cross-border supply of medical, dental and midwives services and services provided by nurses, physiotherapists and paramedical personnel, and veterinary services.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Belgiumreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Sector:
Transport
Sub-Sector:
Cargo handling services
Industry Classification:
CPC 741
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
Cargo handling services can only be operated by accredited workers, eligible to work in port areas designated by royal decree.
Existing Measures:
Loi du 8 juin 1972 organisant le travail portuaire.
Arrêté royal du 12 janvier 1973 instituant une Commission paritaire des ports et fixant sa dénomination et sa compétence
Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers)
Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand)
Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge)
Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende)
Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les zones portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le travail portuaire, tel que modifié.
Sector:
Transport
Sub-Sector:
Road transport
Industry Classification:
CPC 71221
Type of Reservation:
Market access
Description:
Investment
Belgium reserves the right to restrict the availability of licences to provide taxi services.
For the Brussels Capital Region
: A maximum number of licences is fixed by law.
For the Flemish Region
: A maximum number of taxis per capita is fixed by law. This number can be adjusted, in which case an economic needs test is applied. Main criteria: degree of urbanisation, average occupancy rate of existing taxis.
For the Walloon Region
: A maximum number of taxis per capita is fixed by law. This number can be adjusted, in which case an economic needs test is applied. Main criteria: average occupancy rate of existing taxis.
Existing Measures:
Sector:
Energy
Sub-Sector:
Production of electricity
Industry Classification:
ISIC rev 3.1 4010
Type of Reservation:
National treatment
Market access
Description:
Investment
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 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 Belgium is subject to concession and a joint venture obligation with a company from a Member State of the EU, 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 shall have its central administration or its head office in a Member State of the EU 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.
Existing Measures:
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
Sector:
Energy
Sub-Sector:
Energy transmission services and bulk storage services of gas
Industry Classification:
ISIC rev 3.1 4010,CPC 71310, part of CPC 742, CPC 887 (other than consultancy services)
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure related to the types of legal entities and to the treatment of public or private operators to whom Belgium has conferred exclusive rights. Establishment is required within EU for energy transmission services and for bulk storage services of gas.
Existing Measures:
Sector:
Energy
Sub-Sector:
Energy distribution services and services incidental to energy distribution
Industry Classification:
CPC 887 (other than consultancy services)
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure related to energy distribution services and services incidental to energy distribution.
Existing Measures:
Sector:
Energy
Sub-Sector:
Transport via pipeline of fuel
Industry Classification:
CPC 7131
Type of Reservation:
National treatment
Market access
Description:
Cross-border Trade in Services
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 of the EU (in accordance with Art. 3 of the AR of 14 May 2002).
Where the authorisation is requested by a company then:
(a)
the company must be established in accordance with Belgian law, or the law of another Member State of the EU, 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 of the EU, 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.
Existing Measures:
Arrêté Royal du 14 mai 2002 relatif à l'autorisation de transport de produits gazeux et autres par canalisations.
Sector:
Energy
Sub-Sector:
Wholesaling services of electricity and gas
Industry Classification:
CPC 62271
Type of Reservation:
National treatment
Description:
Cross-border Trade in Services
An authorisation is necessary for the supply of electricity by an intermediary having customers established in Belgium who are connected to the national grid system or to a direct line whose nominal voltage is higher than 70,000 volts. Such an authorisation may only be granted to a natural or juridical person established in the EEA.
In general, the supply of natural gas to customers (customers being both distribution companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in Belgium is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. Such an authorisation may only be granted to a natural or juridical person established in a Member State of the EU.
Existing Measures:
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
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
Sector:
Energy
Sub-Sector:
Nuclear energy
Industry Classification:
ISIC rev 3.1 233 , ISIC rev 3.1 40
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure with respect to the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.
Existing Measures:
Sector:
Mining and quarrying, manufacturing and energy
Sub-Sector:
Mining and quarrying, manufacture of refined petroleumproducts and nuclear fuel, electricity, gas and hot water supply
Industry Classification:
ISIC rev 3.1 10, ISIC rev 3.11110, ISIC rev 3.1 13, ISIC rev 3.1 14, ISIC rev 3.1 232 , part of ISIC rev 3.1 4010, part of ISIC rev 3.1 4020, part of ISIC rev 3.1 4030
Type of Reservation:
Market access
National treatment
Description:
Investment
With the exception of the mining of metal ores and other mining and quarrying, enterprises of Canada controlled by natural persons or enterprises of a third country which accounts for more than 5 per cent 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).
Existing Measures:
Reservations applicable in Bulgaria
Sector:
All sectors
Sub-Sector:
Acquisition ofreal estate
Industry Classification:
Type of Reservation:
National treatment
Description:
Investment
Foreign natural and foreign juridical persons (including through a branch) cannot acquire ownership of land in Bulgaria. Juridical persons of Bulgaria with foreign participation cannot acquire ownership of agricultural land. Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights (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:
Constitution of the Republic of Bulgaria, art. 22
Law on Ownership and Use of Agricultural Land, art. 3
Law on Forests, art. 10
Sector:
All sectors other than mining and quarrying
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Measures:
Law on State Property
Concessions Act
Law on Privatisation and Post-Privatisation Control
Description:
Investment
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.
Commercial corporations in which the State or a municipality holds a share in the capital exceeding 50 per cent, 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.
This reservation does not apply to mining and quarrying, which are subject to a separate reservation in Annex I.
Existing Measures:
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
The taking of marine and river-living resources, performed by vessels in the internal marine waters, the territorial sea and on the inland waterways of Bulgaria, shall be performed by vessels flying the flag of Bulgaria. A foreign ship may not engage in commercial fishing in the exclusive economic zone save on the basis of an agreement between Bulgaria and the flag state. While passing through the exclusive economic zone, foreign fishing ships may not maintain their fishing gear in operational mode.
Existing Measures:
Sector:
Energy
Sub-Sector:
Industry Classification:
ISIC rev 3.1 40, CPC 71310, part of CPC 88
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with respect to the production of electricity and heatand to the services incidental to energy distribution, as well as to pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission.
Existing Measures:
Energy Act
Sector:
Manufacture of nuclear fuel, electricity, gas and water supply
Sub-Sector:
Nuclear-based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material
Industry Classification:
ISIC rev 3.123, ISIC rev 3.1 40
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment
Bulgaria reserves the right to adopt or maintain any measure with respect to 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 (incl. engineering and consulting services and services relating to software, etc.).
Existing Measures:
Safe Use of Nuclear Energy Act
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
In Bulgaria, full national treatment on the establishment and operation of companies, as well as on the supply of services, may be extended only to companies established in, and citizens of, the countries with whom preferential arrangements have been or will be concluded.
Existing Measures:
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211 and CPC 86212 other than accounting services
Type of Reservation:
National treatment
Measures:
Independent Financial Audit Act
Description:
Cross-Border Trade in Services
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 Canada or of a third country upon the latter's 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:
Sector:
Health services
Sub-Sector:
Veterinary services
Industry Classification:
CPC 932
Type of Reservation:
National treatment
Market access
Measures:
Veterinary Practices Act
Description:
Investment and Cross-Border Trade in Services
In Bulgaria, 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 EEA, otherwise a permanent residence permit is required for foreign nationals (physical presence is required).
Existing Measures:
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Bulgaria reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Distribution
Sub-Sector:
Distribution of chemical products
Distribution of precious metals and stones
Distribution of pharmaceuticals, products and objects for medical use and medical substances
Distribution of tobacco and tobacco products
Distribution of alcoholic beverages
Industry Classification:
Part of CPC 621, CPC 62228, CPC 62251, CPC 62271, part of CPC 62272, CPC 62276, CPC 63108, part of CPC 6329
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with respect to the distribution of chemical products, precious metals and stones, pharmaceuticals, medical substances and products and objects for medical use; tobacco and tobacco products and alcoholic beverages.
Bulgaria reserves the right to adopt or maintain any measure with respect to the services provided by commodity brokers.
Existing Measures:
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
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 921, CPC 922, CPC 923
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure restricting the cross-border supply of privately funded primary and secondary education services.
Bulgaria reserves the right to adopt or maintain any measure with respect to the supply of privately funded higher education services.
Existing Measures:
Public Education Act, art. 12
Law for the Higher Education, paragraph 4 of the additional provisions
Vocational Education and Training Act, art. 22
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Cross-Border supply of financial services
Description:
Financial Services
Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Bulgaria may not be underwritten by foreign insurance companies directly.
Sector:
Health services
Sub-Sector:
Industry Classification:
CPC 9311, CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Bulgariareserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.
Existing Measures:
Sector:
Health services
Sub-Sector:
Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services
Industry Classification:
CPC 9312, part of 9319
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Bulgaria reserves the right to adopt or maintain any measure with respect to the supply of all health-related professional services, including medical and dental services, services provided by nurses, midwives, physiotherapists, paramedical personnel, as well as psychologist services.
Existing Measures:
Law for Medical Establishments
Professional Organisation of Medical Nurses, Midwives and Associated Medical Specialists Guild Act
Sector:
Transport
Sub-Sector:
Supporting services for road transport
Industry Classification:
CPC 744
Type of Reservation:
National treatment
Measures:
Bulgarian Act for Road Transport, art. 6
Description:
Cross-Border Trade in Services
Establishment is required.
Existing Measures:
Sector:
Water transport
Sub-Sector:
Supporting services for water transport
Industry Classification:
Part of CPC 741, part of CPC 742
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
In so far as Canada and its provinces and territories allow service suppliers from Bulgaria to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers, Bulgaria will allow services suppliers from Canada 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.
Existing Measures:
Sector:
Rail transport
Sub-Sector:
Industry Classification:
CPC7111, CPC 7112
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned..
Existing Measures:
Sector:
Road transport
Sub-Sector:
Industry Classification:
CPC7111, CPC 7112
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures taken under existing or future agreements, which reserve or restrict the supply of these kinds of transportation services and specify the terms and conditions of this supply, including transit permits or preferential road taxes, in the territory of Bulgaria or across the borders of Bulgaria.
Existing Measures:
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of a Member State of the EU and to juridical persons of the EU having their headquarters in the EU.
Incorporation is required. Condition of nationality of a Member State of the EU for natural persons.
Existing Measures:
Reservations applicable in Croatia
Sector:
Agriculture, hunting
Sub-Sector:
Industry Classification:
ISIC rev 3.1 011 , ISIC rev 3.1 012 , ISIC rev 3.1 013 , ISIC rev 3.1 014 , ISIC rev 3.1 015 , CPC 8811, CPC 8812, CPC 8813 other than advisory and consultancy services
Type of Reservation:
Market access
National treatment
Description:
Investment
Croatia reserves the right to adopt or maintain any measure with respect to agricultural and hunting activities.
Existing Measures:
Sector:
Business services
Sub-Sector:
Urban planning
Industry Classification:
CPC 8674
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of urban planning.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87305
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to security consultation services and guard services.
Existing Measures:
Sector:
Other business services
Sub-Sector:
Translation and interpretation services
Industry Classification:
CPC 87905
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of translation and interpretation of official documents.
Existing Measures
Sector:
Transport services
Sub-Sector:
Road transport services
Industry Classification:
CPC 7111 and CPC 7112
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures applied under existing or future agreements on international road transport and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of Croatia to the parties concerned.
Existing Measures:
Sector:
Transport services
Sub-Sector:
Services auxiliary to all modes of transport
Industry Classification:
CPC 741, CPC 742, CPC 743, CPC 744, CPC 745, CPC 746, CPC 749
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of services auxiliary to transport other than freight transport agency services, transportation document preparation services and supporting services for road transport that are subject to permit.
Existing Measures:
Reservations applicable in Cyprus
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure with regard to the supply of security services.
Existing Measures:
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 921, CPC 922, CPC 923, CPC 924
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.
Existing Measures:
Sector:
Health services
Sub-Sector:
Hospital services
Ambulance services
Residential health services other than hospital services
Industry Classification:
CPC 9311, CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Cyprusreserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Cyprusreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Sector:
Energy
Sub-Sector:
Industry Classification:
ISIC rev 3.1 232 , ISIC rev 3.1 4010, ISIC rev 3.1 4020, CPC 613, CPC 62271, CPC 63297, CPC 7131, CPC 742, and CPC 887 (other than advisory and consulting services)
Type of Reservation:
National treatment
Market access
Senior management and boards of directors
Performance requirements
Description:
Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure limiting the cross-border supply of and requiring establishment for storage and warehousing services of fuels transported through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order.
Cyprus reserves the right to adopt or maintain any measure with respect to 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 per cent 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.
Existing Measures:
The Regulating of the Electricity Market Laws of 2003 to 2008 (arts. 34(2) and 37)
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
The Petroleum and Fuel Specifications Laws of 2003 to 2009
Reservations applicable in the Czech Republic
Sector:
Business services
Sub-Sector:
Real estate services
Industry Classification:
CPC 821, CPC 822
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with respect to the cross-border supply of real estate services.
Existing Measures:
Sector:
Business services
Sub-Sector:
Auction services
Industry Classification:
part of CPC 612, part of CPC 621, part of CPC 625, part of 85990
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Auction services in the Czech Republic are subject to licence. To obtain a licence (for the supply of voluntary public auctions), a company must be incorporated in the Czech Republic and a natural person is required to obtain a residency permit, and the company, or natural person must be registered in the Commercial Register of the Czech Republic.
Existing Measures:
Act no.455/1991 Coll., Trade Licence Act
Act no. 26/2000 Coll., on public auctions
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment
Only an enterprise in which at least 60 per cent of capital interests or voting rights are reserved to nationals of the Czech Republic or of the Member States of the EU may be authorised to carry out audits in the Czech Republic.
Existing Measures:
Law of 14 April 2009 no. 93/2009 Coll., on Auditors
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 921, CPC 922, CPC 923, CPC 924
Type of Reservation:
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
In the Czech Republic,the majority of the members of the board of directors of an establishment providing privately-funded education services must be nationals of the Czech Republic.
Existing Measures:
Sector:
Health services
Sub-Sector:
Hospital services
Ambulance services
Residential health services other than hospital services
Industry Classification:
CPC 9311, CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The Czech Republicreserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.
Existing Measures:
Act No. 372/2011 Sb. on Health Care Services and Conditions of Their Provision
Sector:
Health services
Sub-Sector:
Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services
Other health-related services
Industry Classification:
CPC 9312, part of CPC 9319
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with regard 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, as well as other health-related services relating to the handling of human tissues, organs and cells intended for use in man.
Existing Measures:
Act No 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and Cells Intended for Use in Man (‘Act on Human Tissues and Cells’)
Act No 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts (Act on Pharmaceuticals)
Act. 123/2000 Coll., on Medical Devices
Act. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts (Transplantation Act)
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The Czech Republicreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.
Existing Measures
Sector:
Rail transport
Sub-Sector:
Industry Classification:
CPC7111, CPC 7112
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned.
Existing Measures:
Sector:
Road transport
Sub-Sector:
Industry Classification:
CPC 7121, CPC 7122, CPC 7123
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
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 transport services into, in, across and out of the Czech Republic to the contracting parties concerned.
Existing Measures:
Reservations applicable in Denmark
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as:
(a)
financial support to research and development (R&D) projects (the Nordic Industrial Fund);
(b)
funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
(c)
financial assistance to companies
 (
3
)
 utilizing environmental technology (the Nordic Environment Finance Corporation).
This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Arts. 8.15.5(a) and (b), and 9.2.2(f) and (g) respectively.
Existing Measures:
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Non-EU residents cannot own one-third or more of a business engaged in commercial fishing in Denmark.
Non-EU residents cannot own Danish flag vessels except through a company incorporated in Denmark.
For a company to register its vessel as a Danish fishing vessel, at least two-thirds of the owners of the company must be registered as fishermen having an ‘A’ status fishing licence, or two-thirds of the shares of the company must be owned by another company which is entirely owned by fishermen having an ‘A’ status licence.
To obtain an ‘A’ status fishing licence, a natural person must have lived in Denmark for two years prior to the request to obtain a licence or hold Danish citizenship. These restrictions do not apply to persons within the EU or Member States of the EEA.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Denmark reserves the right to adopt or maintain any measure with regard to the supply of airport guard services.
In order to provide security services in Denmark, it is a requirement to be a national juridical person.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial Services
No persons or companies (including insurance companies) may, for business purposes in Denmark, assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Denmark reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Reservations applicable in Estonia
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
National treatment
Description:
Investment
Only a natural person who is an Estonian citizen or the citizen of a Member State of the EEA, or a legal person who is entered in the appropriate Estonian register, may acquire an immovable used for profit yielding land, the land use type categories of which include agricultural or forest land, and only with the authorisation of the county governor.
This reservation does not apply to the acquisition of agricultural or forest land for the purposes of providing a service which is liberalised under this agreement.
Existing Measures:
Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapters 2 and 3
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Estonia reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Estonia reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Estonia reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial Services
For acceptance of deposits, requirement of authorisation by the Estonian Financial Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or a branch.
Existing Measures:
Krediidiasutuste seadus (Credit Institutions Act) § 20.6.
Sector:
Transport
Sub-Sector:
Maritime transport
Road transport
Rail transport
Industry Classification:
Part of CPC 711, part of CPC 712, part of CPC 721
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Estonia reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements on international road transport (including combined transport-road or rail), reserving or limiting the supply of a transport services into, in, across and out of Estonia to the contracting Parties to vehicles registered in each contracting Party, and providing for tax exemption for such vehicles.
Existing Measures:
Reservations applicable in Finland
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
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:
Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), s. 2
Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), s. 11
Sector:
All services
Sub-Sector:
Electronicidentification services
Industry Classification:
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Finland reserves the right to require establishment in Finland, or elsewhere in the EEA in order to provide electronic identification services.
Existing Measures:
Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä allekirjoituksista (Act on Strong Electronic Identification and Electronic Signatures) 617/2009
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as:
(a)
financial support to 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
 (
4
)
 utilizing environmental technology (the Nordic Environment Finance Corporation).
This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Arts. 8.15.5 (a) and (b), and 9.2.2 (f) and (g) respectively.
Existing Measures:
Sector:
Manufacture of nuclear fuel, electricity, gas and water supply
Sub-Sector:
Nuclear based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material
Industry Classification:
ISIC rev 3.1 233, ISIC rev 3.1 40
Type of Reservation:
National treatment
Market access
Description:
Investment
Finland reserves the right to adopt or maintain any measure with respect to the processing, distribution or transportation of nuclear material and generation of nuclear-based energy.
Existing Measures:
Ydinenergialaki (Nuclear Energy Act) (990/1987)
Sector:
Business services
Sub-Sector:
Executive search
Placement services of office support personnel and other workers
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
National treatment
Market access
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Finland reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel and other workers.
Existing Measures:
Laki julkisesta työvoima- ja yrityspalvelusta (Act on Public Employment and Enterprise Service) (916/2012)
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
National treatment
Market access
Description:
Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.
Licences to provide security services may be granted only to natural persons resident in the EEA or juridical persons established in the EEA.
Existing Measures:
Laki yksityisistä turvallisuuspalveluista (Private Security Services Act) 282/2002
Sector:
Distribution services
Sub-Sector:
Distribution of alcoholic beverages
Industry Classification:
Part of CPC 62112, CPC 62226, CPC 63107, CPC 8929
Type of Reservation:
National treatment
Market access
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to the distribution of alcoholic beverages.
Existing Measures:
Alkoholilaki (Alcohol Act) (1143/1994)
Sector:
Distribution services
Sub-Sector:
Distribution of pharmaceutical products
Industry Classification:
CPC 62117, CPC 62251, CPC 63211, CPC 8929
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with regard to distribution of pharmaceutical products.
Existing Measures:
Lääkelaki (Medicine Act) (395/1987)
Sector:
Energy
Sub-Sector:
Transmission and distribution networks and systems
Importation, wholesale and retail of electricity
Production and distribution of gas, steam and hot water
Industry Classification:
ISIC rev 3.1 40, CPC 7131, CPC 887 (other than advisory and consultancy services)
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Performance requirements
Description:
Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with regard to transmission and distribution networks and systems of energy and of steam and hot water.
Finland reserves the right to prevent control or ownership of a liquefied natural gas (LNG) terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign persons or enterprises for energy security reasons.
Finland reserves the right to adopt or maintain any measure with regard to the importation, wholesale and retail of electricity.
Finland reserves the right to adopt or maintain 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.
Existing Measures:
Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000)
Sähkömarkkinalaki (Electricity Market Act) (386/1995)
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 921, CPC 922, CPC 923, CPC 924
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.
Existing Measures:
Perusopetuslaki (Basic Education Act) (628/1998)
Lukiolaki (General Upper Secondary Schools Act) (629/1998)
Laki ammatillisesta koulutuksesta (Vocational Training and Education Act) (630/1998)
Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act) (631/1998)
Ammattikorkeakoululaki (Polytechnics Act) (351/2003)
Yliopistolaki (Universities Act) (558/2009)
Sector:
Health services
Sub-Sector:
Hospital services
Ambulance services
Residential health services other than hospital services
Other human health services
Industry Classification:
CPC 9311, CPC 93192, CPC 93193, CPC 93199
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Finlandreserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, residential health services other than hospital services, and other human health services.
Existing Measures:
Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990)
Sector:
Health services
Sub-Sector:
Health-related professions
:
 medical and dental services, services provided by midwives, physiotherapeutic and para-medical services, services provided by psychologists
Industry Classification:
CPC 9312, CPC 93191
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to 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. This reservation does not apply to services provided by nurses.
Existing Measures:
Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990)
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Finlandreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.
Existing Measures:
Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011).
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
National treatment
Market access
Cross-Border supply of financial services
Senior management and boards of directors
Description:
Financial Services
The supply of insurance broker services is subject to a permanent place of business in the EU.
Only insurers having a head office in the EU or having a branch in Finland may offer direct insurance services, including co-insurance.
At least one half of the members of the board of directors and the supervisory board, the managing director of an insurance company providing statutory pension insurance shall have their place of residence in the EEA, unless the competent authorities have granted an exemption. Foreign insurers cannot obtain a licence in Finland as a branch to carry on statutory pension insurance. At least one auditor shall have his 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 and the supervisory board and the managing director. At least one auditor shall have his permanent residence in the EEA.
The general agent of an insurance company of Canada must have his place of residence in Finland, unless the company has its head office in the EU.
Existing Measures:
Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995)
Vakuutusyhtiölaki (Insurance Companies Act) (521/2008)
Laki vakuutusedustuksesta (Act on Insurance Mediation) (570/2005)
Laki työeläkevakuutusyhtiöistä (Act on Companies providing statutory pension insurance) (354/1997)
Sector:
Financial services
Sub-Sector:
Banking and other financial services
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Cross-Border supply of financial services
Description:
Financial Services
At least one of the founders, the members of the board of directors, the supervisory board, the managing director of banking services providers and the person entitled to sign the name of the credit institution shall have their permanent residence in the EEA. At least one auditor shall have his permanent residence in the EEA.
For payment services, residency or domicile in Finland may be required.
Existing Measures:
Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (Act on Commercial Banks and Other Credit Institutions in the Form of a Limited Company) (1501/2001)
Säästöpankkilaki (1502/2001) (Savings Bank Act)
Laki osuuspankeista ja muista osuuskuntamuotoisista luottolaitoksista (1504/2001) (Act on Cooperative Banks and Other Credit Institutions in the Form of a Cooperative Bank)
Laki hypoteekkiyhdistyksistä (936/1978) (Act on Mortgage Societies)
Maksulaitoslaki (297/2010) (Act on Payment Institutions)
Laki ulkomaisen maksulaitoksen toiminnasta Suomessa (298/2010) (Act on the Operation of Foreign Payment Institution in Finland)
Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007)
Sector:
Transport
Sub-Sector:
Passenger or freight transport by rail
Industry Classification:
CPC 7111, CPC 7112
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to 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 is 100 per cent owned by the State) until 2017 in Helsinki Metropolitan Area and elsewhere until 2019 in this field, which may be renewed.
Existing Measures:
Rautatielaki (Railway Act) (304/2011)
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
National treatment
Market access
Description:
Investment
Commercial fishing can only be exercised by vessels flying the flag of Finland. Additional requirements may apply, which relate, 
inter alia
, to ownership of the vessel and the existence of a sufficient connection to the fishing industry of Finland.
Existing Measures:
Merilaki (Maritime Act) 674/1994
Kalastuslaki (Fishing Act) 286/1982
Laki merellä toimivien kalastus- ja vesiviljelyalusten rekisteröinnistä (Act on Registration of Sea-going vessels engaged in Fishing and Aquaculture) 690/2010
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Authorisation is required to provide road transport services, which is not extended to foreign registered vehicles.
Existing Measures:
Laki kaupallisista tavarankuljetuksista tiellä (Act on Commercial Road Transport) 693/2006
Ajoneuvolaki (Vehicles Act) 1090/2002
Sector:
Transport
Sub-Sector:
Maritime transport
Road transport
Rail transport
Industry Classification:
Part of CPC 711, part of CPC 712, part of CPC 721
Type of Reservation:
Most-favoured-nation treatment
Obligations
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
Finland reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements exempting vessels registered under the foreign flag of a specified other country or foreign registered vehicles from the general prohibition from providing cabotage transport (including combined transport, road and rail) in Finland on the basis of reciprocity.
Existing Measures:
Reservations applicable in France
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Types of establishment — Pursuant to arts. L151-1 and R153-1 of the financial and monetary code, foreign investments in France in sectors listed in art. R153-2 of the financial and monetary code are subject to prior approval from the Minister for the Economy.
Existing Measures:
Financial and monetary code, arts. L151-1, R153-1
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Measures:
Description:
Investment
Types of establishment — France reserves the right to limit foreign participation in newly privatised companies to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public.
For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not a holder of a permanent residence permit.
Existing Measures
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
National treatment
Market access
Description:
Investment
Nationals of non-EU countries cannot participate in French maritime State property for fish, shellfish or algae farming.
Existing Measures:
Sector:
Business services
Sub-Sector:
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
France reserves the right to restrict the number of suppliers of placement services. These services are subject to a state monopoly.
France reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.
Nationality requirement for managing directors and directors.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Cross-Border supply of financial services
Description:
Financial Services
Insurance of risks relating to ground transport may be underwritten only by insurance firms established in the EU.
Existing Measures:
Art. L 310-10 du code des assurances
Sector:
Health services
Sub-Sector:
Laboratory analysis and testing
Industry Classification:
Part ofCPC 9311
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
France reserves the right to adopt or maintain any measure with regard to the supply of privately funded laboratory analysis and testing services.
Existing Measures:
Art. L 6213-1 à 6213-6 du Code de la Santé Publique
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Francereserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Sector:
Tourism and travel related services
Sub-Sector:
Tourist guides services
Industry Classification:
CPC 7472
Type of Reservation:
National treatment
Description:
Cross-Border Trade in Services
France reserves the right to require nationality of a Member State of the EU for the supply of tourist guide services in its territory.
Existing Measures:
None
Sector:
News and press agency services
Sub-Sector:
Industry Classification:
CPC 962
Type of Reservation:
Market access
National treatment
Description:
Investment
Foreign participation in existing companies publishing publications in the French language may not exceed 20 per cent of the capital or of voting rights in the company.
Establishment of press agencies of Canada is subject to conditions set out in domestic regulation.
Establishment of press agencies by foreign investors is subject to reciprocity.
Existing Measures:
Ordonnance n
o
 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de presse
Loi n
o
 86-897 du 1 août 1986 portant réforme du régime juridique de la presse
Sector:
Energy
Sub-Sector:
Electricity and gas transmission systems
Oil and gas pipeline transport
Industry Classification:
ISIC rev 3.1 401 , ISIC rev 3.1 402 , CPC 7131,CPC 887
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
France reserves the right to adopt or maintain any measure with regard to electricity and gas transmission systems and oil and gas pipeline transport.
Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by EDF, may own and operate electricity transmission or distribution systems.
Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by GDF-Suez, may own and operate gas transmission or distribution systems for reasons of national energy security.
Existing Measures:
Loi N
o
 2004-803 du 9 août 2004 relative au service public de l'électricité et du gaz et aux entreprises électriques et gazières
Loi N°2005-781 du 13 juillet 2005
Loi N°2000-108 du 10 février 2000
Sector:
Production of electricity
Industry Classification:
ISIC rev 3.1 4010
Type of Reservation:
Market access
Description:
Investment
France reserves the right to adopt or maintain any measure with respect to the production of electricity.
Existing Measures:
Sector:
Manufacturing, production, processing, generation, distribution or transportation of nuclear material
Sub-Sector:
Nuclear based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material
Industry Classification:
ISIC rev 3.1 12, ISIC rev 3.1 23, ISIC rev 3.1 40, ISIC rev 3.1 1200, ISIC rev 3.1 2330, part of ISIC rev 3.1 4010
Type of Reservation:
Market access
National treatment
Description:
Investment
The manufacturing, production, processing, generation, distribution or transportation of nuclear material must respect the obligations of the Euratom-Canada agreement.
Existing Measures:
Sector:
Rental or leasing services without operators
Sub-Sector:
Other rental or leasing services without operators
Industry Classification:
CPC 832
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
France reserves the right to adopt or maintain any measure with regard to the supply of other rental or leasing services without operator.
Existing Measures:
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
National treatment
Description:
Investment
Foreign investors are not allowed to provide intercity bussing services.
Existing Measures:
Reservations applicable in Germany
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, 0502, CPC 882
Type of Reservation:
National treatment
Market access
Senior management and boards of directors
Description:
Investment
The majority of shares must be owned by citizens of a Member State of the EU or companies established in accordance with EU rules and that have their principal place of business in a Member State of the EU. The use of the vessels must be headed and supervised by persons residing in Germany.
In order to obtain a fishing licence, all fishing vessels must register with the relevant coastal states in which the ships have their home ports.
Existing Measures:
Sector:
Environmental services
Sub-Sector:
Waste management: sewage, refuse disposal, and sanitation services
Industry Classification:
CPC 9401, CPC 9402, CPC 9403
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services and requiring establishment with respect to the supply of waste management services, other than advisory services.
Germany reserves the right to adopt or maintain any measure relating to the designation, establishment, expansion, or operation of monopolies or exclusive services suppliers providing waste management services.
Existing Measures:
Sector:
Environmental services
Sub-Sector:
Soil management
Industry Classification:
CPC 94060
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services and requiring establishment with respect to services relating to the protection of soil and the management of contaminated soils, other than advisory services.
Germany reserves the right to adopt or maintain any measure relating to the designation, establishment, expansion, or operation of monopolies or exclusive services suppliers providing soil management and protection services.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial Services
Compulsory air insurance policies can be underwritten only by a subsidiary established in the EU or by a branch established in Germany.
Existing Measures:
§§ 105 ff ‘Versicherungsaufsichtsgesetz’ (VAG), insbesondere § 105 Abs. 2 VAG: ‘Versicherungsunternehmen eines Drittstaates, die im Inland das Erst- oder Rückversicherungsgeschäft durch Mittelspersonen betreiben wollen, bedürfen der Erlaubnis.’
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial Services
If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.
Existing Measures:
§ 43 Abs. 2 Luftverkehrsgesetz (LuftVG) und § 105 Abs. 1 Luftverkehrszulassungsordnung (LuftVZO)
Sector:
Other business services
Sub-Sector:
Placement and supply services of personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203, CPC 87204, CPC 87205, CPC 87206, CPC 87209
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services.
Germany reserves the right to restrict the number of suppliers of placement services. Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market.
Germany reserves the right to introduce or maintain a monopoly of the Federal Labour Agency (
Bundesagentur für Arbeit
). Pursuant to Sec. 292 Social Code Book III (
Drittes Buch Sozialgesetzbuch
 — 
SGB III
), the Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of extra-EU and extra-EEA personnel for specified professions.
Existing Measures:
§ 292 Social Code Book III (Drittes Buch Sozialgesetzbuch)
Sector:
Health and social services
Sub-Sector:
Industry Classification:
CPC 93
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Germany reserves the right to adopt or maintain any measure with regard to the supply of the Social Security System of Germany, where services may be provided by different companies or entities involving competitive elements which are thus not ‘Services carried out exclusively in the exercise of governmental authority’. Germany reserves the right to accord better treatment in the context of a bilateral trade agreement with regard to the supply of health and social services.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Germany reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Germany reserves the right to adopt or maintain any measure regarding the Social Security System of Germany, where services are provided by different companies or entities involving competitive elements and might therefore not fall under the definition of the ‘
Services carried out exclusively in the exercise of governmental authority
’.
Existing Measures:
Sector:
Health services
Sub-Sector:
Hospital services
Industry Classification:
CPC 93110
Type of Reservation:
Market access
National treatment
Description:
Investment
Germany reserves the right to maintain national ownership of privately funded hospitals run by the German Forces. Germany reserves the right to nationalise other key privately funded hospitals
.
Existing Measures:
Sector:
Recreational, cultural and sporting services
Sub-Sector:
Entertainment services, including theatre, live bands and circus services
Libraries, archives and museums and other cultural services
Industry Classification:
CPC 96, other than CPC 962 and CPC 964 and audiovisual services
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services irrespective of their mode of production, distribution, or transmission and requiring establishment with respect to entertainment services, with the exception of audiovisual services which are not subject to liberalisation under this agreement.
Germany reserves the right to adopt or maintain any measure with respect to the supply of libraries, archives, museums and other cultural services.
Existing Measures:
Sector:
Energy
Sub-Sector:
Nuclear-based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material
Industry Classification:
ISIC rev 3.1 120, ISIC rev 3.1 40, CPC 887.
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure with respect to the processing or transportation of nuclear material and generation of nuclear-based energy.
Existing Measures:
Sector:
Rental or leasing of vessels
Sub-Sector:
Industry Classification:
CPC 7213, CPC 7223, CPC 83103
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Chartering-in of foreign ships by consumers resident in Germany may be subject to a condition of reciprocity.
Existing Measures:
Sector:
Other services not included elsewhere
Sub-Sector:
Funeral, cremation and undertaking services
Industry Classification:
CPC 9703
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure with respect to funeral, cremation and undertaking services. 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.
Existing Measures:
Reservations applicable in Greece
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Greece reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Reservations applicable in Hungary
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment
Hungary reserves the right to adopt or maintain any measure with respect to the acquisition of state-owned properties.
Existing Measures:
Sector:
All sectors
Sub-Sector:
Legal entities
Industry Classification:
Type of Reservation:
Market access
Measures:
Description:
Investment
Commercial presence should take a form of limited liability company, joint-stock company or representative office. Initial entry as a branch is not permitted except for financial services.
Existing Measures:
Sector:
All sectors
Sub-Sector:
Acquisition of arable land
Industry Classification:
Type of Reservation:
National treatment
Market access
Description:
Investment
Hungary reserves the right to adopt or maintain any measure with regard to 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:
Act CXXII of 2013 concerning agricultural and forestry land trade
Act CCXII of 2013 laying down certain provisions and transition rules in connection with Act No CXXII of 2013 concerning agricultural and forestry land trade
Sector:
Agriculture
Sub-Sector:
Industry Classification:
ISIC rev 3.1 011 , ISIC rev 3.1 012 , ISIC rev 3.1 013 , ISIC rev 3.1 014 , ISIC rev 3.1 015  other than advisory and consultancy services
Type of Reservation:
Market access
National treatment
Description:
Investment
Hungary reserves the right to adopt or maintain any measures with respect to agricultural activities.
Existing Measures:
Sector:
Business services
Sub-Sector:
Accounting, bookkeeping and auditing services
Industry Classification:
CPC 86211, CPC 86212, CPC 86220
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to cross-border activities for accounting, bookkeeping and auditing services.
Existing Measures:
Act C of 2000, Act LXXV of 2007
Sector:
Business services
Sub-Sector:
Real estate services
Industry Classification:
CPC 821, CPC 822
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to the cross-border supply of real estate services.
Existing Measures:
Sector:
Business services
Sub-Sector:
Services incidental to manufacturing
Services incidental to energy distribution
Industry Classification:
Part of CPC 884, CPC 887 other than advisory and consulting services
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to 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.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87304, CPC 87305
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with regard to the supply of armoured car services and guard services.
Existing Measures:
Sector:
Business services
Sub-Sector:
Duplicating services
Industry Classification:
CPC 87904
Type of Reservation:
Market access
Description:
Cross-Border Trade in services
Hungary reserves the right to require establishment for the supply of duplicating services.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial Services
The supply of direct insurance in the territory of Hungary by insurance companies not established in the EU is allowed only through a branch office registered in Hungary.
Existing Measures:
Act LX of 2003
Sector:
Health services
Sub-Sector:
Hospital, ambulance and residential health services other than hospital services
Industry Classification:
CPC 9311, CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure requiring the establishment or physical presence in its territory of suppliers and restricting the cross-border supply from outside its territory of all hospital, ambulance, and residential health services other than hospital services, which receive public funding.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Hungaryreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services
Existing Measures:
Sector:
Recreational, cultural and sporting agencies
Sub-Sector:
News and press agencies services
Industry Classification:
CPC 962
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to the supply of news and press agencies services.
Existing Measures:
None
Sector:
Manufacturing of electricity, gas and water supply
Sub-Sector:
Nuclear based electricity generation
Processing of nuclear fuel
Industry Classification:
ISIC rev 3.1 2330, part of ISIC rev 3.1 4010
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Hungary reserves the right to adopt or maintain any measure with respect to the processing of nuclear fuel and nuclear-based electricity generation.
Existing Measures:
Act CXVI of 1996 on Nuclear Energy, Government Decree Nr. 72/2000 on Nuclear Energy
Sector:
Energy services
Sub-Sector:
Pipeline transportation of fuels
Industry Classification:
CPC 7131
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
The supply of pipeline transport services requires establishment.
Services may be provided through a Contract of Concession granted by the state or the local authority. The supply of this service is regulated by the Hungarian Concession Law.
Existing Measures:
Act XVI of 1991 about Concessions
Reservations applicable in Ireland
Sector:
Business services
Sub-Sector:
Executive search
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Cross-Border Trade in Services
Ireland reserves the right to require establishment and to prohibit the cross-border supply of executive search services.
Ireland reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Irelandreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation
Industry Classification:
CPC 7121, CPC 7122
Type of Reservation:
Market access
Description:
Investment
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.
Existing Measures:
Public Transport Regulation Act 2009
Reservations applicable in Italy
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Description:
Investment
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.
Where there is a threat of serious injury to the essential interests of defence and national security, the Government has 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 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 physical 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:
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
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Fishing in Italian territorial waters is reserved to Italian flagged vessels.
Existing Measures:
Royal Decree 327/1942 (modified with Law 222/2007), arts. 143, 221 (Navigation Code)
Sector:
Business services
Sub-Sector:
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Italy reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.
Italy reserves the right to restrict the number of suppliers of placement services and supply services of office support personnel.
Existing Measures:
Legislative Decree 276/2003 arts. 4, 5
Sector:
Education services
Sub-Sector:
Primary education services
Secondary education services
Higher education services
Industry Classification:
CPC 921, CPC 922, CPC 923
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Italy reserves the right to require establishment and to restrict the cross-border supply of privately funded primary and secondary education services.
Existing Measures:
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)
Decree of the President of the Republic (DPR) 25/1998
Sector:
Financial services
Sub-Sector:
Banking and other financial services (except insurance)
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial Services
Italy reserves the right to adopt or maintain any measure relating to the activities of ‘
promotori di servizi finanziari
’.
Existing Measures:
Arts. 91-111 of Consob Regulation on Intermediaries (no. 16190 of 29 October 2007)
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Cross-Border supply of financial services
Description:
Financial Services
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 EU, except for international transport involving imports into Italy.
Existing Measures:
Art. 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005)
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Cross-Border supply of financial services
Description:
Financial Services
Italy reserves the right to adopt or maintain any measure requiring establishment and limiting the cross-border supply of actuarial services.
Existing Measures:
Law 194/1942 on the actuarial profession
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Italyreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Law 833/1978 Institution of the public health system
Legislative Decree 502/1992 Organisation and discipline of the health field
Law 328/2000 Reform of social services
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
Description:
Investment
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.
Existing Measures:
Legislative decree 285/1992 (Road Code and subsequent amendments) art. 85
Legislative Decree 395/2000 art. 8 (road transport of passengers)
Law 21/1992 (Framework law on non-scheduled public road transport of passengers)
Law 218/2003 art. 1 (transport of passenger through rented buses with driver)
Law 151/1981 (framework law on public local transport)
Reservations applicable in Latvia
Sector:
All sectors
Sub-Sector:
Acquisition of rural land
Industry Classification:
Type of Reservation:
National treatment
Market access
Description:
Investment
Latvia reserves the right to adopt or maintain any measure with regard to the acquisition of rural land by nationals of Canada or of a third country, including with regard to the authorisation process for the acquisition of rural land.
Existing Measures:
Law on land privatisation in rural areas, ss. 28, 29, 30.
Sector:
Veterinary services
Sub-Sector:
Industry Classification:
CPC 932
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Latvia reserves the right to adopt or maintain any measure relating to the cross-border supply of veterinary services.
Existing Measures:
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Latvia reserves the right to adopt or maintain any measure with regard to the supply of executive search services, placement services, and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Latvia reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
National treatment
Description:
Investment
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.
Existing Measures:
Reservations applicable in Lithuania
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Lithuania reserves the right to adopt or maintain any measure with respect to enterprises of strategic importance to national security which must belong to the State by the right of ownership (proportion of capital which may be held by private national or foreign persons conforming to national security interests, procedure and criteria for determination of conformity of potential national investors and potential enterprise participants, etc.).
Existing Measures:
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 21 July 2009 No. XI-375.
Sector:
All sectors
Sub-Sector:
Purchase of land
Industry Classification:
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure which is consistent with the commitments taken by the EU and which are applicable in Lithuania in 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 Organisation for Economic Co-operation and Development and North Atlantic Treaty Organization conducting economic activities in Lithuania, which are specified by the constitutional law in compliance with the criteria of European and other integration which Lithuania has embarked on, are permitted to acquire into their ownership non-agricultural land plots required for the construction and operation of buildings and facilities necessary for their direct activities.
Existing Measures:
Constitution of the Republic of Lithuania
The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Art. 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
Law on acquisition of agricultural land of 24 April 2014, No. XII-854
Sector:
Business services
Sub-Sector:
Legal services
Industry Classification:
Part of CPC 861
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Attorneys from foreign countries can participate as advocates in court only in accordance with bilateral agreements on legal assistance.
Existing Measures:
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with regard to the supply of executive search services, placement services, and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Business services
Sub-Sector:
Investigation services
Industry Classification:
CPC 87301
Type of Reservation:
Market access
Description:
Investment
In Lithuania, investigation services are a monopoly reserved to the State.
Existing Measures:
Sector:
Tourism and travel-related services
Sub-Sector:
Tourist guides services
Industry Classification:
CPC 7472
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
In so far as Canada and its provinces and territories allow nationals of Lithuania to provide tourist guide services, Lithuania will allow nationals of Canada to provide tourist guide services under the same conditions.
Existing Measures:
Sector:
Telecommunications
Sub-Sector:
Industry Classification:
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
State Enterprise ‘Infostruktura’ has exclusive rights to provide the following services: data transmission through secure state data transmission networks, granting of internet addresses ending ‘gov.lt’, certification of electronic cash-registers.
Existing Measures:
Government Resolution of28 May 2002 No.756 On the approval of the standard procedure for setting prices and tariffs of goods and services of a monopolistic nature provided by state owned enterprises and public institutions established by ministries, governmental institutions and county governors and assigned to them.
Sector:
Construction services
Sub-Sector:
Industry Classification:
CPC 51
Type of Reservation:
Market access
Measures:
Law on Construction of Republic of Lithuania of 19 March 1996 No. I-1240
Description:
Cross-Border Trade in Services
The right to prepare design documentation for construction works of exceptional significance is only given to a design enterprise registered in Lithuania, or a foreign design enterprise which has been approved by an institution authorised by the Government for such activities. The right to perform technical activities in the main areas of construction may be granted to a non-Lithuanian person who has been approved by an institution authorised by the Government of Lithuania.
Existing Measures:
Law on Construction of Republic of Lithuania of 19 March 1996 No. I-1240
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with regard to the cross-border supply of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
Market access
Senior management and boards of directors
National Treatment
Measures:
Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085
Law on Collective Investment Undertakings of the Republic of Lithuania of 4 July 2003 No IX-1709
Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June 1999 No VIII-1212
Description:
Financial Services
For the purpose of asset management, incorporation as a specialised management company (no branches) is required.
Only banks having their registered office or branch in Lithuania may act as the depositories of the assets of investment fund.
Only banks having their registered office or branch in Lithuania and authorised to provide investment services in the Member States of the EU or in the Member States of the EEA may act as the depositories of the assets of pension funds.
At least one head of a bank's administration must speak the Lithuanian language and permanently reside in Lithuania.
Existing Measures:
Sector:
Energy services
Sub-Sector:
Pipeline transportation of fuels
Industry Classification:
CPC 7131
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with respect to pipeline transportation of fuels.
Existing Measures:
Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973
Sector:
Energy
Sub-Sector:
Storage and warehouse services of fuels transported through pipelines
Industry Classification:
ISIC rev 3.1 402 , CPC 742
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with respect to services auxiliary to pipeline transport of goods other than fuel.
Existing Measures:
Law On Natural Gas of the Republic of Lithuania 10 October 2000 No VIII-1973 (Art 10.8)
Sector:
Business services
Auxiliary services to maritime, internal waterways, rail and air transport
Sub-Sector:
Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof
Industry Classification:
CPC 86764, CPC 86769, part of CPC 8868
Type of Reservation:
Market access
Description:
Investment
In Lithuania, maintenance and repair services of rail transport equipment are subject to a state monopoly.
Existing Measures:
Sector:
Road transport
Sub-Sector:
Industry Classification:
CPC 7121, CPC 7122, CPC 7123
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
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 in, into, through and out of the territory of Lithuania to the contracting parties concerned, and road taxes and levies.
Existing Measures:
Reservations applicable in Malta
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
Market access
National treatment
Description:
Investment
For the purposes of the registration and licensing of a fishing vessel, the owner, captain or master of the fishing vessel shall be resident in Malta, in accordance with the terms of the provisions of the Immovable Property (Acquisition by Non-Residents) Act.
Existing Measures:
Art. 5 of Subsidiary Legislation 425.07 on Fishing Vessels Regulations
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Malta reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Malta reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Malta reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 921, CPC 922, CPC 923, CPC 924
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Malta reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.
Existing Measures:
Sector:
Health services
Sub-Sector:
Hospital services
Ambulance services
Residential health services other than hospital services
Industry Classification:
CPC 9311, CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Maltareserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.
Existing Measures:
Sector:
Health services
Sub-Sector:
Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services
Industry Classification:
CPC 9312, part of CPC 9319
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
This reservation applies to all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, In Malta, these services may only be provided by nationals of a Member State of the EU having prior authorisation, which may be subject to an economic needs test (ENT).
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Malta reserves the right to adopt or maintain any measure with regard to the supply of privately funded social services.
Existing Measures:
Sector:
Transport services
Sub-Sector:
Road transport
Industry Classification:
CPC 712
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
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).
Existing Measures:
Sector:
Transport
Sub-Sector:
Water transport
Supporting services for water transport
Industry Classification:
CPC 7213, CPC 7214, part of 742, CPC 745, part of CPC 749
Type of Reservation:
Market access
Obligations
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
Exclusive rights exist for the maritime link to mainland Europe through Italy with Malta.
Existing Measures:
Reservations applicable in the Netherlands
Sector:
Business services
Sub-Sector:
Supply services of office support personnel
Industry Classification:
CPC 87203
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
The Netherlands reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.
Existing Measures:
Reservations applicable in Poland
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Preferential conditions for establishment or the cross-border supply of services, which may include the elimination or amendment of certain restrictions embodied in the list of reservations applicable in Poland, may be extended through commerce and navigation treaties.
Existing Measures:
Sector:
Fishing
Aquaculture
Services incidental to fishing
Sub-Sector:
Industry Classification:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Poland reserves the right to adopt or maintain any measure which accords differential treatment to services and service suppliers of a country pursuant to existing or future bilateral agreements relating to fishing in the geographical area of fisheries falling within the jurisdiction of the countries involved, in accordance with international conservation practices and policies or agreements on fisheries, particularly in the Baltic Sea basin.
Existing Measures:
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Poland reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Poland reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Poland reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Health services
Sub-Sector:
Ambulance services
Industry Classification:
CPC 93192
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment
Poland reserves the right to adopt or maintain any measure with respect to the supply of ambulance services.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Polandreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.
Existing Measures:
Sector:
Transport
Sub-Sector:
All passenger and freight transport services other than maritime transport
Industry Classification:
Part of CPC 711, part of CPC 712, part of CPC 722
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
In so far as Canada and its provinces and territories allow the supply of transport services into and across the territory of Canada by passenger and freight transport suppliers of Poland, Poland will allow the supply of transport services by passenger and freight transport suppliers of Canada into and across the territory of Poland under the same conditions.
Existing Measures:
Reservations applicable in Portugal
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Portugal reserves the right to waive 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 & Principe).
Existing Measures:
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC86211, CPC 86212, other than accounting services
Type of Reservation:
Market access
Description:
Cross-Border Trade in Services
Portugal reserves the right to adopt or maintain any measure with respect to the cross-border supply of auditing services.
Existing Measures:
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Portugal reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Portugal reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
The cross-border supply of security services by a foreign service supplier is not allowed
Nationality condition for specialised personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Investigation services
Industry Classification:
CPC 87301
Type of Reservation:
Market access
Description:
Investment and Cross-Border Trade in Services
In Portugal,investigation services are a monopoly reserved to the State.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Cross-Border supply of financial services
Description:
Financial Services
Air and maritime transport insurance, covering goods, aircraft, hull and liability, can be underwritten only by firms established in the EU.
Only persons or companies established in the EU may act as intermediaries for such insurance business in Portugal.
Existing Measures:
Art. 7 of Decree-Law 94-B/98 and art. 7 of Decree-Law 144/2006
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Portugalreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Sector:
Energy
Sub-Sector:
Electricity, natural gas, crude oil or petroleum products
Industry Classification:
ISIC rev 3.1 232 , ISIC rev 3.1 4010, ISIC rev 3.1 4020, CPC 7131, CPC 7422, CPC 887 (other than advisory and consulting services)
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Portugal reserves the right to adopt or maintain any measure with respect to 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.
Portugal reserves the right to adopt or maintain any measure with respect to the cross-border supply of storage and warehousing services of fuels transported through pipelines (natural gas).
The activities of electricity transmission and distribution are carried out through exclusive concessions of public service.
Concessions relating to the transmission, distribution and underground storage of natural gas and the reception, storage and regasification terminal of LNG are awarded through concession contracts, following public calls for tenders.
These concessions for electricity and gas sectors are assigned only to limited companies with their headquarters and effective management in Portugal.
Existing Measures:
Decree-Law 230/2012 and Decree-Law 231/2012, 26 October — Natural Gas
Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October — Electricity
Decree-Law 31/2006, 15 February — Crude oil/Petroleum products
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
Description:
Investment
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.
Existing Measures:
Sector:
Other services
Sub-Sector:
Funeral, cremation and undertaking services
Industry Classification:
CPC 97030
Type of Reservation:
Market access
Description:
Investment
Portugal reserves the right to adopt or maintain any measure with respect to funeral, cremation and undertaking services. The private management and operation of cemeteries is carried out under a public concession.
Existing Measures:
Decree-Law 109/2010, 14 October 2010
Law 13/2011, 29 April 2011
Reservations applicable in Romania
Sector:
Business services
Sub-Sector:
Research and development services
Industry Classification:
CPC 851, CPC 852, CPC 853
Type of Reservation:
Market access
National treatment
Description:
Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with respect to the cross-border supply of research and development services.
Existing Measures:
Governmental Ordinance no. 6 / 2011
Order of Minister of Education and Research no. 3548 / 2006
Governmental Decision no. 134 / 2011
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Romania reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 921, CPC 922, CPC 923, CPC 924
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Romaniareserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.
Existing Measures:
Reservations applicable in the Slovak Republic
Sector:
All sectors
Sub-Sector:
Acquisition of real estate
Industry Classification:
Type of Reservation:
Market access
National treatment
Description:
Investment
Foreign companies or natural persons may not acquire agricultural and forest land outside the border of the built-up area of a municipality and some other land (e.g. natural resources, lakes, rivers, public roads etc.).
Existing Measures:
Act 202/1995, the Foreign Exchange Act, art. 19
Act 229/1991 on Laws on Adjustment of ownership relations to Land
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The Slovak Republic reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
The Slovak Republic reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The Slovak Republic reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 921, CPC 922, CPC 923 other than CPC 92310, CPC 924
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
EEA residency requirement for providers of all privately funded education services other than post-secondary technical and vocational education services.
An economic needs test may apply, the number of schools being established may be limited by local authorities.
In the Slovak Republic, the majority of the members of the board of directors of an establishment providing education services must be nationals of the Slovak Republic.
Existing Measures:
Act 245/2008 on education
Act 131/2002 on Universities, arts. 2, 47, 49a
Act 596/2003 on State Administration in Education, art. 16
Sector:
Health services
Sub-Sector:
Hospital services
Ambulance services
Residential health services other than hospital services
Industry Classification:
CPC 9311, CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The Slovak Republicreserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The Slovak Republic reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Insurance and insurance-related services
Industry Classification:
Type of Reservation:
Market access
Description:
Financial Services
Foreign nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through a branch having a registered office in the Slovak Republic. The authorisation in both cases is subject to the evaluation of supervisory authority.
Existing Measures:
Act 
8/2008
 on Insurance
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Industry Classification:
Type of Reservation:
Market access
National treatment
Measures:
Act 566/2001 on Securities
Act 483/2001 on Banks
Description:
Financial Services
Investment services in the Slovak Republic can be provided by management companies which have the legal form of joint-stock company with equity capital according to the law (no branches).
Existing Measures:
Sector:
Energy
Sub-Sector:
Industry Classification:
ISIC rev 3.1 4010, ISIC rev 3.1 4020, ISIC rev 3.1 4030, CPC 7131
Type of Reservation:
National treatment
Market access
Description:
Investment and Cross-Border Trade in Services
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. 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 the EEA or a juridical person established in the EU or the EEA.
Existing Measures:
Act 51/1988 on Mining, art. 4a
Act 569/2007 on Geological Activity, art. 5
Act 251/2012 on Energy, arts. 6, 7
Act 657/2004 on Thermal Energy, art. 5
Sector:
Transportation
Fishing
Aquaculture
Sub-Sector:
Water transportation
Services incidental to fishing
Industry Classification:
CPC 722
Type of Reservation:
National treatment
Market access
Description:
Cross-border Trade in Services
In the Slovak Republic, foreign investors must have their principal office in the Slovak Republic in order to apply for a licence enabling them to provide a service.
Existing Measures:
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
Description:
Investment
For freight transportation, an economic needs test is applied. Main criteria: local demand.
Existing Measures:
Sector:
Rail transport
Sub-Sector:
Industry Classification:
CPC 7111, CPC 7112
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned.
Existing Measures:
Sector:
Road transport
Sub-Sector:
Industry Classification:
CPC 7121, CPC 7122, CPC 7123
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
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 Slovakia to the contracting parties concerned.
Existing Measures:
Reservations applicable in Slovenia
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Supply services of office support personnel
Industry Classification:
CPC 87201, CPC 87202, CPC 87203
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Slovenia reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.
Slovenia reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Slovenia reserves the right to adopt or maintain any measure with regard to the supply of security services.
Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.
Existing Measures:
Sector:
Education services
Sub-Sector:
Primary education services
Secondary education services
Higher education services
Industry Classification:
CPC 921, CPC 922, CPC 923
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Slovenia reserves the right to require establishment and to restrict the cross-border supply of privately funded primary education services.
The majority of the members of the board of directors of an establishment providing privately funded secondary or higher education services must be Slovenian nationals.
Existing Measures:
Sector:
Health services
Sub-Sector:
Ambulance services
Industry Classification:
CPC 93192
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Slovenia reserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance services.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Slovenia reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.
Existing Measures:
Reservations applicable in Spain
Sector:
Business services
Sub-Sector:
Executive search
Placement services
Industry Classification:
CPC 87201, CPC 87202
Type of Reservation:
Market access
Description:
Investment
Spain reserves the right to restrict the number of suppliers of executive search services.
Spain reserves the right to restrict the number of suppliers of placement services.
Existing Measures:
Sector:
Business services
Sub-Sector:
Security services
Industry Classification:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Type of Reservation:
Market access
National treatment
Description:
Investment and Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.
Access through Sociedades Anonimas, Sociedades de Responsabilidad Limitada, Sociedades Anonimas Laborales and Sociedades Cooperativas only.
Nationality condition for specialised personnel.
Existing Measures:
Sector:
Financial services
Sub-Sector:
Insurance
Type of Reservation:
Market access
National treatment
Cross-Border supply of financial services
Description:
Financial Services
Residence is required, or alternatively to have two years of experience, for the actuarial profession.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Spain reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
Sector:
Transport
Sub-Sector:
Road transport: passenger transportation, freight transportation, international truck transport services
Industry Classification:
CPC 712
Type of Reservation:
Market access
Description:
Investment
For passenger transportation, an economic needs test applies to services provided under CPC 7122. Main criteria: local demand.
An economic needs test applies for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.
Existing Measures:
Sector:
Road transport (freight)
Sub-Sector:
Industry Classification:
CPC 7123
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Authorisation for the establishment of a commercial presence in Spain may be refused to service suppliers, whose country of origin does not accord effective market access to service suppliers of Spain.
Existing Measures:
Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres
Reservations applicable in Sweden
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National treatment
Senior management and boards of directors
Description:
Investment
Sweden reserves the right to adopt or maintain discriminatory requirements for founders, senior management and boards of directors when new forms of legal association are incorporated into Swedish law.
Existing Measures:
Sector:
All sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
Most-favoured-nation treatment
Description:
Investment and Cross-Border Trade in Services
Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as:
(a)
financial support to research and development (R&D) projects (the Nordic Industrial Fund);
(b)
funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
(c)
financial assistance to companies
 (
5
)
 utilizing environmental technology (the Nordic Environment Finance Corporation).
This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Art. 8.15.5(a) and (b), and Art. 9.2.2(f) and (g) respectively.
Existing Measures:
Sector:
Mining and quarrying, manufacturing of electricity, gas and water supply
Sub-Sector:
Nuclear based electricity generation
Processing of nuclear fuel
Industry Classification:
ISIC rev 3.1 1200, ISIC rev 3.1 2330, part of ISIC rev 3.1 4010
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
Sweden reserves the right to adopt or maintain any measure with respect to the processing of nuclear fuel and nuclear-based electricity generation.
Existing Measures:
The Swedish Environmental Code (1998:808)
Law on Nuclear Technology Activities (1984:3)
Sector:
Distribution services
Sub-Sector:
Retail sales of pharmaceutical, medical and orthopaedic goods and other services supplied by pharmacists
Industry Classification:
CPC 63211
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
The Swedish monopoly on retail sales of pharmaceuticals was abandoned on 1 July 2009. Given that the opening of the market is recent and involves new modes of services delivery, Sweden reserves the right to adopt or maintain any measure with respect to retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public.
Existing Measures:
Law on trade with pharmaceuticals (2009:336)
Regulation on trade with pharmaceuticals (2009:659)
The Swedish Medical Products Agency has adopted further regulations, the details can be found at (LVFS 2009:9)
http://www.lakemedelsverket.se/upload/lvfs/LVFS_2009-9.pdf
Sector:
Education services
Sub-Sector:
Industry Classification:
CPC 92
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Investment and Cross-Border Trade in Services
Sweden reserves the right to adopt or maintain any measure with respect to educational services suppliers that are approved by public authorities to provide education.
This reservation applies to privately funded educational services suppliers with some form of State support, inter alia educational service suppliers recognised by the State, educational services suppliers under State supervision or education which entitles to study support.
Existing Measures:
Sector:
Recycling
Sub-Sector:
Industry Classification:
ISIC rev 3.1 37
Type of Reservation:
Market access
Description:
Investment
Sweden reserves the right to limit the number of suppliers of privately funded recycling services at the level of local government, by establishing or maintaining monopolies, or granting a concession or exclusive rights on a non-discriminatory basis to a service provider or service providers. The limitation on market access reflects the application of the EU reservation relating to public utilities.
Existing Measures:
The Environmental Code (1998:808)
SFS 1994:1205 Förordning (1994:1205) om producentansvar för returpapper
SFS 2000:208 Förordning (2000:208) om producentansvar för glödlampor och vissa belysningsarmaturer
SFS 2005:209 Förordning (2005:209) om producentansvar för elektriska och elektroniska produkter
SFS 1997:185 Förordning (1997:185) om producentansvar för förpackningar
SFS 1994:1236 Förordning (1994:1236) om producentansvar för däck
SFS 1993:1154 Förordning (1993:1154) om producentansvar för glasförpackningar och förpackningar av wellpapp
SFS 2007:185 Förordning (2007:185) om producentansvar för bilar
SFS 2007:193 Förordning (2007:193) om producentansvar för vissa radioaktiva produkter och herrelösa strålkällor
SFS 2006:1273 Förordning (2006:1273) om producentansvar för förpackningar
SFS 2009:1031 Förordning (2009:1031) om producentansvar för läkemedel
Sector:
Waste management
Sub-Sector:
Management of waste from households and waste related to producer responsibilities
Industry Classification:
CPC 9402
Type of Reservation:
Market access
Description:
Investment
Sweden reserves the right to limit the number of suppliers of privately funded waste management services at the level of local government, by establishing or maintaining monopolies, or granting a concession or exclusive rights on a non-discriminatory basis to a service provider or service providers. The limitation on market access reflects the application of the EU reservation relating to public utilities.
Existing Measures:
The Environmental Code (1998:808)
SFS 1994:1205 Förordning (1994:1205) om producentansvar för returpapper
SFS 2000:208 Förordning (2000:208) om producentansvar för glödlampor och vissa belysningsarmaturer
SFS 2005:209 Förordning (2005:209) om producentansvar för elektriska och elektroniska produkter
SFS 1997:185 Förordning (1997:185) om producentansvar för förpackningar
SFS 1994:1236 Förordning (1994:1236) om producentansvar för däck
SFS 1993:1154 Förordning (1993:1154) om producentansvar för glasförpackningar och förpackningar av wellpapp
SFS 2007:185 Förordning (2007:185) om producentansvar för bilar
SFS 2007:193 Förordning (2007:193) om producentansvar för vissa radioaktiva produkter och herrelösa strålkällor
SFS 2006:1273 Förordning (2006:1273) om producentansvar för förpackningar
SFS 2009:1031 Förordning (2009:1031) om producentansvar för läkemedel
Sector:
Maritime transport
Sub-Sector:
Cabotage
Industry Classification:
CPC 7211, CPC 7212
Type of Reservation:
Most-favoured-nation treatment
Obligations
Description:
Investment, Cross-Border Trade in Services and International Maritime Transport Services
Measures may be taken on a reciprocal basis allowing vessels from Canada under the flag of Canada to operate cabotage traffic in Sweden in so far as Canada and its provinces and territories allow vessels registered under the flag of Sweden to operate cabotage traffic in Canada. The specific aim of this reservation depends on the content of a possible mutually agreed future agreement between Canada and Sweden.
Existing Measures:
Sector:
Business services
Auxiliary services to rail and land transport
Sub-Sector:
Maintenance and repair of rail and road transport equipment and parts thereof
Industry Classification:
CPC 6112, CPC 6122, part of CPC 8867, part of CPC 8868
Type of Reservation:
Market access
Description:
Investment
In Sweden, maintenance and repair services of rail and 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.
Existing Measures:
Planning and Building Act (2010:900)
Sector:
Other services not included elsewhere
Sub-Sector:
Funeral, cremation and undertaking services
Industry Classification:
CPC 9703
Type of Reservation:
Market access
National treatment
Senior management and boards of directors
Description:
Cross-Border Trade in Services
Sweden reserves the right to adopt or maintain any measure with respect to funeral, cremation and undertaking services
Existing Measures:
Reservations applicable in the United Kingdom
Sector:
Business services
Sub-Sector:
Auditing services
Industry Classification:
CPC 86211, CPC 86212 other than accounting services
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Cross-Border Trade in Services
The United Kingdom reserves the right to adopt or maintain any measure with respect to the cross-border supply of auditing services.
Existing Measures:
Companies Act 2006
Sector:
Health services
Sub-Sector:
Medical services
Industry Classification:
CPC 93121, CPC 93122
Type of Reservation:
Market access
Description:
Investment
Establishment for doctors under the National Health Service is subject to medical manpower planning.
Existing Measures:
Sector:
Health services
Sub-Sector:
Ambulance services
Residential health facilities services other than hospital services
Industry Classification:
CPC 93192, CPC 93193
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The United Kingdom reserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance services and residential health facilities services other than hospital services.
Existing Measures:
Sector:
Health services
Sub-Sector:
Health-related professional services, including medical and dental services as well as services by psychologists; midwives services
Services by nurses, physiotherapists and paramedical personnel
Retail sales of pharmaceutical, medical and orthopaedic goods, and other services supplied by pharmacists
Industry Classification:
CPC 63211, part of CPC 85201, CPC 9312, part of CPC 93191
Type of Reservation:
National treatment
Market access
Description:
Cross-Border Trade in Services
The United Kingdom reserves the right to adopt or maintain any measure requiring the establishment of suppliers and restricting the cross-border supply of health-related professional services by service suppliers not physically present in the territory of the UK, including medical and dental services as well as services by psychologists; midwives services; services by nurses, physiotherapists and paramedical personnel; the retail sales of pharmaceuticals and of medical and orthopaedic goods, and other services supplied by pharmacists.
Existing Measures:
Sector:
Social services
Sub-Sector:
Industry Classification:
CPC 933
Type of Reservation:
Market access
National treatment
Performance requirements
Senior management and boards of directors
Description:
Investment
The United Kingdom reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Existing Measures:
(
1
)
  Canada reserves the right to not extend these benefits to enterprises of the United States of America.
(
2
)
  With regard to Austria the part of the most-favoured-nation treatment exemption regarding traffic rights covers all countries with whom bilateral agreements on road transport or other arrangements relating to road transport exist or may be considered in future.
(
3
)
  Applies to East European companies, which are cooperating with one or more Nordic companies.
(
4
)
  Applies to East European companies, which are cooperating with one or more Nordic companies.
(
5
)
  Applies to East European companies, which are cooperating with one or more Nordic companies.
ANNEX III
Schedule of Canada
Explanatory notes
1.
The Schedule of Canada to this Annex sets out:
(a)
headnotes that limit or clarify the commitments of Canada with respect to the obligations described in subparagraphs (b) and (c);
(b)
in Section A, the reservations taken by Canada, pursuant to Articles 13.10.1 and 13.10.2 (Reservations and exceptions), with respect to an existing measure that does not conform with obligations imposed by:
(i)
Article 13.3 (National treatment);
(ii)
Article 13.4 (Most-favoured-nation treatment);
(iii)
Article 13.6 (Market access);
(iv)
Article 13.7 (Cross-border supply of financial services); or
(v)
Article 13.8 (Senior management and boards of directors);
(c)
in Section B, the reservations taken by Canada, pursuant to Article 13.10.3 (Reservations and exceptions), for measures Canada may adopt or maintain that do not conform with obligations imposed by Articles 13.3 (National treatment), 13.4 (Most-favoured-nation treatment), 13.6 (Market access), 13.7 (Cross-border supply of financial services), or 13.8 (Senior management and boards of directors).
2.
Each reservation in Section A sets out the following elements:
(a)
Sector
 refers to the general sector in which the reservation is taken;
(b)
Sub-Sector
 refers to the specific sector in which the reservation is taken;
(c)
Type of Reservation
 specifies the obligation referred to in subparagraph 1(b) for which the reservation is taken;
(d)
Level of Government
 indicates the level of government maintaining the measure for which the reservation is taken;
(e)
Measures
 identifies the laws, regulations or other measures, as qualified, where indicated, by the 
Description
 element, for which the reservation is taken. A measure cited in the 
Measures
 element:
(i)
means the measure as amended, continued or renewed as of the date of entry into force of this Agreement; and
(ii)
includes a subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(f)
Description
 sets out references, if any, for liberalisation on the date of entry into force of this Agreement pursuant to other sections of Canada's Schedule to this Annex, and the remaining non-conforming aspects of the existing measures for which the reservation is taken.
3.
Each reservation in Section B sets out the following elements:
(a)
Sector
 refers to the general sector in which the reservation is taken;
(b)
Sub-Sector
 refers to the specific sector in which the reservation is taken;
(c)
Type of Reservation
 specifies the obligation referred to in subparagraph 1(c) for which the reservation is taken;
(d)
Level of Government
 indicates the level of government maintaining the measure for which the reservation is taken; and
(e)
Description
 sets out the scope of the sectors, subsectors, or activities covered by the reservation.
4.
In the interpretation of a reservation in Section A, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant provisions of the Chapter against which the reservation is taken. To the extent that:
(a)
the 
Measures
 element is qualified by a specific reference in the 
Description
 element, the 
Measures
 element as so qualified shall prevail over all other elements; and
(b)
the 
Measures
 element is not so qualified, the 
Measures
 element shall prevail over all other elements, unless any discrepancy between the 
Measures
 element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the 
Measures
 element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
5.
In the interpretation of a reservation in Section B, all elements of the reservation shall be considered. The 
Description
 element shall prevail over all other elements.
6.
Where Canada maintains a measure that requires that a service supplier be a citizen, permanent resident, or resident of its territory as a condition to the supply of a service in its territory, a reservation for that measure taken with respect to Articles 13.3 (National treatment), 13.4 (Most-favoured nation treatment), 13.6 (Market access), 13.7 (Cross-border supply of financial services), and 13.8 (Senior management and boards of directors), shall operate as a reservation with respect to Articles 8.4 (Market access), 8.5 (Performance requirements), 8.6 (National treatment), 8.7 (Most-favoured-nation treatment), and 8.8 (Senior management and boards of directors) to the extent of that measure.
7.
A reservation for a measure that requires a service supplier be a natural person, citizen, permanent resident, or resident of its territory as a condition to the supply of a financial service in its territory taken with respect to Article 13.7 (Cross-border supply of financial services) shall operate as a reservation with respect to Articles 13.3 (National treatment), 13.4 (Most-favoured-nation treatment), 13.6 (Market access), and 13.8 (Senior management and boards of directors), to the extent of that measure.
Headnotes
1.
Commitments under this Agreement, in the subsectors listed in this Schedule, are undertaken subject to the limitations and conditions set forth in these headnotes and in the Schedule below.
2.
The listing of a measure as 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 13.16 (Prudential carve out).
3.
To clarify Canada's commitment with respect to Article 13.6 (Market access), juridical persons supplying financial services and constituted under the laws of Canada are subject to non-discriminatory limitations on juridical form 
(
1
)
.
4.
Article 13.10.1(c) (Reservations and exceptions) shall not apply to non-conforming measures relating to Article 13.6.1(b) (Market access).
Schedule of Canada
SECTION A
Reservations applicable in Canada
(applicable in all Provinces and Territories)
Reservation IIIA-C-1
Sector:
Financial services
Sub-Sector:
All
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
National
Measures:
Bank Act
, S.C. 1991, c.46, ss. 159, 749
Insurance Companies Act
, S.C. 1991, c. 47, ss. 167, 796
Trust and Loan Companies Act
, S.C. 1991, c. 45, s. 163
Foreign Institutions Subject to the Canadian Residency Requirements Regulations (Insurance Companies)
, S.O.R./2003-185
Foreign Institutions Subject to the Canadian Residency Requirements Regulations (Trust and Loan Companies)
, S.O.R./2003-186
Cooperative Credit Associations Act
, S.C. 1991, c. 48, s. 169
Description:
A minimum of one half of the directors of a federally-regulated financial institution that is a subsidiary of a foreign institution, and a majority of the directors of any other federally-regulated financial institution must be Canadian citizens ordinarily resident in Canada or permanent residents ordinarily resident in Canada.
 (
2
)
Reservation IIIA-C-2
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
Market access
Level of Government:
National
Measures:
Bank Act
, S.C. 1991, c.46, s. 524
Description:
In order to establish a bank branch, a foreign bank must be a bank in the jurisdiction under whose laws it is incorporated.
Reservation IIIA-C-3
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
Market access
Level of Government:
National
Measures:
Bank Act
, S.C. 1991, c.46, s. 540
Sales or Trades (Authorized Foreign Banks) Regulations
, S.O.R./2000-52
Description:
A lending bank branch in respect of its business in Canada may only accept a deposit or otherwise borrow money by means of a financial instrument from, or guarantee a security or accept a bill of exchange issued by a person that is sold to or traded with:
(a)
a financial institution (other than a foreign bank); or
(b)
a foreign bank that:
(i)
is a bank according to the laws of the jurisdiction under whose laws it was incorporated or in any jurisdiction in which it carries on business;
(ii)
provides financial services and has a name that includes the word ‘bank’, ‘banque’, ‘banking’ or ‘bancaire’; and
(iii)
is regulated as a bank or as a deposit-taking institution according to the jurisdiction under whose laws it was incorporated or in any jurisdiction in which it carries on business,
if the financial instrument, security or bill of exchange cannot be subsequently sold or traded.
Reservation IIIA-C-4
Sector:
Financial services
Sub-Sector:
All
Type of Reservation:
Market access
Level of Government:
National
Measures:
Trust and Loan Companies Act,
 S.C. 1991, c.45
Bank Act
, S.C. 1991, c.46
Cooperative Credit Associations Act,
 S.C. 1991, c.48
Insurance Companies Act,
 S.C. 1991, c. 47
Description:
Federal laws do not permit a trust and loan company, credit union, or fraternal benefit society in Canada to be established through branches of corporations organised under a foreign country's law.
Reservation IIIA-C-5
Sector:
Financial services
Sub-Sector:
All
Type of Reservation:
Market access
Level of Government:
National
Measures:
Bank Act
, S.C. 1991, c. 45, ss. 510, 522.16, 524
Insurance Companies Act
, S.C. 1991, c. 47, ss. 574, 581
Description:
1.
A bank branch must be established directly under the authorised foreign bank incorporated in the jurisdiction where the authorised foreign bank principally carries on business.
2.
A foreign entity authorised to insure, in Canada, risks must be established directly under the foreign insurance company incorporated in the jurisdiction where the foreign insurance company, directly or through a subsidiary, principally carries on business.
Reservations applicable in Alberta
Reservation IIIA-PT-1
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Alberta
Measures:
Insurance Act
, R.S.A. 2000, c. I-13
Description:
Insurance services in Alberta can be provided only through:
(a)
a corporation incorporated under Alberta laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges;
(f)
fraternal societies; or
(g)
special brokers.
Reservation IIIA-PT-2
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
National Treatment
Market access
Level of Government:
Provincial — Alberta
Measures:
Insurance Act
, R.S.A. 2000, c. I-13
Description:
Subsidiaries of foreign insurance corporations must be federally-authorised.
Reservation IIIA-PT-3
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance
Intermediation of insurance contracts related to maritime transport and commercial aviation and space launching and freight (including satellites), and to reinsurance and retrocession
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Alberta
Measures:
Insurance Act
, R.S.A. 2000, c. I-3
Description:
1.
A fee payable to the province of 50 per cent of the premium paid, and regulatory notification, are required on insurance of risks in the province by an unlicensed insurer, unless such insurance is placed by a special broker licensed in Alberta.
2.
For greater certainty, a special broker licensed in Alberta is not required to be resident in Alberta and a licensed insurer is not required to have a commercial presence in Alberta.
Reservation IIIA-PT-4
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Alberta
Measures:
Loan and Trust Corporations Act
, R.S.A. 2000, c. L-20
Loan and Trust Corporations Regulation
, Alta. Reg. 171/1992
Description:
To operate as a trust and loan company under the Alberta regime an entity must be a body corporate to which the 
Loan and Trust Corporations Act
 applies.
Reservation IIIA-PT-5
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National Treatment
Level of Government:
Provincial — Alberta
Measures:
Loan and Trust Corporations Act
, R.S.A. 2000, c. L-20
Loan and Trust Corporations Regulation
, Alta. Reg. 171/1992
Description:
At least three quarters of the directors of a trust and loan company in Alberta must be ordinarily resident in Canada.
Reservation IIIA-PT-6
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market Access
Level of Government:
Provincial — Alberta
Measures:
Credit Union Act
, R.S.A. 2000, c. C-32
Credit Union Regulation,
 Alta. Reg. 249/1989
Description:
A credit union must be incorporated in Alberta.
Reservation IIIA-PT-7
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Alberta
Measures:
Credit Union Act
, R.S.A. 2000, c. C-32
Credit Union Regulation,
 Alta. Reg. 249/1989
Description:
Directors of credit unions in Alberta must be Canadian citizens or permanent residents of Canada and three-quarters must at all times be ordinarily resident in Alberta.
Reservation IIIA-PT-8
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Advisory and auxiliary financial services
Type of Reservation:
Market access
Cross-border supply of financial services
Level of Government:
Provincial — Alberta
Measures:
Securities Act
, R.S.A. 2000, c. S-4
Description:
Where an advisor provides advice in Alberta such services must be supplied through a commercial presence in Alberta.
Reservation IIIA-PT-9
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Alberta
Measures:
Securities Act
, R.S.A. 2000, c. S-4, s.75
Description:
An individual or firm must register in order to trade through dealers that are not resident or registered in Alberta.
Reservation IIIA-PT-10
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Alberta
Measures:
Securities Act
, R.S.A. 2000, c. S-4
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in British Columbia
Reservation IIIA-PT-11
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Credit unions, caisses populaires and associations or groups thereof
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
National treatment
Level of Government:
Provincial — British Columbia
Measures:
Financial Institutions Act
, R.S.B.C. 1996, c. 141
Description:
For provincially-incorporated trust companies, insurance companies and credit unions, the majority of directors must be ordinarily resident in Canada and at least one director must be ordinarily resident in British Columbia.
Reservation IIIA-PT-12
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
Financial Institutions Act
, R.S.B.C. 1996, c. 141, ss.75-76
Description:
Insurance services in British Columbia can be provided only through:
(a)
a corporation incorporated under British Columbia laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds; or
(e)
reciprocal insurance exchanges.
Reservation IIIA-PT-13
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance, reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
Financial Institutions Act
, R.S.B.C. 1996, c. 141, ss. 48 through 51 with respect to trust, insurance, and holding companies
Description:
Where any person controls or will control 10 per cent or more of the votes of a company, incorporation, share acquisition or application for business authorisation is subject to approval by the financial institutions commission.
Reservation IIIA-PT-14
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Reinsurance and retrocession
Type of Reservation:
Market access
Cross-border supply of financial services
Level of Government:
Provincial — British Columbia
Measures:
Financial Services Act,
 R.S.B.C. 1996, c. 141
Description:
Services must be supplied through a commercial presence in British Columbia.
Reservation IIIA-PT-15
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
All payment and money transmission services — trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
Financial Institutions Act
, R.S.B.C. 1996, c. 141, ss. 48 through 51
Description:
Where any person controls or will control 10 per cent or more of the votes of a company, incorporation, share acquisition or application for business authorisation is subject to approval by the financial institutions commission.
Reservation IIIA-PT-16
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — British Columbia
Measures:
Securities Act
, R.S.B.C. 1996, c. 418
Description:
An individual or firm must register in order to trade through dealers and brokers that are neither resident nor registered in British Columbia.
Reservation IIIA-PT-17
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — British Columbia
Measures:
Securities Act
, R.S.B.C. 1996, c. 418
National Instrument 81-102 Investment Funds,
 B.C. Reg. 20/2000, Part 6
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if the sub-custodian has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Manitoba
Reservation IIIA-PT-18
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Manitoba
Measures:
The Insurance Act
, C.C.S.M. c. 140
Description:
Insurance services in Manitoba can be provided only through:
(a)
a corporation incorporated under Manitoba laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges;
(f)
fraternal societies; or
(g)
special brokers.
Reservation IIIA-PT-19
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Manitoba
Measures:
The Corporations Act,
 C.C.S.M. c. C225
Description:
To operate as a trust and loan company under the Manitoba regime an entity must be a body corporate to which PART XXIV of 
The Corporations Act
 applies.
Reservation IIIA-PT-20
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Manitoba
Measures:
The Corporations Act,
 C.C.S.M. c. C225
Description:
The direct or indirect acquisition of Canadian-controlled companies by non-residents is restricted to 10 per cent individually and 25 per cent collectively.
Reservation IIIA-PT-21
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Corporations Act
, C.C.S.M. c. C225, s. 346(1) and (2)
Description:
A non-resident shareholder may not vote, or cause to be voted, his or her or its shares, unless the non-resident is the registered shareholder of the shares.
Reservation IIIA-PT-22
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Corporations Act
, C.C.S.M. c. C225, s. 321(6)
Description:
A majority of directors of provincially incorporated trust and loan companies must be residents of Canada.
Reservation IIIA-PT-23
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — Manitoba
Measures:
The Credit Unions and Caisses Populaires Act
, C.C.S.M. c. C301
Description:
1.
A credit union or caisse populaire must be incorporated in Manitoba.
2.
The purpose of a credit union is to provide financial services on a cooperative basis to its members, and for such services to be directed or controlled primarily by residents of Manitoba. The purpose of a caisse populaire is to provide financial services in the French language on a cooperative basis to its members, and for such services to be directed or controlled by French-speaking individuals who are resident in Manitoba.
3.
‘Resident in Manitoba’ is defined as an individual legally entitled to be in Canada, has made his or her home in Manitoba, and is physically present in Manitoba for at least six months in a year. A reference in the English version of the 
The Credit Unions and Caisses Populaires Act
 to a credit union includes a caisse populaire, and a reference in the French version of the Act to a caisse populaire includes a credit union.
Reservation IIIA-PT-24
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Credit Unions and Caisses Populaires Act,
 C.C.S.M. c. C301
Description:
A director of a credit union or caisse populaire must be a resident of Canada.
Reservation IIIA-PT-25
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Community bonds corporations
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Agricultural Societies Act
, C.C.S.M. c. A30
Description:
A director of a community bonds corporation must be a resident of Manitoba.
Reservation IIIA-PT-26
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Manitoba
Measures:
The Securities Act,
 C.C.S.M. c. S50
Description:
An individual or firm must register in order to trade through dealers and brokers that are not resident or registered in Manitoba.
Reservation IIIA-PT-27
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures and advisory and auxiliary financial services — dealers, brokers, advisers
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Securities Act,
 C.C.S.M. c. S50
Description:
1.
Where the applicant is a corporation, at least one officer or director must meet the ‘usual residence qualification’, and where the applicant is a partnership, at least one partner or member who is an individual must meet the ‘usual residence qualification’.
2.
The ‘usual residence qualification’ requires the applicant to be resident in Manitoba at the date of the application and to have been resident in Canada for at least one year immediately before the date of the application, or to have been registered under the securities laws of another Canadian jurisdiction in which the applicant last resided and to have been so registered for at least one year immediately before the date of the application.
Reservation IIIA-PT-28
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance) Trading for own account and for account of customers: custodial services; trading in securities and commodity futures — persons; securities dealers and brokers; trading in securities and commodity futures; advisory and auxiliary financial services; dealers, brokers, advisors
Type of Reservation:
National treatment
Level of Government:
Provincial — Manitoba
Measures:
The Securities Act,
 C.C.S.M. c. S50
Description:
An individual applicant for registration must be a resident of Canada for a period of at least one year prior to the application and a resident of the province in which he or she wishes to operate at the date of application.
Reservation IIIA-PT-29
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Manitoba
Measures:
The Securities Act,
 C.C.S.M. c. S50
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in New Brunswick
Reservation IIIA-PT-30
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — New Brunswick
Measures:
Insurance Act
, R.S.N.B. 1973, c. I-12
Description:
Insurance services in New Brunswick can be provided only through:
(a)
a corporation incorporated under New Brunswick laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds; or
(e)
reciprocal insurance exchanges.
Reservation IIIA-PT-31
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — New Brunswick
Measures:
Loan and Trust Companies Act
, S.N.B. 1987, c. L-11.2
Description:
To operate as a trust and loan company under the New Brunswick regime an entity must be a body corporate to which the 
Loan and Trust Companies Act
 applies.
Reservation IIIA-PT-32
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Level of Government:
Provincial — New Brunswick
Measures:
Loan and Trust Companies Act
, S.N.B. 1987, c. L-11.2
Description:
At least two of the directors of a trust and loan company must be resident in New Brunswick.
Reservation IIIA-PT-33
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — New Brunswick
Measures:
Loan and Trust Companies Act
, S.N.B. 1987, c. L-11.2
Description:
Incorporation or registration of a trust and loan company in New Brunswick will be refused unless authorities are satisfied that there exists a public benefit and advantage for an additional corporation.
Reservation IIIA-PT-34
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — New Brunswick
Measures:
Securities Act
, S.N.B. 2004, c. S-5.5
Description:
There is a requirement for an individual or firm to register in order to trade through dealers and brokers that are not resident or registered in New Brunswick.
Reservation IIIA-PT-35
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — New Brunswick
Measures:
Credit Unions Act
, S.N.B.1994, c. C-32.
Description:
A credit union must incorporate in New Brunswick.
Reservation IIIA-PT-36
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Community bonds corporations
Type of Reservation:
National treatment
Level of Government:
Provincial — New Brunswick
Measures:
Securities Act,
 S.N.B. 2004, c. S-5.5
Description:
A director of a Community Bonds corporation must be a resident of New Brunswick.
Reservation IIIA-PT-37
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — New Brunswick
Measures:
Securities Act
, S.N.B. 2004, c. S-5.5
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Newfoundland and Labrador
Reservation IIIA-PT-38
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Insurance Adjusters, Agents and Brokers Act
, R.S.N.L. 1990, c. I-9
Description:
Insurance services in Newfoundland and Labrador can be provided only through:
(a)
a corporation incorporated under Newfoundland and Labrador laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges;
(f)
fraternal societies;
(g)
special brokers;
(h)
sororal societies; or
(i)
mutual benefits societies.
Reservation IIIA-PT-39
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Reinsurance and retrocession
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Insurance Companies Act
, R.S.N.L. 1990, c. I-10
Description:
The purchase of reinsurance services by an insurer, other than a life insurer or a reinsurer, from a non-resident reinsurer, is limited to no more than 25 per cent of the risks undertaken by the insurer purchasing the reinsurance.
Reservation IIIA-PT-40
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Corporations Act
, R.S.N.L. 1990, C-36
Trust and Loan Corporations Act
, S.N.L. 2007, c. T-9.1
Description:
To operate as a trust and loan company under the Newfoundland and Labrador regime an entity must be a body corporate to which the 
Trust and Loan Corporations Act
 applies.
Reservation IIIA-PT-41
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Credit Union Act 2009
, S.N.L. 2009, c. C-37.2
Description:
A credit union must incorporate in Newfoundland and Labrador.
Reservation IIIA-PT-42
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities
Type of Reservation:
National treatment
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Securities Act
, R.S.N.L. 1990, c. S-13
Description:
In certain restricted circumstances, the Superintendent of Securities may refuse registration:
(a)
to an individual, or
(b)
to a person or company,
if the individual, or any director or officer of the person or company, has not been a resident of Canada for at least one year immediately prior to the date of application for registration.
Reservation IIIA-PT-43
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Securities Act
, R.S.N.L. 1990, c. S-13
Description:
An individual or firm must register in order to trade through dealers and brokers that are not resident or registered in Newfoundland and Labrador.
Reservation IIIA-PT-44
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Securities Act
, R.S.N.L. 1990, c. S-13
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$100 million.
Reservations applicable in the Northwest Territories
Reservation IIIA-PT-45
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Territorial — Northwest Territories
Measures:
Insurance Act
, R.S.N.W.T. 1988, c. I-4
Description:
Insurance services can be provided in the Northwest Territories only through:
(a)
a corporation incorporated under Northwest Territory laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges; or
(f)
fraternal societies.
Reservation IIIA-PT-46
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Territorial — Northwest Territories
Measures:
Business Corporations Act
, S.N.W.T. (Nu) 1996, c. 19
Description:
Federal or provincial incorporation of a trust and loan company is required in the Northwest Territories.
Reservation IIIA-PT-47
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Territorial — Northwest Territories
Measures:
Credit Union Act
, R.S.N.W.T. (Nu) 1988, c. C-23
Description:
A credit union must incorporate in the Northwest Territories.
Reservation IIIA-PT-48
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Territorial — Northwest Territories
Measures:
Securities Act
, R.S.N.W.T. (Nu) 1988, c. S-5
Description:
An individual or firm must register in order to trade through dealers and brokers that are not resident or registered in the Northwest Territories.
Reservation IIIA-PT-49
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Territorial — Northwest Territories
Measures:
Securities Act
, S.N.W.T. 2008, c. 10
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Nova Scotia
Reservation IIIA-PT-50
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Nova Scotia
Measures:
Insurance Act
, R.S.N.S. 1989, c. 231
Licensing of Insurers Regulations
, N.S. Reg. 142/90 or any other subsidiary measures made thereto
Description:
Insurance services in Nova Scotia can be provided only through:
(a)
a corporation incorporated under Nova Scotia laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges;
(f)
fraternal societies;
(g)
special brokers;
(h)
sororal societies; or
(i)
mutual benefits societies.
Reservation IIIA-PT-51
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Intermediation of insurance contracts related to maritime transport and commercial aviation and space launching and freight (including satellites), and to reinsurance and retrocession
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Nova Scotia
Measures:
Insurance Act
, R.S.N.S. 1989, c. 231
Description:
Services must be supplied through a commercial presence in Nova Scotia.
Reservation IIIA-PT-52
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Nova Scotia
Measures:
Trust and Loan Companies Act
, S.N.S. 1991, c. 7 and any subsidiary measures made thereto
Description:
Incorporation or registration of a trust and loan company in Nova Scotia will be refused unless authorities are satisfied that there exists a public benefit and advantage for an additional corporation.
Reservation IIIA-PT-53
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Trust and Loan Companies Act
, S.N.S. 1991, c. 7 and any subsidiary measures made thereto
Description:
At least two of the directors of a provincial company must be ordinarily resident in Nova Scotia and a majority of the directors must be ordinarily resident in Canada.
Reservation IIIA-PT-54
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Nova Scotia
Measures:
Trust and Loan Companies Act
, S.N.S. 1991, c. 7
Description:
To operate as a trust and loan company under the Nova Scotia regime an entity must be a body corporate to which the 
Trust and Loan Companies Act
 applies.
Reservation IIIA-PT-55
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Nova Scotia
Measures:
Credit Union Act
, R.S.N.S. 1994, c. 4
Description:
A director of a credit union in Nova Scotia must be a Canadian citizen.
Reservation IIIA-PT-56
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — Nova Scotia
Measures:
Credit Union Act
, R.S.N.S. 1994, c. 4
Description:
A credit union must incorporate in Nova Scotia.
Reservation IIIA-PT-57
Sector:
Financial services
Sub-Sector:
Residential mortgages services
Type of Reservation:
Market access
Level of Government:
Provincial — Nova Scotia
Measures:
Mortgage Brokers and Lenders Registration Act
, R.S.N.S. 1989, c. 291 and any subsidiary measure made thereto
Description:
A mortgage broker must incorporate under the laws of Canada or Nova Scotia.
Reservation IIIA-PT-58
Sector:
Financial services
Sub-Sector:
Residential mortgages services
Type of Reservation:
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Mortgage Brokers and Lenders Registration Act
, R.S.N.S. 1989, c. 291 and any subsidiary measure made thereto
Description:
A mortgage broker must be a resident of Nova Scotia.
Reservation IIIA-PT-59
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities
Type of Reservation:
National treatment
Level of Government:
Provincial — Nova Scotia
Measures:
Securities Act
, R.S.N.S. 1989, c. 418
Description:
In certain restricted circumstances, the Superintendent of Securities may refuse registration in Nova Scotia:
(a)
to an individual, or
(b)
to a person or company,
if the individual, or any director or officer of the person or company, has not been a resident of Canada for at least one year immediately prior to the date of application for registration.
Reservation IIIA-PT-60
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Advisory and auxiliary financial services and asset management
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Nova Scotia
Measures:
Securities Act
, R.S.N.S. 1989, c. 418
Description:
The establishment must be managed by a resident of Nova Scotia.
Reservation IIIA-PT-61
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Advisory and auxiliary financial services
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Nova Scotia
Measures:
Securities Act
, R.S.N.S. 1989, c. 418
Description:
Where an advisor provides advice in Nova Scotia such services must be supplied through a commercial presence in Nova Scotia.
Reservation IIIA-PT-62
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Nova Scotia
Measures:
Securities Act
, R.S.N.S. 1989, c. 418
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Nunavut
Reservation IIIA-PT-63
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Territorial — Nunavut
Measures:
Insurance Act
, R.S.A. 2000, c. I-3
Description:
Insurance services in Nunavut can be provided only through:
(a)
a corporation incorporated under Nunavut laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges; or
(f)
fraternal societies.
Reservation IIIA-PT-64
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Territorial — Nunavut
Measures:
Business Corporations Act
, S.N.W.T. 1996, c. 19
Description:
To operate as a trust and loan company under the Nunavut regime, an entity must be a corporation to which the 
Business Corporations Act
 applies.
Reservation IIIA-PT-65
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Territorial — Nunavut
Measures:
Credit Union Act
, R.S.N.W.T. (Nu) 1988, c. C-23
Description:
A credit union must incorporate in Nunavut.
Reservation IIIA-PT-66
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Territorial — Nunavut
Measures:
Securities Act
, R.S.N.W.T. (Nu) 1998, c.10
Description:
An individual or firm must register in order to trade through dealers and brokers that are not resident or registered in Nunavut.
Reservation IIIA-PT-67
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Territorial — Nunavut
Measures:
Securities Act
, R.S.N.W.T. (Nu.) 1988, c. S-5
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Ontario
Reservation IIIA-PT-68
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Ontario
Measures:
Insurance Act
, R.S.O. 1990, c. I.8, s. 42
Description:
Insurance services in Ontario can be provided only through:
(a)
a corporation incorporated under Ontario laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction; or
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges; or
(f)
fraternal societies.
Reservation IIIA-PT-69
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services — services auxiliary to insurance and pension funding
Type of Reservation:
National treatment
Most-favoured-nation treatment
Market access
Level of Government:
Provincial — Ontario
Measures:
Insurance Act
, R.S.O. 1990, c. I.8, ss. 48 (3), 48 (7), 169(2)
Description:
Mutual insurance companies are subject to less onerous capital requirements if they are a member of the Fire Mutuals Guarantee Fund. Any mutual insurance company can be a member of the Fire Mutuals Guarantee Fund but membership is subject to the approval of the Superintendent of Financial Services.
Reservation IIIA-PT-70
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Reinsurance and retrocession
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Ontario
Measures:
Insurance Act
, R.S.O. 1990, c. I.8, s. 54
Description:
Services must be supplied through a commercial presence in Ontario.
Reservation IIIA-PT-71
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Ontario
Measures:
Loan and Trust Corporations Act
, R.S.O. 1990, c. L.25, s. 31
Description:
Only a corporation incorporated under the federal 
Trust and Loan Companies Act
, S.C. 1991, c. 45 may apply for initial registration to carry on business as a loan corporation or as a trust corporation in Ontario.
Reservation IIIA-PT-72
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — Ontario
Measures:
Credit Unions and Caisses Populaires Act, 1994
, S.O. 1994, c. 11, s. 332
Description:
A credit union must incorporate in Ontario.
Reservation IIIA-PT-73
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Financial intermediation services, other than insurance and pension fund services
Credit unions and caisses populaires
Type of Reservation:
National treatment
Senior management and board of directors
Level of Government:
Provincial — Ontario
Measures:
Credit Unions and Caisses Populaires Act, 1994
, S.O. 1994, c. 11, ss. 23, 91, 160, 332
Description:
Only a natural person who is a member of the credit union, at least 18 years of age, and a Canadian citizen or a person admitted to Canada for permanent residency who is ordinarily resident in Canada, is eligible to be a director of a credit union.
Reservation IIIA-PT-74
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Services auxiliary to financial intermediation other than insurance and pension funding
Mortgage brokers
Type of Reservation:
National treatment
Level of Government:
Provincial — Ontario
Measures:
Mortgage Brokerages, Lenders and Administrators Act, 2006
, S.O. 2006, c. 29
Mortgage Brokers and Agents: Licensing
, O. Reg. 409/07
Description:
A mortgage broker or mortgage agent (both are occupations practised by a natural person) must be a resident of Canada.
Reservation IIIA-PT-75
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Services auxiliary to financial intermediation other than insurance and pension funding
Mortgage brokers
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Ontario
Measures:
Mortgage Brokerages, Lenders and Administrators Act, 2006
, S.O. 2006, c. 29;
Mortgage Brokerages: Licensing
, O. Reg. 408/07
Mortgage Administrators: Licensing,
 O. Reg. 411/07
Description:
A mortgage brokerage or a mortgage administrator (business entities) must be a corporation incorporated in a Canadian jurisdiction, a partnership formed under the laws of a Canadian jurisdiction, or a sole proprietor who is a resident of Canada.
Reservation IIIA-PT-76
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Ontario
Measures:
Commodity Futures Act
, R.S.O. 1990, c. C.20, ss. 22(1), 65
National Instrument 31-103 Registration, Exemptions and Ongoing Registrant
National Instrument 33-109 Registration Requirements and Related Matters
Description:
An individual or firm must register in order to trade through dealers and brokers that are not resident or registered in Ontario.
Reservation IIIA-PT-77
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Ontario
Measures:
Securities Act
, R.S.O. 1990, c. S.5, s. 143
National Instrument 31-103 Registration, Exemptions and Ongoing Registrant
National Instrument 81-102 Mutual Funds
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Prince Edward Island
Reservation IIIA-PT-78
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Prince Edward Island
Measures:
Insurance Act
, R.S.P.E.I. 1988, c. I-4, ss. 24, 26(5), 324
Description:
Insurance services in Prince Edward Island can be provided only through:
(a)
a corporation incorporated under Prince Edward Island laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges; or
(f)
fraternal societies.
Reservation IIIA-PT-79
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Prince Edward Island
Measures:
Insurance Act
, R.S.P.E.I. 1988, c. I-4
Description:
Subsidiaries of foreign insurance corporations in Prince Edward Island must be federally-authorised.
Reservation IIIA-PT-80
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Prince Edward Island
Measures:
Trust and Fiduciary Companies Act
, R.S.P.E.I. 1988, c. T-7.1, ss. 26, 27
Extra-provincial Corporations Registration Act
, R.S.P.E.I. 1988, c. E-14, s. 4
Description:
To operate as a trust and loan company under the Prince Edward Island regime an entity must be a body corporate to which the 
Trust and Fiduciary Companies Act
 applies.
Reservation IIIA-PT-81
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — Prince Edward Island
Measures:
Credit Unions Act
, R.S.P.E.I. 1988, c. C-29.1, ss. 2, 159
Description:
A credit union must incorporate in Prince Edward Island.
Reservation IIIA-PT-82
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Prince Edward Island
Measures:
Securities Act
, R.S.P.E.I. 1988, c. S-3.1
Description:
An individual or firm must register in order to trade through dealers and brokers that are not resident or registered in Prince Edward Island.
Reservation IIIA-PT-83
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Prince Edward Island
Measures:
Securities Act
, R.S.P.E.I. 1988, c. S-3.1
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Québec
Reservation IIIA-PT-84
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Banking and other financial services (excluding insurance)
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Québec
Measures:
An Act to amend the Act respecting ‘Québec Health Services’‘Les Services de Santé du Québec’ and respecting SSQ, Mutuelle de gestion and SSQ, Life Insurance Company Inc.
, S.Q. 1993, c. 107
Description:
Upon any allotment or transfer of voting shares of the capital stock insurance company ‘SSQ, Société d'assurance vie inc’ or of the holding company ‘Groupe SSQ inc’, the minister may, if the transfer confers control of the company to non-residents, ask such companies to prove that the shares were offered in priority to Québec residents and subsidiarily to other Canadian residents, but that no offer was made or was acceptable.
Reservation IIIA-PT-85
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Banking and other financial services (excluding insurance)
Type of Reservation:
National treatment
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Caisse de dépôt et placement du Québec
, C.Q.L.R., c. C-2
Description:
A minimum of three-quarters of the members of the board of directors must reside in Québec.
Reservation IIIA-PT-86
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
National treatment
Market access
Senior management and boards of directors
Level of Government:
Provincial — Québec
Measures:
An Act respecting insurance
, C.Q.L.R., c. A-32
An Act respecting trust companies and savings companies
, C.Q.L.R., c. S-29.01
Description:
1.
Three-quarters of the directors of trust companies and savings companies must be Canadian citizens.
2.
A majority of the directors of insurance companies, mutual insurance companies, saving companies and trust companies, shall reside in Québec.
3.
The direct or indirect acquisition of Canadian-controlled savings companies or trust companies by non-residents is restricted to 10 per cent individually and 25 per cent collectively.
Reservation IIIA-PT-87
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Québec
Measures:
An Act respecting insurance
, C.Q.L.R., c. A-32
Description:
1.
Every legal person not constituted under an Act of Québec which does not have its head office in Québec shall, when applying for a licence, appoint a chief representative in Québec. The representative must be a person in authority who is resident in Québec.
2.
Every legal person not constituted under an Act of Québec has, in respect of the activities it carries on in Québec, the rights and obligations of an insurance company or mutual association constituted under Acts of Québec as the case may be. It is also bound to comply with its constituting Act if it is more restrictive.
Reservation IIIA-PT-88
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Québec
Measures:
An Act respecting insurance
, C.Q.L.R., c. A-32
Description:
Insurance services in Québec can be provided only through:
(a)
a corporation incorporated under Québec statutes;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation; or
(d)
an association formed on the plan known as Lloyds.
Reservation IIIA-PT-89
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Intermediation of insurance contracts related to maritime transport and commercial aviation and space launching and freight (including satellites), and to reinsurance and retrocession
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Québec
Measures:
An Act respecting the distribution of financial products and services
, C.Q.L.R., c. D-9.2
Description:
Services must be supplied through a commercial presence in Québec.
Reservation IIIA-PT-90
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — Québec
Measures:
An Act respecting financial services cooperatives
, C.Q.L.R., c. C-67.3
Description:
Credit unions, caisses populaires and associations, or groups thereof, must incorporate in Québec.
Reservation IIIA-PT-91
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance contracts relating to maritime shipping, commercial aviation, space launching, freight (including satellites) and goods in international transit
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Québec
Measures:
An Act respecting Insurance
, C.Q.L.R., c. A-32
Description:
Services must be supplied through a commercial presence in Québec.
Reservation IIIA-PT-92
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Reinsurance and retrocession
Type of Reservation:
Market access
Cross-border supply of financial services
Level of Government:
Provincial — Québec
Measures:
An Act respecting Insurance
, C.Q.L.R., c. A-32
Description:
Services must be supplied through a commercial presence in Québec.
Reservation IIIA-PT-93
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Québec
Measures:
Regulation 31-103 respecting Registration Requirements, Exceptions and Ongoing Registrant Obligations
, C.Q.L.R., c. V-1.1, r. 10
Securities Act
, C.Q.L.R., c. V-1.1
Description:
An individual or firm must register in order to trade through dealers and brokers that are neither resident nor registered in Québec.
Reservation IIIA-PT-94
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Québec
Measures:
Securities Act
, C.Q.L.R., c. V-1.1
Regulation 31-103 respecting Registration Requirements, Exemptions and Ongoing Registrant Obligations
, C.Q.L.R., c. V-1.1, r. 10
Regulation 81-102 respecting Mutual Funds
, C.Q.L.R., c. V-1.1, r. 39
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Saskatchewan
Reservation IIIA-PT-95
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
The Saskatchewan Insurance Act
, R.S.S. 1978, c. S-26
Description:
Insurance services in Saskatchewan can be provided only through:
(a)
a corporation incorporated under Saskatchewan laws;
(b)
an extra-provincial insurance corporation, that is, an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges; or
(f)
fraternal societies.
Reservation IIIA-PT-96
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Saskatchewan
Measures:
The Saskatchewan Insurance Act
, R.S.S. 1978, c. S-26
Description:
A fee payable to the province of 10 per cent of the premium is required on insurance of risks in the province by unlicensed insurers.
Reservation IIIA-PT-97
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
Trust and Loan Corporations Act, 1997
, S.S. 1997, c. T-22.2
Description:
Federal or provincial incorporation of a trust and loan company is required in Saskatchewan.
Reservation IIIA-PT-98
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
Trust and Loan Corporations Act, 1997
, S.S. 1997, c. T-22.2
Description:
Individual and collective financial ownership of Canadian-controlled and provincially incorporated companies can be no more than 10 per cent of shares.
Reservation IIIA-PT-99
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
National treatment
Senior management and boards of directors
Level of Government:
Provincial — Saskatchewan
Measures:
The Credit Union Act, 1985
, S.S. 1984-85-86, c. C-45.1
Description:
A director of a credit union in Saskatchewan must be a Canadian citizen.
Reservation IIIA-PT-100
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
The Credit Union Act, 1985
, S.S. 1984-85-86, c. C-45.1
Description:
A credit union must incorporate in Saskatchewan.
Reservation IIIA-PT-101
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Community bonds corporations
Type of Reservation:
National treatment
Level of Government:
Provincial — Saskatchewan
Measures:
The Community Bonds Act
, S.S. 1990-91, c. C-16.1
Description:
A director of a Community Bonds corporation must be resident of Saskatchewan.
Reservation IIIA-PT-102
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Saskatchewan
Measures:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
The Securities Commission (Adoption of National Instruments) Regulations
, R.R.S. c. S-42.2 Reg. 3
Description:
There is a requirement to register in order to trade through dealers and brokers that are not resident of or registered in the province in which the trade is affected.
Reservation IIIA-PT-103
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Advisory and auxiliary financial services
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Provincial — Saskatchewan
Measures:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
Description:
Where an advisor provides advice in Saskatchewan, such services must be supplied through a commercial presence, and the advisor must be registered in Saskatchewan as an advisor.
Reservation IIIA-PT-104
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Securities dealers and brokers
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
Description:
Securities dealers and brokers must be formed or continued under federal, provincial or territorial laws.
Reservation IIIA-PT-105
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Provincial — Saskatchewan
Measures:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
The Securities Commission (Adoption of National Instruments) Regulations
, R.R.S. c. S-42.2 Reg. 3
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if the sub-custodian has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Yukon
Reservation IIIA-PT-106
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance and reinsurance and retrocession
Type of Reservation:
Market access
Level of Government:
Territorial — Yukon
Measures:
Insurance Act
, R.S.Y. 2002, c. 119
Description:
Insurance services in the Yukon can be provided only through:
(a)
a corporation incorporated under Yukon laws;
(b)
an extra-provincial insurance corporation, that is an insurer incorporated by, or under the laws of another Canadian jurisdiction;
(c)
a federally-authorised branch of a foreign corporation;
(d)
an association formed on the plan known as Lloyds;
(e)
reciprocal insurance exchanges; or
(f)
fraternal societies.
Reservation IIIA-PT-107
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Direct insurance contracts relating to maritime shipping, commercial aviation, space launching, freight (including satellites) and goods in international transit
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Territorial — Yukon
Measures:
Insurance Act,
 R.S.Y. 2002, c. 119
Description:
Services must be supplied through a commercial presence in the Yukon.
Reservation IIIA-PT-108
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Reinsurance and retrocession
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Territorial — Yukon
Measures:
Insurance Act
, R.S.Y. 2002, c. 119
Description:
Services must be supplied through a commercial presence in the Yukon.
Reservation IIIA-PT-109
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Intermediation of insurance contracts related to maritime transport and commercial aviation and space launching and freight (including satellites), and to reinsurance and retrocession
Type of Reservation:
Cross-border supply of financial services
Level of Government:
Territorial — Yukon
Measures:
Insurance Act
, R.S.Y. 2002, c. 119
Description:
Services must be supplied through a commercial presence in the Yukon.
Reservation IIIA-PT-110
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trust and loan companies
Type of Reservation:
Market access
Level of Government:
Territorial — Yukon
Measures:
Business Corporations Act
, R.S.Y. 2002, c. 20
Description:
To operate as a trust and loan company under the Yukon regime an entity must be a body corporate to which the 
Business Corporations Act
 applies.
Reservation IIIA-PT-111
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Credit unions, caisses populaires and associations or groups thereof
Type of Reservation:
Market access
Level of Government:
Territorial — Yukon
Measures:
Business Corporations Act
, R.S.Y. 2002, c. 20
Description:
A credit union must incorporate in the Yukon.
Reservation IIIA-PT-112
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading in securities and commodity futures — persons
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Territorial — Yukon
Measures:
Business Corporations Act
, R.S.Y. 2002, c. 20
Description:
An individual or firm must register in order to trade through dealers and brokers that are not resident or registered in the Yukon.
Reservation IIIA-PT-113
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Securities dealers and brokers
Type of Reservation:
Market access
Level of Government:
Territorial — Yukon
Measures:
Securities Act
, S.Y. 2007, c. 16
Business Corporations Act
, R.S.Y. 2002, c. 20
Description:
Securities dealers and brokers in the Yukon must be formed or continued under federal, provincial or territorial laws.
Reservation IIIA-PT-114
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Trading for own account and for account of customers: custodial services; trading in securities and commodity futures — persons; securities dealers and brokers; trading in securities and commodity futures; advisory and auxiliary financial services; dealers, brokers, advisors
Type of Reservation:
National treatment
Level of Government:
Territorial — Yukon
Measures:
Business Corporations Act
, R.S.Y. 2002, c. 20
Description:
An individual applicant for registration is required to have been a resident of Canada for a period of at least one year prior to the application and a resident of the province in which he or she wishes to operate at the date of application.
Reservation IIIA-PT-115
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
National treatment
Cross-border supply of financial services
Level of Government:
Territorial — Yukon
Measures:
Business Corporations Act
, R.S.Y. 2002, c. 20
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has share-holders' equity of at least CAD$ 100 million.
SECTION B
Reservations applicable in Canada
(applicable in all Provinces and Territories)
Reservation IIIB-C-1
Sector:
Financial services
Sub-Sector:
All
Type of Reservation:
Market access
Level of Government:
National
Description:
Canada reserves the right to adopt or maintain a measure stipulating that federally-regulated financial institutions having equity in excess of CAD$1 billion are required, within three years of having reached this threshold, to have 35 per cent of their voting shares widely-held and listed and posted for trading on a stock exchange in Canada.
Reservation IIIB-C-2
Sector:
Financial services
Sub-Sector:
All
Type of Reservation:
Market access
Level of Government:
National
Description:
1.
Canada reserves the right to adopt or maintain a measure requiring Ministerial approval of an acquisition by a person (Canadian or foreign) of shares of a federally-regulated financial institution constituted under the 
Bank Act
, S.C. 1991, c. 46, the 
Insurance Companies Act
, S.C. 1991, c. 47, or the 
Trust and Loan Companies Act
, S.C. 1991, c. 45, if, following the acquisition, the person would have ownership of more than 10 per cent of any class of its shares.
2.
Canada reserves the right to adopt or maintain a measure such that no person (Canadian or foreign) may own more than 20 per cent of any class of voting shares, or 30 per cent of any class of non-voting shares, of:
(a)
a bank or bank holding company with CAD$12 billion or more in equity; or
(b)
a federally-regulated financial institution constituted under the 
Bank Act
, the 
Insurance Companies Act
 or the 
Trust and Loan Companies Act
 that, at the time of entry into force of the Agreement, is widely held
 (
3
)
 because it is so required, including by reason of its designation as a domestic systemically important financial institution.
3.
Notwithstanding subparagraph 2(a), a European Union financial institution that is regulated as a bank in the European Union or any other European Union financial institution that is regulated in the European Union and is widely held, may continue to control a bank or a bank holding company if it controlled the bank or bank holding company on the day the bank's or bank holding company's equity reached the applicable threshold for the widely held requirement and it has controlled the bank since that day.
Reservation IIIB-C-3
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
National Treatment
Market access
Level of Government:
National
Description:
1.
Canada reserves the right to adopt or maintain a measure requiring that a foreign bank establish a subsidiary in order to accept or maintain retail deposits of less than CAD$ 150,000 unless the sum of all deposits that are maintained by a foreign bank and that fall below CAD$ 150,000 amount to less than one per cent of total deposits or the deposits are taken from a sophisticated investor (for example, Canadian federal or provincial governments, foreign governments, international development banks to which Canada is a member, financial institutions, certain pension and mutual funds and large businesses).
2.
Canada reserves the right to adopt or maintain a measure prohibiting full service bank branches and lending bank branches from becoming member institutions of the Canada Deposit Insurance Corporation.
Reservation IIIB-C-4
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
National Treatment
Market access
Level of Government:
National
Description:
Canada reserves the right to adopt or maintain a measure prohibiting lending branches of foreign banks from being members of the Canadian Payments Association.
Reservations applicable in Alberta
Reservation IIIB-PT-1
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Alberta
Measures:
Securities Act
, R.S.A. 2000, c. S-4
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in British Columbia
Reservation IIIB-PT-2
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
Securities Act
, R.S.B.C. 1996, c. 418
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if the sub-custodian has shareholders' equity of at least CAD$ 100 million.
Reservation IIIB-PT-3
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Type of Reservation:
Market access
Level of Government:
Provincial — British Columbia
Measures:
Insurance Corporation Act
, R.S.B.C. 1996, c. 228
Exclusion Regulation
, B.C. Reg. 153/73
Description:
Motor vehicle insurance in British Columbia is provided by public monopoly.
Reservations applicable in Manitoba
Reservation IIIB-PT-4
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Motor vehicle insurance
Type of Reservation:
Market access
Level of Government:
Provincial — Manitoba
Measures:
Manitoba Public Insurance Corporation Act
, C.C.S.M. c. P215
Description:
Motor vehicle insurance in Manitoba is provided by public monopoly.
Reservation IIIB-PT-5
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Manitoba
Measures:
The Securities Act
, C.C.S.M. c. S50
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in New Brunswick
Reservation IIIB-PT-6
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — New Brunswick
Measures:
Securities Act
, S.N.B. 2004, c. S-5.5
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Newfoundland and Labrador
Reservation IIIB-PT-7
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Newfoundland and Labrador
Measures:
Securities Act
, R.S.N.L. 1990, c. S-13
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in the Northwest Territories
Reservation IIIB-PT-8
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Territorial — Northwest Territories
Measures:
Securities Act
, S.N.W.T. 2008, c. 10
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Nova Scotia
Reservation IIIB-PT-9
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Nova Scotia
Measures:
Securities Act
, R.S.N.S. 1989, c. 418
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Nunavut
Reservation IIIB-PT-10
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Territorial — Nunavut
Measures:
Securities Act
, R.S.N.W.T. (Nu.) 1988, c. S-5
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Ontario
Reservation IIIB-PT-11
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services — services auxiliary to insurance and pension funding
Type of Reservation:
National treatment
Most-favoured-nation treatment
Market access
Cross-border supply of financial services
Level of Government:
Provincial — Ontario
Measures:
Insurance Act
, R.S.O. 1990, c. I.8, ss. 54(1), 386(1), 386(2), 403
Agents
, O. Reg. 347/04
Description:
Preferential access to the Ontario insurance services market is provided to non-resident individual insurance agents of the United States of America (to all states in the United States of America based on reciprocity).
Reservation IIIB-PT-12
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Ontario
Measures:
Securities Act
, R.S.O. 1990, c. S.5, s. 143
National Instrument 31-103 Registration, Exemptions and Ongoing Registrant
National Instrument 81-102 Mutual Funds
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Prince Edward Island
Reservation IIIB-PT-13
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Prince Edward Island
Measures:
Securities Act
, R.S.P.E.I. 1988, c. S-3.1
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Québec
Reservation IIIB-PT-14
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Type of Reservation:
Market access
Level of Government:
Provincial — Québec
Measures:
An Act respecting the Société de l'assurance automobile du Québec
, C.Q.L.R., c. S-11.011
Description:
Automobile insurance, with respect to personal injury and death, is provided by public monopoly in Québec.
Reservation IIIB-PT-15
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Type of Reservation:
Market access
Level of Government:
Provincial — Québec
Measures:
Description:
The acceptance of deposits of public and para-public institutions and the management of pension funds of public and para-public institutions are provided by a public monopoly in Québec.
Reservation IIIB-PT-16
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Québec
Measures:
Securities Act
, C.Q.L.R., c. V-1.1
Regulation 81-102 respecting Mutual Funds
, C.Q.L.R., c. V-1.1, r. 39
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has shareholders' equity of at least CAD$ 100 million.
Reservations applicable in Saskatchewan
Reservation IIIB-PT-17
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
The Securities Commission (Adoption of National Instruments) Regulations
, R.R.S. c. S-42.2 Reg. 3
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if the sub-custodian has shareholders' equity of at least CAD$ 100 million.
Reservation IIIB-PT-18
Sector:
Financial services
Sub-Sector:
Insurance and insurance related services
Type of Reservation:
National treatment
Market access
Level of Government:
Provincial — Saskatchewan
Measures:
The Traffic Safety Act
, S.S. 2004, c. T-18.1
The Automobile Accident Insurance Act
, R.S.S. 1978, c. A-35
Description:
Motor vehicle insurance is provided by public monopoly in Saskatchewan.
Reservations applicable in Yukon
Reservation IIIB-PT-19
Sector:
Financial services
Sub-Sector:
Banking and other financial services (excluding insurance)
Custodial services
Type of Reservation:
Market access
Level of Government:
Territorial — Yukon
Measures:
Business Corporations Act
, R.S.Y. 2002, c. 20
Description:
Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-custodian may be used if it has share-holders' equity of at least CAD$ 100 million.
(
1
)
  For example, partnerships and sole proprietorships with limited or unlimited liability are generally not acceptable juridical forms for financial institutions in Canada. This headnote is not itself intended to affect, or otherwise limit, a choice by an investor of the other Party between branches or subsidiaries.
(
2
)
  For greater certainty, a holding company established under federal domestic law is a financial institution for the purposes of Article 13.1.
(
3
)
  For the purposes of subparagraph 2(b), a financial institution is deemed to be widely-held at the date of entry into force of this Agreement if: (1) it was required to be widely-held on 17 July 2014; or (2) after 17 July 2014 but before the date of entry into force of this Agreement, a determination is made that the financial institution is required to become widely-held and it did not make reasonable efforts to do so by the date of entry into force of this Agreement

Summary:
EU–Canada mutual recognition agreement (MRA)
SUMMARY OF:
Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU and EU countries
Decision (EU) 2017/38 of 
28 October 2016
 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA)
WHAT IS THE AIM OF THE AGREEMENT AND OF THE DECISION?
The protocol mutual acceptance of conformity assessment results (a form of 
mutual recognition agreement — MRA
1
) in the 
Comprehensive Economic and Trade Agreement (CETA)
 aims to promote trade in goods between the EU and Canada by removing technical barriers.
Under this bilateral agreement that the EU approved on 
28 October 2016
, the EU and the Canada accept the conformity assessments
2
 carried out by designated bodies for specified industrial products.
The decision concerns the provisional application of the CETA.
KEY POINTS
The agreement covers the following sectors:
electrical and electronic equipment, including electrical installations and appliances, and related components;
radio and telecommunications terminal equipment;
electromagnetic compatibility
3
;
toys;
construction products;
machinery, including parts, components and interchangeable equipment;
measuring instruments;
hot-water boilers, including related appliances;
equipment, machines, devices and prevention and detection systems for use in potentially explosive atmospheres (
ATEX equipment
);
outdoor noise reducing equipment;
recreational craft and their components.
The protocol:
enables EU and Canadian companies to test and certify their products in EU and Canada respectively in accordance with other party's requirements prior to export to Canada or EU;
requires the EU and Canada, within 3 years of the agreement entering into force, to consider including other product sectors in the CETA Protocol;
identifies the following priority items for possible inclusion: 
medical devices and accessories,
pressure equipment, including vessels, piping and accessories,
gas burning appliances,
personal protective equipment,
rail systems,
onboard ship equipment;
excludes specifically certain items such as agricultural and sanitary goods;
provides for the recognition of accreditation, designation and withdrawal of conformity assessment bodies
4
;
authorises the EU or Canada to restrict the sale of a product approved by a designated conformity assessment body if they believe it does not meet the prescribed requirements;
calls on the EU and Canada to establish contact points to handle communication between each other;
stipulates that the Committee on Trade in Goods established by the CETA will: 
manage the protocol’s implementation,
address any issues that may arise,
consider possible amendments and recommendations,
report to the CETA joint committee on the protocol’s implementation.
FROM WHEN DO THE DECISION AND THE AGREEMENT APPLY?
The decision has applied since 
28 October 2016
. CETA provisionally entered into force on 
21 September 2017
. CETA will only be able to enter into force fully and definitively when all EU countries have ratified the agreement in accordance with their respective domestic constitutional requirements.
BACKGROUND
With the provisional entry into force of the CETA, the CETA Protocol terminates the original EU-Canada MRA which was ratified in 1998.
Under Articles 
207
 and 
218
 of the Treaty on the Functioning of the European Union, the 
European Commission
, under the authority of EU countries, negotiates international commercial agreements.
In their 
resolution
 of 
21 December 1989
, EU countries agreed the principle of MRAs. On 
21 September 1992
, they authorised the Commission to negotiate mutual recognition agreements on behalf of the EU with certain non-EU countries.
For more information, see:
Mutual Recognition Agreements
 (
European Commission
).
KEY TERMS
 
Mutual recognition agreement:
 an international agreement where 2 or more countries recognise each other’s conformity assessment results.
Conformity assessment:
 the procedure in which a product, before it can be marketed, is tested, inspected and certified to ensure it complies with the relevant legislation.
Electromagnetic compatibility:
 the interaction of electrical and electronic equipment with its electromagnetic environment, and with other equipment. All electronic devices have the potential to emit electromagnetic fields.
Conformity assessment bodies:
 these assess whether a product meets the relevant regulatory or legislative requirements.
MAIN DOCUMENTS
Comprehensive Economic and Trade Agreement (CETA)
 between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 
14.1.2017
, 
pp. 23-1079
)
Council Decision (EU) 
2017/38
 of 
28 October 2016
 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 
14.1.2017
, 
pp. 1080-1081
)
RELATED DOCUMENTS
Council Decision (EU) 
2017/37
 of 
28 October 2016
 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 
14.1.2017
, 
pp. 1-2
)
Consolidated version of the Treaty on the Functioning of the European Union — Part Five — The Union’s external action — Title II — Common commercial policy — 
Article 207
 (ex Article 133 TEC) (OJ C 202, 
7.6.2016
, 
pp. 140-141
)
Consolidated version of the Treaty on the Functioning of the European Union — Part Five — The Union’s external action — Title V — International agreements — 
Article 218
 (ex Article 300 TEC) (OJ C 202, 
7.6.2016
, 
pp. 144-146
)
Council 
Resolution
 of 
21 December 1989
 on a global approach to conformity assessment (OJ C 10, 
16.1.1990
, 
pp. 1-2
)
last update 
23.7.2018

--- DANISH ---

Document:
14.1.2017
DA
Den Europæiske Unions Tidende
L 11/23
SAMLET ØKONOMI- OG HANDELSAFTALE (CETA)
mellem Canada på den ene side og Den Europæiske Union og dens medlemsstater på den anden side
CANADA,
på den ene side,
OG DEN EUROPÆISKE UNION,
KONGERIGET BELGIEN,
REPUBLIKKEN BULGARIEN,
DEN TJEKKISKE REPUBLIK,
KONGERIGET DANMARK,
FORBUNDSREPUBLIKKEN TYSKLAND,
REPUBLIKKEN ESTLAND,
IRLAND,
DEN HELLENSKE REPUBLIK,
KONGERIGET SPANIEN,
DEN FRANSKE REPUBLIK,
REPUBLIKKEN KROATIEN,
DEN ITALIENSKE REPUBLIK,
REPUBLIKKEN CYPERN,
REPUBLIKKEN LETLAND,
REPUBLIKKEN LITAUEN,
STORHERTUGDØMMET LUXEMBOURG,
UNGARN,
REPUBLIKKEN MALTA,
KONGERIGET NEDERLANDENE,
REPUBLIKKEN ØSTRIG,
REPUBLIKKEN POLEN,
DEN PORTUGISISKE REPUBLIK,
RUMÆNIEN,
REPUBLIKKEN SLOVENIEN,
DEN SLOVAKISKE REPUBLIK,
REPUBLIKKEN FINLAND,
KONGERIGET SVERIGE
og
DET FORENEDE KONGERIGE STORBRITANNIEN OG NORDIRLAND,
på den anden side,
i det følgende under et benævnt »parterne«,
som ønsker
YDERLIGERE AT STYRKE deres tætte økonomiske forbindelser og bygge videre på deres respektive rettigheder og forpligtelser i henhold til 
Marrakesh-overenskomsten om oprettelse af Verdenshandelsorganisationen
, indgået den 15. april 1994, og andre multilaterale og bilaterale samarbejdsinstrumenter,
AT SKABE et bredt og sikkert marked for deres varer og tjenesteydelser gennem en reduktion eller afskaffelse af hindringer for handel og investeringer,
AT FASTSÆTTE klare, gennemsigtige, forudsigelige og gensidigt fordelagtige regler for at regulere deres handel og investeringer,
OG SOM
BEKRÆFTER deres stærke tilknytning til demokrati og de grundlæggende rettigheder som omhandlet i 
verdenserklæringen om menneskerettigheder
, indgået den 10. december 1948 i Paris, og deler den opfattelse, at spredning af masseødelæggelsesvåben udgør en alvorlig trussel mod den internationale sikkerhed,
ANERKENDER betydningen af international sikkerhed, demokrati, menneskerettigheder og retsstatsprincippet i forbindelse med udviklingen af den internationale handel og økonomisk samarbejde,
ERKENDER, at bestemmelserne i denne aftale bevarer parternes ret til at regulere på deres territorium og parternes mulighed for at nå legitime politiske mål, f.eks. folkesundhed, sikkerhed, miljø, den offentlige sædelighed og fremme og beskyttelse af den kulturelle mangfoldighed,
BEKRÆFTER deres forpligtelser som parter i UNESCO's 
konvention om beskyttelse og fremme af de kulturelle udtryksformers mangfoldighed
, indgået den 20. oktober 2005 i Paris, og erkender, at staterne har ret til at bevare, udvikle og gennemføre deres kulturpolitik, til at støtte deres kulturelle industrier med henblik på at styrke de kulturelle udtryksformers mangfoldighed og til at bevare deres kulturelle identitet, herunder gennem brug af reguleringsmæssige foranstaltninger og økonomisk støtte,
ANERKENDER, at bestemmelserne i denne aftale beskytter investeringer og investorer med hensyn til deres investeringer, og at de har til formål at fremme gensidigt fordelagtige forretningsaktiviteter, uden at tilsidesætte parternes ret til på deres territorier at regulere i offentlighedens interesse,
PÅ NY BEKRÆFTER deres engagement i at fremme bæredygtig udvikling og udvikling af den internationale handel på en måde, der bidrager til bæredygtig udvikling med hensyn til både økonomiske, sociale og miljømæssige aspekter,
TILSKYNDER virksomheder, der opererer inden for deres territorium eller er underlagt deres jurisdiktion, til at respektere internationalt anerkendte retningslinjer og principper for virksomheders sociale ansvar, herunder OECD's retningslinjer for multinationale virksomheder, og at gennemføre bedste praksis for ansvarlig forretningsskik,
GENNEMFØRER denne aftale på en måde, som stemmer overens med håndhævelsen af deres respektive arbejdsmarkeds- og miljølovgivning, og som fremmer deres niveauer for arbejdstager- og miljøbeskyttelse og bygger videre på deres internationale engagement i arbejdsmarkedsmæssige og miljømæssige spørgsmål,
ERKEND ER den stærke forbindelse mellem innovation og handel og betydningen af innovation for den fremtidige økonomiske vækst og bekræfter deres engagement i at fremme et udvidet samarbejde inden for innovation og de dermed forbundne områder inden for forskning og udvikling samt videnskab og teknologi og at fremme inddragelsen af relevante offentlige og private enheder,
ER BLEVET ENIGE OM FØLGENDE:
KAPITEL ET
Generelle definitioner og indledende bestemmelser
Afdeling A
Generelle definitioner
Artikel 1.1
Alment gældende definitioner
Medmindre andet er fastsat, forstås der i denne aftale ved:
alment gældende administrativ afgørelse
: en administrativ afgørelse eller fortolkning, der finder anvendelse på alle personer og faktiske forhold, der generelt er omfattet heraf, og hvormed fastsættes en adfærdsnorm, men som ikke omfatter:
a)
en konstatering eller afgørelse truffet inden for rammerne af en administrativ eller domstolslignende procedure, der gælder for en bestemt person, vare eller tjenesteydelse fra den anden part i en konkret sag, eller
b)
en afgørelse vedrørende en konkret handling eller praksis
landbrugsaftalen
: den 
aftale om landbrug
, der er indeholdt i bilag 1A til WTO-overenskomsten
landbrugsvare
: et produkt, som er opført i bilag 1 til landbrugsaftalen
antidumpingaftale
: den 
aftale om anvendelse af artikel VI i den almindelige overenskomst om told og udenrigshandel 1994
, der er indeholdt i bilag 1A til WTO-overenskomsten
CETA-kontaktpunkter
: de kontaktpunkter, der er etableret i medfør af artikel 26.5 (CETA-kontaktpunkter)
Det Blandede CETA-Udvalg
: Det Blandede CETA-Udvalg, som er nedsat i medfør af artikel 26.1 (Det Blandede CETA-Udvalg)
CPC
: den midlertidige centrale produktnomenklatur som fastsat i de statistiske publikationer fra De Forenede Nationers statistiske kontor, Statistical Papers, Series M, N
o
 77, 
CPC prov
, 1991
kulturelle industrier
: personer, der er beskæftiget inden for:
a)
offentliggørelse, distribution eller salg af bøger, tidsskrifter, ugeblade eller aviser på tryk eller i maskinlæsbar form, undtagen når trykning eller sætning af disse er den eneste aktivitet
b)
produktion, distribution, salg eller fremvisning af film- eller videooptagelser
c)
produktion, distribution, salg eller fremvisning af lyd- eller musikvideooptagelser
d)
offentliggørelse, distribution eller salg af musik på tryk eller i maskinlæsbar form eller
e)
radiokommunikation, hvor transmissioner er beregnet til direkte modtagelse af den almindelige offentlighed, og alle radio-, tv- og kabeltransmissionsselskaber og alle satellitprogrammerings- og transmissionsnetværkstjenesteydelser
told
: enhver form for told eller afgift, der pålægges en vare eller i forbindelse med import af en vare, herunder enhver form for tillægstold eller tillægsafgift, der pålægges denne import eller i forbindelse dermed, men som ikke omfatter:
a)
afgifter, der svarer til en intern skat, der pålægges i overensstemmelse med artikel 2.3 (national behandling)
b)
en foranstaltning, der anvendes i overensstemmelse med bestemmelserne i artikel VI eller XIX i GATT 1994, antidumpingaftalen, SMC-aftalen, aftalen om beskyttelsesforanstaltninger eller artikel 22 i DSU, eller
c)
et gebyr eller en anden afgift, der pålægges i overensstemmelse med artikel VIII i GATT 1994.
toldværdiansættelsesaftalen
: den 
aftale om anvendelsen af artikel VII i den almindelige overenskomst om told og udenrigshandel 1994
, der er indeholdt i bilag 1A til WTO-overenskomsten
dage
: kalenderdage, herunder weekender og helligdage
DSU
: den 
forståelse vedrørende reglerne og procedurerne for tvistbilæggelse
, der er indeholdt i bilag 2 til WTO-overenskomsten
virksomhed
: en enhed, der er stiftet eller organiseret efter gældende lov, med økonomisk vinding for øje eller ej, og uanset om den er privat eller statsligt ejet eller kontrolleret, herunder en koncern, en trust, et partnerskab, en enkeltmandsvirksomhed, et joint venture eller en anden form for sammenslutning
allerede gældende
, 
allerede gjaldt
 eller 
allerede fandtes
: som er i kraft på datoen for denne aftales ikrafttræden
GATS
: 
den almindelige overenskomst om handel med tjenesteydelser
, der er indeholdt i bilag 1B til WTO-overenskomsten
GATT 1994
: 
den almindelige overenskomst om told og udenrigshandel 1994
, der er indeholdt i bilag 1A til WTO-overenskomsten
varer fra en part
: indenlandske produkter i den i GATT 1994 anvendte betydning eller sådanne varer, som parterne måtte beslutte, og som omfatter varer med oprindelse i denne part
det harmoniserede system
 (
HS
)
: 
det harmoniserede varebeskrivelses- og varenomenklatursystem
, herunder dets almindelige fortolkningsregler, afsnitsbestemmelser, kapitelbestemmelser og underpositionsbestemmelser
position
: et firecifret nummer eller de første fire cifre af et nummer, der anvendes i HS
foranstaltning
: en lov, en forskrift, en regel, en procedure, en beslutning, en administrativ handling, et krav, en praksis eller enhver anden form for foranstaltning truffet af en part
borger
: en fysisk person, som er statsborger som defineret i artikel 1.2, eller som har fast bopæl i en part
med oprindelse
: som opfylder kravene i de oprindelsesregler, der er fastsat i protokollen om oprindelsesregler og oprindelsesprocedurer
parter
: på den ene side Den Europæiske Union eller dens medlemsstater eller Den Europæiske Union og dens medlemsstater i overensstemmelse med deres respektive kompetencer som fastlagt i traktaten om Den Europæiske Union og traktaten om Den Europæiske Unions funktionsmåde (herefter benævnt »EU-parten«) og på den anden side Canada
person
: en fysisk person eller en virksomhed
person i en part
: en borger eller en virksomhed i en part
præferencetoldbehandling
: anvendelse af toldsatsen i henhold til denne aftale på en vare med oprindelsesstatus i henhold til toldafviklingsplanen
aftalen om beskyttelsesforanstaltninger
: den 
aftale om beskyttelsesforanstaltninger
, der er indeholdt i bilag 1A til WTO-overenskomsten
sundheds- eller plantesundhedsforanstaltning
: en foranstaltning som omhandlet i punkt 1 i bilag A til SPS-aftalen
SCM-aftalen
: den 
aftale om subsidier og udligningsforanstaltninger
, der er indeholdt i bilag 1A til WTO-overenskomsten
tjenesteyder
: en person, der leverer eller søger at levere en tjenesteydelse
SPS-aftalen
: den 
aftale om anvendelse af sundhedsmæssige og plantesundhedsmæssige foranstaltninger
, der er indeholdt i bilag 1A til WTO-overenskomsten
statslig virksomhed
: en virksomhed, der ejes eller kontrolleres af en part
underposition
: et sekscifret nummer eller de første seks cifre af et nummer, der anvendes i HS
toldklassifikation
: en vares eller et materiales tarifering under et bestemt kapitel, en bestemt position eller en bestemt underposition i HS
toldafviklingsplan
: bilag 2-A (afskaffelse af told)
TBT-aftalen
: den 
aftale om tekniske handelshindringer
, der er indeholdt i bilag 1A til WTO-overenskomsten
territorium
: det territorium, hvor denne aftale finder anvendelse, jf. artikel 1.3
tredjeland
: et land eller et territorium uden for denne aftales geografiske anvendelsesområde
TRIPS-aftalen
: den 
aftale om handelsrelaterede intellektuelle ejendomsrettigheder
, der er indeholdt i bilag 1C til WTO-overenskomsten
Wienerkonventionen om traktatretten
: 
wienerkonventionen om traktatretten
, indgået den 23. maj 1969 i Wien
WTO
: Verdenshandelsorganisationen, og
WTO-overenskomsten
: 
Marrakesh-overenskomsten om oprettelse af Verdenshandelsorganisationen
 (WTO), indgået den 15. april 1994.
Artikel 1.2
Partspecifikke definitioner
Medmindre andet er fastsat, forstås i denne aftale ved:
statsborger
:
a)
for så vidt angår Canada en fysisk person, som er statsborger i Canada i henhold til canadisk lovgivning
b)
for så vidt angår EU-parten en fysisk person med statsborgerskab i en medlemsstat, og
centralregering
:
a)
for så vidt angår Canada Canadas regering, og
b)
for så vidt angår EU-parten Den Europæiske Union eller dens medlemsstaters nationale regeringer.
Artikel 1.3
Geografisk anvendelsesområde
Medmindre andet er fastsat, finder denne aftale anvendelse på:
a)
for så vidt angår Canada:
i)
Canadas landområde, luftrum, indre farvande og søterritorium
ii)
Canadas eksklusive økonomiske zone som fastsat i Canadas interne lovgivning i overensstemmelse med del V i 
De Forenede Nationers havretskonvention
, indgået den 10. december 1982 i Montego Bay (»UNCLOS«), og
iii)
Canadas kontinentalsokkel som fastsat i Canadas interne lovgivning i overensstemmelse med del VI i UNCLOS
b)
for så vidt angår Den Europæiske Union: de territorier, hvor traktaten om Den Europæiske Union og traktaten om Den Europæiske Unions funktionsmåde finder anvendelse, og på de betingelser, der er fastlagt i disse traktater. For så vidt angår bestemmelserne vedrørende toldbehandlingen af varer finder denne aftale også anvendelse på de dele af Den Europæiske Unions toldområde, der ikke er omfattet af første punktum i dette litra.
Afdeling B
Indledende bestemmelser
Artikel 1.4
Oprettelse af et frihandelsområde
Parterne i denne aftale opretter herved et frihandelsområde i overensstemmelse med artikel XXIV i GATT 1994 og artikel V i GATS.
Artikel 1.5
Forholdet til WTO-overenskomsten og andre aftaler
Parterne bekræfter deres rettigheder og forpligtelser over for hinanden i henhold til WTO-overenskomsten og andre aftaler, som de er part i.
Artikel 1.6
Henvisninger til andre aftaler
Når der i denne aftale henvises til, eller når der ved henvisning inkorporeres, andre aftaler eller retsakter helt eller delvis, omfatter disse henvisninger:
a)
tilhørende bilag, protokoller, fodnoter, fortolkende bemærkninger og forklarende bemærkninger, og
b)
efterfølgeraftaler, som begge parter er part i, eller ændringer, der er bindende for parterne, undtagen hvis henvisningen bekræfter allerede gældende rettigheder.
Artikel 1.7
Henvisninger til lovgivning
Når der i denne aftale henvises til love, enten generelt eller ved henvisning til en særlig bestemmelse, en særlig forordning eller et særligt direktiv, skal dette forstås som en henvisning til disse love med eventuelle senere ændringer, medmindre andet er angivet.
Artikel 1.8
Forpligtelsernes omfang
1.   Hver af parterne har det fulde ansvar for overholdelsen af alle bestemmelser i denne aftale.
2.   Hver af parterne skal sikre, at alle nødvendige foranstaltninger træffes for at gennemføre bestemmelserne i denne aftale, herunder at de overholdes på alle regeringsniveauer.
Artikel 1.9
Rettigheder og forpligtelser vedrørende vand
1.   Parterne anerkender, at vand i sin naturlige tilstand, herunder vand i søer, floder, reservoirer, vandførende lag og vandbassiner, ikke udgør en vare eller et produkt. Sådant vand er derfor kun omfattet af kapitel toogtyve (handel og bæredygtig udvikling) og fireogtyve (handel og miljø).
2.   Hver af parterne har ret til at beskytte og bevare sine naturlige vandreserver. Intet i denne aftale forpligter en part til at tillade kommerciel anvendelse af vand til noget formål, herunder indvinding, ekstraktion eller omledning med henblik på bulkeksport.
3.   Tillader en part kommerciel anvendelse af en specifik vandreserve, skal det ske på en måde, der er forenelig med denne aftale.
Artikel 1.10
Personer, der udøver delegeret regeringsmyndighed
Medmindre andet er fastsat i denne aftale, skal hver af parterne sikre, at en person på et hvilket som helst regeringsniveau, der af en part har fået delegeret regulerende, administrativ eller anden regeringsmyndighed, ved udøvelsen af myndigheden handler i overensstemmelse med partens forpligtelser som fastsat i denne aftale.
KAPITEL TO
National behandling og markedsadgang for varer
Artikel 2.1
Mål
Parterne skal gradvist liberalisere handel med varer i overensstemmelse med de i denne aftale fastsatte bestemmelser i en overgangsperiode begyndende på tidspunktet for denne aftales ikrafttræden.
Artikel 2.2
Anvendelsesområde
Dette kapitel finder anvendelse på en parts handel med varer som defineret i kapitel et (generelle definitioner og indledende bestemmelser), medmindre andet er fastsat i denne aftale.
Artikel 2.3
National behandling
1.   Hver af parterne indrømmer national behandling for varer fra den anden part i overensstemmelse med artikel III i GATT 1994. Med henblik herpå er artikel III i GATT 1994 inkorporeret i og gjort til en del af denne aftale.
2.   For så vidt angår enhver anden regering i Canada end på føderalt niveau eller en regering i eller inden for en medlemsstat i Den Europæiske Union skal der i stk. 1 forstås en behandling, der ikke er mindre gunstig end den, der indrømmes af en sådan regering for tilsvarende, direkte konkurrerende eller substituerbare varer fra henholdsvis Canada eller den pågældende medlemsstat.
3.   Denne artikel finder ikke anvendelse på en foranstaltning, herunder en foranstaltnings fortsættelse, omgående fornyelse eller ændring, vedrørende canadiske punktafgifter på absolut alkohol som tariferet under toldposition 2207.10.90 i Canadas liste over indrømmelser (Liste V), der er knyttet som bilag til 
Marrakesh-protokollen til den almindelige overenskomst om told og udenrigshandel 1994
, indgået den 15. april 1994 (»Marrakeshprotokollen«), der anvendes til fremstilling i henhold til bestemmelser i 
Excise Act, 2001
, S.C. 2002, c. 22.
Artikel 2.4
Nedsættelse og afskaffelse af told ved import
1.   Hver af parterne skal nedsætte eller afskaffe told på varer med oprindelse i den anden part i overensstemmelse med toldafviklingsplanerne i bilag 2-A. I dette kapitel forstås ved »med oprindelse« oprindelse i en af parterne i henhold til de oprindelsesregler, der er fastsat i protokollen om oprindelsesregler og oprindelsesprocedurer.
2.   Den basistoldsats, der gøres til genstand for successive nedsættelser i henhold til stk. 1, er den, der for hver enkelt vare er anført i bilag 2-A til denne aftale.
3.   For varer, der er omfattet af toldpræferencer som fastsat i en parts toldafviklingsplan i bilag 2-A, skal hver af parterne for varer med oprindelse i den anden part anvende den laveste af de toldsatser, der opnås ved sammenligning mellem den sats, der beregnes i overensstemmelse med denne parts plan, og dens gældende mestbegunstigelsessats.
4.   Parterne kan efter anmodning fra en af parterne konsultere hinanden med henblik på at overveje en fremskyndelse og en udvidelse af omfanget af afskaffelsen af told på varer ved import mellem parterne. En beslutning fra Det Blandede CETA-Udvalg vedrørende en fremskyndelse eller afskaffelse af told på en varegår forud for enhver toldsats eller afviklingskategori, der for den pågældende vare er fastsat i henhold til parternes planer i bilag 2-A, når den er godkendt af hver af parterne i overensstemmelse med deres gældende retlige procedurer.
Artikel 2.5
Begrænsning af toldgodtgørelses-, toldudsættelses- og toldsuspensionsordninger
1.   En part skal ikke refundere, udsætte eller suspendere en told, der er betalt eller skal betales på en vare uden oprindelsesstatus, der importeres ind på dens territorium på den udtrykkelige betingelse, at varen eller en identisk, ækvivalent eller tilsvarende substitutionsvare anvendes som materiale i produktionen af en anden vare, der efterfølgende eksporteres til den anden parts territorium under præferencetoldbehandling i henhold til denne aftale, jf. dog stk. 2 og 3.
2.   Stk. 1 finder ikke anvendelse på en parts ordning for toldnedsættelse, -suspension eller -udsættelse, uanset om den er permanent eller midlertidig, når nedsættelsen, suspensionen eller udsættelsen ikke udtrykkeligt er betinget af eksporten af en vare.
3.   Stk. 1 finder ikke anvendelse før tre år efter denne aftales ikrafttræden.
Artikel 2.6
Told, skatter og andre gebyrer og afgifter ved eksport
Ingen af parterne må opretholde eller indføre told, skatter eller andre gebyrer og afgifter, der pålægges ved eller i forbindelse med eksport af en vare til den anden part, og ej heller interne skatter, gebyrer eller afgifter for varer, der eksporteres til den anden part, som overstiger de skatter, gebyrer og afgifter, der pålægges tilsvarende varer bestemt til internt salg.
Artikel 2.7
Status quo
1.   Ingen af parterne må ved denne aftales ikrafttræden forhøje en told, der var gældende ved ikrafttrædelsen, eller indføre en ny told på en vare med oprindelse i en af parterne.
2.   En part kan uanset stk. 1:
a)
ændre en told, der ikke er omfattet af denne aftale, for en vare, for hvilken der ikke anmodes om toldpræference i henhold til denne aftale
b)
efter en ensidig nedsættelse forhøje en told, så den igen kommer op på det niveau, der er fastsat i dens toldafviklingsplan i bilag 2-A, eller
c)
opretholde eller forhøje en told som tilladt i henhold til denne aftale eller enhver aftale under WTO-overenskomsten.
3.   Uanset stk. 1 og 2 kan kun Canada anvende en særlig beskyttelse i henhold til artikel 5 i landbrugsaftalen. Der kan udelukkende anvendes en særlig beskyttelse for så vidt angår varer, som er henhørende under positioner med anførelsen »SSG« i Canadas plan i bilag 2-A. Anvendelsen af denne særlige beskyttelse er begrænset til import, der ikke er omfattet af toldpræference, og i tilfælde af import, der er omfattet af et toldkontingent, til import over adgangsforpligtelsen.
Artikel 2.8
Midlertidig suspension af præferencetoldbehandling
1.   En part kan i overensstemmelse med stk. 2-5 midlertidigt suspendere præferencetoldbehandlingen under denne aftale for så vidt angår en vare, der eksporteres eller produceres af en person fra den anden part, hvis parten:
a)
som følge af en undersøgelse baseret på objektive, tvingende og verificerbare oplysninger konstaterer, at den pågældende person fra den anden part har begået systematiske overtrædelser af toldlovgivningen for at opnå præferencetoldbehandling under denne aftale, eller
b)
konstaterer, at den anden part systematisk og uberettiget nægter at samarbejde i forbindelse med undersøgelsen af overtrædelser af toldlovgivningen under artikel 6.13.4 (samarbejde), og den part, der anmoder om samarbejde, baseret på objektive, tvingende og verificerbare oplysninger har rimelige grunde til at konkludere, at den pågældende person fra den anden part har begået systematiske overtrædelser af toldlovgivningen for at opnå præferencetoldbehandling under denne aftale.
2.   En part, som har foretaget en konstatering som omhandlet i stk. 1, skal:
a)
underrette den anden parts toldmyndighed og fremlægge de oplysninger og beviser, som ligger til grund for konstateringen
b)
indlede konsultationer med myndighederne fra den anden part for at finde frem til en gensidigt acceptabel løsning på de problemer, der er blevet konstateret, og
c)
give skriftlig meddelelse til den pågældende person fra den anden part, herunder de oplysninger, der ligger til grund for konstateringen.
3.   Har myndighederne ikke fundet en gensidigt acceptabel løsning efter senest 30 dage, skal den part, der har foretaget konstateringen, indbringe sagen for Det Blandede Toldsamarbejdsudvalg.
4.   Har Det Blandede Toldsamarbejdsudvalg ikke fundet en løsning efter senest 60 dage, kan den part, der har foretaget konstateringen, midlertidigt suspendere præferencetoldbehandlingen under denne aftale for så vidt angår den pågældende vare fra den pågældende person fra den anden part. Den midlertidige suspension finder ikke anvendelse på en vare, der allerede befinder sig i transit mellem parterne på den dag, som den midlertidige suspension har virkning fra.
5.   Den part, der anvender den midlertidige suspension i henhold til stk. 1, må kun gøre dette i en periode, der står i et rimeligt forhold til den indvirkning, som situationen, der har ført til konstateringen under stk. 1, har på denne parts finansielle interesser, og højst i 90 dage. Har parten rimelige grunde baseret på objektive, tvingende og verificerbare oplysninger til at antage, at de forhold, der gav anledning til den oprindelige suspension, ikke har ændret sig efter perioden på de 90 dage, kan parten forny suspensionen i en yderligere periode på højst 90 dage. Den oprindelige suspension og enhver fornyet suspension er genstand for regelmæssige konsultationer i Det Blandede Toldsamarbejdsudvalg.
Artikel 2.9
Gebyrer og andre afgifter
1.   En part må i overensstemmelse med artikel VIII i GATT 1994 ikke indføre eller opretholde et gebyr eller en afgift på eller i forbindelse med import eller eksport af en parts vare, der ikke står i rimeligt forhold til omkostningerne ved de tjenesteydelser, der ydes, eller som udgør en indirekte beskyttelse af indenlandske varer eller en beskatning af import eller eksport til fiskale formål.
2.   Det præciseres, at stk. 1 ikke forhindrer en part i at pålægge en told eller en afgift som omhandlet i litra a)-c) i definitionen af told under artikel 1.1 (alment gældende definitioner).
Artikel 2.10
Varer, der genindføres efter reparation eller ændring
1.   Med henblik på denne artikel forstås ved reparation eller ændring enhver behandling af en vare, som foretages for at udbedre funktionsfejl eller materielle skader for således at genetablere varens oprindelige funktion eller sikre, at den er i overensstemmelse med tekniske krav til anvendelsen, og uden hvilken varen ikke længere kan anvendes på normal måde til det formål, den er bestemt til. Reparation eller ændring af en vare omfatter genetablering og vedligeholdelse, men ikke en behandling eller en forarbejdning, hvormed:
a)
varens grundlæggende karakteristika tilintetgøres, eller der skabes en ny eller kommercielt anderledes vare
b)
et halvfabrikata omformes til helfabrikata, eller
c)
der foretages en væsentlig ændring af en vares funktion.
2.   En part må uanset varens oprindelse ikke lægge told på en vare, som genindføres på dens territorium, efter at varen har været midlertidigt eksporteret fra dens territorium til den anden parts territorium med henblik på reparation eller ændring, uanset om en sådan reparation eller ændring kunne være blevet udført på den parts territorium, hvorfra varen blev eksporteret med henblik på reparation eller ændring, jf. dog fodnote 1 
(
1
)
,
 
(
2
)
.
3.   Stk. 2 finder ikke anvendelse på varer, der mod kaution importeres til frihandelszoner eller med tilsvarende status, og som efterfølgende eksporteres med henblik på reparation og ikke genindføres mod kaution til frihandelszoner eller med tilsvarende status.
4.   En part må ikke lægge told på en vare, uanset oprindelse, der importeres midlertidigt fra den anden parts territorium med henblik på reparation eller ændring 
(
3
)
.
Artikel 2.11
Import- og eksportrestriktioner
1.   Medmindre andet er fastsat i denne aftale, må parterne ikke indføre eller opretholde forbud eller restriktioner på import af varer fra den anden part eller på eksport eller salg til eksport af varer bestemt til den anden parts territorium, jf. dog artikel XI i GATT 1994. Med henblik herpå er artikel XI i GATT 1994 inkorporeret i og gjort til en del af denne aftale.
2.   Indfører eller opretholder en part et forbud eller en restriktion ved import fra eller eksport af en vare til et tredjeland, kan denne part:
a)
begrænse eller forbyde import fra den anden parts territorium af en vare fra dette tredjeland, eller
b)
begrænse eller forbyde eksport af en vare til dette tredjeland gennem den anden parts territorium.
3.   Indfører eller opretholder en part et forbud eller en restriktion ved import af en vare fra et tredjeland, skal parterne efter anmodning fra den anden part indlede drøftelser med henblik på at undgå enhver utidig indblanding i eller forvrængning af den anden parts prisfastsættelses-, markedsførings- eller distributionsordninger.
4.   Denne artikel finder ikke anvendelse på en foranstaltning, herunder videreførelse, omgående fornyelse eller ændring af en sådan foranstaltning, for så vidt angår:
a)
eksport af tømmer af enhver art. Ophører en part med at kræve eksporttilladelser for tømmer bestemt til et tredjeland, ophører denne part definitivt med at kræve eksporttilladelser for tømmer bestemt til den anden part
b)
eksport af uforarbejdet fisk i henhold til den relevante lovgivning i Newfoundland og Labrador i en periode på tre år efter dennes aftales ikrafttræden
c)
canadiske punktafgifter på absolut alkohol som tariferet under position 2207.10.90 i Canadas liste over indrømmelser, der erknyttet som bilag til Marrakesh-protokollen (liste V), der anvendes til fremstilling i henhold til bestemmelserne i Excise Act, 2001, S.C. 2002, c. 22, og
d)
import af brugte køretøjer til Canada, der ikke er i overensstemmelse med de canadiske sikkerheds- og miljøkrav.
Artikel 2.12
Andre bestemmelser vedrørende handel med varer
Hver af parterne skal bestræbe sig på at sikre, at en vare fra den anden part, som er blevet importeret til og på lovlig vis solgt eller udbudt til salg hvor som helst på den importerende parts territorium, også kan sælges eller udbydes til salg på hele den importerende parts territorium.
Artikel 2.13
Udvalget for Varehandel
1.   De opgaver, der varetages af Udvalget for Varehandel, som er nedsat i medfør af artikel 26.2.1, litra a), (specialudvalg) omfatter:
a)
at fremme handel med varer mellem parterne, herunder via konsultationer om fremskyndelse af afskaffelsen af told i henhold til denne aftale og andre spørgsmål, som måtte være relevante
b)
at anbefale Det Blandede CETA-Udvalg ændringer eller udvidelser af enhver bestemmelse i denne aftale vedrørende det harmoniserede system, og
c)
straks at behandle spørgsmål vedrørende varebevægelser via parternes importsteder.
2.   Udvalget for Varehandel kan forelægge Det Blandede CETA-Udvalg udkast til afgørelser om fremskyndelse eller ophævelse af punktafgifter på en vare.
3.   Landbrugsudvalget, som er nedsat i medfør af artikel 26.2.1, litra a), (specialudvalg), skal:
a)
holde møde senest 90 dage efter, at en part har anmodet derom
b)
udgøre et forum for parternes drøftelser om spørgsmål vedrørende landbrugsvarer, som er omfattet af denne aftale, og
c)
henvise ethvert uafklaret spørgsmål under litra b) til Udvalget for Varehandel.
4.   Parterne noterer sig samarbejdet og udvekslingen af oplysninger om landbrugsspørgsmål inden for rammerne af den årlige landbrugsdialog mellem Canada og Den Europæiske Union som fastsat i brevvekslingen af 14. juli 2008. Landbrugsdialogen kan, hvis det er hensigtsmæssigt, anvendes i forbindelse med stk. 3.
KAPITEL TRE
Afbødende foranstaltninger på handelsområdet
Afdeling A
Antidumping- og udligningsforanstaltninger
Artikel 3.1
Almindelige bestemmelser vedrørende antidumping- og udligningsforanstaltninger
1.   Parterne bekræfter deres rettigheder og forpligtelser i medfør af artikel VI i GATT 1994, antidumpingaftalen og SCM-aftalen.
2.   Protokollen om oprindelsesregler og oprindelsesprocedurer finder ikke anvendelse på antidumping- og udligningsforanstaltninger.
Artikel 3.2
Gennemsigtighed
1.   Hver af parterne skal anvende antidumping- og udligningsforanstaltninger i overensstemmelse med de relevante WTO-krav og i henhold til principperne om en retfærdig og gennemsigtig proces.
2.   Parterne skal umiddelbart efter indførelsen af midlertidige foranstaltninger og under alle omstændigheder inden en endelig konstatering sikre en fuldstændig og formålstjenlig fremlæggelse af alle de vigtigste kendsgerninger og betragtninger, der ligger til grund for beslutningen om, hvorvidt der skal indføres endelige foranstaltninger. Dette berører ikke anvendelsen af artikel 6, stk. 5, i antidumpingaftalen og artikel 12, stk. 4, i SCM-aftalen.
3.   Forudsat at det ikke forsinker gennemførelsen af undersøgelsen unødigt, skal alle berørte parter i en antidumping- og antisubsidieundersøgelse 
(
4
)
 have mulighed for at forsvare deres interesser.
Artikel 3.3
Hensynet til offentlighedens interesser og lavere told
1.   Hver parts myndigheder skal tage hensyn til de oplysninger, der leveres i overensstemmelse med den pågældende parts lovgivning, om hvorvidt indførelsen af en antidumping- eller udligningstold ikke er i offentlighedens interesse.
2.   Efter at have gennemgået de i stk. 1 omhandlede oplysninger kan den pågældende parts myndigheder i overensstemmelse med partens lovgivning overveje, om størrelsen af den antidumping- eller udligningstold, der skal pålægges, skal være lig med den fulde dumpingmargen eller det fulde subsidiebeløb eller et lavere beløb.
Afdeling B
Globale beskyttelsesforanstaltninger
Artikel 3.4
Almindelige bestemmelser vedrørende globale beskyttelsesforanstaltninger
1.   Parterne bekræfter deres rettigheder og forpligtelser vedrørende globale beskyttelsesforanstaltninger i henhold til artikel XIX i GATT 1994 og aftalen om beskyttelsesforanstaltninger.
2.   Protokollen om oprindelsesregler og oprindelsesprocedurer finder ikke anvendelse på globale beskyttelsesforanstaltninger.
Artikel 3.5
Gennemsigtighed
1.   Efter anmodning fra den eksporterende part skal den part, der indleder en beskyttelsesundersøgelse eller har til hensigt at træffe foreløbige eller endelige, globale beskyttelsesforanstaltninger, straks fremlægge:
a)
de i artikel 12, stk. 2, i aftalen om beskyttelsesforanstaltninger omhandlede oplysninger i det format, der foreskrives af WTO's Komité for Beskyttelsesforanstaltninger
b)
den offentlige udgave af klagen, der blev indgivet af den indenlandske erhvervsgren, hvis dette er relevant, og
c)
en offentlig rapport om de resultater og begrundede konklusioner om alle relevante faktiske og retlige spørgsmål, der tages i betragtning ved undersøgelsen af beskyttelsesforanstaltninger. Den offentlige rapport skal omfatte en analyse af årsagssammenhæng mellem skade og skadeforvoldende faktorer og den metode, der anvendes til at definere de globale beskyttelsesforanstaltninger.
2.   Ved afgivelse af oplysninger i henhold til denne artikel skal den importerende part tilbyde at føre konsultationer med den eksporterende part for at gennemgå de fremlagte oplysninger.
Artikel 3.6
Indførelse af endelige foranstaltninger
1.   Indfører en part globale beskyttelsesforanstaltninger, skal den tilstræbe at gøre dette på en måde, der griber mindst muligt ind i den bilaterale handel.
2.   Den importerende part skal tilbyde at føre konsultationer med den eksporterende part for at undersøge den i stk. 1 omhandlede sag. Den importerende part må ikke træffe foranstaltninger før 30 dage efter at have tilbudt at føre konsultationer.
Afdeling C
Generelle bestemmelser
Artikel 3.7
Udelukkelse fra tvistbilæggelse
Dette kapitel er ikke omfattet af kapitel niogtyve (tvistbilæggelse).
KAPITEL FIRE
Tekniske handelshindringer
Artikel 4.1
Anvendelsesområde og definitioner
1.   Dette kapitel finder anvendelse på udarbejdelse, vedtagelse og anvendelse af tekniske forskrifter, standarder og overensstemmelsesvurderingsprocedurer, som kan påvirke handel med varer mellem parterne.
2.   Dette kapitel finder ikke anvendelse på:
a)
specifikationer vedrørende indkøb udarbejdet af et regeringsorgan med henblik på regeringsorganers produktion eller forbrug, eller
b)
en sundheds- eller plantesundhedsforanstaltning som defineret i bilag A til SPS-aftalen.
3.   Medmindre denne aftale, herunder de inkorporerede bestemmelser fra TBT-aftalen i henhold til artikel 4.2, definerer eller giver en betydning til et udtryk, har de generelle udtryk i forbindelse med standardisering og procedurerne for overensstemmelsesvurdering normalt den betydning, der gives dem ifølge de definitioner, der er vedtaget inden for FN-systemet og de internationale standardiseringsorganisationer, under hensyntagen til den sammenhæng, hvori de forekommer, og til formålet med dette kapitel.
4.   Henvisninger i dette kapitel til tekniske forskrifter, standarder og procedurer for overensstemmelsesvurdering omfatter ændringer heraf og tilføjelser til reglerne eller produktdækningen heri, medmindre der er tale om uvæsentlige ændringer og tilføjelser.
5.   Artikel 1.8.2 (forpligtelsernes omfang) finder ikke anvendelse på artikel 3, 4, 7, 8 og 9 i TBT-aftalen som inkorporeret i nærværende aftale.
Artikel 4.2
Inkorporering af TBT-aftalen
1.   Følgende bestemmelser i TBT-aftalen er hermed inkorporeret i og gjort til en del af nærværende aftale:
a)
artikel 2 (centrale regeringsorganers udarbejdelse, vedtagelse og anvendelse af tekniske forskrifter)
b)
artikel 3 (lokale regeringsorganers og ikke-regeringsorganers udarbejdelse, vedtagelse og anvendelse af tekniske forskrifter)
c)
artikel 4 (udarbejdelse, vedtagelse og anvendelse af standarder)
d)
artikel 5 (centrale regeringsorganers procedurer for overensstemmelsesvurdering)
e)
artikel 6 (centrale regeringsorganers godkendelse af overensstemmelsesvurderinger), uden at dette begrænser en parts rettigheder eller forpligtelser i henhold til protokollen om gensidig accept af resultaterne af overensstemmelsesvurdering og protokollen om gensidig anerkendelse af overensstemmelses- og håndhævelsesprogrammet for god fremstillingspraksis for farmaceutiske produkter
f)
artikel 7 (lokale regeringsorganers procedurer for overensstemmelsesvurdering)
g)
artikel 8 (ikke-regeringsorganers procedurer for overensstemmelsesvurdering)
h)
artikel 9 (internationale og regionale systemer)
i)
bilag 1 (termer og definitioner i forbindelse med denne aftale), og
j)
bilag 3 (kodeks for god praksis ved udarbejdelse, vedtagelse og anvendelse af standarder).
2.   Udtrykket »medlemmer« i de inkorporerede bestemmelser har samme betydning i nærværende aftale som i TBT-aftalen.
3.   For så vidt angår TBT-aftalens artikel 3, 4, 7, 8 og 9 kan kapitel niogtyve (tvistbilæggelse) påberåbes i tilfælde, hvor en part finder, at den anden part ikke har opnået tilfredsstillende resultater i henhold til disse artikler, og at dens handelsinteresser berøres i væsentlig grad. I denne henseende skal disse resultater være ækvivalente med dem, der kunne forventes, hvis det pågældende organ var en part.
Artikel 4.3
Samarbejde
Parterne skal styrke deres samarbejde for så vidt angår tekniske forskrifter, standarder, metrologi, procedurer for overensstemmelsesvurdering, markedsovervågning eller kontrol- og håndhævelsesaktiviteter for at befordre handelen mellem parterne, jf. kapitel enogtyve (reguleringssamarbejde). Dette kan omfatte fremme af og tilskyndelse til samarbejde mellem parternes respektive offentlige eller private organisationer med ansvar for metrologi, standardisering, prøvning, certificering og akkreditering, markedsovervågning eller kontrol- og håndhævelsesaktiviteter samt i særdeleshed tilskyndelse af deres akkrediterings- og overensstemmelsesvurderingsorganer til at deltage i samarbejdsordninger, der fremmer accepten af overensstemmelsesvurderingsresultater.
Artikel 4.4
Tekniske forskrifter
1.   Parterne forpligter sig til at samarbejde i det omfang, det er muligt, for at sikre, at deres tekniske forskrifter er forenelige med hinanden. Tilkendegiver en part i den forbindelse en interesse i at udvikle en teknisk forskrift med samme eller et lignende anvendelsesområde som én, der findes i eller er under udarbejdelse hos den anden part, skal den anden part på anmodning forelægge den første part, i det omfang det er praktisk muligt, de relevante oplysninger, undersøgelser og data, som har ligget til grund for udarbejdelsen af den tekniske forskrift, uanset om forskriften er vedtaget eller under udarbejdelse. Parterne anerkender, at det kan være nødvendigt at præcisere og nå til enighed om anvendelsesområdet for en specifik anmodning, og at fortrolige oplysninger kan tilbageholdes.
2.   En part, der har udarbejdet en teknisk forskrift, som den anser for at svare til en teknisk forskrift i den anden part, og som har forenelige mål og produktdækning, kan anmode om, at den anden part anerkender den tekniske forskrift som ækvivalent. Parten skal fremsætte anmodningen skriftligt og angive detaljeret begrundelse for, hvorfor den tekniske forskrift skal anses for at være ækvivalent, herunder med hensyn til produktdækningen. Den part, der ikke er enig i, at den tekniske forskrift er ækvivalent, skal efter anmodning oplyse den anden part om sin begrundelse herfor.
Artikel 4.5
Overensstemmelsesvurdering
Parterne respekterer protokollen om gensidig accept af resultaterne af overensstemmelsesvurdering og protokollen om gensidig anerkendelse af overensstemmelses- og håndhævelsesprogrammet vedrørende god fremstillingspraksis for farmaceutiske produkter.
Artikel 4.6
Gennemsigtighed
1.   Hver af parterne skal sikre, at der forefindes gennemsigtighedsprocedurer i forbindelse med udviklingen af tekniske forskrifter og procedurer for overensstemmelsesvurdering, der gør det muligt for parternes interesserede personer at deltage på et passende tidligt stadium, hvor der stadig kan foretages ændringer og tages hensyn til bemærkninger, medmindre hastende problemer med hensyn til sikkerhed, sundhed, miljøbeskyttelse eller national sikkerhed opstår eller truer med at opstå. Er en høringsprocedure i forbindelse med udarbejdelsen af tekniske forskrifter eller procedurer for overensstemmelsesvurdering åben for offentligheden, tillader parterne hver især, at personer fra den anden part deltager på vilkår, der ikke er mindre gunstige end dem, der indrømmes personer fra den pågældende part.
2.   Parterne skal fremme et tættere samarbejde mellem de standardiseringsorganer, der er beliggende inden for deres respektive territorier, med henblik på at befordre bl.a. udveksling af oplysninger om deres respektive aktiviteter samt harmonisering af standarder, der bygger på fælles interesse og gensidighed, i henhold til nærmere bestemmelser, der vedtages af de pågældende standardiseringsorganer.
3.   Hver af parterne skal bestræbe sig på at give en frist på mindst 60 dage efter fremsendelsen til WTO's centralregister for notifikationer af foreslåede tekniske forskrifter og procedurer for overensstemmelsesvurdering, således at den anden part har mulighed for at fremsætte skriftlige bemærkninger, medmindre hastende problemer med hensyn til sikkerhed, sundhed, miljøbeskyttelse eller national sikkerhed opstår eller truer med at opstå. Parterne skal velvilligt overveje en rimelig anmodning om forlængelse af fristen for fremsættelse af bemærkninger.
4.   Modtager en part bemærkninger til sin foreslåede tekniske forskrift eller procedure for overensstemmelsesvurdering fra den anden part, skal den skriftligt besvare disse bemærkninger, før den tekniske forskrift eller proceduren for overensstemmelsesvurdering vedtages.
5.   Hver af parterne skal senest på datoen for offentliggørelse af den vedtagne tekniske forskrift eller procedure for overensstemmelsesvurdering offentliggøre eller på anden måde gøre offentligt tilgængelig via trykte eller elektroniske medier sine svar eller en sammenfatning af sine svar på de væsentlige bemærkninger, som den modtager.
6.   Hver af parterne skal efter anmodning fra den anden part give oplysninger om formålet med samt retsgrundlaget og begrundelsen for en teknisk forskrift eller en procedure for overensstemmelsesvurdering, som parten har vedtaget eller agter at vedtage.
7.   En part skal velvilligt overveje en rimelig anmodning fra den anden part, der er modtaget inden for udløbet af perioden for fremsættelse af bemærkninger efter fremlæggelsen af en foreslået teknisk forskrift, om at iværksætte eller forlænge tidsrummet mellem vedtagelsen af den tekniske forskrift og den dag, hvor den træder i kraft, medmindre forlængelsen ikke gør det muligt at opfylde de forfulgte legitime mål.
8.   Hver af parterne skal sikre, at de tekniske forskrifter og procedurer for overensstemmelsesvurdering, de vedtager, offentliggøres på officielle websteder.
9.   Tilbageholder en part ved et importsted en vare indført fra den anden parts territorium med den begrundelse, at varen ikke overholder en teknisk forskrift, skal den uden unødig forsinkelse underrette importøren om grundene til tilbageholdelse af varen.
Artikel 4.7
Forvaltning af kapitlet
1.   Parterne skal samarbejde om spørgsmål, der er omfattet af dette kapitel. Parterne er enige om, at Udvalget for Varehandel, som er nedsat i medfør af artikel 26.2.1, litra a):
a)
skal forvalte gennemførelsen af dette kapitel
b)
straks skal behandle ethvert spørgsmål, der rejses af en part vedrørende udarbejdelse, vedtagelse eller anvendelse af standarder, tekniske forskrifter og procedurer for overensstemmelsesvurdering
c)
på en parts anmodning skal befordre drøftelsen af den vurdering af den reelle eller potentielle risiko, som er foretaget af den anden part
d)
skal tilskynde til samarbejde mellem parternes standardiseringsorganer og overensstemmelsesvurderingsorganer
e)
skal udveksle oplysninger om standarder, tekniske forskrifter eller procedurer for overensstemmelsesvurdering, herunder tredjemands eller internationale organers, hvor der er en fælles interesse i at gøre dette
f)
skal foretage en fornyet undersøgelse af dette kapitel på baggrund af udviklingen i WTO's udvalg vedrørende tekniske handelshindringer eller i henhold til TBT-aftalen og om nødvendigt udarbejde henstillinger om ændring af dette kapitel til behandling i Det Blandede CETA-Udvalg
g)
skal træffe andre foranstaltninger, som parterne skønner vil bistå dem med at gennemføre dette kapitel og TBT-aftalen samt med at fremme handelen mellem parterne, og
h)
skal rapportere til Det Blandede CETA-Udvalg om gennemførelsen af dette kapitel, hvis det er relevant.
2.   Er parterne ikke i stand til at løse et spørgsmål, der er omfattet af dette kapitel, i Udvalget for Varehandel efter anmodning fra en part, kan det Blandede CETA-Udvalg nedsætte en teknisk ad hoc-arbejdsgruppe til at finde handelsfremmende løsninger. Er en part ikke enig i en anmodning fra den anden part om at etablere en teknisk arbejdsgruppe, skal den på anmodning begrunde sin beslutning. Parterne skal i fællesskab lede den tekniske arbejdsgruppe.
3.   Har en part anmodet om oplysninger, skal den anden part i henhold til bestemmelserne i dette kapitel fremlægge oplysningerne på papir eller i elektronisk format inden for et rimeligt tidsrum. Parten skal bestræbe sig på at reagere på enhver anmodning om oplysninger senest inden 60 dage.
KAPITEL FEM
Sundheds- og plantesundhedsforanstaltninger
Artikel 5.1
Definitioner
1.   Med henblik på dette kapitel anvendes følgende definitioner:
a)
definitionerne i bilag A til SPS-aftalen
b)
de definitioner, der er vedtaget inden for rammerne af Codex Alimentarius-Kommissionen (»Codex«)
c)
de definitioner, der er vedtaget inden for rammerne af Verdensorganisationen for Dyresundhed (»OIE«)
d)
de definitioner, der er vedtaget inden for rammerne af 
den internationale plantebeskyttelseskonvention
 (»IPPC«)
e)
beskyttet zone i forbindelse med en bestemt reguleret skadegører: et formelt afgrænset geografisk område i Unionen, hvor den pågældende skadegører ikke er etableret på trods af gunstige betingelser for dens etablering og dens tilstedeværelse i andre dele af Den Europæiske Union, og
f)
en kompetent myndighed i en part: en myndighed, der er opført i bilag 5-A.
2.   I forlængelse af stk. 1 går definitionerne i SPS-aftalen forud, i det omfang der er uoverensstemmelse mellem de definitioner, der er vedtaget inden for rammerne af Codex, OIE eller IPPC, og definitionerne i henhold til SPS-aftalen.
Artikel 5.2
Formål
Formålene med dette kapitel er:
a)
at beskytte menneskers, dyrs og planters liv og sundhed og samtidig fremme handelen
b)
at sikre, at parternes sundheds- og plantesundhedsforanstaltninger (»SPS«) ikke skaber uberettigede handelshindringer, og
c)
at fremme gennemførelsen af SPS-aftalen.
Artikel 5.3
Anvendelsesområde
Dette kapitel finder anvendelse på alle SPS-foranstaltninger, der direkte eller indirekte kan påvirke handelen mellem parterne.
Artikel 5.4
Rettigheder og forpligtelser
Parterne bekræfter deres rettigheder og forpligtelser i henhold til SPS-aftalen.
Artikel 5.5
Tilpasning til regionale forhold
1.   For så vidt angår dyr, animalske produkter og animalske biprodukter:
a)
anerkender parterne begrebet zoneinddeling, og de har besluttet at anvende dette begreb for de sygdomme, der er opført i bilag 5-B
b)
fastsætter parterne principper og retningslinjer med henblik på at anerkende regionale betingelser, skal de anføre disse i bilag 5-C
c)
ved anvendelse af litra a) skal den importerende part basere sin sundhedsforanstaltning, der gælder for den eksporterende part, hvis territorium er berørt af en sygdom, der er opført i bilag 5-B, på den beslutning om zoneinddeling, der er truffet af den eksporterende part, forudsat at den importerende part finder det godtgjort, at den eksporterende parts beslutning om zoneinddeling er i overensstemmelse med de principper og retningslinjer, som parterne har fastsat i bilag 5-C, og er baseret på relevante internationale standarder, retningslinjer og anbefalinger. Den importerende part kan anvende enhver supplerende foranstaltning med henblik på at opnå det sundhedsbeskyttelsesniveau, som den finder passende
d)
mener en af parterne at have en særlig status med hensyn til en sygdom, der ikke er opført i bilag 5-B, kan den anmode om anerkendelse af denne status. Den importerende part kan kræve yderligere garantier i forbindelse med import af levende dyr, animalske produkter og animalske biprodukter, alt efter den aftalte status, der anerkendes af den importerende part, herunder de særlige betingelser, der er fastlagt i bilag 5-E, og
e)
parterne anerkender begrebet segmentering og er enige om at samarbejde på dette område.
2.   For så vidt angår planter og planteprodukter:
a)
når den importerende part indfører eller opretholder sine plantesundhedsforanstaltninger, skal den tage hensyn til bl.a. status for skadegørere i et område, som f.eks. et skadegørerfrit område, skadegørerfrit produktionssted, skadegørerfrit produktionsfacilitet, et område med lav forekomst af skadegørere og en beskyttet zone, som den eksporterende part har udarbejdet, og
b)
fastsætter parterne principper og retningslinjer med henblik på at anerkende regionale betingelser, skal de anføre disse i bilag 5-C.
Artikel 5.6
Ækvivalens
1.   Den importerende part skal anerkende den eksporterende parts SPS-foranstaltning som ækvivalent med sin egen, hvis den eksporterende part over for den eksporterende part objektivt godtgør, at dens foranstaltning medfører det SPS-beskyttelsesniveau, som den importerende part finder passende.
2.   Bilag 5-D indeholder principper og retningslinjer for at fastsætte, anerkende og opretholde ækvivalens.
3.   I bilag 5-E fastsættes:
a)
det område, for hvilket den importerende part anerkender, at den eksporterende parts SPS-foranstaltning er ækvivalent med sin egen, og
b)
det område, for hvilket den importerende part anerkender, at opfyldelsen af den specificerede særlige betingelse kombineret med den eksporterende parts SPS-foranstaltning medfører det SPS-beskyttelsesniveau, som den importerende part finder passende.
4.   Med henblik på dette kapitel finder artikel 1.7 (henvisning til lovgivning) anvendelse med forbehold af nærværende artikel, bilag 5-D og de generelle bemærkninger i bilag 5-E.
Artikel 5.7
Samhandelsbetingelser
1.   Den importerende part skal stille sine generelle SPS-importkrav for alle råvarer til rådighed. Identificerer parterne i fællesskab en råvare som en prioritet, skal den importerende part etablere specifikke SPS-importkrav for denne råvare, medmindre parterne bestemmer andet. Parterne skal ved identificeringen af prioriterede råvarer samarbejde for at sikre effektiv forvaltning af deres tilgængelige ressourcer. De specifikke importkrav bør finde anvendelse på hele den eksporterende parts territorium.
2.   Den importerende part skal i medfør af stk. 1 hurtigst muligt iværksætte den nødvendige procedure for at etablere specifikke SPS-importkrav for den råvare, der er identificeret som en prioritet. Når disse specifikke importkrav er blevet fastsat, skal den importerende part hurtigst muligt træffe de foranstaltninger, der er nødvendige for at give mulighed for handel på grundlag af disse importkrav.
3.   Med henblik på fastsættelsen af specifikke SPS-importkrav skal den eksporterende part efter anmodning fra den importerende part:
a)
give alle relevante oplysninger, som den importerende part anmoder om, og
b)
give den importerende part rimelig adgang til at gennemføre inspektion, prøvning, revision eller andre relevante procedurer.
4.   Opretholder den importerende part en liste over autoriserede virksomheder eller anlæg til import af en råvare, skal den godkende en virksomhed eller et anlæg beliggende på den eksporterende parts territorium uden forudgående inspektion af denne virksomhed eller dette anlæg, såfremt:
a)
den eksporterende part har anmodet om en sådan godkendelse af virksomheden eller anlægget, ledsaget af de relevante garantier, og
b)
de i bilag 5-F fastsatte betingelser og procedurer er opfyldt.
5.   Ud over stk. 4 skal den importerende part gøre sine lister over autoriserede virksomheder eller anlæg offentligt tilgængelige.
6.   En part skal normalt acceptere et parti af en reguleret råvare uden forudgående kontrol af råvaren for hvert parti, medmindre parterne beslutter andet.
7.   Den importerende part kan kræve, at den eksporterende parts relevante kompetente myndighed objektivt og på en måde, som den importerende part finder tilfredsstillende, påviser, at importkravene kan opfyldes eller er opfyldt.
8.   Parterne bør følge proceduren i bilag 5-G om de specifikke importkrav for plantesundhed.
Artikel 5.8
Revision og kontrol
1.   For at bevare tilliden til gennemførelsen af dette kapitel kan en part foretage revision eller kontrol, eller begge, af hele eller en del af den anden parts kompetente myndigheds kontrolprogram. Parten skal afholde sine egne omkostninger i forbindelse med revisionen eller kontrollen.
2.   Fastsætter parterne principper og retningslinjer for at foretage revision eller kontrol, skal de anføre disse i bilag 5-H. Foretager en part revision eller kontrol, skal dette ske i overensstemmelse med de relevante principper og retningslinjer i bilag 5-H.
Artikel 5.9
Eksportcertificering
1.   Kræves der et officielt sundhedscertifikat ved import af et parti levende dyr eller animalske produkter, og har den importerende part accepteret den eksporterende parts SPS-foranstaltning som ækvivalent med sin egen for så vidt angår sådanne dyr eller animalske produkter, skal parterne anvende den standardformular for sundhedsattest, der er fastsat i bilag 5-I for sådanne certifikater, medmindre parterne beslutter andet. Parterne kan ligeledes anvende en standardformular for andre produkter, hvis de beslutter dette.
2.   I bilag 5-I fastsættes principperne og retningslinjerne for eksportcertifikater, herunder elektroniske certifikater, tilbagetrækning eller erstatning af certifikater, sprogordning og standardformularer for attester.
Artikel 5.10
Importkontrol og gebyrer
1.   I bilag 5-J fastsættes principperne og retningslinjerne for importkontrol og gebyrer, herunder hyppigheden af importkontrol.
2.   Konstateres der ved importkontrol manglende overholdelse af de relevante importkrav, skal de foranstaltninger, der træffes af den importerende part, være baseret på en vurdering af de pågældende risici og ikke være mere handelsrestriktive, end det er nødvendigt for, at parten kan opnå et passende sundheds- og plantesundhedsbeskyttelsesniveau.
3.   Den importerende part skal så vidt muligt informere importøren af et ikke-overensstemmende parti, eller dennes repræsentant, om årsagerne til denne manglende overholdelse, og give dem mulighed for at få efterprøvet denne beslutning. Den importerende part skal tage alle relevante oplysninger, der fremlægges til efterprøvelse af beslutningen, i betragtning.
4.   En part kan opkræve gebyr for omkostningerne ved grænsekontrol, der skal være baseret på princippet om omkostningsdækning.
Artikel 5.11
Underretning og udveksling af oplysninger
1.   En part skal hurtigst muligt underrette den anden part om:
a)
væsentlige ændringer i status for skadegørere og sygdomsstatus, såsom forekomsten og udviklingen af en sygdom, som er opført i bilag 5-B
b)
konstateringer af epidemiologisk betydning i forbindelse med dyresygdomme, der ikke er opført i bilag 5-B, eller som er en ny sygdom, og
c)
væsentlige fødevaresikkerhedsspørgsmål vedrørende produkter, der handles mellem parterne.
2.   Parterne bestræber sig på at udveksle oplysninger om andre relevante spørgsmål, herunder:
a)
ændringer af en parts SPS-foranstaltning
b)
alle væsentlige ændringer i strukturen eller organisationen af en parts kompetente myndighed
c)
efter anmodning resultaterne af en parts officielle kontrol og en rapport om resultaterne af den kontrol, der er foretaget
d)
resultaterne af en importkontrol i henhold til artikel 5.10 i tilfælde af et afvist eller ikke-overensstemmende parti, og
e)
efter anmodning en risikoanalyse eller en videnskabelig udtalelse, som en part har udarbejdet, og som vedrører dette kapitel.
3.   Er de i stk. 1 eller 2 anførte oplysninger blevet gjort tilgængelige ved notifikation til WTO's centralregister for notifikationer eller til det relevante internationale standardiseringsorgan i overensstemmelse med dets relevante regler, er kravene i stk. 1 og 2 opfyldt for så vidt angår disse oplysninger, medmindre Det Blandede CETA-Udvalg beslutter andet.
Artikel 5.12
Tekniske konsultationer
Har en part et væsentligt problem med hensyn til fødevaresikkerhed, plantesundhed eller dyresundhed eller en SPS-foranstaltning, som den anden part har foreslået eller gennemført, kan parten anmode om tekniske konsultationer med den anden part. Den part, der modtager anmodningen, bør besvare denne hurtigst muligt. Hver af parterne skal bestræbe sig på at give de nødvendige oplysninger med henblik på at undgå en afbrydelse af handelen og i givet fald nå frem til en gensidigt acceptabel løsning.
Artikel 5.13
SPS-hasteforanstaltninger
1.   En part skal underrette den anden part om en SPS-hasteforanstaltning senest 24 timer efter, at den har besluttet at gennemføre foranstaltningen. Anmoder en part om tekniske konsultationer vedrørende en SPS-hasteforanstaltning, skal de tekniske konsultationer afholdes senest 10 dage efter underretningen om SPS-hasteforanstaltningen. Parterne skal tage alle oplysninger, der fremlægges i forbindelse med de tekniske konsultationer, i betragtning.
2.   Den importerende part skal tage de oplysninger, der rettidigt fremlægges af den eksporterende part, i betragtning, når den træffer afgørelse vedrørende et parti, som på tidspunktet for vedtagelsen af SPS-hasteforanstaltningen transporteres mellem parterne.
Artikel 5.14
Det Blandede Forvaltningsudvalg for Sundheds- og Plantesundhedsforanstaltninger
1.   Det Blandede Forvaltningsudvalg for Sundheds- og Plantesundhedsforanstaltninger (»Det Blandede Forvaltningsudvalg«), som er nedsat i medfør af artikel 26.2.1, litra d), består af lovgivnings- og handelsrepræsentanter for hver af parterne med ansvar for SPS-foranstaltninger.
2.   Det Blandede Forvaltningsudvalg har til opgave:
a)
at overvåge dette kapitels gennemførelse, behandle ethvert spørgsmål vedrørende dette kapitel og undersøge alle spørgsmål, der måtte opstå i forbindelse med dets gennemførelse
b)
at udstikke retningslinjer for identifikation, prioritering, forvaltning og løsning af problemer
c)
at behandle enhver anmodning fra en part om ændring af en importkontrol
d)
mindst én gang om året at gennemgå bilagene til dette kapitel, herunder i lyset af udviklingen i forbindelse med konsultationerne i henhold til denne aftale. Det Blandede Forvaltningsudvalg kan på grundlag af sin gennemgang beslutte at ændre bilagene til dette kapitel. Parterne kan i overensstemmelse med deres respektive procedurer, der er nødvendige for ændringens ikrafttræden, godkende Det Blandede Forvaltningsudvalgs beslutning. Beslutningen træder i kraft på en dato, der aftales af parterne
e)
at overvåge gennemførelsen af en beslutning som omhandlet i litra d) ovenfor og virkningen af foranstaltninger som omhandlet i litra d) ovenfor
f)
at etablere et fælles forum med henblik på udveksling af oplysninger vedrørende hver parts reguleringssystem, herunder det videnskabelige grundlag og risikovurderingen, der ligger til grund for en SPS-foranstaltning, og
g)
at udarbejde og ajourføre et dokument, der gør status over drøftelserne mellem parterne om deres arbejde med anerkendelse af specifikke SPS-foranstaltningers ækvivalens.
3.   Det Blandede Forvaltningsudvalg kan bl.a.:
a)
identificere muligheder for et større bilateralt engagement, herunder styrkede forbindelser, som kan omfatte udveksling af embedsmænd
b)
på et tidligt stadium drøfte en ændring af eller en foreslået ændring af en SPS-foranstaltning, der er under overvejelse
c)
fremme en bedre forståelse mellem parterne om SPS-aftalens gennemførelse og fremme samarbejdet mellem parterne om SPS-spørgsmål, der drøftes i multilaterale fora, herunder efter omstændighederne WTO-udvalget vedrørende sundheds- og plantesundhedsforanstaltninger og internationale standardiseringsorganer, eller
d)
på et tidligt stadium identificere og drøfte initiativer, som indeholder et SPS-element, og for hvilke det ville være formålstjenligt at samarbejde.
4.   Det Blandede Forvaltningsudvalg kan nedsætte arbejdsgrupper, der omfatter parternes repræsentanter på ekspertniveau, for at behandle specifikke SPS-spørgsmål.
5.   En part kan henvise ethvert SPS-spørgsmål til Det Blandede Forvaltningsudvalg. Det Blandede Forvaltningsudvalg bør behandle spørgsmålet så hurtigt som muligt.
6.   Er Det Blandede Forvaltningsudvalg ikke i stand til hurtigt at løse et problem, skal det efter anmodning fra en part straks henvise sagen til Det Blandede CETA-Udvalg.
7.   Medmindre parterne beslutter andet, skal Det Blandede Forvaltningsudvalg mødes og fastsætte sit arbejdsprogram senest 180 dage efter denne aftales ikrafttræden og sin forretningsorden senest et år efter denne aftales ikrafttræden.
8.   Det Blandede Forvaltningsudvalg skal efter sit indledende møde træde sammen efter behov, normalt på årlig basis. Det Blandede Forvaltningsudvalg kan beslutte at mødes pr. videokonference eller telekonference, og det kan også uden for møderne behandle spørgsmål pr. korrespondance.
9.   Det Blandede Forvaltningsudvalg skal afgive årlig rapport om sine aktiviteter og arbejdsprogram til Det Blandede CETA-Udvalg.
10.   Hver af parterne skal ved denne aftales ikrafttræden udpege og skriftligt oplyse den anden part om et kontaktpunkt til koordination af Det Blandede Forvaltningsudvalgs dagsorden og til at befordre kommunikationen om SPS-spørgsmål.
KAPITEL SEKS
Told og handelslettelser
Artikel 6.1
Formål og principper
1.   Parterne anerkender vigtigheden af spørgsmål vedrørende told og handelslettelser i forbindelse med de skiftende globale handelsvilkår.
2.   Parterne skal så vidt muligt samarbejde og udveksle oplysninger, herunder oplysninger om bedste praksis, for at fremme anvendelsen og overholdelsen af handelslettelsesforanstaltningerne i denne aftale.
3.   Handelslettelsesforanstaltninger udelukker ikke mekanismer til beskyttelse af personer gennem en effektiv håndhævelse og overholdelse af en parts lovgivning.
4.   Krav og procedurer i forbindelse med import, eksport og transit må ikke være mere administrativt byrdefylde eller handelsbegrænsende end nødvendigt for at opfylde legitime formål.
5.   De allerede gældende internationale instrumenter og standarder på handels- og toldområdet skal lægges til grund for krav og procedurer i forbindelse med import, eksport og transit, undtagen når disse instrumenter og standarder ville være et uegnet eller ineffektivt middel til at opfylde de forfulgte legitime formål.
Artikel 6.2
Gennemsigtighed
1.   Hver af parterne skal offentliggøre eller på anden vis gøre sin lovgivning, forskrifter, retsafgørelser og administrative politikker tilgængelige, herunder ved hjælp af elektroniske midler, når de vedrører krav i forbindelse med import eller eksport af varer.
2.   Hver af parterne skal bestræbe sig på at offentliggøre, herunder på internettet, foreslåede forskrifter og administrative politikker vedrørende toldspørgsmål og give interesserede personer mulighed for at fremsætte bemærkninger forud for deres vedtagelse.
3.   Hver af parterne skal udpege eller opretholde et eller flere kontaktpunkter med henblik på at behandle forespørgsler fra interesserede personer vedrørende toldspørgsmål og gøre oplysninger om procedurerne for indgivelse af sådanne forespørgsler tilgængelige på internettet.
Artikel 6.3
Frigivelse af varer
1.   Hver af parterne skal indføre eller opretholde forenklede toldprocedurer for en effektiv frigivelse af varer med henblik på at fremme handelen mellem parterne og reducere omkostningerne for importører og eksportører.
2.   Hver parterne skal sikre, at disse forenklede procedurer:
a)
giver mulighed for frigivelse af varer inden for et tidsrum, som ikke overstiger det, der kræves for at sikre overholdelse af deres lovgivning
b)
giver mulighed for, at varer og så vidt muligt kontrollerede eller regulerede varer kan frigives ved det første ankomststed
c)
tilstræber at give mulighed for en hurtig frigivelse af varer, når der er behov for hastetoldbehandling
d)
giver en importør eller dennes repræsentant mulighed for at fjerne varer fra toldmyndighedernes kontrol før den endelige fastsættelse og betaling af told, skatter og gebyrer. En part kan, inden varerne frigives, kræve, at en importør stiller en tilstrækkelig garanti i form af en kaution, et depositum eller et andet egnet instrument, og
e)
i overensstemmelse med deres lovgivning fastsætter forenklede dokumentationskrav for indførsel af lavværdivarer som fastsat af hver af parterne.
3.   Hver af parterne kan i sine forenklede procedurer kræve fremlæggelse af mere omfattende oplysninger ved revision og kontrol efter indpassage, hvis det er relevant.
4.   Hver af parterne skal give mulighed for hurtig frigivelse af varer og skal i det omfang, det er muligt og relevant:
a)
give mulighed for forudgående elektronisk indsendelse og behandling af oplysninger, inden varernes fysiske ankomst, således at de kan frigives ved ankomsten, hvis ikke der er påvist nogen risiko, eller der ikke skal udføres stikprøvekontrol, og
b)
give mulighed for toldbehandling af visse varer med et minimum af dokumentation.
5.   Hver af parterne skal i det omfang, det er muligt, sikre, at deres myndigheder og organer, der er involveret i grænse- og anden import- og eksportkontrol, samarbejder og koordinerer deres arbejde for at fremme samhandelen ved blandt andet at samordne import- og eksportdata samt dokumentationskrav og oprette et fælles sted for engangskontrol af dokumenter og fysisk engangskontrol af partier.
6.   Hver af parterne skal i det omfang, det er muligt, sikre, at deres krav ved import og eksport af varer er koordinerede med henblik på at fremme samhandelen, uanset om disse krav administreres af et organ eller af toldmyndigheden på vegne af dette organ.
Artikel 6.4
Toldværdiansættelse
1.   Aftalen om toldværdiansættelse regulerer toldværdiansættelse i forbindelse med parternes indbyrdes samhandel.
2.   Parterne skal samarbejde med henblik på at nå frem til en fælles tilgang til spørgsmål vedrørende toldværdiansættelse.
Artikel 6.5
Tarifering af varer
Tariferingen af de varer, der handles mellem parterne i henhold til nærværende aftale, er fastsat i parternes respektive toldnomenklaturer i overensstemmelse med det harmoniserede system.
Artikel 6.6
Gebyrer og afgifter
Hver af parterne skal offentliggøre eller på anden måde stille oplysninger til rådighed om gebyrer og afgifter, der pålægges af deres toldmyndigheder, herunder ad elektronisk vej. Disse oplysninger omfatter de gældende gebyrer og afgifter, den konkrete begrundelse for gebyret eller afgiften, den ansvarlige myndighed, samt hvornår og hvordan betalingen skal foregå. En part må ikke indføre nye eller ændrede gebyrer og afgifter, før den har offentliggjort eller på anden måde stillet oplysningerne herom til rådighed.
Artikel 6.7
Risikostyring
1.   Hver af parterne baserer deres undersøgelses- og frigivelsesprocedurer samt deres procedurer for verifikation efter indpassage på risikovurderingsprincipper frem for at kræve, at hvert parti, der ønskes importeret, skal kontrolleres tilbundsgående for at efterprøve, om de overholder de gældende importkrav.
2.   Hver af parterne skal vedtage og anvende deres krav og procedurer ved import, eksport og transit af varer på grundlag af risikostyringsprincipper og målrette deres kontrolforanstaltninger til de transaktioner, der kræver størst opmærksomhed.
3.   Stk. 1 og 2 er ikke til hinder for, at en part foretager kvalitetskontrol og efterlevelseskontrol, som kan kræve mere omfattende undersøgelser.
Artikel 6.8
Automatisering
1.   Hver af parterne skal anvende informationsteknologi, der fremskynder procedurerne for frigivelse af varer, med henblik på af fremme handelen, herunder handelen mellem parterne.
2.   Hver af parterne skal:
a)
bestræbe sig på elektronisk at stille de toldformularer, der kræves for import eller eksport af varer, til rådighed
b)
gøre det muligt at indgive disse formularer elektronisk i overensstemmelse med deres lovgivning, og
c)
om muligt give mulighed for elektronisk udveksling af oplysninger med erhvervslivet gennem deres toldmyndigheder.
3.   Hver af parterne skal bestræbe sig på:
a)
at udvikle eller opretholde fuldt ud sammenkoblede one-stop-shops for at befordre en samlet elektronisk indgivelse af alle de oplysninger, der i henhold til toldlovgivningen og anden lovgivning end toldlovgivning skal afgives i forbindelse med grænseoverskridende varebevægelser, og
b)
at udvikle et sæt dataelementer og processer i overensstemmelse med Verdenstoldorganisationens (»WCO's«) Data Model og hertil knyttede anbefalinger og retningslinjer.
4.   Parterne skal bestræbe sig på at samarbejde om udviklingen af interoperable elektroniske systemer, herunder under hensyntagen til arbejdet i WCO, for at fremme handelen mellem parterne.
Artikel 6.9
Forhåndsafgørelser
1.   Hver af parterne skal på skriftlig anmodning herom udstede forhåndsafgørelser om tarifering i overensstemmelse med deres lovgivning.
2.   Med forbehold af eventuelle fortrolighedskrav skal hver af parterne offentliggøre, f.eks. på internettet, oplysninger om forhåndsafgørelser om tarifering, der er relevante for at forstå og anvende tariferingsregler.
3.   For at fremme samhandelen skal parterne som led i deres bilaterale dialog regelmæssigt oplyse, hvilke ændringer der er sket i deres respektive lovgivning og gennemførelsesforanstaltninger vedrørende de i stk. 1 og 2 omhandlede forhold.
Artikel 6.10
Prøvelse og appel
1.   Hver af parterne skal sikre, at en administrativ handling eller myndighedsafgørelse truffet i forbindelse med import af varer straks kan efterprøves ved retslige, voldgiftsretslige eller administrative instanser eller gennem administrative procedurer.
2.   Den pågældende retsinstans eller den embedsmand, der handler i henhold til disse administrative procedurer, skal være uafhængig af den embedsmand eller den myndighed, der har truffet afgørelsen, og skal have beføjelse til at opretholde, ændre eller ophæve bestemmelsen i overensstemmelse med partens lovgivning.
3.   Hver af parterne skal sikre, at der er adgang til klage eller prøvelse på et administrativt niveau, som er uafhængigt af den embedsmand eller den myndighed, der er ansvarlig for den oprindelige handling eller afgørelse, før der stilles krav om, at personen indgiver klage på et mere formelt eller retligt plan.
4.   Hver af parterne skal i det væsentlige give samme klage- og prøvelsesadgang vedrørende forhåndsafgørelser truffet af deres toldmyndigheder, som de giver importører på deres territorium, til en person, der har modtaget en forhåndsafgørelse i henhold til artikel 6.9.
Artikel 6.11
Bøder
Hver af parterne skal sikre, at der i deres toldlovgivning fastsættes bestemmelser om, at bøder for overtrædelse skal være forholdsmæssige og ikke-diskriminerende, og at anvendelsen heraf ikke medfører unødvendige forsinkelser.
Artikel 6.12
Fortrolig behandling af oplysninger
1.   Hver af parterne skal i overensstemmelse med deres lovgivning behandle alle oplysninger, som indhentes i henhold til dette kapitel, og som i sagens natur er fortrolige eller er stillet til rådighed på et fortroligt grundlag, som strengt fortrolige, og skal beskytte oplysningerne mod enhver videregivelse, der kan skade den konkurrencemæssige stilling for den person, der har meddelt oplysningerne.
2.   Skal den part, der modtager eller indhenter de i stk. 1 omhandlede oplysninger, i henhold til sin lovgivning videregive oplysningerne, skal denne part straks underrette den part eller person, der har meddelt oplysningerne.
3.   Hver af parterne skal sikre, at fortrolige oplysninger, der indsamles i henhold til dette kapitel, ikke anvendes til andre formål end administrationen og håndhævelsen af toldspørgsmål, undtagen med tilladelse fra den part eller person, der har meddelt oplysningerne.
4.   En part kan tillade, at oplysninger, der indsamles i henhold til dette kapitel, anvendes i forbindelse med administrative, retslige eller domstolslignende procedurer, der iværksættes for overtrædelse af de toldbestemmelser, der gennemfører dette kapitel. En part skal forud for en sådan anvendelse underrette den part eller person, der har meddelt oplysningerne.
Artikel 6.13
Samarbejde
1.   Parterne skal fortsat samarbejde i internationale fora, såsom WCO, med henblik på at nå fælles mål, herunder de mål, der er fastsat i WCO's rammestandarder for at sikre og fremme den globale samhandel.
2.   Parterne skal regelmæssigt gennemgå de relevante internationale initiativer vedrørende handelslettelser, herunder samlingen af handelslettelseshenstillinger udarbejdet af De Forenede Nationers Konference om Handel og Udvikling og De Forenede Nationers Økonomiske Kommission for Europa, for at afdække områder, hvor yderligere fælles tiltag kunne befordre handelen mellem parterne og fremme fælles multilaterale mål.
3.   Parterne skal samarbejde i overensstemmelse med 
aftalen mellem Canada og Det Europæiske Fællesskab om toldsamarbejde og gensidig bistand i toldspørgsmål
, indgået den 4. december 1997 i Ottawa (»Canada-EU toldsamarbejdsaftalen«).
4.   Parterne skal yde hinanden gensidig bistand i toldspørgsmål i overensstemmelse med Canada-EU toldsamarbejdsaftalen, herunder spørgsmål vedrørende en formodet overtrædelse af en parts toldlovgivning som defineret i denne aftale og spørgsmål vedrørende nærværende aftales gennemførelse.
Artikel 6.14
Det Blandede Toldsamarbejdsudvalg
1.   Det Blandede Toldsamarbejdsudvalg, som er givet bemyndigelse til at handle under Det Blandede CETA-Udvalg som et specialudvalg i henhold til artikel 26.2.1, litra c), (specialudvalg), skal sikre en tilfredsstillende gennemførelse af dette kapitel, protokollen om oprindelsesregler og oprindelsesprocedurer samt artikel 20.43 (grænseforanstaltningernes omfang) og artikel 2.8 (midlertidig suspension af præferencetoldbehandling). Det Blandede Toldsamarbejdsudvalg skal undersøge spørgsmål vedrørende deres anvendelse i overensstemmelse med målene i denne aftale.
2.   I spørgsmål, der er omfattet af denne aftale, skal Det Blandede Toldsamarbejdsudvalg bestå af repræsentanter for myndigheder inden for toldanliggender og handelsanliggender samt andre kompetente myndigheder, som hver af parterne finder hensigtsmæssige.
3.   Hver af parterne skal sikre, at deres repræsentanter i Det Blandede Toldsamarbejdsudvalgs møder besidder en ekspertise, som svarer til den pågældende dagsorden. Det Blandede Toldsamarbejdsudvalg kan møde med en specifik ekspertisesammensætning for at behandle spørgsmål om oprindelsesregler eller oprindelsesprocedurer enten som Det Blandede Toldsamarbejdsudvalg vedrørende Oprindelsesregler eller som Det Blandede Toldsamarbejdsudvalg vedrørende Oprindelsesprocedurer.
4.   Det Blandede Toldsamarbejdsudvalg kan udforme resolutioner, henstillinger eller udtalelser og forelægge udkast til afgørelser til Det Blandede CETA-Udvalg, som det finder nødvendigt for at nå de fælles mål og at anvende de mekanismer, der er fastlagt i dette kapitel, protokollen om oprindelsesregler og oprindelsesprocedurer samt artikel 20.43 (grænseforanstaltningernes omfang) og artikel 2.8 (midlertidig suspension af præferencetoldbehandling), på en tilfredsstillende måde.
KAPITEL SYV
Subsidier
Artikel 7.1
Definition af subsidier
1.   Med henblik på denne aftale forstås ved 
subsidier
 en foranstaltning vedrørende handel med varer, der opfylder betingelserne i artikel 1.1 i SCM-aftalen.
2.   Subsidier er kun omfattet af dette kapitel, hvis de er specifikke i den i artikel 2 i SCM-aftalen anvendte betydning.
Artikel 7.2
Gennemsigtighed
1.   Hver af parterne skal hvert andet år underrette den anden part om følgende for så vidt angår de subsidier, som ydes eller opretholdes inden for deres territorium:
a)
subsidiernes retsgrundlag
b)
subsidiernes form, og
c)
subsidiernes størrelse eller det beløb, der er budgetteret for subsidierne.
2.   Meddelelser til WTO i henhold til artikel 25.1. i SCM-aftalen anses for at opfylde forskrifterne i stk. 1.
3.   En part skal på anmodning fra den anden part straks afgive oplysninger og besvare spørgsmål vedrørende særlige tilfælde af statsstøtte i forbindelse med handel med tjenesteydelser, der leveres på dens territorium.
Artikel 7.3
Konsultationer om subsidier og statsstøtte i andre sektorer end landbrug og fiskeri
1.   Finder en part, at subsidier eller en særlig form for statsstøtte i forbindelse med handel med tjenesteydelser ydet af den anden part, har en negativ indvirkning på eller kan skade dennes interesser, kan den give udtryk for sin bekymring til den anden part og anmode om konsultationer om spørgsmålet. Den besvarende part skal behandle en sådan anmodning fyldestgørende og velvilligt.
2.   En part kan under konsultationerne søge yderligere oplysninger om subsidier eller en særlig form for statsstøtte i forbindelse med handel med tjenesteydelser ydet af den anden part, herunder dens politikmål og størrelse samt alle foranstaltninger, der træffes for at begrænse de potentielle handelsforvridende virkninger.
3.   Den besvarende part skal på grundlag af konsultationerne bestræbe sig på at fjerne eller mindske eventuelle skadelige virkninger, som subsidierne eller den særlige form for statsstøtte i forbindelse med handelen med tjenesteydelser måtte have på den spørgende parts interesser.
4.   Nærværende artikel gælder ikke for subsidier i forbindelse med landbrugsvarer og fiskevarer og berører ikke artikel 7.4 og 7.5.
Artikel 7.4
Konsultationer om subsidier vedrørende landbrugsvarer og fiskevarer
1.   Parterne har som fælles mål at arbejde sammen for at nå frem til en aftale:
a)
for yderligere at styrke multilaterale discipliner og regler for handelen med landbrugsvarer i WTO, og
b)
for at bidrage til at udvikle en global, multilateral løsning for subsidier til fiskevarer.
2.   Finder en part, at subsidier eller tildelingen af statsstøtte ydet af den anden part har en negativ indvirkning på eller kan skade dennes interesser for så vidt angår landbrugsvarer eller fiskevarer, kan den give udtryk for sin bekymring til den anden part og anmode om konsultationer om spørgsmålet.
3.   Den besvarende part skal behandle anmodningen fyldestgørende og velvilligt og bestræber sig så vidt muligt på at eliminere eller mindske de negative virkninger af subsidierne eller tildelingen af statsstøtte på den spørgende parts interesser for så vidt angår landbrugsvarer og fiskevarer.
Artikel 7.5
Landbrugseksportsubsidier
1.   Med henblik på denne artikel forstås ved:
a)
eksportsubsidier
: eksportsubsidier som defineret i artikel 1, litra e), i landbrugsaftalen, og
b)
fuldstændig toldafskaffelse
: — i tilfælde af toldkontingenter — afskaffelsen af enten toldsatsen inden for kontingentet eller toldsatsen over kontingentet.
2.   En part må ikke indføre eller opretholde eksportsubsidier for et landbrugsprodukt, der eksporteres eller indgår i et produkt, der er eksporteret til den anden parts territorium, efter at den anden part har fuldstændigt afskaffet tolden, øjeblikkeligt eller efter overgangsperioden, på den pågældende landbrugsvare i overensstemmelse med bilag 2-A (Afskaffelse af told) inklusive dets toldafviklingsplaner.
Artikel 7.6
Fortrolig behandling af oplysninger
Parterne er ved meddelelse af oplysninger i henhold til dette kapitel ikke forpligtede til at videregive fortrolige oplysninger.
Artikel 7.7
Udelukkelse af subsidier og statsstøtte or audiovisuelle tjenesteydelser og kulturelle industrier
Intet i denne aftale finder anvendelse på subsidier eller statsstøtte for så vidt angår audiovisuelle tjenesteydelser i Den Europæiske Union og kulturelle industrier i Canada.
Artikel 7.8
Forholdet til WTO-overenskomsten
Parterne bekræfter på ny deres rettigheder og forpligtelser i medfør af artikel VI i GATT 1994, SCM-aftalen og landbrugsaftalen.
Artikel 7.9
Bilæggelse af tvister
Artikel 7.3 og 7.4 i dette kapitel er ikke underlagt denne aftales tvistbilæggelsesbestemmelser.
KAPITEL OTTE
Investering
Afdeling A
Definitioner og anvendelsesområde
Artikel 8.1
Definitioner
I dette kapitel forstås ved:
aktiviteter, der udføres under udøvelse af regeringsmyndighed
: aktiviteter, som hverken udføres på et kommercielt grundlag eller i konkurrence med en eller flere økonomiske aktører
tjenesteydelser i forbindelse med reparation og vedligeholdelse af flyvemaskiner
: aktiviteter, der udføres på et luftfartøj eller en del heraf, når det er taget ud af drift, og som ikke omfatter såkaldt linjevedligeholdelse
lufthavnstjenesteydelser
: drift eller forvaltning, på honorar- eller kontraktbasis, af lufthavnsinfrastrukturer, herunder terminaler, start- og landingsbaner, rullebaner og forpladser, parkeringsområder og interne lufthavnstransportsystemer. Det præciseres, at lufthavnstjenesteydelser ikke omfatter ejerskab af eller investeringer i lufthavne eller lufthavnsarealer eller nogen af de funktioner, der varetages af en bestyrelse. Lufthavnstjenesteydelser omfatter ikke luftfartstjenesteydelser
arrest
: beslaglæggelse af ejendom tilhørende en part i tvisten til sikring eller til at sikre håndhævelse af en voldgiftskendelse
tjenesteydelser i forbindelse med edb-reservationssystemer
: levering af tjenesteydelser gennem datamatiserede systemer, som indeholder oplysninger om flyselskabers fartplaner, disponibilitet, priser og prisregler, og gennem hvilke der kan foretages reservationer eller udstedes billetter
fortrolige eller beskyttede oplysninger
:
a)
fortrolige forretningsoplysninger, eller
b)
oplysninger, som er beskyttet mod videregivelse til offentligheden
i)
i tilfælde af oplysninger om den indklagede i henhold til den indklagedes lovgivning
ii)
i tilfælde af andre oplysninger ved den lov eller de regler, som retten bestemmer skal finde anvendelse på videregivelse af sådanne oplysninger
omfattede investeringer
: — for så vidt angår en part — en investering:
a)
på dens territorium
b)
foretaget i overensstemmelse med den gældende lovgivning på det tidspunkt, hvor investeringen foretages
c)
der direkte eller indirekte ejes eller kontrolleres af en investor fra den anden part, og
d)
som allerede gjaldt på datoen for denne aftales ikrafttræden eller som er foretaget eller erhvervet derefter
part i tvisten
: den investor, der indleder procedurer i henhold til afdeling F, eller den indklagede. I forbindelse med afdeling F, og uden at det berører artikel 8.14, omfatter en investor ikke en part
parter i tvisten
: både investor og den indklagede
pålæg
: en kendelse, der forbyder eller begrænser en handling
virksomhed
: en virksomhed som defineret i artikel 1.1 (alment gældende definitioner) og en virksomheds filial eller repræsentationskontor
groundhandlingstjenesteydelser
: levering af en tjenesteydelse på honorar- eller kontraktbasis for: groundadministration og -overvågning, herunder lastkontrol og kommunikation, passagererbetjening, bagagehåndtering, håndtering af gods og post, forpladshandling og servicering af fly, brændstof- og oliehåndtering, luftfartøjslinjevedligeholdelse, flyveteknisk bistand og administration af flybesætninger, overfladetransport eller cateringtjenesteydelser. Groundhandlingstjenesteydelser omfatter ikke vagttjenesteydelser eller drift eller forvaltning af centraliserede lufthavnsinfrastrukturer, såsom bagagehåndteringssystemer, afisningsfaciliteter, brændstofsfordelingssystemer eller interne lufthavnstransportsystemer
ICSID
: det Internationale Center til Bilæggelse af Investeringstvister
reglerne for ICSID's supplerende ordning
: 
reglerne for den supplerende ordning for administration af procedurer foretaget af sekretariatet for Det Internationale Center til Bilæggelse af Investeringstvister
ICSID-konventionen
: 
konventionen om bilæggelse af investeringstvister mellem stater og andre landes statsborgere
, indgået den 18. marts 1965 i Washington
intellektuelle ejendomsrettigheder
: ophavsrettigheder og beslægtede rettigheder, varemærkerettigheder, rettigheder til geografiske betegnelser, rettigheder til industrielt design, patentrettigheder, rettigheder til integrerede kredsløbs topografier, rettigheder for så vidt angår beskyttelse af ikke-frigivne oplysninger og planteavleres rettigheder samt, hvis en parts lovgivning hjemler sådanne rettigheder, brugsmodelrettigheder. Det Blandede CETA-Udvalg kan ved en afgørelse tilføje andre kategorier af intellektuel ejendomsret til denne definition
investering
: alle typer aktiver, som en investor ejer eller kontrollerer, direkte eller indirekte, og som har de typiske karakteristika for en investering, herunder en vis varighed og andre kendetegn såsom placering af kapital eller andre ressourcer, forventning om indtjening eller fortjeneste eller påtagelse af risiko. En investering kan f.eks. have form af:
a)
en virksomhed
b)
aktier, anparter og andre former for erhvervelse af kapitalinteresser i en virksomhed
c)
obligationer, usikrede værdipapirer og andre gældsinstrumenter udstedt af en virksomhed
d)
lån til en virksomhed
e)
enhver anden form for kapitalinteresser i en virksomhed
f)
en interesse hidrørende fra:
i)
en koncession tildelt i henhold til en parts lovgivning eller i henhold til en kontrakt, herunder med henblik på at udforske, dyrke, udvinde eller udnytte naturressourcer
ii)
en totalentreprisekontrakt, en bygge- og anlægskontrakt, en produktionskontrakt eller en indtægtsdelingskontrakt, eller
iii)
andre lignende kontrakter
g)
intellektuelle ejendomsrettigheder
h)
andet løsøre, materielle eller immaterielle aktiver eller fast ejendom og dermed forbundne rettigheder
i)
pengefordringer eller krav på ydelser i henhold til en kontrakt.
Det præciseres, at 
pengefordringer
 ikke omfatter:
a)
pengefordringer, som udelukkende hidrører fra kommercielle aftaler om salg af varer eller tjenesteydelser fra en fysisk person eller en virksomhed på en parts territorium til en fysisk person eller virksomhed på den anden parts territorium
b)
hjemmemarkedsfinansiering af sådanne kontrakter, eller
c)
enhver kendelse, dom eller voldgiftskendelse vedrørende litra a) eller b).
Afkast, som investeres, behandles som investeringer. Enhver ændring i den form, i hvilken aktiverne investeres eller geninvesteres, påvirker ikke deres status som investeringer
investor
: en part, en fysisk person eller en virksomhed i en part, undtagen en filial eller et repræsentationskontor, der søger at foretage, foretager eller har foretaget en investering på den anden parts territorium
Med henblik på nærværende definition skal der ved 
virksomhed i en part
 forstås:
a)
en virksomhed, der er stiftet eller oprettet i henhold til den pågældende parts lovgivning og har betydelige forretningsaktiviteter på denne parts territorium, eller
b)
en virksomhed, der er stiftet eller organiseret i henhold til partens lovgivning og direkte eller indirekte ejes eller kontrolleres af en fysisk person i denne part eller af en virksomhed som anført i litra a)
lokalt etableret virksomhed
: en juridisk person, der er stiftet eller organiseret i henhold til den indklagedes lovgivning, og som en investor fra den anden part direkte eller indirekte ejer eller kontrollerer
fysisk person
:
a)
for så vidt angår Canada en fysisk person, som er statsborger eller har fast bopæl i Canada, og
b)
for så vidt angår EU-parten en fysisk person med statsborgerskab i en EU-medlemsstat i henhold til dens respektive lovgivning og for Letland også en fysisk person, som er fast bosiddende i Republikken Letland og ikke er statsborger i Republikken Letland eller nogen anden stat, men som i henhold til Republikken Letlands love og forskrifter er berettiget til at modtage et pas for ikke-statsborgere.
En fysisk person, der både er statsborger i Canada og har statsborgerskab i en EU-medlemsstat, anses for alene at være en fysisk person i den part, hvor vedkommende har sin fremherskende og reelle nationale tilknytning.
En fysisk person med statsborgerskab i en EU-medlemsstat, eller som er statsborger i Canada, og også har fast bopæl i den anden part, betragtes udelukkende som en fysisk person i den part, hvor vedkommende er statsborger eller har statsborgerskab, alt efter hvad der finder anvendelse
New York-konventionen
: 
De Forenede Nationers konvention om anerkendelse og fuldbyrdelse af udenlandske voldgiftskendelse
r, indgået den 10. juni 1958 i New York
den ikke-indklagede
: Canada, hvis Den Europæiske Union eller en EU-medlemsstat er den indklagede, eller Den Europæiske Union, hvis Canada er den indklagede
den indklagede
: Canada eller for så vidt angår Den Europæiske Union enten EU-medlemsstaten eller Den Europæiske Union i henhold til artikel 8.21
afkast
: alle beløb hidrørende fra en investering eller geninvestering, herunder overskud, royalties og renter eller andre gebyrer og betalinger i naturalier
salg og markedsføring af lufttransportydelser
: det pågældende luftfartsselskabs muligheder for frit at sælge og markedsføre sine lufttransportydelser, herunder alle aspekter af markedsføring såsom markedsanalyse, annoncering og distribution, men uden at dette omfatter prisfastsættelse for lufttransportydelser eller de gældende betingelser
tredjepartsfinansiering
: enhver finansiering, der stilles til rådighed af en fysisk eller juridisk person, som ikke er en part i tvisten, men som indgår en aftale med en part i tvisten med henblik på at finansiere en del af eller alle sagsomkostningerne enten ved en donation eller et tilskud eller mod vederlag afhængig af sagens udfald.
ret
: den ret, der er oprettet i medfør af artikel 8.27
UNCITRAL-voldgiftsregler
: voldgiftsreglerne fra De Forenede Nationers Kommission for International Handelsret, og
UNCITRAL-gennemsigtighedsregler
: 
UNCITRAL's gennemsigtighedsregler i aftalebaseret voldgift mellem investorer og stater
.
Artikel 8.2
Anvendelsesområde
1.   Dette kapitel finder anvendelse på foranstaltninger, som en part indfører eller opretholder på sit territorium 
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, vedrørende:
a)
en investor fra den anden part
b)
en omfattet investering, og
c)
for så vidt angår artikel 8.5 enhver investering på sit territorium.
2.   For så vidt angår oprettelse eller erhvervelse af en omfattet investering 
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 finder afdeling B og C ikke anvendelse på en foranstaltning vedrørende:
a)
luftfartstjenesteydelser eller tilknyttede tjenesteydelser til støtte for luftfartstjenesteydelser og andre tjenesteydelser, der leveres ved lufttransport 
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, undtagen:
i)
tjenesteydelser i forbindelse med reparation og vedligeholdelse af flyvemaskiner
ii)
salg og markedsføring af lufttransporttjenesteydelser
iii)
tjenesteydelser i forbindelse med edb-reservationssystemer (CRS)
iv)
groundhandlingstjenesteydelser
v)
lufthavnstjenesteydelser, eller
b)
aktiviteter, der udføres under udøvelse af regeringsmyndighed.
3.   For så vidt angår EU-parten finder afdeling B og C ikke anvendelse på en foranstaltning vedrørende audiovisuelle tjenesteydelser. For så vidt angår Canada finder afdeling B og C ikke anvendelse på en foranstaltning vedrørende kulturelle industrier.
4.   Klager kan kun indgives af en investor i henhold til dette kapitel i overensstemmelse med artikel 8.18 og i overensstemmelse med de procedurer, der er fastsat i afdeling F. Klager i forbindelse med en forpligtelse, der er fastsat i afdeling B, er ikke omfattet af afdeling F. Klager i henhold til afdeling C med hensyn til oprettelse eller erhvervelse af en omfattet investering er ikke omfattet af afsnit F. Afdeling D finder kun anvendelse på en omfattet investering og investorer i forbindelse med deres omfattede investering.
5.   Dette kapitel berører ikke parternes rettigheder og forpligtelser i medfør af 
lufttransportaftalen mellem Canada og Det Europæiske Fællesskab og dets medlemsstater
, indgået den 17. december 2009 i Bruxelles og den 18. december 2009 i Ottawa.
Artikel 8.3
Forholdet til andre kapitler
1.   Nærværende kapitel finder ikke anvendelse på foranstaltninger, som en part indfører eller opretholder, for så vidt som foranstaltningerne finder anvendelse på investorer og deres investeringer, der er omfattet af kapitel tretten (finansielle tjenesteydelser).
2.   Et krav fra en part om, at en tjenesteyder fra den anden part anvender et gældspapir eller en anden form for finansiel sikkerhed som betingelse for leveringen af en tjenesteydelse på dens territorium, medfører ikke i sig selv, at dette kapitel finder anvendelse på foranstaltninger, der indføres eller opretholdes af parten vedrørende leveringen af den grænseoverskridende tjenesteydelse. Dette kapitel finder anvendelse på foranstaltninger, der indføres eller opretholdes af parten vedrørende det gældspapir eller den finansielle sikkerhed, i det omfang et sådant gældspapir eller en sådan finansiel sikkerhed er en omfattet investering.
Afdeling B
Oprettelse af investeringer
Artikel 8.4
Markedsadgang
1.   En part må med hensyn til markedsadgang gennem etablering af en investor fra den anden part for hele sit territorium eller for et territorium på nationalt, provinsielt, territorialt, regionalt eller lokalt regeringsniveau ikke indføre eller opretholde en foranstaltning, som:
a)
medfører en begrænsning af:
i)
antallet af virksomheder, der kan udføre en bestemt økonomisk aktivitet, enten i form af specifikke numeriske kvoter, monopoler, eksklusive leverandører eller krav om en økonomisk behovsprøve
ii)
den samlede værdi af transaktioner eller aktiver i form af numeriske kvoter eller krav om en økonomisk behovsprøve
iii)
det samlede antal transaktioner eller den samlede produktion udtrykt som specifikke numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve 
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iv)
deltagelsen af udenlandsk kapital udtrykt i maksimumsgrænser for andelen af udenlandsk ejede aktier eller den samlede værdi af individuelle eller samlede udenlandske investeringer, eller
v)
det samlede antal fysiske personer, der kan være beskæftiget i en bestemt sektor, eller som en virksomhed må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, i form af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
b)
begrænser eller stiller krav om specifikke former for retlige enheder eller joint ventures, gennem hvilke en virksomhed kan udøve en økonomisk aktivitet.
2.   Det præciseres, at følgende er i overensstemmelse med stk. 1:
a)
en foranstaltning vedrørende arealanvendelse og byplanlægning, som påvirker byggemodning og arealanvendelse, eller anden tilsvarende foranstaltning
b)
en foranstaltning, der kræver adskillelse af ejerskabet af infrastrukturer fra ejerskabet af de varer eller tjenesteydelser, der leveres via denne infrastruktur, for at sikre fair konkurrence, f.eks. inden for energi, transport og telekommunikation
c)
en foranstaltning, der begrænser koncentrationen af ejerskab, for at sikre fair konkurrence
d)
en foranstaltning, der tilsigter at sikre bevarelse og beskyttelse af naturressourcerne og af miljøet, herunder en begrænsning af tilgængeligheden, antallet og omfanget af bevilgede koncessioner og indførelse af et moratorium eller forbud
e)
en foranstaltning, der begrænser antallet af udstedte tilladelser på grund af tekniske og fysiske begrænsninger, f.eks. telekommunikationsspektrum og -frekvenser, eller
f)
en foranstaltning, der kræver, at en bestemt procentdel af aktionærer, ejere, partnere eller ledere af en virksomhed skal være uddannet til eller udøve et bestemt erhverv såsom advokater og revisorer.
Artikel 8.5
Performancekrav
1.   En part må ikke indføre eller håndhæve følgende krav eller gennemtvinge et tilsagn eller en forpligtelse i forbindelse med etablering, erhvervelse, udvidelse, gennemførelse, drift og forvaltning af en investering på sit territorium med henblik på:
a)
at eksportere en bestemt mængde eller en bestemt andel af en vare eller tjenesteydelse
b)
at opnå en bestemt mængde eller en bestemt andel med indenlandsk indhold
c)
at købe, anvende eller indrømme en fortrinsstilling til en vare fremstillet eller tjenesteydelse leveret på sit territorium eller til at købe en vare eller en tjenesteydelse fra fysiske personer eller virksomheder på dens territorium
d)
at sætte mængden eller værdien af importen op mod mængden eller værdien af eksporten eller mængden af udenlandsk valutaindstrømning i forbindelse med den pågældende investering
e)
at begrænse salget af en vare eller en tjenesteydelse på sit territorium, som investeringen frembringer eller giver anledning til, ved at sætte dette salg op mod mængden eller værdien af eksporten eller den udenlandske valutaindtjening
f)
at overføre teknologi, en produktionsproces eller anden ejendomsretligt beskyttet viden til en fysisk person eller en virksomhed på dens territorium, eller
g)
fra partens territorium udelukkende at levere en vare fremstillet eller en tjenesteydelse leveret ved investeringen til et specifikt regionalt marked eller verdensmarkedet.
2.   En part må ikke gøre tildelingen eller den fortsatte tildeling af en fordel i forbindelse med etablering, erhvervelse, udvidelse, forvaltning, gennemførelse eller drift af investeringer på sit territorium betinget af overholdelsen af nogen af følgende krav:
a)
at nå en bestemt mængde eller en bestemt andel med indenlandsk indhold
b)
at købe, anvende eller indrømme en fortrinsstilling til en vare fremstillet på sit territorium, eller at købe en vare fra en producent på sit territorium
c)
at sætte mængden eller værdien af importen op mod mængden eller værdien af eksporten eller mængden af udenlandsk valutaindstrømning i forbindelse med den pågældende investering, eller
d)
at begrænse salget af en vare eller en tjenesteydelse på sit territorium, som investeringen frembringer eller giver anledning til, ved at sætte dette salg op mod mængden eller værdien af eksporten eller den udenlandske valutaindtjening.
3.   Stk. 2 er ikke til hinder for, at en part gør tildeling eller fortsat tildeling af en fordel i forbindelse med en investering på sit territorium betinget af opfyldelsen af et krav om at placere produktionen, levere en tjenesteydelse, uddanne og ansætte arbejdstagere, opføre eller udvide særlige faciliteter eller udføre forskning og udvikling på sit territorium.
4.   Stk. 1, litra f), finder ikke anvendelse, hvis kravet er pålagt eller tilsagnet eller forpligtelsen gennemtvinges af en domstol, en forvaltningsdomstol eller konkurrencemyndighed for at afhjælpe en overtrædelse af konkurrencelovgivningen.
5.   Bestemmelserne i:
a)
stk. 1, litra a), b) og c), og stk. 2, litra a) og b), gælder ikke for kvalifikationskrav for en vare eller en tjenesteydelse med hensyn til deltagelse i programmer for eksportfremme og udenlandsk bistand
b)
nærværende artikel finder ikke anvendelse på en parts indkøb af en vare eller en tjenesteydelse til statslig brug og uden sigte på kommercielt videresalg og ej heller med sigte på anvendelse i forbindelse med levering af en vare eller en tjenesteydelse til kommercielt salg, uanset om dette offentlige udbud er et »omfattet udbud« som omhandlet i artikel 19.2 (anvendelsesområde og dækning).
6.   Det præciseres, at stk. 2, litra a) og b), ikke finder anvendelse på krav, som en importerende part pålægger vedrørende indholdet af en vare for at gøre sig berettiget til at opnå ret til nedsatte takster eller præferencekontingenter.
7.   Nærværende artikel berører ikke en parts forpligtelser for så vidt angår Verdenshandelsorganisationen.
Afdeling C
Ikke-diskriminatorisk behandling
Artikel 8.6
National behandling
1.   Hver af parterne indrømmer en investor fra den anden part og en omfattet investering en behandling, der ikke er mindre gunstig end den, de i lignende situationer indrømmer deres egne investorer og deres investeringer, for så vidt angår etablering, erhvervelse, udvidelse, drift, forvaltning, styring, vedligeholdelse, anvendelse, nydelse og salg eller afhændelse af deres investeringer på deres territorium.
2.   For så vidt angår enhver anden regering i Canada end på føderalt niveau skal der ved behandling, der indrømmes af en part i henhold til stk. 1, forstås en behandling, der ikke er mindre gunstig end den mest gunstige behandling, som denne regering i lignende situationer indrømmer investorer fra Canada på sit territorium og disse investorers investeringer.
3.   For så vidt angår en regering i eller inden for en EU-medlemsstat skal der ved behandling, der indrømmes af en part i henhold til stk. 1, forstås en behandling, der ikke er mindre gunstig end den mest gunstige behandling, som denne regering i lignende situationer indrømmer investorer fra EU på sit territorium og disse investorers investeringer.
Artikel 8.7
Mestbegunstigelsesbehandling
1.   Hver af parterne indrømmer en investor fra den anden part og en omfattet investering en behandling, der ikke er mindre gunstig end den, de i lignende situationer indrømmer tredjelandsinvestorer og deres investeringer, for så vidt angår etablering, erhvervelse, udvidelse, drift, forvaltning, styring, vedligeholdelse, anvendelse, nydelse og salg eller afhændelse af deres investeringer på deres territorium.
2.   For så vidt angår enhver anden regering i Canada end på føderalt plan eller for så vidt angår en regering i eller inden for en EU-medlemsstat skal det præciseres, at der ved behandling, der indrømmes af en part i henhold til stk. 1, forstås en behandling, som denne regering i lignende situationer indrømmer investorer på sit territorium og investeringer fra disse tredjelandsinvestorer.
3.   Stk. 1 finder ikke anvendelse på en behandling, der indrømmes af en part, der kræver anerkendelse, herunder gennem en ordning eller en aftale med et tredjeland, der anerkender akkrediteringen af prøvnings- og analysetjenesteydelser og -tjenesteydere, akkrediteringen af reparations- og vedligeholdelsestjenesteydelser og -tjenesteydere samt certificeringen af kvalifikationer eller af resultaterne af eller arbejde udført ved sådanne akkrediterede tjenesteydelser og tjenesteydere.
4.   Det præciseres, at »behandling« som omhandlet i stk. 1 og 2 ikke omfatter procedurer for bilæggelse af investeringstvister mellem investorer og stater, som er omfattet af andre internationale investeringsaftaler og andre handelsaftaler. Materielle forpligtelser i andre internationale investeringsaftaler og andre handelsaftaler udgør ikke i sig selv »behandling«, og kan således ikke give anledning til en overtrædelse af denne artikel, hvis ingen foranstaltninger vedtages eller opretholdes af en part i henhold til disse forpligtelser.
Artikel 8.8
Øverste ledelse og bestyrelse
En part må ikke kræve, at en virksomhed fra denne part, dvs. også en omfattet investering, udpeger fysiske personer af en bestemt nationalitet til den øverste ledelse eller bestyrelsen.
Afdeling D
Investeringsbeskyttelse
Artikel 8.9
Investeringsforanstaltninger og reguleringsforanstaltninger
1.   For så vidt angår dette kapitel bekræfter parterne på ny deres ret til at regulere inden for deres territorium med henblik på at nå legitime politiske mål, såsom beskyttelsen af den offentlige sundhed, sikkerhed, miljøet eller den offentlige sædelighed, social- eller forbrugerbeskyttelse og fremme og beskyttelse af den kulturelle mangfoldighed.
2.   Det præciseres, at den omstændighed, at en part regulerer, herunder gennem en ændring af sin lovgivning, på en måde, som har en negativ indvirkning på en investering eller påvirker en investors forventninger, herunder forventninger om fortjeneste, ikke i sig selv udgør en tilsidesættelse af en forpligtelse i henhold til denne afdeling.
3.   Det præciseres, at en parts beslutning om ikke at udstede, forlænge eller opretholde subsidier:
a)
hvis der i henhold til loven eller en aftale ikke er nogen specifik forpligtelse til at udstede, forny eller opretholde de pågældende subsidier, eller
b)
i overensstemmelse med eventuelle vilkår eller bestemmelser, der er forbundet med udstedelsen, fornyelsen eller opretholdelsen af subsidierne
ikke udgør en overtrædelse af bestemmelserne i denne afdeling.
4.   Det præciseres, at intet i dette afsnit må fortolkes således, at det forhindrer en part i at afbryde ydelsen af subsidier 
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 eller anmode om deres tilbagebetaling, hvis en sådan foranstaltning er nødvendig for at opfylde internationale forpligtelser mellem parterne eller er blevet pålagt af en kompetent domstol, forvaltningsdomstol eller anden kompetent myndighed 
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10
)
, eller i at pålægge den pågældende part at yde investor kompensation herfor.
Artikel 8.10
Behandling af investorer og omfattede investeringer
1.   Hver af parterne skal på sit territorium indrømme omfattede investeringer fra den anden part og investorer for så vidt angår deres omfattede investeringer fair og lige behandling samt fuld beskyttelse og sikkerhed i overensstemmelse med stk. 2-7.
2.   En part tilsidesætter forpligtelsen til retfærdig og rimelig behandling, jf. stk. 1, såfremt en foranstaltning eller række foranstaltninger udgør:
a)
nægtelse af adgang til domstolsprøvelse i strafferetlige, civilretlige eller administrative procedurer
b)
en grundlæggende krænkelse af retten til en retfærdig rettergang, herunder en grundlæggende krænkelse af princippet om gennemsigtighed i retslige og administrative procedurer
c)
åbenbar vilkårlighed
d)
målrettet forskelsbehandling på åbenbart fejlagtigt grundlag såsom køn, race eller religiøst tilhørsforhold
e)
grov behandling af investorer såsom pres, tvang og chikane, eller
f)
tilsidesættelse af andre elementer af forpligtelsen til retfærdig og rimelig behandling, som parterne har vedtaget i overensstemmelse med stk. 3 i denne artikel.
3.   Parterne skal regelmæssigt eller efter anmodning fra en part tage indholdet af forpligtelsen til at sikre rimelig og retfærdig behandling op til fornyet gennemgang. Udvalget for Tjenesteydelser og Investeringer, som er nedsat i medfør af artikel 26.2.1, litra b), (specialudvalg), kan udarbejde anbefalinger i denne henseende og forelægge dem for Det Blandede CETA-Udvalg med henblik på en afgørelse.
4.   Ved anvendelse af ovennævnte forpligtelse til rimelig og retfærdig behandling kan retten tage hensyn til, om en part for at foranledige en omfattet investering har kommet med en specifik tilkendegivelse til en investor, som har skabt en berettiget forventning, som investoren har stolet på ved beslutningen om at foretage eller bibeholde den omfattede investering, men som parten derefter ikke har indfriet.
5.   Det præciseres, at der ved »fuld beskyttelse og sikkerhed« henvises til en parts forpligtelser vedrørende investorers og omfattede investeringers fysiske sikkerhed.
6.   Det præciseres, at en overtrædelse af andre bestemmelser i nærværende aftale eller i en separat international aftale ikke er ensbetydende med en overtrædelse af denne artikel.
7.   Det præciseres, at den omstændighed, at en foranstaltning er i strid med intern lovgivning, ikke i sig selv udgør en overtrædelse af denne artikel. For at fastslå, om en foranstaltning udgør en overtrædelse af denne artikel, skal retten undersøge, om en part har handlet i strid med forpligtelserne i stk. 1.
Artikel 8.11
Kompensation for tab
Uanset artikel 8.15.5, litra b), skal hver af parterne indrømme investorer fra den anden part, hvis omfattede investeringer lider tab som følge af væbnede konflikter, civile uroligheder, undtagelsestilstand eller naturkatastrofe på deres territorium, en behandling, der ikke er mindre gunstig end den, de indrømmer deres egne investorer eller tredjelandsinvestorer, hvis dette er gunstigere for den pågældende investor, for så vidt angår tilbagelevering, erstatning, kompensation eller en anden løsning.
Artikel 8.12
Ekspropriation
1.   En part må ikke hverken direkte eller indirekte nationalisere eller ekspropriere en omfattet investering gennem foranstaltninger med tilsvarende virkning som nationalisering eller ekspropriation (»ekspropriation«) undtagen:
a)
af hensyn til almenvellet
b)
i overensstemmelse med de gældende retsregler
c)
på en ikke-diskriminerende måde, og
d)
mod betaling af umiddelbar, passende og effektiv kompensation.
Det præciseres, at denne artikel skal fortolkes i overensstemmelse med bilag 8-A.
2.   Den i stk. 1 omhandlede kompensation skal svare til en rimelig markedsværdi af investeringen på tidspunktet umiddelbart inden ekspropriationen eller den forestående ekspropriation blev kendt, alt efter hvad der indtræffer først. Evalueringskriterierne omfatter overdragelsesværdi, aktivværdi, herunder den angivne skatteværdi af materielle goder, og andre relevante kriterier til fastsættelse af en rimelig markedsværdi.
3.   Kompensationen skal også omfatte renter til en normal markedsrente fra ekspropriationsdatoen indtil betalingsdatoen og bør for at være til gavn for investoren betales og overføres hurtigst muligt til det land, som er udpeget af investoren, og i valutaen i det land, hvor investor er borger, eller i en frit konvertibel valuta, der accepteres af investoren.
4.   Den berørte investor har i overensstemmelse med den eksproprierende parts lovgivning ret til en hurtig gennemgang af sit krav og værdiansættelse af sin investering, foretaget af en retlig eller anden uafhængig myndighed hos den pågældende part i overensstemmelse med principperne i denne artikel.
5.   Denne artikel finder ikke anvendelse på udstedelse af obligatoriske licenser, som tildeles i forbindelse med intellektuelle ejendomsrettigheder, såfremt en sådan udstedelse er i overensstemmelse med TRIPS-aftalen.
6.   Det præciseres, at tilbagekaldelse, begrænsning eller oprettelse af intellektuelle ejendomsrettigheder, i det omfang disse foranstaltninger er i overensstemmelse med TRIPS-aftalen og kapitel tyve (intellektuelle ejendomsrettigheder), ikke udgør ekspropriation. Desuden udgør en konstatering af, at disse foranstaltninger er i strid med TRIPS-aftalen eller kapitel tyve (intellektuelle ejendomsrettigheder) ikke en ekspropriation.
Artikel 8.13
Overførsler
1.   Hver af parterne skal tillade, at alle overførsler i forbindelse med en omfattet investering kan foretages uden begrænsninger eller forsinkelser i en frit konvertibel valuta og til den markedskurs, der er gældende på datoen for overførslen. Sådanne overførsler omfatter:
a)
kapitalindskud som f.eks. hovedkapital og supplerende kapital for at opretholde, udvikle eller øge investeringen
b)
overskud, udbytte, renter, kapitalgevinster, royalties, forvaltningsgebyrer, teknisk bistand og andre gebyrer eller andre former for afkast eller provenu fra den omfattede investering
c)
indtægter fra salg eller likvidation af hele eller en del af den omfattede investering
d)
betalinger foretaget i henhold til en kontrakt indgået af investor eller den omfattede investering, herunder betalinger foretaget i henhold til en låneaftale
e)
betalinger i henhold til artikel 8.11 og 8.12
f)
løn og anden form for vederlag optjent af udenlandsk personale, som arbejder i forbindelse med en investering, og
g)
betaling af erstatning i henhold til en voldgiftskendelse udstedt i henhold til afdeling F.
2.   En part må ikke pålægge sine investorer at overdrage eller straffe sine investorer for ikke at overdrage den indkomst, det overskud, den fortjeneste eller andre beløb, der hidrører fra eller kan henføres til investeringer i den anden parts territorium.
3.   Intet i denne artikel må fortolkes således, at det forhindrer en part i på en rimelig og ikke-diskriminerende måde og således, at det ikke udgør en skjult begrænsning af overførsler, at anvende sin lovgivning vedrørende:
a)
konkurs, insolvens eller beskyttelse af kreditorrettigheder
b)
udstedelse eller handel med værdipapirer
c)
strafbare handlinger
d)
regnskabsaflæggelse for eller registrering af overførsler, når det er nødvendigt til støtte for de retshåndhævende myndigheder eller finanstilsynsmyndighederne, og
e)
fuldbyrdelse af retsafgørelser i forbindelse med retlige procedurer.
Artikel 8.14
Subrogation
Foretager en part eller et organ i en part en betaling i henhold til en skadeserstatning, en garanti eller en forsikringsaftale, den har indgået i forbindelse med en investering foretaget af en af sine investorer på den anden parts territorium, skal den anden part anerkende, at parten eller et organ i denne part i alle tilfælde har krav på de samme rettigheder som investoren i forhold til investeringen. Disse rettigheder kan udnyttes af parten eller et organ i parten eller af investoren, hvis parten eller et organ i parten giver tilladelse hertil.
Afdeling E
Forbehold og undtagelser
Artikel 8.15
Forbehold og undtagelser
1.   Artikel 8.4-8.8 finder ikke anvendelse på:
a)
en eksisterende uforenelig foranstaltning, som af en part opretholdes på:
i)
EU-niveau som fastsat i EU's liste i bilag I
ii)
nationalt regeringsniveau som fastsat af den pågældende part i sin liste i bilag I
iii)
provinsielt, territorialt eller regionalt regeringsniveau som fastsat af den pågældende part i sin liste i bilag I, eller
iv)
lokalt regeringsniveau
b)
fortsat anvendelse eller omgående fornyelse af en uforenelig foranstaltning som omhandlet i litra a), eller
c)
en ændring af en uforenelig foranstaltning som omhandlet i litra a), i det omfang ændringen ikke gør foranstaltningen endnu mere uforenelig med artikel 8.4-8.8, end den var umiddelbart før ændringen.
2.   Artikel 8.4-8.8 finder ikke anvendelse på en foranstaltning, som en part indfører eller opretholder med hensyn til en sektor, delsektor eller aktivitet som fastsat i sin liste i bilag II.
3.   En part må, uden at dette berører artikel 8.10 og 8.12, ikke efter datoen for denne aftales ikrafttræden vedtage en foranstaltning eller række af foranstaltninger omfattet af sin liste i bilag II, som direkte eller indirekte pålægger en investor fra den anden part på grundlag af nationalitet at sælge eller på anden måde afhænde en investering, der fandtes på det tidspunkt, hvor foranstaltningen eller rækken af foranstaltninger trådte i kraft.
4.   En part kan for så vidt angår intellektuelle ejendomsrettigheder fravige artikel 8.5.1, litra f), artikel 8.6 og artikel 8.7, hvis dette er hjemlet i TRIPs-aftalen, herunder eventuelle ændringer af TRIPs-aftalen, der gælder for begge parter, og dispensationer til TRIPS-aftalen, der er vedtaget i henhold til artikel IX i WTO-overenskomsten.
5.   Artikel 8.4, 8.6, 8.7 og 8.8 finder ikke anvendelse på:
a)
en parts indkøb af en vare eller en tjenesteydelse til statslig brug og uden sigte på kommercielt videresalg og ej heller med sigte på anvendelse i forbindelse med levering af en vare eller en tjenesteydelse til kommercielt salg, uanset om dette offentlige udbud er et »omfattet udbud« som omhandlet i artikel 19.2 (anvendelsesområde og dækning), eller
b)
subsidier eller statsstøtte, der ydes af en part i forbindelse med handelen med tjenesteydelser.
Artikel 8.16
Nægtelse af fordele
En part kan nægte at indrømme fordelene i medfør af dette kapitel til en investor fra den anden part, som er en virksomhed i denne part, og til denne investors investeringer, hvis:
a)
en tredjelandsinvestor ejer eller kontrollerer virksomheden, og
b)
den nægtende part med hensyn til tredjelandet indfører eller opretholder en foranstaltning, der:
i)
vedrører opretholdelse af international fred og sikkerhed, og
ii)
forbyder transaktioner med virksomheden eller ville blive tilsidesat eller omgået, hvis fordelene i medfør af dette kapitel blev indrømmet virksomheden eller dens investeringer.
Artikel 8.17
Formelle krav
En part kan uanset artikel 8.6 og 8.7 anmode en investor fra den anden part eller denne investors omfattede investering om at indgive rutinemæssige oplysninger om investeringen til udelukkende oplysnings- eller statistiske formål, forudsat at disse anmodninger er rimelige og ikke unødigt byrdefulde. Parten skal beskytte fortrolige eller beskyttede oplysninger fra enhver videregivelse, der ville være til skade for investorens eller den omfattede investerings konkurrencemæssige stilling. Dette stykke forhindrer ikke en part i på anden vis at opnå eller videregive oplysninger i forbindelse med en rimelig og loyal anvendelse af sin lovgivning.
Afdeling F
Bilæggelse af investeringstvister mellem investorer og stater
Artikel 8.18
Anvendelsesområde
1.   Uden at dette berører parternes rettigheder og forpligtelser i henhold til kapitel niogtyve (tvistbilæggelse) kan en investor fra en part til den ret, der oprettes i henhold til denne afdeling, indgive en klage med påstand om, at den anden part har tilsidesat en forpligtelse i henhold til:
a)
afdeling C med hensyn til udvidelse, gennemførelse, drift, forvaltning, vedligeholdelse, brug, nydelse, salg eller afhændelse af sin omfattede investering, eller
b)
afdeling D,
hvis investor gør gældende at have lidt tab eller skade som følge af den påståede overtrædelse.
2.   Klager i henhold til stk. 1, litra a), for så vidt angår en udvidelse af en omfattet investering kan kun forelægges i det omfang, foranstaltningen vedrører den omfattede investerings eksisterende erhvervsaktiviteter, og investoren som følge heraf har lidt tab eller skade med hensyn til den omfattede investering.
3.   Det præciseres, at en investor ikke kan indgive en klage i henhold til denne afdeling, hvis investeringen er foretaget ved svigagtig afgivelse af urigtige oplysninger, fortielse, korruption eller en adfærd, der udgør misbrug af proceduren.
4.   En klage med hensyn til omstrukturering af gæld udstedt af en part kan kun indgives i henhold til denne afdeling i overensstemmelse med bilag 8-B.
5.   Retten, der oprettes i henhold til denne afdeling, må ikke behandle klager, der falder uden for denne artikels anvendelsesområde.
Artikel 8.19
Konsultationer
1.   En tvist bør så vidt muligt løses i mindelighed. En sådan løsning kan indgås på et hvilket som helst tidspunkt, også efter indgivelse af klagen i henhold til artikel 8.23. Medmindre tvistens parter bliver enige om en længere frist, skal der afholdes konsultationer senest 60 dage efter indgivelsen af en konsultationsanmodning i henhold til stk. 4.
2.   Medmindre tvistens parter aftaler andet, afholdes høringerne i:
a)
Ottawa, hvis de anfægtede foranstaltninger er foranstaltninger truffet af Canada
b)
Bruxelles, hvis de anfægtede foranstaltninger omfatter en foranstaltning truffet af Den Europæiske Union, eller
c)
hovedstaden i en EU-medlemsstat, hvis de anfægtede foranstaltninger udelukkende er foranstaltninger truffet af denne medlemsstat.
3.   Parterne i tvisten kan i givet fald gennemføre konsultationer via videokonference eller andre midler, f.eks. når investor er en lille eller mellemstor virksomhed.
4.   Investoren skal forelægge den anden part en konsultationsanmodning med oplysning om:
a)
investors navn og adresse og, såfremt en sådan anmodning indgives på vegne af en lokalt etableret virksomhed, denne virksomheds navn, adresse og vedtægtsmæssige hjemsted
b)
i tilfælde af flere investorer, navn og adresse på hver investor, og i tilfælde af flere lokalt etablerede virksomheder, navn, adresse og vedtægtsmæssige hjemsted for hver lokalt etablerede virksomhed
c)
de bestemmelser i denne aftale, som hævdes at være blevet overtrådt
d)
det retlige og faktiske grundlag for klagen, herunder de omtvistede foranstaltninger, og
e)
det krav, der nedlægges påstand om, og den krævede erstatnings anslåede størrelse.
Anmodningen om konsultationer skal indeholde dokumentation for, at investoren er en investor fra den anden part, og at investor ejer eller kontrollerer investeringerne, herunder, hvis det er relevant, at investor ejer eller kontrollerer den lokalt etablerede virksomhed, på hvis vegne anmodningen er indgivet.
5.   Kravene i anmodningen om konsultationer som omhandlet i stk. 4 skal være tilstrækkeligt specifikke, således at den indklagede effektivt kan deltage i konsultationerne og forberede sit forsvar.
6.   En konsultationsanmodning indgives senest:
a)
tre år efter den dato, hvor investoren eller i givet fald den lokalt etablerede virksomhed første gang fik eller burde have fået kendskab til den påståede overtrædelse og viden om, at investoren eller i givet fald den lokalt etablerede virksomhed har lidt tab eller skade derved, eller
b)
to år efter, at en investor eller i givet fald den lokalt etablerede virksomhed opgiver at gå videre med en klage eller en retslig procedure ved en ret eller en domstol i henhold til lovgivningen i en part, eller hvis sådanne retslige procedurer på anden måde er afsluttet, og under alle omstændigheder senest 10 år efter den dato, hvor investoren eller i givet fald den lokalt etablerede virksomhed først fik eller burde have fået kendskab til den påståede overtrædelse og viden om, at investoren har lidt tab eller skade.
7.   En konsultationsanmodning vedrørende en påstået overtrædelse begået af Den Europæiske Union eller en EU-medlemsstat sendes til Den Europæiske Union.
8.   Har investor ikke indgivet en klage i henhold til artikel 8.23 senest 18 måneder efter at have indgivet konsultationsanmodningen, anses investor for at have frafaldet sin konsultationsanmodning og, hvis det er relevant, sin meddelelse om anmodning om udpegning af den indklagede, og kan ikke på ny indgive en klage i henhold til denne afdeling vedrørende de samme foranstaltninger. Denne frist kan forlænges efter aftale mellem parterne i tvisten.
Artikel 8.20
Mægling
1.   Parterne i tvisten kan til enhver tid aftale at anvende mægling.
2.   Anvendelse af mægling berører ikke retsstillingen for nogen af parterne i tvisten eller deres rettigheder i medfør af dette kapitel, og mægling er underlagt de regler, der er aftalt af parterne i tvisten, herunder i givet fald de regler om mægling, der er vedtaget af Udvalget for Tjenesteydelser og Investeringer i medfør af artikel 8.44.3, litra c).
3.   Mægleren udpeges efter aftale mellem parterne i tvisten. Parterne i tvisten kan også anmode om, at generalsekretæren for ICSID udpeger mægleren.
4.   Parterne i tvisten bestræber sig på at nå frem til en løsning på tvisten senest 60 dage efter udpegelse af mægleren.
5.   Er parterne i tvisten enige om at anvende mægling, finder artikel 8.19.6 og 8.19.8 ikke anvendelse fra den dato, hvor parterne i tvisten blev enige om at anvende mægling, til den dato, hvor en af parterne i tvisten beslutter at afslutte mæglingen. Træffer en part i tvisten en afgørelse om at afslutte mæglingen, skal denne afgørelse fremsendes i form af et brev til mægleren og den anden part i tvisten.
Artikel 8.21
Udpegning af den indklagede i forbindelse med tvister med Den Europæiske Union eller dens medlemsstater
1.   Kan tvisten ikke bilægges senest 90 dage efter indgivelse af en konsultationsanmodning, når anmodningen vedrører en påstået tilsidesættelse af denne aftale begået af Den Europæiske Union eller en EU-medlemsstat, og investor agter at indgive en klage i henhold til artikel 8.23, skal investoren indlevere en meddelelse til Den Europæiske Union med anmodning om udpegning af den indklagede.
2.   Meddelelsen i stk. 1 skal identificere de foranstaltninger, for hvilke investor agter at indgive en klage.
3.   Den Europæiske Union skal efter at have foretaget udpegning give investor meddelelse om, hvorvidt Den Europæiske Union eller en EU-medlemsstat skal være den indklagede.
4.   Er investor ikke blevet underrettet om udpegningen senest 50 dage efter indlevering af sin meddelelse om anmodning om en sådan udpegning:
a)
skal den pågældende EU-medlemsstat være den indklagede, hvis de foranstaltninger, der er angivet i meddelelsen, udelukkende er foranstaltninger i en EU-medlemsstat
b)
skal Den Europæiske Union være den indklagede, hvis de foranstaltninger, der er angivet i meddelelsen, omfatter foranstaltninger truffet af Den Europæiske Union.
5.   Investoren kan indgive en klage i henhold til artikel 8.23 på grundlag af den udpegning, der er foretaget i henhold til stk. 3, og, såfremt en sådan udpegning ikke er blevet meddelt investor, ved anvendelse af stk. 4.
6.   Er Den Europæiske Union eller en EU-medlemsstat indklaget i henhold til stk. 3 eller 4, kan hverken Den Europæiske Union eller EU-medlemsstaten gøre gældende, at kravet ikke kan antages til behandling, at retten ikke har kompetence eller på anden måde gøre indsigelse mod klagen eller voldgiftskendelsen med den begrundelse, at den indklagede ikke er blevet korrekt udpeget i henhold til stk. 3 eller identificeret ved anvendelse af stk. 4.
7.   Retten er bundet af den udpegning, der er foretaget i henhold til stk. 3, og, såfremt en sådan udpegning ikke er blevet meddelt investor, af stk. 4.
Artikel 8.22
Proceduremæssige og andre betingelser for indgivelse af en klage til retten
1.   En investor kan kun indgive en klage i henhold til artikel 8.23, hvis investoren:
a)
sammen med indgivelse af klagen giver den indklagede sit samtykke til bilæggelse af tvisten ved retten i overensstemmelse med de procedurer, der er fastsat i denne afdeling
b)
giver en frist på mindst 180 dage fra indgivelse af anmodningen om konsultationer og, hvis det er relevant, mindst 90 dage efter indgivelsen af meddelelsen om anmodning om udpegning af den indklagede
c)
har opfyldt betingelserne for meddelelsen om anmodning om udpegning af den indklagede
d)
har opfyldt betingelserne for en konsultationsanmodning
e)
ikke identificerer en foranstaltning i sin klage, som ikke er blevet identificeret i sin konsultationsanmodning
f)
trækker enhver retslig procedure, der allerede verserer ved en ret eller domstol efter national eller international ret med hensyn til en foranstaltning, der påstås at udgøre en tilsidesættelse som omhandlet i klagen, tilbage eller afbryder en sådan retslig procedure, og
g)
giver afkald på sin ret til at indgive enhver klage eller indlede enhver retslig procedure ved en ret eller en domstol under national eller international ret med hensyn til en foranstaltning, der påstås at udgøre en overtrædelse som omhandlet i klagen.
2.   Vedrører klagen, der indgives i henhold til artikel 8.23, et tab eller en skade for en lokalt etableret virksomhed eller en interesse i en lokalt etableret virksomhed, som investoren ejer eller kontrollerer direkte eller indirekte, finder betingelserne i stk. 1, litra f) og g), anvendelse på både investor og den lokalt etablerede virksomhed.
3.   Betingelserne i stk. 1, litra f) og g), og stk. 2 finder ikke anvendelse på en lokalt etableret virksomhed, hvis den indklagede eller investors værtsstat har frataget investoren kontrollen med den lokalt etablerede virksomhed eller på anden måde har forhindret den lokalt etablerede virksomhed i at opfylde disse betingelser.
4.   Retten skal på begæring af den indklagede erklære sig inkompetent, hvis investor eller i givet fald den lokalt etablerede virksomhed, ikke opfylder en af betingelserne i stk. 1 og 2.
5.   Det afkald, der gives i henhold til stk. 1, litra g), eller stk. 2, alt efter omstændighederne, ophører med at gælde, hvis:
a)
retten afviser klagen på grundlag af manglende opfyldelse af betingelserne i stk. 1 eller 2 eller af andre procedure- eller jurisdiktionsmæssige grunde
b)
retten afviser klagen i medfør af artikel 8.32 eller artikel 8.33, eller
c)
investor trækker sin klage tilbage i overensstemmelse med de gældende regler i henhold til artikel 8.23.2 senest 12 måneder efter oprettelsen af rettens afdeling.
Artikel 8.23
Indgivelse af en klage til retten
1.   Er en tvist ikke blevet bilagt ved hjælp af konsultationer, kan der indgives en klage i henhold til denne afdeling af:
a)
en investor fra en part på egne vegne, eller
b)
en investor fra en part på vegne af en lokalt etableret virksomhed, som denne investor direkte eller indirekte ejer eller kontrollerer.
2.   En klage kan indgives efter følgende regler:
a)
ICSID-konventionen og procesreglementet for voldgiftsretter
b)
reglerne for ICSID's supplerende ordning, hvis betingelserne for retslige procedurer i henhold til litra a) ikke finder anvendelse
c)
UNCITRAL's voldgiftsregler, eller
d)
andre regler, som parterne i tvisten har aftalt.
3.   Foreslår investor regler i henhold til stk. 2, litra d), skal den indklagede besvare investors forslag senest 20 dage efter modtagelsen. Er parterne i tvisten ikke nået til enighed om sådanne regler senest 30 dage efter modtagelsen, kan investor indgive en klage i henhold til de regler, der er nævnt i stk. 2, litra a), b) eller c).
4.   Det præciseres, at en klage, der indgives i henhold til stk. 1, litra b), skal opfylde betingelserne i ICSID-konventionens artikel 25, stk. 1.
5.   Investor kan ved indgivelse af sin klage foreslå, at en enkelt voldgiftsmand skal behandle sagen. Den indklagede skal velvilligt overveje en sådan anmodning, navnlig når investor er en lille eller mellemstor virksomhed, eller når den kompensation eller skadeserstatning, der kræves, er forholdsvis beskeden.
6.   De regler, der gælder i henhold til stk. 2, er dem, der er i kraft på den dato, hvor klagen eller klagerne indgives til retten i henhold til denne afdeling, med forbehold af de specifikke regler i denne afdeling som suppleret med regler vedtaget i henhold til artikel 8.44.3, litra b).
7.   En klage indgives til tvistbilæggelse i henhold til denne afdeling, når:
a)
anmodningen i henhold til ICSID-konventionens artikel 36, stk. 1, modtages af ICSID's generalsekretær
b)
anmodningen i henhold til artikel 2 i liste C til reglerne for ICSID's supplerende ordning modtages af ICSID's sekretariat
c)
meddelelsen i henhold til artikel 3 i UNCITRAL's voldgiftsregler modtages af den indklagede, eller
d)
anmodning eller meddelelse om indledning af proceduren er modtaget af den indklagede i overensstemmelse med de regler, der er aftalt i henhold til stk. 2, litra d).
8.   Hver af parterne skal underrette den anden part om, hvor investorerne skal indgive meddelelser og andre dokumenter i henhold til denne afdeling. Hver af parterne skal sikre, at disse oplysninger er offentligt tilgængelige.
Artikel 8.24
Retslige procedurer i henhold til en anden international aftale
Indgives der en klage i henhold til denne afdeling og en anden international aftale, og:
a)
er der risiko for overlappende kompensation, eller
b)
kan den anden internationale klage have en væsentlig indvirkning på udfaldet af den klage, der er indgivet i henhold til denne afdeling,
skal retten snarest muligt efter at have hørt parterne i tvisten udsætte sagen eller på anden måde sikre, at retslige procedurer, der indledes i medfør af en anden international aftale, tages i betragtning i rettens afgørelse, kendelse eller voldgiftskendelse.
Artikel 8.25
Samtykke til bilæggelse af tvisten ved retten
1.   Den indklagede samtykker til bilæggelse af tvisten ved retten i overensstemmelse med de procedurer, der er fastsat i denne afdeling.
2.   Samtykke i henhold til stk. 1 og indgivelse af en klage til retten i henhold til denne afdeling skal opfylde betingelserne i:
a)
ICSID-konventionens artikel 25 og kapitel II i liste C i ICSID's supplerende ordning vedrørende skriftligt samtykke fra parterne i tvisten, og
b)
New York-konventionens artikel II for en skriftlig aftale.
Artikel 8.26
Tredjepartsfinansiering
1.   Ved tredjepartsfinansiering skal den part i tvisten, der drager fordel heraf, give den anden part i tvisten og retten oplysning om tredjepartens navn og adresse.
2.   Oplysningerne skal stilles til rådighed på tidspunktet for indgivelse af klagen eller, hvis finansieringsaftalen er indgået, eller donationen eller tilskuddet er givet, efter indgivelse af klagen, uden forsinkelse, så snart aftalen er indgået eller donationen eller tilskuddet er givet.
Artikel 8.27
Oprettelse af retten
1.   Retten, der oprettes i henhold til denne afdeling, behandler klager, der indgives i henhold til artikel 8.23.
2.   Det Blandede CETA-Udvalg skal ved denne aftales ikrafttræden udnævne femten medlemmer af retten. Fem af medlemmerne af retten skal være borgere i EU-medlemsstater, fem skal være borgere i Canada 
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 og fem skal være borgere i tredjelande.
3.   Det Blandede CETA-Udvalg kan beslutte at forhøje eller nedsætte antallet af rettens medlemmer ved multipla af tre. Yderligere udnævnelser skal ske på samme grundlag som anført i stk. 2.
4.   Rettens medlemmer skal have de kvalifikationer, der er påkrævet i deres respektive lande til at varetage retslige funktioner eller være jurister med anerkendt faglig kompetence. De skal have dokumenteret erfaring inden for folkeret. Det er ønskeligt, at de især har ekspertise inden for international investeringslovgivning, international handelsret og bilæggelse af tvister i forbindelse med internationale investeringer eller internationale handelsaftaler.
5.   Rettens medlemmer, der udnævnes i henhold til denne afdeling, udnævnes for en femårig embedsperiode, som kan fornyes én gang. Imidlertid skal syv af de 15 medlemmer, der udnævnes umiddelbart efter denne aftales ikrafttræden, hvilket afgøres ved lodtrækning, have deres embedsperiode forlænget til seks år. Ledige embeder besættes, efterhånden som de opstår. En person, der udpeges til at erstatte et medlem af retten, hvis embedsperiode ikke er udløbet, besætter dette embede i resten af forgængerens embedsperiode. I princippet kan et medlem af retten, der gør tjeneste i en afdeling af retten, når hans eller hendes embedsperiode udløber, fortsætte med at fungere i den pågældende afdeling, indtil der udstedes en endelig voldgiftskendelse.
6.   Retten skal behandle sager i afdelinger bestående af tre medlemmer af retten, hvoraf den ene skal være borger i en EU-medlemsstat, en skal være borger i Canada og en skal være borger i et tredjeland. Afdelingens formandskab varetages af det medlem af retten, der er tredjelandsborger.
7.   Rettens formand skal senest 90 dage efter indgivelse af en klage i henhold til artikel 8.23 udnævne de medlemmer af retten, der skal danne den afdeling af retten, som behandler sagen på rotationsbasis, således at det sikres, at afdelingernes sammensætning er tilfældig og uforudsigelig, og skal samtidig give lige muligheder til at tjene for alle rettens medlemmer.
8.   Rettens formand og næstformand skal have ansvaret for de organisatoriske spørgsmål og skal udpeges for en toårig periode ved lodtrækning blandt de af rettens medlemmer, der er tredjelandsstatsborgere. De skal tjene på rotationsbasis efter lodtrækning foretaget af formanden for Det Blandede CETA-Udvalg. Næstformanden skal træde i formandens sted, hvis formanden er forhindret i at deltage.
9.   Uanset stk. 6 kan parterne i tvisten aftale, at en sag skal høres af et enkelt medlem af retten, der udnævnes tilfældigt blandt de medlemmer, der er tredjelandsstatsborgere. Den indklagede skal velvilligt overveje en anmodning fra klager om at få sagen behandlet af et enkelt medlem af retten, navnlig når klager er en lille eller mellemstor virksomhed, eller den kompensation eller skadeserstatning, der kræves, er forholdsvis beskeden. En sådan anmodning skal fremsættes inden oprettelsen af rettens afdeling.
10.   Retten kan fastsætte sine egne arbejdsprocedurer.
11.   Rettens medlemmer skal sikre, at de er tilgængelige og i stand til at udføre de funktioner, som er fastsat i nærværende afdeling.
12.   For at sikre deres tilgængelighed skal rettens medlemmer betales et månedligt forskudshonorar, som fastsættes af Det Blandede CETA-Udvalg.
13.   De i stk. 12 omhandlede honorarer betales ligeligt af de to parter på en konto, der forvaltes af ICSID's sekretariat. Betaler den ene part ikke forskudshonoraret, kan den anden part vælge at betale. En sådan restance, der skyldes af en part, skal forblive skyldig til betaling med passende renter.
14.   Medmindre Det Blandede CETA-Udvalg træffer en beslutning i henhold til stk. 15, skal honorarer og udgifter til rettens medlemmer i en afdeling, der oprettes til at påkende en klage, undtagen de i stk. 12 omhandlede honorarer, være dem, der fastsættes i henhold til regel 14, stk. 1, i de administrations- og finansregler fra ICSID-konventionen, der er i kraft på datoen for indgivelse af klagen, og som fordeles af retten blandt parterne i tvisten i overensstemmelse med artikel 8.39.5.
15.   Det Blandede CETA-Udvalg kan ved beslutning ændre forskudshonoraret og andre honorarer og afgifter og udgifter til en fast løn samt fastlægge nærmere bestemmelser og betingelser.
16.   ICSID's sekretariat skal varetage sekretariatsopgaverne for retten og yder den passende bistand.
17.   Har Det Blandede CETA-Udvalg ikke foretaget udnævnelse i henhold til stk. 2 senest 90 dage efter den dato, hvor en klage indgives til tvistbilæggelse, skal generalsekretæren for ICSID efter anmodning fra en af parterne i tvisten udpege en afdeling bestående af tre medlemmer af retten, medmindre parterne i tvisten er enige om, at sagen skal behandles af et enkelt medlem af retten. Generalsekretæren for ICSID skal foretage udnævnelse ved tilfældig udvælgelse blandt de anmeldte kandidater. Generalsekretæren for ICSID kan ikke udnævne en borger fra enten Canada eller en EU-medlemsstat som formand, medmindre parterne i tvisten aftaler andet.
Artikel 8.28
Appelret
1.   Der oprettes hermed en appelret, som behandler voldgiftskendelser afsagt i henhold til denne afdeling.
2.   Appelretten kan stadfæste, ændre eller omstøde rettens voldgiftskendelse på grundlag af:
a)
fejl ved anvendelsen eller fortolkningen af gældende ret
b)
en åbenbar fejl ved bedømmelsen af de faktiske omstændigheder, herunder fortolkningen af relevant intern lovgivning
c)
de grunde, der er anført i ICSID-konventionens artikel 52, stk. 1, litra a)-e), for så vidt som de ikke er omfattet af litra a) og b).
3.   Medlemmerne af appelretten skal udpeges ved en beslutning truffet af Det Blandede CETA-Udvalg samtidig med, at den i stk. 7 omhandlede beslutning træffes.
4.   Medlemmerne af appelretten skal opfylde kravene i artikel 8.27.4 og overholde artikel 8.30.
5.   Den afdeling af appelretten, der oprettes for at behandle appellen, skal bestå af tre tilfældigt udvalgte medlemmer af appelretten.
6.   Artikel 8.36 og 8.38 finder anvendelse på de retslige procedurer ved appelretten.
7.   Det Blandede CETA-Udvalg skal omgående træffe en beslutning om følgende administrative og organisatoriske aspekter i forbindelse med driften af appelretten:
a)
administrativ bistand
b)
procedurer for indledning og gennemførelse af appeller samt procedurer for at hjemvise spørgsmål til retten med henblik på ændring af voldgiftskendelsen, alt efter hvad der er relevant
c)
procedurer til besættelse af et ledigt sæde ved appelretten og ved en afdeling af appelretten, der oprettes for at behandle en sag
d)
aflønning af appelrettens medlemmer
e)
bestemmelser vedrørende appelomkostningerne
f)
antallet af medlemmer af appelretten, og
g)
andre elementer, som udvalget finder nødvendige for appelrettens effektive virke.
8.   Udvalget for Tjenesteydelser og Investeringer skal med jævne mellemrum vurdere, hvordan appelretten fungerer, og fremsætte anbefalinger til Det Blandede CETA-Udvalg. Det Blandede CETA-Udvalg kan om nødvendigt ændre den i stk. 7 omhandlede beslutning.
9.   Efter vedtagelsen af den i stk. 7 omhandlede beslutning:
a)
kan en part i tvisten appellere en voldgiftskendelse, der er afsagt i henhold til denne afdeling, til appelretten senest 90 dage efter dens afsigelse
b)
må en part i tvisten ikke søge at revidere, tilsidesætte, annullere, ændre eller iværksætte en anden tilsvarende procedure med hensyn til en voldgiftskendelse i henhold til denne afdeling
c)
skal en voldgiftskendelse, der er afsagt i henhold til artikel 8.39, ikke betragtes som endelig, og ingen foranstaltning til fuldbyrdelse af en voldgiftskendelse kan træffes, indtil enten:
i)
90 dage efter rettens afsigelse af voldgiftskendelsen, og der ikke er blevet iværksat appel
ii)
en iværksat appel er blevet afvist eller trukket tilbage, eller
iii)
90 dage efter appelrettens afsigelse af en voldgiftskendelse, og appelretten ikke har hjemvist sagen til retten
d)
skal en endelig voldgiftskendelse fra appelretten betragtes som en endelig voldgiftskendelse for så vidt angår artikel 8.41, og
e)
finder artikel 8.41.3 ikke anvendelse.
Artikel 8.29
Oprettelse af en multilateral investeringsret og appelordning
Parterne skal sammen med andre handelspartnere forfølge det mål at etablere en multilateral investeringsret og en appelordning til bilæggelse af investeringstvister. Det Blandede CETA-Udvalg skal ved oprettelsen af en sådan multilateral ordning vedtage en beslutning om, at investeringstvister under denne afdeling vil blive afgjort i henhold til den multilaterale ordning, og fastlægge passende overgangsordninger.
Artikel 8.30
Etiske regler
1.   Medlemmerne af retten skal være uafhængige. De må ikke være tilknyttet nogen regering. 
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 De må ikke modtage instruktioner fra nogen organisation eller regering i spørgsmål vedrørende tvisten. De må ikke deltage i behandlingen af tvister, der ville kunne skabe en direkte eller indirekte interessekonflikt. De skal overholde Det Internationale Advokatforbunds retningslinjer om interessekonflikter i internationale voldgiftssager og supplerende regler vedtaget i henhold til artikel 8.44.2. De skal desuden efter deres udnævnelse afholde sig fra at handle som rådgivere eller som eksperter eller vidner udpeget af en part i tvisten i eventuelle verserende eller nye investeringstvister, som falder ind under denne eller enhver anden international aftale.
2.   Finder en part i tvisten, at et medlem af retten har en interessekonflikt, kan den opfordre formanden for Den Internationale Domstol til at træffe afgørelse om indsigelsen mod udpegelsen af et sådant medlem. Enhver indsigelsesmeddelelse skal sendes til formanden for Den Internationale Domstol senest 15 dage efter den dato, hvor sammensætningen af rettens afdeling blev meddelt parten i tvisten, eller senest 15 dage efter den dato, hvor parten fik kendskab til de relevante faktiske omstændigheder, hvis de ikke med rimelighed kunne have været kendt på tidspunktet for sammensætningen af afdelingen. Indsigelsesmeddelelsen skal indeholde begrundelsen for indsigelsen.
3.   Har det medlem af retten, der gøres indsigelse mod, senest 15 dage efter datoen for indsigelsesmeddelelsen valgt ikke at træde tilbage fra afdelingen, kan formanden for Den Internationale Domstol efter at have modtaget indlæg fra partnerne i tvisten og efter at have givet rettens medlem mulighed for at fremsætte eventuelle bemærkninger træffe afgørelse om indsigelsen. Formanden for Den Internationale Domstol skal bestræbe sig på at træffe afgørelse og underrette parterne i tvisten og de øvrige medlemmer af afdelingen senest 45 dage efter modtagelse af indsigelsesmeddelelsen. Et ledigt sæde som følge af inhabilitet eller tilbagetrædelse af et medlem af Retten skal besættes hurtigst muligt.
4.   Efter begrundet henstilling fra rettens formand eller efter fælles initiativ kan parterne ved afgørelse truffet af Det Blandede CETA-Udvalg fjerne et medlem fra retten, hvis hans eller hendes adfærd er i strid med de forpligtelser, der er fastlagt i stk. 1, og uforenelig med hans eller hendes fortsatte medlemskab af retten.
Artikel 8.31
Lovvalg og fortolkning
1.   Retten, der er oprettet i henhold til denne afdeling, skal, når den træffer afgørelse, anvende denne aftale, således som den fortolkes i overensstemmelse med Wienerkonventionen om traktatretten og andre folkeretlige regler og principper, der finder anvendelse mellem parterne.
2.   Retten har ikke kompetence til at efterprøve lovligheden af en foranstaltning, der hævdes at udgøre en overtrædelse af denne aftale, i henhold til en parts interne ret. Det præciseres, at retten ved vurderingen af en foranstaltnings forenelighed med denne aftale i givet fald kan tage en parts interne lovgivning i betragtning som en faktisk omstændighed. I den forbindelse skal retten følge den fremherskende fortolkning af den interne lovgivning ved partens domstole eller andre myndigheder, og enhver betydning, som retten tillægger den interne lovgivning, skal ikke være bindende for denne parts domstole eller myndigheder.
3.   Opstår der alvorlig bekymring med hensyn til fortolkningsspørgsmål, der kan påvirke investeringer, kan Udvalget for Tjenesteydelser og Investeringer i henhold til artikel 8.44.3, litra a), henstille til Det Blandede CETA-Udvalg at vedtage fortolkninger af denne aftale. En fortolkning, der vedtages af Det Blandede CETA-Udvalg, er bindende for retten, der er oprettet i henhold til denne afdeling. Det Blandede CETA-Udvalg kan beslutte, at en fortolkning skal have bindende virkning fra en bestemt dato.
Artikel 8.32
Klager, der helt åbenbart er uden retlig substans
1.   Den indklagede kan senest 30 dage efter oprettelse af rettens afdeling og under alle omstændigheder inden det første retsmøde indgive en indsigelse om, at en klage helt åbenbart er uden retlig substans.
2.   Der kan ikke indgives indsigelse i henhold til stk. 1, hvis den indklagede har gjort indsigelse i henhold til artikel 8.33.
3.   Den indklagede skal så præcist som muligt redegøre for grundlaget for indsigelsen.
4.   Retten skal efter modtagelse af en indsigelse i henhold til denne artikel suspendere påkendelsen vedrørende realiteten og fastlægge en tidsplan for behandlingen af en sådan indsigelse i overensstemmelse med sin tidsplan for behandling af andre præjudicielle spørgsmål.
5.   Efter at have givet parterne i tvisten lejlighed til at fremsætte deres bemærkninger skal retten på sit første retsmøde eller snarest derefter træffe en begrundet afgørelse eller afsige en begrundet voldgiftskendelse. I den forbindelse skal retten antage, at de påståede forhold er korrekte.
6.   Denne artikel berører ikke rettens kompetence til at behandle andre indsigelser som et præjudicielt spørgsmål eller den indklagedes ret til i forbindelse med proceduren at rejse den indsigelse, at klagen savner retlig værdi.
Artikel 8.33
Klager, som er retligt ubegrundede
1.   Uden at det berører rettens kompetence til at behandle andre indsigelser som et præjudicielt spørgsmål eller den indklagedes ret til at rejse sådanne indsigelser på et hvilket som helst passende tidspunkt, skal retten, som et præjudicielt spørgsmål behandle og træffe afgørelse om den indklagedes indsigelse om, at en klage eller en del heraf, der indbringes i henhold til artikel 8.23, retligt set ikke er en klage, der i henhold til denne afdeling kan danne grundlag for en kendelse til fordel for klageren, selv hvis de faktiske omstændigheder, der gøres gældende, måtte antages at være korrekte.
2.   En indsigelse i henhold til stk. 1 skal indgives til retten senest den dato, retten fastsætter for den indklagedes indgivelse af svarskrift.
3.   Er en indsigelse indgivet i henhold til artikel 8.32, kan retten, idet den tager hensyn til de nærmere omstændigheder for indsigelsen, nægte at behandle en indsigelse, der indgives i henhold til stk. 1, i henhold til de procedurer, der er fastsat i nærværende artikel.
4.   Retten skal ved modtagelse af en indsigelse i henhold til stk. 1 og i givet fald efter at have truffet en afgørelse i henhold til stk. 3 suspendere enhver påkendelse vedrørende realiteten, fastsætte en tidsplan for behandling af indsigelsen i overensstemmelse med eventuelle tidsplaner, som den måtte have fastlagt for behandling af andre præjudicielle spørgsmål, og træffe begrundet afgørelse eller afsige begrundet voldgiftskendelse om indsigelsen.
Artikel 8.34
Foreløbige sikrende retsmidler
Retten kan pålægge et foreløbigt sikrende retsmiddel for at sikre rettighederne for en part i tvisten eller sikre, at rettens beføjelser forbliver fuldt effektive, herunder ved en kendelse om sikring af bevismateriale, som en part i tvisten besidder eller kontrollerer, eller for at beskytte rettens beføjelser. Retten kan ikke gøre udlæg eller pålægge anvendelsen af den foranstaltning, der påstås at udgøre en overtrædelse, jf. artikel 8.23. Ved anvendelsen af denne artikel omfatter en kendelse en henstilling.
Artikel 8.35
Ophævelse
Træffer investor efter indgivelse af en klage i henhold til denne afdeling ikke nogen foranstaltninger i proceduren i løbet af 180 på hinanden følgende dage eller i en periode, som parterne i tvisten måtte blive enige om, anses investor for at have frafaldet sin klage og for at have ophævet proceduren. Retten skal på begæring af den indklagede og efter meddelelse til parterne i tvisten konstatere ophævelsen ved en kendelse. Når kendelsen er afsagt, ophører rettens kompetence.
Artikel 8.36
Gennemsigtighed i procedurerne
1.   UNCITRAL's gennemsigtighedsregler som ændret ved dette kapitel finder anvendelse i forbindelse med retslige procedurer, der er omfattet af denne afdeling.
2.   Konsultationsanmodningen, meddelelsen om anmodning om udpegning af den indklagede, meddelelsen om udpegning af den indklagede, mæglingsaftalen, hensigtserklæringen om at gøre indsigelse mod et medlem af retten, afgørelsen om indsigelse mod et medlem af retten og sammenlægningsanmodningen skal optages på listen over dokumenter, der skal stilles til rådighed for offentligheden i henhold til artikel 3, stk. 1, i UNCITRAL's gennemsigtighedsregler.
3.   Bevismateriale skal optages på listen over dokumenter, der skal stilles til rådighed for offentligheden i henhold til artikel 3, stk. 2, i UNCITRAL's gennemsigtighedsregler.
4.   Uanset artikel 2 i UNCITRAL's gennemsigtighedsregler skal Canada eller Den Europæiske Union, alt efter omstændighederne, forud for rettens oprettelse rettidigt offentliggøre relevante dokumenter i henhold til stk. 2 med forbehold for redigering af fortrolige eller beskyttede oplysninger. Sådanne dokumenter kan gøres offentligt tilgængelige ved meddelelse til registret.
5.   Høringer skal være åbne for offentligheden. Retten skal i samråd med parterne i tvisten træffe passende logistiske foranstaltninger for at befordre offentlighedens adgang til sådanne høringer. Vurderer retten, at det er nødvendigt at beskytte fortrolige eller beskyttede oplysninger, skal den træffe de nødvendige foranstaltninger til at afholde den del af retsmødet, der kræver en sådan beskyttelse, bag lukkede døre.
6.   Intet i dette kapitel pålægger den indklagede at nægte at give offentligheden oplysninger, som kræves offentliggjort i henhold til egen lovgivning. Den indklagede bør anvende denne lovgivning på en måde, der tager bedst muligt hensyn til beskyttelsen mod videregivelse af oplysninger, som er blevet betegnet som fortrolige eller beskyttede oplysninger.
Artikel 8.37
Udveksling af oplysninger
1.   I forbindelse med de retslige procedurer kan en part i tvisten videregive uredigerede dokumenter, som den finder nødvendige for de retslige procedurer i henhold til denne afdeling, til andre personer, herunder vidner og eksperter. Parten i tvisten skal dog sikre, at disse personer beskytter de fortrolige eller beskyttede oplysninger, som er indeholdt i disse dokumenter.
2.   Denne aftale forhindrer ikke den indklagede i at videregive sådanne uredigerede dokumenter, som den indklagede finder nødvendige i løbet af de retslige procedurer i henhold til denne afdeling, til embedsmænd fra Den Europæiske Union, en EU-medlemsstat eller subnationale regeringer, alt efter omstændighederne. Den indklagede skal dog sikre, at disse embedsmænd beskytter de fortrolige eller beskyttede oplysninger, som er indeholdt i disse dokumenter.
Artikel 8.38
Den ikke-indklagede
1.   Den indklagede skal senest 30 dage efter modtagelse eller umiddelbart efter, at der er fundet en løsning i en tvist vedrørende fortrolige eller beskyttede oplysninger, give den ikke-indklagede:
a)
en konsultationsanmodning, en meddelelse om anmodning om udpegning af den indklagede, en meddelelse om udpegning af den indklagede, en klage indgivet i henhold til artikel 8.23, en sammenlægningsanmodning og ethvert andet dokument, som er vedlagt sådanne dokumenter
b)
på anmodning:
i)
processkrifter, memoer, andragender, anmodninger og andre indlæg til retten fra en part i tvisten
ii)
skriftlige indlæg til retten i henhold til artikel 4 i UNCITRAL's gennemsigtighedsregler
iii)
eventuelle referater eller udskrifter fra rettens høringer, og
iv)
rettens kendelser, voldgiftskendelser og afgørelser, og
c)
på anmodning fra og på den ikke-indklagedes regning alle eller en del af de beviser, som er blevet forelagt retten, medmindre det bevismateriale, der anmodes om, er offentligt tilgængeligt.
2.   Retten skal acceptere eller efter konsultation med parterne i tvisten indkalde mundtlige eller skriftlige indlæg fra den ikke-indklagede vedrørende fortolkningen af denne aftale. Den ikke-indklagede kan overvære en høring, der afholdes i henhold til denne afdeling.
3.   Retten kan ikke tillægge det betydning, at der ikke kommer indlæg i henhold til stk. 2.
4.   Retten skal sikre, at parterne i tvisten får rimelig mulighed for at fremlægge deres bemærkninger til indlæg fra den ikke-indklagede part i denne aftale.
Artikel 8.39
Endelig voldgiftskendelse
1.   Afsiger retten en endelig voldgiftskendelse, der går indklagede imod, kan den, hver for sig eller kombineret, kun afsige voldgiftskendelse om:
a)
økonomisk erstatning og eventuelle renter
b)
tilbagelevering af ejendom, i hvilket tilfælde det i voldgiftskendelsen skal bestemmes, at den indklagede i stedet for tilbagelevering kan betale en økonomisk erstatning svarende til en rimelig markedsværdi af ejendommen på tidspunktet, umiddelbart inden ekspropriationen eller den forestående ekspropriation blev kendt, alt efter hvilken dato der kommer først, samt eventuelle renter, der fastsættes på en måde, der er i overensstemmelse med artikel 8.12.
2.   Med forbehold af stk. 1 og 5, hvis en klage indgives i henhold til artikel 8.23.1, litra b):
a)
skal det fremgå af en voldgiftskendelse om økonomisk erstatning og eventuelle renter, at beløbet betales til den lokalt etablerede virksomhed
b)
skal det fremgå af en voldgiftskendelse om tilbagelevering af ejendom, at der sker tilbagelevering til den lokalt etablerede virksomhed
c)
skal det fremgå af en voldgiftskendelse om omkostninger til fordel for investor, at disse betales til investor, og
d)
skal det fremgå af voldgiftskendelsen, at den er truffet med forbehold for de rettigheder, som en person, undtagen en person, der har givet afkald i henhold til artikel 8.22, kan have til økonomisk erstatning eller ejendom, der tildeles i henhold til en parts lovgivning.
3.   En økonomisk skadeserstatning må ikke være større end det tab, som investoren eller i givet fald den lokalt etablerede virksomhed har lidt, nedsat med en eventuel forudgående skadeserstatning eller kompensation, der allerede er givet. Til beregning af økonomisk erstatning skal retten også nedsætte beløbet under hensyntagen til en eventuel tilbagelevering af ejendom eller ophævelse eller ændring af foranstaltningen.
4.   Retten kan ikke tilkende pønalt begrundet erstatning.
5.   Retten skal bestemme, at omkostningerne i forbindelse med de retslige procedurer skal afholdes af den part i tvisten, der ikke får medhold. Under ganske særlige omstændigheder kan retten fordele omkostningerne mellem parterne i tvisten, hvis den fastslår, at fordeling er passende under hensyntagen til sagens omstændigheder. Andre rimelige omkostninger, herunder omkostninger til juridisk repræsentation og bistand, afholdes af den part i tvisten, der ikke får medhold, medmindre retten bestemmer, at en sådan fordeling af omkostningerne er urimelig under hensyntagen til sagens omstændigheder. Er der kun givet medhold i dele af påstandene, fordeles omkostningerne proportionelt med antallet eller omfanget af de påstande, der er givet medhold i.
6.   Det Blandede CETA-Udvalg behandler supplerende regler, der har til formål at mindske den finansielle byrde for de klagere, som er fysiske personer eller små og mellemstore virksomheder. Sådanne supplerende regler kan navnlig tage hensyn til sådanne klageres finansielle ressourcer og til størrelsen af den søgte kompensation.
7.   Retten og parterne i tvisten bestræber sig på at sikre, at tvistbilæggelsen finder sted rettidigt. Retten skal afsige sin endelige voldgiftskendelse senest 24 måneder efter den dato, hvor klagen indgives i henhold til artikel 8.23. Kræver retten ekstra tid for at afsige sin endelige voldgiftskendelse, skal den oplyse parterne i tvisten om årsagerne til forsinkelsen.
Artikel 8.40
Godtgørelse eller anden kompensation
Den indklagede kan ikke fremsætte, og retten kan ikke godtage, en indsigelse, et modkrav, modregningsrettigheder eller en anden påstand om, at investor eller i givet fald en lokalt etableret virksomhed har modtaget eller vil modtage godtgørelse eller anden kompensation i henhold til en forsikrings- eller garantikontrakt for hele eller en del af den kompensation, der søges opnået ved en klage, som er indgivet i henhold til denne afdeling.
Artikel 8.41
Håndhævelse af voldgiftskendelser
1.   En voldgiftskendelse, der udstedes i henhold til denne afdeling, er bindende mellem parterne i tvisten og med hensyn til den pågældende sag.
2.   En part i tvisten skal anerkende og efterkomme en voldgiftskendelse uden forsinkelse, jf. dog stk. 3.
3.   En part i tvisten kan ikke anmode om fuldbyrdelse af en endelig voldgiftskendelse, indtil:
a)
i tilfælde af en endelig voldgiftskendelse afsagt i henhold til ICSID-konventionen:
i)
120 dage fra den dato, hvor voldgiftskendelsen blev afsagt, og ingen parter i tvisten har anmodet om revision eller ophævelse af voldgiftskendelsen, eller
ii)
fuldbyrdelse af voldgiftskendelsen er blevet udsat, og de retslige procedurer i forbindelse med revision eller omstødelse er afsluttet.
b)
i tilfælde af en endelig voldgiftskendelse afsagt i henhold til reglerne for ICSID's supplerende ordning, UNCITRAL's voldgiftsregler eller andre regler, der finder anvendelse i henhold til artikel 8.23.2, litra d):
i)
90 dage fra den dato, hvor voldgiftskendelsen blev afsagt, og ingen parter i tvisten har iværksat retslige procedurer med henblik på revision, henlæggelse eller ophævelse af voldgiftskendelsen, eller
ii)
fuldbyrdelse af voldgiftskendelsen er blevet udsat, og en domstol har afvist eller taget til følge en begæring om revision, henlæggelse eller ophævelse af voldgiftskendelsen, og der er ingen yderligere appel.
4.   Voldgiftskendelsens fuldbyrdelse skal være underlagt den lovgivning vedrørende fuldbyrdelse af domme og voldgiftskendelser, der er i kraft, hvor der søges om fuldbyrdelse.
5.   En endelig voldgiftskendelse, der afsiges i henhold til denne afdeling, er en voldgiftskendelse, som anses at vedrøre et krav, der udspringer af et handelsforhold eller en handelstransaktion, med henblik på artikel 1 i New York-konventionen.
6.   Det præciseres, at en endelig voldgiftskendelse, der er udstedt i henhold til denne afdeling, skal kvalificeres som en voldgiftskendelse under kapitel IV, afsnit 6, i ICSID-konventionen, hvis der er indgivet klage i henhold til artikel 8.23.2, litra a).
Artikel 8.42
Parternes rolle
1.   En part må ikke indgive en international klage i forbindelse med en klage, der er indgivet i henhold til artikel 8.23, medmindre den anden part har undladt at følge og efterleve den voldgiftskendelse, der er afsagt i tvisten.
2.   Stk. 1 udelukker ikke anvendelsen af tvistbilæggelsesprocedurerne i kapitel niogtyve (tvistbilæggelse) i forbindelse med en alment gældende foranstaltning, heller ikke selv om den pågældende foranstaltning angiveligt udgør en overtrædelse af aftalen for så vidt angår en specifik investering, for hvilken der er indgivet klage i henhold til artikel 8.23, og berører ikke artikel 8.38.
3.   Stk. 1 er ikke til hinder for uformelle udvekslinger alene med det formål at fremme en bilæggelse af tvisten.
Artikel 8.43
Sammenlægning
1.   Har to eller flere klager, som er indgivet separat i henhold til artikel 8.23, et retligt eller faktisk spørgsmål til fælles, og udspringer de af de samme begivenheder eller omstændigheder, kan en part i tvisten eller parterne i tvisten sammen anmode om oprettelse af en særlig afdeling af retten i henhold til denne artikel og anmode om, at denne afdeling afsiger en sammenlægningskendelse (»sammenlægningsanmodning«).
2.   En part i tvisten, der anmoder om en sammenlægningskendelse, skal først fremsende en meddelelse til de andre parter i tvisten, som søges omfattet af denne kendelse.
3.   Er parterne i tvisten, der er blevet underrettet i henhold til stk. 2, nået til enighed om at anmode om en sammenlægningkendelse, kan de indgive en fælles anmodning om oprettelse af en særlig afdeling af retten og en sammenlægningskendelse i medfør af denne artikel. Er parterne i tvisten, der er blevet underrettet i henhold til stk. 2, ikke nået til enighed om at anmode om en sammenlægningkendelse senest 30 dage efter at have modtaget meddelelsen, kan en part i tvisten indgive en anmodning om oprettelse af en særlig afdeling af retten og om en sammenlægningskendelse i medfør af denne artikel.
4.   Anmodningen skal indgives skriftligt til formanden for retten og alle parter i tvisten, som søges omfattet af kendelsen, og skal indeholde oplysninger om:
a)
navn og adresse på de parter i tvisten, som søges omfattet af kendelsen
b)
de krav eller dele heraf, som søges omfattet af kendelsen, og
c)
grundene til, at der anmodes om en kendelse.
5.   En sammenlægningsanmodning, der involverer mere end en indklaget, skal godkendes af alle de indklagede.
6.   De regler, der gælder for de retslige procedurer i medfør af denne artikel bestemmes som følger:
a)
er alle de klager, for hvilke der anmodes om en sammenlægningskendelse, blevet indgivet til tvistbilæggelse i henhold til de samme regler i henhold til artikel 8.23, finder disse regler anvendelse
b)
er de klager, for hvilke der anmodes om en sammenlægningskendelse, ikke blevet indgivet til voldgift i henhold til samme regler:
i)
kan investorerne i fællesskab blive enige om reglerne i henhold til artikel 8.23.2, eller
ii)
hvis investorerne ikke kan blive enige om, hvilke regler der finder anvendelse, senest 30 dage efter, at formanden for retten har modtaget sammenlægningsanmodningen, gælder UNCITRAL's voldgiftsregler.
7.   Formanden for retten skal efter modtagelse af sammenlægningsanmodningen og i overensstemmelse med kravene i artikel 8.27.7 oprette en ny afdeling (»sammenlægningsafdeling«) af retten, som skal have kompetence vedrørende nogle af eller alle de klager, helt eller delvis, som er genstand for den fælles sammenlægningsanmodning.
8.   Finder en sammenlægningsafdeling efter at have hørt parterne i tvisten det godtgjort, at klager, der er indgivet i henhold til artikel 8.23, har et retligt eller faktisk spørgsmål til fælles og udspringer af de samme begivenheder eller omstændigheder, og at sammenlægning bedst ville tilgodese hensynet til en retfærdig og effektiv løsning på klagerne, herunder hensynet til overensstemmelse mellem voldgiftskendelser, kan rettens sammenlægningsafdeling ved kendelse erklære sig kompetent vedrørende nogle af eller alle klagerne, helt eller delvis.
9.   Har rettens sammenlægningsafdeling erklæret sig kompetent i henhold til stk. 8, kan en investor, der har indgivet en klage i henhold til artikel 8.23, og hvis klage ikke er blevet sammenlagt, indgive en skriftlig anmodning til retten om, at klagen medtages i en sådan kendelse, forudsat at anmodningen opfylder betingelserne i stk. 4. Rettens sammenlægningsafdeling skal afsige en sådan kendelse, hvis den finder, at betingelserne i stk. 8 er opfyldt, og at imødekommelsen af en sådan anmodning ikke vil medføre en urimelig byrde eller urimelig skade for parterne i tvisten eller forstyrre de retlige procedurer unødigt. Inden rettens sammenlægningsafdeling afgiver denne kendelse, skal den høre parterne i tvisten.
10.   Efter anmodning fra en part i tvisten kan rettens sammenlægningsafdeling, som er oprettet i henhold til denne artikel, indtil den har truffet afgørelse i henhold til stk. 8, bestemme, at de retslige procedurer ved rettens afdeling, der er udpeget i henhold til artikel 8.27.7, udsættes, medmindre sidstnævnte ret allerede har ophævet sine retslige procedurer.
11.   Rettens afdeling, der er udpeget i henhold til artikel 8.27.7, skal afgive kompetence vedrørende klager, eller dele heraf, over hvilken en sammenlægningsafdeling under retten, der er oprettet i henhold til denne artikel, har erklæret sig kompetent.
12.   En voldgiftskendelse fra en sammenlægningsafdeling under retten, der er oprettet i henhold til denne artikel, i forhold til disse krav eller dele heraf, for hvilke den har påtaget sig kompetencen, er bindende for rettens afdeling, der er udpeget i henhold til artikel 8.27.7, for så vidt angår disse klager eller dele heraf.
13.   En investor kan trække en klage i henhold til denne afdeling, der er genstand for sammenlægning, tilbage, og en sådan klage kan ikke indgives igen i henhold til artikel 8.23. Sker dette senest 15 dage efter modtagelse af sammenlægningsmeddelelsen, er den tidligere indgivelse af klagen ikke til hinder for, at investor gør brug af andre tvistbilæggelsesordninger end i henhold til denne afdeling.
14.   En sammenlægningsafdeling under retten kan efter anmodning fra en investor træffe sådanne foranstaltninger, som den finder egnet til at beskytte fortrolige eller beskyttede oplysninger om investor over for andre investorer. Sådanne foranstaltninger kan omfatte forelæggelse af redigerede versioner af de dokumenter, der indeholder fortrolige eller beskyttede oplysninger, for de andre investorer eller ordninger med henblik på at afholde dele af høringen for lukkede døre.
Artikel 8.44
Udvalget for Tjenesteydelser og Investeringer
1.   Udvalget for Tjenesteydelser og Investeringer skal være et forum for parterne til at konsultere hinanden om spørgsmål vedrørende dette kapitel, herunder:
a)
vanskeligheder i forbindelse med gennemførelsen af dette kapitel
b)
mulige forbedringer af dette kapitel, navnlig i lyset af erfaringerne og udviklingen i andre internationale fora og under parternes øvrige aftaler.
2.   Udvalget for Tjenesteydelser og Investeringer skal efter aftale mellem parterne og efter opfyldelse af deres respektive interne krav og procedurer vedtage en adfærdskodeks for medlemmerne af retten til anvendelse i tvister, der opstår i forbindelse med dette kapitel, som eventuelt erstatter eller supplerer de gældende bestemmelser og kan vedrøre spørgsmål som:
a)
oplysningsforpligtelser
b)
uafhængighed og upartiskhed for medlemmer af retten, og
c)
fortrolighed.
Parterne skal bestræbe sig på at sikre, at adfærdskodeksen vedtages senest den første dag for den midlertidige anvendelse eller ikrafttræden af denne aftale, alt efter tilfældet, og under alle omstændigheder ikke senere end to år efter denne dato.
3.   Udvalget for Tjenesteydelser og Investeringer kan efter aftale mellem parterne og efter, at parternes respektive interne krav og procedurer er opfyldt:
a)
anbefale Det Blandede CETA-Udvalg at vedtage fortolkninger af nærværende aftale i henhold til artikel 8.31.3
b)
vedtage og ændre bestemmelser, som supplerer de gældende regler for tvistbilæggelse, og ændre de gældende regler om gennemsigtighed. Sådanne regler og ændringer er bindende for retten, der er oprettet i henhold til denne afdeling
c)
vedtage regler for mægling til brug for parterne i tvisten, jf. artikel 8.20
d)
anbefale Det Blandede CETA-Udvalg at vedtage fortolkninger af eventuelle yderligere elementer i forpligtelsen til rimelig og retfærdig behandling i henhold til artikel 8.10.3 og
e)
fremsætte anbefalinger til Det Blandede CETA-Udvalg om appelrettens fungeren i henhold til artikel 8.28.8.
Artikel 8.45
Udelukkelse
Tvistbilæggelsesbestemmelserne i denne afdeling og kapitel niogtyve (tvistbilæggelse) finder ikke anvendelse på de spørgsmål, der er omhandlet i bilag 8-C.
KAPITEL NI
Grænseoverskridende handel med tjenesteydelser
Artikel 9.1
Definitioner
Med henblik på dette kapitel forstås ved:
tjenesteydelser i forbindelse med reparation og vedligeholdelse af flyvemaskiner
: aktiviteter, der udføres på et luftfartøj eller en del heraf, mens det er taget ud af drift, og som ikke omfatter såkaldt linjevedligeholdelse
lufthavnstjenesteydelser
: drift eller forvaltning på honorar- eller kontraktbasis af lufthavnsinfrastrukturer, herunder terminaler, start- og landingsbaner, rullebaner og forpladser, parkeringsområder og interne lufthavnstransportsystemer. Det præciseres, at lufthavnstjenesteydelser ikke omfatter ejerskab af eller investeringer i lufthavne eller lufthavnsarealer eller nogen af de funktioner, der varetages af en bestyrelse. Lufthavnstjenesteydelser omfatter ikke luftfartstjenesteydelser
tjenesteydelser i forbindelse med edb-reservationssystemer
: levering af tjenesteydelser gennem datamatiserede systemer, som indeholder oplysninger om flyselskabers fartplaner, disponibilitet, priser og prisregler, og gennem hvilke der kan foretages reservationer eller udstedes billetter
grænseoverskridende handel med tjenesteydelser
 eller 
grænseoverskridende levering af tjenesteydelser
: levering af en tjenesteydelse:
a)
fra den ene parts territorium til den anden parts territorium, eller
b)
på den ene parts territorium til en forbruger af tjenesteydelsen fra den anden part,
men omfatter ikke levering af en tjenesteydelse på den ene parts territorium af en person fra den anden part.
groundhandlingstjenesteydelser
: levering af en tjenesteydelse på honorar- eller kontraktbasis for: groundadministration og -overvågning, herunder lastkontrol og kommunikation, passagererbetjening, bagagehåndtering, håndtering af gods og post, forpladshandling og servicering af fly, brændstof- og oliehåndtering, luftfartøjslinjevedligeholdelse, flyveteknisk bistand og administration af flybesætninger, overfladetransport eller cateringtjenesteydelser. Groundhandlingstjenesteydelser omfatter ikke vagttjenesteydelser eller drift eller forvaltning af centraliserede lufthavnsinfrastrukturer, såsom bagagehåndteringssystemer, afisningsfaciliteter, brændstofsfordelingssystemer eller interne lufthavnstransportsystemer
salg og markedsføring af lufttransportydelser
: det pågældende luftfartsselskabs muligheder for frit at sælge og markedsføre sine lufttransportydelser, herunder alle aspekter af markedsføring såsom markedsanalyse, annoncering og distribution, men uden at dette omfatter prisfastsættelse for lufttransportydelser eller de gældende betingelser, og
tjenesteydelser, der leveres under udøvelse af regeringsmyndighed
: enhver tjenesteydelse, der ikke leveres på et kommercielt grundlag eller i konkurrence med en eller flere tjenesteydere.
Artikel 9.2
Anvendelsesområde
1.   Dette kapitel finder anvendelse på foranstaltninger, der indføres eller opretholdes af en part, og som påvirker grænseoverskridende handel med tjenesteydelser fra en tjenesteyder fra den anden part, herunder foranstaltninger, der påvirker:
a)
produktion, distribution, markedsføring, salg og levering af en tjenesteydelse
b)
indkøb af, brug af eller betaling for en tjenesteydelse, og
c)
i forbindelse med leveringen af en tjenesteydelse, adgangen til og brugen af tjenesteydelser, som kræves tilbudt offentligheden i almindelighed.
2.   Dette kapitel finder ikke anvendelse på foranstaltninger, der påvirker:
a)
tjenesteydelser, der leveres under udøvelse af regeringsmyndighed
b)
for så vidt angår Den Europæiske Union audiovisuelle tjenesteydelser
c)
for så vidt angår Canada kulturelle industrier
d)
finansielle tjenesteydelser som defineret i artikel 13.1 (definitioner)
e)
luftfartstjenesteydelser, tilknyttede tjenesteydelser til støtte for luftfartstjenesteydelser og andre tjenesteydelser, der leveres ved lufttransport 
(
13
)
, undtagen:
i)
tjenesteydelser i forbindelse med reparation og vedligeholdelse af flyvemaskiner
ii)
salg og markedsføring af lufttransporttjenesteydelser
iii)
tjenesteydelser i forbindelse med edb-reservationssystemer (CRS)
iv)
groundhandlingstjenesteydelser
v)
lufthavnstjenesteydelser
f)
en parts indkøb af en vare eller en tjenesteydelse til statslig brug og uden sigte på kommercielt videresalg eller anvendelse i forbindelse med levering af en vare eller en tjenesteydelse til kommercielt salg, uanset om dette offentlige udbud er et »omfattet udbud«, jf. artikel 19.2.2 (anvendelsesområde og dækning), eller
g)
subsidier eller anden statsstøtte i forbindelse med grænseoverskridende handel med tjenesteydelser, der leveres af en part.
3.   Dette kapitel berører ikke parternes rettigheder og forpligtelser i medfør af 
lufttransportaftalen mellem Canada og Det Europæiske Fællesskab og dets medlemsstater
, indgået den 17. december 2009 i Bruxelles og den 18. december 2009 i Ottawa.
4.   Dette kapitel pålægger ikke en part nogen forpligtelse i forhold til en borger fra den anden part, som søger adgang til dens arbejdsmarked, eller fast beskæftigelse på dens territorium, eller giver den pågældende borger nogen rettigheder for så vidt angår adgang eller beskæftigelse.
Artikel 9.3
National behandling
1.   Hver af parterne skal indrømme tjenesteydere og tjenesteydelser fra den anden part en behandling, der ikke er mindre gunstig end den, den pågældende part i tilsvarende situationer indrømmer sine egne tjenesteydere og tjenesteydelser.
2.   Det præciseres, at der ved behandling, der indrømmes af en part i henhold til stk. 1, for så vidt angår enhver anden regering i Canada end på føderalt plan eller for så vidt angår en regering i eller inden for en EU-medlemsstat forstås en behandling, der ikke er mindre gunstig end den mest gunstige behandling, som denne regering i lignende situationer indrømmer egne tjenesteydere og tjenesteydelser.
Artikel 9.4
Formelle krav
Artikel 9.3 er ikke til hinder for, at en part kan træffe eller opretholde en foranstaltning, der fastsætter formelle krav i forbindelse med leveringen af en tjenesteydelse, forudsat at sådanne krav ikke anvendes på en måde, der vil udgøre et middel til vilkårlig eller uberettiget forskelsbehandling. Disse foranstaltninger omfatter krav om:
a)
at opnå en licens, registrering, godkendelse eller tilladelse til at levere en tjenesteydelse eller som betingelse for medlemskab af et bestemt erhverv, såsom krav om medlemskab af en faglig organisation eller deltagelse i kollektive kompensationsfonde for medlemmer af faglige organisationer
b)
at en tjenesteyder har en lokal repræsentant eller en lokal adresse
c)
at tale et nationalt sprog eller være i besiddelse af et kørekort, eller
d)
at en tjenesteyder:
i)
opretter et gældspapir eller en anden form for finansiel sikkerhed
ii)
etablerer eller bidrager til en forvaltningskonto
iii)
opretholder en særlig type forsikring og forsikringsdækning
iv)
yder andre lignende garantier, eller
v)
giver adgang til registre.
Artikel 9.5
Mestbegunstigelsesbehandling
1.   Hver af parterne skal indrømme tjenesteydere og tjenesteydelser fra den anden part en behandling, der ikke er mindre gunstig end den, de i tilsvarende situationer indrømmer tjenesteydere og tjenesteydelser fra et tredjeland.
2.   Det præciseres, at der ved behandling, der indrømmes af en part i henhold til stk. 1, for så vidt angår enhver anden regering i Canada end på føderalt plan eller for så vidt angår en regering i eller inden for en EU-medlemsstat forstås den behandling, der i lignende situationer indrømmes af denne regering på sit territorium til tjenesteydere eller tjenesteydelser fra et tredjeland.
3.   Stk. 1 finder ikke anvendelse på en behandling, der indrømmes af en part i henhold til en allerede gældende eller fremtidig foranstaltning, der giver mulighed for anerkendelse, herunder gennem en ordning eller aftale med et tredjeland, der anerkender akkrediteringen af tjenesteydelser og tjenesteydere med hensyn til prøvning og analyse, akkrediteringen af tjenesteydelser og tjenesteydere med hensyn til reparation og vedligeholdelse samt certificeringen af sådanne akkrediterede tjenesteydelsers og tjenesteyderes kvalifikationer, resultater eller udførte arbejde.
Artikel 9.6
Markedsadgang
En part må for hele sit territorium eller for et territorium på nationalt, provinsielt, territorialt, regionalt eller lokalt regeringsniveau ikke indføre eller opretholde foranstaltninger, som medfører en begrænsning af:
a)
antallet af tjenesteydere, hvad enten det er i form af numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
den samlede værdi af servicetransaktioner eller aktiver i form af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
c)
det samlede antal tjenesteoperationer eller den samlede produktion af tjenesteydelser udtrykt som specifikke numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve.
Artikel 9.7
Forbehold
1.   Artikel 9.3, 9.5 og 9.6 finder ikke anvendelse på:
a)
en eksisterende uforenelig foranstaltning, som opretholdes af en part på:
i)
EU-niveau som fastsat i EU's liste i bilag I
ii)
nationalt regeringsniveau som fastsat af denne part i sin liste i bilag I
iii)
provinsielt, territorialt eller regionalt regeringsniveau som fastsat af denne part i sin liste i bilag I, eller
iv)
lokalt regeringsniveau
b)
fortsat anvendelse eller omgående fornyelse af en uforenelig foranstaltning som omhandlet i litra a), eller
c)
en ændring af en uforenelig foranstaltning som omhandlet i litra a) i det omfang, ændringen ikke gør foranstaltningen endnu mere uforenelig med artikel 9.3, 9.5 og 9.6, end den var umiddelbart før ændringen.
2.   Artikel 9.3, 9.5 og 9.6 finder ikke anvendelse på foranstaltninger, som en part indfører eller opretholder med hensyn til en sektor, delsektor eller aktivitet som fastsat i sin liste i bilag II.
Artikel 9.8
Nægtelse af fordele
En part kan nægte at indrømme fordelene i medfør af dette kapitel til en tjenesteyder fra den anden part, som er en virksomhed i denne part, og til tjenesteydelserne fra denne tjenestetyder, hvis:
a)
en tjenesteyder fra et tredjeland ejer eller kontrollerer virksomheden, og
b)
den nægtende part i forhold til tredjelandet indfører eller opretholder en foranstaltning, der:
i)
vedrører opretholdelse af international fred og sikkerhed, og
ii)
forbyder transaktioner med virksomheden eller ville blive tilsidesat eller omgået, hvis fordelene i medfør af dette kapitel blev indrømmet virksomheden.
KAPITEL TI
Fysiske personers midlertidige indrejse og ophold i forretningsøjemed
Artikel 10.1
Definitioner
I dette kapitel forstås ved:
leverandører af kontraktbaserede tjenesteydelser
: fysiske personer, som er ansat af en virksomhed i en af parterne, som ikke er etableret på den anden parts territorium, og som i god tro har indgået en kontrakt (dog ikke gennem et bureau som defineret i CPC 872) om levering af en tjenesteydelse til en forbruger fra den anden part, der kræver midlertidig tilstedeværelse af medarbejderne på den anden parts territorium for at kunne opfylde kontrakten om levering af en tjenesteydelse
virksomhed
: en virksomhed som defineret i artikel 8.1 (definitioner)
selvstændige erhvervsdrivende
: fysiske personer, som er beskæftigede med levering af en tjenesteydelse og er etablerede som selvstændige på en parts territorium, som ikke er etableret på den anden parts territorium, og som i god tro har indgået en kontrakt (dog ikke gennem et bureau som defineret i CPC 872) om levering af en tjenesteydelse til en forbruger fra den anden part, der kræver midlertidig tilstedeværelse af den fysiske person på den anden parts territorium for at kunne opfylde kontrakten om levering af en tjenesteydelse;
nøglepersonale
: forretningsrejsende i investeringsøjemed, investorer eller virksomhedsinternt udstationerede:
a)
forretningsrejsende i investeringsøjemed
 fysiske personer, der arbejder i en ledende eller specialiseret stilling, som er ansvarlige for oprettelse af en virksomhed, men som ikke er beskæftiget med direkte transaktioner med offentligheden og ikke modtager vederlag fra en kilde beliggende i værtsparten
b)
investorer
: fysiske personer, der opretter, udvikler eller forvalter en investering som tilsynsorgan eller bestyrelse, og hvortil disse personer eller virksomheden, der beskæftiger disse personer, har disponeret eller er i færd med at disponere et betydeligt kapitalbeløb, og
c)
virksomhedsinternt udstationerede
: fysiske personer, der i mindst et år har været ansat i en virksomhed i en part eller har været partnere i en virksomhed i en part, og som midlertidigt er overflyttet til en virksomhed (der kan være et datterselskab, en filial eller hovedvirksomheden i en part) på den anden parts territorium. Den pågældende fysiske person skal tilhøre en af følgende kategorier:
i)
ledende personale
: fysiske personer, der arbejder i en ledende stilling i en virksomhed, som:
A)
primært leder virksomhedens ledelse eller leder virksomheden eller en afdeling eller underafdeling af virksomheden, og
B)
har vide skønsmæssige beføjelser i beslutningsprocessen, hvilket kan omfatte bemyndigelse til personligt at ansætte og afskedige personale eller træffe andre personalerelaterede foranstaltninger (såsom forfremmelse eller tildeling af ferie), og
I)
kun modtager generelle tilsyns- eller ledelsesinstrukser hovedsagelig fra et højere direktørniveau, bestyrelsen eller aktionærerne i virksomheden eller tilsvarende, eller
II)
fører tilsyn og kontrol med andre tilsyns-, fag- eller ledelsesmedarbejderes arbejde og udøver skønsbeføjelser over den daglige drift, eller
ii)
specialister
: fysiske personer, der arbejder i en virksomhed, som besidder:
A)
en særlig viden om virksomhedens produkter eller tjenesteydelser og deres anvendelse på de internationale markeder, eller
B)
en høj grad af ekspertise eller viden om virksomhedens processer og procedurer, såsom produktion, forskningsudstyr, teknikker eller ledelse.
Ved bedømmelsen af en sådan ekspertise eller viden skal parterne tage eventuelle kompetencer, som er usædvanlige og anderledes end dem, der generelt findes inden for en bestemt branche, og som ikke uden videre kan overføres til en anden fysisk person på kort sigt, i betragtning. Disse kompetencer vil som regel være opnået gennem specifik akademisk uddannelse eller en omfattende erfaring med virksomheden, eller
iii)
praktikanter
: fysiske personer, som:
A)
har en universitetsgrad og
B)
er midlertidigt overført til en virksomhed på den anden parts territorium i forbindelse med deres faglige udvikling eller for at uddanne sig i bestemte forretningsteknikker og –metoder, og
fysiske personer i forretningsøjemed
: nøglepersonale, leverandører af kontraktbaserede tjenesteydelser, selvstændige erhvervsdrivende eller forretningsrejsende på kortvarigt ophold, der er statsborgere i en part.
Artikel 10.2
Mål og anvendelsesområde
1.   Dette kapitel afspejler de privilegerede handelsforbindelser mellem parterne samt det fælles mål om at fremme handelen med tjenesteydelser og investeringer ved at tillade midlertidig indrejse og ophold til fysiske personer i forretningsøjemed og ved at sikre gennemsigtige procedurer.
2.   Dette kapitel finder anvendelse på foranstaltninger, der indføres eller opretholdes af en part, vedrørende midlertidig indrejse og ophold på dens territorium for nøglepersonale, leverandører af kontraktbaserede tjenesteydelser, selvstændige erhvervsdrivende og forretningsrejsende på kortvarigt ophold. Dette kapitel finder ikke anvendelse på foranstaltninger, som vedrører fysiske personer, der søger adgang til arbejdsmarkedet i en af parterne, og ej heller på foranstaltninger vedrørende statsborgerskab, bopæl eller fast beskæftigelse.
3.   Intet i dette kapitel er til hinder for, at parterne kan anvende foranstaltninger til at regulere fysiske personers indrejse i eller midlertidige ophold på deres territorium, herunder sådanne foranstaltninger, som er nødvendige for at beskytte deres grænsers integritet og sikre en ordnet grænsepassage for fysiske personer, forudsat at disse foranstaltninger ikke anvendes på en sådan måde, at de ophæver eller forringer fordelene for en af parterne i henhold til dette kapitel. Den omstændighed, at der stilles visumkrav for fysiske personer fra bestemte lande og ikke for andre, anses ikke i sig selv for at ophæve eller forringe fordelene i henhold til denne aftale.
4.   I det omfang der ikke er indgået forpligtelser ved dette kapitel, gælder alle andre krav i parternes love vedrørende indrejse og ophold fortsat, herunder bestemmelser om opholdsperiode.
5.   Uanset bestemmelserne i dette kapitel finder samtlige krav i parternes love vedrørende arbejde og socialsikringsforanstaltninger fortsat anvendelse, herunder bestemmelser om mindsteløn og kollektive lønoverenskomster.
6.   Dette kapitel finder ikke anvendelse i tilfælde, hvor hensigten eller virkningen af midlertidig indrejse og ophold er at gribe ind eller på anden måde påvirke resultatet af en arbejds- eller ledelseskonflikt eller -forhandling eller beskæftigelsen af fysiske personer, som er involveret i en sådan konflikt eller forhandling.
Artikel 10.3
Generelle forpligtelser
1.   Hver af parterne skal tillade midlertidig indrejse for fysiske personer i forretningsøjemed fra den anden part, der i øvrigt opfylder partens indvandringsbestemmelser vedrørende midlertidig indrejse i overensstemmelse med dette kapitel.
2.   Hver af parterne skal anvende deres foranstaltninger vedrørende bestemmelserne i dette kapitel i overensstemmelse med artikel 10.2.1, og især anvende disse foranstaltninger således, at det undgås at skade eller forsinke handelen med varer eller tjenesteydelser eller udførelsen af investeringsaktiviteter i henhold til denne aftale.
3.   Hver af parterne skal sikre, at gebyrer for behandlingen af ansøgninger om midlertidig indrejse er rimelige og står i forhold til de faktiske omkostninger.
Artikel 10.4
Afgivelse af oplysninger
1.   I forlængelse af kapitel syvogtyve (gennemsigtighed) og i betragtning af, at det er vigtigt for parterne at sikre gennemsigtige oplysninger om midlertidig indrejse, skal hver af parterne senest 180 dage efter datoen for denne aftales ikrafttræden stille forklarende materiale vedrørende kravene til midlertidig indrejse i henhold til dette kapitel til rådighed for den anden part, der gør det muligt for erhvervsdrivende fra den anden part at få kendskab til disse krav.
2.   Indsamler og vedligeholder en part data vedrørende midlertidig indrejse for hver kategori af erhvervsdrivende i henhold til nærværende kapitel, skal denne part på anmodning stille disse data til rådighed for den anden part i overensstemmelse med sin lovgivning vedrørende beskyttelse af privatlivets fred og databeskyttelse.
Artikel 10.5
Kontaktpunkter
1.   Parterne nedsætter herved følgende kontaktpunkter:
a)
for så vidt angår Canada:
Director
Temporary Resident Policy
Immigration Branch
Citizenship and Immigration Canada
b)
for så vidt angår Den Europæiske Union:
Generaldirektøren
Generaldirektoratet for Handel
Europa-Kommissionen
c)
for så vidt angår EU-medlemsstaterne: de kontaktpunkter, der er anført i bilag 10-A, eller hvad der måtte træde i steder herfor.
2.   Kontaktpunkterne i Canada og Den Europæiske Union samt i givet fald EU-medlemsstaternes kontaktpunkter skal udveksle oplysninger i henhold til artikel 10.4 og mødes efter behov for at behandle spørgsmål i forbindelse med dette kapitel, såsom:
a)
gennemførelsen og forvaltningen af dette kapitel, herunder parternes praksis med hensyn til at tillade midlertidig indrejse
b)
udvikling og vedtagelse af fælles kriterier samt fortolkninger til gennemførelse af dette kapitel
c)
udviklingen af foranstaltninger, der yderligere kan fremme midlertidig indrejse for erhvervsdrivende, og
d)
anbefalinger til Det Blandede CETA-Udvalg vedrørende dette kapitel.
Artikel 10.6
Forpligtelser i andre kapitler
1.   Denne aftale pålægger ikke parterne nogen forpligtelser vedrørende deres foranstaltninger på immigrationsområdet, bortset fra det, der udtrykkeligt er anført i dette kapitel og kapitel syvogtyve (gennemsigtighed).
2.   Uden at det berører en beslutning om at tillade midlertidig indrejse for fysiske personer fra den anden part i henhold til dette kapitel, herunder længden af det ophold, der er tilladt i henhold til en sådan tilladelse:
a)
er artikel 9.3 (national behandling) og 9.6 (markedsadgang), jf. dog artikel 9.4 (formelle krav) og 9.2 (anvendelsesområde), men ikke artikel 9.2.2, litra d), inkorporeret i og gjort til en del af dette kapitel og finder anvendelse på behandlingen af fysiske personer i forretningsøjemed, der befinder sig på den anden parts territorium i kategorierne:
i)
nøglepersonale, og
ii)
leverandører af kontraktbaserede tjenesteydelser og selvstændige erhvervsdrivende for alle de sektorer, der er anført i bilag 10-E, og
b)
er artikel 9.5 (mestbegunstigelsesbehandling), jf. dog artikel 9.4 (formelle krav) og 9.2 (anvendelsesområde), men ikke artikel 9.2.2, litra d), inkorporeret i og gjort til en del af dette kapitel og finder anvendelse på behandlingen af fysiske personer i forretningsøjemed, der befinder sig på den anden parts territorium i kategorierne:
i)
nøglepersonale, leverandører af kontraktbaserede tjenesteydelser og selvstændige erhvervsdrivende, og
ii)
forretningsrejsende på kortvarigt ophold som angivet i artikel 10.9.
3.   Det præciseres, at stk. 2 finder anvendelse på behandlingen af fysiske personer i forretningsøjemed, som er til stede på den anden parts territorium, henhører under de relevante kategorier, og leverer finansielle tjenesteydelser som defineret i artikel 13.1 (definitioner) i kapitel tretten (finansielle tjenesteydelser). Stk. 2 finder ikke anvendelse på foranstaltninger vedrørende tilladelse til midlertidig indrejse for fysiske personer fra en part eller et tredjeland.
4.   Har en part fastsat et forbehold i sin liste i bilag I, II eller III, udgør forbeholdet også et forbehold med hensyn til stk. 2 i det omfang, at den foranstaltning, der er fastsat i eller tilladt af forbeholdet, påvirker behandlingen af fysiske personer i forretningsøjemed, som opholder sig på den anden parts territorium.
Artikel 10.7
Nøglepersonale
1.   Hver af parterne skal give tilladelse til midlertidig indrejse og ophold for nøglepersonale fra den anden part med de forbehold og undtagelser, der er opregnet i bilag 10-B.
2.   Ingen af parterne må indføre eller opretholde begrænsninger af det samlede antal nøglepersonale fra den anden part, der tillades midlertidig indrejse, i form af en numerisk begrænsning eller en økonomisk behovsprøve.
3.   Hver af parterne skal tillade midlertidig indrejse til forretningsfolk i investeringsøjemed uden at kræve arbejdstilladelse eller andre forudgående godkendelsesprocedurer med lignende hensigt.
4.   Hver af parterne skal tillade midlertidig beskæftigelse på deres territorium for virksomhedsinternt udstationerede og investorer fra den anden part.
5.   Den tilladte varighed af ophold for nøglepersonale er som følger:
a)
virksomhedsinternt udstationerede (specialister eller ledende personale): kontraktens varighed, dog højst tre år, med mulighed for forlængelse i op til 18 måneder efter den parts skøn, der giver tilladelse til midlertidig indrejse og ophold 
(
14
)
b)
virksomhedsinternt udstationerede (praktikanter): kontraktens varighed, dog højst et år
c)
investorer: et år med mulighed for forlængelse efter den parts skøn, der giver tilladelse til midlertidig indrejse og ophold
d)
forretningsrejsende i investeringsøjemed: 90 dage inden for en periode på seks måneder 
(
15
)
.
Artikel 10.8
Leverandører af kontraktbaserede tjenesteydelser og selvstændige erhvervsdrivende
1.   Hver af parterne skal i overensstemmelse med bilag 10-E tillade midlertidig indrejse og ophold til leverandører af kontraktbaserede tjenesteydelser fra den anden part på følgende betingelser:
a)
de fysiske personer skal være beskæftiget med levering af en tjenesteydelse på midlertidig basis som ansatte i en virksomhed, der har fået tildelt en tjenesteydelseskontrakt for en periode på højst 12 måneder. Er tjenesteydelseskontrakten længere end 12 måneder, finder forpligtelserne i dette kapitel kun anvendelse i de første 12 måneder af kontrakten
b)
de fysiske personer, der rejser ind på den anden parts territorium, skal tilbyde de pågældende tjenesteydelser som ansatte i en virksomhed, der har leveret tjenesteydelserne i mindst et år umiddelbart forud for datoen for indgivelse af en ansøgning om indrejse på den anden parts territorium, og de skal på datoen for indgivelsen have mindst tre års erhvervserfaring 
(
16
)
 i den sektor, som er genstand for kontrakten
c)
de fysiske personer, der rejser ind på den anden parts territorium, skal have,
i)
en universitetsgrad eller et kompetencegivende bevis for viden på et tilsvarende niveau 
(
17
)
 og
ii)
erhvervsmæssige kvalifikationer, når det kræves for at kunne udøve en aktivitet i henhold til de gældende love og krav i den part, hvor tjenesteydelsen leveres
d)
de fysiske personer må ikke modtage andet vederlag for leveringen af tjenesteydelser end det, der betales af den virksomhed, der beskæftiger leverandørerne af kontraktbaserede tjenesteydelser under deres ophold på den anden parts territorium
e)
midlertidig indrejse og ophold, der tillades i henhold til denne artikel, vedrører kun levering af en tjenesteydelse, der er genstand for kontrakten. Den relevante myndighed som defineret i artikel 11.1 (definitioner) kan give tilladelse til at benytte den faglige titel, der anvendes i den part, hvor tjenesteydelsen leveres, når dette er nødvendigt, og på grundlag af en aftale om gensidig anerkendelse eller på anden vis, og
f)
tjenesteydelseskontrakten skal opfylde gældende love og andre retlige krav i den part, hvor kontrakten udføres 
(
18
)
.
2.   Hver af parterne skal i overensstemmelse med bilag 10-E tillade midlertidig indrejse og ophold til selvstændige erhvervsdrivende fra den anden part på følgende betingelser:
a)
de fysiske personer skal være beskæftiget med levering af en tjenesteydelse på midlertidig basis som selvstændige erhvervsdrivende etableret i den anden part og skal have fået tildelt en tjenesteydelseskontrakt for en periode på højst 12 måneder. Er tjenesteydelseskontrakten længere end 12 måneder, finder forpligtelserne i dette kapitel kun anvendelse i de første 12 måneder af kontrakten
b)
de fysiske personer, der rejser ind på den anden parts territorium, skal på datoen for indgivelse af en ansøgning om indrejse i den anden part have mindst seks års erhvervserfaring i den sektor, kontrakten vedrører
c)
de fysiske personer, der rejser ind på den anden parts territorium, skal have
i)
en universitetsgrad eller et kompetencegivende bevis for viden på et tilsvarende niveau 
(
19
)
, og
ii)
erhvervsmæssige kvalifikationer, hvis dette kræves for at kunne udøve en aktivitet i henhold til de gældende love og i den part, hvor tjenesteydelsen leveres
d)
midlertidig indrejse og ophold, der tillades i henhold til nærværende artikel, vedrører kun levering af en tjenesteydelse, der er genstand for kontrakten. Den relevante myndighed som defineret i artikel 11.1 (definitioner) kan give ret til at benytte den faglige titel, der anvendes i den part, hvor tjenesteydelsen leveres, når dette er nødvendigt, og på grundlag af en aftale om gensidig anerkendelse eller på anden vis, og
e)
tjenesteydelseskontrakten skal opfylde gældende love og andre retlige krav i den part, hvor kontrakten udføres.
3.   Medmindre andet er anført i bilag 10-E, må ingen af parterne indføre eller opretholde begrænsninger af det samlede antal leverandører af kontraktbaserede tjenesteydelser og selvstændige erhvervsdrivende fra den anden part, der tillades midlertidig indrejse, i form af en numerisk begrænsning eller en økonomisk behovsprøve.
4.   Varigheden af opholdet for leverandører af kontraktbaserede tjenesteydelser og selvstændige erhvervsdrivende er for en samlet periode på højst 12 måneder med mulighed for forlængelse efter partens skøn over en periode på 24 måneder eller for kontraktens varighed, afhængig af hvad der er kortest.
Artikel 10.9
Forretningsrejsende på kortvarigt ophold
1.   En part skal i overensstemmelse med bilag 10-B tillade midlertidig indrejse og ophold til forretningsrejsende på kortvarigt ophold fra den anden part med henblik på at udøve de aktiviteter, der er anført i bilag 10-D, såfremt disse forretningsrejsende på kortvarigt ophold:
a)
ikke er beskæftiget med salg af en vare eller en tjenesteydelse til den brede offentlighed
b)
ikke på egne vegne modtager vederlag fra en kilde beliggende i parten, hvor forretningsrejsende på kortvarigt ophold opholder sig midlertidigt, og
c)
ikke er beskæftiget med leveringen af en tjenesteydelse inden for rammerne af en kontrakt, der er indgået mellem en virksomhed, som ikke har nogen handelsmæssig tilstedeværelse på den parts territorium, hvor de forretningsrejsende på kortvarigt ophold i forretningsøjemed opholder sig midlertidigt, og en forbruger på dette territorium, jf. dog bilag 10-D.
2.   Hver af parterne skal tillade midlertidig indrejse til forretningsrejsende på kortvarigt ophold uden at kræve en arbejdstilladelse eller andre forudgående godkendelsesprocedurer med lignende hensigt.
3.   Den maksimale varighed af opholdet for forretningsrejsende på kortvarigt ophold er 90 dage i løbet af en seks måneders periode 
(
20
)
.
Artikel 10.10
Revurdering af forpligtelser
Parterne skal senest fem år efter denne aftales ikrafttræden overveje at ajourføre deres respektive forpligtelser i henhold til artikel 10.7-10.9.
KAPITEL ELLEVE
Gensidig anerkendelse af erhvervskvalifikationer
Artikel 11.1
Definitioner
I dette kapitel forstås ved:
Jurisdiktionsområde
: Canadas territorium og de enkelte provinser og territorier, eller hver af EU-medlemsstaternes territorium, i det omfang denne aftale finder anvendelse på disse territorier i overensstemmelse med artikel 1.3 (geografisk anvendelsesområde)
forhandlingsorgan
: en person eller et organ fra en part med ret eller beføjelse til at forhandle om en aftale om gensidig anerkendelse af erhvervskvalifikationer (»aftale om gensidig anerkendelse«)
erhvervserfaring
: faktisk og lovlig erfaring med udøvelse af en tjenesteydelse
erhvervskvalifikationer
: kvalifikationer, der attesteres ved et kvalifikationsbevis og/eller erhvervserfaring
relevant myndighed
: en myndighed eller et organ, der er udpeget i medfør af love eller administrative bestemmelser med henblik på at anerkende kvalifikationer og tillade udøvelsen af et erhverv inden for et jurisdiktionsområde, og
lovreguleret erhverv
: en tjenesteydelse, hvis udøvelse, herunder anvendelsen af en titel eller en betegnelse, er betinget af besiddelsen af specifikke kvalifikationer i medfør af love eller administrative bestemmelser.
Artikel 11.2
Formål og anvendelsesområde
1.   Dette kapitel fastlægger en ramme til fremme af en retfærdig, gennemsigtig og konsekvent ordning for gensidig anerkendelse af erhvervskvalifikationer mellem parterne og fastsætter de generelle betingelser for forhandling om aftaler om gensidig anerkendelse.
2.   Dette kapitel finder anvendelse på erhverv, der er reguleret i hver af parterne, herunder i alle eller visse EU-medlemsstater og i alle eller visse provinser og territorier i Canada.
3.   En part må ikke indrømme anerkendelse på en måde, der kan medføre forskelsbehandling i anvendelsen af dens kriterier for tildeling af autorisation, godkendelse eller certifikat til tjenesteydere, eller som ville udgøre en skjult hindring af handelen med tjenesteydelser.
4.   En aftale om gensidig anerkendelse, der vedtages i henhold til dette kapitel, finder anvendelse overalt på Den Europæiske Unions og Canadas territorier.
Artikel 11.3
Forhandling af en aftale om gensidig anerkendelse
1.   Hver af parterne tilskynder i givet fald sine relevante myndigheder eller faglige organisationer til at udvikle og forelægge Det Blandede Udvalg for Gensidig Anerkendelse af Erhvervskvalifikationer (»Det Blandede MRA-Udvalg«), som er nedsat i medfør af artikel 26.2.1, litra b), fælles henstillinger om foreslåede aftaler om gensidig anerkendelse.
2.   En henstilling skal indeholde en vurdering af den potentielle værdi af en aftale om gensidig anerkendelse på grundlag af sådanne kriterier som det eksisterende markedsåbningsniveau, erhvervslivets behov og forretningsmuligheder, f.eks. antallet af fagfolk, der kan forventes at få gavn af aftalen om gensidig anerkendelse, eksistensen af andre aftaler om gensidig anerkendelse i denne sektor, og de forventede fordele i form af økonomisk og forretningsmæssig udvikling. Den skal desuden indeholde en vurdering af foreneligheden mellem parternes godkendelses- eller kvalifikationsordninger af parterne og den planlagte strategi for forhandlingerne om en aftale om gensidig anerkendelse.
3.   Det Blandede MRA-Udvalg skal inden for en rimelig frist gennemgå henstillingen med henblik på at sikre overensstemmelse med kravene i dette kapitel. Er disse krav opfyldt, skal Det Blandede MRA-Udvalg fastlægge de nødvendige forhandlingsforanstaltninger, og hver af parterne skal underrette sine respektive relevante myndigheder om disse foranstaltninger.
4.   Forhandlingsorganerne skal efterfølgende fortsætte forhandlingerne og forelægge et udkast til aftale om gensidig anerkendelse for Det Blandede MRA-Udvalg.
5.   Det Blandede MRA-Udvalg gennemgår efterfølgende forslaget til aftale om gensidig anerkendelse for at sikre, at det er foreneligt med nærværende aftale.
6.   Finder Det Blandede MRA-Udvalg, at aftalen om gensidig anerkendelse er forenelig med nærværende aftale, skal udvalget vedtage aftalen om gensidig anerkendelse i form af en beslutning, som er betinget af, at hver af parterne efterfølgende meddeler udvalget, at de opfylder deres respektive interne krav. Beslutningen bliver bindende for parterne efter deres meddelelse derom til MRA-Udvalget.
Artikel 11.4
Anerkendelse
1.   Anerkendelse af erhvervskvalifikationer i medfør af en aftale om gensidig anerkendelse skal gøre det muligt for tjenesteydere at udøve erhvervsmæssig virksomhed inden for værtslandets jurisdiktionsområde i overensstemmelse med de nærmere vilkår og betingelser, der er fastsat i aftalen om gensidig anerkendelse.
2.   Anerkendes en parts tjenesteyders erhvervskvalifikationer af den anden part i henhold til en aftale om gensidig anerkendelse, skal de relevante myndigheder i værtslandets jurisdiktionsområde indrømme denne tjenesteyder en behandling, der ikke er mindre gunstig end den behandling, som i lignende situationer indrømmes en lignende tjenesteyder, hvis erhvervskvalifikationer er blevet certificeret eller attesteret på partens eget jurisdiktionsområde.
3.   Anerkendelse i henhold til en aftale om gensidig anerkendelse kan ikke være betinget af:
a)
at en tjenesteyder opfylder et krav om statsborgerskab eller nogen form for bopælskrav, eller
b)
en tjenesteyders uddannelse, erfaring eller efteruddannelse, der er erhvervet på partens eget jurisdiktionsområde.
Artikel 11.5
Det Blandede Udvalg for Gensidig Anerkendelse af Erhvervskvalifikationer
Det Blandede MRA-Udvalg, der er ansvarlig for gennemførelsen af artikel 11.3, skal:
a)
bestå af og ledes i fællesskab af repræsentanter for Canada og Den Europæiske Union, der skal være forskellige fra de i artikel 11.3.1 omhandlede relevante myndigheder eller faglige organisationer. En liste over disse repræsentanter skal bekræftes ved brevveksling
b)
mødes senest et år efter denne aftales ikrafttræden og derefter efter behov, eller som det besluttes
c)
selv vedtage sin forretningsorden
d)
befordre udvekslingen af oplysninger om love og administrative bestemmelser, politikker og praksis vedrørende standarder eller kriterier for tildeling af autorisation, godkendelse eller certifikat for regulerede erhverv
e)
offentliggøre oplysninger om forhandlingerne om og gennemførelsen af aftaler om gensidig anerkendelse
f)
rapportere til Det Blandede CETA-Udvalg om fremskridtene i forhandlingerne om og gennemførelsen af aftaler om gensidig anerkendelse, og
g)
i givet fald give oplysninger og supplere retningslinjerne i bilag 11-A.
Artikel 11.6
Retningslinjer for forhandling og indgåelse af aftaler om gensidig anerkendelse
Som led i den gensidige anerkendelse af erhvervskvalifikationer fastsætter parterne i bilag 11-A ikkebindende retningslinjer for forhandling og gennemførelse af aftaler om gensidig anerkendelse.
Artikel 11.7
Kontaktpunkter
Hver af parterne skal oprette et eller flere kontaktpunkter for forvaltningen af dette kapitel.
KAPITEL TOLV
Intern regulering
Artikel 12.1
Definitioner
I dette kapitel forstås ved:
godkendelse
: tildeling af en tilladelse til en person til at levere en tjenesteydelse eller udøve enhver anden form for økonomisk aktivitet
kompetent myndighed
: enhver regering i en part, eller et ikke-regeringsorgan ved udøvelse af beføjelser, der er delegeret fra en parts regering, der udsteder godkendelser
godkendelsesprocedurer
: administrative eller proceduremæssige regler, herunder til ændring eller fornyelse af en godkendelse, der skal overholdes for at godtgøre efterlevelse af godkendelseskravene
godkendelseskrav
: indholdsmæssige krav, undtagen kvalifikationskrav, som skal overholdes for at opnå, ændre eller forny en tilladelse
kvalifikationsprocedurer
: administrative eller proceduremæssige regler, der skal overholdes for at påvise efterlevelse af kvalifikationskravene, og
kvalifikationskrav
: indholdsmæssige krav vedrørende kompetence, som skal overholdes for at opnå, ændre eller forny en godkendelse.
Artikel 12.2
Anvendelsesområde
1.   Dette kapitel finder anvendelse på foranstaltninger, der indføres eller opretholdes af en part, vedrørende godkendelseskrav og -procedurer, kvalifikationskrav eller -procedurer, der vedrører:
a)
grænseoverskridende levering af tjenesteydelser som defineret i artikel 9.1 (definitioner)
b)
levering af en tjenesteydelse eller udøvelse af enhver anden økonomisk aktivitet ved handelsmæssig tilstedeværelse på den anden parts territorium, herunder etablering af en sådan handelsmæssig tilstedeværelse, og
c)
levering af en tjenesteydelse ved en fysisk persons tilstedeværelse på den anden parts territorium i overensstemmelse med artikel 10.6.2 (forpligtelser i andre kapitler).
2.   Dette kapitel finder ikke anvendelse på godkendelseskrav og –procedurer eller kvalifikationskrav eller -procedurer:
a)
i medfør af en eksisterende uforenelig foranstaltning, der opretholdes af en part som fastsat i sin liste i bilag I, eller
b)
i forbindelse med en af følgende sektorer og aktiviteter:
i)
for så vidt angår Canada de kulturelle industrier og, som fastsat i Canadas liste i bilag II, sociale tjenester, oprindelige befolkningers anliggender, mindretalsspørgsmål, spil og væddemål samt indvinding, rensning og distribution af vand, og
ii)
for så vidt angår EU-parten audiovisuelle tjenesteydelser og, som fastsat i Den Europæiske Unions liste i bilag II, sundheds- og uddannelsestjenesteydelser samt sociale tjenesteydelser, spil og væddemål 
(
21
)
 samt indvinding, rensning og distribution af vand.
Artikel 12.3
Godkendelseskrav og -procedurer og kvalifikationskrav og -procedurer
1.   Hver af parterne skal sikre, at godkendelseskrav og -procedurer eller kvalifikationskrav og -procedurer, de vedtager eller opretholder, er baseret på kriterier, der forhindrer de kompetente myndigheder i at udøve deres beføjelser arbitrært.
2.   Kriterierne i stk. 1 skal være:
a)
klare og gennemsigtige
b)
objektive, og
c)
fastsat på forhånd og gjort offentligt tilgængelige.
3.   Parterne anerkender, at udøvelsen af et lovmæssigt skøn, som en minister er tillagt i forhold til en afgørelse om udstedelse af en godkendelse, som er i den offentlige interesse, ikke er uforenelig med stk. 2, litra c), forudsat at skønnet udøves i overensstemmelse med den pågældende lovgivnings formål og ikke arbitrært, og at skønsudøvelsen ikke på anden måde er uforenelig med denne aftale.
4.   Stk. 3 finder ikke anvendelse på godkendelses- eller kvalifikationskrav til liberale tjenesteydelser.
5.   Hver af parterne skal sikre, at der udstedes godkendelse, så snart den kompetente myndighed har fastslået, at betingelserne for tilladelsen er opfyldt, og at tilladelsen, når den først er meddelt, træder i kraft hurtigst muligt i overensstemmelse med de deri fastsatte vilkår og betingelser.
6.   Hver af parterne skal opretholde eller oprette domstole, voldgiftsretter eller forvaltningsdomstole eller procedurer, der efter anmodning fra en berørt investor som defineret i artikel 8.1 (definitioner) eller berørt tjenesteyder som defineret i artikel 1.1 (alment gældende definitioner)giver mulighed for omgående prøvelse og i givet fald passende afhjælpning af administrative afgørelser, der påvirker leveringen af en tjenesteydelse eller udøvelsen af enhver anden økonomisk aktivitet. Er sådanne procedurer ikke uafhængige af den myndighed, der har beføjelse til at træffe den pågældende administrative afgørelse, skal hver af parterne sikre, at procedurerne faktisk fører til en objektiv og upartisk prøvelse.
7.   Hver af parterne skal sikre, at de godkendelses- eller kvalifikationsprocedurer, som de indfører eller opretholder, er så enkle som muligt og ikke unødigt komplicerer eller forsinker leveringen af en tjenesteydelse eller udøvelsen af enhver anden økonomisk aktivitet.
8.   Et godkendelsesgebyr, som en ansøger pålægges i forbindelse med sin ansøgning om godkendelse, skal stå i rimeligt forhold til de faktiske udgifter, og må ikke i sig selv begrænse leveringen af en tjenesteydelse eller udøvelsen af enhver anden økonomisk aktivitet.
9.   Godkendelsesgebyrer omfatter ikke udgifter til auktioner, brug af naturressourcer, royalties, udbud eller andre ikke-diskriminerende metoder for tildeling af koncessioner og ej heller obligatoriske bidrag til forsyningspligtydelser.
10.   Hver af parterne skal sikre, at de godkendelses- eller kvalifikationsprocedurer, som den kompetente myndighed anvender, og de afgørelser, den træffer, i forbindelse med udstedelse af tilladelser, er upartiske over for alle ansøgere. Den kompetente myndighed bør træffe sine afgørelser i fuld uafhængighed og bør især ikke stå til ansvar over for de personer, der leverer en tjenesteydelse eller udøver enhver anden økonomisk aktivitet, for hvilke der kræves tilladelse.
11.   Er der specifikke tidfrister for indgivelse af ansøgninger om tilladelse, skal ansøgere gives en rimelig frist for indgivelse af en ansøgning. Den kompetente myndighed skal indlede behandlingen af ansøgningen hurtigst muligt. Når det er muligt, bør elektroniske ansøgninger accepteres på de samme gyldighedsbetingelser som papiransøgninger.
12.   Er det hensigtsmæssigt, bør der accepteres bekræftede kopier i stedet for originale dokumenter.
13.   Hver af parterne skal sikre, at en ansøgning om godkendelse behandles, og at der træffes en endelig afgørelse, inden for en rimelig frist efter indgivelsen af en fuldstændig ansøgning. Hver af parterne bør fastsætte en almindelig frist for behandlingen af en ansøgning.
14.   En parts kompetente myndighed skal efter anmodning fra en ansøger uden unødig forsinkelse give oplysninger om ansøgningens status.
15.   Anses en ansøgning for at være ufuldstændig, skal en parts kompetente myndigheder inden for en rimelig frist orientere ansøgeren herom og om, hvilke oplysninger der mangler, og give ansøgeren mulighed for at afhjælpe manglerne.
16.   Afviser en parts kompetente myndighed en ansøgning, skal den underrette ansøgeren skriftligt og uden unødig forsinkelse. Partens kompetente myndighed skal efter anmodning fra ansøgeren også underrette ansøgeren om grundene til afvisning af ansøgningen og om fristen for at appellere eller klage over afgørelsen. En ansøger bør have mulighed for at indgive en ny ansøgning inden for en rimelig frist.
KAPITEL TRETTEN
Finansielle tjenesteydelser
Artikel 13.1
Definitioner
I dette kapitel forstås ved:
en parts leverandør af grænseoverskridende finansielle tjenesteydelser
: en person fra en part, der er beskæftiget med levering af en finansiel tjenesteydelse på denne parts territorium, og som søger at levere eller leverer en finansiel tjenesteydelse ved grænseoverskridende levering af denne tjenesteydelse
grænseoverskridende levering af finansielle tjenesteydelser
 eller 
grænseoverskridende handel med finansielle tjenesteydelser
 levering af en finansiel tjenesteydelse:
a)
fra den ene parts territorium til den anden parts territorium, eller
b)
på den ene parts territorium af en person fra denne part til en person fra den anden part
men omfatter ikke levering af en tjenesteydelse på den ene parts territorium ved investering på dette territorium
finansieringsinstitut
: en leverandør, der udfører en eller flere af de aktiviteter, der er defineret som finansielle tjenesteydelser i denne artikel, hvis leverandøren i henhold til lovgivningen i den part, på hvis territorium den er beliggende, i forbindelse med leveringen af disse tjenesteydelser er reguleret eller kontrolleret som et finansieringsinstitut, herunder en filial på den pågældende parts territorium af den pågældende leverandør af finansielle tjenesteydelser, der har hjemsted på den anden parts territorium
finansieringsinstitut fra den anden part
: et finansieringsinstitut, herunder en filial, der er beliggende på en parts territorium, og som er kontrolleret af en person fra den anden part
finansiel tjenesteydelse
: en tjenesteydelse af finansiel karakter, herunder forsikring og forsikringsrelaterede tjenesteydelser, bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) og tjenesteydelser, som supplerer eller støtter en tjenesteydelse af finansiel karakter. Finansielle tjenesteydelser omfatter følgende aktiviteter:
a)
forsikring og forsikringsrelaterede tjenesteydelser
i)
direkte forsikring (inklusive coinsurance):
A)
livsforsikring, eller
B)
skadesforsikring
ii)
genforsikring og retrocession
iii)
forsikringsformidling, såsom forsikringsmægling og –agentur, eller
iv)
tjenesteydelser i tilknytning til forsikring, såsom rådgivning, aktuarbistand, risikovurdering og skadegodtgørelse, og
b)
bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring):
i)
modtagelse af indlån eller andre tilbagebetalingspligtige midler fra offentligheden
ii)
långivning af alle typer, herunder forbrugslån, realkredit, factoring og finansiering af kommercielle transaktioner
iii)
finansiel leasing
iv)
alle betalings- og pengeoverførselstjenesteydelser, herunder kredit- og betalingskort, rejsechecks og bankveksler
v)
garantier og engagementer
vi)
handel for egen eller kunders regning på børsen, OTC-markedet eller på en anden af følgende måder:
A)
pengemarkedsinstrumenter (herunder checks, veksler, indskudsbeviser)
B)
udenlandsk valuta
C)
derivatprodukter, herunder termins- og optionsforretninger
D)
valutakurs- og renteinstrumenter, herunder produkter såsom swaps og aftaler om fremtidig rentesikring
E)
værdipapirer, eller
F)
andre omsætningspapirer og finansielle aktiver, herunder guldbarrer
vii)
deltagelse i emissioner af enhver art af værdipapirer, herunder emissionsgarantier og placering som agent (såvel offentlig som privat) og levering af tjenesteydelser med tilknytning til sådanne emissioner
viii)
låneformidling på pengemarkedet
ix)
forvaltning af aktiver såsom likviditets- og porteføljeforvaltning, alle former for kollektiv investeringspleje, administration af pensionsfonde, tjenesteydelser i forbindelse med opbevaring, indskud og forvaltning af aktiver
x)
afregning og clearing i forbindelse med finansielle aktiver, herunder værdipapirer, derivatprodukter og andre omsætningspapirer
xi)
tilvejebringelse og overførsel af finansielle oplysninger samt software til finansiel databehandling og dermed beslægtet software, eller
xii)
rådgivning, formidling og andre finansielle hjælpetjenesteydelser i forbindelse med alle de under nr. i)-xi) nævnte aktiviteter, herunder kreditvurdering og -analyse, undersøgelser og rådgivning i tilknytning til investeringer og porteføljer, rådgivning om opkøb og selskabsomstrukturering og -strategi
leverandør af finansielle tjenesteydelser
: en person fra en part, der er beskæftiget med levering af finansielle tjenesteydelser på den pågældende parts territorium, men som ikke omfatter offentlige enheder
investering
: en »investering« som defineret i artikel 8.1 (definitioner), bortset fra, at for så vidt angår de i nævnte artikel omhandlede »lån« og »gældsinstrumenter« er med henblik på dette kapitel:
a)
et lån eller et gældsinstrument, der er udstedt af et finansieringsinstitut, kun en investering i det pågældende finansieringsinstitut, såfremt det behandles som lovpligtig kapital af den part, på hvis territorium finansieringsinstituttet er beliggende, og
b)
et lån, der ydes af, eller et gældsinstrument, der ejes af et finansieringsinstitut, undtagen et lån til eller et gældsinstrument fra et finansieringsinstitut som omhandlet i litra a), ikke en investering
det præciseres, at:
c)
kapitel otte (investering) finder anvendelse på et lån eller et gældsinstrument, i det omfang det ikke er omfattet af nærværende kapitel, og
d)
et lån ydet af eller et gældsinstrument ejet af en leverandør af grænseoverskridende finansielle tjenesteydelser, undtagen et lån til eller et gældsinstrument, der er udstedt af et finansieringsinstitut, er en investering med henblik på kapitel otte (investering), hvis lånet eller gældsinstrumentet opfylder de kriterier for investeringer, som er fastsat i artikel 8.1 (definitioner)
investor
: en »investor« som defineret i artikel 8.1 (definitioner)
ny finansiel tjenesteydelse
: en finansiel tjenesteydelse, som ikke leveres på en parts territorium, men som leveres på den anden parts territorium, herunder enhver ny form for levering af en finansiel tjenesteydelse eller salg af et finansielt produkt, der ikke sælges på partens territorium
person i en part
: »person i en part« som defineret i artikel 1.1 (alment gældende definitioner), idet det i øvrigt præciseres, at det ikke omfatter en filial af en tredjelandsvirksomhed
offentlig enhed
:
a)
en regering, centralbank eller monetær myndighed i en part eller enhver enhed, der ejes eller kontrolleres af en part, og som hovedsagelig beskæftiger sig med at udføre regeringsfunktioner eller aktiviteter med statslig brug, men som ikke omfatter enheder, der hovedsagelig beskæftiger sig med at levere finansielle tjenesteydelser på kommercielle vilkår, eller
b)
en privat enhed, som udfører funktioner, der normalt udføres af en centralbank eller en monetær myndighed ved udøvelsen af disse funktioner, og
selvregulerende organisation
: et ikke-regeringsorgan, herunder værdipapir- eller terminsbørser eller –markeder, et clearingsagentur eller en anden organisation eller sammenslutning, der udøver sine egne eller delegerede beføjelser til at regulere eller føre tilsyn med finansielle tjenesteydere eller finansieringsinstitutter.
Artikel 13.2
Anvendelsesområde
1.   Dette kapitel finder anvendelse på foranstaltninger, som en part indfører eller opretholder på sit territorium, vedrørende:
a)
finansieringsinstitutter fra den anden part
b)
en investor fra den anden part, og en investering foretaget af denne investor, i et finansieringsinstitut på partens territorium, og
c)
grænseoverskridende handel med finansielle tjenesteydelser.
2.   Det præciseres, at bestemmelserne i kapitel otte (investering) finder anvendelse på:
a)
foranstaltninger vedrørende en investor fra en part, og en investering foretaget af denne investor, i en finansiel tjenesteyder, som ikke er et finansieringsinstitut, og
b)
foranstaltninger, undtagen foranstaltninger vedrørende levering af finansielle tjenesteydelser, i relation til en investor fra en part eller en investering foretaget af denne investor i et finansieringsinstitut.
3.   Artikel 8.10 (behandling af investorer og omfattede investeringer), 8.11 (kompensation for tab), 8.12 (ekspropriation), 8.13 (overførsler), 8.14 (subrogation), 8.16 (nægtelse af fordele) og 8.17 (formelle krav) er inkorporeret i og gjort til en del af dette kapitel.
4.   Kapitel otte, afdeling F, (bilæggelse af investeringstvister mellem investorer og stater) er inkorporeret i og gjort til en del af dette kapitel udelukkende for så vidt angår klager over, at en part har overtrådt artikel 13.3 eller 13.4 med hensyn til udvidelse, gennemførelse, drift, forvaltning, vedligeholdelse, brug, nydelse og salg eller afhændelse af et finansieringsinstitut eller en investering i et finansieringsinstitut, eller artikel 8.10 (behandling af investorer og omfattede investeringer), 8.11 (kompensation for tab), 8.12 (ekspropriation), 8.13 (overførsler) eller 8.16 (nægtelse af fordele).
5.   Dette kapitel finder ikke anvendelse på foranstaltninger, som en part indfører eller opretholder vedrørende:
a)
aktiviteter eller tjenesteydelser, der er del af en offentlig pensionsplan eller en lovbestemt social sikringsordning, eller
b)
aktiviteter eller tjenesteydelser, der gennemføres på partens vegne, med dens garanti eller med anvendelse af dens finansielle midler, herunder dens offentlige enheder,
bortset fra, at dette kapitel finder anvendelse i det omfang, at en part tillader de i litra a) eller b) omhandlede aktiviteter eller tjenesteydelser udøvet af dens finansieringsinstitutter i konkurrence med en offentlig enhed eller et finansieringsinstitut.
6.   Kapitel tolv (intern regulering) er inkorporeret i og gjort til en del af nærværende kapitel. Det præciseres, at artikel 12.3 (godkendelseskrav og –procedurer og kvalifikationskrav og -procedurer) finder anvendelse på udøvelse af lovmæssige skøn foretaget af parternes finansielle reguleringsmyndigheder.
7.   Bestemmelserne i kapitel tolv (intern regulering), der inkorporeres i nærværende kapitel i medfør af stk. 6, finder ikke anvendelse på godkendelseskrav og -procedurer eller kvalifikationskrav og -procedurer:
a)
i medfør af en uforenelig foranstaltning, der opretholdes af Canada som fastsat i Canadas liste i bilag III-A
b)
i medfør af en uforenelig foranstaltning, der opretholdes af Den Europæiske Union som fastsat i Den Europæiske Unions liste i bilag I, i det omfang en sådan foranstaltning vedrører finansielle tjenesteydelser, og
c)
som fastsat i artikel 12.2.2, litra b), (anvendelsesområde), i det omfang en sådan foranstaltning vedrører finansielle tjenesteydelser.
Artikel 13.3
National behandling
1.   Artikel 8.6 (national behandling) er inkorporeret i og gjort til en del af dette kapitel og finder anvendelse på behandling af finansieringsinstitutter og investorer fra den anden part og deres investeringer i finansieringsinstitutter.
2.   Ved behandling, som en part indrømmer dens egne investorer og investeringer foretaget af dens egne investorer i henhold til artikel 8.6, (national behandling), forstås den behandling, der indrømmes dens egne finansieringsinstitutter og investeringer foretaget af dens egne investorer i finansieringsinstitutter.
Artikel 13.4
Mestbegunstigelsesbehandling
1.   Artikel 8.7 (mestbegunstigelsesbehandling) er inkorporeret i og gjort til en del af dette kapitel og finder anvendelse på behandling af finansieringsinstitutter og investorer fra den anden part og deres investeringer i finansieringsinstitutter.
2.   Ved behandling, der indrømmes af en part til tredjelandsinvestorer og investeringer foretaget af tredjelandsinvestorer i henhold til artikel 8.7, stk. 1 og 2, (mestbegunstigelsesbehandling), forstås den behandling, der indrømmes finansieringsinstitutter fra et tredjeland og investeringer foretaget af tredjelandsinvestorer i finansieringsinstitutter.
Artikel 13.5
Anerkendelse af tilsynsforanstaltninger
1.   En part kan anerkende en tilsynsforanstaltning fra et tredjeland ved anvendelsen af en foranstaltning, som er omfattet af dette kapitel. Anerkendelsen kan være:
a)
indrømmet unilateralt
b)
opnået ved harmonisering eller på anden vis, eller
c)
baseret på en aftale eller en ordning med det pågældende tredjeland.
2.   En part, der anerkender en tilsynsforanstaltning, skal give den anden part passende mulighed for at påvise, at der foreligger omstændigheder, hvor der er eller vil blive foretaget tilsvarende regulering, tilsyn, gennemførelse af regulereringsforskrifter og i givet fald procedurer vedrørende udveksling af oplysninger mellem parterne.
3.   Anerkender en part en tilsynsforanstaltning i medfør af stk. 1, litra c), og er de i stk. 2 nævnte omstændigheder til stede, skal den pågældende part give den anden part passende mulighed for at forhandle om tiltrædelse af aftalen eller ordningen eller for at forhandle om en lignende aftale eller ordning.
Artikel 13.6
Markedsadgang
1.   En part må for så vidt angår et finansieringsinstitut fra den anden part eller for så vidt angår markedsadgang gennem etablering af et finansieringsinstitut foretaget af en investor fra den anden part for hele sit territorium eller for et territorium på nationalt, provinsielt, territorialt, regionalt eller lokalt regeringsniveau ikke indføre eller opretholde foranstaltninger, som:
a)
medfører en begrænsning af:
i)
antallet af finansieringsinstitutter, hvad enten det er i form af numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
ii)
den samlede værdi af finansielle tjenesteydelsestransaktioner eller aktiver i form af numeriske kvoter eller krav om en økonomisk behovsprøve
iii)
det samlede antal finansielle tjenesteydelsesoperationer eller den samlede produktion af finansielle tjenesteydelser udtrykt som specifikke numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
iv)
deltagelsen af udenlandsk kapital udtrykt i maksimumsgrænser for andelen af udenlandsk ejede aktier i finansieringsinstitutter eller den samlede værdi af individuelle eller samlede udenlandske investeringer i finansieringsinstitutter, eller
v)
det samlede antal fysiske personer, der kan være beskæftiget i en bestemt sektor for finansielle tjenesteydelser, eller som må være ansat af et finansieringsinstitut, og som er nødvendige for og direkte forbundet med levering af en specifik finansiel tjenesteydelse, i form af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
b)
begrænser eller stiller krav om specifikke former for retlige enheder eller joint ventures, gennem hvilke et finansieringsinstitut kan udøve en økonomisk aktivitet.
2.   Artikel 8.4.2 (markedsadgang) er inkorporeret i og gjort til en del af nærværende artikel.
3.   Det præciseres, at:
a)
en part kan fastsætte vilkår, stille betingelser og kræve procedurer overholdt for at give tilladelse til etablering eller udvidelse af en handelsmæssig tilstedeværelse, forudsat at det ikke påvirker partens forpligtelse i henhold til stk. 1, og at det er foreneligt med dette kapitels øvrige bestemmelser, og
b)
denne artikel forhindrer ikke en part i at kræve, at et finansieringsinstitut leverer visse finansielle tjenesteydelser gennem særskilte juridiske enheder, hvis lovgivningen i den pågældende part ikke tillader, at de forskellige finansielle tjenesteydelser, der leveres af finansieringsinstituttet, ikke kan leveres gennem en enkelt enhed.
Artikel 13.7
Grænseoverskridende levering af finansielle tjenesteydelser
1.   Artikel 9.3 (national behandling), 9.4 (formelle krav) og 9.6 (markedsadgang) er inkorporeret i og gjort til en del af dette kapitel og finder anvendelse på behandlingen af leverandører af grænseoverskridende finansielle tjenesteydelser, der leverer de i bilag 13-A anførte finansielle tjenesteydelser.
2.   Ved behandling, som en part indrømmer sine egne tjenesteydere og tjenesteydelser i henhold til artikel 9.3.2 (national behandling), forstås den behandling, den indrømmer sine egne leverandører af finansielle tjenesteydelser og finansielle tjenesteydelser.
3.   Ved foranstaltninger, som en part ikke skal indføre eller opretholde med hensyn til tjenesteydere og tjenesteydelser fra den anden part i henhold til artikel 9.6 (markedsadgang), forstås foranstaltninger vedrørende leverandører af grænseoverskridende finansielle tjenesteydelser fra den anden part, der leverer finansielle tjenesteydelser.
4.   Artikel 9.5 (mestbegunstigelsesbehandling) er inkorporeret i og gjort til en del af dette kapitel og finder anvendelse på behandlingen af leverandører af grænseoverskridende finansielle tjenesteydelser fra den anden part.
5.   Ved behandling, der indrømmes af en part til tjenesteydere og tjenesteydelser fra et tredjeland i henhold til artikel 9.5 (mestbegunstigelsesbehandling), forstås den behandling, der indrømmes leverandører af finansielle tjenesteydelser fra et tredjeland og finansielle tjenesteydelser fra et tredjeland.
6.   Hver af parterne skal tillade personer, der etablerer sig på deres territorium, og borgere, uanset hvor de etablerer sig, at købe en finansiel tjenesteydelse af en leverandører af grænseoverskridende finansielle tjenesteydelser fra den anden part, som er etableret på den anden parts territorium. Denne forpligtelse pålægger ikke en part at give sådanne leverandører tilladelse til at drive forretning eller hverve kunder på dens territorium. Hver af parterne kan definere at »drive forretning« og »hverve kunder« med henblik på anvendelsen af denne artikel i overensstemmelse med stk. 1.
7.   Hver af parterne skal for så vidt angår de i bilag 13-A omhandlede finansielle tjenesteydelser tillade en leverandør af grænseoverskridende finansielle tjenesteydelser fra den anden part om nødvendigt efter en anmodning fra eller en meddelelse til den relevante reguleringsmyndighed, at levere en finansiel tjenesteydelse ved enhver ny form for levering, eller at sælge et finansielt produkt, der ikke sælges på den pågældende parts territorium, når den første part efter sin lovgivning tillader sine egne leverandører af finansielle tjenesteydelser at levere en sådan tjenesteydelse eller sælge et sådant produkt i lignende situationer.
Artikel 13.8
Øverste ledelse og bestyrelse
En part må ikke kræve, at et finansieringsinstitut fra den anden part udpeger fysiske personer af en bestemt nationalitet til den øverste ledelse eller bestyrelsen.
Artikel 13.9
Performancekrav
1.   Parterne skal forhandle om discipliner for performancekrav som dem, der er omhandlet i artikel 8.5 (performancekrav) med hensyn til investeringer i finansieringsinstitutter.
2.   Er parterne tre år efter denne aftales ikrafttræden ikke nået til enighed om sådanne discipliner, skal artikel 8.5 (performancekrav) efter anmodning fra en part inkorporeres i og gøres til en del af dette kapitel og finde anvendelse på investeringer i finansieringsinstitutter. Med henblik herpå forstås ved »investering« i artikel 8.5 (performancekrav) »investering i et finansieringsinstitut på dens territorium«.
3.   Hver af parterne kan senest 180 dage efter en vellykket forhandling mellem parterne om discipliner for performancekrav i henhold til stk. 1 eller efter en parts anmodning om inkorporering af artikel 8.5 (performancekrav) i dette kapitel i henhold til stk. 2 ændre sin liste efter behov. Enhver ændring skal begrænses til listen over forbehold for eksisterende foranstaltninger, som ikke er i overensstemmelse med performancekravene i henhold til dette kapitel, for så vidt angår Canada afdeling A i listen i bilag III og for så vidt angår Den Europæiske Union i listen i bilag I. Artikel 13.10.1 finder anvendelse på sådanne foranstaltninger for så vidt angår disciplinerne for performancekrav, der er forhandlet i henhold til stk. 1, eller artikel 8.5 (performancekrav) som inkorporeret i dette kapitel i henhold til stk. 2, alt efter omstændighederne.
Artikel 13.10
Forbehold og undtagelser
1.   Artikel 13.3, 13.4, 13.6 og 13.8 finder ikke anvendelse på:
a)
allerede gældende uforenelige foranstaltninger, som opretholdes af en part på:
i)
EU-niveau som fastsat i EU's liste i bilag I
ii)
nationalt regeringsniveau som fastsat af Canada i afdeling A i Canadas liste i bilag III eller af Den Europæiske Union i EU's liste i bilag I
iii)
provinsielt, territorialt eller regionalt regeringsniveau som fastsat af Canada i afdeling A i Canadas liste i bilag III eller af Den Europæiske Union i EU's liste i bilag I, eller
iv)
lokalt regeringsniveau
b)
fortsat anvendelse eller omgående fornyelse af en uforenelig foranstaltning som omhandlet i litra a) eller
c)
en ændring af en uforenelig foranstaltning som omhandlet i litra a), i det omfang ændringen ikke gør foranstaltningen endnu mere uforenelig med artikel 13.3, 13.4, 13.6 eller 13.8, end den var umiddelbart før ændringen.
2.   Artikel 13.7 finder ikke anvendelse på:
a)
eksisterende uforenelige foranstaltninger, som opretholdes af en part på:
i)
EU-niveau som fastsat i EU's liste i bilag I
ii)
nationalt regeringsniveau som fastsat af Canada i afdeling A i Canadas liste i bilag III eller af Den Europæiske Union i EU's liste i bilag I
iii)
provinsielt, territorialt eller regionalt regeringsniveau som fastsat af Canada i afdeling A i Canadas liste i bilag III eller af Den Europæiske Union i EU's liste i bilag I, eller
iv)
lokalt regeringsniveau
b)
fortsat anvendelse eller omgående fornyelse af en uforenelig foranstaltning som omhandlet i litra a), eller
c)
en ændring af en uforenelig foranstaltning som omhandlet i litra a), i det omfang ændringen ikke gør foranstaltningen endnu mere uforenelig med artikel 13.7, end den var ved denne aftales ikrafttræden.
3.   Artikel 13.3, 13.4, 13.6, 13.7 og 13.8 finder ikke anvendelse på foranstaltninger, som Canada indfører eller opretholder med hensyn til finansielle tjenesteydelser som anført i afdeling B i sin liste i bilag III, eller på foranstaltninger, som Den Europæiske Union indfører eller opretholder med hensyn til finansielle tjenesteydelser som fastsat i sin liste i bilag II.
4.   Har en part i sin liste i bilag I eller II taget et forbehold overfor artikel 8.4 (markedsadgang), 8.5 (performancekrav), 8.6 (national behandling), 8.7 (mestbegunstigelsesbehandling), 8.8 (øverste ledelse og bestyrelse), 9.3 (national behandling), 9.5 (mestbegunstigelsesbehandling) eller 9.6 (markedsadgang), betragtes dette forbehold også som et forbehold over for artikel 13.3, 13.4, 13.6, 13.7 eller 13.8, eller overfor enhver disciplin for performancekrav, der er forhandlet i henhold til artikel 13.9.1 eller inkorporeret i nærværende kapitel i henhold til artikel 13.9.2, alt efter omstændighederne, i det omfang, at den foranstaltning, sektor, delsektor eller aktivitet, der er fastsat i forbeholdet, er omfattet af nærværende kapitel.
5.   En part må ikke efter datoen for denne aftales ikrafttræden vedtage en foranstaltning eller række af foranstaltninger, som er omfattet af afdeling B i Canadas liste i bilag III eller Den Europæiske Unions liste i bilag II, og som direkte eller indirekte pålægger en investor fra den anden part på grundlag af nationalitet at sælge eller på anden måde afhænde en investering, der allerede fandtes på det tidspunkt, hvor foranstaltningen eller rækken af foranstaltninger trådte i kraft.
6.   En part kan for så vidt angår intellektuelle ejendomsrettigheder fravige artikel 13.3 og 13.4 samt enhver disciplin om teknologioverførsel i forbindelse med performancekrav, der er forhandlet i henhold til artikel 13.9.1 eller inkorporeret i dette kapitel i henhold til artikel 13.9.2, alt efter omstændighederne, hvis undtagelsen er tilladt i henhold til TRIPS-aftalen, herunder fritagelser fra TRIPS-aftalen, der er vedtaget i henhold til artikel IX i WTO-overenskomsten.
7.   Artikel 13.3, 13.4, 13.6, 13.7, 13.8 og 13.9 finder ikke anvendelse på:
a)
en parts indkøb af en vare eller tjenesteydelse til statslig brug og uden sigte på kommercielt videresalg og ej heller med sigte på anvendelse i forbindelse med levering af en vare eller tjenesteydelse til kommercielt salg, uanset om indkøbet er et »omfattet udbud« som omhandlet i artikel 19.2 (anvendelsesområde og dækning), eller
b)
subsidier eller statsstøtte i forbindelse med handelen med tjenesteydelser, der leveres af en part.
Artikel 13.11
Effektiv og gennemsigtig regulering
1.   Hver af parterne skal sikre, at alle alment gældende foranstaltninger, som dette kapitel finder anvendelse på, administreres på en rimelig, objektiv og upartisk måde.
2.   Hver af parterne skal sikre, at deres alment gældende love, forskrifter, procedurer og administrative afgørelser vedrørende ethvert anliggende, der er omfattet af dette kapitel, straks offentliggøres eller stilles til rådighed på en sådan måde, at det er muligt for interesserede personer og den anden part at få kendskab dertil. Hver af parterne skal så vidt muligt:
a)
på forhånd offentliggøre sådanne foranstaltninger, som de agter at vedtage
b)
give en interesseret person og den anden part rimelig mulighed for at fremsætte bemærkninger til de foreslåede foranstaltninger, og
c)
fastsætte en rimelig frist mellem den endelige offentliggørelse af foranstaltningerne og den dato, de får virkning.
Ved anvendelsen af dette kapitel erstatter disse krav de krav, der er fastsat i artikel 27.1 (offentliggørelse).
3.   Hver af parterne skal opretholde eller etablere passende mekanismer til at reagere inden for en rimelig frist på en forespørgsel fra en interesseret person vedrørende alment gældende foranstaltninger, som er omfattet af dette kapitel.
4.   En reguleringsmyndighed skal træffe en administrativ afgørelse vedrørende en fuldstændig ansøgning fra en investor i et finansieringsinstitut, en leverandør af grænseoverskridende finansielle tjenesteydelser eller et finansieringsinstitut fra den anden part vedrørende leveringen af en finansiel tjenesteydelse inden for en rimelig frist, der er begrundet i kompleksiteten af ansøgningen, og den normale frist, der er fastsat for behandling af ansøgningen. For så vidt angår Canada er en sådan rimelig frist på 120 dage. Reguleringsmyndigheden skal straks meddele sin afgørelse til ansøgeren. Er det ikke muligt at træffe en afgørelse inden for en rimelig frist, skal reguleringsmyndigheden straks underrette ansøgeren og bestræbe sig på at træffe en afgørelse hurtigst muligt. Det præciseres, at en ansøgning ikke betragtes som fuldstændig, før alle relevante høringer er afholdt, og reguleringsmyndigheden har modtaget alle nødvendige oplysninger.
Artikel 13.12
Selvregulerende organisationer
Kræver en part, at et finansieringsinstitut eller en leverandør af grænseoverskridende finansielle tjenesteydelser fra den anden part skal være medlem af, deltage i eller have adgang til en selvregulerende organisation for at kunne levere en finansiel tjenesteydelse på eller ind på denne parts territorium, eller indrømmer den et privilegium eller en fordel ved levering af en finansiel tjenesteydelse gennem en selvregulerende organisation, skal den part, der stiller et sådant krav, sikre, at den selvregulerende organisation opfylder forpligtelserne i dette kapitel.
Artikel 13.13
Betalings- og clearingsystemer
Hver af parterne skal på de vilkår og betingelser, på hvilke der indrømmes national behandling, indrømme leverandører af finansielle tjenesteydelser fra den anden part, som er etableret på deres territorium, adgang til betalings- og clearingsystemer, som de driver eller som drives af en enhed, til hvem en part har delegeret udøvelsen af regeringsmyndighed, samt adgang til offentlige finansierings- og genfinansieringsfaciliteter, der er til rådighed som led i den normale forretningsgang. Denne artikel giver ikke adgang til en parts faciliteter som långiver i sidste instans.
Artikel 13.14
Nye finansielle tjenesteydelser
1.   Hver af parterne skal tillade et finansieringsinstitut fra den anden part at levere enhver ny finansiel tjenesteydelse, som de i en lignende situation ville tillade deres egne finansieringsinstitutter at levere i henhold til deres lovgivning, om nødvendigt på anmodning eller efter meddelelse til den relevante reguleringsmyndighed.
2.   En part kan bestemme den institutionelle og retlige form, gennem hvilken den nye finansielle tjenesteydelse må leveres, og kan kræve, at der skal indhentes tilladelse til levering af tjenesteydelsen. Kræves der tilladelse, skal der træffes en afgørelse inden for en rimelig frist, og tilladelsen kan kun afslås af forsigtighedshensyn.
3.   Denne artikel er ikke til hinder for, at et finansieringsinstitut fra en part kan ansøge den anden part om at overveje at give tilladelse til levering af en finansiel tjenesteydelse, der ikke leveres på nogen af parternes territorium. En sådan ansøgning er undergivet lovgivningen i den part, der modtager ansøgningen, og er ikke omfattet af forpligtelserne i denne artikel.
Artikel 13.15
Videregivelse og behandling af oplysninger
1.   Hver af parterne skal give et finansieringsinstitut eller en leverandør af grænseoverskridende finansielle tjenesteydelser fra den anden part tilladelse til at videregive oplysninger i elektronisk eller anden form til og fra deres territorium med henblik på databehandling, når en sådan behandling er påkrævet som led i den normale forretningsgang hos det pågældende finansieringsinstitut eller den pågældende leverandør af grænseoverskridende finansielle tjenesteydelser.
2.   Hver af parterne skal opretholde passende foranstaltninger til beskyttelse af privatlivets fred, særlig hvad angår videregivelse af personoplysninger. Omfatter videregivelsen af finansielle oplysninger personoplysninger, skal sådanne videregivelser være i overensstemmelse med lovgivningen om beskyttelse af personoplysninger på den parts territorium, hvor videregivelsen har sin oprindelse.
Artikel 13.16
Forsigtighedsundtagelse
1.   Denne aftale er ikke til hinder for, at en part indfører eller opretholde rimelige foranstaltninger af forsigtighedshensyn, herunder:
a)
beskyttelse af investorer, indskydere, forsikringstagere eller personer, over for hvem et finansieringsinstitut, en leverandør af grænseoverskridende finansielle tjenesteydelser eller en leverandør af finansielle tjenesteydelser har en tillidsforpligtelse
b)
opretholdelse af sikkerhed, soliditet, integritet og finansielt ansvar for så vidt angår et finansieringsinstitut, en leverandør af grænseoverskridende finansielle tjenesteydelser eller en leverandør af finansielle tjenesteydelser, eller
c)
sikring af en parts finansielle systems integritet og stabilitet.
2.   En part kan kræve registrering af leverandører af grænseoverskridende finansielle tjenesteydelser fra den anden part og af finansielle instrumenter, uden at dette udelukker andre former for tilsyn med grænseoverskridende handel med finansielle tjenesteydelser.
3.   En part kan med forbehold af artikel 13.3 og 13.4 forbyde en bestemt finansiel tjenesteydelse eller aktivitet af forsigtighedshensyn. Et sådan forbud må ikke finde anvendelse på alle finansielle tjenesteydelser eller en samlet delsektor af finansielle tjenesteydelser, herunder bankvirksomhed.
Artikel 13.17
Specifikke undtagelser
1.   Denne aftale finder ikke anvendelse på foranstaltninger truffet af en offentlig enhed som led i penge- eller valutapolitikker. Dette stykke berører ikke en parts forpligtelser i henhold til artikel 8.5 (performancekrav), 8.13 (overførsler) eller 13.9.
2.   Denne aftale pålægger ikke en part at levere eller give adgang til oplysninger om forretningsanliggender og konti for individuelle forbrugere, leverandører af grænseoverskridende finansielle tjenesteydelser, finansieringsinstitutter eller eventuelle fortrolige oplysninger, hvis offentliggørelse ville gribe ind i specifikke regulerings-, tilsyns- eller retshåndhævelsesanliggender eller på anden måde være i strid med offentlige interesser eller til skade for bestemte virksomheders legitime kommercielle interesser.
Artikel 13.18
Udvalget for Finansielle Tjenesteydelser
1.   Udvalget for Finansielle Tjenesteydelser, som er nedsat i medfør af artikel 26.2.1, litra f), (specialudvalg), skal omfatte repræsentanter for myndighederne med ansvar for politikkerne for finansielle tjenesteydelser og med ekspertise inden for det område, der er omfattet af dette kapitel. For så vidt angår Canada er udvalgets repræsentant en embedsmand fra Department of Finance Canada, eller hvem der måtte træde i stedet herfor.
2.   Udvalget for Finansielle Tjenesteydelser træffer beslutning efter gensidig overenskomst.
3.   Udvalget for Finansielle Tjenesteydelser skal mødes en gang om året, medmindre det beslutter noget andet, og skal:
a)
overvåge gennemførelsen af dette kapitel
b)
føre dialog om regulering af sektoren for finansielle tjenesteydelser med henblik på at forbedre det gensidige kendskab til parternes respektive lovgivningssystemer og at samarbejde om udarbejdelsen af internationale standarder, som det fremgår af den aftale om dialog om regulering af sektoren for finansielle tjenesteydelser, der er indeholdt i bilag 13-C, og
c)
gennemføre artikel 13.21.
Artikel 13.19
Konsultationer
1.   En part kan anmode om konsultationer med den anden part om ethvert spørgsmål, der opstår i medfør af denne aftale, og som berører finansielle tjenesteydelser. Den anden part skal tage anmodningen op til velvillig overvejelse.
2.   Afholdes der konsultationer i henhold til stk. 1, skal hver af parterne sikre, at deres delegation omfatter embedsmænd med relevant ekspertise på det område, der er omfattet af dette kapitel. For så vidt angår Canada er dette embedsmænd i Department of Finance Canada, eller hvem der måtte træde i stedet herfor.
Artikel 13.20
Bilæggelse af tvister
1.   Kapitel niogtyve (bilæggelse af tvister) finder med de ændringer, der følger af denne artikel, anvendelse på bilæggelse af tvister, der måtte opstå ved anvendelsen af nærværende kapitel.
2.   Kan parterne ikke nå til enighed om sammensætningen af det voldgiftspanel, der oprettes i forbindelse med en tvist, som opstår ved anvendelsen af dette kapitel, finder artikel 29.7 (voldgiftspanelets sammensætning) anvendelse. Dog skal alle henvisninger til listen over voldgiftsmænd, der er opstillet i henhold til artikel 29.8 (liste over voldgiftsmænd), læses som henvisninger til listen over voldgiftsmænd, som er fastsat i nærværende artikel.
3.   Det Blandede CETA-Udvalg kan opstille en liste over mindst 15 personer, der udvælges på grundlag af objektivitet, pålidelighed og sund dømmekraft, og som er villige og i stand til at fungere som voldgiftsmænd. Listen skal bestå af tre dellister: en delliste for hver part og en delliste over personer, som ikke er borgere i nogen af parterne, og som skal fungere som formænd. Hver delliste skal bestå af mindst fem personer. Det Blandede CETA-Udvalg kan til enhver tid revidere listen og sikre, at den er i overensstemmelse med denne artikel.
4.   De voldgiftsmænd, der er opført på listen, skal have ekspertise i eller erfaring med lovgivning og administrative bestemmelser om finansielle tjenesteydelser eller den praktiske anvendelse heraf, hvilket kan omfatte regulering af leverandører af finansielle tjenesteydelser. De voldgiftsmænd, der fungerer som formænd, skal også have erfaring som advokater, panelmedlemmer eller voldgiftsmand i tvistbilæggelsesprocedurer. Voldgiftsmænd skal være uafhængige og handle efter deres egen overbevisning og må ikke modtage instruktioner fra nogen organisation eller regering. De skal overholde adfærdskodeksen i bilag 29-B (adfærdskodeks).
5.   Finder voldgiftspanelet, at en foranstaltning er uforenelig med denne aftale, og at foranstaltningen:
a)
berører sektoren for finansielle tjenesteydelser og en hvilken som helst anden sektor, kan den klagende part suspendere fordele i sektoren for finansielle tjenesteydelser, hvis virkninger svarer til foranstaltningens virkninger i partens sektor for finansielle tjenesteydelser, eller
b)
kun berører en anden sektor end sektoren for finansielle tjenesteydelser, kan den klagende part ikke suspendere fordele i sektoren for finansielle tjenesteydelser.
Artikel 13.21
Investeringstvister vedrørende finansielle tjenesteydelser
1.   Kapitel otte, afdeling F, (bilæggelse af investeringstvister mellem investorer og stater) som ændret ved denne artikel samt bilag 13-B finder anvendelse på:
a)
investeringstvister vedrørende foranstaltninger, som er omfattet af nærværende kapitel, og hvor en investor indgiver klage over, at en part har overtrådt artikel 8.10 (behandling af investorer og omfattede investeringer), 8.11 (kompensation for tab), 8.12 (ekspropriation), 8.13 (overførsler), 8.16 (nægtelse af fordele), 13.3 eller 13.4, eller
b)
investeringstvister, der er indledt i henhold til kapitel otte, afdeling f, (bilæggelse af investeringstvister mellem investorer og stater), hvori artikel 13.16.1 er blevet påberåbt.
2.   I tilfælde af en investeringstvist under stk. 1, litra a), eller hvis den indklagede påberåber sig artikel 13.16.1 senest 60 dage efter indgivelsen af en klage til retten i henhold til artikel 8.23 (indgivelse af en klage til retten), skal der oprettes en afdeling af retten i overensstemmelse med artikel 8.27.7 (oprettelse af retten) fra den liste, der er opstillet i henhold til artikel 13.20.3. Påberåber den indklagede sig artikel 13.16.1 senest 60 dage efter indgivelse af en klage vedrørende en anden investeringstvist end i henhold til stk. 1, litra a), løber perioden for sammensætning af en afdeling af retten i henhold til artikel 8.27.7 (oprettelse af retten) fra den dato, hvor den indklagede påberåber sig artikel 13.16.1. Har Det Blandede CETA-Udvalg ikke foretaget udnævnelse i henhold til artikel 8.27.2 (oprettelse af retten) inden for den frist, der er fastsat i artikel 8.27.17 (oprettelse af retten), kan hver part i tvisten anmode om, at generalsekretæren for Det Internationale Center til Bilæggelse af Investeringstvister (»ICSID«) udpeger medlemmerne af retten fra den liste, der er opstillet i henhold til artikel 13.20. Er listen ikke blevet opstillet i henhold til artikel 13.20 på den dato, hvor klagen indgives i henhold til artikel 8.23 (indgivelse af en klage til retten), skal generalsekretæren for ICSID udpege rettens medlemmer blandt de personer, der foreslås af den ene eller begge parter i overensstemmelse med artikel 13.20.
3.   Den indklagede kan henvise sagen skriftligt til Udvalget for Finansielle Tjenesteydelser med henblik på en afgørelse om, hvorvidt og i givet fald i hvilket omfang undtagelsen i henhold til artikel 13.16.1 kan gøres gældende over for kravet. Henvisningen kan ikke foretages senere end den dato, som retten fastsætter for den indklagedes indgivelse af svarskrift. Har den indklagede henvist sagen til Udvalget for Finansielle Tjenesteydelser i henhold til dette stykke, suspenderes de frister eller procedurer, der er omhandlet i kapitel otte, afdeling F, (bilæggelse af investeringstvister mellem investorer og stater).
4.   Udvalget for Finansielle Tjenesteydelser eller Det Blandede CETA-Udvalg, alt efter omstændighederne, kan i forbindelse med en henvisning efter stk. 3 afgive en fælles konstatering om, hvorvidt og i hvilket omfang artikel 13.16.1 kan gøres gældende over for kravet. Udvalget for Finansielle Tjenesteydelser eller Det Blandede CETA-Udvalg, alt efter omstændighederne, skal fremsende en kopi af den fælles konstatering til investoren og retten, hvis denne er oprettet. Konkluderes det i den fælles konstatering, at artikel 13.16.1 kan gøres gældende over for alle dele af kravet i deres helhed, anses investoren for at have frafaldet sit krav, og de retslige procedurer ophæves i overensstemmelse med artikel 8.35 (ophævelse). Konkluderes det i den fælles konstatering, at artikel 13.16.1 kun kan gøres gældende over for dele af kravet, er den fælles konstatering bindende for retten med hensyn til disse dele af kravet. Suspensionen af de frister og retslige procedurer, der er beskrevet i stk. 3, finder derefter ikke længere anvendelse, og investoren kan gå videre med de resterende dele af kravet.
5.   Har Det Blandede CETA-Udvalg ikke afgivet en fælles konstatering senest tre måneder efter henvisning af sagen fra Udvalget for Finansielle Tjenesteydelser, finder suspensionen af de i stk. 3 omhandlede frister eller retslige procedurer ikke længere anvendelse, og investoren kan gå videre med sit krav.
6.   Efter anmodning fra den indklagede afgør retten indledningsvis, om og i hvilket omfang artikel 13.16.1 kan gøres gældende over for kravet. Undlader den indklagede at fremsætte en sådan anmodning, berører det ikke den indklagedes ret til at påberåbe sig artikel 13.16.1 i en senere fase af de retslige procedurer. Retten må ikke slutte modsætningsvis ud fra den omstændighed, at Udvalget for Finansielle Tjenesteydelser eller Det Blandede CETA-Udvalg ikke er nået til enighed om en fælles konstatering i overensstemmelse med bilag 13-B.
KAPITEL FJORTEN
Internationale søtransporttjenesteydelser
Artikel 14.1
Definitioner
I dette kapitel forstås ved:
toldbehandlingstjenesteydelser
 eller 
toldassistancetjenesteydelser
: gennemførelse, på honorar- eller kontraktbasis af toldformaliteter vedrørende import, eksport eller transport af gods, uanset om disse tjenesteydelser er den vigtigste eller den sekundære aktivitet hos tjenesteyderen
tjenesteydelser vedrørende containerterminaler og oplagring
: oplagring, fyldning, tømning eller reparation af containere og klargøring heraf med henblik på afskibning, såvel i havne som inde i landet
dør til dør-transport eller multimodal transport
: transport af gods i henhold til et gennemgående transportdokument, hvor der anvendes flere forskellige transportmetoder, herunder et internationalt søled
feedertjenesteydelser
: forudgående og efterfølgende transport af internationalt gods ad søvejen, navnlig i containere, stykgods og tør og våd bulkfragt mellem havne beliggende på en parts territorium. Det præciseres for så vidt angår Canada, at feedertjenesteydelser kan omfatte transport mellem havområder og indre vandveje, idet der ved indre vandveje forstås de vandveje, som er defineret i 
Customs Act
, R.S.C. 1985, c.1 (2
nd
 Supp.)
international godstransport
: transport af gods med søgående skibe mellem en havn i den ene part og en havn i den anden part eller et tredjeland eller mellem en havn i en EU-medlemsstat og en havn i en anden EU-medlemsstat
internationale søtransporttjenesteydelser
: transport af passagerer eller gods med søgående skibe mellem en havn i en part og en havn i den anden part eller et tredjeland eller mellem en havn i en EU-medlemsstat og en havn i en anden EU-medlemsstat samt direkte kontraktforhold med leverandører af andre transporttjenesteydelser for at sikre dør til dør-transport eller multimodal transport, men ikke levering af sådanne andre transporttjenesteydelser
leverandører af internationale søtransporttjenesteydelser
:
a)
en virksomhed i en part som defineret i artikel 1.1 (alment gældende definitioner) og en sådan enheds filial, eller
b)
en virksomhed som defineret i artikel 1.1 (alment gældende definitioner) i et tredjeland, der ejes eller kontrolleres af borgere fra en part, hvis virksomhedens skibe er registreret i overensstemmelse med denne parts lovgivning og fører partens flag, eller
c)
en filial af en virksomhed fra et tredjeland med væsentlige forretningsaktiviteter på en parts territorium, som er beskæftiget med levering af internationale søtransporttjenesteydelser. Det præciseres, at kapitel otte (investering) ikke finder anvendelse på en sådan filial
skibsagenturtjenesteydelser
: aktiviteter, der består i som agent inden for et givet geografisk område at repræsentere et eller flere rederiers forretningsinteresser til følgende formål:
a)
markedsføring og salg af tjenesteydelser inden for søtransport og i relation dertil, fra udarbejdelse af tilbud til fakturering, udstedelse af konnossementer på vegne af virksomhederne, erhvervelse og videresalg af de fornødne tilknyttede tjenesteydelser, udarbejdelse af dokumentation samt tilvejebringelse af forretningsoplysninger, og
b)
handling på virksomhedernes vegne ved organisering af skibsanløb eller overtagelse af gods, når det er påkrævet
søfartshjælpetjenesteydelser
: søgodshåndteringstjenesteydelser, toldbehandlingstjenesteydelser, tjenesteydelser vedrørende containerterminaler og oplagring, skibsagenturtjenesteydelser, maritim speditørtjenesteydelser og lager- og pakhustjenesteydelser
søgodshåndteringstjenesteydelser
: udførelse og tilrettelæggelse af og tilsyn med:
a)
lastning eller losning af gods til eller fra et fartøj
b)
surring eller afsurring af gods, og
c)
modtagelse eller levering og opbevaring af gods inden afsendelse eller efter losning
foretaget af stevedorevirksomheder eller terminaloperatørvirksomheder, men uden at dette omfatter arbejde, der udføres af havnearbejdskraft, når denne arbejdskraft er organiseret uafhængigt af stevedorevirksomheder eller terminaloperatørvirksomheder
maritime speditørtjenesteydelser
: tilrettelæggelse og overvågning af forsendelser på rederiernes vegne ved levering af tjenesteydelser som transportydelser og tilknyttede tjenesteydelser, konsolidering og pakning af fragt, udarbejdelse af dokumentation og tilvejebringelse af forretningsoplysninger
lager- og pakhustjenesteydelser
: lagertjenesteydelser for fryse- og kølevarer og styrtgodslagringstjenesteydelser for væsker eller gasser og andre lager- eller pakhustjenesteydelser.
Artikel 14.2
Anvendelsesområde
1.   Dette kapitel finder anvendelse på foranstaltninger, som en part indfører eller opretholder, vedrørende levering af internationale søtransporttjenesteydelser 
(
22
)
. Det præciseres, at sådanne foranstaltninger også er omfattet af kapitel otte (investering) og ni (grænseoverskridende handel med tjenesteydelser), alt efter omstændighederne.
2.   Det præciseres i tillæg til artikel 8.6 (national behandling), 8.7 (mestbegunstigelsesbehandling), 9.3 (national behandling) og 9.5 (mestbegunstigelsesbehandling), at en part ikke må indføre eller opretholde en foranstaltning vedrørende:
a)
et fartøj, der leverer internationale søtransporttjenesteydelser, og som sejler under den anden parts flag 
(
23
)
, eller
b)
en leverandør af internationale søtransporttjenesteydelser fra den anden part
der indrømmer en behandling, der er mindre gunstig end den behandling, som den pågældende part i lignende situationer indrømmer sine egne fartøjer eller leverandører af internationale søtransporttjenesteydelser eller til fartøjer eller leverandører af internationale søtransporttjenesteydelser fra et tredjeland med hensyn til:
a)
adgang til havne
b)
anvendelse af infrastruktur og tjenesteydelser i havne, såsom bugsering og lodsning
c)
anvendelse af søfartshjælpetjenesteydelser samt pålægning af de hermed forbundne gebyrer og afgifter
d)
adgang til toldfaciliteter, eller
e)
tildeling af liggeplads og faciliteter til lastning og losning 
(
24
)
.
Artikel 14.3
Forpligtelser
1.   Hver af parterne skal tillade leverandører af internationale søtransporttjenesteydelser fra den anden part at omrokere ejede eller lejede tomme containere, der transporteres på et ikke-indtægtsgivende grundlag mellem havne i den pågældende part.
2.   En part skal tillade leverandører af internationale søtransporttjenesteydelser fra den anden part at levere feedertjenesteydelser mellem havne i den pågældende part.
3.   En part må ikke indføre eller opretholde en lastdelingsaftale med et tredjeland vedrørende internationale søtransporttjenesteydelser, herunder transport af tør og flydende bulk og linjefart.
4.   En part må ikke indføre eller opretholde en foranstaltning, der kræver, at hele eller en del af en international fragt skal transporteres udelukkende af skibe, der er registreret i den pågældende part, eller som ejes eller kontrolleres af borgere i den pågældende part.
5.   Ingen af parterne må indføre eller opretholde en foranstaltning, der forhindrer leverandører af internationale søtransporttjenesteydelser fra den anden part i direkte at indgå kontrakt med andre leverandører af transporttjenesteydelser vedrørende dør til dør-transport eller multimodal transport.
Artikel 14.4
Forbehold
1.   Artikel 14.3 finder ikke anvendelse på:
a)
eksisterende uforenelige foranstaltninger, som opretholdes af en part på:
i)
EU-niveau som fastsat i EU's liste i bilag I
ii)
nationalt regeringsniveau som fastsat af denne part i sin liste i bilag I
iii)
provinsielt, territorialt eller regionalt regeringsniveau som fastsat af denne part i sin liste i bilag I, eller
iv)
lokalt regeringsniveau
b)
fortsat anvendelse eller omgående fornyelse af en uforenelig foranstaltning som omhandlet i litra a), eller
c)
en ændring af en uforenelig foranstaltning som omhandlet i litra a), i det omfang ændringen ikke gør foranstaltningen endnu mere uforenelig med artikel 14.3, end den var umiddelbart før ændringen.
2.   Artikel 14.3 finder ikke anvendelse på foranstaltninger, som en part indfører eller opretholder med hensyn til en sektor, delsektorer eller aktiviteter som fastsat i sin liste i bilag II.
KAPITEL FEMTEN
Telekommunikation
Artikel 15.1
Definitioner
I dette kapitel forstås ved:
bidragsforbindelse
: en forbindelse til transmission af lyd eller tv-signaler til et produktionscenter
omkostningsbaseret
: baseret på omkostninger, hvilket kan omfatte forskellige omkostningsmetoder for forskellige faciliteter eller tjenesteydelser
virksomhed
: en virksomhed som defineret i artikel 8.1 (definitioner)
væsentlige faciliteter
: faciliteter i forbindelse med offentlige telekommunikationsnet og -tjenester, som:
a)
udelukkende eller fortrinsvis stilles til rådighed af en enkelt eller et begrænset antal leverandører, og
b)
ikke økonomisk eller teknisk set kan erstattes med henblik på levering af en tjenesteydelse
sammenkobling
: etablering af forbindelse mellem leverandører, der stiller offentlige telekommunikationsnet eller -tjenesteydelser til rådighed, således at en leverandørs brugere kan kommunikere med en anden leverandørs brugere og få adgang til en anden leverandørs tjenesteydelser
virksomhedsintern kommunikation
: telekommunikation, hvorved en virksomhed kommunikerer internt eller med eller mellem datterselskaber, filialer og, med forbehold af en parts lovgivning, søsterselskaber, men som ikke omfatter kommercielle eller ikke-kommercielle tjenesteydelser, der leveres til virksomheder, som ikke er tilknyttede datterselskaber, filialer eller søsterselskaber, eller som tilbydes kunder eller potentielle kunder. Med henblik på denne definition forstås »datterselskaber«, »filialer« og i givet fald »søsterselskaber« som defineret af hver part
lejede kredsløb
: telekommunikationsfaciliteter mellem to eller flere udpegede punkter, der er reserveret til dedikeret brug af eller adgang til en bestemt kunde eller andre brugere efter kundens valg
storleverandør
: en leverandør, som materielt kan påvirke betingelserne for deltagelse, med udgangspunkt i priser og forsyning på det relevante marked for offentlige telekommunikationsnet eller -tjenester som følge af:
a)
sin kontrol over væsentlige faciliteter, eller
b)
udnyttelse af sin markedsstilling
nettermineringspunkt
: det fysiske punkt, hvor en bruger får adgang til et offentligt telekommunikationsnet
nummerportabilitet
: det forhold, at slutbrugere af offentlige telekommunikationstjenesteydelser kan beholde de samme telefonnumre på samme sted uden forringelse af kvalitet, pålidelighed eller komfort, når de skifter mellem leverandører inden for samme kategori af offentlige telekommunikationstjenesteydelser
offentligt telekommunikationsnet
: den offentlige telekommunikationsinfrastruktur, der muliggør telekommunikation mellem og blandt bestemte nettermineringspunkter
offentlig telekommunikationstjenesteydelse
: en telekommunikationstjenesteydelse, som en part udtrykkeligt eller de facto kræver tilbudt offentligheden, og som omfatter realtidstransmission af kundeleverede oplysninger mellem to eller flere punkter uden end-to-end-ændringer i formen eller indholdet af kundens oplysninger. Denne tjenesteydelse kan omfatte bl.a. taletelefonitjenesteydelser, pakke- og kredsløbskoblede datatransmissionstjenesteydelser, telextjenesteydelser, telegraftjenesteydelser, telefaxtjenesteydelser, private lejede kredsløbstjenesteydelser samt mobile og personlige kommunikationstjenesteydelser og -systemer
reguleringsmyndighed
: den enhed, der er ansvarlig for regulering på telekommunikationsområdet
telekommunikationstjenesteydelser
: alle tjenesteydelser vedrørende afsendelse og modtagelse af elektromagnetiske signaler, men som ikke omfatter økonomisk aktivitet, der består i at stille indhold til rådighed ved hjælp af telekommunikation, og
bruger
: en virksomhed eller en fysisk person, der anvender eller anmoder om en offentligt tilgængelig teletjenesteydelse.
Artikel 15.2
Anvendelsesområde
1.   Dette kapitel finder anvendelse på foranstaltninger, der indføres eller opretholdes af en part i forbindelse med telekommunikationsnet og -tjenesteydelser, med forbehold af en parts ret til at begrænse leveringen af en tjenesteydelse i overensstemmelse med sine forbehold som fastsat i sin liste til bilag I eller II.
2.   Dette kapitel finder ikke anvendelse på en parts foranstaltninger, som påvirker overførslen ved hjælp af enhver form for telekommunikation, herunder udsendelse og kabeldistribution af radio- eller tv-programmer, der er beregnet for offentligheden. Det præciseres, at dette kapitel finder anvendelse på bidragsforbindelser.
3.   Dette kapitel:
a)
pålægger ikke en part at tillade en tjenesteyder fra en anden part at oprette, konstruere, erhverve, lease, drive eller levere andre telekommunikationsnet eller -tjenesteydelser end dem, som er specifikt foreskrevet i denne aftale, eller
b)
pålægger ikke en part at oprette, konstruere, erhverve, lease, drive eller levere telekommunikationsnet eller -tjenesteydelser, der ikke tilbydes offentligheden generelt, eller at forpligte en tjenesteyder hertil.
Artikel 15.3
Adgang til og anvendelse af offentlige telekommunikationsnet eller -tjenesteydelser
1.   Hver af parterne skal sikre, at virksomheder fra den anden part har adgang til og kan anvende offentlige telekommunikationsnet eller -tjenesteydelser på rimelige og ikke-diskriminerende vilkår og betingelser, herunder med hensyn til kvalitet, tekniske standarder og specifikationer 
(
25
)
. Parterne skal anvende denne forpligtelse bl.a. som fastsat i stk. 2-6.
2.   Hver af parterne skal sikre, at virksomheder fra den anden part har adgang til og kan benytte alle offentlige telekommunikationsnet eller -tjenester, der tilbydes inden for eller på tværs af deres grænser, herunder private lejede kredsløb, og skal med henblik herpå og med forbehold af stk. 5 og 6 sikre, at disse virksomheder har adgang til at:
a)
købe eller lease og tilslutte terminaler eller andet udstyr, der har grænseflader med det offentlige telekommunikationsnet
b)
forbinde private lejede eller ejede kredsløb med offentlige telekommunikationsnet og -tjenesteydelser fra denne part eller med kredsløb, der lejes eller ejes af en anden virksomhed
c)
anvende betjeningsprotokoller efter eget valg, og
d)
udføre koblings-, signalerings- og behandlingsfunktioner.
3.   Hver af parterne skal sikre, at virksomheder fra den anden part kan anvende offentlige telekommunikationsnet og -tjenesteydelser til fremsendelse af oplysninger på deres territorium eller på tværs af deres grænser, herunder til sådanne virksomheders virksomhedsinterne kommunikation, og til at få adgang til oplysninger, der er indeholdt i databaser eller på anden måde lagret i maskinlæsbar form på den ene eller den anden parts territorium.
4.   I tillæg til artikel 28.3 (almindelige undtagelser) og uanset stk. 3 skal hver af parterne træffe passende foranstaltninger til at beskytte:
a)
sikkerheden og fortroligheden af offentlige telekommunikationstjenesteydelser, og
b)
privatlivets fred for brugere af offentlige telekommunikationstjenesteydelser
underlagt kravet om, at sådanne foranstaltninger ikke anvendes på en sådan måde, at de udgør et middel til vilkårlig eller uberettiget forskelsbehandling eller en skjult begrænsning af samhandelen.
5.   Hver af parterne skal sikre, at der ikke stilles andre betingelser for adgang til og anvendelse af offentlige telekommunikationsnet og -tjenesteydelser end dem, der er nødvendige for:
a)
at varetage det ansvar for offentlige tjenester, der påhviler leverandører af offentlige telekommunikationsnet og -tjenesteydelser, navnlig deres mulighed for at gøre deres net eller tjenesteydelser tilgængelige for offentligheden i almindelighed
b)
at beskytte offentlige telekommunikationsnets eller -tjenesteydelsers tekniske integritet, eller
c)
at sikre, at tjenesteydere fra den anden part ikke leverer tjenesteydelser, der er begrænset af partens forbehold som fastsat i dens liste i bilag I eller II.
6.   Under forudsætning af, at de opfylder kriterierne i stk. 5, kan betingelserne for adgang til og anvendelse af offentlige telekommunikationsnet og -tjenesteydelser omfatte:
a)
begrænsninger af videresalg eller delt anvendelse af disse tjenesteydelser
b)
krav om at benytte specificerede tekniske grænseflader, herunder grænsefladeprotokoller, til indbyrdes forbindelse med sådanne net eller tjenesteydelser
c)
i givet fald krav for disse tjenesteydelsers interoperabilitet
d)
typegodkendelse af terminaler eller andet udstyr, der har grænseflader med nettet, og tekniske krav vedrørende tilslutningen af sådant udstyr til sådanne net
e)
begrænsninger af tilslutning af private lejede eller ejede kredsløb med sådanne net eller tjenesteydelser eller med sådanne kredsløb, der lejes eller ejes af en anden virksomhed, og
f)
anmeldelse, registrering og godkendelse.
Artikel 15.4
Konkurrencebeskyttelse over for storleverandører
1.   Hver af parterne skal opretholde passende foranstaltninger med henblik på at forhindre leverandører, som alene eller sammen udgør en storleverandør, i at påbegynde eller fortsætte med konkurrencebegrænsende adfærd.
2.   Den i stk. 1 omhandlede konkurrencebegrænsende adfærd omfatter:
a)
konkurrencebegrænsende krydssubsidiering
b)
udnyttelse af oplysninger fra konkurrenter til konkurrencebegrænsende formål, og
c)
undladelse af rettidigt at give andre tjenesteydere oplysninger om væsentlige faciliteter og kommercielt relevante oplysninger, som de har brug for for at kunne levere tjenesteydelser.
Artikel 15.5
Adgang til væsentlige faciliteter
1.   Hver af parterne skal sikre, at storleverandører på deres territorier stiller deres væsentlige faciliteter, som bl.a. kan omfatte netværkselementer, driftsstøttesystemer eller støttestrukturer, til rådighed for leverandører af telekommunikationstjenesteydelser fra den anden part på rimelige og ikke-diskriminerende vilkår og betingelser og til omkostningsbaserede takster.
2.   Hver af parterne kan i overensstemmelse med deres lovgivning fastsætte de væsentlige faciliteter, der skal stilles til rådighed på deres territorier.
Artikel 15.6
Sammenkobling
1.   Hver af parterne skal sikre, at storleverandører på deres territorium tilbyder sammenkobling:
a)
ved ethvert teknisk realisabelt punkt på nettet
b)
på ikke-diskriminerende vilkår, betingelser, herunder tekniske standarder og specifikationer, samt takster
c)
af en kvalitet, der ikke er lavere end den, der leveres i forbindelse med deres egne lignende tjenesteydelser eller lignende tjenestedydelser fra ikke-tilknyttede leverandører eller fra deres datterselskaber eller andre søsterselskaber
d)
rettidigt på vilkår og betingelser (herunder hvad angår tekniske standarder og specifikationer) samt til omkostningsbaserede takster, som er gennemsigtige og rimelige under hensyntagen til de økonomiske muligheder og tilstrækkeligt ubundtede til, at leverandøren ikke er nødt til at betale for netværkskomponenter eller -faciliteter, som ikke er nødvendige for at kunne levere tjenesteydelsen, og
e)
efter anmodning ved yderligere punkter end de nettermineringspunkter, der tilbydes hovedparten af brugerne, mod betaling af gebyrer, der afspejler omkostningerne ved oprettelsen af de nødvendige yderligere faciliteter.
2.   En leverandør, der har tilladelse til at levere telekommunikationstjenesteydelser, har ret til at forhandle en ny sammenkoblingsaftale med andre leverandører af offentlige telekommunikationsnet og -tjenesteydelser. Hver af parterne skal sikre, at storleverandører skal oprette et referencetilbud på samtrafiktakster eller forhandle om sammenkoblingsaftaler med andre leverandører af telekommunikationsnet og -tjenesteydelser.
3.   Hver af parterne skal sikre, at leverandører af offentlige telekommunikationstjenesteydelser, der får oplysninger fra en tilsvarende leverandør under forhandlingerne om sammenkoblingsaftaler, udelukkende anvender disse oplysninger til det formål, hvortil de er givet, og til enhver tid respekterer, at de oplysninger, der fremsendes eller opbevares, skal behandles fortroligt.
4.   Hver af parterne skal sikre, at procedurerne for sammenkobling med en storleverandør offentliggøres.
5.   Hver af parterne skal sikre, at storleverandører offentliggør deres sammenkoblingsaftaler eller referencetilbud på sammenkobling, hvis det er hensigtsmæssigt.
Artikel 15.7
Tilladelse til levering af telekommunikationstjenesteydelser
Hver af parterne bør sikre, at tilladelsen til at levere telekommunikationstjenesteydelser, hvor det er muligt, er baseret på en simpel anmeldelsesprocedure.
Artikel 15.8
Forsyningspligtydelser
1.   Hver af parterne kan hver især fastlægge den form for forsyningspligtydelser, de ønsker at opretholde.
2.   Hver af parterne skal sikre, at enhver foranstaltning om forsyningspligt, der indføres eller opretholdes, administreres på en gennemsigtig, objektiv, ikke-diskriminerende og konkurrencemæssigt neutral måde. Hver af parterne skal desuden sikre, at den ikke pålægger en forsyningspligt, som er unødigt byrdefuld i betragtning af den form for forsyningspligtydelser, parten har defineret.
3.   Alle tjenesteydere bør kunne komme i betragtning til at varetage forsyningspligtydelser. Skal en leverandør udpeges som leverandør af en forsyningspligtydelse, skal en part sikre, at udvælgelsen sker ved en effektiv, gennemsigtig og ikke-diskriminerende procedure.
Artikel 15.9
Knappe ressourcer
1.   Hver af parterne skal administrere sine procedurer for tildeling og anvendelse af knappe ressourcer, herunder frekvenser, numre og adgangsrettigheder, på en objektiv, rettidig, gennemsigtig og ikke-diskriminerende måde.
2.   En part kan uanset artikel 8.4 (markedsadgang) og 9.6 (markedsadgang) indføre eller opretholde en foranstaltning til allokering af spektrum og forvaltning af frekvenser. Som følge heraf bibeholder hver af parterne retten til at fastsætte og anvende deres egne politikker for forvaltning af spektrum og frekvenser, som kan begrænse antallet af leverandører af offentlige telekommunikationstjenesteydelser. Hver af parterne bibeholder også retten til at allokere frekvensbånd under hensyn til eksisterende og fremtidige behov.
3.   Hver af parterne skal gøre den nuværende allokering af frekvensbånd offentligt tilgængelig, men er ikke forpligtet til at forelægge detaljerede oplysninger om frekvenser, der er allokeret til særlige statslige anvendelser.
Artikel 15.10
Nummerportabilitet
Hver af parterne skal sikre, at leverandører af offentlige telekommunikationstjenesteydelser på deres territorium tilbyder nummerportabilitet på rimelige vilkår og betingelser.
Artikel 15.11
Reguleringsmyndighed
1.   Hver af parterne skal sikre, at deres reguleringsmyndighed er retligt adskilt fra og operationelt uafhængig af leverandører af telekommunikationsnet, -tjenesteydelser eller -udstyr, herunder hvis en part bevarer ejerskab til eller kontrol over en leverandør af telekommunikationsnet eller -tjenesteydelser.
2.   Hver af parterne skal sikre, at deres reguleringsmyndigheds beslutninger og procedurer er upartiske over for alle markedsdeltagere og forvaltes på en gennemsigtig og rettidig måde.
3.   Hver af parterne skal sikre, at deres reguleringsmyndighed har tilstrækkelige beføjelser til at regulere sektoren, herunder ved at sikre, at den er bemyndiget til:
a)
at kræve, at leverandører af telekommunikationsnet eller -tjenesteydelser indsender alle de oplysninger, reguleringsmyndigheden anser som nødvendige for forvaltningen af sine opgaver, og
b)
at håndhæve sine afgørelser vedrørende de forpligtelser, der er fastsat i artikel 15.3-15.6 gennem passende sanktioner, som kan omfatte økonomiske sanktioner, påbud om at afhjælpe eller suspension eller tilbagekaldelse af godkendelser.
Artikel 15.12
Bilæggelse af tvister på telekommunikationsområdet
1.   Hver af parterne skal i tillæg til artikel 27.3 (administrative procedurer) og 27.4 (prøvelse og appel) sikre:
a)
at virksomheder rettidigt kan henvende sig til deres reguleringsmyndighed for at bilægge tvister med leverandører af offentlige telekommunikationsnet eller -tjenesteydelser vedrørende de i artikel 15.3-15.6 omhandlede anliggender, som i henhold til den pågældende parts lovgivning henhører under reguleringsmyndighedens kompetence. Reguleringsmyndigheden skal udstede en bindende afgørelse for at bilægge tvisten inden for en rimelig frist, og
b)
at leverandører af telekommunikationsnet eller -tjenesteydelser fra den anden part, der anmoder om adgang til væsentlige faciliteter eller sammenkobling med en storleverandør på den pågældende parts territorium, inden for en rimelig og offentligt fastsat frist, kan henvende sig til en reguleringsmyndighed for at bilægge tvister vedrørende passende vilkår, betingelser og takster for sammenkobling eller adgang med denne storleverandør.
2.   Hver af parterne skal sikre, at en virksomhed, hvis interesser berøres negativt af en reguleringsmyndigheds konstatering eller afgørelse, kan få konstateringen eller afgørelsen prøvet af en upartisk og uafhængig retslig, domstolslignende eller administrativ myndighed som fastsat i partens lovgivning. Den retslige, domstolslignende eller administrative myndighed skal give virksomheden en skriftlig begrundelse for sin konstatering eller afgørelse. Hver af parterne skal sikre, at sådanne konstateringer eller afgørelser med forbehold af appel eller yderligere prøvelse gennemføres af reguleringsmyndigheden.
3.   En anmodning om domstolsprøvelse berettiger ikke til at undlade at efterkomme reguleringsmyndighedens konstatering eller afgørelse, medmindre den relevante retslige myndighed tillægger den pågældende konstatering eller afgørelse opsættende virkning.
Artikel 15.13
Gennemsigtighed
1.   Hver part skal i tillæg til artikel 27.1 (offentliggørelse) og 27.2 (udveksling af oplysninger) og i tillæg til de øvrige bestemmelser i dette kapitel vedrørende offentliggørelse af oplysninger offentliggøre:
a)
reguleringsmyndighedens opgaver på lettilgængelig og klar vis, navnlig når disse opgaver er fordelt på flere organer
b)
sine foranstaltninger vedrørende offentlige telekommunikationsnet eller -tjenesteydelser, herunder:
i)
sin reguleringsmyndigheds reguleringsforanstaltninger samt grundlaget for disse foranstaltninger
ii)
takster og andre betingelser og vilkår for tjenesteydelser
iii)
specifikationer for tekniske grænseflader
iv)
betingelser for tilslutning af terminaler eller andet udstyr til det offentlige telekommunikationsnet
v)
eventuelle krav om anmeldelse, godkendelse, registrering eller godkendelse, og
c)
oplysninger om organer med ansvar for at forberede, ændre og vedtage standardiseringsforanstaltninger.
Artikel 15.14
Tilbageholdenhed
Parterne anerkender betydningen af et konkurrencepræget marked for at nå legitime offentlige politiske mål for telekommunikationstjenester. Hver af parterne kan med henblik herpå og i det omfang, der er mulighed herfor i deres lovgivning, undlade at anvende en forskrift på en telekommunikationstjenesteydelse, når det på grundlag af en markedsanalyse konkluderes, at der er opnået effektiv konkurrence.
Artikel 15.15
Forholdet til andre kapitler
I det omfang, der måtte være uoverensstemmelse mellem nærværende kapitel og et andet kapitel, går nærværende kapitel forud.
KAPITEL SEKSTEN
Elektronisk handel
Artikel 16.1
Definitioner
I dette kapitel forstås ved:
levering
: et edb-program, en tekst, en video, et billede, en lydoptagelse eller anden levering, der er digitalt indkodet, og
elektronisk handel
: handel, der gennemføres via telekommunikation, alene eller i sammenhæng med andre informations- og kommunikationsteknologier.
Artikel 16.2
Formål og anvendelsesområde
1.   Parterne anerkender, at elektronisk handel øger den økonomiske vækst og handelsmulighederne i mange sektorer, og bekræfter WTO-reglernes anvendelighed på elektronisk handel. Parterne er enige om at fremme udviklingen af deres indbyrdes elektroniske handel, navnlig ved at samarbejde om de aspekter af elektronisk handel, der bringes op i dette kapitel.
2.   Dette kapitel forpligter ikke en part til at tillade en levering, der fremsendes elektronisk, medmindre dette sker i overensstemmelse med partens forpligtelser i henhold til en anden bestemmelse i denne aftale.
Artikel 16.3
Told på elektroniske leveringer
1.   Ingen af parterne må pålægge en told, et gebyr eller en afgift på en levering, der fremsendes elektronisk.
2.   Det præciseres, at stk. 1 ikke er til hinder for, at en part pålægger en intern skat eller anden intern afgift på en levering, der fremsendes elektronisk, forudsat at denne skat eller afgift pålægges på en måde, der er forenelig med denne aftale.
Artikel 16.4
Tillid og fortrolighed i forbindelse med elektronisk handel
Hver af parterne bør indføre eller opretholde love, forskrifter eller administrative foranstaltninger til beskyttelse af personlige oplysninger om brugere, der foretager elektronisk handel, og skal i denne forbindelse tage behørigt hensyn til internationale standarder for databeskyttelse fra relevante internationale organisationer, som begge parter er medlem af.
Artikel 16.5
Generelle bestemmelser
I betragtning af potentialet ved elektronisk handel som et socialt og økonomisk udviklingsredskab anerkender parterne betydningen af:
a)
klarhed, gennemsigtighed og forudsigelighed i deres interne forskriftsmæssige rammer for at fremme udviklingen af elektronisk handel mest muligt
b)
interoperabilitet, innovation og konkurrence til fremme af elektronisk handel, og
c)
at fremme små og mellemstore virksomheders anvendelse af elektronisk handel.
Artikel 16.6
Dialog om elektronisk handel
1.   Idet parterne anerkender den globale karakter af elektronisk handel, er de enige om at føre en dialog om spørgsmål, som bringes op i forbindelse med elektronisk handel, herunder:
a)
anerkendelse af certifikater til elektroniske signaturer, der udstedes til offentligheden, og fremme af grænseoverskridende certificeringstjenester
b)
formidleransvar for tjenesteydere med hensyn til videreformidling eller lagring af oplysninger
c)
behandling af uopfordret elektronisk kommerciel kommunikation, og
d)
beskyttelse af personlige oplysninger og beskyttelse af forbrugere og virksomheder mod bedragerisk og vildledende handelspraksis inden for elektronisk handel.
2.   Dialogen i stk. 1 kan foregå i form af udveksling af oplysninger om parternes respektive love, forskrifter og andre foranstaltninger vedrørende disse spørgsmål samt udveksling af erfaringer om gennemførelsen af sådanne love, forskrifter og andre foranstaltninger.
3.   Idet parterne anerkender den globale karakter af elektronisk handel, bekræfter de vigtigheden af at deltage aktivt i multilaterale fora med henblik på at fremme udviklingen af den elektroniske handel.
Artikel 16.7
Forholdet til andre kapitler
I det omfang, der måtte være uoverensstemmelse mellem nærværende kapitel og et andet kapitel i denne aftale, går det andet kapitel forud.
KAPITEL SYTTEN
Konkurrencepolitik
Artikel 17.1
Definitioner
I dette kapitel forstås ved:
konkurrencebegrænsende forretningsadfærd
: konkurrencebegrænsende aftaler, samordnet praksis eller aftaler mellem konkurrenter, konkurrencebegrænsende adfærd hos en virksomhed, der har en dominerende stilling på markedet og fusioner med væsentlige konkurrencebegrænsende virkninger, og
tjenesteydelse af almindelig økonomisk interesse
: for så vidt angår Den Europæiske Union en tjenesteydelse, der ikke kan udføres tilfredsstillende og på betingelser, såsom pris, objektive kvalitative karakteristika, kontinuitet og adgang til tjenesteydelsen, der er i overensstemmelse med den offentlige interesse, af en virksomhed, der drives på normale markedsvilkår. Udførelsen af en tjenesteydelse af almindelig økonomisk interesse skal være betroet af staten til en eller flere virksomheder i kraft af en overdragelsesakt, der fastsætter de pågældende virksomheders og statens forpligtelser.
Artikel 17.2
Konkurrencepolitik
1.   Parterne anerkender vigtigheden af fri og uhindret konkurrence i deres handelsrelationer. Parterne erkender, at konkurrencebegrænsende forretningsadfærd kan lægge hindringer i vejen for velfungerende markeder og underminere fordelene ved handelsliberalisering.
2.   Parterne skal træffe passende foranstaltninger til at forbyde konkurrencebegrænsende forretningsadfærd, idet de anerkender, at sådanne foranstaltninger vil styrke opfyldelsen af målene i denne aftale.
3.   Parterne skal samarbejde om spørgsmål vedrørende forbuddet mod konkurrencebegrænsende forretningsadfærd i frihandelsområdet i overensstemmelse med 
aftalen mellem De Europæiske Fællesskaber og Canadas regering om anvendelsen af deres konkurrencelovgivning
, indgået den 17. juni 1999 i Bonn.
4.   De i stk. 2 omhandlede foranstaltninger skal være i overensstemmelse med principperne om gennemsigtighed, ikke-diskrimination og proceduremæssig retfærdighed. Undtagelser fra anvendelsen af konkurrencelovgivningen skal være gennemsigtige. Parterne skal give hinanden adgang til offentlige oplysninger om sådanne undtagelser i henhold til deres konkurrencelovgivning.
Artikel 17.3
Anvendelse af konkurrencepolitikken på virksomheder
1.   Parterne skal sikre, at de i artikel 17.2.2 omhandlede foranstaltninger finder anvendelse på parterne i det omfang, dette kræves i deres lovgivning.
2.   Det præciseres:
a)
for så vidt angår Canada, at 
Competition Act
, R.S.C. 1985, c. C-34, er bindende for og finder anvendelse på juridiske personer, der er bemyndigede på vegne af Hendes Majestæt i Canada eller i en provinsmed hensyn til kommercielle aktiviteter, som disse juridiske personer udøver i aktuel eller potentiel konkurrence med andre personer, i det omfang den nævnte lov ville finde anvendelse, hvis disse juridiske personer ikke var bemyndigede på vegne af Hendes Majestæt. Sådanne juridiske personer kan omfatte statslige virksomheder, monopoler og virksomheder med særlige eller eksklusive rettigheder eller privilegier, og
b)
for så vidt angår Den Europæiske Union, at statslige virksomheder, monopoler og virksomheder med særlige rettigheder eller privilegier, er omfattet af Den Europæiske Unions konkurrencelovgivning. Virksomheder, der har fået overdraget udførelsen af tjenesteydelser af almindelig økonomisk interesse, eller som har karakter af fiskale monopoler, er omfattet af disse regler, i det omfang anvendelsen af disse regler ikke retligt eller faktisk hindrer opfyldelsen af de særlige opgaver, som er betroet dem.
Artikel 17.4
Bilæggelse af tvister
Intet i dette kapitel skal være underlagt nogen form for bilæggelse af tvister i henhold til denne aftale.
KAPITEL ATTEN
Statslige virksomheder, monopoler og virksomheder med særlige rettigheder eller privilegier
Artikel 18.1
Definitioner
I dette kapitel forstås ved:
omfattet enhed
:
a)
et monopol
b)
en leverandør af en vare eller tjenesteydelse, hvis det er en af de få leverandører af varer eller tjenesteydelser, som er meddelt tilladelse eller etableret af en part, formelt eller reelt, og parten i alt væsentligt forhindrer konkurrence mellem disse leverandører på sit territorium
c)
enhver enhed, som en part formelt eller reelt har indrømmet særlige rettigheder eller privilegier til levering af en vare eller tjenesteydelse, hvilket i væsentlig grad påvirker enhver anden virksomheds muligheder for at levere den samme vare eller tjenesteydelse i samme geografiske område på i alt væsentligt ensartede betingelser og gør det muligt for enheden helt eller delvist at unddrage sig konkurrencepresset eller markedsbegrænsninger 
(
26
)
, eller
d)
en statslig virksomhed
udpege
: at oprette eller tillade et monopol eller at udvide omfanget af et monopol til at omfatte yderligere varer eller tjenesteydelser
i overensstemmelse med kommercielle betragtninger
: i overensstemmelse med sædvanlig forretningspraksis i en privatejet virksomhed inden for den relevante erhvervsgren eller industri, og
ikke-diskriminerende behandling
: den bedste behandling af national behandling og mestbegunstigelsesbehandling som fastsat i denne aftale.
Artikel 18.2
Anvendelsesområde
1.   Parterne bekræfter deres rettigheder og forpligtelser i henhold til artikel XVII:1-XVII:3 i GATT 1994, 
forståelsen vedrørende fortolkningen af artikel XVII i den almindelige overenskomst om told og udenrigshandel 1994
 og artikel VIII:1 og VIII:2 i GATS, der alle hermed er inkorporeret i og gjort til en del af nærværende aftale.
2.   Dette kapitel finder ikke anvendelse på en parts indkøb af en vare eller en tjenesteydelse til statslig brug og uden sigte på kommercielt videresalg og ej heller med sigte på anvendelse i forbindelse med levering af en vare eller en tjenesteydelse til kommercielt salg, uanset om indkøbet er et »omfattet udbud« i den i artikel 19.2 (anvendelsesområde og dækning) anvendte betydning.
3.   Artikel 18.4 og 18.5 finder ikke anvendelse på de sektorer, der er anført i artikel 8.2 (anvendelsesområde) og artikel 9.2 (anvendelsesområde).
4.   Artikel 18.4 og 18.5 finder ikke anvendelse på en foranstaltning fra en omfattet enhed, hvis en parts forbehold, der er taget mod en forpligtelse til national behandling eller mestbegunstigelsesbehandling som fastsat i den pågældende parts liste i bilag I, II eller III ville finde anvendelse, hvis den samme foranstaltning var blevet indført eller opretholdt af denne part.
Artikel 18.3
Statslige virksomheder, monopoler og virksomheder med særlige rettigheder eller privilegier
1.   Uden at dette berører parternes rettigheder og forpligtelser i henhold til denne aftale, er der intet i dette kapitel, der er til hinder for, at en part udpeger eller opretholder statslige virksomheder eller monopoler eller giver virksomheder særlige rettigheder eller privilegier.
2.   En part må ikke kræve eller tilskynde en omfattet enhed til at handle på en måde, der er uforenelig med denne aftale.
Artikel 18.4
Ikke-diskriminerende behandling
1.   Hver af parterne skal sikre, at en omfattet enhed på deres territorium yder ikke-diskriminerende behandling af omfattede investeringer, af en vare fra den anden part eller af en tjenesteyder fra den anden part i forbindelse med køb eller salg af en vare eller en tjenesteydelse.
2.   Handler en omfattet enhed som beskrevet i litra b)-d) i definitionen af »omfattet enhed« i artikel 18.1 i overensstemmelse med artikel 18.5.1, skal den part, på hvis territorium den omfattede enhed er beliggende, anses for at opfylde de forpligtelser, der er fastsat i stk. 1, for så vidt angår den omfattede enhed.
Artikel 18.5
Kommercielle betragtninger
1.   Hver af parterne skal sikre, at en omfattet enhed på deres territorium handler i overensstemmelse med kommercielle hensyn ved køb eller salg af varer, herunder med hensyn til pris, kvalitet, rådighed, omsættelighed, transport og andre vilkår og betingelser for køb eller salg, samt i forbindelse med køb eller levering af tjenesteydelser, herunder når sådanne varer eller tjenesteydelser leveres til eller af en investering foretaget af en investor fra den anden part.
2.   Handler en omfattet enhed i overensstemmelse med artikel 18.4 og kapitel sytten (konkurrencepolitik), finder forpligtelsen i stk. 1 ikke anvendelse:
a)
i tilfælde af et monopol, på opfyldelsen af det formål, hvortil monopolet er blevet oprettet, eller for hvilket der er givet særlige rettigheder eller privilegier, såsom en forsyningspligtydelse eller regional udvikling, eller
b)
i tilfælde af en statslig virksomhed, på opfyldelsen af dens offentlige opgaver.
KAPITEL NITTEN
Offentlige udbud
Artikel 19.1
Definitioner
I dette kapitel forstås ved:
kommercielle varer eller tjenesteydelser
: varer eller tjenesteydelser af en type, der generelt sælges eller udbydes til salg på det kommercielle marked til, og som sædvanligvis købes af, ikke-statslige købere til ikke-statslig brug
tjenesteydelse inden for bygge- og anlægsvirksomhed
: en tjenesteydelse med det formål at udføre et bygge- eller anlægsarbejde ved et hvilket som helst middel, baseret på hovedgruppe 51 i FN's foreløbige centrale produktklassifikation (»CPC«)
elektronisk auktion
: en iterativ proces, der involverer brug af elektroniske midler, således at leverandører kan præsentere enten nye priser eller nye værdier for kvantificerbare, ikke-prismæssige elementer i tilbuddet i tilknytning til evalueringskriterierne eller begge dele, og som fører til tilbuddenes klassificering eller fornyede klassificering
på skrift
 eller 
skriftligt
: ethvert udtryk i ord eller tal, der kan læses, gengives og senere videreformidles. Det kan omfatte elektronisk fremsendte og lagrede oplysninger
udbud med forhandling
: en udbudsprocedure, hvorved ordregiveren kontakter en eller flere leverandører efter eget valg
foranstaltning
: enhver lov, forskrift, procedure, administrativ vejledning eller praksis eller en ordregivers handlinger i forbindelse med et omfattet udbud
leverandørliste
: en liste over leverandører, som en ordregiver har fastslået opfylder betingelserne for optagelse på den pågældende liste, og som ordregiveren agter at anvende mere end en gang
bekendtgørelse om påtænkt udbud
: en bekendtgørelse offentliggjort af en ordregiver, som opfordrer interesserede leverandører til at indsende en anmodning om deltagelse, et tilbud eller begge dele
kompensationskøb
: betingelser eller tiltag, der fremmer lokal udvikling eller forbedrer en parts betalingsbalancesituation, såsom anvendelse af indenlandsk indhold, tildeling af licens på teknologi, investeringer, modkøb eller lignende handlinger eller betingelser
åbent udbud
: en udbudsprocedure, hvorved allerede interesserede leverandører kan afgive tilbud
person
: en »person« som defineret i artikel 1.1 (alment gældende definitioner)
ordregiver
: en enhed, der i henhold til bilag 19-1, 19-2 eller 19-3 er omfattet af en parts markedsadgangsliste for dette kapitel
kvalificeret leverandør
: en leverandør, som en ordregiver anerkender har opfyldt betingelserne for deltagelse
begrænset udbud
: en udbudsprocedure, hvor ordregiveren kun opfordrer kvalificerede leverandører til at afgive tilbud
tjenesteydelser
: omfatter bygge- og anlægsarbejder, medmindre andet er angivet
standard
: et dokument godkendt af et anerkendt organ, som muliggør almindelig og gentagen anvendelse, regler, retningslinjer eller karakteristika for varer eller tjenesteydelser eller de dermed forbundne processer og produktionsmetoder, hvis overholdelse ikke er obligatorisk. Det kan også omfatte eller udelukkende fastsætte de krav til terminologi, symboler, emballering, mærkning eller etikettering, som en vare, tjenesteydelse, produktionsproces eller produktionsmetode skal opfylde
leverandør
: en person eller gruppe af personer, der leverer eller kan levere varer eller tjenesteydelser, og
teknisk specifikation
: et krav i udbuddet:
a)
der fastsætter karakteristikaene for den vare eller tjenesteydelse, der skal indkøbes, herunder kvalitet, præstation, sikkerhed og dimensioner, eller processerne eller metoderne for produktion eller levering heraf, eller
b)
som vedrører kravene til terminologi, symboler, emballering, mærkning eller etikettering, således som de finder anvendelse på en vare eller tjenesteydelse.
Artikel 19.2
Anvendelsesområde og dækning
1.   Dette kapitel finder anvendelse på alle foranstaltninger vedrørende et omfattet udbud, uanset om det helt eller delvist gennemføres elektronisk.
2.   I dette kapitel forstås ved »omfattede udbud« udbud til statslig brug:
a)
af en vare, en tjenesteydelse eller enhver kombination heraf:
i)
som specificeret i hver parts bilag til sin markedsadgangsliste for dette kapitel, og
ii)
som ikke indkøbes med henblik på kommercielt salg eller videresalg eller til brug i forbindelse med produktion eller levering af en vare eller en tjenesteydelse til kommercielt salg eller videresalg
b)
foretaget på basis af en kontrakt, uanset dennes form, herunder: køb, leasing og leje med eller uden forkøbsret
c)
for hvilke værdien som anslået i overensstemmelse med stk. 6-8 svarer til eller overstiger den relevante tærskel, som er specificeret i partens bilag til dens markedsadgangsliste for dette kapitel, på datoen for offentliggørelse af en bekendtgørelse i overensstemmelse med artikel 19.6
d)
foretaget af en ordregiver, og
e)
som ikke på anden måde er udelukket fra at være omfattet i medfør af stk. 3 eller en parts bilag til dens markedsadgangsliste for dette kapitel.
3.   Medmindre andet er anført i en parts bilag til dens markedsadgangsliste for dette kapitel, finder dette kapitel ikke anvendelse på:
a)
erhvervelse eller leje af jord, eksisterende bygninger eller anden fast ejendom eller rettigheder hertil
b)
ikke-kontraktbaserede aftaler eller enhver form for bistand, som en part yder, herunder kooperative aftaler, tilskud, lån, kapitalindskud, garantier og skatteincitamenter
c)
indkøb eller erhvervelse af finansformidler- og depottjenesteydelser, likvidations- og forvaltningstjenesteydelser for regulerede finansieringsinstitutter eller tjenesteydelser i forbindelse med salg, indfrielse og distribution af offentlig gæld, herunder lån og statsobligationer, gældsbeviser og andre værdipapirer
d)
offentlige ansættelseskontrakter
e)
udbud, der foretages:
i)
med det specifikke formål at yde international bistand, herunder udviklingsbistand
ii)
inden for rammerne af den særlige procedure eller betingelse, der gælder for en international aftale vedrørende udstationering af tropper eller vedrørende de undertegnende landes fælles gennemførelse af et projekt, eller
iii)
i henhold til den særlige procedure eller betingelse, der gælder for en international organisation eller en organisation finansieret gennem internationale tilskud, lån eller andre former for bistand, når den gældende procedure eller betingelse ville være uforenelig med dette kapitel.
4.   De udbud, der er omfattet af dette kapitel, er alle udbud, der er omfattet af markedsadgangslisterne for Canada og Den Europæiske Union, hvor hver parts forpligtelser er fastsat som følger:
a)
i bilag 19-1 de centrale statslige ordregivere, hvis udbud er omfattet af dette kapitel
b)
i bilag 19-2 de subcentrale statslige ordregivere, hvis udbud er omfattet af dette kapitel
c)
i bilag 19-3 alle andre ordregivere, hvis udbud er omfattet af dette kapitel
d)
i bilag 19-4 de varer, der er omfattet af dette kapitel
e)
i bilag 19-5 de tjenesteydelser, der er omfattet af dette kapitel, bortset fra tjenesteydelser inden for bygge- og anlægsvirksomhed
f)
i bilag 19-6 de tjenesteydelser inden for bygge- og anlægsvirksomhed, der er omfattet af dette kapitel
g)
i bilag 19-7 almindelige bemærkninger og
h)
i bilag 19-8 de metoder til offentliggørelse, der anvendes for dette kapitel.
5.   Kræver en ordregiver i forbindelse med de omfattede udbud, at en person, der ikke er omfattet af en parts bilag til dens markedsadgangsliste for dette kapitel, skal foretage udbud i overensstemmelse med særlige krav, finder artikel 19.4 tilsvarende anvendelse på sådanne krav.
6.   Ved vurdering af værdien af et udbud med henblik på at konstatere, om der er tale om et omfattet udbud:
a)
må ordregiver ikke opdele udbuddet i særskilte udbud eller vælge eller anvende en særlig beregningsmetode til at vurdere et udbuds værdi med den hensigt helt eller delvis at udelukke det fra anvendelsen af dette kapitel, og
b)
skal ordregiver inkludere den højeste anslåede samlede værdi af udbuddet over den samlede varighed, uanset om kontrakten tildeles en eller flere leverandører, under hensyntagen til alle former for aflønning, herunder:
i)
præmier, honorarer, provisioner og rente, og
ii)
den samlede værdi af optioner, hvis udbuddet giver mulighed for sådanne optioner.
7.   Fører et individuelt krav i et udbud til indgåelse af mere end én kontrakt eller til, at der indgås kontrakter i separate dele (»tilbagevendende kontrakter«), baseres beregningen af den højeste anslåede samlede værdi på:
a)
værdien af tilbagevendende kontrakter for samme type varer eller tjenesteydelser, som er tildelt inden for de seneste 12 måneder eller i ordregivers foregående regnskabsår, om muligt justeret for at tage højde for forventede ændringer i mængden eller værdien af den vare eller tjenesteydelse, der indkøbes, i de efterfølgende 12 måneder, eller
b)
den anslåede værdi af tilbagevendende kontrakter for samme type varer eller tjenesteydelser, der tildeles inden for 12 måneder efter tildelingen af den oprindelige kontrakt, eller ordregivers regnskabsår.
8.   I tilfælde af udbud i form af leasing eller leje af en vare eller en tjenesteydelse eller udbud, hvor den samlede pris ikke er specificeret, er grundlaget for værdiansættelsen:
a)
i tilfælde af tidsbegrænsede kontrakter:
i)
den samlede anslåede maksimumværdi for hele kontraktens løbetid, hvis kontraktens løbetid er 12 måneder eller derunder, eller
ii)
den samlede anslåede maksimumværdi inklusive en eventuel anslået restværdi, hvis kontraktens løbetid overstiger 12 måneder,
b)
i tilfælde af tidsubegrænsede kontrakter den anslåede månedlige rate multipliceret med 48, og
c)
hvis det ikke er sikkert, om kontrakten bliver tidsbegrænset, finder litra b) anvendelse.
Artikel 19.3
Sikkerhed og generelle undtagelser
1.   Intet i dette kapitel må fortolkes således, at en part forhindres i at træffe foranstaltninger eller i at undlade at give oplysninger, som parten anser for nødvendige af hensyn til beskyttelsen af sine vitale sikkerhedsinteresser i forbindelse med indkøb af:
a)
våben, ammunition 
(
27
)
 eller krigsmateriel
b)
eller udbud, der er absolut nødvendige af hensyn til den nationale sikkerhed, eller
c)
nationale forsvarsformål.
2.   Med forbehold for kravet om, at sådanne foranstaltninger ikke anvendes på en måde, der udgør en vilkårlig eller uberettiget forskelsbehandling mellem parterne, hvor de samme forhold gør sig gældende, eller en skjult hindring af den internationale handel, må intet i dette kapitel fortolkes således, at det forhindrer en part i at indføre eller håndhæve foranstaltninger,
a)
som er nødvendige for at beskytte den offentlige moral, orden eller sikkerhed
b)
som er nødvendige for at beskytte menneskers, dyrs eller planters liv eller sundhed
c)
som er nødvendige for at beskytte intellektuel ejendomsret, eller
d)
som vedrører handicappedes eller filantropiske institutioners varer og tjenesteydelser eller varer og tjenesteydelser fremstillet ved fængselsarbejde.
Artikel 19.4
Generelle principper
1.   Med hensyn til alle foranstaltninger vedrørende de omfattede udbud indrømmer parterne, herunder deres ordregivere, varer og tjenesteydelser fra den anden part og leverandører fra den anden part, der tilbyder sådanne varer eller tjenesteydelser, straks og betingelsesløst en behandling, der ikke er mindre gunstig end den, de og deres ordregivere indrømmer deres egne varer, tjenesteydelser og leverandører. Det præciseres, at en sådan behandling:
a)
for så vidt angår Canada omfatter en behandling, der ikke er mindre gunstig end den behandling, som en provins eller et territorium, herunder dens/dets ordregivere, indrømmer varer og tjenester fra og leverandører beliggende i den pågældende provins eller det pågældende territorium, og
b)
for så vidt angår Den Europæiske Union omfatter en behandling, der ikke er mindre gunstig end den behandling, som en medlemsstat eller en subcentral region af en medlemsstat, herunder dens ordregivere, indrømmer varer og tjenester fra og leverandører beliggende i den pågældende medlemsstat eller subcentrale region, alt efter omstændighederne.
2.   Med hensyn til enhver foranstaltning vedrørende omfattede udbud må en part, herunder dens ordregivere, ikke:
a)
behandle en lokalt etableret leverandør mindre gunstigt end en anden lokalt etableret leverandør på grundlag af graden af udenlandsk tilhørsforhold eller ejerskab, eller
b)
diskriminere mod en lokalt etableret leverandør på grundlag af, at de varer eller tjenesteydelser, der tilbydes af denne leverandør til et givet udbud, er varer eller tjenesteydelser fra den anden part.
3.   I forbindelse med gennemførelse af omfattede udbud ad elektronisk vej skal ordregiveren sikre:
a)
at udbuddet gennemføres under anvendelse af informationsteknologisystemer og software, herunder sådanne, som vedrører autentifikation og kryptering af oplysninger, som er alment tilgængelige og interoperable med andre alment tilgængelige informationsteknologisystemer og anden tilgængelig software, og
b)
at der opretholdes mekanismer, der sikrer integriteten af anmodninger om deltagelse og tilbud, herunder fastsættelse af tidspunktet for modtagelsen heraf og forebyggelse af uretmæssig adgang.
4.   En ordregiver skal gennemføre de omfattede udbud på en gennemsigtig og upartisk måde:
a)
som er forenelig med dette kapitel og under anvendelse af metoder såsom åbent udbud, begrænset udbud og udbud med forhandling
b)
således at interessekonflikter undgås, og
c)
som forebygger korruption.
5.   Med henblik på de omfattede udbud må en part ikke anvende oprindelsesregler på varer eller tjenesteydelser, der er importeret fra eller leveret af den anden part, som afviger fra de oprindelsesregler, som den pågældende part samtidig anvender i den normale handel på import eller leveringer af de samme varer eller tjenesteydelser fra samme part.
6.   Hvad angår de omfattede udbud, må en part, herunder dens ordregivere, ikke søge, tage hensyn til, pålægge eller gennemtvinge nogen form for kompensationskøb.
7.   Stk. 1 og 2 finder ikke anvendelse på: told eller andre afgifter af enhver art, der pålægges ved eller i forbindelse med import, metoden til opkrævning af sådan told og sådanne afgifter, andre importforskrifter eller -formaliteter og foranstaltninger, der påvirker handelen med tjenesteydelser, undtagen foranstaltninger vedrørende omfattede udbud.
Artikel 19.5
Oplysninger om udbudssystemet
1.   Hver af parterne skal:
a)
straks offentliggøre alle love, administrative forskrifter, retsafgørelser, alment gældende administrative afgørelser, standardbestemmelser i kontrakter, der er påbudt i medfør af love eller administrative forskrifter, og som med henvisning er inkorporeret i bekendtgørelser eller udbudsmateriale og procedurer i forbindelse med omfattede udbud samt eventuelle ændringer heraf, i officielt udpegede elektroniske medier eller papirmedier, som offentliggøres bredt og til stadighed er let tilgængelige for offentligheden, og
b)
på anmodning give en redegørelse herfor til den anden part.
2.   Hver af parterne skal i bilag 19-8 til deres markedsadgangsliste angive:
a)
de elektroniske eller trykte medier, hvori parten offentliggør de oplysninger, der er beskrevet i stk. 1
b)
de elektroniske eller trykte medier, hvori parten offentliggør de bekendtgørelser, der kræves i henhold til artikel 19.6, 19.8.7 og 19.15.2, og
c)
adressen på det eller de websteder, hvor parten offentliggør:
i)
deres udbudsstatistikker i henhold til artikel 19.15.5, eller
ii)
deres bekendtgørelser vedrørende kontrakter tildelt i henhold til artikel 19.15.6.
3.   Hver af parterne skal straks give Udvalget for Offentlige Udbud meddelelse om enhver ændring af de oplysninger, de hver især angiver i bilag 19-8.
Artikel 19.6
Bekendtgørelser
1.   I forbindelse med hvert omfattet udbud skal ordregiveren offentliggøre en bekendtgørelse om påtænkt udbud, undtagen under de omstændigheder, der er beskrevet i artikel 19.12.
Alle bekendtgørelser om påtænkt udbud skal være direkte tilgængelige ved hjælp af gratis elektroniske midler via et enkelt adgangspunkt, jf. dog stk. 2. Bekendtgørelserne kan også offentliggøres ved hjælp af passende trykte medier, som offentliggøres bredt, og de skal være lettilgængelige for offentligheden mindst indtil udløbet af den frist, der er angivet i bekendtgørelsen.
Hver af parterne angiver de relevante trykte og elektroniske medier i bilag 19-8.
2.   En part kan anvende en overgangsperiode på op til fem år efter datoen for denne aftales ikrafttræden for enheder, der er omfattet af bilag 19-2 og 19-3, der ikke er rede til at deltage i ordningen med et enkelt adgangspunkt som omhandlet i stk. 1. Disse enheder skal i løbet af en sådan overgangsperiode fremsende deres bekendtgørelser om påtænkt udbud, hvis de er tilgængelige elektronisk, via links på en elektronisk portal, som er gratis tilgængelig og anført i bilag 19-8.
3.   Medmindre andet er bestemt i dette kapitel, skal en bekendtgørelse om påtænkt udbud indeholde følgende:
a)
ordregiverens navn og adresse samt andre oplysninger, der er nødvendige for at kontakte ordregiveren og indhente alle relevante dokumenterer vedrørende udbuddet samt eventuelle omkostninger og betalingsvilkår
b)
en beskrivelse af udbuddet, herunder arten og mængden af varer eller tjenesteydelser, der skal indkøbes, eller, hvis mængden ikke kendes, den skønnede mængde
c)
i tilfælde af tilbagevendende kontrakter så vidt muligt et skøn over tidsplanen for efterfølgende bekendtgørelser om påtænkt udbud
d)
en beskrivelse af eventuelle optioner
e)
fristen for levering af varerne eller tjenesteydelserne eller kontraktens varighed
f)
den udbudsmetode, der vil blive anvendt, og hvorvidt den indebærer forhandling eller elektronisk auktion
g)
hvor relevant adressen og sidste frist for indsendelse af anmodninger om deltagelse i udbudsproceduren
h)
adressen og sidste frist for afgivelse af tilbud
i)
det eller de sprog, hvorpå tilbuddene eller anmodningerne om deltagelse kan indgives, hvis de kan indgives på et andet sprog end den pågældende ordregivers parts officielle sprog
j)
en liste over og en kort beskrivelse af eventuelle betingelser for leverandørers deltagelse, herunder eventuelle krav om specifikke dokumenter eller certifikater, som leverandørerne skal fremlægge i forbindelse hermed, medmindre sådanne krav er indeholdt i det udbudsmateriale, der stilles til rådighed for alle interesserede leverandører samtidig med bekendtgørelsen om påtænkt udbud
k)
om ordregiver i medfør af artikel 19.8 har til hensigt at udvælge et begrænset antal kvalificerede leverandører, der opfordres til at afgive tilbud, de kriterier, der vil blive anvendt for at udvælge disse, og en eventuel begrænsning af antallet af leverandører, der vil kunne afgive tilbud, og
l)
angivelse af, at udbuddet er omfattet af dette kapitel.
4.   Ordregiver skal i forbindelse med hvert påtænkt udbud offentliggøre et lettilgængeligt resumé af bekendtgørelsen på engelsk eller fransk samtidig med offentliggørelsen af bekendtgørelsen om påtænkt udbud. Resuméet af bekendtgørelsen skal mindst indeholde følgende oplysninger:
a)
genstanden for udbuddet
b)
sidste frist for afgivelse af tilbud eller en eventuel sidste frist for at indgive anmodninger om deltagelse i udbuddet eller optagelse på en leverandørliste, og
c)
den adresse, hvorfra der kan anmodes om dokumenter vedrørende udbuddet.
5.   Ordregivere opfordres til så tidligt som muligt i hvert regnskabsår at offentliggøre en bekendtgørelse om deres fremtidige udbudsplaner (»bekendtgørelse om planlagt udbud«) i de relevante elektroniske og, om muligt, trykte medier, der er anført i bilag 19-8. Bekendtgørelsen om planlagt udbud offentliggøres også i den fælles adgangsportal, der er anført i bilag 19-8, jf. dog stk. 2. Bekendtgørelsen om planlagt udbud skal indeholde genstanden for udbuddet og den planlagte dato for offentliggørelsen af bekendtgørelsen om påtænkt udbud.
6.   En ordregiver, der er omfattet af bilag 19-2 eller 19-3, kan anvende en bekendtgørelse om planlagt udbud i stedet for en bekendtgørelse om påtænkt udbud, forudsat at bekendtgørelsen om planlagt udbud indeholder så mange af oplysningerne i stk. 3, som er tilgængelige for ordregiveren, og en bemærkning om, at interesserede leverandører over for ordregiveren skal give udtryk for deres interesse i udbuddet.
Artikel 19.7
Betingelser for deltagelse
1.   En ordregiver skal begrænse betingelserne for deltagelse i et udbud til de betingelser, der er væsentlige for at sikre, at en leverandør har juridisk og finansiel kapacitet samt de kommercielle og tekniske evner til at påtage sig det relevante udbud.
2.   Ved fastlæggelsen af betingelserne for deltagelse:
a)
må ordregiver ikke stille som betingelse, at en leverandør for at kunne deltage i et udbud tidligere skal have fået tildelt en eller flere kontrakter af en ordregiver i en part
b)
kan ordregiver kræve relevante forudgående erfaringer, som er væsentlige for at opfylde kravene i forbindelse med udbuddet, og
c)
må ordregiver ikke kræve forudgående erfaring på partens territorium som en betingelse for udbuddet.
3.   Ordregiver skal ved vurderingen af, om en leverandør opfylder betingelserne for deltagelse:
a)
evaluere en leverandørs finansielle kapacitet og kommercielle og tekniske evner på grundlag af leverandørens forretningsaktiviteter både inden for og uden for ordregiverpartens territorium, og
b)
basere sin evaluering på de betingelser, som ordregiver på forhånd har specificeret i bekendtgørelser eller udbudsmateriale.
4.   En part, herunder dennes ordregivere, kan, hvor der foreligger beviser, udelukke en leverandør under henvisning til:
a)
konkurs
b)
urigtige erklæringer
c)
betydelige eller vedvarende manglende resultater i forbindelse med indholdsmæssige krav eller forpligtelser i medfør af en eller flere tidligere kontrakter
d)
endelige domme for alvorlige forbrydelser eller andre alvorlige lovovertrædelser
e)
faglig forseelse eller handlinger eller undladelser, der påvirker leverandørens kommercielle integritet negativt, eller
f)
manglende indbetaling af skatter og afgifter.
Artikel 19.8
Kvalifikation af leverandører
1.   En part, herunder dennes ordregivere, kan føre et registreringssystem, hvor interesserede leverandører skal registrere sig og afgive visse oplysninger.
2.   Hver part skal sikre:
a)
at dens ordregivere bestræber sig på at minimere forskellene mellem deres kvalifikationsprocedurer, og
b)
at ordregivere, der fører registreringssystemer, bestræber sig på at minimere forskellene mellem deres registreringssystemer.
3.   En part, herunder dennes ordregivere, må ikke indføre og anvende registreringssystemer eller kvalifikationsprocedurer, der har til formål eller virkning at skabe unødige hindringer for deltagelse af den anden parts leverandører i sine udbud.
4.   Har en ordregiver til hensigt at anvende begrænset udbud, skal denne:
a)
i bekendtgørelsen om påtænkt udbud medtage mindst de oplysninger, der er angivet i artikel 19.6.3, litra a), b), f), g), j), k) og l), og opfordre leverandørerne til at indgive en anmodning om deltagelse, og
b)
ved begyndelsen af fristen for afgivelse af tilbud formidle mindst de oplysninger, der er angivet i artikel 19.6.3, litra c), d), e), h) og i), til de kvalificerede leverandører, som underrettes som anført i artikel 19.10.3, litra b).
5.   Ordregivere skal give alle kvalificerede leverandører mulighed for at deltage i et givet udbud, medmindre de i bekendtgørelsen om påtænkt udbud angiver en begrænsning i antallet af leverandører, der vil kunne afgive tilbud, og kriterierne for udvælgelse af det begrænsede antal leverandører.
6.   Er udbudsmaterialet ikke gjort offentligt tilgængeligt fra datoen for offentliggørelsen af den i stk. 4 omhandlede bekendtgørelse, skal ordregiveren sikre, at de pågældende dokumenter gøres tilgængelige samtidigt for alle kvalificerede leverandører, der er udvalgt i overensstemmelse med stk. 5.
7.   Ordregivere kan føre en liste over leverandører, forudsat at en bekendtgørelse, der opfordrer interesserede leverandører til at anmode om optagelse på listen:
a)
offentliggøres en gang om året, og
b)
kontinuerligt er tilgængelig, hvis den offentliggøres elektronisk
på det relevante medie, jf. bilag 19-8.
8.   Den i stk. 7 omtalte bekendtgørelse skal indeholde:
a)
en beskrivelse af de varer eller tjenesteydelser eller kategorier heraf, for hvilke listen eventuelt vil blive anvendt
b)
de betingelser for deltagelse, som leverandørerne skal opfylde for at kunne blive optaget på listen, og de metoder, ordregiveren vil anvende med henblik på at kontrollere, om en leverandør opfylder de pågældende betingelser
c)
ordregiverens navn og adresse samt andre oplysninger, der er nødvendige for at kontakte ordregiveren og indhente al relevant dokumentation vedrørende listen
d)
listens gyldighedsperiode og den måde, hvorpå den vil blive fornyet eller bragt til ophør, eller, hvis gyldighedsperioden ikke er angivet, den metode, hvorved det vil blive bekendtgjort, at anvendelsen af listen er bragt til ophør, og
e)
angivelse af, at listen kan blive anvendt ved udbud, der er omfattet af dette kapitel.
9.   Er en leverandørliste gyldig i tre år eller mindre, kan en ordregiver, uanset stk. 7, nøjes med at offentliggøre den i stk. 7 omhandlede bekendtgørelse én gang i begyndelsen af listens gyldighedsperiode, forudsat:
a)
at listens gyldighedsperiode anføres i bekendtgørelsen, og det anføres, at der ikke vil blive offentliggjort yderligere bekendtgørelser, og
b)
at bekendtgørelsen offentliggøres elektronisk og er kontinuerligt tilgængelig i hele listens gyldighedsperiode.
10.   En ordregiver skal give leverandører mulighed for på et hvilket som helst tidspunkt at ansøge om at blive optaget på leverandørlisten og skal indskrive alle kvalificerede leverandører på listen inden for en kort frist.
11.   Indgiver en leverandør, som ikke er optaget på leverandørlisten, en anmodning inden for fristen i artikel 19.10.2 om at deltage i et udbud, som er baseret på en leverandørliste, samt alle nødvendige dokumenter, skal ordregiveren behandle anmodningen. Ordregiveren må ikke udelukke leverandører fra at komme i betragtning til udbuddet med den begrundelse, at ordregiver ikke har tilstrækkelig tid til at behandle anmodningen, medmindre ordregiver i særlige tilfælde som følge af udbuddets komplekse karakter ikke er i stand til at afslutte behandlingen af anmodningen inden for den frist, der er fastsat for afgivelse af tilbud.
12.   En ordregiver, der er omfattet af bilag 19-2 eller 19-3, kan lade en bekendtgørelse, hvori leverandører opfordres til at ansøge om optagelse på leverandørlisten, træde i stedet for en bekendtgørelse om påtænkt udbud, forudsat:
a)
at bekendtgørelsen offentliggøres i overensstemmelse med stk. 7 og omfatter de oplysninger, der kræves i stk. 8, så mange som muligt af de oplysninger, der kræves i henhold til artikel 19.6.3, som er tilgængelige, og en erklæring om, at den udgør en bekendtgørelse om påtænkt udbud, eller om, at kun leverandører på leverandørlisten vil få yderligere besked om udbud, der er baseret på leverandørlisten, og
b)
at ordregiver straks giver leverandører, som over for ordregiveren har udtrykt interesse i et bestemt udbud, tilstrækkelige oplysninger til, at de kan vurdere, hvorvidt de er interesserede i udbuddet, herunder alle de resterende oplysninger, der kræves efter artikel 19.6.3, i det omfang sådanne oplysninger foreligger.
13.   En ordregiver, der er omfattet af bilag 19-2 eller 19-3, kan give en leverandør, der har ansøgt om optagelse på leverandørlisten i overensstemmelse med stk. 10, mulighed for at afgive tilbud i forbindelse med et bestemt udbud, hvis ordregiveren har tilstrækkelig tid til at undersøge, om leverandøren opfylder betingelserne for deltagelse.
14.   En ordregiver skal straks underrette enhver leverandør, der indgiver en anmodning om deltagelse i et udbud eller om optagelse på leverandørlisten, om ordregiverens beslutning med hensyn til anmodningen.
15.   Afviser en ordregiver at efterkomme en leverandørs anmodning om at deltage i et udbud eller om optagelse på leverandørlisten, ophører en ordregiver med at anerkende en leverandør som kvalificeret eller fjerner ordregiver en leverandør fra leverandørlisten, skal ordregiveren straks underrette leverandøren og på leverandørens anmodning straks sende en skriftlig begrundelse for sin beslutning.
Artikel 19.9
Tekniske specifikationer og udbudsmateriale
1.   En ordregiver må ikke udarbejde, vedtage eller anvende tekniske specifikationer eller foreskrive en overensstemmelsesvurderingsprocedure, som har til formål eller virkning at skabe unødvendige hindringer for international handel.
2.   Ved fastsættelsen af de tekniske specifikationer for de varer eller tjenesteydelser, der er omfattet af udbuddet, skal ordregiver i givet fald:
a)
i højere grad anføre de tekniske specifikationer som krav til ydeevne og funktion end som konstruktionsmæssige eller beskrivende egenskaber, og
b)
basere de tekniske specifikationer på internationale standarder, hvis sådanne forefindes, og ellers på nationale tekniske forskrifter, anerkendte nationale standarder eller byggeforskrifter.
3.   Anvendes der konstruktionsmæssige eller beskrivende egenskaber i forbindelse med de tekniske specifikationer, bør ordregiver angive, at der vil blive taget hensyn til tilbud baseret på tilsvarende varer eller tjenesteydelser, som påviseligt opfylder kravene i udbuddet, ved at anvende udtryk som »eller tilsvarende« i udbudsmaterialet.
4.   En ordregiver må ikke stille krav om tekniske specifikationer, der kræver eller henviser til et bestemt varemærke eller handelsnavn, patent, ophavsret, design eller type eller en bestemt oprindelse, producent eller leverandør, medmindre der ikke findes nogen anden tilstrækkelig nøjagtig eller forståelig måde at beskrive udbudskravene på, og forudsat at der i sådanne tilfælde tilføjes udtryk som. »eller tilsvarende« i udbudsmaterialet.
5.   En ordregiver må ikke på en måde, der kan have til følge at forhindre konkurrence, søge eller modtage rådgivning, der kan anvendes til at udarbejde eller vedtage en teknisk specifikation til et bestemt udbud, fra personer, som kan have en forretningsmæssig interesse i det pågældende udbud.
6.   Det præciseres, at en part, herunder dennes ordregivere, kan udarbejde, vedtage eller anvende tekniske specifikationer til at fremme bevarelsen af naturressourcer eller miljøbeskyttelsen, forudsat at dette sker i overensstemmelse med denne artikel.
7.   Ordregivere skal forelægge leverandørerne et udbudsmateriale, der indeholder alle de oplysninger, der er nødvendige, for at leverandørerne kan udarbejde og afgive deres tilbud. Udbudsmaterialet skal, medmindre det allerede fremgår af bekendtgørelsen om påtænkt udbud, indeholde en fuldstændig beskrivelse af:
a)
udbuddet, herunder arten og mængden af varer eller tjenesteydelser, der skal indkøbes, eller, hvis mængden ikke kendes, den skønnede mængde og eventuelle krav, der skal opfyldes, herunder tekniske specifikationer, overensstemmelsesvurdering, planer, tegninger eller brugsanvisninger
b)
eventuelle betingelser for leverandørers deltagelse, herunder en liste over oplysninger og dokumenter, som leverandørerne skal indgive i forbindelse med betingelserne for deres deltagelse
c)
alle evalueringskriterier, som ordregiveren anvender ved tildelingen af kontrakten, og, medmindre prisen er det eneste kriterium, hvert kriteriums relative betydning
d)
eventuelle autentifikations- eller krypteringskrav eller andre krav vedrørende elektronisk indsendelse af oplysninger, hvis ordregiveren vil gennemføre udbudsproceduren ved brug af elektroniske midler
e)
reglerne for den elektroniske auktion, hvis ordregiveren vil afholde en sådan, herunder angivelse af de elementer i tilbuddet, der er relevante for de evalueringskriterier, som ligger til grund for auktionen
f)
datoen, tidspunktet og stedet for åbning af tilbuddene i tilfælde af en offentlig åbning af tilbuddene, samt eventuelt hvilke personer der må være til stede
g)
eventuelle andre betingelser, herunder betalingsbetingelser og begrænsninger i de midler, der må anvendes til at afgive tilbud, såsom i papirform eller elektronisk, og
h)
eventuelle datoer for levering af de pågældende varer eller tjenesteydelser.
8.   Ved fastlæggelsen af fristen for levering af de varer eller tjenesteydelser, der er omfattet af udbuddet, skal ordregiver tage hensyn til faktorer såsom udbuddets kompleksitet, omfanget af den forventede underentreprise og den tid, der realistisk kræves til produktion, udtagning fra lager og transport af varer fra forsendelsesstedet eller til levering af tjenesteydelser.
9.   Evalueringskriterierne i bekendtgørelsen om påtænkt udbud eller i udbudsmaterialet kan bl.a. omfatte prisen og andre omkostningsfaktorer, kvalitet, teknisk værdi, miljøegenskaber og leveringsvilkår.
10.   Ordregivere skal straks:
a)
gøre udbudsmaterialet tilgængeligt for at sikre, at interesserede leverandører har tilstrækkelig tid til at afgive antagelige tilbud
b)
udlevere udbudsmaterialet til interesserede leverandører efter anmodning, og
c)
besvare alle rimelige anmodninger om relevante oplysninger fra en leverandør, der deltager i udbudsproceduren, eller som er interesseret i at deltage, forudsat at sådanne oplysninger ikke giver den pågældende leverandør en fordel i forhold til andre leverandører.
11.   Ændrer en ordregiver forud for tildelingen af en kontrakt de kriterier eller krav, der er fastsat i bekendtgørelsen om påtænkt udbud eller i det udbudsmateriale, der udleveres til deltagende leverandører, eller ændrer eller genudsender en ordregiver en bekendtgørelse eller et udbudsmateriale, skal ordregiver skriftligt sende alle sådanne ændringer eller den ændrede eller genudsendte bekendtgørelse eller det ændrede eller genudsendte udbudsmateriale:
a)
til alle leverandører, der deltager på tidspunktet for ændringen eller genudsendelsen, hvis ordregiveren er bekendt med leverandørerne, og i alle andre tilfælde på samme måde som de oprindelige oplysninger blev gjort tilgængelige, og
b)
i tilstrækkelig god tid til, at disse leverandører eventuelt kan ændre og afgive ændrede tilbud.
Artikel 19.10
Frister
1.   En ordregiver skal i overensstemmelse med sine egne rimelige behov give leverandørerne tilstrækkelig tid til at udarbejde og indgive anmodninger om deltagelse og afgive tilbud, idet der tages hensyn til faktorer såsom:
a)
udbuddets art og kompleksitet
b)
omfanget af den forventede underentreprise, og
c)
den tid, det tager at fremsende tilbud fra såvel udland som indland, når de ikke fremsendes ved brug af elektroniske midler.
Disse frister, herunder eventuelle forlængelser af fristerne, skal være ens for alle interesserede eller deltagende leverandører.
2.   En ordregiver, der anvender begrænset udbud, skal fastsætte, at sidste frist for indgivelse af anmodninger om deltagelse principielt ikke kan være mindre end 25 dage efter datoen for offentliggørelsen af bekendtgørelsen om påtænkt udbud. Er det i behørigt begrundede tilfælde på grund af hastende omstændigheder ikke muligt at overholde den pågældende frist, kan fristen afkortes til ikke under 10 dage.
3.   Med forbehold af stk. 4, 5, 7 og 8 skal ordregiveren fastsætte, at sidste frist for indgivelse af tilbud ikke er på under 40 dage fra den dato, hvor:
a)
bekendtgørelsen om påtænkt udbud offentliggøres, hvis der er tale om offentligt udbud, eller
b)
ordregiver meddeler leverandørerne, at de vil blive opfordret til at afgive tilbud, uanset om ordregiver anvender en leverandørliste eller ej, hvis der er tale om begrænset udbud.
4.   Ordregiver kan afkorte den frist for afgivelse af tilbud, der er fastsat i overensstemmelse med stk. 3, til ikke under 10 dage, hvis:
a)
ordregiver har offentliggjort en bekendtgørelse om planlagt udbud som beskrevet i artikel 19.6.5 mindst 40 dage og ikke over 12 måneder forud for offentliggørelsen af bekendtgørelsen om påtænkt udbud, og bekendtgørelsen om planlagt udbud indeholder:
i)
en beskrivelse af udbuddet
ii)
den omtrentlige sidste frist for afgivelse af tilbud eller anmodninger om deltagelse
iii)
en erklæring om, at interesserede leverandører over for ordregiveren bør give udtryk for deres interesse i at deltage i udbuddet
iv)
den adresse, hvorfra der kan indhentes dokumenter vedrørende udbuddet, og
v)
så mange som muligt af de oplysninger, der efter artikel 19.6.3 er påkrævet til bekendtgørelsen om påtænkt udbud, som er tilgængelige
b)
ordregiver i forbindelse med offentlige indkøb af tilbagevendende art i en første bekendtgørelse om påtænkt udbud har anført, at der i efterfølgende bekendtgørelser vil blive fastsat frister for afgivelse af bud på grundlag af dette stykke, eller
c)
det i behørigt begrundede tilfælde på grund af hastende omstændigheder er praktisk umuligt at overholde den frist for afgivelse af tilbud, der er fastsat i medfør af stk. 3.
5.   Ordregiver kan afkorte den frist for afgivelse af tilbud, der er fastsat i overensstemmelse med stk. 3, med fem dage for hver af følgende omstændigheder:
a)
bekendtgørelsen om påtænkt udbud offentliggøres elektronisk
b)
hele udbudsmaterialet stilles til rådighed elektronisk fra datoen for offentliggørelse af bekendtgørelsen om påtænkt udbud, og
c)
ordregiver accepterer tilbud, der afgives elektronisk.
6.   Anvendelsen af stk. 5 sammenholdt med stk. 4 må under ingen omstændigheder medføre, at den frist for afgivelse af tilbud, der er fastsat i overensstemmelse med stk. 3, afkortes til under 10 dage fra datoen for offentliggørelse af bekendtgørelsen om påtænkt udbud.
7.   Uanset alle andre bestemmelser i denne artikel kan ordregiver, når der købes kommercielle varer eller tjenesteydelser eller en kombination heraf, afkorte den frist for afgivelse af tilbud, der er fastsat i overensstemmelse med stk. 3, til ikke under 13 dage, forudsat at ordregiveren samtidig offentliggør både bekendtgørelsen om påtænkt udbud og udbudsmaterialet elektronisk. Accepterer ordregiver tilbud vedrørende kommercielle varer eller tjenesteydelser afgivet ved brug af elektroniske midler, kan ordregiver desuden afkorte den frist, der er fastsat i overensstemmelse med stk. 3, til ikke under 10 dage.
8.   Har en ordregiver, der er omfattet af bilag 19-2 eller 19-3, udvalgt alle eller et begrænset antal kvalificerede leverandører, kan fristen for afgivelse af tilbud fastsættes ved indbyrdes aftale mellem ordregiveren og de udvalgte leverandører. Er intet aftalt, må fristen ikke være på under 10 dage.
Artikel 19.11
Forhandling
1.   En part kan fastsætte bestemmelser om, at dens ordregivere skal føre forhandlinger med leverandører:
a)
hvis ordregiver i bekendtgørelsen om påtænkt udbud, jf. artikel 19.6.3, har tilkendegivet sin hensigt om at føre forhandlinger, eller
b)
hvis det ved evalueringen konstateres, at intet tilbud er det åbenbart mest fordelagtige ud fra de specifikke evalueringskriterier, der er fastsat i bekendtgørelsen om påtænkt udbud eller i udbudsmaterialet.
2.   En ordregiver skal:
a)
sikre, at enhver udelukkelse af leverandører, der deltager i forhandlinger, sker i overensstemmelse med de evalueringskriterier, der er fastsat i bekendtgørelsen om påtænkt udbud eller i udbudsmaterialet, og
b)
når forhandlingerne er afsluttet, fastsætte en fælles frist for alle de resterende deltagende leverandører, inden for hvilken de kan afgive nye eller ændrede tilbud.
Artikel 19.12
Udbud med forhandling
1.   Forudsat at denne bestemmelse ikke anvendes med det formål at undgå konkurrence mellem leverandører eller på en måde, der diskriminerer leverandører fra den anden part eller beskytter indenlandske leverandører, kan en ordregiver anvende udbud med forhandling og vælge ikke at anvende artikel 19.6-19.8, artikel 19.9, stk. 7-11, og artikel 19.10, 19.11, 19.13 og 19.14 i følgende tilfælde:
a)
hvis:
i)
der ikke er afgivet tilbud, eller ingen leverandører har anmodet om at deltage
ii)
der ikke er afgivet tilbud, som opfylder udbudsmaterialets væsentlige krav
iii)
ingen leverandører har opfyldt betingelserne for at deltage, eller
iv)
de afgivne tilbud har været genstand for samordning,
forudsat at kravene i udbudsmaterialet ikke er blevet væsentligt ændret
b)
hvis kun en bestemt leverandør kan levere varerne eller tjenesteydelserne, og der ikke findes alternative varer eller tjenesteydelser, der med rimelighed kan erstatte disse:
i)
fordi der er tale om et kunstværk
ii)
som følge af beskyttelse af patenter, ophavsrettigheder eller andre enerettigheder, eller
iii)
som følge af manglende konkurrence af tekniske årsager
c)
med henblik på yderligere leverancer fra den oprindelige leverandør af varer eller tjenesteydelser, der ikke var omfattet af det oprindelige udbud, hvis en udskiftning af leverandøren af sådanne supplerende varer og tjenesteydelser:
i)
ikke er mulig af økonomiske eller tekniske årsager, herunder krav om indbyrdes ombyttelighed eller interoperabilitet med eksisterende udstyr, software, tjenesteydelser eller installationer, der blev indkøbt i forbindelse med det oprindelige udbud, og
ii)
ville forårsage betydelige gener eller væsentlig forøgelse af ordregivers omkostninger
d)
for så vidt det er strengt nødvendigt, når det på grund af yderst hastende omstændigheder som følge af begivenheder, som ordregiveren ikke har kunnet forudse, gør det umuligt at fremskaffe varerne eller tjenesteydelserne i tide ved offentligt eller begrænset udbud
e)
når der er tale om varer, der indkøbes på et råvaremarked
f)
når ordregiver indkøber prototyper eller en ny vare eller tjenesteydelse, der er blevet udviklet på ordregivers foranledning som led i eller med henblik på en bestemt kontrakt vedrørende forskning, forsøg, undersøgelse eller nyudvikling. Nyudvikling af en ny vare eller tjenesteydelse kan omfatte en begrænset produktion eller levering med henblik på at indarbejde resultaterne af feltforsøg for at vise, at varen eller tjenesteydelsen kan fremstilles eller leveres i større mængder og i en acceptabel kvalitet, men omfatter ikke mængdeproduktion eller levering til påvisning af varens kommercielle levedygtighed eller til dækning af forsknings- og udviklingsomkostninger
g)
når der er tale om indkøb på ekstraordinært gunstige vilkår, der kun opstår inden for en meget kort tidsramme i tilfælde af usædvanlige salg, såsom ved likvidation, tvangsadministration eller konkurs, men ikke rutinemæssige indkøb fra sædvanlige leverandører, eller
h)
hvis en kontrakt tildeles vinderen af en designkonkurrence, forudsat at:
i)
konkurrencen er organiseret på en måde, der er i overensstemmelse med principperne i dette kapitel, navnlig for så vidt angår offentliggørelse af en bekendtgørelse om påtænkt udbud, og
ii)
deltagerne bedømmes af en uafhængig jury med henblik på at tildele vinderen en designkontrakt.
2.   Ordregiver skal udarbejde en skriftlig rapport om hver enkelt kontrakt, der indgås i henhold til stk. 1. Rapporten skal indeholde ordregivers navn, de indkøbte varers eller tjenesteydelsers værdi og art og en erklæring, der angiver de omstændigheder og betingelser som beskrevet i stk. 1, der berettiger anvendelsen af udbud med forhandling.
Artikel 19.13
Elektroniske auktioner
Har en ordregiver til hensigt at gennemføre omfattede udbud ved brug af elektronisk auktion, skal ordregiver, inden den elektroniske auktion starter, give hver deltager:
a)
oplysninger om den automatiske evalueringsmetode, herunder den matematiske formel, der er baseret på de evalueringskriterier, der er fastsat i udbudsmaterialet, og som vil blive anvendt i den automatiske prioritering eller fornyede prioritering i forbindelse med auktionen,
b)
resultaterne af en eventuel oprindelig evaluering af elementerne i den pågældendes bud, hvis kontrakten skal tildeles på grundlag af det mest fordelagtige tilbud, og
c)
alle andre relevante oplysninger vedrørende gennemførelsen af auktionen.
Artikel 19.14
Behandling af tilbud og tildeling af kontrakter
1.   En ordregiver skal modtage, åbne og behandle alle tilbud efter procedurer, der garanterer en fair og upartisk udbudsprocedure, og at tilbuddenes indhold behandles fortroligt.
2.   En ordregiver må ikke stille en leverandør, hvis tilbud modtages efter fristen for indgivelse af tilbud, dårligere, hvis forsinkelsen udelukkende kan tilskrives ordregivers behandling.
3.   Giver en ordregiver en leverandør mulighed for at rette utilsigtede formfejl mellem tidspunktet for åbning af tilbuddene og tildeling af kontrakten, skal ordregiver give alle deltagende leverandører samme mulighed.
4.   For at komme i betragtning ved tildeling af en kontrakt skal tilbuddet være indgivet skriftligt og på tidspunktet for åbningen heraf opfylde de væsentlige krav, der er fastsat i bekendtgørelser og udbudsmateriale, samt være fra en leverandør, der opfylder betingelserne for at deltage.
5.   Medmindre ordregiver vurderer, at det ikke er i offentlighedens interesse at tildele en kontrakt, skal ordregiver give kontrakten til den leverandør, som ordregiver har fastslået er i stand til at opfylde kontraktens vilkår, og som udelukkende på grundlag af de evalueringskriterier, der er specificeret i bekendtgørelser og udbudsmateriale, har afgivet:
a)
det mest fordelagtige tilbud, eller
b)
hvis prisen er det eneste kriterium, den laveste pris.
6.   Modtager ordregiveren et tilbud med en pris, der er unormalt lavere end priserne i de andre indkomne tilbud, kan ordregiveren kontrollere, om leverandøren opfylder betingelserne for at deltage og er i stand til at opfylde kontraktens vilkår.
7.   En ordregiver må ikke anvende optioner, aflyse et udbud eller ændre tildelte kontrakter på en måde, der omgår forpligtelserne i dette kapitel.
Artikel 19.15
Gennemsigtighed i forbindelse med oplysninger om udbud
1.   En ordregiver skal straks underrette deltagende leverandører om sin beslutning om tildeling af kontrakten, og dette skal efter anmodning fra en leverandør gøres skriftligt. En ordregiver skal efter anmodning herom fra en leverandør, der ikke har fået kontrakten, redegøre for årsagerne til, at ordregiver ikke valgte det pågældende tilbud, samt de relative fordele ved tilbuddet fra den leverandør, der fik kontrakten, jf. dog artikel 19.6.2 og 19.6.3.
2.   Ordregiver skal senest 72 dage efter tildelingen af enhver kontrakt, som er omfattet af dette kapitel, offentliggøre en bekendtgørelse i den relevante papirbaserede publikation eller det relevante elektroniske medie, der er anført i bilag 19-8. Offentliggør ordregiver kun bekendtgørelsen i et elektronisk medie, skal oplysningerne forblive lettilgængelige i en passende periode. Bekendtgørelsen skal mindst indeholde følgende oplysninger:
a)
en beskrivelse af de varer eller tjenesteydelser, der er indkøbt
b)
ordregivers navn og adresse
c)
navn og adresse på den leverandør, der fik kontrakten
d)
værdien af det antagne tilbud eller af det højeste og det laveste tilbud, der er taget i betragtning ved tildelingen af kontrakten
e)
datoen for tildelingen, og
f)
den anvendte udbudsprocedure samt, når der er tale om udbud med forhandling i overensstemmelse med artikel 19.12, en beskrivelse af de omstændigheder, der berettiger anvendelsen af udbud med forhandling.
3.   Ordregivere skal i mindst tre år efter datoen for tildeling af en kontrakt opbevare:
a)
udbudsmateriale og rapporter vedrørende udbudsprocedurer og kontrakttildeling i forbindelse med omfattede udbud, herunder de i artikel 19.12 krævede rapporter, og
b)
data, der sikrer, at omfattede udbud, der er gennemført ved elektroniske midler, kan spores behørigt.
4.   Hver af parterne skal indsamle statistik og rapportere til Udvalget for Offentlige Udbud om de af deres kontrakter, der er omfattet af dette kapitel. Hver rapport skal dække et år, indsendes senest to år efter udløbet af rapporteringsperioden og omfatte:
a)
for ordregivere, der er omfattet af bilag 19-1:
i)
antallet og den samlede værdi for alle sådanne ordregivere af alle kontrakter, der er omfattet af dette kapitel
ii)
antallet og den samlede værdi af alle kontrakter omfattet af dette kapitel, som er tildelt af disse ordregivere, opdelt efter kategorier af varer og tjenesteydelser i henhold til et internationalt anerkendt klassificeringssystem, og
iii)
antallet og den samlede værdi af alle kontrakter omfattet af dette kapitel, som er tildelt af disse ordregivere via udbud med forhandling
b)
for ordregivere, der er omfattet af bilag 19-2 og 19-3, antallet og den samlede værdi af alle kontrakter omfattet af dette kapitel, som er tildelt af disse ordregivere, opdelt efter bilag, og
c)
den anslåede værdi for de data, der kræves i henhold til litra a) og b), med en redegørelse for den metode, der er anvendt til at beregne den anslåede værdi, hvis det ikke er muligt at fremlægge de pågældende data.
5.   Offentliggør en part sine statistikker på et officielt websted på en måde, der er i overensstemmelse med betingelserne i stk. 4, kan parten i stedet for at rapportere til Udvalget for Offentlige Udbud angive et link til webstedet sammen med eventuelle nødvendige instrukser vedrørende adgang til og brug af disse statistikker.
6.   Foreskriver en part, at bekendtgørelser om tildelte kontrakter, jf. stk. 2, skal offentliggøres elektronisk, og er sådanne bekendtgørelser tilgængelige for offentligheden via en central database i et format, der gør det muligt at analysere de omfattede kontrakter, kan parten i stedet for at rapportere til Udvalget for Offentlige Udbud angive link til webstedet sammen med eventuelle nødvendige instrukser vedrørende adgang til og brug af sådanne data.
Artikel 19.16
Videregivelse af oplysninger
1.   En part skal på den anden parts anmodning straks fremlægge alle oplysninger, der er nødvendige for at afgøre, om en udbudsprocedure er blevet gennemført på fair og upartisk vis og i overensstemmelse med dette kapitel, herunder oplysninger om det valgte tilbuds egenskaber og relative fordele. Ville afgivelse af oplysningerne være til skade for konkurrencen ved fremtidige udbud, må den part, der modtager oplysningerne, ikke videregive oplysningerne til leverandører uden høring af og samtykke fra den part, der stillede oplysningerne til rådighed.
2.   Uanset dette kapitels øvrige bestemmelser må en part, herunder dens ordregivere, ikke stille oplysninger til rådighed for en bestemt leverandør, som kan skade den fair konkurrence mellem leverandører.
3.   Intet i dette kapitel må fortolkes således, at det af en part, herunder dens ordregivere, myndigheder og klageinstanser, kræves, at den skal videregive fortrolige oplysninger, hvis dette:
a)
ville hindre retshåndhævelsen
b)
kan skade den fair konkurrence mellem leverandører
c)
ville skade bestemte personers legitime forretningsinteresser, herunder beskyttelse af intellektuel ejendomsret, eller
d)
på anden måde ville være i strid med offentlige interesser.
Artikel 19.17
Interne klageprocedurer
1.   Hver part skal sikre en procedure for en rettidig, effektiv, gennemsigtig og ikke-diskriminerende administrativ eller retslig prøvelse, hvorigennem en leverandør kan klage over:
a)
en overtrædelse af dette kapitel, eller
b)
hvis leverandøren ikke har ret til at klage direkte over en overtrædelse af dette kapitel i henhold til partens interne lovgivning, manglende overholdelse af en parts foranstaltninger til gennemførelse af dette kapitel,
som opstår i forbindelse med et omfattet udbud, hvori leverandøren har eller har haft en interesse. De proceduremæssige regler for alle klager skal foreligge skriftligt og være almindeligt tilgængelige.
2.   Klager en leverandør i forbindelse med et omfattet udbud, hvori leverandøren har eller har haft en interesse, over en overtrædelse eller manglende overholdelse som omhandlet i stk. 1, skal den part, hvor ordregiveren er hjemmehørende, opfordre sin ordregiver og leverandøren til at finde en løsning på klagen gennem konsultationer. Ordregiver skal tage klagen op til upartisk og rettidig overvejelse på en sådan måde, at dette ikke lægger hindringer i vejen for leverandørens deltagelse i igangværende eller fremtidige udbud eller ret til at søge om korrigerende foranstaltninger inden for rammerne af proceduren for administrativ eller retslig prøvelse.
3.   Enhver leverandør skal have en rimelig frist til at udarbejde og indgive en klage, hvilket under ingen omstændigheder kan være mindre end 10 dage regnet fra det tidspunkt, hvor leverandøren har eller med rimelighed burde have kendskab til det forhold, der påklages.
4.   Hver af parterne skal oprette eller udnævne mindst én upartisk administrativ eller retslig myndighed, der er uafhængig af deres ordregivere, til at modtage og behandle klager fra leverandører i forbindelse med et omfattet udbud.
5.   Behandler et andet organ end en myndighed som omhandlet i stk. 4 i første omgang en klage, skal parten sikre, at leverandøren kan appellere den oprindelige afgørelse til en upartisk administrativ eller retslig myndighed, der er uafhængig af den ordregiver, hvis udbud er genstand for klagen.
6.   Hver af parterne skal sikre, at en afgørelse fra et klageorgan, der ikke er en domstol, enten er underlagt retslig kontrol eller har procedurer, som sikrer:
a)
at ordregiveren besvarer klagen skriftligt og forelægger klageinstansen alle relevante dokumenter
b)
at deltagerne i sagen (»deltagerne«) har ret til blive hørt, før klageinstansen træffer afgørelse vedrørende klagen
c)
at deltagerne har ret til at lade sig repræsentere eller ledsage
d)
at deltagerne har adgang til alle retsmøder
e)
at deltagerne har ret til at anmode om, at retsmøderne er offentlige, og at der kan føres vidner, og
f)
at klageinstansen træffer sine afgørelser eller henstillinger rettidigt, skriftligt og med en begrundelse for den enkelte afgørelse eller henstilling.
7.   Hver af parterne skal indføre eller anvende procedurer, der giver mulighed for:
a)
hurtige foreløbige foranstaltninger for at bevare leverandørens mulighed for at deltage i udbudsproceduren. Sådanne foreløbige foranstaltninger kan medføre suspension af udbudsproceduren. Det kan i procedurerne fastsættes, at der ved afgørelsen af, om sådanne foranstaltninger skal bringes i anvendelse, kan tages hensyn til overvejende negative konsekvenser for de involverede interesser, herunder offentlighedens interesser. Den legitime grund til at undlade at træffe foranstaltningerne skal gives skriftligt, og
b)
korrigerende foranstaltninger eller kompensation for tab eller skader, som eventuelt kan begrænses til enten omkostningerne til udarbejdelsen af buddet eller omkostningerne vedrørende klagen eller begge, hvis klageinstansen finder, at der foreligger en overtrædelse eller manglende overholdelse som omhandlet i stk. 1.
8.   Parterne indleder senest ti år efter denne aftales ikrafttræden forhandlinger med henblik på yderligere at udvikle kvaliteten af retsmidler, herunder en eventuel forpligtelse til at indføre eller opretholde retsmidler forud for indgåelse af kontrakten.
Artikel 19.18
Ændringer og rettelser af dækning
1.   En part kan ændre eller berigtige sine bilag til dette kapitel.
2.   Ændrer en part et bilag til dette kapitel, skal parten:
a)
meddele dette skriftligt til den anden part, og
b)
i meddelelsen foreslå den anden part passende kompenserende justeringer for at opretholde et dækningsniveau, der svarer til det niveau, der allerede gjaldt før ændringen.
3.   Uanset stk. 2, litra b), behøver en part ikke foreslå kompenserende justeringer, hvis:
a)
virkningen af den pågældende ændring er ubetydelig, eller
b)
ændringen vedrører en ordregiver, som reelt ikke længere er under partens kontrol eller indflydelse.
4.   Bestrider den anden part, at:
a)
en i henhold til stk. 2, litra b), foreslået justering er tilstrækkelig til at opretholde en sammenlignelig grad af gensidigt aftalt dækning
b)
virkningen af den pågældende ændring er ubetydelig, eller
c)
ændringen vedrører en ordregiver, som reelt ikke længere er under partens kontrol eller indflydelse, jf. stk. 3, litra b)
skal den skriftligt modsætte sig dette senest 45 dage efter modtagelsen af den i stk. 2, litra a), omhandlede meddelelse eller anses for at have accepteret den pågældende justering eller ændring, herunder i forbindelse med kapitel niogtyve (tvistbilæggelse).
5.   Følgende ændringer af en parts bilag betragtes som berigtigelser, forudsat at de ikke berører den indbyrdes aftalte dækning, der er fastsat i denne aftale:
a)
en forandring af en ordregivers navn
b)
en sammenlægning af to eller flere ordregivere, der er opført i et bilag, og
c)
en opdeling af en ordregiver, der er opført i et bilag, i to eller flere ordregivere, der alle tilføjes til de enheder, der er opført i samme bilag.
6.   Foreslås der berigtigelser af en parts bilag, skal parten underrette den anden part hvert andet år efter denne aftales ikrafttræden i overensstemmelse med meddelelsescyklussen i henhold til aftalen om offentlige indkøb i bilag 4 til WTO-overenskomsten.
7.   En part kan gøre indsigelse over for den anden part mod en foreslået berigtigelse senest 45 dage efter at have modtaget meddelelsen. Gør en part indsigelse, skal den angive grundene til, hvorfor den mener, at den foreslåede berigtigelse ikke er en ændring som omhandlet i stk. 5 i denne artikel, og redegøre for den foreslåede berigtigelses indvirkning på den indbyrdes aftalte dækning, der er fastsat i aftalen. Er der ikke fremsat en sådan skriftlig indsigelse senest 45 dage efter modtagelsen af meddelelsen, anses parten for at have accepteret den foreslåede berigtigelse.
Artikel 19.19
Udvalget for Offentlige Udbud
1.   Udvalget for Offentlige Udbud, som er nedsat i medfør af artikel 26.2.1, litra e), består af repræsentanter for hver af parterne og træder sammen, når det er nødvendigt, med henblik på at give parterne mulighed for at konsultere hinanden om ethvert spørgsmål vedrørende anvendelsen af dette kapitel eller fremme af dets målsætning og at udføre andre opgaver, der pålægges det af parterne.
2.   Udvalget for Offentlige Udbud træder sammen efter anmodning fra en af parterne med henblik på at:
a)
behandle spørgsmål vedrørende offentlige udbud, som forelægges det af en af parterne
b)
udveksle oplysninger om muligheder for offentlige udbud i hver part
c)
drøfte ethvert andet spørgsmål vedrørende anvendelsen af dette kapitel, og
d)
overveje at fremme koordinerede aktiviteter for at befordre leverandørers adgang til kontraktmuligheder på hver parts territorium. Disse aktiviteter kan omfatte informationsmøder, navnlig med henblik på at forbedre elektronisk adgang til offentligt tilgængelige oplysninger om hver parts ordning for offentlige indkøb, og initiativer til at befordre adgangen for små og mellemstore virksomheder.
3.   Hver af parterne skal årligt fremsende statistiske oplysninger af relevans for de udbud, der er omfattet af dette kapitel, jf. artikel 19.15, til Udvalget for Offentlige Udbud.
KAPITEL TYVE
Intellektuel ejendomsret
Afdeling A
Generelle bestemmelser
Artikel 20.1
Formål
Formålene med dette kapitel er at:
a)
fremme produktionen og markedsføringen af innovative og kreative produkter samt leveringen af tjenesteydelser mellem parterne, og
b)
sikre et passende og effektivt niveau for beskyttelse og håndhævelse af intellektuelle ejendomsrettigheder.
Artikel 20.2
Forpligtelsernes art og omfang
1.   Bestemmelserne i dette kapitel supplerer parternes indbyrdes rettigheder og forpligtelser i henhold til TRIPS-aftalen.
2.   Hver af parterne kan frit fastlægge den mest hensigtsmæssige metode til gennemførelse af bestemmelserne i denne aftale inden for sit eget retssystem og sin egen retspraksis.
3.   Intet i denne aftale indebærer nogen forpligtelse med hensyn til fordelingen af ressourcer på håndhævelse af intellektuelle ejendomsrettigheder og håndhævelse af lovgivningen i almindelighed.
Artikel 20.3
Offentlig sundhed
1.   Parterne anerkender vigtigheden af 
Dohaerklæringen om TRIPS-aftalen og folkesundhed
 (»Dohaerklæringen«), der blev vedtaget den 14. november 2001 af WTO's ministerkonference. Parterne skal ved fortolkning og gennemførelse af rettighederne og forpligtelserne i dette kapitel sikre overensstemmelse med erklæringen.
2.   Parterne bidrager til gennemførelsen af og overholder 
WTO's Almindelige Råds afgørelse af 30. august 2003
                     
 om punkt 6 i Dohaerklæringen samt 
protokollen om ændring af TRIPS-aftalen
, indgået den 6. december 2005 i Genève.
Artikel 20.4
Konsumption
Dette kapitel berører ikke parternes frihed til at bestemme, om og under hvilke betingelser der sker konsumption af intellektuelle ejendomsrettigheder.
Artikel 20.5
Videregivelse af oplysninger
Dette kapitel pålægger ikke en part at videregive oplysninger, der i givet fald ville være i strid med dens lovgivning eller er undtaget fra videregivelse i henhold til dens lovgivning om adgang til oplysninger og beskyttelse af privatlivets fred.
Afdeling B
Standarder vedrørende intellektuelle ejendomsrettigheder
Artikel 20.6
Definition
Med henblik på denne afdeling forstås ved:
farmaceutisk produkt
: et produkt, herunder et kemisk stof, et biologisk stof, en vaccine eller et radiofarmaceutisk middel, som fremstilles, sælges eller tilbydes til brug for:
a)
udarbejdelse af en medicinsk diagnose, behandling, modvirkning eller forebyggelse af sygdom, forstyrrelse eller anormal fysiske tilstand eller dens symptomer, eller
b)
at genoprette, rette eller ændre fysiologiske funktioner.
Underafdeling A
Ophavsret og beslægtede rettigheder
Artikel 20.7
Beskyttelsens indhold
1.   Parterne skal overholde følgende internationale aftaler:
a)
Artikel 2-20 i 
Bernerkonventionen til værn for litterære og kunstneriske værker
, indgået den 24. juli 1971 i Paris
b)
artikel 1-14 i 
WIPO's traktat om ophavsret
, indgået den 20. december 1996 i Genève
c)
artikel 1-23 i 
WIPO's traktat om fremførelser og fonogrammer
, indgået den 20. december 1996 i Genève, og
d)
artikel 1-22 i 
den internationale konvention om beskyttelse af udøvende kunstnere, fremstillere af fonogrammer samt radio- og fjernsynsforetagender
, indgået den 26. oktober 1961 i Rom.
2.   I det omfang det er tilladt i henhold til de i stk. 1 omhandlede traktater, begrænser dette kapitel ikke parternes mulighed for at begrænse den beskyttelse af intellektuelle ejendomsrettigheder, den yder fremførelser, til de fremførelser, der er optaget på fonogrammer.
Artikel 20.8
Udsendelse og kommunikation til offentligheden
1.   Hver af parterne skal give udøvende kunstnere eneret til at tillade eller forbyde trådløs udsendelse og kommunikation til offentligheden af deres fremførelser, medmindre fremførelsen i sig allerede selv sker ved en radio- eller fjernsynsudsendelse eller på grundlag af en optagelse.
2.   Hver af parterne skal sikre, at et enkelt rimeligt vederlag betales af brugeren, hvis et i kommercielt øjemed udgivet fonogram eller en reproduktion af et sådant fonogram anvendes til trådløs udsendelse eller anden kommunikation til offentligheden, og skal sikre, at dette vederlag deles mellem de pågældende kunstnere og fonogramproducenter. Hver af parterne kan, hvis der ikke foreligger en aftale herom mellem de udøvende kunstnere og fonogramproducenterne, fastlægge betingelserne for denne indbyrdes fordeling af vederlaget.
Artikel 20.9
Beskyttelse af teknologiske foranstaltninger
1.   Med henblik på denne artikel forstås ved 
teknologiske foranstaltninger
 alle teknologier, anordninger eller komponenter, der ved deres normale funktion er udformet til at forhindre eller begrænse handlinger i forbindelse med værker, fremførelser eller fonogrammer, som de pågældende ophavsmænd, udøvende kunstnere eller fonogramproducenter ikke har tilladt, jf. hver parts lovgivning. Uanset omfanget af ophavsretten eller dermed beslægtede rettigheder i en parts lovgivning anses teknologiske foranstaltninger for at være effektive, hvis brugen af beskyttede værker, fremførelser eller fonogrammer kontrolleres af ophavsmænd, udøvende kunstnere eller fonogramproducenter ved hjælp af en adgangskode eller en beskyttelsesproces, såsom kryptering eller scrambling, eller ved hjælp af en kopikontrolanordning, der opfylder beskyttelsesformålet.
2.   Hver af parterne skal sikre, at der er adgang til den nødvendige retsbeskyttelse og effektive retsmidler over for omgåelse af effektive teknologiske foranstaltninger, som ophavsmænd, udøvende kunstnere eller fonogramproducenter anvender i forbindelse med udøvelsen af deres rettigheder i forbindelse med, og som begrænser handlinger med hensyn til, deres værker, fremførelser og fonogrammer, som de pågældende ophavsmænd, udøvende kunstnere eller fonogramproducenter ikke har tilladt, eller som ikke er tilladt ifølge lovgivningen.
3.   For at sikre den nødvendige retsbeskyttelse og de effektive retsmidler, der er omhandlet i stk. 2, skal hver part som minimum sikre beskyttelse mod:
a)
i det omfang dens lovgivning foreskriver det:
i)
uautoriseret omgåelse af effektive teknologiske foranstaltninger, som er bevidst eller som med rimelighed kan formodes at være bevidst, og
ii)
udbud til offentligheden via markedsføring af en anordning eller et produkt, herunder computerprogrammer, eller en tjenesteydelse som en måde at omgå en effektiv teknologisk foranstaltning, og
b)
fremstilling, import eller distribution af en anordning eller et produkt, herunder computerprogrammer, eller levering af en tjenesteydelse, som
i)
hovedsagelig er udformet eller fremstillet med henblik på omgåelse af en effektiv teknologisk foranstaltning, eller
ii)
kun i begrænset omfang har et andet væsentligt kommercielt formål end omgåelse af en effektiv teknologisk foranstaltning.
4.   Ved udtrykket »i det omfang dens lovgivning foreskriver det« i stk. 3 forstås, at hver part råder over en vis fleksibilitet ved gennemførelsen af litra a), nr. i) og ii).
5.   Ingen part er ved gennemførelsen af stk. 2 og 3 forpligtet til at kræve, at udformning af eller udformning og valg af dele og komponenter til et forbrugerelektronik-, telekommunikations- eller computerprodukt udgør et svar på nogen særlig teknologisk foranstaltning, forudsat at produktet ikke på anden måde omgår en parts bestemmelser til gennemførelse af de nævnte stykker. Hensigten med nærværende bestemmelse er, at denne aftale ikke forpligter en part til at kræve interoperabilitet i sin lovgivning: Der er ingen forpligtelse for informations- og kommunikationsteknologi-industrien til at udvikle anordninger, produkter, komponenter eller tjenesteydelser, der svarer til bestemte teknologiske foranstaltninger.
6.   For at sikre den nødvendige retsbeskyttelse og effektive retsmidler i henhold til stk. 2 kan en part indføre eller opretholde passende begrænsninger eller undtagelser for foranstaltninger, der gennemfører bestemmelserne i stk. 2 og 3. Forpligtelserne i stk. 2 og 3 berører ikke rettigheder, begrænsninger, undtagelser eller indsigelser for så vidt angår krænkelse af ophavsret eller dermed beslægtede rettigheder i henhold til en parts lovgivning.
Artikel 20.10
Beskyttelse af rettighedsforvaltningsoplysninger
1.   Med henblik på denne artikel forstås ved 
rettighedsforvaltningsoplysninger
:
a)
oplysninger, der identificerer et værk, en fremførelse eller et fonogram, ophavsmanden til et værk, den udøvende kunstner i en fremførelse, fonogramproducenten eller enhver rettighedshaver til et værk, en fremførelse eller et fonogram
b)
oplysninger om vilkår og betingelser for brugen af et værk, en fremførelse eller et fonogram, eller
c)
numre eller koder, som repræsenterer de i litra a) og b) ovenfor beskrevne oplysninger
når sådanne oplysninger er knyttet til en kopi af et værk, en fremførelse eller et fonogram eller optræder i forbindelse med meddelelsen om eller tilrådighedsstillelsen af et værk, en fremførelse eller et fonogram til offentligheden.
2.   For at beskytte elektroniske rettighedsforvaltningsoplysninger skal hver part sikre, at der er adgang til hensigtsmæssig retsbeskyttelse og effektive retsmidler over for enhver person, som uden tilladelse bevidst foretager en af følgende handlinger vel vidende eller med rimelig grund til at vide, at handlingen indebærer, muliggør, befordrer eller skjuler en krænkelse af en ophavsret eller dermed beslægtede rettigheder:
a)
sletning eller ændring af elektroniske rettighedsforvaltningsoplysninger, eller
b)
udbredelse, import med henblik på udbredelse, udsendelse, kommunikation eller tilrådighedsstillelse for offentligheden af kopier af værker, fremførelser eller fonogrammer vel vidende, at elektroniske rettighedsforvaltningsoplysninger er blevet slettet eller ændret uden tilladelse.
3.   For at sikre den nødvendige retsbeskyttelse og effektive retsmidler i henhold til stk. 2 kan en part indføre eller opretholde passende begrænsninger eller undtagelser for foranstaltninger, der gennemfører stk. 2. Forpligtelserne i stk. 2 berører ikke rettigheder, begrænsninger, undtagelser eller indsigelser for så vidt angår krænkelse af ophavsret eller dermed beslægtede rettigheder i henhold til en parts lovgivning.
Artikel 20.11
Formidleransvar for tjenesteydere
1.   Hver af parterne skal med forbehold af de øvrige stykker i denne artikel fastsætte begrænsninger eller undtagelser i sin lovgivning vedrørende tjenesteyderes ansvar, når de optræder som formidlere, for krænkelser af ophavsret eller beslægtede rettigheder, der finder sted på eller via kommunikationsnet, i forbindelse med levering eller brug af deres tjenester.
2.   De i stk. 1 omhandlede begrænsninger eller undtagelser:
a)
skal som minimum dække følgende funktioner:
i)
værtslagring af oplysningerne efter anmodning fra en bruger af værtstjenesterne
ii)
caching ved hjælp af en automatisk proces, når tjenesteyderen:
A)
ikke ændrer oplysningerne af andet end tekniske årsager
B)
sikrer, at eventuelle anvisninger vedrørende cache-lagring af oplysningerne, som er angivet på en måde, der er almindelig anerkendt og anvendt af industrien, overholdes, og
C)
ikke griber ind i den lovlige anvendelse af teknologi, som er almindelig anerkendt og anvendt af industrien, med det formål at skaffe sig data om anvendelsen af oplysningerne, og
iii)
ren videreformidling, som består i tilvejebringelse af midler til at overføre oplysninger fra en bruger eller til at få adgang til et kommunikationsnetværk, og
b)
kan også omfatte andre funktioner, herunder tilrådighedsstillelse af et værktøj til informationslokalisering, ved at foretage reproduktioner af ophavsretligt beskyttet materiale på en automatiseret måde og overføre reproduktioner.
3.   Berettigelse til de i denne artikel omhandlede begrænsninger eller undtagelser kan ikke gøres betinget af, at tjenesteudbyderen overvåger sin tjeneste eller aktivt søger oplysninger om forhold, der peger i retning af en krænkelse.
4.   Hver af parterne kan i sin interne lovgivning fastsætte betingelser for, at tjenesteudbydere falder ind under begrænsningerne og undtagelserne i denne artikel. Uden at det berører ovenstående, kan hver af parterne fastsætte passende procedurer for effektive anmeldelser af påståede krænkelser og effektive kontraanmeldelser fra personer, hvis materiale fjernes eller gøres utilgængeligt på grund af fejl eller fejlagtig identifikation.
5.   Denne artikel er ikke til hinder for, at der i en parts lovgivning findes andre indsigelser, begrænsninger og undtagelser vedrørende krænkelse af ophavsrettigheder eller beslægtede rettigheder. Denne artikel berører ikke en domstols eller en administrativ myndigheds muligheder for i overensstemmelse med en parts retssystem at kræve, at en tjenesteyder bringer en krænkelse til ophør eller forhindrer den.
Artikel 20.12
Videooptagelser
Hver af parterne kan bestemme, at strafferetlige procedurer og straffe finder anvendelse i overensstemmelse med deres love og forskrifter over for en person, der uden tilladelse fra teatrets leder eller indehaveren af ophavsrettighederne til et filmværk laver en kopi af dette værk eller en del heraf på baggrund af en fremførelse af værket i en filmforevisningsfacilitet, der er åben for offentligheden.
Underafdeling B
Varemærker
Artikel 20.13
Internationale aftaler
Hver af parterne skal gøre enhver rimelig indsats for at overholde artikel 1-22 i 
Singaporetraktaten om varemærkeret
, indgået den 27. marts 2006 i Singapore, og at tiltræde 
protokollen til Madridarrangementet om den internationale registrering af varemærker
, indgået den 27. juni 1989 i Madrid.
Artikel 20.14
Registreringsprocedure
Hver af parterne skal sikre, at der er adgang til en ordning for registrering af varemærker, hvor begrundelsen for et afslag på registrering af et varemærke meddeles skriftligt til ansøgeren, der skal have mulighed for at anfægte et sådant afslag og for at indbringe et endeligt afslag for en judiciel myndighed. Hver af parterne skal sikre, at der er adgang til at gøre indsigelse mod varemærkeansøgninger eller -registreringer. Hver af parterne skal sikre, at der er adgang til en offentligt tilgængelig elektronisk database over varemærkeansøgninger og -registreringer.
Artikel 20.15
Undtagelser fra de rettigheder, der er knyttet til et varemærke
Hver af parterne skal tillade en rimelig anvendelse af deskriptive udtryk, herunder deskriptive udtryk om geografisk oprindelse, som en begrænset undtagelse fra de rettigheder, der er knyttet til et varemærke. Ved vurderingen af, hvad der udgør rimelig anvendelse, tages der hensyn til varemærkeindehaverens og tredjeparters legitime interesser. Hver af parterne kan fastsætte andre begrænsede undtagelser, forudsat at disse undtagelser tager hensyn til varemærkeindehaverens og tredjeparters legitime interesser.
Underafdeling C
Geografiske betegnelser
Artikel 20.16
Definitioner
Med henblik på denne underafdeling forstås ved:
geografiske betegnelse
: en betegnelse, der angiver et landbrugsprodukt eller en fødevare med oprindelse i en parts territorium eller i en region eller en lokalitet i dette territorium, dersom produktets kvalitet, omdømme eller andre egenskaber i alt væsentligt kan tilskrives dets geografiske oprindelse, og
produktklasse
: en produktklasse, som er opført i bilag 20-C.
Artikel 20.17
Anvendelsesområde
Denne underafdeling finder anvendelse på geografiske betegnelser, der identificerer produkter, som falder ind under en af produktklasserne i bilag 20-C.
Artikel 20.18
Liste over geografiske betegnelser
Med henblik på denne underafdeling:
a)
er betegnelserne i bilag 20-A, del A, geografiske betegnelser, der identificerer et produkt med oprindelse i Den Europæiske Unions territorium eller i en region eller en lokalitet i dette territorium, og
b)
er betegnelserne i bilag 20-A, del B, geografiske betegnelser, der identificerer et produkt med oprindelse i Canadas territorium eller i en region eller en lokalitet i dette territorium.
Artikel 20.19
Beskyttelse af de geografiske betegnelser i bilag 20-A
1.   Efter at have undersøgt den anden parts geografiske betegnelser skal hver af parterne beskytte dem i overensstemmelse med det beskyttelsesniveau, der er fastsat i denne underafdeling.
2.   Hver part skal sikre, at der er adgang til retsmidler, ved hjælp af hvilke interesserede parter kan forhindre:
a)
anvendelsen af den anden parts geografiske betegnelser, der er opført i bilag 20-A, for et produkt, der falder ind under den produktklasse, der er angivet i bilag 20-A for den pågældende geografiske betegnelse, og som enten:
i)
ikke har oprindelse i det oprindelsessted, der er angivet i bilag 20-A for den pågældende geografiske betegnelse, eller
ii)
har oprindelse i det oprindelsessted, der er angivet i bilag 20-A for den pågældende geografiske betegnelse, men ikke er blevet produceret eller fremstillet i overensstemmelse med de love og forskrifter i den anden part, som ville finde anvendelse, hvis produktet var bestemt til forbrug i den anden part
b)
anvendelsen af alle midler i betegnelsen eller præsentationen af en vare, som angiver eller antyder, at den pågældende vare har oprindelse i et andet geografisk område end det virkelige oprindelsessted, på en måde, som vildleder offentligheden med hensyn til varens geografiske oprindelse, og
c)
enhver anden anvendelse, som udgør illoyal konkurrence i henhold til artikel 10 b i 
Pariserkonventionen om beskyttelse af industriel ejendomsret
 (1967), indgået den 14. juli 1967 i Stockholm.
3.   Der skal gives den i stk. 2, litra a), omhandlede beskyttelse, også selv om produktets virkelige oprindelse er angivet, eller den geografiske betegnelse er anvendt i oversættelse eller ledsaget af udtryk såsom »art«, »type«, »stil«, »efterligning« eller lignende.
4.   Hver af parterne skal, i det omfang det følger af deres lovgivning, sikre håndhævelse ved administrative foranstaltninger for at forbyde, at en person fremstiller, klargør, emballerer, mærker, sælger eller importerer eller reklamerer for en fødevare på en måde, der er usand, forkert eller vildledende, eller som ville kunne give et forkert indtryk vedrørende dens oprindelse.
5.   Hver af parterne sikrer i overensstemmelse med stk. 4, at der er adgang til administrative foranstaltninger i forbindelse med klager vedrørende mærkning af produkter, herunder deres udformning, på en måde, der er usand, forkert eller vildledende, eller som ville kunne give et forkert indtryk vedrørende deres oprindelse.
6.   Registreringen af et varemærke, der indeholder eller består af en geografisk betegnelse fra den anden part, som er anført i bilag 20-A, skal nægtes eller erklæres ugyldig, enten af egen drift, hvis en parts lovgivning tillader dette, eller efter anmodning fra en interesseret part for så vidt angår et produkt, der er omfattet af den produktklasse, der er angivet i bilag 20-A for den pågældende geografiske betegnelse, og som ikke har oprindelse i det oprindelsessted, der er angivet i bilag 20-A for den pågældende geografiske betegnelse.
7.   Intet i denne underafdeling forpligter til at beskytte geografiske betegnelser, der ikke eller ikke længere beskyttes på deres oprindelsessted, eller som er gået af brug på det pågældende sted. Ophører en parts geografiske betegnelse, der er opført i bilag 20-A, med at være beskyttet på dens oprindelsessted, eller er den gået af brug, skal parten underrette den anden part herom og anmode om annullering.
Artikel 20.20
Enslydende geografiske betegnelser
1.   I tilfælde af enslydende geografiske betegnelser hos parterne for produkter i samme produktklasse skal hver af parterne fastsætte de praktiske regler for, hvordan sådanne enslydende betegnelser sondres fra hinanden, idet der tages hensyn til behovet for at sikre lige behandling af de berørte producenter og til, at forbrugerne ikke vildledes.
2.   Foreslår en part i forbindelse med forhandlinger med et tredjeland at beskytte en geografisk betegnelse til identifikation af et produkt med oprindelse i tredjelandet, og er denne betegnelse enslydende med en geografisk betegnelse fra den anden part, som er opført i bilag 20-A, og produktet omfattet af den produktklasse, der er angivet i bilag 20-A for den enslydende geografiske betegnelse fra den anden part, skal den anden part underrettes herom og have mulighed for at fremsætte sine bemærkninger, inden den geografiske betegnelse beskyttes.
Artikel 20.21
Undtagelser
1.   Uanset artikel 20.19.2 og 20.19.3 har Canada ikke pligt til at sikre, at interesserede parter har adgang til retsmidler til at forhindre anvendelse af de udtryk, der er anført i bilag 20-A, del A, og markeret med en asterisk 
(
28
)
, når anvendelsen af sådanne udtryk ledsages af udtryk som »art«, »type«, »stil«, »efterligning« eller lignende og er kombineret med en letlæselig og synlig angivelse af den geografiske oprindelse af det pågældende produkt.
2.   Uanset artikel 20.19.2 og 20.19.3 er beskyttelsen af de geografiske betegnelser, der er anført i bilag 20-A, del A, og markeret med en asterisk 
(
29
)
, ikke til hinder for anvendelsen på Canadas territorium af nogen af disse angivelser af personer, herunder deres retssuccessorer, der har gjort kommerciel brug af disse betegnelser for så vidt angår produkter i klassen »oste« inden den 18. oktober 2013.
3.   Uanset artikel 20.19.2 og 20.19.3 er beskyttelsen af de geografiske betegnelser, der er anført i bilag 20-A, del A, og markeret med to asterisker, ikke til hinder for anvendelsen af denne betegnelse af personer, herunder deres retssuccessorer, der har gjort kommerciel brug af denne betegnelse for så vidt angår produkter i klassen »fersk, frosset og bearbejdet kød« i mindst fem år inden den 18. oktober 2013. En overgangsperiode på fem år fra nærværende artikels ikrafttræden, i løbet af hvilken anvendelsen af ovennævnte betegnelse ikke forhindres, finder anvendelse på alle andre personer, herunder deres retssuccessorer, der har gjort kommerciel brug af disse betegnelser for så vidt angår produkter i klassen »fersk, frosset og forarbejdet kød« i mindre end fem år inden den 18. oktober 2013.
4.   Uanset artikel 20.19.2 og 20.19.3 er beskyttelsen af de geografiske betegnelser, der er anført i bilag 20-A, del A, og markeret med tre asterisker, ikke til hinder for anvendelsen af disse betegnelser af personer, herunder deres retssuccessorer, der har gjort kommerciel brug af disse betegnelser for så vidt angår produkter i klassen »tørret kød« henholdsvis »oste« i mindst ti år inden den 18. oktober 2013. En overgangsperiode på fem år fra nærværende artikels ikrafttræden, i løbet af hvilken anvendelsen af ovennævnte betegnelser ikke forhindres, finder anvendelse på alle andre personer, herunder deres retssuccessorer, der har gjort kommerciel brug af disse betegnelser for så vidt angår produkter i klassen »tørret kød« henholdsvis »oste« i mindre end ti år inden den 18. oktober 2013.
5.   Er der indgivet ansøgning om et varemærke, er et varemærke blevet registreret i god tro, eller er rettighederne til et varemærke erhvervet ved anvendelse i god tro, i en part før den relevante dato, der er fastsat i stk. 6, udgør foranstaltninger, der er vedtaget for at gennemføre denne underafdeling i denne part, ikke nogen hindring for berettigelsen eller gyldigheden af varemærkets registrering eller for retten til at anvende varemærket med den begrundelse, at varemærket er identisk med eller ligner en geografisk betegnelse.
6.   Med henblik på stk. 5 er den relevante dato:
a)
for så vidt angår en geografisk betegnelse, der er opført i bilag 20-A på datoen for undertegnelsen af denne aftale, datoen for denne underafdelings ikrafttræden, eller
b)
for så vidt angår en geografisk betegnelse, der føjes til bilag 20-A efter datoen for undertegnelsen af denne aftale i henhold til artikel 20.22, datoen for tilføjelsen af den geografiske betegnelse.
7.   Er en oversættelse af en geografisk betegnelse identisk med, eller indeholder den et udtryk, der i daglig tale anvendes som det almindelige navn for, et produkt på en parts territorium, eller er en geografisk betegnelse ikke identisk med, men indeholder et sådan udtryk, berører bestemmelserne i denne underafdeling ikke en persons ret til at anvende det pågældende udtryk i forbindelse med det pågældende produkt på den pågældende parts territorium.
8.   Der er for så vidt angår produkter intet, der forhindrer anvendelsen på en parts territorium af en sædvanlig betegnelse for en plantesort eller en dyrerace, der allerede gjaldt på den pågældende parts territorium på datoen for denne underafdelings ikrafttræden.
9.   En part kan bestemme, at enhver ansøgning i medfør af denne underafdeling i forbindelse med anvendelsen eller registreringen af et varemærke skal fremsættes senest fem år efter, at den uautoriserede anvendelse af den beskyttede betegnelse er blevet almindeligt kendt i parten, eller efter datoen for varemærkets registrering hos den pågældende part, forudsat at varemærket er offentliggjort senest denne dato, hvis den pågældende dato ligger før den dato, på hvilken den uautoriserede anvendelse blev almindeligt kendt i den pågældende part, forudsat at den geografiske betegnelse ikke anvendes eller er blevet registreret i ond tro.
10.   Bestemmelserne i denne underafdeling berører ikke en persons ret til som led i handel at anvende navnet på den pågældende person eller på den pågældende persons erhvervsmæssige forgænger, medmindre et sådant navn anvendes således, at offentligheden vildledes.
11.
a)
Bestemmelserne i denne underafdeling berører ikke en persons ret til i Canada at anvende eller registrere et varemærke, der indeholder eller består af et udtryk, der er anført i bilag 20-B, del A, og
b)
litra a) finder ikke anvendelse på udtryk, der er anført i bilag 20-B, del A, for så vidt angår anvendelse, som kan vildlede offentligheden med hensyn til varernes geografiske oprindelse.
12.   Bestemmelserne i denne underafdeling gælder ikke for anvendelsen i Canada af de udtryk, der er anført i bilag 20 B, del B.
13.   En tildeling som omhandlet i stk. 2-4 omfatter ikke overdragelse af retten til at anvende en geografisk betegnelse i sig selv.
Artikel 20.22
Ændringer af bilag 20-A
1.   Det Blandede CETA-Udvalg nedsat i medfør af artikel 26.1 (Det Blandede CETA-Udvalg), handler ved konsensus og efter indstilling fra CETA-Udvalget for Geografiske Betegnelser, kan beslutte at ændre bilag 20-A ved at tilføje geografiske betegnelser eller fjerne geografiske betegnelser, som er ophørt med at være beskyttet eller er gået af brug i deres oprindelsessted.
2.   En geografisk betegnelse må i princippet ikke tilføjes bilag 20-A, del A, når der er tale om et navn, som på datoen for denne aftales undertegnelse er opført i det relevante register i Den Europæiske Union med status som »registreret« for så vidt angår en EU-medlemsstat.
3.   En geografisk betegnelse til identifikation af et produkt med oprindelse i en bestemt part må ikke tilføjes bilag 20 A:
a)
når det er identisk med et varemærke, der er blevet registreret i den anden part for så vidt angår de samme eller lignende produkter, eller med et varemærke, for hvilket rettigheder i den anden part er blevet erhvervet ved anvendelse i god tro og en ansøgning vedrørende samme eller lignende produkter indgivet
b)
når det er identisk med det sædvanlige navn på en plantesort eller en dyrerace i den anden part, eller
c)
når det er identisk med det udtryk, der i daglig tale anvendes som det almindelige navn for sådanne produkter i den anden part.
Artikel 20.23
Anden beskyttelse
Bestemmelserne i denne underafdeling berører ikke retten til at ansøge om anerkendelse og beskyttelse af en geografisk betegnelse i henhold til en parts relevante lovgivning.
Underafdeling D
Design
Artikel 20.24
Internationale aftaler
Hver af parterne skal gøre enhver rimelig indsats for at tiltræde 
Genèveaftalen under Haagarrangementet vedrørende international registrering af industrielle design
, indgået den 2. juli 1999 i Genève.
Artikel 20.25
Forholdet til ophavsret
Genstanden for en designrettighed kan beskyttes i henhold til ophavsretslovgivningen, når betingelserne for denne beskyttelse er opfyldt. Omfanget af og betingelserne for at opnå en sådan beskyttelse, herunder kravet til originalitet, fastsættes af hver part.
Underafdeling E
Patenter
Artikel 20.26
Internationale aftaler
Hver af parterne skal gøre enhver rimelig indsats for at overholde artikel 1-14 og 22 i 
patentlovstraktaten
, indgået den 1. juni 2000 i Genève.
Artikel 20.27
Sui generis-beskyttelse af farmaceutiske produkter
1.   Med henblik på denne artikel forstås ved:
grundpatent
: et patent, som beskytter et produkt som sådan, en fremgangsmåde til fremstilling af et produkt eller en anvendelse af et produkt, og som af indehaveren af et patent, som kan tjene som grundpatent, er udpeget som grundpatentet med henblik på tildeling af sui generis-beskyttelse og
produkt
: aktivstoffet eller en kombination af aktivstoffer i et farmaceutisk produkt.
2.   Hver af parterne skal, når følgende betingelser er opfyldt, sikre en periode med sui generis-beskyttelse af et produkt, som er beskyttet ved et gældende grundpatent, efter anmodning fra patentindehaveren eller dennes retssuccessor:
a)
der er givet tilladelse til markedsføring af produktet på denne parts marked som et farmaceutisk produkt (i denne artikel benævnt »markedsføringstilladelse«)
b)
produktet har ikke allerede været genstand for en periode med sui generis-beskyttelse, og
c)
den i litra a) omhandlede markedsføringstilladelse er den første tilladelse til at markedsføre det pågældende produkt på denne parts marked som et farmaceutisk produkt.
3.   Hver af parterne kan:
a)
kun yde en periode med sui generis-beskyttelse, hvis den første ansøgning om markedsføringstilladelse er indgivet inden for en rimelig frist som fastsat af den pågældende part, og
b)
fastsætte en frist på mindst 60 dage fra datoen for udstedelse af den første markedsføringstilladelse for indgivelse af anmodningen om en periode med sui generis-beskyttelse. Er den første markedsføringstilladelse udstedt, før patentet er meddelt, giver hver part dog en frist på mindst 60 dage fra meddelelsen af patentet, i hvilken anmodningen om en beskyttelsesperiode i henhold til denne artikel kan indgives.
4.   Når et produkt er beskyttet ved et grundpatent, har perioden med sui generis-beskyttelse virkning fra udløbet af patentets lovhjemlede gyldighedsperiode.
Når et produkt er beskyttet ved mere end et patent, der kan tjene som grundpatent, kan en part kun yde en enkelt periode med sui generis-beskyttelse, som har virkning fra udløbet af den lovhjemlede gyldighedsperiode for det grundpatent, som,
a)
når alle de patenter, der kan tjene som grundpatent, indehaves af den samme person, er udvalgt af den person, der anmoder om sui generis-beskyttelse, og
b)
når de patenter, der kan tjene som grundpatent, ikke indehaves af den samme person, og dette giver anledning til modstridende anmodninger om sui generis-beskyttelse, er udvalgt efter aftale mellem patentindehaverne.
5.   Hver af parterne skal sikre, at perioden med sui generis-beskyttelse er en periode svarende til den periode, der er forløbet mellem datoen for indgivelse af ansøgningen om grundpatent og datoen for meddelelsen af den første markedsføringstilladelse, minus fem år.
6.   Uanset stk. 5, og uden at dette berører en parts eventuelle forlængelse af perioden med sui generis-beskyttelse som et incitament eller en belønning for forskning inden for bestemte målgrupper, såsom børn, må varigheden af sui generis-beskyttelsen ikke overstige en periode på to til fem år, som fastsættes af hver af parterne.
7.   Hver af parterne kan bestemme, at perioden med sui generis-beskyttelse ophører:
a)
hvis modtageren giver afkald på sui generis-beskyttelsen, eller
b)
hvis de foreskrevne administrative gebyrer ikke betales.
Hver af parterne kan forkorte perioden med sui generis-beskyttelse svarende til enhver uberettiget forsinkelse på grund af ansøgerens passivitet efter ansøgningen om markedsføringstilladelse, når indehaveren af grundpatentet er den, der ansøger om markedsføringstilladelse, eller en virksomhed, der er knyttet hertil.
8.   Sui generis-beskyttelsen kan inden for rammerne af den beskyttelse, der er opnået ved grundpatentet, kun udvides til også at omfatte det farmaceutiske produkt, der er omfattet af markedsføringstilladelsen, og enhver anvendelse af produktet som et farmaceutisk produkt, der er givet tilladelse til inden udløbet af sui generis-beskyttelsen. Med forbehold af det foregående punktum giver sui generis-beskyttelsen de samme rettigheder som dem, der knytter sig til patentet, og er underlagt samme begrænsninger og forpligtelser.
9.   Uanset stk. 1-8 kan hver af parterne ligeledes begrænse beskyttelsens omfang ved at indrømme undtagelser i forbindelse med fremstilling, anvendelse, udbud, salg eller import af produkter med henblik på eksport i beskyttelsesperioden.
10.   Hver af parterne kan tilbagekalde en sui generis-beskyttelse under henvisning til grundpatentets ugyldighed, herunder hvis dette patent er bortfaldet, inden dets lovhjemlede periode udløber, eller hvis det tilbagekaldes eller begrænses på en sådan måde, at det produkt, for hvilket beskyttelsen blev givet, ikke længere er omfattet af grundpatentets krav, eller under henvisning til tilbagekaldelsen af markedsføringstilladelsen eller tilladelserne for det pågældende marked, eller hvis beskyttelsen blev indrømmet i strid med bestemmelserne i stk. 2.
Artikel 20.28
Patentkoblingsmekanismer vedrørende farmaceutiske produkter
Anvender en part »patentkoblingsmekanismer«, hvorved tildelingen af markedsføringstilladelser (eller bekendtgørelser om overensstemmelse eller lignende) for generiske farmaceutiske produkter er knyttet til en eksisterende patentbeskyttelse, skal den sikre, at alle parter i sagen har adgang til en lige og effektiv klageadgang.
Underafdeling F
Databeskyttelse
Artikel 20.29
Beskyttelse af ikke offentliggjorte oplysninger vedrørende farmaceutiske produkter
1.   Kræver en part som betingelse for at tillade markedsføringen af farmaceutiske produkter, der baseres på nye kemiske enheder 
(
30
)
 (i denne artikel herefter benævnt »tilladelse«), at få forelagt ikke offentliggjort testmateriale eller andre oplysninger, der er nødvendige for at vurdere, om anvendelsen af disse produkter er sikker og effektiv, skal parten beskytte sådanne oplysninger mod videregivelse, hvis frembringelsen af oplysningerne kræver en betydelig indsats, medmindre videregivelsen er nødvendig for at beskytte offentligheden, eller medmindre der tages skridt til at sikre oplysningerne mod illoyal kommerciel udnyttelse.
2.   Hver af parterne skal for oplysninger, som er omfattet af stk. 1, og som er forelagt parten efter datoen for denne aftales ikrafttræden, sikre, at:
a)
ingen andre personer end den person, der har fremlagt oplysningerne, uden sidstnævntes tilladelse kan anvende dem til støtte for en ansøgning om tilladelse i en periode på mindst seks år fra den dato, hvor den pågældende part har meddelt tilladelse til den person, der fremlagde oplysningerne med henblik på tilladelse, og
b)
en part ikke udsteder tilladelse til en person, der påberåber sig sådanne oplysninger, i en periode på mindst otte år fra den dato, hvor denne part udstedte tilladelse til den person, der fremlagde oplysningerne med henblik på tilladelse, medmindre den person, der har udarbejdet disse oplysninger, giver tilladelse.
Der er med forbehold af nærværende stykke ikke nogen begrænsning for nogen af parterne med hensyn til at indføre forenklede godkendelsesprocedurer for sådanne produkter på grundlag af bioækvivalens- og biotilgængelighedsundersøgelser.
Artikel 20.30
Databeskyttelse i forbindelse med plantebeskyttelsesmidler
1.   Hver af parterne skal fastlægge krav til sikkerhed og effektivitet, inden de tillader markedsføring af et plantebeskyttelsesmiddel (i denne artikel herefter benævnt »tilladelse«).
2.   Hver af parterne skal sikre en begrænset databeskyttelsesperiode for en forsøgs- eller undersøgelsesrapport, der forelægges første gang med henblik på at opnå tilladelse. Hver af parterne skal i denne periode sikre, at forsøgs- eller undersøgelsesrapporten ikke anvendes til gavn for andre personer, der ønsker at opnå tilladelse, medmindre det kan dokumenteres, at den første indehaver af tilladelsen har givet sit udtrykkelige samtykke.
3.   Forsøgs- eller undersøgelsesrapporten bør være nødvendig for tilladelsen eller for en ændring af en tilladelse med henblik på at tillade anvendelse på andre afgrøder.
4.   I hver part skal databeskyttelsesperioden være mindst ti år at regne fra datoen for den første tilladelse i den pågældende part for så vidt angår den forsøgs- eller undersøgelsesrapport, der er indgivet til støtte for tilladelsen vedrørende et nyt aktivstof og oplysninger til støtte for den samtidige registrering af slutproduktet indeholdende aktivstoffet. Beskyttelsens varighed kan forlænges med henblik på at fremme tilladelse til lavrisikoplantebeskyttelsesmidler og anvendelser af mindre betydning.
5.   Hver af parterne kan ligeledes fastlægge krav til databeskyttelse eller økonomisk kompensation for den pågældende forsøgs- eller undersøgelsesrapport, der er indgivet til støtte for en ændring eller fornyelse af en tilladelse.
6.   Hver af parterne fastsætter regler, der forebygger gentagne forsøg med hvirveldyr. Enhver ansøger, der har til hensigt at udføre forsøg og undersøgelser, som involverer hvirveldyr, bør opfordres til at træffe de nødvendige foranstaltninger for at undersøge, om de pågældende forsøg og undersøgelser ikke allerede er foretaget eller påbegyndt.
7.   Hver af parterne skal opfordre hver ny ansøger og hver indehaver af de relevante tilladelser til at gøre deres yderste for at sikre, at de deler forsøg og undersøgelser, som involverer hvirveldyr. Udgifterne til deling af sådanne forsøgs- og undersøgelsesrapporter fastsættes på en retfærdig, gennemsigtig og ikke-diskriminerende måde. En ansøger har kun pligt til at deltage i udgifterne til de oplysninger, som vedkommende skal fremlægge for at opfylde betingelserne for tilladelse.
8.   Indehaveren eller indehaverne af den relevante tilladelse har ret til kompensation for en rimelig andel af de omkostninger, som de har afholdt for den pågældende forsøgs- eller undersøgelsesrapport, der er indgivet til støtte for en sådan tilladelse fra en ansøger, der baserer sin ansøgning på sådanne forsøgs- og undersøgelsesrapporter for at opnå tilladelse til et nyt plantebeskyttelsesmiddel. Hver af parterne kan foreskrive, at de involverede parter skal bilægge en tvist ved formel og bindende voldgift, som behandles i henhold til partens lovgivning.
Underafdeling G
Plantesorter
Artikel 20.31
Plantesorter
Hver af parterne skal samarbejde for at fremme og styrke beskyttelsen af plantesorter på grundlag af 1991-akten til 
den internationale konvention om beskyttelse af plantenyheder
, indgået den 2. december 1961 i Paris.
Afdeling C
Håndhævelse af intellektuelle ejendomsrettigheder
Artikel 20.32
Generelle forpligtelser
1.   Hver af parterne skal sikre, at procedurerne for håndhævelse af intellektuelle ejendomsrettigheder er rimelige og retfærdige, og at de ikke er unødigt komplicerede eller udgiftskrævende og ej heller indebærer urimelige frister eller medfører ugrundede forsinkelser. Disse procedurer skal anvendes på en sådan måde, at der ikke opstår hindringer for den lovlige samhandel, og at der er fastsat værn mod, at de misbruges.
2.   Hver part skal ved gennemførelsen af bestemmelserne i denne afdeling tage hensyn til, at der skal være et rimeligt forhold mellem krænkelsens omfang, tredjeparters interesser og foranstaltninger, retsmidler og sanktioner, som finder anvendelse.
3.   Artikel 20.33-20.42 vedrører civilretlig håndhævelse.
4.   Med henblik på artikel 20.3320.42, forstås der, medmindre andet er bestemt, ved 
intellektuelle ejendomsrettigheder
 alle kategorier af intellektuelle ejendomsrettigheder, der er omfattet af TRIPS-aftalens del II, afdeling 1-7.
Artikel 20.33
Berettigede ansøgere
Hver af parterne skal give adgang til at anmode om anvendelse af de i artikel 20.34-20.42 omhandlede procedurer og retsmidler til:
a)
indehavere af intellektuelle ejendomsrettigheder i overensstemmelse med bestemmelserne i partens lovgivning
b)
alle andre personer, der har tilladelse til at gøre brug af disse rettigheder, hvis disse personer har ret til at søge oprejsning i henhold til partens lovgivning
c)
organer til kollektiv forvaltning af intellektuelle ejendomsrettigheder, der i almindelighed er anerkendt som berettigede til at repræsentere indehavere af intellektuelle ejendomsrettigheder, hvis disse organer er berettigede til at søge oprejsning i henhold til partens lovgivning, og
d)
faglige interesseorganisationer, der i almindelighed er anerkendt som berettigede til at repræsentere indehavere af intellektuelle ejendomsrettigheder, hvis disse organisationer er berettigede til at søge oprejsning i henhold til partens lovgivning.
Artikel 20.34
Bevismateriale
Hver af parterne skal sikre, at de kompetente judicielle myndigheder i tilfælde af en påstået krænkelse af en intellektuel ejendomsrettighed i kommerciel målestok, når det er hensigtsmæssigt, på begæring kan kræve fremlæggelse af de relevante oplysninger i henhold til intern lovgivning, herunder bankoplysninger samt finansielle og kommercielle oplysninger, som modparten har kontrol over, med forbehold af beskyttelsen af fortrolige oplysninger.
Artikel 20.35
Foranstaltninger til sikring af bevismateriale
1.   Hver af parterne skal sikre, at de judicielle myndigheder, allerede inden realitetsbehandlingen af en sag påbegyndes, på begæring af en enhed, der har fremlagt det bevismateriale, som med rimelighed er tilgængeligt, til støtte for sin påstand om, at enhedens intellektuelle ejendomsret er blevet krænket eller vil blive krænket, kan træffe afgørelse om, at der omgående skal iværksættes effektive foreløbige foranstaltninger med henblik på at sikre det relevante bevismateriale vedrørende den påståede krænkelse, med forbehold af beskyttelsen af fortrolige oplysninger.
2.   Hver part kan fastsætte, at foranstaltningerne omhandlet i stk. 1 skal omfatte en udførlig beskrivelse af de påstået krænkende varer med eller uden udtagning af prøver eller en fysisk beslaglæggelse af disse og, når det er hensigtsmæssigt, af de materialer og redskaber, der har været anvendt ved fremstilling eller distribution af disse varer, og af de hertil hørende dokumenter. De judicielle myndigheder skal have beføjelse til at træffe disse foranstaltninger, om nødvendigt uden at modparten høres, navnlig hvis en forsinkelse vil kunne påføre rettighedshaveren uoprettelig skade, eller hvor der foreligger en påviselig risiko for bevismaterialets tilintetgørelse.
Artikel 20.36
Ret til oplysninger
Hver af parterne skal med forbehold af deres lovgivning om særlige rettigheder, beskyttelse af fortrolige informationskilder eller behandling af personoplysninger sikre, at deres judicielle myndigheder i forbindelse med civile søgsmål vedrørende håndhævelse af intellektuelle ejendomsrettigheder har beføjelse til på begrundet anmodning fra rettighedshaveren at påbyde rettighedskrænkeren eller den påståede rettighedskrænker at give rettighedshaveren eller de judicielle myndigheder, i det mindste med henblik på indsamling af bevismateriale, relevante oplysninger som foreskrevet i partens relevante love og forskrifter, som rettighedskrænkeren eller den påståede rettighedskrænker ligger inde med eller kontrollerer. Sådanne oplysninger kan omfatte oplysninger vedrørende enhver person, som på nogen måde er involveret i en krænkelse eller påstået krænkelse, og vedrørende produktionsmidler eller distributionskanaler for de varer eller tjenesteydelser, der udgør en krænkelse eller påstås at udgøre en krænkelse, herunder identifikation af tredjeparter, der påstås at være involveret i produktion og distribution af sådanne varer og tjenesteydelser, og af deres distributionskanaler.
Artikel 20.37
Foreløbige og retsbevarende foranstaltninger
1.   Hver af parterne skal sikre, at deres judicielle myndigheder har beføjelse til at træffe omgående og effektive foreløbige og retsbevarende foranstaltninger, herunder foreløbige påbud, mod en part eller, hvis det er relevant, mod en tredjepart, over for hvilken den pågældende judicielle myndighed har jurisdiktion, for at forhindre krænkelse af en intellektuel ejendomsrettighed og i særdeleshed for at forhindre, at rettighedskrænkende varer bringes i handelen.
2.   Hver af parterne skal sikre, at deres judicielle myndigheder har beføjelse til at kræve beslaglæggelse eller anden form for opbevaring af varer, der mistænkes for at krænke en intellektuel ejendomsrettighed, for derved at forhindre, at de bringes i handelen eller omsættes.
3.   Hver af parterne skal sikre, at deres judicielle myndigheder i tilfælde af en påstået krænkelse af en intellektuel ejendomsrettighed i kommerciel målestok kan kræve arrest i den påståede rettighedskrænkers ejendom, herunder indefrysning af vedkommendes bankkonti og andre aktiver, i overensstemmelse med partens lovgivning. Med henblik herpå kan de judicielle myndigheder alt efter omstændighederne kræve fremlæggelse af dokumenter med bankoplysninger samt finansielle og kommercielle oplysninger eller adgang til andre relevante oplysninger.
Artikel 20.38
Andre retsmidler
1.   Hver af parterne skal sikre, at de judicielle myndigheder på begæring af rekvirenten, og uden at det berører den eventuelle erstatning, der skal udredes til rettighedshaveren som følge af krænkelsen, og uden nogen form for kompensation kan kræve, at varer, som de har fastslået krænker en intellektuel ejendomsrettighed, tilbagekaldes eller fjernes fra handelen eller tilintetgøres. Hver af parterne skal sikre, at de judicielle myndigheder i givet fald kan kræve tilintetgørelse af de materialer og redskaber, der primært har været anvendt til at skabe eller fremstille de pågældende varer. Der skal ved behandlingen af en begæring om sådanne retsmidler tages hensyn til, at der skal være et rimeligt forhold mellem krænkelsens omfang og de beordrede retsmidler, samt til tredjemands interesser.
2.   Hver af parterne skal sikre, at de judicielle myndigheder har beføjelse til at beordre de i stk. 1 omhandlede retsmidler gennemført for rettighedskrænkerens regning, medmindre særlige grunde taler herimod.
Artikel 20.39
Påbud
1.   Hver af parterne skal sikre, at de judicielle myndigheder i forbindelse med civile søgsmål vedrørende håndhævelse af intellektuelle ejendomsrettigheder har beføjelse til at udstede et påbud, hvorved en part forbydes at begå en krænkelse, og bl.a. pålægge parten eller i givet fald en tredjepart, over hvilken den pågældende judicielle myndighed har jurisdiktion, at forhindre, at rettighedskrænkende varer bliver bragt i handelen.
2.   Uanset de øvrige bestemmelser i denne afdeling kan en part begrænse de retsmidler, der er tilgængelige over for regeringers anvendelse, eller tredjeparters anvendelse med en regerings tilladelse, men uden rettighedshaverens samtykke, til betalingen af et vederlag, forudsat at parten overholder de bestemmelser i TRIPS-aftalens del II, som specifikt omhandler en sådan anvendelse. I andre tilfælde finder retsmidlerne i denne afdeling anvendelse, medens der, hvis disse retsmidler er uforenelige med en parts lovgivning, skal være mulighed for deklaratoriske domme og passende kompensation.
Artikel 20.40
Erstatning
1.   Hver af parterne skal sikre:
a)
at deres judicielle myndigheder i forbindelse med civile søgsmål har beføjelse til at pålægge en rettighedskrænker, der bevidst eller med rimelig grund til at være bekendt hermed, har deltaget i aktiviteter, der udgør en krænkelse af intellektuelle ejendomsrettigheder, at betale rettighedsindehaveren:
i)
en passende erstatning for den skade, som rettighedshaveren har lidt som følge af krænkelsen, eller
ii)
rettighedskrænkerens fortjeneste, som kan tilskrives krænkelsen, hvilket kan formodes at være det i nr. i) omhandlede erstatningsbeløb, og
b)
at deres judicielle myndigheder ved fastsættelsen af erstatningens størrelse ved en krænkelse af intellektuelle ejendomsrettigheder bl.a. kan tage ethvert berettiget krav om skadeserstatning, der indgives af rettighedshaveren, i betragtning, herunder tabt fortjeneste.
2.   Som alternativ til stk. 1 kan en parts lovgivning indeholde bestemmelser om betaling af et vederlag, såsom en royalty eller et gebyr, for at kompensere rettighedshaveren for uautoriseret anvendelse af rettighedsindehaverens intellektuelle ejendom.
Artikel 20.41
Sagsomkostninger
Hver af parterne skal sikre, at deres judicielle myndigheder, hvor det er relevant, har beføjelse til ved afslutningen af civile søgsmål vedrørende håndhævelse af intellektuelle ejendomsrettigheder at pålægge den tabende part at betale den vindende parts sagsomkostninger og andre udgifter i henhold til partens lovgivning.
Artikel 20.42
Formodning om ophavs- eller ejendomsret
1.   Det er i forbindelse med civile søgsmål vedrørende ophavsrettigheder eller beslægtede rettigheder tilstrækkeligt, at navnet på ophavsmanden til et litterært eller kunstnerisk værk er anført på værket på sædvanlig måde, for at denne betragtes som ophavsmand og dermed er berettiget til at anlægge sag om krænkelse, medmindre det modsatte bevises. Bevis for det modsatte kan omfatte registrering.
2.   Stk. 1 finder tilsvarende anvendelse på indehavere af ophavsretsbeslægtede rettigheder for så vidt angår den ved sådanne rettigheder beskyttede genstand.
Afdeling D
Grænseforanstaltninger
Artikel 20.43
Grænseforanstaltningernes omfang
1.   I denne afdeling forstås ved:
varer med forfalsket geografisk betegnelse
: varer under artikel 20.17 henhørende under en af de produktklasser, der er anført i bilag 20-C, herunder emballage, hvorpå der uden tilladelse er anført en geografisk betegnelse, som er identisk med en geografisk betegnelse, som på gyldig vis er registreret eller på anden måde beskyttet for sådanne varer, og som krænker de rettigheder, som ejeren eller rettighedshaveren har til den pågældende geografiske betegnelse i henhold til lovgivningen i den part, hvor grænseforanstaltningerne anvendes
varemærkeforfalskede varer
: varer, herunder emballage, hvorpå der uden tilladelse er anført et varemærke, som er identisk med, eller som i sine væsentlige aspekter ikke kan skelnes fra, et gyldigt registreret varemærke for sådanne varer, og som krænker den pågældende varemærkeindehavers rettigheder i henhold til lovgivningen i den part, hvor grænseforanstaltningerne anvendes
eksportforsendelser
: forsendelser af varer, som skal bringes fra den ene parts territorium til et sted uden for dette territorium, undtagen forsendelser i forbindelse med toldtransit og omladninger
importforsendelser
: forsendelser af varer, der indføres til en parts territorium fra et sted uden for dette territorium, mens varerne forbliver under toldtilsyn, herunder varer, der føres ind på territoriet til en frizone eller toldoplag, undtagen forsendelser i forbindelse med toldtransit og omladninger
piratkopierede varer
: varer, som er kopier, der er fremstillet, uden at rettighedsindehaveren eller en af rettighedsindehaveren behørigt bemyndiget person i fremstillingslandet har givet sit samtykke, og som direkte eller indirekte er fremstillet på grundlag af en artikel, dersom fremstillingen af den pågældende kopi ville have krænket en ophavsret eller en dermed beslægtet rettighed ifølge lovgivningen i den part, hvor grænseforanstaltningerne anvendes
forsendelser i toldtransit
: forsendelser af varer, som indføres til en parts territorium fra et sted uden for dette territorium, og som er godkendt af toldmyndighederne til transport under konstant toldtilsyn fra et indgangstoldsted til et udgangstoldsted med henblik på at forlade territoriet. Forsendelser i toldtransit, som efterfølgende godkendes til fjernelse fra toldtilsyn uden at forlade det pågældende territorium, anses for at være importforsendelser, og
omladninger
: forsendelser af varer, der overføres under toldtilsyn fra det importerende transportmiddel til det eksporterende transportmiddel inden for et toldkontors område, som er kontor for både import og eksport.
2.   Ved en krænkelse af intellektuelle ejendomsrettigheder i denne afdeling forstås varemærkeforfalskede varer, piratkopierede varer eller varer med forfalsket geografisk betegnelse.
3.   Parterne er enige om, at der ikke er nogen pligt til at anvende de i denne afdeling omhandlede procedurer på varer, der bringes i omsætning på et andet lands marked af rettighedshaveren eller med dennes samtykke.
4.   Hver af parterne skal indføre eller opretholde procedurer for så vidt angår import- og eksportforsendelser, som giver rettighedsindehaveren mulighed for at anmode deres kompetente myndigheder om at suspendere frigivelsen af eller tilbageholde varer, der mistænkes for at krænke en intellektuel ejendomsrettighed.
5.   Hver af parterne skal indføre eller opretholde procedurer for så vidt angår import- og eksportforsendelser, i henhold til hvilke de kompetente myndigheder kan handle på eget initiativ for midlertidigt at suspendere frigivelsen af eller tilbageholde varer, der mistænkes for at krænke en intellektuel ejendomsrettighed, for således at give rettighedshavere mulighed for formelt at anmode om bistand i henhold til stk. 4.
6.   Hver af parterne kan indgå en aftale med et eller flere tredjelande med henblik på at etablere fælles sikkerhedsmæssige toldbehandlingsprocedurer. Varer, der toldbehandles i henhold til vilkårene for de fælles toldbehandlingsprocedurer i en sådan aftale, anses for at være i overensstemmelse med stk. 4 og 5, forudsat at den pågældende part bevarer det retlige grundlag for at efterkomme de nævnte stykker.
7.   Hver af parterne kan indføre eller opretholde de i stk. 4 og 5 omhandlede procedurer for så vidt angår omladning og forsendelser i toldtransit.
8.   Hver af parterne kan undlade at anvende denne artikel på små mængder af varer af ikke-kommerciel karakter, som transporteres i de rejsendes personlige bagage, eller små mængder af varer af ikke ikke-kommerciel karakter, der sendes i små forsendelser.
Artikel 20.44
Ansøgning fra rettighedshaveren
1.   Hver af parterne skal sikre, at deres kompetente myndigheder kræver, at en rettighedshaver, der anmoder om indledning af de i artikel 20.43 beskrevne procedurer, fremlægger passende bevismateriale, der over for de kompetente myndigheder godtgør, at der i henhold til lovgivningen hos den part, hvis procedurer finder anvendelse, umiddelbart foreligger en krænkelse af rettighedshaverens intellektuelle ejendomsret, og fremlægger de tilstrækkelige oplysninger, som man med rimelighed kan forlange, at rettighedshaveren er i besiddelse af, til at gøre de mistænkelige varer rimeligt genkendelige for de kompetente myndigheder. Kravet om at fremlægge tilstrækkelige oplysninger må ikke i urimeligt omfang afskrække ansøgere fra at anmode om indledning af de i artikel 20.43 omhandlede procedurer.
2.   Hver af parterne skal sikre, at der kan indgives ansøgninger om at suspendere frigivelsen af eller tilbageholde varer, der mistænkes for at krænke en intellektuel ejendomsrettighed som anført i artikel 20.43, under toldtilsyn på deres territorium. Kravet om at give adgang til sådanne ansøgninger er underlagt forpligtelserne til at sikre de i artikel 20.43.4 og 20.43.5 omhandlede procedurer. De kompetente myndigheder kan bestemme, at sådanne ansøgninger gælder for flere forsendelser. Hver af parterne kan bestemme, at ansøgningen om at suspendere frigivelsen af mistænkelige varer eller at tilbageholde dem, på anmodning fra rettighedshaveren kan finde anvendelse på udvalgte indgangs- og udgangssteder under toldtilsyn.
3.   Hver af parterne skal sikre, at deres kompetente myndigheder inden for en rimelig frist meddeler ansøgeren, om de har godtaget ansøgningen. Har de kompetente myndigheder godtaget ansøgningen, skal de også meddele ansøgeren ansøgningens gyldighedsperiode.
4.   Hver af parterne kan bestemme, at deres kompetente myndigheder har beføjelse til at afvise, suspendere eller annullere en ansøgning, når ansøgeren har misbrugt de procedurer, som er beskrevet i artikel 20.43, eller når der er behørig grund hertil.
Artikel 20.45
Rettighedshaverens tilvejebringelse af oplysninger
Hver af parterne skal tillade deres kompetente myndigheder at anmode en rettighedshaver om at afgive relevante oplysninger, som med rimelighed kan forventes at være i rettighedsindehaverens besiddelse, for at hjælpe de kompetente myndigheder med at iværksætte de i denne afdeling omhandlede grænseforanstaltninger. Hver af parterne kan også tillade en rettighedshaver at afgive sådanne relevante oplysninger til deres kompetente myndigheder.
Artikel 20.46
Sikkerhed eller tilsvarende garanti
1.   Hver af parterne skal sikre, at deres kompetente myndigheder har beføjelse til at kræve, at en rettighedshaver, der anmoder om indledning af de i artikel 20.43 beskrevne procedurer, skal stille rimelig sikkerhed eller tilsvarende garanti, der er tilstrækkelig til at beskytte sagsøgte og de kompetente myndigheder og forebygge misbrug. Hver af parterne skal sikre, at denne sikkerhed eller tilsvarende garanti ikke i urimeligt omfang afskrækker ansøgere fra at anmode om indledning af disse procedurer.
2.   Hver af parterne kan bestemme, at en sådan sikkerhed kan stilles i form af en kaution med det formål at holde sagsøgte skadesløs for enhver form for tab eller skade som følge af suspension af frigivelsen eller tilbageholdelse af varer, hvis de kompetente myndigheder efterfølgende konstaterer, at varerne ikke udgør en krænkelse. En part kan kun i ekstraordinære tilfælde eller i henhold til en retlig afgørelse tillade sagsøgte at tage mistænkelige varer i besiddelse ved at stille kaution eller anden form for sikkerhed.
Artikel 20.47
Konstatering af krænkelse
Hver af parterne skal indføre eller opretholde procedurer, hvorved deres kompetente myndigheder inden for en rimelig frist efter indledningen af de i artikel 20.43 beskrevne procedurer kan fastslå, om de mistænkelige varer krænker en intellektuel ejendomsret.
Artikel 20.48
Retsmidler
1.   Hver af parterne skal sikre, at deres kompetente myndigheder har beføjelse til at kræve varer tilintetgjort som følge af den i artikel 20.47 omhandlede konstatering af, at varerne udgør en krænkelse. I tilfælde, hvor sådanne varer ikke tilintetgøres, skal hver af parterne sikre, at sådanne varer undtagen i ekstraordinære tilfælde afhændes uden at blive bragt i handelen, således at rettighedshaveren ikke skades.
2.   For så vidt angår varemærkeforfalskede varer er den blotte fjernelse af det ulovligt påsatte varemærke ikke tilstrækkelig til at begrunde varernes frigivelse til omsætning i handelen, undtagen i ekstraordinære tilfælde.
3.   Hver af parterne kan bestemme, at deres kompetente myndigheder har beføjelse til at pålægge administrative sanktioner som følge af den i artikel 20.47 omhandlede konstatering af, at varerne udgør en krænkelse.
Artikel 20.49
Konkret samarbejde om grænseforanstaltninger
1.   Parterne er enige om at samarbejde med henblik på at eliminere al international handel med varer, der udgør en krænkelse af intellektuelle ejendomsrettigheder. Hver af parterne skal til dette formål oprette kontaktpunkter i deres offentlige forvaltning og være rede til at udveksle oplysninger om handel med varer, der udgør en krænkelse. Hver part skal navnlig fremme udvekslingen af oplysninger og samarbejdet mellem deres toldmyndigheder og den anden parts toldmyndigheder for så vidt angår handel med varer, der krænker intellektuelle ejendomsrettigheder.
2.   Det i stk. 1 omhandlede samarbejde kan omfatte udveksling af oplysninger om mekanismer til modtagelse af oplysninger fra rettighedshavere, bedste praksis og erfaringer med risikostyringsstrategier samt oplysninger til hjælp ved udpegning af forsendelser, som mistænkes for at indeholde rettighedskrænkende varer.
3.   Samarbejdet i henhold til denne afdeling skal foregå i overensstemmelse med relevante internationale aftaler, der er bindende for begge parter. Det Blandede Toldsamarbejdsudvalg, der er omhandlet i artikel 6.14 (Det Blandede Toldsamarbejdsudvalg), fastsætter prioriteterne og sikrer, at der er adgang til passende procedurer for samarbejde i henhold til denne afdeling mellem parternes kompetente myndigheder.
Afdeling E
Samarbejde
Artikel 20.50
Samarbejde
1.   Parterne er enige om at samarbejde med henblik på at støtte gennemførelsen af de tilsagn og forpligtelser, som de har påtaget sig i henhold til dette kapitel. Samarbejdet skal omfatte udveksling af oplysninger eller erfaringer på følgende områder:
a)
beskyttelse og håndhævelse af intellektuelle ejendomsrettigheder, herunder geografiske betegnelser, og
b)
etablering af ordninger mellem parternes respektive rettighedshaverorganisationer.
2.   Parterne er i henhold til stk. 1 enige om hver især at oprette og opretholde en effektiv dialog om intellektuel ejendomsret til drøftelse af spørgsmål, som er relevante for beskyttelse og håndhævelse af intellektuelle ejendomsrettigheder omfattet af dette kapitel, samt andre relevante spørgsmål.
KAPITEL ENOGTYVE
Reguleringssamarbejde
Artikel 21.1
Anvendelsesområde
Dette kapitel finder anvendelse på udarbejdelse og gennemgang af samt metoder for de reguleringsforanstaltninger, der træffes af parternes reguleringsmyndigheder, og som er omfattet af bl.a. TBT-aftalen, SPS-aftalen, GATT 1994, GATS og kapitel fire (tekniske handelshindringer), fem (sundheds- og plantesundhedsforanstaltninger), ni (grænseoverskridende handel med tjenesteydelser), toogtyve (handel og bæredygtig udvikling), treogtyve (handel og arbejdsmarked) og fireogtyve (handel og miljø).
Artikel 21.2
Principper
1.   Parterne bekræfter på ny deres rettigheder og forpligtelser med hensyn til reguleringsforanstaltninger under TBT-aftalen, SPS-aftalen, GATT 1994 og GATS.
2.   Parterne er besluttet på at sikre et højt beskyttelsesniveau for menneskers, dyrs og planters liv og sundhed og for miljøet i overensstemmelse med TBT-aftalen, SPS-aftalen, GATT 1994, GATS og nærværende aftale.
3.   Parterne anerkender værdien af reguleringssamarbejde med deres relevante handelspartnere, både bilateralt og multilateralt. Parterne griber, når det er praktisk muligt og gensidigt fordelagtigt, reguleringssamarbejdet således an, at det er åbent for andre internationale handelspartneres deltagelse.
4.   Uden at det begrænser parternes mulighed for at udføre egne reguleringsmæssige, lovgivningsmæssige og politiske aktiviteter, er parterne besluttet på yderligere at udvikle reguleringssamarbejdet på baggrund af deres gensidige interesse med henblik på at:
a)
forebygge og eliminere unødvendige hindringer for handel og investering
b)
forbedre rammerne for konkurrenceevne og innovation, herunder ved at søge at opnå reguleringsmæssig kompatibilitet, anerkendelse af ækvivalens og konvergens, og
c)
fremme gennemsigtige, velfungerende og effektive reguleringsprocesser, der understøtter samfundspolitiske mål og opfylder tilsynsmyndighedernes mandat, herunder gennem fremme af udveksling af oplysninger og øget anvendelse af bedste praksis.
5.   Dette kapitel erstatter rammeaftalen om reguleringssamarbejde og gennemsigtighed mellem Canadas regering og Europa-Kommissionen, indgået den 21. december 2004 i Bruxelles, og regulerer de aktiviteter, som tidligere blev varetaget inden for denne ramme.
6.   Parterne kan iværksætte reguleringsmæssige samarbejdsaktiviteter på frivillig basis. Det præciseres, at en part ikke er forpligtet til at indlade sig på nogen bestemt reguleringsmæssig samarbejdsaktivitet, og at en part kan nægte at samarbejde eller eventuelt trække sig ud af samarbejdet. Nægter en part at indlede reguleringssamarbejde, eller trækker en part sig ud af samarbejdet, bør parten dog være rede til at redegøre for grundene til sin beslutning over for den anden part.
Artikel 21.3
Formålene med reguleringssamarbejdet
Formålene med reguleringssamarbejdet omfatter:
a)
at bidrage til beskyttelsen af menneskers liv, sundhed eller sikkerhed, beskyttelse af dyre- eller planteliv eller -sundhed samt miljøet ved:
i)
at mobilisere internationale ressourcer inden for områder som forskning, markedsanalyse inden markedsføring og risikoanalyse for at finde løsninger på vigtige lokale, nationale og internationale reguleringsspørgsmål, og
ii)
at bidrage til det informationsgrundlag, som reguleringsmyndighederne anvender til at identificere, vurdere og styre risici
b)
at opbygge tillid, uddybe den gensidige forståelse af reguleringsmæssig styring og drage fordel af hinandens ekspertise og perspektiver med henblik på:
i)
at forbedre planlægningen og udviklingen af reguleringsforslag
ii)
at fremme gennemsigtighed og forudsigelighed i udviklingen og etableringen af reguleringsforanstaltninger
iii)
at fremme forskrifternes effektivitet
iv)
at identificere alternative instrumenter
v)
at identificere forskrifternes virkninger
vi)
at undgå unødvendige reguleringsforskelle, og
vii)
at forbedre gennemførelsen og håndhævelsen af reguleringsforanstaltninger
c)
at fremme den bilaterale handel og de bilaterale investeringer på en måde, der:
i)
bygger videre på eksisterende samarbejdsordninger
ii)
reducerer unødvendige reguleringsforskelle, og
iii)
identificerer nye arbejdsmetoder for samarbejdet i bestemte sektorer, eller
d)
at bidrage til at forbedre industriens konkurrenceevne og effektivitet på en måde, der:
i)
så vidt muligt minimerer administrative omkostninger
ii)
så vidt muligt reducerer overlappende reguleringskrav og dermed forbundne overholdelsesomkostninger, og
iii)
viderefører kompatible reguleringsmetoder, herunder, hvis det er muligt og relevant, gennem
A)
anvendelse af teknologineutrale reguleringsmetoder, og
B)
anerkendelse af ækvivalens eller fremme af konvergens.
Artikel 21.4
Reguleringsmæssige samarbejdsaktiviteter
Parterne bestræber sig på at opfylde de formål, der er fastsat i artikel 21.3, ved at foretage reguleringsmæssige samarbejdsaktiviteter, som kan omfatte:
a)
deltagelse i løbende bilaterale drøftelser om reguleringsmæssig styring, herunder for at:
i)
drøfte reguleringsmæssige reformer og konsekvenserne heraf for parternes indbyrdes forhold
ii)
identificere relevante erfaringer
iii)
undersøge eventuelle alternative reguleringsmetoder, og
iv)
udveksle erfaringer med reguleringsmæssige redskaber og instrumenter, herunder konsekvensvurdering, risikovurdering og strategier for overholdelse og håndhævelse
b)
indbyrdes konsultation i nødvendigt omfang og udveksling af oplysninger gennem hele den reguleringsmæssige udviklingsproces. Denne konsultation og udveksling bør starte så tidligt som muligt i processen
c)
deling af ikke-offentlige oplysninger, i det omfang disse oplysninger kan gøres tilgængelige for udenlandske regeringer i overensstemmelse med de relevante regler i den part, der leverer oplysningerne
d)
deling så tidligt som muligt af foreslåede tekniske eller sundheds- og plantesundhedsmæssige bestemmelser, som kan have en indvirkning på handelen med den anden part, således at kommentarer og forslag til ændringer kan tages i betragtning
e)
efter anmodning fra den anden part at levere en kopi af den foreslåede forskrift med forbehold af gældende lovgivning om privatlivets fred samt at give interesserede parter en rimelig frist til at fremsende deres bemærkninger skriftligt
f)
udveksling af oplysninger om planlagte reguleringsmæssige tiltag, foranstaltninger eller ændringer så tidligt som muligt for at:
i)
forstå begrundelsen for en parts reguleringsmæssige valg, herunder valg af instrument, og undersøge mulighederne for større konvergens mellem parterne med hensyn til, hvorledes forskrifternes formål og anvendelsesområde defineres. Parterne bør også se nærmere på grænsefladen mellem forskrifter, standarder og overensstemmelsesvurdering i denne sammenhæng, og
ii)
sammenligne de metoder og forudsætninger, der er anvendt til at analysere reguleringsforslag, herunder i givet fald en analyse af den tekniske eller økonomiske gennemførlighed og af fordelene i forhold til det tilsigtede mål ved eventuelle påtænkte større alternative reguleringsmæssige krav eller fremgangsmåder. Denne udveksling af oplysninger kan også omfatte strategier for overholdelse og konsekvensanalyser, herunder en sammenligning mellem den potentielle omkostningseffektivitet af reguleringsforslaget og de påtænkte større alternative reguleringsmæssige krav eller fremgangsmåder
g)
undersøgelse af mulighederne for at minimere unødvendige forskelle mellem forskrifter ved f.eks. at:
i)
foretage en sideløbende eller fælles risikovurdering og en reguleringsmæssig konsekvensanalyse, hvis det er praktisk muligt og gensidigt gavnligt
ii)
opnå en harmoniseret, ækvivalent eller kompatibel løsning, eller
iii)
overveje gensidig anerkendelse i bestemte sager
h)
samarbejde om spørgsmål, der vedrører udarbejdelse, vedtagelse, gennemførelse og opretholdelse af internationale standarder, retningslinjer og anbefalinger
i)
at undersøge, om det er hensigtsmæssigt og muligt at indsamle de samme eller lignende oplysninger om karakteren, omfanget og hyppigheden af problemer, der potentielt kan give anledning til reguleringsmæssige tiltag, når det ville gøre det hurtigere at træffe statistisk signifikante skøn vedrørende disse problemer
j)
regelmæssigt at sammenligne dataindsamlingspraksis
k)
at undersøge, om det er hensigtsmæssigt og muligt at udnytte de samme eller lignende antagelser og metoder, som den anden part anvender, til at analysere data og vurdere de underliggende problemer, der skal løses gennem regulering, med henblik på at:
i)
reducere forskelle i identificeringen af problemer, og
ii)
fremme ensartede resultater
l)
periodevis at sammenligne analytiske antagelser og metoder
m)
udveksling af oplysninger om forvaltning, gennemførelse og håndhævelse af forskrifter samt om midlerne til at opnå og måle overholdelse
n)
at udføre fælles forskningsdagsordener med henblik på at:
i)
reducere overlappende forskning
ii)
generere flere oplysninger for færre midler
iii)
indsamle de bedste oplysninger
iv)
etablere et fælles videnskabeligt grundlag, når det er hensigtsmæssigt
v)
finde løsninger på de mest presserende reguleringsmæssige problemer på en mere ensartet og resultatorienteret måde, og
vi)
minimere unødvendige forskelle i nye reguleringsforslag og mere effektivt at forbedre sundhed, sikkerhed og miljøbeskyttelse
o)
gennemførsel af opfølgningsanalyser af forskrifter eller politikker
p)
sammenligning af de metoder og forudsætninger, der anvendes i disse opfølgningsanalyser
q)
i givet fald at stille et resumé af resultaterne af disse opfølgningsanalyser til rådighed for hinanden
r)
identifikation af rette fremgangsmåde til at begrænse negative følger af allerede gældende reguleringsmæssige forskelle for bilateral handel og investeringer i sektorer, der er udpeget af en part, herunder i givet fald gennem øget konvergens, gensidig anerkendelse, minimering af anvendelsen af handels- og investeringsfordrejende reguleringsinstrumenter, og anvendelsen af internationale standarder, herunder standarder og retningslinjer vedrørende overensstemmelsesvurdering, eller
s)
udveksling af oplysninger, ekspertviden og erfaringer på dyrevelfærdsområdet for at fremme parternes samarbejde om dyrevelfærd.
Artikel 21.5
Reguleringsforanstaltningernes forenelighed
For at opnå bedre konvergens og forenelighed mellem parternes reguleringsforanstaltninger skal hver af parterne i givet fald tage hensyn til den anden parts reguleringsforanstaltninger eller -initiativer om de samme eller beslægtede spørgsmål. En part kan vedtage forskellige reguleringsforanstaltninger eller forfølge andre initiativer af årsager, der bl.a. omfatter forskellige institutionelle eller lovgivningsmæssige tilgange, omstændigheder, værdier eller prioriteringer, der er særegne for denne part.
Artikel 21.6
Forum for Reguleringssamarbejde
1.   Der oprettes et Forum for Reguleringssamarbejde (»RCF«) i henhold til artikel 26.2.1, litra h), (specialudvalg) for at fremme og styrke reguleringssamarbejde mellem parterne i overensstemmelse med dette kapitel.
2.   RCF har til opgave at:
a)
fungere som forum for drøftelse af reguleringsmæssige politikspørgsmål af gensidig interesse, som parterne bl.a. har identificeret gennem konsultationer i henhold til artikel 21.8
b)
bistå de enkelte reguleringsmyndigheder med at identificere mulige samarbejdspartnere og forsyne dem med passende værktøjer til dette formål, såsom standardformularer for fortrolighedsaftaler
c)
gennemgå igangværende eller forventede reguleringsinitiativer, som en part finder har samarbejdspotentiale. De undersøgelser, som gennemføres i samråd med reguleringsmyndigheder og -organer, bør understøtte gennemførelsen af dette kapitel og
d)
anspore til udvikling af bilaterale samarbejdsaktiviteter i overensstemmelse med artikel 21.4 og på grundlag af oplysninger, der indhentes fra reguleringsmyndigheder og -organer, gennemgå fremskridt, resultater og bedste praksis i forbindelse med reguleringsmæssige samarbejdsinitiativer i specifikke sektorer.
3.   RCF skal ledes i fællesskab af en højtstående repræsentant for Canadas regering på viceministerniveau, ækvivalent eller udpeget, og en højtstående repræsentant for Europa-Kommissionen på generaldirektørniveau, ækvivalent eller udpeget, og skal omfatte relevante embedsmænd fra hver part. Parterne kan ved fælles overenskomst invitere andre interesserede parter til at deltage i RCF's møder.
4.   RCF skal:
a)
vedtage sine egne vedtægter og procedurer og sit arbejdsprogram på sit første møde efter denne aftales ikrafttræden
b)
træde sammen senest et år efter datoen for denne aftales ikrafttræden og derefter mindst en gang om året, medmindre parterne bestemmer noget andet, og
c)
rapportere til Det Blandede CETA-udvalg om gennemførelsen af dette kapitel, hvis det er relevant.
Artikel 21.7
Yderligere samarbejde mellem parterne
1.   I henhold til artikel 21.6.2, litra c), og for at gøre det muligt at overvåge kommende reguleringsprojekter og at identificere muligheder for reguleringssamarbejde, skal parterne periodisk udveksle oplysninger om igangværende eller planlagte reguleringsprojekter inden for deres ansvarsområder. Disse oplysninger bør i givet fald omfatte nye tekniske forskrifter og ændringer af eksisterende tekniske forskrifter, som sandsynligvis vil blive foreslået eller vedtaget.
2.   Parterne kan fremme reguleringssamarbejdet gennem udveksling af embedsmænd i henhold til en nærmere specificeret ordning.
3.   Parterne bestræber sig på at samarbejde og udveksle oplysninger på frivillig basis inden for nonfoodproduktsikkerhed. Dette samarbejde eller denne udveksling af oplysninger kan navnlig vedrøre:
a)
videnskabelige, tekniske og reguleringsmæssige spørgsmål for at fremme nonfoodproduktsikkerhed
b)
nye spørgsmål af væsentlig sundheds- og sikkerhedsrelevans, der er omfattet af en parts kompetence
c)
standardiseringsrelaterede aktiviteter
d)
markedsovervågning og håndhævelsesaktiviteter
e)
risikovurderingsmetoder og produktafprøvning, og
f)
koordinerede produkttilbagekaldelser eller andre lignende aktioner.
4.   Parterne kan etablere gensidig udveksling af oplysninger om sikkerheden ved forbrugsprodukter og om de forebyggende, restriktive og korrigerende foranstaltninger, der er truffet. Navnlig kan Canada få adgang til udvalgte oplysninger fra Den Europæiske Unions RAPEX-varslingssystem, eller hvad der måtte træde i stedet herfor, for så vidt angår forbrugsprodukter som omhandlet i Europa-Parlamentets og Rådets direktiv 2001/95/EF af 3. december 2001 om produktsikkerhed i almindelighed. Den Europæiske Union kan modtage tidlig varsling om restriktive foranstaltninger og tilbagekaldelse af produkter fra Canadas system til indberetning af hændelser vedrørende forbrugsprodukter, der er kendt som RADAR, eller hvad der måtte træde i stedet herfor, for så vidt angår forbrugsprodukter som defineret i 
Canada Consumer Product Safety Act
, S.C. 2010, c. 21 og kosmetik som defineret i 
Food and Drugs Act
, R.S.C. 1985, c. F-27. Denne gensidige udveksling af oplysninger skal ske på grundlag af en ordning, som fastsætter de i stk. 5 omhandlede foranstaltninger.
5.   Parterne skal, inden de foretager den første udveksling af oplysninger i henhold til stk. 4, sikre, at Udvalget for Varehandel godkender foranstaltningerne til gennemførelse af udvekslingen. Parterne skal sikre, at de nævnte foranstaltninger præciserer, hvilken type oplysninger der skal udveksles, betingelserne for udvekslingen og anvendelsen af regler om fortrolighed og beskyttelse af personoplysninger.
6.   Udvalget for Varehandel skal godkende foranstaltningerne i henhold til stk. 5 senest et år efter datoen for denne aftales ikrafttræden, medmindre parterne beslutter at forlænge denne frist.
7.   Parterne kan ændre de i stk. 5 omhandlede foranstaltninger. Udvalget for Varehandel skal godkende enhver ændring af foranstaltningerne.
Artikel 21.8
Høring af private enheder
For at få en ikke-statslig synsvinkel vedrørende spørgsmål, der vedrørende gennemførelsen af dette kapitel, kan hver part eller parterne i givet fald foretage høring af interessenter og berørte parter, herunder repræsentanter fra den akademiske verden, tænketanke, ikke-statslige organisationer, erhvervslivet, forbrugerorganisationer og andre organisationer. Disse høringer kan foretages på en hvilken som helst måde, som den pågældende part eller parterne anser for hensigtsmæssig.
Artikel 21.9
Kontaktpunkter
1.   Kontaktpunkterne for kommunikation mellem parterne om spørgsmål, der opstår i forbindelse med dette kapitel, er:
a)
for så vidt angår Canada Technical Barriers and Regulations Division i Department of Foreign Affairs, Trade and Development, eller hvad der måtte træde i stedet herfor, og
b)
for så vidt angår Den Europæiske Union Kontoret for Internationale Anliggender under Europa-Kommissionens Generaldirektorat for det Indre Marked, Erhvervspolitik, Iværksætteri og SMV'er, eller hvad der måtte træde i stedet herfor.
2.   Hvert kontaktpunkt er i givet fald ansvarligt for høring af og koordinering med deres respektive reguleringsmyndigheder og –enheder om spørgsmål, der opstår i forbindelse med dette kapitel.
KAPITEL TOOGTYVE
Handel og bæredygtig udvikling
Artikel 22.1
Baggrund og formål
1.   Parterne henviser til Rio-erklæringen om miljø og udvikling fra 1992, Agenda 21 om miljø og udvikling fra 1992, Johannesburg-erklæringen om bæredygtig udvikling fra 2002 og planen om gennemførelse af verdenstopmødet om bæredygtig udvikling fra 2002, FN's Økonomiske og Sociale Råds ministererklæring om skabelse af et miljø på nationalt og internationalt plan, der fremmer fuld og produktiv beskæftigelse og anstændigt arbejde for alle, og dets indvirkning på en bæredygtig udvikling fra 2006 samt ILO's erklæring om social retfærdighed med henblik på en retfærdig globalisering fra 2008. Parterne anerkender, at økonomisk og social udvikling samt miljøbeskyttelse er indbyrdes afhængige og gensidigt forstærkende komponenter i en bæredygtig udvikling, og de bekræfter på ny deres engagement med hensyn til at fremme udviklingen af den internationale handel på en sådan måde, at det bidrager til målet om bæredygtig udvikling til gavn for nuværende og kommende generationer.
2.   Parterne fremhæver fordelene ved at betragte handelsrelaterede arbejdsmarkeds- og miljøspørgsmål som led i en global tilgang til handel og bæredygtig udvikling. I overensstemmelse hermed er parterne enige om, at de rettigheder og forpligtelser, der er fastsat i kapitel treogtyve (handel og arbejdsmarked) og fireogtyve (handel og miljø), skal betragtes inden for rammerne af denne aftale.
3.   I denne henseende agter parterne ved at gennemføre kapitel treogtyve (handel og arbejdsmarked) og fireogtyve (handel og miljø):
a)
at fremme bæredygtig udvikling gennem en styrket koordinering og integration af deres respektive politikker og foranstaltninger vedrørende arbejdsmarked, miljø og handel
b)
at fremme dialogen og samarbejdet mellem parterne med henblik på at udvikle deres handelsforbindelser og økonomiske forbindelser på en måde, der støtter deres respektive arbejdsmarkeds- og miljømæssige beskyttelsesforanstaltninger og -standarder, og til at forfølge deres mål inden for miljø- og arbejdstagerbeskyttelse inden for rammerne af frie, åbne og gennemsigtige handelsforbindelser
c)
at fremme håndhævelsen af deres respektive arbejdsmarkeds- og miljølovgivning og overholdelse af arbejdsmarkeds- og miljømæssige internationale aftaler
d)
at fremme en fuld udnyttelse af instrumenter, såsom konsekvensanalyse og høring af interessenter, ved regulering af spørgsmål vedrørende handel, arbejdsmarked og miljø og at opfordre virksomheder, civilsamfundsorganisationer og borgerne til at udvikle og gennemføre praksisser, der bidrager til at nå målene om bæredygtig udvikling, og
e)
at fremme offentlig høring og deltagelse i drøftelserne om spørgsmål vedrørende bæredygtig udvikling, der måtte opstå i forbindelse med denne aftale, og i udviklingen af relevante love og politikker.
Artikel 22.2
Gennemsigtighed
Parterne understreger vigtigheden af at sikre gennemsigtighed som et nødvendigt element for at fremme offentlig deltagelse og offentliggørelse af oplysninger i henhold til nærværende kapitel i overensstemmelse med bestemmelserne i nærværende kapitel og kapitel syvogtyve (gennemsigtighed) samt artikel 23.6 (oplysning og bevidstgørelse af offentligheden) og 24.7 (oplysning og bevidstgørelse af offentligheden).
Artikel 22.3
Samarbejde og fremme af handel til støtte for bæredygtig udvikling
1.   Parterne anerkender værdien af internationalt samarbejde for at nå målet om bæredygtig udvikling og af integrering på internationalt plan af økonomiske, sociale og miljømæssige udviklings- og beskyttelsesinitiativer, -aktioner og -foranstaltninger. Parterne er derfor enige om at føre dialog og høre hinanden vedrørende handelsrelaterede spørgsmål om bæredygtig udvikling af fælles interesse.
2.   Parterne bekræfter, at handel bør fremme bæredygtig udvikling. I overensstemmelse hermed bestræber hver af parterne sig på at fremme handelsmæssige og økonomiske strømninger og praksis, der bidrager til at fremme anstændigt arbejde og miljøbeskyttelse, herunder ved at:
a)
tilskynde til udvikling og anvendelse af frivillige ordninger vedrørende bæredygtig produktion af varer og tjenesteydelser, såsom ordninger for miljømærkning og fair handel
b)
fremme udviklingen og anvendelsen af frivillig bedste praksis for virksomhedernes sociale ansvar, såsom OECD's retningslinjer for multinationale virksomheder, for at styrke sammenhængen mellem økonomiske, sociale og miljømæssige formål
c)
fremme integrationen af bæredygtighedshensyn i private og offentlige forbrugsbeslutninger, og
d)
fremme udvikling, oprettelse, vedligeholdelse eller forbedring af mål og standarder for miljøpræstation.
3.   Parterne anerkender vigtigheden af at behandle specifikke spørgsmål om bæredygtig udvikling ved at vurdere de potentielle økonomiske, sociale og miljømæssige virkninger af mulige tiltag under hensyntagen til de berørte parters synspunkter. Hver af parterne forpligter sig derfor til at gennemgå, overvåge og vurdere virkningerne af denne aftales gennemførelse for bæredygtig udvikling på deres territorium med henblik på at klarlægge eventuelle behov for tiltag, der måtte opstå i forbindelse med denne aftale. Parterne kan gennemføre fælles vurderinger. Disse vurderinger udføres på en måde, der er tilpasset hver af parternes praksis og vilkår, gennem parternes respektive participatoriske processer samt de processer, der er oprettet i henhold til denne aftale.
Artikel 22.4
Institutionelle mekanismer
1.   Udvalget for Handel og Bæredygtig Udvikling, som er nedsat i medfør af artikel 26.2.1, litra g), (specialudvalg), skal bestå af højtstående repræsentanter for parterne med ansvar for de områder, der er omfattet af nærværende kapitel og kapitel treogtyve (handel og arbejdsmarked) og fireogtyve (handel og miljø). Udvalget for Handel og Bæredygtig Udvikling skal føre tilsyn med gennemførelsen af disse kapitler, herunder samarbejdsaktiviteter og gennemgangen af virkningerne af denne aftale for bæredygtig udvikling, og sikre en integreret tilgang til alle spørgsmål af fælles interesse for parterne vedrørende grænsefladen mellem økonomisk udvikling, social udvikling og miljøbeskyttelse. Udvalget for Handel og Bæredygtig Udvikling kan for så vidt angår kapitel treogtyve (handel og arbejdsmarked) og fireogtyve (handel og miljø) også udføre sine opgaver gennem særmøder med deltagelse af de ansvarlige for de specifikke områder, der er omfattet af disse kapitler.
2.   Udvalget for Handel og Bæredygtig Udvikling skal træde sammen senest et år efter denne aftales ikrafttræden og derefter så ofte, som parterne anser for nødvendigt. De kontaktpunkter, der er nævnt i artikel 23.8 (institutionelle mekanismer) og 24.13 (institutionelle mekanismer), er ansvarlige for kommunikationen mellem parterne med hensyn til tilrettelæggelse og afholdelse af disse møder eller særmøder.
3.   Hvert ordinært møde eller særmøde i Udvalget for Handel og Bæredygtig Udvikling omfatter et møde med offentligheden for at drøfte spørgsmål vedrørende gennemførelsen af de relevante kapitler, medmindre parterne bestemmer andet.
4.   Udvalget for Handel og Bæredygtig Udvikling skal fremme gennemsigtighed og offentlig deltagelse. Til dette formål skal:
a)
enhver beslutning eller rapport fra Udvalget for Handel og Bæredygtig Udvikling offentliggøres, medmindre udvalget beslutter andet
b)
Udvalget for Handel og Bæredygtig Udvikling forelægge opdateringer om alle spørgsmål vedrørende dette kapitel, herunder dets gennemførelse, til det i artikel 22.5 omhandlede Civilsamfundsforum. Eventuelle synspunkter eller udtalelser fra Civilsamfundsforummet forelægges parterne direkte eller via de høringsmekanismer, der er omhandlet i artikel 23.8.3 (institutionelle mekanismer) og 24.13 (institutionelle mekanismer). Udvalget for Handel og Bæredygtig Udvikling skal rapportere årligt om opfølgningen på disse underretninger
c)
Udvalget for Handel og Bæredygtig Udvikling skal årligt rapportere om ethvert spørgsmål, det behandler i henhold til artikel 24.7.3 (oplysning og bevidstgørelse af offentligheden) eller artikel 23.8.4 (institutionelle mekanismer).
Artikel 22.5
Civilsamfundsforum
1.   Parterne skal fremme oprettelsen af et civilsamfundsforum, der består af repræsentanter for civilsamfundsorganisationer, der er etableret på deres territorier, herunder deltagere i de høringsmekanismer, der er omhandlet i artikel 23.8.3 (institutionelle mekanismer) og 24.13 (institutionelle mekanismer), med henblik på at føre dialog om denne aftales aspekter vedrørende bæredygtig udvikling.
2.   Civilsamfundsforummet skal træde sammen en gang om året, medmindre parterne aftaler andet. Parterne skal fremme en ligelig repræsentation af de relevante interesser, herunder uafhængige arbejdsgiver-, arbejdstager-, fagforenings- og erhvervsorganisationer og miljøgrupper så vel som i givet fald andre relevante civilsamfundsorganisationer. Parterne kan også befordre deltagelsen ved hjælp af virtuelle midler.
KAPITEL TREOGTYVE
Handel og arbejdsmarked
Artikel 23.1
Baggrund og formål
1.   Parterne anerkender værdien af internationalt samarbejde og internationale aftaler om arbejdsmarkedsspørgsmål som det internationale samfunds svar på de økonomiske, beskæftigelsesmæssige og sociale udfordringer og muligheder ved globaliseringen. De anerkender, at den internationale handel vil kunne bidrage til fuld og produktiv beskæftigelse og anstændigt arbejde for alle, og forpligter sig til at gennemføre høringer og samarbejde i passende omfang om handelsrelaterede arbejdsmarkeds- og beskæftigelsesspørgsmål af fælles interesse.
2.   Idet parterne bekræfter værdien af en mere sammenhængende politik til skabelse af anstændigt arbejde, som inddrager grundlæggende arbejdsmarkedsstandarder og et højt niveau af arbejdstagerbeskyttelse, kombineret med en effektiv håndhævelse heraf, erkender de den gavnlige rolle, disse områder kan spille for økonomisk effektivitet, innovation og produktivitet, herunder eksportresultater. I denne forbindelse anerkender de ligeledes betydningen af den sociale dialog om arbejdsmarkedsforhold mellem arbejdstagere og arbejdsgivere og deres respektive organisationer samt regeringer, og forpligter sig til at fremme en sådan dialog.
Artikel 23.2
Ret til at regulere og beskyttelsesniveauer
Hver af parterne, som anerkender hver parts ret til at fastsætte deres respektive arbejdsmarkedsmæssige prioriteter, til at etablere deres respektive niveau af arbejdstagerbeskyttelse og til at vedtage eller ændre deres respektive love og politikker i overensstemmelse hermed på en måde, der er forenelig med deres internationale forpligtelser, herunder forpligtelserne i dette kapitel, skal bestræbe sig på at sikre, at disse love og politikker sikrer og fremmer et højt niveau af arbejdstagerbeskyttelse, og på fortsat at forbedre sådanne love og politikker med den målsætning at sikre et højt niveau af arbejdstagerbeskyttelse.
Artikel 23.3
Multilaterale arbejdsmarkedsstandarder og -aftaler
1.   Hver af parterne skal sikre, at deres arbejdsmarkedslovgivning og -praksis omfatter og sikrer beskyttelse af de grundlæggende principper og rettigheder på arbejdspladsen som anført nedenfor. Parterne bekræfter deres engagement i at overholde, fremme og virkeliggøre disse principper og rettigheder i overensstemmelse med medlemmernes forpligtelser under Den Internationale Arbejdsorganisation (»ILO«) og forpligtelserne i henhold til ILO's erklæring om grundlæggende principper og rettigheder på arbejdet og dennes opfølgning af 1998, vedtaget af Den Internationale Arbejdskonference på sit 86. møde:
a)
foreningsfrihed og reel anerkendelse af retten til kollektive forhandlinger
b)
afskaffelse af alle former for tvangsarbejde
c)
reel afskaffelse af børnearbejde, og
d)
afskaffelse af forskelsbehandling med hensyn til beskæftigelse og ansættelse.
2.   Hver af parterne skal sikre, at deres arbejdsmarkedslovgivning og -praksis fremmer følgende formål i ILO's dagsorden for anstændigt arbejde og i overensstemmelse med ILO's erklæring om social retfærdighed med henblik på en retfærdig globalisering af 2008, vedtaget af Den Internationale Arbejdskonference på sit 97. møde, og andre internationale forpligtelser:
a)
sundhed og sikkerhed på arbejdspladsen, herunder forebyggelse af arbejdsrelaterede skader eller sygdomme og kompensation i tilfælde af sådanne skader eller sygdomme
b)
fastsættelse af acceptable minimumsansættelsesvilkår for lønmodtagere, herunder dem der ikke er omfattet af en kollektiv overenskomst, og
c)
ikke-forskelsbehandling med hensyn til arbejdsvilkår, herunder for vandrende arbejdstagere.
3.   I henhold til stk. 2, litra a), skal hver af parterne sikre, at deres arbejdsmarkedslovgivning og -praksis omfatter og yder beskyttelse i form af arbejdsvilkår, der respekterer arbejdstagernes sundhed og sikkerhed, herunder ved udarbejdelse af politikker, der fremmer grundlæggende principper, som tager sigte på at forebygge ulykker og skader, der opstår ved eller i forbindelse med arbejde, og som tager sigte på at udvikle en forebyggende sundheds- og sikkerhedskultur, hvor princippet om forebyggelse gives højeste prioritet. Når de udarbejder og gennemfører foranstaltninger til beskyttelse af sundhed og sikkerhed på arbejdspladsen, skal hver af parterne tage hensyn til eksisterende relevante videnskabelige og tekniske oplysninger og dertil knyttede internationale standarder, retningslinjer eller henstillinger, hvis foranstaltningerne kan påvirke handelen eller investeringerne mellem parterne. Parterne erkender, at en part i tilfælde af eksisterende eller potentielle risici eller forhold, som med rimelighed kan forventes at forårsage skade på eller sygdom hos fysiske personer, ikke må henvise til manglen på fuld videnskabelig sikkerhed som begrundelse for at udskyde omkostningseffektive beskyttelsesforanstaltninger.
4.   Hver af parterne bekræfter på ny deres tilsagn om på hele sit territorium effektivt at gennemføre de grundlæggende ILO-konventioner, som Canada og EU-medlemsstaterne hver især har ratificeret, i sin lovgivning og praksis. Parterne bestræber sig fortsat og vedvarende på at ratificere de grundlæggende ILO-konventioner, hvis de ikke allerede har gjort dette. Parterne udveksler oplysninger om deres respektive situation og fremskridt vedrørende ratificeringen af de grundlæggende såvel som de prioriterede og andre ILO-konventioner, som af ILO er klassificeret som værende ajour.
Artikel 23.4
Opretholdelse af beskyttelsesniveauer
1.   Parterne anerkender, at det er uhensigtsmæssigt at tilskynde til handel eller investering gennem en sænkning eller lempelse af beskyttelsesniveauerne i deres arbejdsmarkedslovgivning og -standarder.
2.   En part må ikke fritage fra eller på anden måde fravige eller tilbyde at fritage fra eller på anden måde fravige sin arbejdsmarkedslovgivning og sine arbejdsmarkedsstandarder for at tilskynde til handel eller etablering, erhvervelse, udvidelse eller fastholdelse af en investering på sit territorium.
3.   En part må ikke undlade at håndhæve sin arbejdsmarkedslovgivning og sine arbejdsmarkedsstandarder effektivt ved vedholdende eller gentagne gange at handle eller forsømme at handle med henblik på at tilskynde til handel eller investeringer.
Artikel 23.5
Håndhævelsesprocedurer, administrative procedurer og kontrol af administrative handlinger
1.   Hver part skal i medfør af artikel 23.4 fremme overholdelsen af og effektivt håndhæve sin arbejdsmarkedslovgivning, herunder ved at:
a)
opretholde et system med arbejdstilsyn i overensstemmelse med deres internationale forpligtelser, der har til formål at sikre håndhævelsen af de retlige bestemmelser vedrørende arbejdsvilkår og beskyttelse af arbejdstagere, der kan håndhæves af arbejdsinspektørerne, og
b)
sikre, at personer med en retligt anerkendt interesse i en bestemt sag, som hævder, at en rettighed er krænket i henhold til partens lovgivning, har adgang til administrative og retslige procedurer med henblik på en effektiv bekæmpelse af krænkelser af deres arbejdsmarkedslovgivning, herunder passende retsmidler ved krænkelser af denne lovgivning.
2.   Hver af parterne skal i overensstemmelse med deres lovgivning sikre, at de i stk. 1, litra b), omhandlede procedurer ikke er unødigt komplicerede eller uoverkommeligt omkostningsfulde, ikke indebærer urimelige frister eller medfører ugrundede forsinkelser, giver adgang til foreløbige retsmidler, hvis det er hensigtsmæssigt, og er retfærdige og rimelige, herunder ved at:
a)
give den indklagede et rimeligt varsel, når der er indledt en procedure, herunder en beskrivelse af sagens art og grundlaget for klagen
b)
give parterne i proceduren en rimelig mulighed for at underbygge eller forsvare deres respektive synspunkter, herunder ved at fremlægge oplysninger eller beviser, før en endelig afgørelse
c)
sikre, at de endelige beslutninger træffes skriftligt, og at der gives en begrundelse, som er passende for sagen og baseret på oplysninger eller beviser, som parterne i proceduren har haft mulighed for at blive hørt om, og
d)
give parterne i de administrative procedurer mulighed for at få efterprøvet og, hvis det er berettiget, afhjulpet endelige administrative afgørelser inden for en rimelig frist ved en ret, der er nedsat ved lov, med passende garantier for rettens uafhængighed og upartiskhed.
Artikel 23.6
Oplysning og bevidstgørelse af offentligheden
1.   Hver af parterne skal ud over deres forpligtelser i henhold til artikel 27.1 (offentliggørelse) tilskynde til offentlig debat med og blandt ikke-statslige aktører med hensyn til udvikling og fastlæggelse af politikker, som kan føre til deres offentlige myndigheders vedtagelse af arbejdsmarkedslovgivning og -standarder.
2.   Hver af parterne skal fremme bevidstgørelse af offentligheden om deres arbejdsmarkedslovgivning og -standarder samt om håndhævelses- og overholdelsesprocedurer, herunder ved at sikre adgang til oplysninger og ved at tage skridt til at fremme arbejdstageres, arbejdsgiveres og deres repræsentanters viden herom og forståelse herfor.
Artikel 23.7
Samarbejdsaktiviteter
1.   Parterne forpligter sig til at samarbejde for at fremme formålene i dette kapitel gennem sådanne handlinger som:
a)
udveksling af oplysninger om bedste praksis om spørgsmål af fælles interesse og om relevante begivenheder, aktiviteter og initiativer
b)
samarbejde i internationale fora, der beskæftiger sig med spørgsmål, der er relevante for handel og arbejdsmarked, herunder navnlig WTO og ILO
c)
international fremme og effektiv anvendelse af de grundlæggende principper og rettigheder på arbejdspladsen som omhandlet i artikel 23.3.1 og ILO's dagsorden for anstændigt arbejde
d)
dialog og udveksling af oplysninger om arbejdsretlige bestemmelser inden for rammerne af deres respektive handelsaftaler samt gennemførelsen heraf
e)
udforskning af samarbejde om initiativer vedrørende tredjeparter, og
f)
enhver anden form for samarbejde, der anses for hensigtsmæssig.
2.   Parterne tager hensyn til eventuelle synspunkter, der er fremsat af repræsentanter for arbejdstager-, arbejdsgiver- og civilsamfundsorganisationer, når de identificerer samarbejdsområder og gennemfører samarbejdsaktiviteter.
3.   Parterne kan etablere samarbejdsordninger med ILO og andre kompetente internationale eller regionale organisationer for at kunne trække på deres ekspertise og ressourcer for at realisere formålene i dette kapitel.
Artikel 23.8
Institutionelle mekanismer
1.   Hver af parterne skal udpege et kontor, der skal fungere som kontaktpunkt for den anden part med henblik på gennemførelsen af dette kapitel, herunder med hensyn til:
a)
samarbejdsprogrammer og -aktiviteter i overensstemmelse med artikel 23.7
b)
modtagelse af anmodninger og meddelelser efter artikel 23.9, og
c)
oplysninger, der skal fremlægges for den anden part, ekspertpanelerne og offentligheden.
2.   Parterne skal underrette hinanden skriftligt om det i stk. 1 omhandlede kontaktpunkt.
3.   Udvalget for Handel og Bæredygtig Udvikling, som er nedsat i medfør af artikel 26.2.1, litra g), (specialudvalg), skal gennem regelmæssige møder eller særmøder med deltagelse af aktører med ansvar for anliggender henhørende under dette kapitel:
a)
føre tilsyn med gennemførelsen af dette kapitel og vurdere de fremskridt, der er opnået i henhold hertil, herunder dets virkemåde og effektivitet, og
b)
drøfte alle andre spørgsmål, der falder inden for dette kapitels anvendelsesområde.
4.   Hver af parterne skal indkalde nye eller høre interne rådgivende grupper for arbejdsmarked eller bæredygtig udvikling for at indhente synspunkter og rådgivning om spørgsmål vedrørende dette kapitel. Disse grupper skal bestå af uafhængige repræsentative civilsamfundsorganisationer med en ligelig repræsentation af arbejdsgiver-, arbejdstager-, fagforenings- og erhvervsorganisationer samt i givet fald andre relevante interessenter. De kan på eget initiativ afgive udtalelser og komme med anbefalinger om alle spørgsmål i forbindelse med dette kapitel.
5.   Hver af parterne skal velvilligt modtage og behørigt tage hensyn til bemærkninger fra offentligheden om spørgsmål vedrørende dette kapitel, herunder henvendelser om gennemførelsesspørgsmål. Hver af parterne skal underrette deres respektive interne rådgivende grupper for arbejdsmarked eller bæredygtig udvikling om disse henvendelser.
6.   Parterne skal tage hensyn til ILO's aktiviteter med henblik på at fremme samarbejdet og sammenhængen mellem parternes og ILO's arbejde.
Artikel 23.9
Konsultationer
1.   En part kan ved skriftlig henvendelse til den anden parts kontaktpunkt anmode den anden part om konsultationer vedrørende et hvilket som helst spørgsmål i forbindelse med dette kapitel. Den pågældende part skal i sin anmodning redegøre klart for sagen, identificere de spørgsmål, det drejer sig om, og give en kort redegørelse for eventuelle krav i henhold til dette kapitel. Konsultationerne indledes straks efter partens indgivelse af en anmodning herom.
2.   Med forbehold af deres respektive lovgivning om fortrolige personlige og kommercielle oplysninger skal hver af parterne under konsultationerne give hinanden tilstrækkeligt med oplysninger, som de er i besiddelse af, til at give mulighed for en fuldstændig undersøgelse af de rejste spørgsmål.
3.   Er det relevant, og er begge parter indforstået, skal parterne søge oplysninger eller synspunkter fra enhver person eller organisation eller ethvert organ, herunder ILO, som kan bidrage til undersøgelsen af de spørgsmål, der måtte opstå.
4.   Finder en part, at et spørgsmål bør drøftes yderligere, kan den ved skriftlig henvendelse til den anden parts kontaktpunkt anmode om, at Udvalget for Handel og Bæredygtig Udvikling indkaldes med henblik på at drøfte spørgsmålet. Udvalget for Handel og Bæredygtig Udvikling skal straks træde sammen og bestræbe sig på at finde en løsning på problemet. Er det relevant, skal udvalget søge rådgivning fra parternes interne rådgivende grupper for arbejdsmarked eller bæredygtig udvikling via de i artikel 23.8 omhandlede høringsmekanismer.
5.   Hver af parterne skal offentliggøre enhver løsning på eller afgørelse vedrørende et spørgsmål, der behandles under nærværende artikel.
Artikel 23.10
Ekspertpanel
1.   For alle spørgsmål, der ikke løses tilfredsstillende gennem konsultationer i henhold til artikel 23.9, kan en part 90 dage efter modtagelsen af en konsultationsanmodning i henhold til artikel 23.9.1 anmode om, at der indkaldes et ekspertpanel med henblik på at undersøge spørgsmålet ved at indgive en skriftlig anmodning til den anden parts kontaktpunkt.
2.   Parterne skal med forbehold af bestemmelserne i dette kapitel anvende den forretningsorden og adfærdskodeks, der er fastsat i bilag 29-A og 29-B, medmindre parterne bestemmer andet.
3.   Ekspertpanelet består af tre panelmedlemmer.
4.   Parterne skal konsultere hinanden med henblik på at nå frem til en aftale om ekspertpanelets sammensætning senest 10 arbejdsdage efter, at den svarende part har modtaget anmodningen om nedsættelse af et ekspertpanel. Der skal lægges behørig vægt på at sikre, at de foreslåede panelmedlemmer opfylder kravene i stk. 7 og har den ekspertise, der er relevant for det pågældende spørgsmål.
5.   Er parterne ikke i stand til at beslutte ekspertpanelets sammensætning inden for den i stk. 4 anførte frist, anvendes den udvælgelsesprocedure, der er fastsat i artikel 29.7, stk. 37, (voldgiftspanelets sammensætning), på grundlag af den i stk. 6 omhandlede liste.
6.   Udvalget for Handel og Bæredygtig Udvikling skal på sit første møde efter denne aftales ikrafttræden opstille en liste over mindst ni personer, der vælges ud fra deres objektivitet, pålidelighed og dømmekraft, og som er villige og i stand til at fungere som panelmedlemmer. Hver af parterne skal udnævne mindst tre personer på listen til at fungere som panelmedlemmer. Parterne skal også udnævne mindst tre personer, som ikke er borgere i nogen af parterne, og som er villige og i stand til at fungere som formand for et ekspertpanel. Udvalget for Handel og Bæredygtig Udvikling skal sikre, at listen altid er fuldtalligt ajourført.
7.   De eksperter, der foreslås som panelmedlemmer, skal have specialiseret viden eller ekspertise inden for arbejdsmarkedslovgivning, andre spørgsmål, som behandles i dette kapitel, eller bilæggelse af tvister, der opstår i forbindelse med internationale aftaler. De skal være uafhængige og handle efter deres egen overbevisning og må ikke modtage instruktioner fra nogen organisation eller regering vedrørende det rejste spørgsmål. De må ikke være tilknyttet en regering i nogen part, og de skal overholde den i stk. 2 omhandlede adfærdskodeks.
8.   Medmindre parterne bestemmer andet senest fem arbejdsdage efter datoen for udvælgelse af panelmedlemmerne, er ekspertpanelets mandat:
»
                        
på baggrund af de relevante bestemmelser i kapitel treogtyve (handel og arbejdsmarked) at undersøge det spørgsmål, hvortil der henvises i anmodningen om nedsættelse af ekspertpanelet, og i overensstemmelse med artikel 23.10 (ekspertpanel) i kapitel treogtyve (handel og arbejdsmarked) udarbejde en rapport med anbefalinger til, hvordan sagen løses
«.
9.   For så vidt angår spørgsmål i forbindelse med multilaterale aftaler som anført i artikel 23.3 bør ekspertpanelet søge oplysninger fra ILO, herunder alle relevante tilgængelige fortolkende retningslinjer, konklusioner eller afgørelser vedtaget af ILO 
(
31
)
.
10.   Panelet kan anmode om og modtage skriftlige indlæg eller andre oplysninger fra personer med relevante oplysninger eller specialiseret viden.
11.   Ekspertpanelet skal udarbejde en foreløbig rapport til parterne og en endelig rapport med de faktiske omstændigheder, dets vurderinger vedrørende spørgsmålet, herunder om hvorvidt den svarende part har opfyldt sine forpligtelser i henhold til dette kapitel samt begrundelsen for panelets konklusioner, vurderinger og anbefalinger. Ekspertpanelet skal forelægge den foreløbige rapport for parterne senest 120 dage efter, at det sidste panelmedlem er blevet valgt, medmindre andet er fastsat af parterne. Parterne kan fremsætte bemærkninger til ekspertpanelet vedrørende den foreløbige rapport senest 45 dage efter dens forelæggelse. Ekspertpanelet kan efter at have analyseret sådanne bemærkninger tage rapporten op til overvejelse eller foretage yderligere undersøgelser, som det anser for hensigtsmæssige. Ekspertpanelet skal forelægge den endelige rapport til parterne senest 60 dage efter forelæggelsen af den foreløbige rapport. Hver af parterne skal offentliggøre den endelige rapport senest 30 dage efter forelæggelsen.
12.   Fastslås det i ekspertpanelets endelige rapport, at en part ikke har opfyldt sine forpligtelser i henhold til dette kapitel, skal parterne indlede drøftelser og bestræbe sig på senest tre måneder efter forelæggelsen af den endelige rapport at finde passende foranstaltninger eller, hvis det er relevant, fastlægge en gensidigt tilfredsstillende handlingsplan. Parterne skal under disse drøftelser tage hensyn til den endelige rapport. Den svarende part skal rettidigt underrette sine rådgivende grupper for arbejdsmarked og bæredygtig udvikling og den spørgende part om sin afgørelse om eventuelle tiltag eller foranstaltninger, der skal gennemføres. Den spørgende part skal desuden rettidigt underrette sine rådgivende grupper for arbejdsmarked eller bæredygtig udvikling og den svarende part om ethvert andet tiltag eller enhver anden foranstaltning, den eventuelt beslutter at gennemføre som opfølgning på den endelige rapport, for at fremme løsningen af sagen på en måde, der er forenelig med denne aftale. Udvalget for Handel og Bæredygtig Udvikling skal overvåge opfølgningen af ekspertpanelets endelige rapport og anbefalinger. Parternes rådgivende grupper for arbejdsmarked eller bæredygtig udvikling og Civilsamfundsforummet kan i denne forbindelse fremsætte bemærkninger for Udvalget for Handel og Bæredygtig Udvikling.
13.   Når parterne frem til en gensidigt accepteret løsning på spørgsmålet efter oprettelsen af et ekspertpanel, skal de underrette Udvalget for Handel og Bæredygtig Udvikling og ekspertpanelet om denne løsning. Panelproceduren afsluttes ved modtagelse af en sådan meddelelse.
Artikel 23.11
Tvistbilæggelse
1.   Parterne skal i forbindelse med enhver tvist, der opstår inden for rammerne af dette kapitel, udelukkende anvende de regler og procedurer, der er fastsat i dette kapitel.
2.   Parterne skal udfolde enhver bestræbelse på at finde en gensidigt tilfredsstillende løsning på en tvist. Parterne kan på et hvilket som helst tidspunkt anvende mellemkomst, forlig eller mægling til at afgøre tvisten.
3.   Parterne er enige om, at de i dette kapitel omhandlede forpligtelser er bindende og kan fuldbyrdes ved hjælp af de procedurer for tvistbilæggelse, der er fastsat i artikel 23.10. Parterne skal i den forbindelse drøfte ved møder i Udvalget for Handel og Bæredygtig Udvikling, hvorvidt dette kapitel gennemføres effektivt, udviklingen af politikker i hver part, udviklingen i internationale aftaler og de synspunkter, der er fremsat af interessenter samt eventuelle revisioner af de procedurer for tvistbilæggelse, der er fastsat i artikel 23.10.
4.   En part kan i tilfælde af uenighed i forbindelse med stk. 3 anmode om konsultationer i henhold til de procedurer, som er fastsat i artikel 23.9, for at revidere de bestemmelser om tvistbilæggelse, der er fastsat i artikel 23.10 med henblik på at nå frem til en gensidigt accepteret løsning på spørgsmålet.
5.   Udvalget for Handel og Bæredygtig Udvikling kan anbefale Det Blandede CETA-Udvalg at ændre relevante bestemmelser i dette kapitel i overensstemmelse med de ændringsprocedurer, der er fastsat i artikel 30.2 (ændringer).
KAPITEL FIREOGTYVE
Handel og miljø
Artikel 24.1
Definition
I dette kapitel forstås ved:
Miljølovgivning
: lovgivning, herunder en lovbestemmelse eller en administrativ bestemmelse eller en anden retligt bindende foranstaltning hos en part, som har til formål at beskytte miljøet, herunder forebyggelse af en fare for menneskers liv eller sundhed fra miljøvirkninger, såsom dem, der tager sigte på:
a)
forebyggelse, nedbringelse eller bekæmpelse af udslip, udledning eller emission af forurenende stoffer eller miljøforurenende stoffer
b)
forvaltning af kemikalier og affald og formidling af oplysninger i tilknytning hertil, eller
c)
bevarelse og beskyttelse af vilde planter eller dyr, herunder truede arter og deres levesteder samt beskyttede områder
men som ikke omfatter en foranstaltning hos en part, som udelukkende vedrører arbejdstagernes sundhed og sikkerhed, som er omfattet af kapitel treogtyve (handel og arbejdsmarked), eller en foranstaltning hos en part, som har til formål at forvalte oprindelige befolkningers traditionelle høst af naturressourcer.
Artikel 24.2
Baggrund og formål
Parterne anerkender, at miljøet er et grundlæggende element i en bæredygtig udvikling, og anerkender, at handel vil kunne bidrage til at fremme en bæredygtig udvikling. Parterne fremhæver, at et forstærket samarbejde for at beskytte og bevare miljøet medfører fordele, som vil:
a)
fremme bæredygtig udvikling
b)
styrke parternes miljøforvaltning
c)
bygge videre på de internationale miljøaftaler, som de er parter i, og
d)
supplere formålene med nærværende aftale.
Artikel 24.3
Ret til at regulere og beskyttelsesniveauer
Parterne anerkender hver parts ret til at fastsætte sine prioriteter på miljøområdet, til at fastsætte deres miljøbeskyttelsesniveauer og vedtage eller ændre deres love og politikker i overensstemmelse dermed og i overensstemmelse med de multilaterale miljøaftaler, som de er parter i, og med nærværende aftale. Hver af parterne bestræber sig på at sikre, at disse love og politikker sikrer og fremmer høje miljøbeskyttelsesniveauer, og bestræber sig på fortsat at forbedre sådanne love og politikker og de underliggende beskyttelsesniveauer.
Artikel 24.4
Multilaterale miljøaftaler
1.   Parterne anerkender værdien af international miljøforvaltning og internationale miljøaftaler som et af det internationale samfunds svar på globale eller regionale miljøproblemer, og de fremhæver behovet for at fremme det indbyrdes understøttende forhold mellem politikker, regler og foranstaltninger inden for handel og miljø.
2.   Hver af parterne bekræfter på ny deres tilsagn om effektivt at gennemføre de multilaterale miljøaftaler, som de er parter i, i deres love og praksisser på hele deres territorium.
3.   Parterne forpligter sig til at konsultere hinanden og samarbejde i relevant omfang med hensyn til miljøspørgsmål af gensidig interesse, der vedrører multilaterale miljøaftaler, navnlig handelsrelaterede spørgsmål. Denne forpligtelse omfatter udveksling af oplysninger om:
a)
gennemførelse af multilaterale miljøaftaler, som en part har tilsluttet sig
b)
igangværende forhandlinger om nye multilaterale miljøaftaler, og
c)
hver parts respektive synspunkter om at tilslutte sig yderligere multilaterale miljøaftaler.
4.   Parterne anerkender deres ret til at anvende artikel 28.3 (generelle undtagelser) i forbindelse med miljøforanstaltninger, herunder dem, der træffes i henhold til multilaterale miljøaftaler, som de er part i.
Artikel 24.5
Opretholdelse af beskyttelsesniveauer
1.   Parterne anerkender, at det er uhensigtsmæssigt at tilskynde til handel eller investeringer gennem en sænkning eller lempelse af beskyttelsesniveauerne i deres miljølovgivning.
2.   En part må ikke fritage fra eller på anden måde fravige eller tilbyde at fritage fra eller på anden måde fravige sin miljølovgivning for at tilskynde til handel eller etablering, erhvervelse, udvidelse eller fastholdelse af en investering på sit territorium.
3.   En part må ikke undlade at håndhæve sin miljølovgivning effektivt ved vedholdende eller gentagne gange at handle eller forsømme at handle med henblik på at tilskynde til handel eller investering.
Artikel 24.6
Adgang til retsmidler og processuelle garantier
1.   I henhold til forpligtelserne i artikel 24.5:
a)
skal hver af parterne i overensstemmelse med deres lovgivning sikre, at de myndigheder, der har kompetence til at håndhæve miljølovgivningen, tager behørigt hensyn til påståede overtrædelser af miljølovgivningen, som de bliver gjort opmærksom på af interesserede personer, der har bopæl eller er etableret på deres territorium, og
b)
skal hver af parterne sikre, at personer med en retligt anerkendt interesse i en bestemt sag, eller som hævder, at en rettighed er krænket i henhold til deres lovgivning, har adgang til administrative eller retslige procedurer med henblik på effektivt at anfægte krænkelser af deres miljølovgivning, herunder passende retsmidler ved krænkelse af sådan lovgivning.
2.   Hver af parterne skal i overensstemmelse med deres interne lovgivning sikre, at de i stk. 1, litra b), omhandlede procedurer ikke er unødigt komplicerede eller uoverkommeligt omkostningsfulde, ikke indebærer urimelige frister eller medfører ugrundede forsinkelser, giver adgang til foreløbige retsmidler, hvis det er hensigtsmæssigt, og er retfærdige, rimelige og gennemsigtige, herunder ved at:
a)
give den indklagede et rimeligt varsel, når der er indledt en procedure, herunder en beskrivelse af sagens art og grundlaget for klagen
b)
give sagens parter rimelig mulighed for at underbygge eller forsvare deres respektive synspunkter, herunder ved at fremlægge oplysninger eller beviser, før en endelig afgørelse
c)
sikre, at de endelige beslutninger træffes skriftligt, og at der gives en begrundelse, som er passende for sagen og baseret på oplysninger eller beviser, som parterne i proceduren har haft mulighed for at blive hørt om, og
d)
give parterne i de administrative procedurer mulighed for at få efterprøvet og, hvis det er berettiget, afhjulpet endelige administrative afgørelser inden for en rimelig frist ved en ret, der er nedsat ved lov og med passende garantier for rettens uafhængighed og upartiskhed.
Artikel 24.7
Oplysning og bevidstgørelse af offentligheden
1.   Hver af parterne skal i tillæg til artikel 27.1 (offentliggørelse) tilskynde til offentlig debat med og blandt ikke-statslige aktører med hensyn til udvikling og fastlæggelse af politikker, som kan føre til deres offentlige myndigheders vedtagelse af miljølovgivning.
2.   Hver af parterne skal fremme bevidstgørelse af offentligheden om sin miljølovgivning samt håndhævelses- og overholdelsesprocedurer ved at sikre tilgængeligheden af oplysninger til interesserede parter.
3.   Hver af parterne skal velvilligt modtage og behørigt tage hensyn til bemærkninger fra offentligheden om spørgsmål vedrørende dette kapitel, herunder henvendelser om gennemførelsesspørgsmål. Hver af parterne skal underrette deres respektive civilsamfundsorganisationer om disse henvendelser via de i artikel 24.13.5 omhandlede høringsmekanismer.
Artikel 24.8
Videnskabelige og tekniske oplysninger
1.   Hver af partnerne skal i forbindelse med udarbejdelsen og gennemførelsen af foranstaltninger til beskyttelse af miljøet, som kan påvirke handel eller investering mellem parterne, tage hensyn til relevante videnskabelige og tekniske oplysninger og beslægtede internationale standarder, retningslinjer eller henstillinger.
2.   Parterne anerkender, at der i tilfælde af trusler om alvorlig eller uoprettelig skade ikke må henvises til manglen på fuld videnskabelig sikkerhed som begrundelse for at udskyde omkostningseffektive foranstaltninger til at forhindre miljøødelæggelse.
Artikel 24.9
Handel til fremme af miljøbeskyttelse
1.   Parterne er fast besluttet på at gøre en indsats for at lette og fremme handel med og investeringer i miljøvenlige varer og tjenesteydelser, herunder ved at nedbringe ikke-toldmæssige handelshindringer i forbindelse med disse varer og tjenesteydelser.
2.   Parterne skal i overensstemmelse med deres internationale forpligtelser være særlig opmærksomme på at fremme fjernelsen af hindringer for handel med og investeringer i varer og tjenesteydelser af særlig betydning for modvirkning af klimaændringer og navnlig handel eller investeringer i vedvarende energivarer og tilknyttede tjenesteydelser.
Artikel 24.10
Handel med skovbrugsprodukter
1.   Parterne anerkender betydningen af bevaring og bæredygtig forvaltning af skovene for at sikre, at de nuværende og fremtidige generationer har adgang til skovenes miljøfunktioner og økonomiske og sociale muligheder, og markedsadgang for træprodukter, der er fældet i overensstemmelse med lovgivningen i hugstlandet og fra bæredygtigt forvaltede skove.
2.   Med henblik herpå og i overensstemmelse med deres internationale forpligtelser forpligter parterne sig til:
a)
at fremme handel med skovbrugsprodukter fra bæredygtigt forvaltede skove, som er høstet i overensstemmelse med hugstlandets lovgivning
b)
at udveksle oplysninger og, hvis det er relevant, samarbejde om initiativer til fremme af bæredygtig skovforvaltning, herunder initiativer, der har til formål at bekæmpe ulovlig hugst og dermed forbunden handel
c)
at fremme den effektive anvendelse af 
Konventionen om international handel med udryddelsestruede vilde dyr og planter
, indgået den 3. marts 1973 i Washington, for så vidt angår bevaringstruede træarter, og
d)
i givet fald at samarbejde i internationale fora, der beskæftiger sig med bevarelse og bæredygtig skovforvaltning.
3.   Parterne skal drøfte de i stk. 2 omhandlede spørgsmål i Udvalget for Handel og Bæredygtig Udvikling eller den i kapitel femogtyve (bilaterale dialoger og samarbejde) omhandlede Bilaterale Dialog om Skovbrugsprodukter i overensstemmelse med deres respektive kompetenceområder.
Artikel 24.11
Handel med fiskevarer og akvakulturprodukter
1.   Parterne anerkender betydningen af bevarelse og bæredygtig og ansvarlig forvaltning af fiskeri og akvakultur og deres bidrag til at skabe miljømæssige, økonomiske og sociale muligheder for de nuværende og kommende generationer.
2.   Med henblik herpå og i overensstemmelse med deres internationale forpligtelser forpligter parterne sig til at:
a)
indføre eller opretholde effektive overvågnings-, kontrol- og tilsynsforanstaltninger, såsom observatørordninger, ordninger til overvågning af fartøjer, omladningskontrol, kontrol på havet, havnestatskontrol og dermed forbundne sanktioner, som har til formål at bevare fiskebestandene og forhindre overfiskeri
b)
indføre eller opretholde foranstaltninger og samarbejde for at bekæmpe ulovligt, urapporteret og ureglementeret (»IUU«) fiskeri, herunder i givet fald at udveksle oplysninger om IUU-aktiviteter i deres farvande og om gennemførelsen af politikker og foranstaltninger for at fjerne IUU-fiskeprodukter fra handelsstrømme og fiskeopdrætsaktiviteter
c)
samarbejde med og i givet fald i regionale fiskeriforvaltningsorganisationer, hvor parterne er enten medlemmer, observatører eller samarbejdende ikke-kontraherende parter, med det formål at opnå god forvaltningspraksis, herunder ved at gå ind for videnskabeligt baserede beslutninger og for overholdelse af disse beslutninger i disse organisationer, og
d)
fremme udviklingen af en miljømæssigt forsvarlig og økonomisk konkurrencedygtig akvakultursektor.
Artikel 24.12
Samarbejde om miljøspørgsmål
1.   Parterne anerkender, at et forstærket samarbejde er et vigtigt element for at fremme formålene i dette kapitel, og forpligter sig til at samarbejde om handelsrelaterede miljøspørgsmål af fælles interesse på områder såsom:
a)
nærværende aftales mulige indvirkning på miljøet og metoder til at fremme, forebygge eller begrænse en sådan indvirkning under hensyntagen til eventuelle konsekvensanalyser foretaget af parterne
b)
aktivitet i internationale fora, der beskæftiger sig med spørgsmål, der er relevante for både handels- og miljøpolitikker, herunder navnlig WTO, OECD, De Forenede Nationers Miljøprogram og multilaterale miljøaftaler
c)
miljødimensionen af virksomhedernes sociale ansvar og ansvarlighed, herunder gennemførelse af og opfølgning på internationalt anerkendte retningslinjer
d)
de handelsmæssige virkninger af miljøforskrifter- og standarder samt de miljømæssige virkninger af handels- og investeringsregler, herunder om udviklingen af miljøforskrifter og -politikker
e)
de handelsrelaterede aspekter af de nuværende og fremtidige internationale klimaordninger samt af interne klimapolitikker og -programmer vedrørende begrænsning og tilpasning, herunder spørgsmål vedrørende karbonmarkedet, metoder til at modvirke handelens negative klimavirkninger samt metoder til fremme af energieffektivitet og udviklingen og anvendelsen af teknologier med lave kulstofemissioner og andre klimavenlige teknologier
f)
handel med og investeringer i miljøvenlige varer og tjenesteydelser, herunder miljøvenlige og grønne teknologier og praksisser, vedvarende energi, energieffektivitet og anvendelse, bevarelse og behandling af vand
g)
samarbejde om handelsrelaterede aspekter af bevaring og bæredygtig udnyttelse af den biologiske mangfoldighed
h)
fremme af livscyklusstyringen af varer, herunder kulstofansvarlighed og bæredygtig bortskaffelse, udvidet producentansvar, genbrug og nedbringelse af affald og andre former for bedste praksis
i)
en bedre forståelse af de økonomiske aktiviteters og markedskræfternes indvirkning på miljøet, og
j)
udveksling af synspunkter vedrørende forholdet mellem multilaterale miljøaftaler og internationale handelsregler.
2.   Samarbejdet i henhold til stk. 1 skal foregå via handlinger og instrumenter, der kan omfatte tekniske udvekslinger, udveksling af oplysninger og bedste praksis, forskningsprojekter, undersøgelser, rapporter, konferencer og workshops.
3.   Parterne tager behørigt hensyn til synspunkter og bidrag fra offentligheden og interesserede aktører om udformningen og gennemførelsen af deres samarbejdsaktiviteter, og de kan inddrage sådanne aktører yderligere i disse aktiviteter, alt efter hvad der er relevant.
Artikel 24.13
Institutionelle mekanismer
1.   Hver af parterne skal udpege et kontor til at fungere som kontaktpunkt for den anden part med henblik på gennemførelsen af dette kapitel, herunder med hensyn til:
a)
samarbejdsprogrammer og -aktiviteter i overensstemmelse med artikel 24.12
b)
modtagelse af ansøgninger og meddelelser i henhold til artikel 24.7.3, og
c)
oplysninger, der skal fremlægges for den anden part, ekspertpanelet og offentligheden.
2.   Parterne skal underrette hinanden skriftligt om det i stk. 1 omhandlede kontaktpunkt.
3.   Udvalget for Handel og Bæredygtig Udvikling, som er nedsat i medfør af artikel 26.2.1, litra g), (specialudvalg), skal på sine regelmæssige møder eller særmøder med deltagelse af aktører med ansvar for anliggender henhørende under dette kapitel:
a)
holde øje med gennemførelsen af dette kapitel og vurdere de fremskridt, der er opnået i henhold hertil
b)
drøfte spørgsmål af fælles interesse, og
c)
drøfte alle andre spørgsmål, der er omfattet af dette kapitel, som parterne i fællesskab beslutter.
4.   Parterne skal tage højde for relevante multilaterale miljøorganisationers eller -organers arbejde med henblik på at fremme øget samarbejde og sammenhæng mellem parternes og disse organisationers og organers respektive arbejde.
5.   Hver af parterne skal gøre brug af allerede gældende eller etablere nye høringsmekanismer, såsom interne rådgivende grupper, for at indhente synspunkter og rådgivning om spørgsmål vedrørende dette kapitel. Disse høringsmekanismer skal inddrage uafhængige repræsentative civilsamfundsorganisationer med en ligelig repræsentation af miljøgrupper, erhvervsorganisationer og i givet fald andre relevante interessenter. De interesserede parter kan via disse høringsmekanismer på eget initiativ afgive udtalelser og komme med anbefalinger om alle spørgsmål i forbindelse med dette kapitel.
Artikel 24.14
Konsultationer
1.   En part kan ved skriftlig henvendelse til den anden parts kontaktpunkt anmode den anden part om konsultationer vedrørende et hvilket som helst spørgsmål i forbindelse med dette kapitel. Den pågældende part skal i sin anmodning redegøre klart for sagen, identificere de spørgsmål, det drejer sig om, og give en kort redegørelse for eventuelle krav i henhold til dette kapitel. Konsultationerne indledes straks efter partens indgivelse af en anmodning herom.
2.   Med forbehold af deres respektive lovgivning om beskyttelse af fortrolige eller beskyttede oplysninger skal hver af parterne under konsultationerne give hinanden tilstrækkeligt med oplysninger, som de er i besiddelse af, til at give mulighed for en fuldstændig undersøgelse af de rejste spørgsmål.
3.   Er det relevant, og er begge parter indforstået, skal parterne søge oplysninger eller synspunkter fra enhver person eller organisation eller ethvert organ, herunder relevante internationale organisationer eller organer, som kan bidrage til undersøgelsen af det spørgsmål, der rejses.
4.   Finder en part, at et spørgsmål bør drøftes yderligere, kan den ved skriftlig henvendelse til den anden parts kontaktpunkt anmode om, at Udvalget for Handel og Bæredygtig Udvikling indkaldes med henblik på at drøfte spørgsmålet. Udvalget for Handel og Bæredygtig Udvikling skal straks træde sammen og bestræbe sig på at finde en løsning på problemet. Er det relevant, skal udvalget søge rådgivning fra parternes civilsamfundsorganisationer via de i artikel 24.13.5 omhandlede høringsmekanismer.
5.   Hver af parterne skal offentliggøre enhver løsning på eller afgørelse vedrørende et spørgsmål, der er omfattet af nærværende artikel.
Artikel 24.15
Ekspertpanel
1.   For alle spørgsmål, der ikke løses på tilfredsstillende vis gennem konsultationer i henhold til artikel 24.14, kan en part 90 dage efter modtagelsen af en konsultationsanmodning i henhold til artikel 24.14.1 anmode om, at der indkaldes et ekspertpanel med henblik på at undersøge spørgsmålet ved at indgive en skriftlig anmodning til den anden parts kontaktpunkt.
2.   Parterne skal med forbehold af bestemmelserne i dette kapitel anvende den forretningsorden og adfærdskodeks, der er anført i bilag 29-A og 29-B, medmindre parterne bestemmer andet.
3.   Ekspertpanelet består af tre panelmedlemmer.
4.   Parterne skal konsultere hinanden med henblik på at nå frem til en aftale om ekspertpanelets sammensætning senest 10 arbejdsdage efter, at den svarende part har modtaget anmodningen om nedsættelse af et ekspertpanel. Der skal lægges behørig vægt på at sikre, at de foreslåede panelmedlemmer opfylder kravene i stk. 7 og har den ekspertise, der er relevant for det pågældende spørgsmål.
5.   Er parterne ikke er i stand til at beslutte ekspertpanelets sammensætning inden for den i stk. 4 anførte frist, anvendes den udvælgelsesprocedure, der er fastsat i artikel 29.7, stk. 3-7, (voldgiftspanelets sammensætning), på grundlag af den i stk. 6 omhandlede liste.
6.   Udvalget for Handel og Bæredygtig Udvikling skal på sit første møde efter denne aftales ikrafttræden opstille en liste over mindst ni personer, der vælges ud fra deres objektivitet, pålidelighed og dømmekraft, og som er villige og i stand til at fungere som panelmedlemmer. Hver af parterne skal udnævne mindst tre personer på listen til at fungere som panelmedlemmer. Parterne skal også udnævne mindst tre personer, som ikke er borgere i nogen af parterne, og som er villige og i stand til at fungere som formand for et ekspertpanel. Udvalget for Handel og Bæredygtig Udvikling skal sikre, at listen altid er fuldtalligt ajourført.
7.   De eksperter, der foreslås som panelmedlemmer, skal have specialiseret viden eller ekspertise inden for miljølovgivning, andre spørgsmål, som behandles i dette kapitel, eller bilæggelse af tvister, der opstår i forbindelse med internationale aftaler. De skal være uafhængige og handle efter deres egen overbevisning og må ikke modtage instruktioner fra nogen organisation eller regering vedrørende det rejste spørgsmål. De må ikke være tilknyttet en regering i nogen part, og de skal overholde den i stk. 2 omhandlede adfærdskodeks.
8.   Medmindre parterne bestemmer andet senest fem arbejdsdage efter datoen for udvælgelse af panelmedlemmerne, er ekspertpanelets mandat:
»på baggrund af de relevante bestemmelser i kapitel fireogtyve (handel og miljø) at undersøge det spørgsmål, hvortil der henvises i anmodningen om nedsættelse af ekspertpanelet, og i overensstemmelse med artikel 24.15 (ekspertpanel) i kapitel fireogtyve (handel og miljø) at udarbejde en rapport med anbefalinger til, hvordan sagen løses«.
9.   For så vidt angår spørgsmål i forbindelse med multilaterale aftaler som anført i artikel 24.4 bør ekspertpanelet indhente synspunkter og oplysninger fra relevante organer, som er nedsat i medfør af disse aftaler, herunder alle relevante tilgængelige fortolkende retningslinjer, konklusioner eller afgørelser vedtaget af disse organer 
(
32
)
.
10.   Ekspertpanelet skal udarbejde en foreløbig rapport til parterne og en endelig rapport med de faktiske omstændigheder, dets vurderinger vedrørende spørgsmålet, herunder om hvorvidt den svarende part har opfyldt sine forpligtelser i henhold til dette kapitel samt begrundelsen for panelets konklusioner, vurderinger og anbefalinger. Ekspertpanelet skal forelægge den foreløbige rapport for parterne senest 120 dage efter, at det sidste panelmedlem er blevet valgt, medmindre andet er fastsat af parterne. Parterne kan fremsætte bemærkninger til ekspertpanelet vedrørende den foreløbige rapport senest 45 dage efter dens forelæggelse. Ekspertpanelet kan efter at have analyseret sådanne bemærkninger tage rapporten op til overvejelse eller foretage yderligere undersøgelser, som det anser for hensigtsmæssige. Ekspertpanelet skal forelægge den endelige rapport til parterne senest 60 dage efter forelæggelsen af den foreløbige rapport. Hver af parterne skal offentliggøre den endelige rapport senest 30 dage efter forelæggelsen.
11.   Fastslås det i ekspertpanelets endelige rapport, at en part ikke har opfyldt sine forpligtelser i henhold til dette kapitel, skal parterne indlede drøftelser og bestræbe sig på senest tre måneder efter forelæggelsen af den endelige rapport at finde passende foranstaltninger eller, hvis det er relevant, fastlægge en gensidigt tilfredsstillende handlingsplan. Parterne skal under disse drøftelser tage hensyn til den endelige rapport. Den svarende part skal rettidigt underrette sine civilsamfundsorganisationer via de i artikel 24.13.5 omhandlede høringsmekanismer og den spørgende part om sin afgørelse om eventuelle tiltag eller foranstaltninger, der skal gennemføres. Udvalget for Handel og Bæredygtig Udvikling skal overvåge opfølgningen af ekspertpanelets endelige rapport og anbefalinger. I denne forbindelse kan civilsamfundsorganisationerne via de i artikel 24.13.5 omhandlede høringsmekanismer og Civilsamfundsforummet fremsætte bemærkninger til Udvalget for Handel og Bæredygtig Udvikling.
12.   Når parterne frem til en gensidigt accepteret løsning på spørgsmålet efter oprettelsen af et ekspertpanel, skal de underrette Udvalget for Handel og Bæredygtig Udvikling og ekspertpanelet om denne løsning. Panelproceduren afsluttes ved modtagelse af en sådan meddelelse.
Artikel 24.16
Tvistbilæggelse
1.   Parterne skal i forbindelse med enhver tvist, der opstår inden for rammerne af dette kapitel, udelukkende anvende de regler og procedurer, der er fastsat i dette kapitel.
2.   Parterne skal udfolde enhver bestræbelse på at finde en gensidigt tilfredsstillende løsning på en tvist. Parterne kan på et hvilket som helst tidspunkt anvende mellemkomst, forlig eller mægling til at afgøre tvisten.
KAPITEL FEMOGTYVE
Bilaterale dialoger og samarbejde
Artikel 25.1
Formål og principper
1.   Parterne er med udgangspunkt i deres veletablerede partnerskab og fælles værdier enige om at fremme samarbejdet om anliggender af fælles interesse, herunder ved at:
a)
styrke bilateralt samarbejde inden for bioteknologi gennem dialogen om bioteknologisk markedsadgang
b)
fremme og lette bilateral dialog og udveksling af oplysninger om spørgsmål vedrørende handel med skovbrugsprodukter gennem den bilaterale dialog om skovbrugsprodukter
c)
bestræbe sig på at etablere og opretholde et effektivt samarbejde om spørgsmål vedrørende råstoffer gennem den bilaterale dialog om råstoffer, og
d)
at tilskynde til forstærket samarbejde om videnskab, teknologi, forskning og innovation.
2.   Medmindre andet er bestemt i denne aftale, skal de bilaterale dialoger finde sted uden unødig forsinkelse efter anmodning fra en af parterne eller Det Blandede CETA-Udvalg. Formandskabet for dialogerne varetages i fællesskab af repræsentanter for Canada og Den Europæiske Union. Mødekalenderen og dagsordenen fastsættes efter aftale mellem formændene.
3.   Formændene for en bilateral dialog skal underrette Det Blandede CETA-Udvalg om mødekalender og dagsorden for enhver bilateral dialog i tilstrækkelig god tid inden møderne. Formændene for en bilateral dialog skal i nødvendigt omfang eller efter anmodning fra Det Blandede CETA-Udvalg aflægge rapport til Det Blandede CETA-Udvalg om resultaterne og konklusionerne af en dialog. Det forhold, at der etableres eller pågår en dialog, er ikke til hinder for, at en part kan indbringe et spørgsmål direkte for Det Blandede CETA-Udvalg.
4.   Det Blandede CETA-Udvalg kan beslutte at ændre eller påtage sig en opgave, der er tildelt en dialog, eller opløse en dialog.
5.   Parterne kan med Det Blandede CETA-Udvalgs samtykke indlede bilateralt samarbejde på andre områder i henhold til denne aftale.
Artikel 25.2
Dialog om bioteknologisk markedsadgang
1.   Parterne er enige om, at det er i deres fælles interesse at samarbejde og udveksle oplysninger om spørgsmål i forbindelse med bioteknologiske produkter. Dette samarbejde og denne udveksling af oplysninger skal finde sted inden for rammerne af den bilaterale dialog om spørgsmål af fælles interesse vedrørende det bioteknologiske landbrugs markedsadgang, som blev oprettet ved den gensidigt accepterede løsning, som den 15. juli 2009 blev opnået mellem Canada og Den Europæiske Union som følge af WTO-tvisten benævnt »
                     
European Communities
 — 
Measures Affecting the Approval and Marketing of Biotech Products
«, WT/DS292. Den bilaterale dialog omfatter alle relevante spørgsmål af fælles interesse for parterne, herunder:
a)
godkendelser af bioteknologiske produkter på parternes territorium og i givet fald kommende ansøgninger om produktgodkendelse af kommerciel interesse for begge parter
b)
de kommercielle og økonomiske udsigter for fremtidige godkendelser af bioteknologiske produkter
c)
handelsmæssige konsekvenser af asynkrone godkendelser af bioteknologiske produkter eller utilsigtet frigivelse af ikke-tilladte produkter, og eventuelle passende foranstaltninger i denne henseende
d)
bioteknologirelaterede foranstaltninger, der kan påvirke handelen mellem parterne, herunder EU-medlemsstaternes foranstaltninger
e)
ny lovgivning inden for bioteknologi, og
f)
bedste praksis i forbindelse med gennemførelsen af lovgivningen om bioteknologi.
2.   Parterne noterer sig også vigtigheden af følgende fælles mål med hensyn til samarbejde inden for bioteknologi:
a)
at udveksle oplysninger om politikker og reguleringsmæssige og tekniske spørgsmål af fælles interesse i tilknytning til bioteknologiske produkter, navnlig oplysninger om deres respektive systemer og procedurer for risikovurdering ved beslutningstagningen om anvendelse af genetisk modificerede organismer
b)
at fremme effektive videnskabeligt baserede godkendelsesprocesser for bioteknologiske produkter
c)
at samarbejde internationalt om spørgsmål vedrørende bioteknologi, såsom lave forekomster af genetisk modificerede organismer, og
d)
at samarbejde på reguleringsområdet for at minimere negative handelsmæssige virkninger af reguleringspraksis vedrørende bioteknologiske produkter.
Artikel 25.3
Bilateral dialog om skovbrugsprodukter
1.   Parterne er enige om, at bilateral dialog, samarbejde og udveksling af oplysninger og synspunkter om relevante love, forskrifter, politikker og spørgsmål af betydning for produktion af, handel med og forbrug af skovbrugsprodukter er af fælles interesse. Parterne er enige om at gennemføre denne dialogen, samarbejdet og udvekslingen inden for rammerne af den bilaterale dialog om skovbrugsprodukter, herunder:
a)
udarbejdelse, vedtagelse og gennemførelse af relevante love, forskrifter, politikker og standarder samt krav til prøvning, certificering og akkreditering og deres potentielle indvirkning på handelen med skovbrugsprodukter mellem parterne
b)
parternes initiativer med hensyn til bæredygtig forvaltning af skove og skovforvaltningspraksis
c)
mekanismer til at sikre, at skovbrugsprodukter stammer fra et lovligt eller bæredygtigt skovbrug
d)
skovprodukters adgang til parternes og andre markeder
e)
perspektiver vedrørende multilaterale og plurilaterale organisationer og processer, hvori de deltager, og som søger at fremme bæredygtig skovforvaltning eller bekæmpelse af ulovlig skovhugst
f)
spørgsmål som omhandlet i artikel 24.10 (handel med skovbrugsprodukter), og
g)
andre spørgsmål vedrørende skovbrugsprodukter som aftalt mellem parterne.
2.   Den bilaterale dialog om skovbrugsprodukter skal træde sammen senest et år efter denne aftales ikrafttræden og derefter i overensstemmelse med artikel 25.1.2.
3.   Parterne er enige om, at drøftelserne i den bilaterale dialog om skovbrugsprodukter kan danne grundlag for drøftelserne i Udvalget for Handel og Bæredygtig Udvikling.
Artikel 25.4
Bilateral dialog om råstoffer
1.   Parterne, som anerkender betydningen af et åbent, ikke-diskriminerende og gennemsigtigt handelsmiljø baseret på regler og videnskab, bestræber sig på at etablere og opretholde et effektivt samarbejde om råstoffer. Med henblik på dette samarbejde omfatter råvarer mineraler, metaller og landbrugsprodukter med en industriel anvendelse.
2.   Den bilaterale dialog om råstoffer omfatter alle relevante spørgsmål af fælles interesse, herunder:
a)
at skabe et forum for drøftelser om samarbejde på råstofområdet mellem parterne, at bidrage til markedsadgang for råstofvarer og relaterede tjenesteydelser og investeringer og at undgå ikke-toldmæssige hindringer for handel med råstoffer
b)
at øge den gensidige forståelse på råstofområdet med henblik på at udveksle oplysninger om bedste praksis og om parternes reguleringspolitikker for råstoffer
c)
at anspore til aktiviteter til støtte for virksomhedernes sociale ansvar i overensstemmelse med internationalt anerkendte standarder såsom OECD's retningslinjer for multinationale selskaber og OECD's due diligence-retningslinjer for ansvarlige forsyningskæder for mineraler fra konfliktramte områder og højrisikoområder, og
d)
i givet fald at befordre konsultation om parternes standpunkter i multilaterale eller plurilaterale fora, hvor spørgsmål vedrørende råstoffer kan rejses og drøftes.
Artikel 25.5
Forstærket samarbejde om videnskab, teknologi, forskning og innovation
1.   Parterne anerkender den indbyrdes afhængighed mellem på den ene side videnskab, teknologi, forskning og innovation og på den anden side international handel og investering i forbindelse med fremme af industriel konkurrenceevne og social og økonomisk velstand.
2.   Med udgangspunkt i denne fælles forståelse er parterne enige om at styrke deres samarbejde inden for videnskab, teknologi, forskning og innovation.
3.   Parterne skal bestræbe sig på at fremme, udvikle og lette samarbejdsaktiviteter på et gensidigt grundlag til støtte for eller som supplement til 
aftalen om videnskabeligt og teknologisk samarbejde mellem Det Europæiske Fællesskab og Canada
, indgået den 17. juni 1995 i Halifax. Parterne er enige om at udføre disse aktiviteter på grundlag af følgende principper:
a)
aktiviteterne er til gensidig fordel for parterne
b)
parterne er enige om aktiviteternes omfang og parametre, og
c)
aktiviteterne bør tage hensyn til den vigtige rolle, som den private sektor og forskningsinstitutionerne spiller i udviklingen inden for videnskab, teknologi, forskning og innovation og i markedsføring af varer og tjenesteydelser i tilknytning hertil.
4.   Parterne anerkender også betydningen af et forstærket samarbejde inden for videnskab, teknologi, forskning og innovation, såsom aktiviteter, der tages initiativ til, udvikles og udføres af en række forskellige interessenter, herunder Canadas føderale regering, de canadiske provinser og territorier, Den Europæiske Union og dens medlemsstater.
5.   Hver af parterne skal i overensstemmelse med deres lovgivning tilskynde til, at den private sektor, forskningsinstitutioner og civilsamfundet på deres territorium deltager i aktiviteter for at forstærke samarbejdet.
KAPITEL SEKSOGTYVE
Administrative og institutionelle bestemmelser
Artikel 26.1
Det Blandede CETA-Udvalg
1.   Parterne opretter hermed Det Blandede CETA-Udvalg bestående af repræsentanter for Den Europæiske Union og repræsentanter for Canada. Formandskabet for Det Blandede CETA-Udvalg varetages i fællesskab af Canadas minister for international handel og det medlem af Europa-Kommissionen, der har ansvaret for handel, eller af deres respektive stedfortrædere.
2.   Det Blandede CETA-Udvalg træder sammen en gang om året eller efter anmodning fra en af parterne. Det Blandede CETA-Udvalg fastsætter selv sin mødekalender og dagsorden.
3.   Det Blandede CETA-Udvalg er ansvarligt for alle spørgsmål vedrørende handel og investeringer mellem parterne og gennemførelsen og anvendelsen af denne aftale. En part kan til Det Blandede CETA-Udvalg henvise ethvert spørgsmål vedrørende gennemførelsen og fortolkningen af denne aftale eller ethvert andet spørgsmål vedrørende handel og investeringer mellem parterne.
4.   Det Blandede CETA-Udvalg skal:
a)
føre tilsyn med og befordre gennemførelsen og anvendelsen af denne aftale og fremme dens generelle mål
b)
føre tilsyn med arbejdet i alle specialudvalg og andre organer, der nedsættes i henhold til denne aftale
c)
uden at dette berører kapitel otte (investering), toogtyve (handel og bæredygtig udvikling), treogtyve (handel og arbejdsmarked), fireogtyve (handel og miljø) og niogtyve (tvistbilæggelse) søge passende måder og metoder til at forhindre problemer, som måtte opstå på områder, der er omfattet af denne aftale, eller til løsning af eventuelle tvister vedrørende fortolkningen eller anvendelsen af denne aftale
d)
selv vedtage sin forretningsorden
e)
træffe afgørelser som angivet i artikel 26.3, og
f)
drøfte andre relevante spørgsmål vedrørende et forhold, der er omfattet af denne aftale.
5.   Det Blandede CETA-Udvalg kan:
a)
delegere beføjelser til de specialudvalg, som er nedsat i medfør af artikel 26.2
b)
kommunikere med alle berørte parter, herunder den private sektor og civilsamfundsorganisationer
c)
overveje eller blive enige om ændringer som omhandlet i denne aftale
d)
undersøge udviklingen i handelen mellem parterne og overveje, hvordan handelsforbindelserne mellem parterne kan styrkes yderligere
e)
vedtage fortolkninger af denne aftales bestemmelser, som er bindende for retter, der er oprettet i henhold til kapitel otte, afdeling F, (bilæggelse af investeringstvister mellem investorer og stater) og kapitel niogtyve (tvistbilæggelse)
f)
komme med egnede anbefalinger til at fremme udvidelsen af handel og investering som omhandlet i denne aftale
g)
ændre eller påtage sig de opgaver, der er tildelt de specialudvalg, som er nedsat i medfør af artikel 26.2, eller opløse ethvert af disse specialudvalg
h)
etablere specialudvalg og bilaterale dialoger til at bistå sig i udførelsen af sine opgaver, og
i)
træffe alle andre foranstaltninger, som parterne beslutter, i forbindelse med udøvelsen af sine opgaver.
Artikel 26.2
Specialudvalg
1.   Hermed nedsættes følgende specialudvalg eller gives for så vidt angår Det Blandede Toldsamarbejdsudvalg, der er omhandlet i litra c), bemyndigelse til at handle under Det Blandede CETA-Udvalg:
a)
Udvalget for Varehandel, som behandler spørgsmål vedrørende handel med varer, takster, tekniske handelshindringer, protokollen om gensidig accept af resultaterne af overensstemmelsesvurdering og intellektuelle ejendomsrettigheder vedrørende varer. Efter anmodning fra en part, efter henvisning fra det relevante specialudvalg eller i forbindelse med det forberedende arbejde forud for drøftelserne i Det Blandede CETA-Udvalg kan Udvalget for Varehandel også behandle spørgsmål, der opstår vedrørende oprindelsesregler, oprindelsesprocedurer, told- og handelslettelser og grænseforanstaltninger, sundheds- og plantesundhedsforanstaltninger, offentlige udbud eller reguleringssamarbejde, hvis dette befordrer løsningen af et spørgsmål, som ellers ikke kan løses af det relevante specialudvalg. Udvalget for Landbrug, Udvalget for Vin og Spiritus og Den Blandede Sektorgruppe for Farmaceutiske Produkter skal også være nedsat under og rapportere til Udvalget for Varehandel
b)
Udvalget for Tjenesteydelser og Investeringer, som behandler spørgsmål vedrørende grænseoverskridende handel med tjenesteydelser, investering, midlertidig indrejse, elektronisk handel og intellektuel ejendomsret i forbindelse med tjenesteydelser. Efter anmodning fra en part, efter henvisning fra det relevante specialudvalg eller i forbindelse med det forberedende arbejde forud for drøftelserne i Det Blandede CETA-Udvalg kan Udvalget for Tjenesteydelser og Investering også behandle spørgsmål, der opstår vedrørende finansielle tjenesteydelser eller offentlige udbud, hvis dette befordrer løsningen af et spørgsmål, som ellers ikke kan løses af det relevante specialudvalg.
Et Blandet Udvalg for Gensidig Anerkendelse af Erhvervsmæssige Kvalifikationer skal nedsættes under og aflægge rapport til Udvalget for Tjenesteydelser og Investeringer
c)
Det Blandede Toldsamarbejdsudvalg (Toldsamarbejdsudvalget), som blev nedsat i henhold til 1998-
aftalen mellem Det Europæiske Fællesskab og Canada om toldsamarbejde og gensidig bistand i toldspørgsmål
, indgået den 4. december 1997 i Ottawa, og som behandler spørgsmål i forbindelse med nærværende aftale vedrørende oprindelsesregler, oprindelsesprocedurer, told- og handelslettelser, grænseforanstaltninger og midlertidig suspension af præferencetoldbehandling
d)
Det Blandede Forvaltningsudvalg for Sundheds- og Plantesundhedsforanstaltninger, som behandler spørgsmål vedrørende sundheds- og plantesundhedsforanstaltninger
e)
Udvalget for Offentlige Udbud, som behandler spørgsmål vedrørende offentlige udbud
f)
Udvalget for Finansielle Tjenesteydelser, som behandler spørgsmål vedrørende finansielle tjenesteydelser
g)
Udvalget for Handel og Bæredygtig Udvikling, som behandler spørgsmål vedrørende bæredygtig udvikling
h)
Forummet for Reguleringssamarbejde, som behandler spørgsmål vedrørende reguleringssamarbejde, og
i)
CETA-Udvalget for Geografiske Betegnelser, som behandler spørgsmål vedrørende geografiske betegnelser.
2.   De specialudvalg, der er nedsat i henhold til stk. 1, skal fungere i henhold til bestemmelserne i stk. 3-5.
3.   Mandatet og opgaverne for de specialudvalg, der er nedsat i henhold til stk. 1, er yderligere defineret i de denne aftales relevante kapitler og protokoller.
4.   Medmindre andet er fastsat i henhold til denne aftale, eller formændene bestemmer andet, mødes specialudvalgene en gang om året. Der kan afholdes ekstraordinære møder efter anmodning fra en af parterne eller Det Blandede CETA-Udvalg. Formandskabet varetages i fællesskab af repræsentanter for Canada og for Den Europæiske Union. Specialudvalgene fastsætter deres mødekalender og dagsorden efter fælles overenskomst. De fastsætter og ændrer selv deres forretningsorden, hvis de finder det hensigtsmæssigt. Specialudvalgene kan foreslå udkast til afgørelse med henblik på vedtagelse i Det Blandede CETA-Udvalg, eller de kan træffe afgørelse i de i denne aftale anførte tilfælde.
5.   Når et specialudvalg mødes, skal hver af parterne sikre, at alle de kompetente myndigheder for hvert emne på dagsordenen er repræsenteret, således som hver part anser for det hensigtsmæssigt, og at alle spørgsmål kan drøftes på et passende ekspertiseniveau.
6.   Specialudvalgene skal underrette Det Blandede CETA-Udvalg om deres mødekalender og dagsorden i tilstrækkelig god tid forud for deres møder og skal rapportere til Det Blandede CETA-Udvalg om resultaterne og konklusionerne fra hvert af deres møder. Det forhold, at der nedsættes eller findes et specialudvalg, er ikke til hinder for, at en part kan indbringe et spørgsmål direkte for Det Blandede CETA-Udvalg.
Artikel 26.3
Beslutningstagning
1.   Det Blandede CETA-Udvalg er med henblik på opfyldelsen af formålene i denne aftale beføjet til at træffe afgørelse om alle forhold i de i denne aftale anførte tilfælde.
2.   De afgørelser, der træffes af Det Blandede CETA-Udvalg, er med forbehold for eventuelt nødvendige interne procedurer og krav bindende for parterne, og parterne skal gennemføre afgørelserne. Det Blandede CETA-Udvalg kan også fremsætte passende henstillinger.
3.   Det Blandede CETA-Udvalg skal træffe afgørelser og vedtage henstillinger ved fælles overenskomst.
Artikel 26.4
Udveksling af oplysninger
Når en part forelægger oplysninger, der betragtes som fortrolige, eller som i henhold til dens lovgivning er beskyttet mod videregivelse, for Det Blandede CETA-Udvalg eller andre specialudvalg, som er nedsat i medfør af denne aftale, skal den anden part behandle de pågældende oplysninger som fortrolige.
Artikel 26.5
CETA-kontaktpunkter
1.   Hver part skal straks udpege et CETA-kontaktpunkt og give den anden part meddelelse herom senest 60 dage efter denne aftales ikrafttræden.
2.   CETA-kontaktpunkterne skal:
a)
overvåge arbejdet i alle institutionelle organer, der er nedsat ved denne aftale, herunder meddelelser vedrørende organer, der måtte træde i stedet for de første organer
b)
koordinere det forberedende arbejde forud for udvalgsmøder
c)
i givet fald følge op på eventuelle afgørelser truffet af Det Blandede CETA-Udvalg
d)
medmindre andet er fastsat i denne aftale modtage alle meddelelser og oplysninger, der indgives i henhold til denne aftale, og, hvis det er nødvendigt, befordre kommunikationen mellem parterne vedrørende spørgsmål, der er omfattet af denne aftale
e)
besvare alle anmodninger om oplysninger i henhold til artikel 27.2 (afgivelse af oplysninger), og
f)
efter bemyndigelse fra Det Blandede CETA-Udvalg drøfte andre spørgsmål, der måtte berøre anvendelsen af denne aftale.
3.   CETA-kontaktpunkterne skal kommunikere i det omfang, det er nødvendigt.
Artikel 26.6
Møder
1.   Møder som omhandlet i dette kapitel bør afholdes ved personligt fremmøde. Parterne kan også aftale at mødes via video- eller telekonference.
2.   Parterne skal bestræbe sig på at mødes senest 30 dage efter, at en part modtager en anmodning om at mødes fra den anden part.
KAPITEL SYVOGTYVE
Gennemsigtighed
Artikel 27.1
Offentliggørelse
1.   Hver af parterne skal sikre, at deres love, forskrifter, procedurer og alment gældende administrative afgørelser vedrørende ethvert anliggende, der er omfattet af denne aftale, straks offentliggøres eller stilles til rådighed på en sådan måde, at det er muligt for interesserede personer og den anden part at gøre sig bekendt dermed.
2.   Hver af parterne skal så vidt muligt:
a)
på forhånd offentliggøre sådanne foranstaltninger, som de agter at vedtage, og
b)
give interesserede personer og den anden part rimelig mulighed for at fremsætte bemærkninger til sådanne foreslåede foranstaltninger.
Artikel 27.2
Afgivelse af oplysninger
1.   En part skal efter anmodning fra den anden part så vidt muligt straks forelægge oplysninger og besvare spørgsmål vedrørende enhver allerede gældende eller planlagt foranstaltning, som i væsentlig grad kan påvirke anvendelsen af denne aftale.
2.   Oplysninger, der afgives i henhold til denne artikel, berører ikke spørgsmålet om, hvorvidt foranstaltningen er i overensstemmelse med denne aftale.
Artikel 27.3
Administrative procedurer
For at administrere en alment gældende foranstaltning, der berører spørgsmål, som er omfattet af denne aftale, på en ensartet, upartisk og rimelig måde, skal hver part i forbindelse med sine administrative procedurer, hvor foranstaltninger som omhandlet i artikel 27.1 anvendes over for en bestemt person eller bestemte varer eller tjenesteydelser fra den anden part i en bestemt sag, sikre:
a)
at en person fra den anden part, der er direkte berørt af en procedure, i overensstemmelse med de interne procedurer så vidt muligt gives et rimeligt varsel om indledningen af en procedure, herunder en beskrivelse af procedurens art, en angivelse af den retlige myndighed, under hvilken proceduren indledes, og en generel gennemgang af de omtvistede spørgsmål
b)
at personer som omhandlet i litra a) gives rimelig mulighed for at fremlægge oplysninger og argumenter til støtte for deres synspunkter forud for enhver endelig administrativ handling, når det er muligt under hensyn til eventuelle tidsbegrænsninger, procedurens art og offentlighedens interesse, og
c)
at proceduren gennemføres i overensstemmelse med dens lovgivning.
Artikel 27.4
Prøvelse og appel
1.   Hver af parterne skal oprette eller opretholde domstole, domstolslignende instanser eller forvaltningsdomstole eller tilsvarende procedurer med henblik på omgående prøvelse og, hvis det er berettiget, afhjælpning af endelige administrative handlinger vedrørende forhold, der er omfattet af denne aftale. Hver af parterne skal sikre, at sådanne domstole, instanser eller forvaltningsdomstole er upartiske og uafhængige af det kontor eller den myndighed, der har ansvaret for den administrative håndhævelse, og at de ikke har en væsentlig interesse i sagens udfald.
2.   Parterne skal sikre, at sagens parter ved sådanne domstole, instanser eller forvaltningsdomstole eller i sådanne procedurer, jf. stk. 1, har adgang til:
a)
en rimelig mulighed for at underbygge eller forsvare deres respektive synspunkter, og
b)
en afgørelse baseret på bevismateriale og forelagte aktstykker eller, hvis det kræves efter partens lovgivning, de af den administrative myndighed indsamlede aktstykker.
3.   Parterne skal med forbehold af appel eller yderligere prøvelse i henhold til deres lovgivning sikre, at sådanne afgørelser gennemføres af de kontorer eller myndigheder, der håndhæver den pågældende administrative handling, og er bestemmende for de pågældende kontorers eller myndigheders praksis med hensyn hertil.
Artikel 27.5
Samarbejde om at fremme øget gennemsigtighed
Parterne er enige om at samarbejde i bilaterale, regionale og multilaterale fora om, hvorledes gennemsigtigheden i forbindelse med international handel og internationale investeringer kan fremmes.
KAPITEL OTTEOGTYVE
Undtagelser
Artikel 28.1
Definitioner
I dette kapitel forstås ved:
opholdssted
: skattemæssigt hjemsted
beskatningsoverenskomst
: en overenskomst til undgåelse af dobbeltbeskatning eller andre internationale skatteaftaler eller -ordninger, og
skat
 og 
skatteforanstaltning
: en punktafgift, men ikke:
a)
en told som defineret i artikel 1.1 (generelle definitioner), og
b)
en foranstaltning som anført under undtagelser i litra b) eller c) i definitionen af »told« i artikel 1.1 (generelle definitioner).
Artikel 28.2
Partspecifikke definitioner
I dette kapitel forstås ved:
konkurrencemyndighed
:
a)
for så vidt angår Canada Commissioner of Competition, eller hvem der måtte træde i stedet herfor, og som er meddelt til den anden part via CETA-kontaktpunkterne, og
b)
for så vidt angår Den Europæiske Union Kommissionen for Den Europæiske Union for så vidt angår dennes forpligtelser i henhold til Den Europæiske Unions konkurrencelovgivning
konkurrencelovgivning
:
a)
for så vidt angår Canada 
Competition Act
, R.S.C. 1985, c. C-34, og
b)
for så vidt angår Den Europæiske Union artikel 101, 102 og 106 i 
traktaten om Den Europæiske Unions funktionsmåde
 af 13. december 2007, Rådets forordning (EF) nr. 139/2004 af 20. januar 2004 om kontrol med fusioner og virksomhedsovertagelser samt deres gennemførelsesforordninger eller ændringer, og
oplysninger, der er beskyttede i henhold til intern konkurrencelovgivning
:
a)
for så vidt angår Canada oplysninger omfattet af Section 29 i 
Competition Act
, R.S.C. 1985, c. C-34, og
b)
for så vidt angår Den Europæiske Union oplysninger omfattet af artikel 28 i Rådets forordning (EF) nr. 1/2003 af 16. december 2002 om gennemførelse af konkurrencereglerne i traktatens artikel 81 og 82 eller artikel 17 i Rådets forordning (EF) nr. 139/2004 af 20. januar 2004 om kontrol med fusioner og virksomhedsovertagelser.
Artikel 28.3
Generelle undtagelser
1.   Med henblik på artikel 30.8.5 (ophør, suspension eller inkorporering af andre allerede gældende aftaler), kapitel to (national behandling og markedsadgang for varer), fem (sundheds- og plantesundhedsforanstaltninger) og seks (told- og handelslettelser), protokollen om oprindelsesregler og oprindelsesprocedurer samt afdeling B (oprettelse af investeringer) og C (ikke-diskriminerende behandling) i kapitel otte (investering) er artikel XX i GATT 1994 inkorporeret i og gjort til en del af nærværende aftale. Parterne er enige om, at de i artikel XX, litra b), i GATT 1994 omhandlede foranstaltninger omfatter miljømæssige foranstaltninger, der er nødvendige for at beskytte menneskers, dyrs eller planters liv eller sundhed. Parterne er enige om, at artikel XX, litra g), i GATT 1994 finder anvendelse på foranstaltninger til bevarelse af levende og ikke-levende udtømmelige naturressourcer.
2.   Med henblik på kapitel ni (grænseoverskridende handel med tjenesteydelser), ti (fysiske personers midlertidige indrejse og ophold i forretningsøjemed), tolv (intern regulering), tretten (finansielle tjenesteydelser), fjorten (internationale søtransporttjenesteydelser), femten (telekommunikation), seksten (elektronisk handel) samt afdeling B (oprettelse af investeringer) og C (ikke-diskriminatorisk behandling) i kapitel otte (investering) og med forbehold af kravet om, at sådanne foranstaltninger ikke anvendes på en måde, der udgør en vilkårlig eller uberettiget forskelsbehandling mellem parterne, hvor samme forhold gør sig gældende, eller en skjult begrænsning af handelen med tjenesteydelser, må intet i denne aftale fortolkes således, at det forhindrer en parts vedtagelse eller håndhævelse af foranstaltninger, der er nødvendige for at:
a)
beskytte den offentlige sikkerhed eller den offentlige sædelighed eller for opretholdelse af den offentlige orden 
(
33
)
b)
beskytte menneskers, dyrs eller planters liv eller sundhed 
(
34
)
, eller
c)
sikre overholdelse af love eller forskrifter, der ikke er uforenelige med denne aftales bestemmelser, herunder bestemmelserne vedrørende:
i)
forebyggelse af vildledende eller svigagtig praksis eller til at håndtere følgerne af misligholdelse af kontrakter
ii)
beskyttelse af privatlivets fred i forbindelse med behandling og videregivelse af personoplysninger og beskyttelse af fortroligheden af personlige registre og konti, eller
iii)
sikkerhed.
Artikel 28.4
Midlertidige beskyttelsesforanstaltninger i forbindelse med kapitalbevægelser og betalinger
1.   Under ganske særlige omstændigheder, hvor kapitalbevægelser og betalinger, herunder overførsler, forvolder eller truer med at medføre alvorlige vanskeligheder for Den Europæiske Unions Økonomiske og Monetære Unions funktion, kan Den Europæiske Union indføre de beskyttelsesforanstaltninger, der er strengt nødvendige for at afhjælpe sådanne vanskeligheder, i en periode på højst 180 dage.
2.   Foranstaltninger truffet af Den Europæiske Union i henhold til stk. 1 må ikke udgøre et middel til vilkårlig eller uberettiget forskelsbehandling af Canada eller Canadas investorer i forhold til et tredjeland eller tredjelandsinvestorer. Den Europæiske Union skal straks underrette Canada herom og hurtigst muligt forelægge en tidsplan for afskaffelse af sådanne foranstaltninger.
Artikel 28.5
Restriktioner i tilfælde af alvorlige betalingsbalanceproblemer og udefra kommende finansielle vanskeligheder
1.   Når Canada eller en EU-medlemsstat, som ikke er medlem af Den Europæiske Monetære Union er udsat for alvorlige betalingsbalanceproblemer, udefra kommende finansielle vanskeligheder eller en trussel herom, kan Canada eller den pågældende EU-medlemsstat indføre eller opretholde restriktive foranstaltninger med hensyn til kapitalbevægelser eller betalinger, herunder overførsler.
2.   De i stk. 1 omhandlede foranstaltninger:
a)
må ikke medføre, at en part behandles mindre gunstigt end et tredjeland i tilsvarende situationer
b)
skal være i overensstemmelse med de relevante artikler i 
overenskomsten om Den Internationale Valutafond
, indgået den 22. juli 1944 i Bretton Woods
c)
skal undgå at forårsage unødvendig skade på en parts kommercielle, økonomiske og finansielle interesser
d)
skal være midlertidige og afskaffes gradvist, efterhånden som den i stk. 1 angivne situation forbedres, og må højst vare i 180 dage. Opstår der imidlertid helt usædvanlige omstændigheder, som gør, at en part ønsker at forlænge beskyttelsesforanstaltningerne ud over perioden på 180 dage, konsulterer parten på forhånd den anden part om gennemførelsen af en eventuel periodeforlængelse.
3.   En part kan med hensyn til handel med varer indføre restriktive foranstaltninger for at beskytte sin betalingsbalance eller eksterne finansielle position. Sådanne foranstaltninger skal være i overensstemmelse med GATT 1994 og den 
forståelse vedrørende betalingsbalancebestemmelserne i den almindelige overenskomst om told og udenrigshandel
, der er indeholdt i bilag 1A til WTO-overenskomsten.
4.   En part kan med hensyn til handel med tjenesteydelser indføre restriktive foranstaltninger for at beskytte sin betalingsbalance eller eksterne finansielle position. Sådanne foranstaltninger skal være i overensstemmelse med GATS.
5.   Indfører eller opretholder en part en foranstaltning som omhandlet i stk. 1, skal parten straks underrette den anden part og hurtigst muligt forelægge en tidsplan for foranstaltningens afskaffelse.
6.   Indføres eller opretholdes der restriktioner i henhold til denne artikel, skal der straks afholdes konsultationer mellem parterne i Det Blandede CETA-Udvalg, forudsat at sådanne konsultationer ikke på anden vis finder sted på i et forum uden for denne aftale. Der skal ved konsultationerne i henhold til dette stykke foretages en vurdering af de betalingsbalancevanskeligheder eller eksterne finansielle vanskeligheder, der førte til de respektive foranstaltninger, under hensyntagen til bl.a.:
a)
vanskelighedernes art og omfang
b)
det eksterne økonomiske og handelsmæssige miljø, eller
c)
muligheden for alternative afhjælpende foranstaltninger.
7.   Ved konsultationerne i henhold til stk. 6 undersøges de restriktive foranstaltningers forenelighed med stk. 1-4. Parterne skal acceptere alle resultater af statistisk eller anden art, der forelægges af Den Internationale Valutafond (»IMF«) vedrørende udenlandsk valuta, monetære reserver og betalingsbalance, og deres konklusioner skal være baseret på IMF's vurdering af den pågældende parts betalingsbalancesituation og eksterne finansielle situation.
Artikel 28.6
National sikkerhed
Intet i denne aftale må fortolkes således, at:
a)
en part pålægges at fremlægge eller give adgang til oplysninger, hvis den pågældende part fastslår, at videregivelsen af disse oplysninger ville stride mod dens væsentlige sikkerhedsinteresser, eller
b)
en part forhindres i at foretage en handling, som den anser for nødvendig af hensyn til beskyttelsen af sine væsentlige sikkerhedsinteresser:
i)
i forbindelse med fremstilling af eller handel med våben, ammunition og krigsudstyr og i forbindelse med handel og transaktioner med andre varer og materialer, tjenesteydelser og teknologi, og økonomiske aktiviteter, der udføres direkte eller indirekte med henblik på levering til militære eller andre sikkerhedsmæssige formål 
(
35
)
ii)
i krigstid eller andre internationale krisetilstande, eller
iii)
vedrørende fissions- og fusionsmaterialer eller materialer, af hvilke disse udvindes, eller
c)
en part forhindres i at foretage en handling for at efterkomme sine internationale forpligtelser med henblik på at opretholde mellemfolkelig fred og sikkerhed.
Artikel 28.7
Beskatning
1.   Intet i nærværende aftale må fortolkes således, at det forhindrer en part i at indføre eller opretholde skatteforanstaltninger, der differentierer mellem personer, der ikke er i den samme situation, navnlig med hensyn til deres opholdssted eller med hensyn til det sted, hvor de har investeret deres kapital.
2.   Intet i nærværende aftale må fortolkes således, at det forhindrer en part i at indføre eller opretholde skatteforanstaltninger, som har til formål at forebygge skatteundgåelse eller -unddragelse i henhold til sin skattelovgivning eller skatteoverenskomster.
3.   Nærværende aftale berører ikke en parts rettigheder og forpligtelser i henhold til en beskatningsoverenskomst. I tilfælde af uoverensstemmelse mellem nærværende aftale og en beskatningsoverenskomst går den på gældende overenskomst forud i nødvendigt omfang.
4.   Intet i nærværende aftale eller i ordninger vedtaget på grundlag af nærværende aftale finder anvendelse på:
a)
en parts skatteforanstaltning, som giver et selskab eller en aktionær i et selskab en mere gunstig skattemæssig behandling med den begrundelse, at selskabet helt eller delvis ejes eller kontrolleres direkte eller indirekte af en eller flere investorer, der er hjemmehørende i den pågældende part
b)
en parts skatteforanstaltning, som giver en fordel i forbindelse med bidrag til eller indkomst fra en ordning om fritagelse fra eller henstand for skat til pensioner, fratrædelse, opsparing, uddannelse, helbred, handicap eller andre lignende formål, på betingelse af, at den pågældende part vedvarende opretholder jurisdiktion over sådanne ordninger
c)
en parts skatteforanstaltning, som giver en fordel i forbindelse med køb eller forbrug af en bestemt tjenesteydelse, på betingelse af, at ydelsen leveres på den pågældende parts territorium
d)
en parts skatteforanstaltning, der har til formål at sikre en retfærdig eller effektiv pålæggelse eller opkrævning af skatter, herunder en foranstaltning, som er truffet af en part for at sikre efterlevelse af partens skattesystem
e)
en skatteforanstaltning, der giver en fordel til en regering, en del af en regering eller en person, der er direkte eller indirekte ejet, kontrolleret eller oprettet af en regering
f)
en allerede gældende uforenelig skatteforanstaltning, der ikke på anden vis er omfattet af stk. 1, 2 og 4, litra a)-e), en fortsat anvendelse eller en omgående fornyelse af en sådan foranstaltning eller en ændring af en sådan foranstaltning, forudsat at ændringen ikke gør den endnu mere uforenelig med bestemmelserne i denne aftale, end den var umiddelbart før ændringen.
5.   Det præciseres, at det forhold, at en skatteforanstaltning udgør en betydelig ændring af en allerede gældende skatteforanstaltning, får øjeblikkelig virkning fra meddelelsen herom, præciserer den påtænkte anvendelse af en allerede gældende skatteforanstaltning eller har en utilsigtet indvirkning på en investor eller en omfattet investering, ikke i sig selv udgør en overtrædelse af artikel 8.10 (behandling af investorer og omfattede investeringer).
6.   Artikel 8.7 (mestbegunstigelsesbehandling), 9.5 (mestbegunstigelsesbehandling) og 13.4 (mestbegunstigelsesbehandling) finder ikke anvendelse på en fordel, der indrømmes af en part i henhold til en beskatningsoverenskomst.
7.
a)
Indgiver en investor en konsultationsanmodning i henhold til artikel 8.19 (konsultationer) med påstand om, at en skatteforanstaltning tilsidesætter en forpligtelse i henhold til afdeling C (ikke-diskriminerende behandling) eller D (investeringsbeskyttelse) i kapitel otte (investering), kan den indklagede indbringe til konsultation og fælles afgørelse mellem parterne om, hvorvidt:
i)
foranstaltningen er en skatteforanstaltning
ii)
foranstaltningen, såfremt det konstateres, at det er en skatteforanstaltning, tilsidesætter en forpligtelse i henhold til afdeling C (ikke-diskriminerende behandling) eller D (investeringsbeskyttelse) i kapitel otte (investering), eller
iii)
der er en uoverensstemmelse mellem de forpligtelser i denne aftale, der hævdes at være blevet tilsidesat, og forpligtelserne i en beskatningsoverenskomst.
b)
En indbringelse i henhold til litra a) kan ikke foretages senere end den dato, retten fastsætter for den indklagedes indgivelse af svarskrift. Foretager den indklagede en sådan indbringelse, suspenderes de perioder eller procedurer, der er fastsat i afdeling F (bilæggelse af investeringstvister mellem investorer og stater) i kapitel otte (investering). Er parterne senest 180 dage efter indbringelsesdatoen ikke enige om at behandle spørgsmålet, eller undlader de at afgive en fælles konstatering, finder suspensionen af frister eller procedurer ikke længere anvendelse, og investoren kan gå videre med sin klage.
c)
En fælles konstatering foretaget af parterne i henhold til litra a) er bindende for retten.
d)
Hver af parterne skal sikre, at deres delegation til de konsultationer, der skal foretages i henhold til litra a), omfatter personer med relevant ekspertise inden for de spørgsmål, der er omfattet af denne artikel, herunder repræsentanter for de relevante skattemyndigheder fra hver part. For så vidt angår Canada er dette embedsmænd fra Department of Finance Canada.
8.   Det præciseres, at der ved:
a)
en parts skatteforanstaltning
 forstås en skatteforanstaltning, der er vedtaget på et hvilket som helst regeringsniveau i en part, og
b)
hjemmehørende i en part
 for så vidt angår foranstaltninger truffet af en subnational regering forstås enten en hjemmehørende i den pågældende subnationale regerings jurisdiktionsområde eller en hjemmehørende i den part, som den subnationale regeringsenhed tilhører.
Artikel 28.8
Videregivelse af oplysninger
1.   Denne aftale forpligter ikke en part til at afgive eller give adgang til oplysninger, hvis offentliggørelse ville forhindre retshåndhævelse, eller hvis videregivelse er forbudt eller begrænset ifølge dens lovgivning.
2.   I forbindelse med en tvistbilæggelsesprocedure i henhold til denne aftale
a)
er en part ikke forpligtet til at afgive eller give adgang til oplysninger, der er beskyttet i henhold til dens konkurrencelovgivning, og
b)
er en konkurrencemyndighed i en part ikke forpligtet til at afgive eller give adgang til oplysninger, der er fortrolige eller på anden måde beskyttet mod videregivelse.
Artikel 28.9
Undtagelser vedrørende kultur
Parterne genkalder sig de undtagelser, der gælder for kultur, som fastsat i de relevante bestemmelser i kapitel syv (subsidier), otte (investering), ni (grænseoverskridende handel med tjenesteydelser), tolv (intern regulering) og nitten (offentlige udbud).
Artikel 28.10
WTO-fritagelser
Hvis en rettighed eller forpligtelse i henhold til denne aftale er en gentagelse af en rettighed eller forpligtelse i henhold til WTO-overenskomsten, er parterne er enige om, at en foranstaltning i overensstemmelse med en fritagelse, der er vedtaget af WTO i henhold til artikel IX i WTO-overenskomsten, også anses for at være i overensstemmelse med den gentagede bestemmelse i nærværende aftale.
KAPITEL NIOGTYVE
Tvistbilæggelse
Afdeling A
Indledende bestemmelser
Artikel 29.1
Samarbejde
Parterne skal til enhver tid bestræbe sig på at enes om fortolkningen og anvendelsen af denne aftale, og de skal gennem samarbejde og konsultationer udfolde enhver bestræbelse på at nå en gensidigt tilfredsstillende løsning på alle spørgsmål, der vil kunne påvirke aftalens anvendelse.
Artikel 29.2
Anvendelsesområde
Medmindre andet er fastsat i denne aftale, finder dette kapitel anvendelse på alle tvister om fortolkningen eller anvendelsen af denne aftales bestemmelser.
Artikel 29.3
Valg af værneting
1.   Anvendelsen af tvistbilæggelsesbestemmelserne i dette kapitel berører ikke muligheden for tvistbilæggelse efter WTO-overenskomsten eller i henhold til enhver anden aftale, som parterne er parter i.
2.   Uanset stk. 1 kan en part, hvis en forpligtelse i det væsentlige er den samme i henhold til denne aftale og WTO-overenskomsten eller i henhold til enhver anden aftale, som parterne er parter i, ikke søge oprejsning for misligholdelse af en sådan forpligtelse i begge værneting. I sådanne tilfælde må parten, når en tvistbilæggelsesprocedure er indledt i henhold til en af aftalerne, ikke indgive en klage med henblik på oprejsning for en misligholdelse af den i det væsentlige tilsvarende forpligtelse i henhold til en anden aftale, medmindre det valgte værneting af andre procedure- eller jurisdiktionsmæssige grunde end opsigelse i henhold til bilag 29-A, punkt 20, undlader at træffe afgørelse vedrørende denne klage.
3.   Med henblik på stk. 2:
a)
anses en tvistbilæggelsesprocedure i henhold til WTO-overenskomsten for at være indledt, når en part anmoder om, at der nedsættes et panel i henhold til artikel 6 i DSU
b)
anses en tvistbilæggelsesprocedure i henhold til dette kapitel for at være indledt, når en part anmoder om, at der nedsættes et voldgiftspanel i henhold til artikel 29.6, og
c)
anses en tvistbilæggelsesprocedure i henhold til enhver anden aftale for at være indledt, når en part anmoder om, at der nedsættes et tvistbilæggelsespanel eller en tvistbilæggelsesret i overensstemmelse med bestemmelserne i den pågældende aftale.
4.   Intet i nærværende aftale forhindrer en part i at gennemføre suspension af forpligtelser, der er tilladt af WTO's tvistbilæggelsesorgan. En part kan ikke påberåbe sig WTO-overenskomsten for at forhindre den anden part i at suspendere forpligtelser i henhold til dette kapitel.
Afdeling B
Konsultationer og mægling
Artikel 29.4
Konsultationer
1.   En part kan skriftligt anmode om konsultationer med den anden part vedrørende ethvert spørgsmål, der er omhandlet i artikel 29.2.
2.   Den spørgende part skal sende anmodningen til den svarende part, og skal redegøre for grundene til anmodningen, herunder identifikation af den foranstaltning, sagen handler om, og retsgrundlaget for klagen.
3.   Med forbehold af stk. 4 skal parterne indlede konsultationer senest 30 dage efter datoen for den svarende parts modtagelse af anmodningen.
4.   I hastende tilfælde, herunder hvis der er tale om letfordærvelige varer eller sæsonvarer eller om tjenesteydelser, som hurtigt mister deres handelsværdi, skal konsultationerne påbegyndes senest 15 dage efter datoen for den svarende parts modtagelse af anmodningen.
5.   Parterne skal udfolde enhver bestræbelse på at finde en gensidigt tilfredsstillende løsning på spørgsmålet gennem konsultationer. Med henblik herpå skal hver af parterne:
a)
afgive tilstrækkelige oplysninger til at muliggøre en fuldstændig undersøgelse af det rejste spørgsmål
b)
beskytte eventuelle fortrolige eller beskyttede oplysninger, der udveksles under konsultationer, efter anmodning fra den part, der har afgivet oplysningerne, og
c)
stille medarbejdere hos deres regeringsorganer eller andre reguleringsorganer, som har ekspertise i det spørgsmål, der er genstand for konsultationerne, til rådighed.
6.   Konsultationerne er fortrolige og berører ikke parternes rettigheder i procedurer i henhold til dette kapitel.
7.   Konsultationer skal finde sted på den svarende parts territorium, medmindre parterne aftaler andet. Konsultationer kan afholdes ved personligt fremmøde eller på enhver anden måde, som parterne aftaler.
8.   En parts foreslåede foranstaltning kan gøres til genstand for konsultationer i henhold til nærværende artikel, men ikke for mægling i henhold til artikel 29.5 eller tvistbilæggelsesprocedurerne i henhold til afdeling C.
Artikel 29.5
Mægling
Parterne kan benytte sig af mægling i forbindelse med en foranstaltning, hvis foranstaltningen har en negativ indvirkning på handelen og investeringerne mellem parterne. Mæglingsprocedurerne er fastsat i bilag 29-C.
Afdeling C
Tvistbilæggelsesprocedurer og efterlevelse
Underafdeling A
Tvistbilæggelsesprocedurer
Artikel 29.6
Anmodning om nedsættelse af et voldgiftspanel
1.   Medmindre parterne aftaler andet, kan den spørgende part, hvis et spørgsmål som omhandlet i artikel 29.4 ikke er løst senest:
a)
45 dage efter datoen for modtagelse af konsultationsanmodningen, eller
b)
25 dage efter datoen for modtagelse af konsultationsanmodningen vedrørende spørgsmål som omhandlet i artikel 29.4.4
indbringe sagen for et voldgiftspanel ved at indgive en skriftlig anmodning om nedsættelse af et voldgiftspanel til den svarende part.
2.   Den spørgende part skal i sin skriftlige anmodning anføre, hvilken foranstaltning sagen drejer sig om, og retsgrundlaget for klagen, herunder en redegørelse for, hvorfor den pågældende foranstaltning er i strid med de i artikel 29.2 omhandlede bestemmelser.
Artikel 29.7
Voldgiftspanelets sammensætning
1.   Voldgiftspanelet skal bestå af tre voldgiftsmænd.
2.   Parterne skal konsultere hinanden med henblik på at nå til enighed om ekspertpanelets sammensætning senest 10 arbejdsdage efter datoen for den svarende parts modtagelse af anmodningen om nedsættelse af et ekspertpanel.
3.   Kan parterne ikke nå til enighed om voldgiftspanelets sammensætning inden for den frist, der er fastsat i stk. 2, kan hver af parterne anmode formanden for Det Blandede CETA-Udvalg eller formandens stedfortræder om ved lodtrækning at udpege voldgiftsmændene fra den liste, der er oprettet i henhold til artikel 29.8. Der udvælges en voldgiftsmand fra den spørgende parts delliste, en fra den svarende parts delliste og en fra dellisten over formænd. Er parterne nået til enighed om en eller flere af voldgiftsmændene, skal en eventuel resterende voldgiftsmand udvælges efter samme procedure fra den relevante delliste over voldgiftsmænd. Er parterne enige om en voldgiftsmand, bortset fra formanden, der ikke er borger i nogen af parterne, skal formanden og den resterende voldgiftsmand udvælges fra dellisten over formænd.
4.   Formanden for Det Blandede CETA-Udvalg eller formandens stedfortræder skal udvælge voldgiftsmændene hurtigst muligt og i almindelighed senest fem arbejdsdage efter en af parternes anmodning som omhandlet i stk. 3. Formanden eller dennes stedfortræder skal give repræsentanter for hver part en rimelig mulighed for at overvære lodtrækningen. Den ene af formændene kan selv foretage udvælgelse ved lodtrækning, hvis den anden formand er blevet orienteret om dato, tidspunkt og sted for udvælgelse ved lodtrækning, men ikke har accepteret at deltage senest fem arbejdsdage efter den i stk. 3 omhandlede anmodning.
5.   Voldgiftspanelet anses for nedsat på den dato, på hvilken den sidste af de tre voldgiftsmænd udvælges.
6.   Er den i artikel 29.8 omhandlede liste ikke udarbejdet, eller omfatter den ikke et tilstrækkeligt antal navne, på det tidspunkt, hvor der fremsættes en anmodning efter stk. 3, udvælges de tre voldgiftsmænd ved lodtrækning blandt de voldgiftsmænd, som den ene eller begge parter har foreslået i overensstemmelse med artikel 29.8.1.
7.   Der foretages kun udskiftning af voldgiftsmænd af de grunde og efter den procedure, der er fastsat i bilag 29-A, punkt 21-25.
Artikel 29.8
Liste over voldgiftsmænd
1.   Det Blandede CETA-Udvalg skal på sit første møde efter denne aftales ikrafttræden opstille en liste over mindst 15 personer, der vælges ud fra deres objektivitet, pålidelighed og dømmekraft, og som er villige og i stand til at fungere som voldgiftsmænd. Listen skal bestå af tre dellister: en delliste for hver part og en delliste over personer, som ikke er borgere i nogen af parterne, og som skal fungere som formænd. Hver delliste skal bestå af mindst fem personer. Det Blandede CETA-Udvalg kan til enhver tid revidere listen og sikrer, at den er i overensstemmelse med denne artikel.
2.   Voldgiftsmændene skal have specialiseret viden inden for international handelsret. De voldgiftsmænd, der fungerer som formænd, skal også have erfaring som juridisk rådgiver eller panelmedlem i tvistbilæggelsesprocedurer vedrørende spørgsmål, der er omfattet af denne aftale. Voldgiftsmændene skal være uafhængige og handle efter deres egen overbevisning og må ikke modtage instrukser fra nogen organisation eller regering eller være tilknyttet en regering i nogen af parterne, ligesom de skal overholde adfærdskodeksen i bilag 29-B.
Artikel 29.9
Foreløbig panelrapport
1.   Voldgiftspanelet skal forelægge parterne en foreløbig rapport senest 150 dage efter nedsættelsen af voldgiftspanelet. Rapporten skal indeholde:
a)
de faktiske omstændigheder, og
b)
vurderinger af, hvorvidt den svarende part har opfyldt sine forpligtelser i henhold til denne aftale.
2.   Hver af parterne kan med forbehold af eventuelle frister, der er fastsat af voldgiftspanelet, fremsætte skriftlige bemærkninger til voldgiftspanelet vedrørende den foreløbige rapport. Efter at have behandlet sådanne eventuelle bemærkninger kan voldgiftspanelet:
a)
tage sin rapport op til fornyet overvejelse, eller
b)
foretage enhver yderligere undersøgelse, som det måtte finde hensigtsmæssig.
3.   Voldgiftspanelets foreløbige rapport er fortrolig.
Artikel 29.10
Endelig panelrapport
1.   Medmindre parterne aftaler andet, skal voldgiftspanelet forelægge en rapport i overensstemmelse med dette kapitel. Der skal i den endelige rapport redegøres for de faktiske omstændigheder, anvendeligheden af de relevante bestemmelser i denne aftale og den overordnede begrundelse for de anførte resultater og konklusioner. Voldgiftspanelets kendelse i den endelige voldgiftsrapport skal være bindende for parterne.
2.   Voldgiftspanelet skal forelægge en endelig rapport for parterne og Det Blandede CETA-Udvalg senest 30 dage efter den foreløbige rapport.
3.   Hver part skal offentliggøre den endelige panelrapport, jf. dog bilag 29-A, punkt 39.
Artikel 29.11
Hasteprocedurer
I hastetilfælde, herunder når der er tale om letfordærvelige varer eller sæsonvarer eller om tjenesteydelser, som hurtigt mister deres handelsværdi, skal voldgiftspanelet og parterne udfolde enhver bestræbelse på at fremskynde procedurerne mest muligt. Voldgiftspanelet skal bestræbe sig på at fremlægge en foreløbig rapport til parterne senest 75 dage efter voldgiftspanelets nedsættelse og en endelig rapport senest 15 dage efter den foreløbige rapport. Voldgiftspanelet skal efter anmodning fra en part og senest 10 dage efter modtagelse af anmodningen afsige en foreløbig kendelse om, hvorvidt det anser sagen for at haste.
Underafdeling B
Efterlevelse
Artikel 29.12
Efterlevelse af den endelige panelrapport
Den svarende part skal træffe enhver foranstaltning, som er nødvendig for at efterleve den endelige panelrapport. Den svarende part skal senest 20 dage efter parternes modtagelse af den endelige panelrapport underrette den anden part og Det Blandede CETA-Udvalg om sine hensigter med hensyn til efterlevelse.
Artikel 29.13
Rimelig frist til efterlevelse
1.   Er øjeblikkelig efterlevelse ikke mulig, skal den svarende part senest 20 dage efter parternes modtagelse af den endelige panelrapport underrette den spørgende part og Det Blandede CETA-Udvalg om den frist, der er nødvendig for efterlevelse.
2.   I tilfælde af uenighed mellem parterne om, hvad der er en rimelig frist for efterlevelse af den endelige panelrapport, skal den spørgende part senest 20 dage efter den svarende parts modtagelse af underretningen i henhold til stk. 1 skriftligt anmode voldgiftspanelet om at fastsætte en rimelig frist. Den anden part og Det Blandede CETA-Udvalg skal samtidig underrettes om en sådan anmodning. Voldgiftspanelet skal afsige sin kendelse til parterne og Det Blandede CETA-Udvalg senest 30 dage efter datoen for anmodningen.
3.   Den rimelige frist kan forlænges efter aftale mellem parterne.
4.   Midtvejs i den rimelige frist og på ethvert tidspunkt herefter skal den svarende part efter anmodning fra den spørgende part stille sig til rådighed for at drøfte de skridt, den tager for at efterkomme panelets endelige rapport.
5.   Den svarende part skal, inden den rimelige frist udløber, underrette den anden part og Det Blandede CETA-Udvalg om de foranstaltninger, den har truffet for at efterleve den endelige panelrapport.
Artikel 29.14
Midlertidige retsmidler i tilfælde af manglende efterlevelse
1.   Har:
a)
den svarende part ikke underrettet om sin hensigt om at efterleve den endelige panelrapport, jf. artikel 29.12, eller den frist, der er nødvendig for efterlevelse, jf. artikel 29.13.1
b)
den svarende part ved udløbet af den rimelige frist ikke givet meddelelse om enhver foranstaltning, der er truffet for at efterleve den endelige panelrapport, eller
c)
voldgiftspanelet om efterlevelse, jf. stk. 6, fastslået, at en efterlevelsesforanstaltning er i strid med den pågældende parts forpligtelser i henhold til de i artikel 29.2 omhandlede bestemmelser
er den spørgende part berettiget til at suspendere forpligtelser eller modtage kompensation. Omfanget af annulleringen og forringelsen beregnes fra datoen for meddelelsen af den endelige panelrapport til parterne.
2.   Inden der sker suspension af forpligtelser, skal den spørgende part underrette den svarende part og Det Blandede CETA-Udvalg om sin hensigt herom, herunder omfanget af de forpligtelser, den agter at suspendere.
3.   Medmindre andet er fastsat i denne aftale, kan suspensionen af forpligtelser vedrøre en hvilken som helst bestemmelse, der er omhandlet i artikel 29.2, og skal være begrænset til et omfang, der svarer til den annullering eller forringelse, som den manglende efterlevelse har forårsaget.
4.   Den spørgende part kan gennemføre suspensionen 10 arbejdsdage efter datoen for den svarende parts modtagelse af den i stk. 2 omhandlede underretning, medmindre en part har anmodet om voldgift efter stk. 6 og 7.
5.   Enhver uenighed mellem parterne om, hvorvidt der er truffet en efterlevelsesforanstaltning, om en sådan foranstaltning er i overensstemmelse med de bestemmelser, der er omhandlet i artikel 29.2, (»uenighed om efterlevelse«), eller om, hvorvidt omfanget af suspensionen svarer til omfanget af annullering eller forringelse forårsaget af den manglende efterlevelse (»uenighed om ækvivalens« ), skal indbringes for voldgiftspanelet.
6.   En part kan genindkalde voldgiftspanelet ved at indgive en skriftlig anmodning til voldgiftspanelet, den anden part og Det Blandede CETA-Udvalg. I tilfælde af uenighed om efterlevelse, genindkaldes voldgiftspanelet af den spørgende part. I tilfælde af uenighed om omfanget, genindkaldes voldgiftspanelet af den svarende part. I tilfælde af uenighed om både efterlevelse og ækvivalens skal voldgiftspanelet afsige kendelse om uenigheden om efterlevelse, inden det afsiger kendelse om uenigheden om ækvivalens.
7.   Voldgiftspanelet skal meddele sin kendelse til parterne og Det Blandede CETA-Udvalg henholdsvis:
a)
senest 90 dage efter anmodningen om at genindkalde voldgiftspanelet i tilfælde af uenighed om efterlevelse
b)
senest 30 dage efter anmodningen om at genindkalde voldgiftspanelet i tilfælde af uenighed om ækvivalens
c)
senest 120 dage efter den første anmodning om at genindkalde voldgiftspanelet i tilfælde af uenighed om både efterlevelse og ækvivalens.
8.   Den spørgende part må ikke suspendere forpligtelser, før voldgiftspanelet, der er genindkaldt i henhold til stk. 6 og 7, har afsagt sin kendelse. Enhver suspension skal være forenelig med voldgiftspanelets kendelse.
9.   Suspensionen af forpligtelser skal være midlertidig og må kun anvendes, indtil den foranstaltning, hvorom det er konstateret, at den er i strid med de i artikel 29.2 omhandlede bestemmelser, er trukket tilbage eller ændret således, at den er bragt i overensstemmelse med de nævnte bestemmelser, jf. artikel 29.15, eller indtil parterne har bilagt tvisten.
10.   Den spørgende part kan til enhver tid anmode den svarende part om at fremlægge et tilbud om midlertidig kompensation, hvorefter den svarende part skal fremlægge et sådant tilbud.
Artikel 29.15
Prøvelse af efterlevelsesforanstaltninger, der er truffet efter suspensionen af forpligtelser
1.   Når den svarende part efter den spørgende parts suspension af forpligtelser, træffer foranstaltninger til efterlevelse af den endelige panelrapport, skal den svarende part underrette den anden part og Det Blandede CETA-Udvalg og anmode om, at den spørgende parts suspension af forpligtelser bringes til ophør.
2.   Når parterne ikke til enighed om den meddelte foranstaltnings forenelighed med de i artikel 29.2 omhandlede bestemmelser senest 60 dage efter datoen for modtagelse af meddelelsen, skal den spørgende part skriftligt anmode voldgiftspanelet om at afgøre spørgsmålet. En sådan anmodning skal samtidigt meddeles den anden part og Det Blandede CETA-Udvalg. Den endelige panelrapport skal meddeles parterne og Det Blandede CETA-Udvalg senest 90 dage efter indgivelse af anmodningen. Når voldgiftspanelet frem til, at en efterlevelsesforanstaltning er i overensstemmelse med de i artikel 29.2 omhandlede bestemmelser, skal suspensionen af forpligtelser bringes til ophør.
Afdeling D
Generelle bestemmelser
Artikel 29.16
Procesreglement
Tvistbilæggelsesprocedurerne under dette kapitel finder sted efter reglerne i det i bilag 29-A fastsatte voldgiftsretlige procesreglement, medmindre parterne bestemmer andet.
Artikel 29.17
Almindelig fortolkningsregel
Voldgiftspanelet skal fortolke bestemmelserne i denne aftale i overensstemmelse med folkerettens almindelige fortolkningsregler, herunder de regler, der er fastsat i 
Wienerkonventionen om traktatretten
. Voldgiftspanelet skal ligeledes tage hensyn til relevante fortolkninger, der er vedtaget i rapporter fra paneler og appelinstansen, som er nedsat af WTO's tvistbilæggelsesorgan.
Artikel 29.18
Voldgiftspanelets kendelser
Voldgiftspanelets kendelser kan ikke udvide eller begrænse de rettigheder og forpligtelser, der er fastsat i denne aftale.
Artikel 29.19
Gensidigt accepterede løsninger
Parterne kan til enhver tid finde en gensidigt accepteret løsning på tvister, som er omfattet af dette kapitel. De skal underrette Det Blandede CETA-Udvalg og voldgiftspanelet om enhver sådan løsning. Voldgiftspanelet skal ved modtagelse af underretningen om den gensidigt acceptable løsning afslutte sit arbejde, og proceduren indstilles.
KAPITEL TREDIVE
Afsluttende bestemmelser
Artikel 30.1
Integrerende dele af denne aftale
Protokollerne, bilagene, erklæringerne, de fælles erklæringer, overenskomsterne og fodnoterne til denne aftale udgør en integrerende del heraf.
Artikel 30.2
Ændringer
1.   Parterne kan skriftligt blive enige om at ændre denne aftale. En ændring træder i kraft, når parterne skriftligt har meddelt hinanden, at de har gennemført deres respektive gældende interne krav og procedurer, der er nødvendige for ændringens ikrafttræden, eller på den dato, som parterne er enige om.
2.   Det Blandede CETA-Udvalg kan uanset stk. 1 beslutte at ændre denne aftales protokoller og bilag. Parterne kan godkende Det Blandede CETA-Udvalgs beslutning i overensstemmelse med deres respektive interne krav og procedurer, der er nødvendige for ændringens ikrafttræden. Beslutningen træder i kraft på en dato, der aftales af parterne. Denne procedure finder ikke anvendelse på ændringer af bilag I, II og III og på ændringer af bilagene til kapitel otte (investering), ni (grænseoverskridende handel med tjenesteydelser), ti (fysiske personers midlertidige indrejse og ophold i forretningsøjemed) og tretten (finansielle tjenesteydelser), undtagen for bilag 10-A (liste over EU-medlemsstaternes kontaktpunkter).
Artikel 30.3
Præferenceudnyttelse
Parterne skal i en periode på 10 år efter denne aftales ikrafttræden udveksle kvartalstal på toldpositionsniveauet for HS-kapitel 1-97 om import af varer fra den anden part, som er omfattet af toldsatser og toldpræferencer efter mestbegunstigelsesprincippet i henhold til denne aftale. Medmindre parterne bestemmer andet, vil denne periode blive forlænget i fem år, og den kan efterfølgende forlænges af parterne.
Artikel 30.4
Løbende poster
Parterne skal tillade, at alle betalinger og overførsler på betalingsbalancens løbende poster mellem parterne foretages i en frit konvertibel valuta og i overensstemmelse med artikel VIII i 
overenskomsten om Den Internationale Valutafond
, indgået den 22. juli 1944 i Bretton Woods.
Artikel 30.5
Kapitalbevægelser
Parterne skal konsultere hinanden med henblik på at befordre deres indbyrdes kapitalbevægelser ved en fortsat gennemførelse af deres politikker vedrørende liberaliseringen af betalingsbalancens kapitalposter og ved at støtte en stabil og sikker ramme for langsigtede investeringer.
Artikel 30.6
Private rettigheder
1.   Intet i denne aftale skal fortolkes således, at der opstår rettigheder eller forpligtelser for personer ud over dem, som stiftes mellem parterne i henhold til folkeretten, og ej heller således, at denne aftale kan gøres direkte gældende i parternes interne retsordener.
2.   En part må i sin interne lovgivning give adgang til søgsmål over for den anden part med den begrundelse, at en foranstaltning truffet af den anden part er uforenelig med denne aftale.
Artikel 30.7
Ikrafttræden og midlertidig anvendelse
1.   Parterne skal godkende denne aftale i overensstemmelse med deres respektive interne krav og procedurer.
2.   Denne aftale træder i kraft på den første dag i den anden måned efter den dato, på hvilken parterne skriftligt har meddelt hinanden bekræftelse på, at de har afsluttet deres respektive interne krav og procedurer, eller på en anden dato, som parterne måtte blive enige om.
3.
a)
Parterne kan anvende denne aftale midlertidigt fra den første dag i måneden efter den dato, på hvilken parterne har meddelt hinanden, at deres respektive interne krav og procedurer, der er nødvendige for den midlertidige anvendelse af denne aftale, er afsluttet, eller på en anden dato, som parterne måtte blive enige om.
b)
Agter en part ikke midlertidigt at anvende en bestemmelse i denne aftale, skal den først meddele den anden part, hvilke bestemmelser den ikke vil anvende midlertidigt, og tilbyde omgående at afholde konsultationer. Den anden part kan senest 30 dage efter meddelelsen enten gøre indsigelse, i hvilket tilfælde denne aftale ikke anvendes midlertidigt, eller give sin egen meddelelse om eventuelle tilsvarende bestemmelser i denne aftale, som den ikke agter at anvende midlertidigt. Har den anden part senest 30 dage efter den anden meddelelse gjort indsigelse, anvendes denne aftale ikke midlertidig.
De bestemmelser, der ikke er omfattet af en meddelelse fra en part, anvendes midlertidigt af denne part fra den første dag i den måned, der følger efter den seneste meddelelse, eller på en anden dato, som parterne måtte blive enige om, forudsat at parterne har udvekslet meddelelser i henhold til litra a).
c)
En part kan bringe den midlertidige anvendelse af denne aftale til ophør ved skriftlig meddelelse til den anden part. Et sådant ophør får virkning fra den første dag i den anden måned, der følger efter meddelelsen.
d)
Anvendes denne aftale eller visse bestemmelser heri midlertidigt, skal parterne ved udtrykket »denne aftales ikrafttræden« eller »nærværende aftales ikrafttræden« forstå datoen for aftalens midlertidige anvendelse. Det Blandede CETA-Udvalg og andre organer, der nedsættes i henhold til denne aftale, kan udføre deres hverv under den midlertidige anvendelse heraf. Enhver beslutning, der vedtages i forbindelse med udførelsen af deres hverv, ophører med at have virkning, hvis den midlertidige anvendelse af aftalen bringes til ophør i henhold til litra c).
4.   Canada skal indsende meddelelser i medfør af denne artikel til Generalsekretariatet for Rådet for Den Europæiske Union, eller hvad der måtte træde i stedet herfor. Den Europæiske Union skal indsende meddelelser i medfør af denne artikel til Canadas Department of Foreign Affairs, Trade and Development, eller hvad der måtte træde i stedet herfor.
Artikel 30.8
Ophør, suspension eller inkorporering af andre, allerede gældende aftaler
1.   De i bilag 30-A anførte aftaler ophører med at have virkning, og erstattes og afløses af nærværende aftale. Ophøret af de i bilag 30-A anførte aftaler har virkning fra datoen for nærværende aftales ikrafttræden.
2.   Uanset stk. 1 kan en klage indgives i henhold til en aftale, der er anført i bilag 30-A, i overensstemmelse med de regler og procedurer, der er fastsat i aftalen, hvis:
a)
den behandling, der er genstand for klagen, blev indrømmet, da aftalen ikke var bragt til ophør, og
b)
der ikke er gået mere end tre år siden datoen for aftalens ophør.
3.   
Aftalen mellem Det Europæiske Økonomiske Fællesskab og Canada om handel med alkoholholdige drikkevarer
, indgået den 28. februar 1989 i Bruxelles, som ændret, (»1989-aftalen om alkoholiske drikke«) og 
Aftalen mellem Det Europæiske Fællesskab og Canada om handel med vin og spiritus
, indgået den 16. september 2003 i Niagara-on-the-Lake (»2003-aftalen om vin og spiritus«) er inkorporeret i og gjort til en del af nærværende aftale, som ændret ved bilag 30-B.
4.   Bestemmelserne i 1989-aftalen om alkoholiske drikke eller 2003-aftalen om vin og spiritus, som ændret og inkorporeret i nærværende aftale, går forud i det omfang, der er uoverensstemmelse mellem bestemmelserne i disse aftaler og de øvrige bestemmelser i nærværende aftale.
5.   
Aftalen om gensidig anerkendelse mellem Det Europæiske Fællesskab og Canada
 (»aftalen om gensidig anerkendelse«), indgået den 14. maj 1998 i London, ophører med at have virkning fra datoen for nærværende aftales ikrafttræden. I tilfælde af midlertidig anvendelse af kapitel fire (tekniske handelshindringer) i overensstemmelse med artikel 30.7.3, litra a), suspenderes anvendelsen af aftalen om gensidig anerkendelsesamt de rettigheder og forpligtelser, der følger derfra, fra og med datoen for midlertidig anvendelse. Bringes den midlertidige anvendelse til ophør, bortfalder suspensionen af aftalen om gensidig anerkendelse.
6.   Parterne anerkender de resultater, der er opnået i henhold til 
aftalen mellem Det Europæiske Fællesskab og Canadas regering om sundhedsforanstaltninger til beskyttelse af folke- og dyresundheden i samhandelen med levende dyr og animalske produkter
, indgået den 17. december 1998 i Ottawa (»
veterinæraftalen
«), og bekræfter, at de agter at fortsætte dette arbejde i henhold til nærværende aftale. Veterinæraftalen ophører med at have virkning fra datoen for nærværende aftales ikrafttræden. I tilfælde af midlertidig anvendelse af kapitel fem (sundheds- og plantesundhedsforanstaltninger) i overensstemmelse med artikel 30.7.3, litra a), suspenderes anvendelsen af veterinæraftalen samt de rettigheder og forpligtelser, der følger deraf, fra og med datoen for midlertidig anvendelse. Bringes den midlertidige anvendelse til ophør, bortfalder suspensionen af veterinæraftalen.
7.   Definitionen af »denne aftales ikrafttræden« og »nærværende aftales ikrafttræden« i artikel 30.7.3, litra d), finder ikke anvendelse på nærværende artikel.
Artikel 30.9
Ophør
1.   En part kan opsige denne aftale ved at give skriftlig meddelelse om ophør til Generalsekretariatet for Rådet for Den Europæiske Union og Canadas Department of Foreign Affairs, Trade and Development, eller hvad der måtte træde i stedet herfor. Denne aftale ophører med at have virkning 180 dage efter tidspunktet for den nævnte meddelelse. Den part, der indgiver en meddelelse om ophør, skal også give Det Blandede CETA-Udvalg en kopi af meddelelsen.
2.   Uanset stk. 1 skal bestemmelserne i kapitel otte (investering), i tilfælde af at denne aftale bringes til ophør, fortsat være gældende i en periode på 20 år efter datoen for ophøret af denne aftale for så vidt angår investeringer foretaget før den pågældende dato.
Artikel 30.10
Tiltrædelse af nye medlemsstater af Den Europæiske Union
1.   Den Europæiske Union skal underrette Canada om enhver ansøgning fra et land, der ønsker at tiltræde Den Europæiske Union.
2.   Under forhandlingerne mellem Den Europæiske Union og ansøgerlandet skal Den Europæiske Union:
a)
efter anmodning fra Canada så vidt muligt fremlægge enhver oplysning om et hvilket som helst anliggende, som er omfattet af denne aftale, og
b)
tage hensyn til eventuelle betænkeligheder, som Canada måtte give udtryk for.
3.   Den Europæiske Union skal underrette Canada om ikrafttrædelsen af enhver tiltrædelse af Den Europæiske Union.
4.   Det Blandede CETA-Udvalg skal i tilstrækkelig god tid inden datoen for et lands tiltrædelse af Den Europæiske Union undersøge virkningerne af tiltrædelsen for denne aftale og træffe afgørelse om enhver nødvendig tilpasning eller overgangsforanstaltning.
5.   Nye medlemsstater af Den Europæiske Union skal tiltræde denne aftale fra datoen for deres tiltrædelse af Den Europæiske Union ved en bestemmelse herom i tiltrædelsesakten. Hvis akten om tiltrædelse af Den Europæiske Union ikke automatisk indebærer EU-medlemsstatens tiltrædelse af denne aftale, skal den pågældende EU-medlemsstat tiltræde denne aftale ved at deponere en tiltrædelsesakt til aftalen hos Generalsekretariatet for Rådet for Den Europæiske Union og Canadas Department of Foreign Affairs, Trade and Development, eller hvad der måtte træde i stedet herfor.
Artikel 30.11
Autentiske tekster
Denne aftale er udfærdiget i to eksemplarer på bulgarsk, dansk, engelsk, estisk, finsk, fransk, græsk, italiensk, kroatisk, lettisk, litauisk, maltesisk, nederlandsk, polsk, portugisisk, rumænsk, slovakisk, slovensk, spansk, svensk, tjekkisk, tysk og ungarsk, idet hver af disse tekster har samme gyldighed.
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V Bruselu dne třicátého října dva tisíce šestnáct.
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Geschehen zu Brüssel am dreißigsten Oktober zweitausendsechzehn.
Kahe tuhande kuueteistkümnenda aasta oktoobrikuu kolmekümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις τριάντα Οκτωβρίου δύο χιλιάδες δεκαέξι.
Done at Brussels on the thirtieth day of October in the year two thousand and sixteen.
Fait à Bruxelles, le trente octobre deux mille seize.
Sastavljeno u Bruxellesu tridesetog listopada godine dvije tisuće šesnaeste.
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Magħmul fi Brussell, fit-tletin jum ta’ Ottubru fis-sena elfejn u sittax.
Gedaan te Brussel, dertig oktober tweeduizend zestien.
Sporządzono w Brukseli dnia trzydziestego października roku dwa tysiące szesnastego.
Feito em Bruxelas, em trinta de outubro de dois mil e dezasseis.
Întocmit la Bruxelles la treizeci octombrie două mii șaisprezece.
V Bruseli tridsiateho októbra dvetisícšestnásť.
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Europos Sąjungos vardu
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Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
For Canada
Pour le Canada
(
1
)
  For følgende varer i HS kapitel 89, uanset oprindelse, som genindføres til Canadas territorium fra EU's territorium, og som registreres i henhold til 
Canada Shipping Act 2001
, kan Canada for så vidt angår værdien af reparationen eller ændringen af sådanne varer anvende toldsatsen for sådanne varer i overensstemmelse med toldafviklingsplanen i bilag 2-A (afskaffelse af told): 8901 10 10, 8901 10 90, 8901 30 00, 8901 90 10, 8901 90 91, 8901 90 99, 8904 00 00, 8905 20 19, 8905 20 20, 8905 90 19, 8905 90 90, 8906 90 19, 8906 90 91, 8906 90 99.
(
2
)
  Den Europæiske Union vil gennemføre dette stykke ved anvendelse af proceduren for passiv forædling i forordning (EU) nr. 952/2013 i overensstemmelse med dette stykke.
(
3
)
  Den Europæiske Union vil gennemføre dette stykke ved anvendelse af proceduren for aktiv forædling i forordning (EU) nr. 952/2013 i overensstemmelse med dette stykke.
(
4
)
  Med henblik på denne artikel defineres 
interesserede parter
 som i artikel 6, stk. 11, i antidumpingaftalen og artikel 12, stk. 9, i SCM-aftalen.
(
5
)
  Det præciseres, at forpligtelserne i henhold til dette kapitel finder anvendelse på de eksklusive økonomiske zoner og kontinentalsoklerne, jf. 
De Forenede Nationers havretskonvention
, indgået den 10. december 1982 i Montego Bay:
a)
tilhørende Canada, jf. artikel 1.3, litra a), (geografisk anvendelsesområde), og
b)
som er omfattet af traktaten om Den Europæiske Union og traktaten om Den Europæiske Unions funktionsmåde, jf. artikel 1.3, litra b), (geografisk anvendelsesområde).
(
6
)
  Det præciseres, at en part kan opretholde foranstaltninger med hensyn til oprettelse eller erhvervelse af en omfattet investering og fortsat anvende sådanne foranstaltninger for den omfattede investering, efter at den er blevet oprettet eller erhvervet.
(
7
)
  Disse tjenesteydelser omfatter tjenesteydelser, hvor et luftfartøj anvendes til at udføre særlige aktiviteter i sektorer som landbrug, bygge- og anlægsvirksomhed, fotografering, landmåling, kortlægning, skovbrug, observation og patruljering eller reklame, hvis den særlige aktivitet leveres af den person, der er ansvarlig for luftfartøjets drift.
(
8
)
  Stk. 1, litra a), nr. i), ii) og iii), omfatter ikke foranstaltninger, der træffes for at begrænse produktionen af en landbrugsvare.
(
9
)
  For så vidt angår Den Europæiske Union omfatter »subsidier«
            »statsstøtte« som defineret i EU-retten.
(
10
)
  For så vidt angår Den Europæiske Union er den »kompetente myndighed« Europa-Kommissionen, jf. artikel 108 i traktaten om Den Europæiske Unions funktionsmåde.
(
11
)
  Hver part kan i stedet foreslå at udnævne op til fem medlemmer af en hvilken som helst nationalitet til retten. I dette tilfælde skal disse medlemmer af retten med henblik på dette kapitel betragtes som borgere i den part, der har foreslået deres udnævnelse.
(
12
)
  Det præciseres, at det forhold, at en person modtager vederlag fra en regering, ikke i sig selv udelukker denne person fra at blive valgt.
(
13
)
  Disse tjenesteydelser omfatter tjenesteydelser, hvor et luftfartøj anvendes til at udføre særlige aktiviteter i sektorer som landbrug, bygge- og anlægsvirksomhed, fotografering, landmåling, kortlægning, skovbrug, observation og patruljering eller reklame, hvis den særlige aktivitet leveres af den person, der er ansvarlig for luftfartøjets drift.
(
14
)
  Varigheden af ophold, der er tilladt i henhold til dette kapitel, kan ikke tages i betragtning i forbindelse med en ansøgning om statsborgerskab i en EU-medlemsstat.
(
15
)
  Dette berører ikke de rettigheder, som indrømmes Canada som led i bilaterale visumfritagelser med EU-medlemsstaterne.
(
16
)
  Denne erhvervserfaring skal være opnået, efter at den pågældende har nået myndighedsalderen.
(
17
)
  Er universitetsgraden eller det kompetencegivende bevis ikke opnået i den part, hvor tjenesteydelsen leveres, kan denne part foretage en evaluering af, hvorvidt graden eller beviset svarer til en universitetsgrad som krævet på dens territorium. Med forbehold af forbeholdene i bilag 10-E skal parterne anvende bilag 10-C med henblik på vurderingen af ækvivalens.
(
18
)
  Det præciseres, at den fysiske person skal være beskæftiget af virksomheden med henblik på opfyldelsen af tjenesteydelseskontrakten, i henhold til hvilken der søges om midlertidig indrejse.
(
19
)
  Er universitetsgraden eller det kompetencegivende bevis ikke opnået i den part, hvor tjenesteydelsen leveres, kan denne part foretage en evaluering af, hvorvidt graden eller beviset svarer til en universitetsgrad som krævet på dens territorium. Med forbehold af forbeholdene i bilag 10-E skal parterne anvende bilag 10-C med henblik på vurderingen af ækvivalens.
(
20
)
  Dette berører ikke de rettigheder, som indrømmes som led i bilaterale visumfritagelser med EU-medlemsstaterne.
(
21
)
  Med undtagelse af Malta.
(
22
)
  Dette kapitel finder ikke anvendelse på fiskerfartøjer som defineret i henhold til en parts lovgivning.
(
23
)
  Ved anvendelsen af dette kapitel forstås for så vidt angår Den Europæiske Union ved »at sejle under en parts flag« at sejle under en EU-medlemsstats flag.
(
24
)
  Dette stykke finder ikke anvendelse på fartøjer eller leverandører af internationale søtransporttjenesteydelser, der er omfattet af 
aftalen om havnestatsforanstaltninger, der skal forebygge, afværge og standse ulovligt, urapporteret og ureguleret fiskeri
, indgået den 22. november 2009 i Rom.
(
25
)
  Ved 
ikke-diskriminerende
 forstås en behandling, der ikke er mindre gunstig end den, der indrømmes enhver anden virksomhed ved anvendelse af tilsvarende offentlige telekommunikationsnet eller -tjenesteydelser i lignende situationer.
(
26
)
  Det præciseres, at tildelingen af en licens til et begrænset antal virksomheder med henblik på allokering af en knap ressource gennem objektive, forholdsmæssige og ikke-diskriminerende kriterier ikke i sig selv udgør en særlig rettighed.
(
27
)
  Det engelske udtryk »ammunition« i denne artikel betragtes som synonymt med det engelske udtryk »munition«.
(
28
)
  Det præciseres, at dette stykke også gælder for udtrykket »Feta«.
(
29
)
  Det præciseres, at dette stykke også gælder for udtrykket »Feta«.
(
30
)
  Det præciseres med hensyn til databeskyttelse, at en »kemisk enhed« for så vidt angår Canada omfatter et biologisk eller radioaktivt stof, som er reguleret som et nyt stof i henhold til Canadas fødevare- og lægemiddellovgivning.
(
31
)
  Parterne skal anvende nærværende bestemmelse i overensstemmelse med regel 42 i det i bilag 29-A fastsatte voldgiftsretlige procesreglement.
(
32
)
  Parterne skal anvende nærværende bestemmelse i overensstemmelse med regel 42 i det i bilag 29-A fastsatte voldgiftsretlige procesreglement.
(
33
)
  Undtagelserne vedrørende den offentlige sikkerhed og den offentlige orden må kun påberåbes, hvis der består en reel og tilstrækkelig alvorlig trussel mod en grundlæggende samfundsinteresse.
(
34
)
  Parterne er enige om, at de i litra b) omhandlede foranstaltninger omfatter miljømæssige foranstaltninger, der er nødvendige for at beskytte menneskers, dyrs eller planters liv eller sundhed.
(
35
)
  Udtrykket »handel med våben, ammunition og krigsmateriel« i denne artikel svarer til udtrykket »handel med våben, ammunition og militært udstyr«.
BILAG 2-A
TOLDAFSKAFFELSE
1.
Med henblik på dette bilag, herunder parternes toldafviklingsplaner i dette bilag, forstås ved år 1 den periode, der starter på datoen for denne aftales ikrafttræden og slutter den 31. december i samme kalenderår som det, hvor denne aftale træder i kraft. År 2 starter den 1. januar, der følger efter datoen for denne aftales ikrafttræden, og hver af de efterfølgende toldnedsættelser får virkning fra den 1. januar i hvert af de efterfølgende år.
2.
Medmindre andet er fastsat i dette bilag, afskaffer parterne på datoen for denne aftale ikrafttræden al told på varer med oprindelsesstatus i kapitel 1-97 i det harmoniserede system, for hvilke der er fastsat en mestbegunstigelsestoldsats (MFN-told), ved import fra den anden part.
3.
For varer med oprindelsesstatus fra den anden part, som er opført i parternes toldafviklingsplaner i dette bilag, finder følgende toldafviklingskategorier anvendelse på afskaffelsen af told i de respektive parter, jf. artikel 2.4:
a)
told på varer med oprindelsesstatus, der er omfattet af toldafviklingskategori A i en parts toldafviklingsplan, afskaffes fra og med datoen for denne aftales ikrafttræden
b)
told på varer med oprindelsesstatus, der er omfattet af toldafviklingskategori B i en parts toldafviklingsplan, afvikles i fire lige store etaper, der starter på datoen for denne aftales ikrafttræden, og disse varer er toldfrie med virkning fra den 1. januar i år 4
c)
told på varer med oprindelsesstatus, der er omfattet af toldafviklingskategori C i en parts toldafviklingsplan, afvikles i seks lige store etaper, der starter på datoen for denne aftales ikrafttræden, og disse varer er toldfrie med virkning fra den 1. januar i år 6
d)
told på varer med oprindelsesstatus, der er omfattet af toldafviklingskategori D i en parts toldafviklingsplan, afvikles i otte lige store etaper, der starter på datoen for denne aftales ikrafttræden, og disse varer er toldfrie med virkning fra den 1. januar i år 8.
Det præciseres, at Den Europæiske Union ved opkrævning af told på position 1001 11 00, 1001 19 00, blød hvede af høj kvalitet henhørende under position ex 1001 99 00, 1002 10 00 og 1002 90 00, af en størrelse og på en sådan måde, at importprisen efter told for en bestemt kornsort ikke bliver højere end den faktiske interventionspris (eller hvis det nuværende system ændres, den faktiske støttepris), forhøjet med 55 %, jf. Kommissionens forordning (EU) nr. 642/2010 af 20. juli 2010 om gennemførelsesbestemmelser til Rådets forordning (EF) nr. 1234/2007 
(
1
)
 for så vidt angår importtold for korn, anvender toldafviklingskategorien på den i henhold til ovennævnte forordning beregnede told som følger:
År
Toldsats
1
87,5 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told
2
75 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told
3
62,5 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told
4
50 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told
5
37,5 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told
6
25 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told
7
12,5 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told
8 og alle efterfølgende år
0 % af den i henhold til forordning (EU) nr. 642/2010 beregnede told (toldfrihed)
e)
told på varer med oprindelsesstatus, der er omfattet af toldafviklingskategori S i en parts toldafviklingsplan, afvikles i tre lige store etaper, der starter på femårsdagen for denne aftales ikrafttræden, og disse varer er toldfrie med virkning fra den 1. januar i år 8
f)
værdielementet i tolden på varer med oprindelsesstatus, der er omfattet af toldafviklingskategori »AV0+EP« i en parts toldafviklingsplan, afskaffes fra og med datoen for denne aftales ikrafttræden; toldafskaffelsen gælder kun værditolden; den særlige told, der følger af indgangsprisordningen for disse varer med oprindelsesstatus, opretholdes, og
g)
told på varer med oprindelsesstatus, der er omfattet af toldafviklingskategori E i en parts toldafviklingsplan, afskaffes ikke.
4.
Den basistoldsats, der lægges til grund for fastsættelsen af toldsatsen for en vare i hver etape, er den MFN-toldsats, der var gældende den 9. juni 2009.
5.
Med henblik på toldafskaffelsen i overensstemmelse med artikel 2.4 nedrundes toldsatserne i hver etape mindst til den nærmeste tiendedel af et procentpoint eller, hvis toldsatsen er udtrykt i monetære enheder, mindst til nærmeste tusindedel af partens officielle monetære enhed.
Toldkontingenter
6.
I forbindelse med forvaltningen i år 1 af de toldkontingenter, der oprettes i henhold til denne aftale, beregner parterne kontingentmængden ved fradrag af den pro rata-mængde, der svarer til perioden fra den 1. januar til datoen for denne aftales ikrafttræden. Den således beregnede kontingentmængde stilles til rådighed på datoen for denne aftales ikrafttræden.
Midlertidigt toldkontingent for forarbejdede rejer
7.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TKRejer« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra d), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton
 (
2
)
)
1-7
23 000
b)
Den Europæiske Union:
i)
forvalter dette toldkontingent efter »først til mølle«-princippet
ii)
forvalter dette toldkontingent på kalenderårsbasis, således at hele kontingentmængden stilles til rådighed den 1. januar hvert år, og
iii)
pålægger ingen begrænsning med hensyn til den importerede vares endelige anvendelse som en betingelse for at kunne ansøge om eller udnytte dette toldkontingent.
c)
Tilberedte eller konserverede rejer, der eksporteres fra Canada i henhold til afdeling B i tillæg 1 (Oprindelseskontingenter) til bilag 5 (Produktspecifikke oprindelsesregler) til protokollen om oprindelsesregler og oprindelsesprocedurer, må ikke importeres til Den Europæiske Union under dette toldkontingent.
d)
Litra a) og b) finder anvendelse på forarbejdede rejer, der tariferes under følgende toldpositioner: 1605 29 00, 1605 21 90, ex 0306 16 10, ex 0306 17 10, ex 0306 26 10 og ex 0306 27 10, undtagen i pakninger af nettovægt 2 kg og derunder.
Midlertidigt toldkontingent for frosset torsk
8.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TKTorsk« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra c), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton
 (
3
)
)
1-7
1 000
b)
Den Europæiske Union:
i)
forvalter dette toldkontingent efter »først til mølle«-princippet
ii)
forvalter dette toldkontingent på kalenderårsbasis, således at hele kontingentmængden stilles til rådighed den 1. januar hvert år, og
iii)
pålægger ingen begrænsning med hensyn til den importerede vares endelige anvendelse som en betingelse for at kunne ansøge om eller udnytte dette toldkontingent.
c)
Dette punkt finder anvendelse på frosset torsk, der tariferes under toldposition 0304 71 90 og 0304 79 10.
Midlertidigt toldkontingent for blød hvede af lav og middel kvalitet
9.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TKBH« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra d), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton)
1-7
100 000
b)
Den Europæiske Union forvalter dette toldkontingent i overensstemmelse med Kommissionens forordning (EF) nr. 1067/2008 af 30. oktober 2008.
c)
Ovennævnte samlede toldfrie mængder omfatter fra og med år 1 de 38 853 ton, der er tildelt Canada ved Kommissionens forordning (EF) nr. 1067/2008.
d)
Dette punkt finder anvendelse på blød hvede, bortset fra hvede af høj kvalitet, der tariferes under toldposition ex 1001 99 00.
Toldkontingent for sukkermajs
10.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TKSM« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra c), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton
 (
4
)
)
1
1 333
2
2 667
3
4 000
4
5 333
5
6 667
6 og alle efterfølgende år
8 000
b)
Den Europæiske Union:
i)
forvalter dette toldkontingent efter »først til mølle«-princippet, og
ii)
forvalter dette toldkontingent på kalenderårsbasis, således at hele kontingentmængden stilles til rådighed den 1. januar hvert år.
c)
Dette punkt finder anvendelse på følgende toldpositioner: 0710 40 00 (kun til rådighed i tiden op til afskaffelsen af told på den pågældende vare i henhold til afviklingskategorien herfor i Den Europæiske Unions toldafviklingsplan i dette bilag) og 2005 80 00.
Toldkontingent for bison
11.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TKB3« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra d), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton — slagtekropækvivalent)
1 og alle efterfølgende år
3 000
b)
Ved beregningen af de importerede mængder anvendes omregningsfaktorerne i punkt 21 til at konvertere produktvægt til slagtekropækvivalent.
c)
Den Europæiske Union:
i)
forvalter dette toldkontingent efter »først til mølle«-princippet, og
ii)
forvalter dette toldkontingent på kalenderårsbasis, således at hele kontingentmængden stilles til rådighed den 1. januar hvert år.
d)
Dette punkt finder anvendelse på bison, der tariferes under følgende toldpositioner:
ex 0201 10 00, ex 0201 20 20, ex 0201 20 30, ex 0201 20 50, ex 0201 20 90, ex 0201 30 00, ex 0202 10 00, ex 0202 20 10, ex 0202 20 30, ex 0202 20 50, ex 0202 20 90, ex 0202 30 10, ex 0202 30 50, ex 0202 30 90, ex 0206 10 95, ex 0206 29 91, ex 0210 20 10, ex 0210 20 90, ex 0210 99 51 og ex 0210 99 59.
Toldkontingent for fersk eller kølet oksekød
12.
a)
Varer med oprindelsesstatus i følgende samlede mængder med anmærkningen »TKB1« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra f), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton — slagtekropækvivalent)
1
5 140
2
10 280
3
15 420
4
20 560
5
25 700
6 og alle efterfølgende år
30 840
b)
De samlede årlige toldfrie mængder i tabellen ovenfor forhøjes fra og med år 1 med 3 200 ton produktvægt (4 160 ton slagtekropækvivalent) som følge af anvendelsen af Rådets forordning (EF) nr. 617/2009 af 13. juli 2009 om åbning af et autonomt toldkontingent for import af oksekød af høj kvalitet.
c)
Ved beregningen af de importerede mængder anvendes omregningsfaktorerne i punkt 21 til at konvertere produktvægt til slagtekropækvivalent.
d)
Den Europæiske Union forvalter dette toldkontingent, herunder de yderligere mængder, jf. litra b), enten gennem en importlicensordning, jf. erklæringen om forvaltning af toldkontingenter, eller som aftalt på anden måde mellem parterne.
e)
Uanset litra d) finder punkt 19 og 20 anvendelse på nærværende punkt.
f)
Nærværende punkt finder anvendelse på oksekød, der tariferes under følgende toldpositioner:
ex 0201 10 00, ex 0201 20 20, ex 0201 20 30, ex 0201 20 50, ex 0201 20 90, ex 0201 30 00 og ex 0206 10 95.
Toldkontingent for frosset eller ikke-frosset oksekød
13.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TKB2« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra e), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton — slagtekropækvivalent)
1
2 500
2
5 000
3
7 500
4
10 000
5
12 500
6 og alle efterfølgende år
15 000
b)
Ved beregningen af de importerede mængder anvendes omregningsfaktorerne i punkt 21 til at konvertere produktvægt til slagtekropækvivalent.
c)
Den Europæiske Union forvalter dette toldkontingent, enten gennem en importlicensordning, jf. erklæringen om forvaltning af toldkontingenter, eller som aftalt på anden måde mellem parterne.
d)
Uanset litra c) finder punkt 19 og 20 anvendelse på nærværende punkt.
e)
Dette punkt finder anvendelse på oksekød, der tariferes under følgende toldpositioner:
ex 0202 10 00, ex 0202 20 10, ex 0202 20 30, ex 0202 20 50, ex 0202 20 90, ex 0202 30 10, ex 0202 30 50, ex 0202 30 90, ex 0206 29 91, ex 0210 20 10, ex 0210 20 90, ex 0210 99 51 og ex 0210 99 59.
Toldkontingent for fersk, kølet og frosset oksekød af høj kvalitet
14.
Varer med oprindelsesstatus, der eksporteres fra Canada og importeres til Den Europæiske Union gennem Den Europæiske Unions eksisterende WTO-toldkontingent for fersk, kølet og frosset oksekød af høj kvalitet, som er omfattet af KN-kode ex 0201 og ex 0202, og for produkter, som er omfattet af KN-kode ex 0206 10 95 og ex 0206 29 91, af produktvægt 11 500 ton, jf. Kommissionens gennemførelsesforordning (EU) nr. 593/2013 af 21. juni 2013, er toldfrie fra og med datoen for denne aftales ikrafttræden.
Toldkontingent for svinekød
15.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TKS« i Den Europæiske Unions toldafviklingsplan i dette bilag, og som er opført i litra f), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton — slagtekropækvivalent)
1
12 500
2
25 000
3
37 500
4
50 000
5
62 500
6 og alle efterfølgende år
75 000
b)
De samlede årlige toldfrie mængder i tabellen ovenfor øges fra og med år 1 med 4 624 ton produktvægt (5 549 ton slagtekropækvivalent) i overensstemmelse med den mængde, der er fastsat i Den Europæiske Unions Canada-specifikke WTO-toldkontingent for svinekød.
c)
Ved beregningen af de importerede mængder anvendes omregningsfaktorerne i punkt 21 til at konvertere produktvægt til slagtekropækvivalent.
d)
Den Europæiske Union forvalter dette toldkontingent, herunder de yderligere mængder fra Den Europæiske Unions Canada-specifikke WTO-toldkontingent for svinekød, jf. litra b), enten gennem en importlicensordning, jf. erklæringen om forvaltning af toldkontingenter, eller som aftalt på anden måde mellem parterne.
e)
Uanset litra d) finder punkt 19 og 20 anvendelse på nærværende punkt.
f)
Dette punkt finder anvendelse på følgende toldpositioner:
0203 12 11, 0203 12 19, 0203 19 11, 0203 19 13, 0203 19 15, 0203 19 55, 0203 19 59, 0203 22 11, 0203 22 19, 0203 29 11, 0203 29 13, 0203 29 15, 0203 29 55, 0203 29 59, 0210 11 11, 0210 11 19, 0210 11 31 og 0210 11 39.
Toldkontingent for ost
16.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TK Ost« i Canadas toldafviklingsplan i dette bilag, og som er opført i litra d), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton
 (
5
)
)
1
2 667
2
5 333
3
8 000
4
10 667
5
13 333
6 og alle efterfølgende år
16 000
b)
Canada forvalter dette toldkontingent, enten gennem en importlicensordning, jf. erklæringen om forvaltning af toldkontingenter, eller som aftalt på anden måde mellem parterne.
c)
Uanset litra b) finder punkt 19 og 20 anvendelse på nærværende punkt.
d)
Dette punkt finder anvendelse på følgende toldpositioner:
0406 10 10, 0406 20 11, 0406 20 91, 0406 30 10, 0406 40 10, 0406 90 11, 0406 90 21, 0406 90 31, 0406 90 41, 0406 90 51, 0406 90 61, 0406 90 71, 0406 90 81, 0406 90 91, 0406 90 93, 0406 90 95 og 0406 90 98.
Toldkontingent for industrielt fremstillet ost
17.
a)
Varer med oprindelsesstatus i følgende samlede mængder, der er omfattet af toldpositioner med anmærkningen »TK Industrielt fremstillet ost« i Canadas toldafviklingsplan i dette bilag, og som er opført i litra d), er toldfrie i de nedenfor anførte år:
År
Samlet årlig mængde
(i ton
 (
6
)
)
1
283
2
567
3
850
4
1 133
5
1 417
6 og alle efterfølgende år
1 700
b)
Canada forvalter dette toldkontingent, enten gennem en importlicensordning, jf. erklæringen om forvaltning af toldkontingenter, eller som aftalt på anden måde mellem parterne.
c)
Uanset litra b) finder punkt 19 og 20 anvendelse på nærværende punkt.
d)
Dette punkt finder anvendelse på industrielt fremstillet ost, dvs. ost, der anvendes som ingrediens ved yderligere fødevareforarbejdning (sekundær fremstilling), som importeres i løs afladning (ikke til detailsalg), og som tariferes under følgende toldpositioner:
ex 0406 10 10, ex 0406 20 11, ex 0406 20 91, ex 0406 30 10, ex 0406 40 10, ex 0406 90 11, ex 0406 90 21, ex 0406 90 31, ex 0406 90 41, ex 0406 90 51, ex 0406 90 61, ex 0406 90 71, ex 0406 90 81, ex 0406 90 91, ex 0406 90 93, ex 0406 90 95 og ex 0406 90 98.
WTO-toldkontingent for ost
18.
Fra og med denne aftales år 1 omfordeler Canada 800 ton af landets WTO-toldkontingent for ost på 20 411 866 kg til Den Europæiske Union.
Underudnyttelsesmekanisme
19.
For så vidt angår toldkontingenterne i punkt 12, 13, 15, 16 og 17:
a)
Hvis et toldkontingent er underudnyttet, dvs. at parten i et givet år har importeret under 75 % af den samlede årlige toldkontingentmængde, mødes parterne, efter anmodning fra en af dem, i det ved artikel 26.2, stk. 1, litra a) (specialudvalg), nedsatte Landbrugsudvalg for hurtigt at tage årsagerne til underudnyttelsen eller andre spørgsmål af betydning for toldkontingentets gnidningsløse anvendelse op til behandling.
b)
Hvis et toldkontingent er underudnyttet, dvs. at parten i et givet år i tre på hinanden efterfølgende år har importeret under 75 % af den samlede årlige toldkontingentmængde, og hvis underudnyttelsen ikke skyldes et ringe udbud af eller en ringe efterspørgsel efter den pågældende vare, forvaltes kontingentet i det eller de efterfølgende år efter »først til mølle«-princippet. For at bevise, at udbuddet eller efterspørgslen er ringe, skal en part klart og kvantificerbart godtgøre, at udbuddet i eksportlandet ikke er et tilstrækkeligt til, at toldkontingentet kan udnyttes fuldt ud, eller at toldkontingentmængden ikke kan forbruges på importmarkedet. Hvis parterne ikke er enige om årsagerne til underudnyttelsen, tages sagen op til bindende voldgiftsbehandling på foranledning af en af dem.
c)
Hvis toldkontingentet efter den i litra b) omhandlede underudnyttelse udnyttes fuldt ud, dvs. at parten i et givet år i to på hinanden efterfølgende år har importeret mindst 90 % af den samlede årlige toldkontingentmængde, kan parterne overveje at vende tilbage til en licensordning efter at have rådført sig med hinanden om det nødvendige og formålstjenlige heri og om en sådan licensordnings karakteristika.
Revisionsklausul
20.
a)
Hvad angår toldkontingenterne i punkt 12, 13, 15, 16 og 17 undersøger parterne — både midt i og ved udgangen af indkøringsperioden for disse toldkontingenter, eller når som helst efter begrundet anmodning fra en part — hvordan det pågældende toldkontingentforvaltningssystem fungerer, navnlig i lyset af dets effektivitet med hensyn til udnyttelsen af kontingentet, markedsforholdene og den administrative byrde, der er forbundet med systemet for de økonomiske aktører og for parterne.
b)
Hvad angår toldkontingenterne i punkt 16 og 17 skal den i litra a) omhandlede undersøgelse også omfatte tildelingsmetoden, der tager højde for nye ansøgere.
c)
Hvad angår toldkontingenterne i punkt 12, 13 og 15 skal den i litra a) omhandlede undersøgelse også omfatte konsekvenserne af de regler for toldkontingentforvaltning, der måtte være indgået med et tredjeland for de samme varer som led i andre handelsforhandlinger med deltagelse af parterne, og bør desuden gøre det muligt for den eksporterende part at vælge at gå over til en metode, der er fastlagt i en anden aftale. Konkurrencevilkårene i Nordamerika vil indgå som en nødvendig del af undersøgelsen.
Omregningsfaktorer
21.
Hvad angår toldkontingenterne i punkt 11, 12, 13 og 15 anvendes følgende omregningsfaktorer til at konvertere produktvægt til slagtekropækvivalent:
a)
Toldkontingenterne i punkt 11, 12 og 13:
Toldposition
Varebeskrivelse
(kun til orientering)
Omregningsfaktor
0201 10 00
Hele og halve kroppe af hornkvæg, ferske eller kølede
100 %
0201 20 20
»Quartiers compensés« af hornkvæg, ikke udbenede, ferske eller kølede
100 %
0201 20 30
Forfjerdinger af hornkvæg, sammenhængende eller adskilte, ikke udbenede, ferske eller kølede
100 %
0201 20 50
Bagfjerdinger af hornkvæg, sammenhængende eller adskilte, ikke udbenede, ferske eller kølede
100 %
0201 20 90
Kød af hornkvæg, ikke udbenet, fersk eller kølet (undtagen hele og halve kroppe, »quartiers compensés«, forfjerdinger og bagfjerdinger)
100 %
0201 30 00
Kød af hornkvæg, udbenet, fersk eller kølet
130 %
0206 10 95
Nyretap og mellemgulv af hornkvæg, fersk eller kølet (undtagen til fremstilling af farmaceutiske produkter)
100 %
0202 10 00
Hele og halve kroppe af hornkvæg, frosne
100 %
0202 20 10
»Quartiers compensés« af hornkvæg, ikke udbenede, frosne
100 %
0202 20 30
Forfjerdinger af hornkvæg, sammenhængende eller adskilte, ikke udbenede, frosne
100 %
0202 20 50
Bagfjerdinger af hornkvæg, sammenhængende eller adskilte, ikke udbenede, frosne
100 %
0202 20 90
Udskæringer af hornkvæg, ikke udbenet, frosset (undtagen hele og halve kroppe, »quartiers compensés«, forfjerdinger og bagfjerdinger)
100 %
0202 30 10
Forfjerdinger af hornkvæg, udbenede, frosne, hele eller opskåret i højst fem stykker, frosset i en enkelt blok; »quartiers compensés«, frosset i to blokke, den ene bestående af forfjerdingen hel eller opskåret i højst fem stykker og den anden af hele bagfjerdingen, uden mørbrad, i ét stykke
130 %
0202 30 50
Udskæringer benævnt »crop«, »chuck and blade« og »brisket« af hornkvæg, udbenede, frosne
130 %
0202 30 90
Kød af hornkvæg, udbenet, frosset (undtagen forfjerdinger, hele eller opskåret i højst fem stykker, frosset i en enkelt blok; »quartiers compensés«, frosset i to blokke, den ene bestående af forfjerdingen hel eller opskåret i højst fem stykker og den anden af hele bagfjerdingen, uden mørbrad, i ét stykke)
130 %
0206 29 91
Nyretap og mellemgulv af hornkvæg, frosne (undtagen til fremstilling af farmaceutiske produkter)
100 %
0210 20 10
Kød af hornkvæg, ikke udbenet, saltet, i saltlage, tørret eller røget
100 %
0210 20 90
Kød af hornkvæg, udbenet, saltet, i saltlage, tørret eller røget
135 %
0210 99 51
Nyretap og mellemgulv af hornkvæg, spiselige, saltede, i saltlage, tørrede eller røgede
100 %
0210 99 59
Spiselige slagtebiprodukter af hornkvæg, saltede, i saltlage, tørrede eller røgede (undtagen nyretap og mellemgulv)
100 %
b)
Toldkontingentet i punkt 15:
Toldposition
Varebeskrivelse
(kun til orientering)
Omregningsfaktor
0203 12 11
Skinke og stykker deraf, ikke udbenet, af tamsvin, fersk eller kølet
100 %
0203 12 19
Bov og stykker deraf, ikke udbenet, af tamsvin, fersk eller kølet
100 %
0203 19 11
Forende og stykker deraf, af tamsvin, fersk eller kølet
100 %
0203 19 13
Kam og stykker deraf, ikke udbenet, af tamsvin, fersk eller kølet
100 %
0203 19 15
Brystflæsk og stykker deraf, af tamsvin, fersk eller kølet
100 %
0203 19 55
Kød af tamsvin, udbenet, fersk eller kølet (undtagen brystflæsk og stykker deraf)
120 %
0203 19 59
Kød af tamsvin, ikke udbenet, fersk eller kølet (undtagen hele og halve kroppe, skinke og bov og stykker deraf, samt forende, kam og brystflæsk og stykker deraf)
100 %
0203 22 11
Skinke og stykker deraf, ikke udbenet, af tamsvin, frosset
100 %
0203 22 19
Bov og stykker deraf, ikke udbenet, af tamsvin, frosset
100 %
0203 29 11
Forende og stykker deraf, af tamsvin, frosset
100 %
0203 29 13
Kam og stykker deraf, ikke udbenet, af tamsvin, frosset
100 %
0203 29 15
Brystflæsk og stykker deraf, af tamsvin, frosset
100 %
0203 29 55
Kød af tamsvin, udbenet, frosset (undtagen brystflæsk og stykker deraf)
120 %
0203 29 59
Kød af tamsvin, ikke udbenet, frosset (undtagen hele og halve kroppe, skinke og bov og stykker deraf, samt forende, kam og brystflæsk og stykker deraf)
100 %
0210 11 11
Skinke og stykker deraf, ikke udbenet, af tamsvin, saltet eller i saltlage
100 %
0210 11 19
Bov og stykker deraf, ikke udbenet, af tamsvin, saltet eller i saltlage
100 %
0210 11 31
Skinke og stykker deraf, ikke udbenet, af tamsvin, tørret eller røget
120 %
0210 11 39
Bov og stykker deraf, ikke udbenet, af tamsvin, tørret eller røget
120 %
(
1
)
  
            
EUT L 187 af 21.7.2010, s. 5
.
(
2
)
  Udtrykt i nettovægt.
(
3
)
  Udtrykt i nettovægt.
(
4
)
  Udtrykt i nettovægt.
(
5
)
  Udtrykt i nettovægt.
(
6
)
  Udtrykt i nettovægt.
BILAG 2-A
Canadas toldafviklingsplan
Toldposition
Varebeskrivelse
Basistoldsats
Toldafviklingskategori
Anmærkning
0105 11 22
Slagtekyllinger til indenlandsk produktion: ud over markedsadgangsforpligtelsen
238 %, men ikke under 30,8 cent/stk.
E
SBF
0105 94 92
I andre tilfælde: ud over markedsadgangsforpligtelsen
238 %, men ikke under 1,25 CAD/kg
E
SBF
0105 99 12
Kalkuner: ud over markedsadgangsforpligtelsen
154,5 %, men ikke under 1,60 CAD/kg
E
SBF
0207 11 92
Andre varer: ud over markedsadgangsforpligtelsen
238 %, men ikke under 1,67 CAD/kg
E
SBF
0207 12 92
Andre varer: ud over markedsadgangsforpligtelsen
238 %, men ikke under 1,67 CAD/kg
E
SBF
0207 13 92
Andre varer: ud over markedsadgangsforpligtelsen, ikke udbenet
249 %, men ikke under 3,78 CAD/kg
E
SBF
0207 13 93
Andre varer: ud over markedsadgangsforpligtelsen, udbenet
249 %, men ikke under 6,74 CAD/kg
E
SBF
0207 14 22
Lever: ud over markedsadgangsforpligtelsen
238 %, men ikke under 6,45 CAD/kg
E
SBF
0207 14 92
Andre varer: ud over markedsadgangsforpligtelsen, ikke udbenet
249 %, men ikke under 3,78 CAD/kg
E
SBF
0207 14 93
Andre varer: ud over markedsadgangsforpligtelsen, udbenet
249 %, men ikke under 6,74 CAD/kg
E
SBF
0207 24 12
Konserverede varer: ud over markedsadgangsforpligtelsen
154,5 %, men ikke under 2,11 CAD/kg
E
SBF
0207 24 92
I andre tilfælde: ud over markedsadgangsforpligtelsen
154,5 %, men ikke under 1,95 CAD/kg
E
SBF
0207 25 12
Konserverede varer: ud over markedsadgangsforpligtelsen
154,5 %, men ikke under 2,11 CAD/kg
E
SBF
0207 25 92
I andre tilfælde: ud over markedsadgangsforpligtelsen
154,5 %, men ikke under 1,95 CAD/kg
E
SBF
0207 26 20
Ud over markedsadgangsforpligtelsen, ikke udbenet
165 %, men ikke under 2,94 CAD/kg
E
SBF
0207 26 30
Ud over markedsadgangsforpligtelsen, udbenet
165 %, men ikke under 4,82 CAD/kg
E
SBF
0207 27 12
Lever: ud over markedsadgangsforpligtelsen
154,5 %, men ikke under 4,51 CAD/kg
E
SBF
0207 27 92
Andre varer: ud over markedsadgangsforpligtelsen, ikke udbenet
165 %, men ikke under 2,94 CAD/kg
E
SBF
0207 27 93
Andre varer: ud over markedsadgangsforpligtelsen, udbenet
165 %, men ikke under 4,82 CAD/kg
E
SBF
0209 90 20
Fedt af høns af arten 
Gallus domesticus
, ud over markedsadgangsforpligtelse
249 %, men ikke under 6,74 CAD/kg
E
SBF
0209 90 40
Fedt af kalkuner, ud over markedsadgangsforpligtelsen
165 %, men ikke under 4,82 CAD/kg
E
SBF
0210 99 12
Kød af fjerkræ: af høns af arten 
Gallus domesticus
, ikke udbenet, ud over markedsadgangsforpligtelsen
249 %, men ikke under 5,81 CAD/kg
E
SBF
0210 99 13
Kød af fjerkræ: af høns af arten 
Gallus domesticus
, udbenet, ud over markedsadgangsforpligtelsen
249 %, men ikke under 10,36 CAD/kg
E
SBF
0210 99 15
Kød af fjerkræ: af kalkuner, ikke udbenet, ud over markedsadgangsforpligtelsen
165 %, men ikke under 3,67 CAD/kg
E
SBF
0210 99 16
Kød af fjerkræ: af kalkuner, udbenet, ud over markedsadgangsforpligtelsen
165 %, men ikke under 6,03 CAD/kg
E
SBF
0401 10 20
Ud over markedsadgangsforpligtelsen
241 %, men ikke under 34,50 CAD/hl
E
SBF
0401 20 20
Ud over markedsadgangsforpligtelsen
241 %, men ikke under 34,50 CAD/hl
E
SBF
0401 40 20
Ud over markedsadgangsforpligtelsen
292,5 %, men ikke under 2,48 CAD/kg
E
SBF
0401 50 20
Ud over markedsadgangsforpligtelsen
292,5 %, men ikke under 2,48 CAD/kg
E
SBF
0402 10 20
Ud over markedsadgangsforpligtelsen
201,5 %, men ikke under 2,01 CAD/kg
E
SBF
0402 21 12
Mælk: ud over markedsadgangsforpligtelsen
243 %, men ikke under 2,82 CAD/kg
E
SBF
0402 21 22
Fløde: ud over markedsadgangsforpligtelsen
295,5 %, men ikke under 4,29 CAD/kg
E
SBF
0402 29 12
Mælk: ud over markedsadgangsforpligtelsen
243 %, men ikke under 2,82 CAD/kg
E
SBF
0402 29 22
Fløde: ud over markedsadgangsforpligtelsen
295,5 %, men ikke under 4,29 CAD/kg
E
SBF
0402 91 20
Ud over markedsadgangsforpligtelsen
259 %, men ikke under 78,9 cent/kg
E
SBF
0402 99 20
Ud over markedsadgangsforpligtelsen
255 %, men ikke under 95,1 cent/kg
E
SBF
0403 10 20
Ud over markedsadgangsforpligtelsen
237,5 %, men ikke under 46,6 cent/kg
E
SBF
0403 90 12
Kærnemælk i pulverform: ud over markedsadgangsforpligtelsen
208 %, men ikke under 2,07 CAD/kg
E
SBF
0403 90 92
I andre tilfælde: ud over markedsadgangsforpligtelsen
216,5 %, men ikke under 2,15 CAD/kg
E
SBF
0404 10 22
Valle i pulverform: ud over markedsadgangsforpligtelsen
208 %, men ikke under 2,07 CAD/kg
E
SBF
0404 10 90
Andre varer
11 %
C
0404 90 20
Ud over markedsadgangsforpligtelsen
270 %, men ikke under 3,15 CAD/kg
E
SBF
0405 10 20
Ud over markedsadgangsforpligtelsen
298,5 %, men ikke under 4,00 CAD/kg
E
SBF
0405 20 20
Ud over markedsadgangsforpligtelsen
274,5 %, men ikke under 2,88 CAD/kg
E
SBF
0405 90 20
Ud over markedsadgangsforpligtelsen
313,5 %, men ikke under 5,12 CAD/kg
E
SBF
0406 10 10
Inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 10 20
Ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 4,52 CAD/kg
E
SBF
0406 20 11
Cheddar og andre oste af Cheddar-typen: inden for markedsadgangsforpligtelsen
2,84 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 20 12
Cheddar og andre oste af Cheddar-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 3,58 CAD/kg
E
SBF
0406 20 91
Andre varer: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 20 92
Andre varer: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,11 CAD/kg
E
SBF
0406 30 10
Inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 30 20
Ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 4,34 CAD/kg
E
SBF
0406 40 10
Inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 40 20
Ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,33 CAD/kg
E
SBF
0406 90 11
Cheddar og andre oste af Cheddar-typen: inden for markedsadgangsforpligtelsen
2,84 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 12
Cheddar og andre oste af Cheddar-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 3,53 CAD/kg
E
SBF
0406 90 21
Camembert og andre oste af Camembert-typen: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 22
Camembert og andre oste af Camembert-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,78 CAD/kg
E
SBF
0406 90 31
Brie og andre oste af Brie-typen: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 32
Brie og andre oste af Brie-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,50 CAD/kg
E
SBF
0406 90 41
Gouda og andre oste af Gouda-typen: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 42
Gouda og andre oste af Gouda-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 4,23 CAD/kg
E
SBF
0406 90 51
Provolone og andre oste af Provolone-typen: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 52
Provolone og andre oste af Provolone-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,08 CAD/kg
E
SBF
0406 90 61
Mozzarella og andre oste af Mozzarella-typen: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 62
Mozzarella og andre oste af Mozzarella-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 3,53 CAD/kg
E
SBF
0406 90 71
Schweizisk emmentaler og andre oste af typen Schweizisk emmentaler: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 72
Schweizisk emmentaler og andre oste af typen Schweizisk emmentaler: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 4,34 CAD/kg
E
SBF
0406 90 81
Gruyère og andre oste af Gruyère-typen: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 82
Gruyère og andre oste af Gruyère-typen: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,26 CAD/kg
E
SBF
0406 90 91
Andre varer: Havarti og andre oste af Havarti-typen, inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 92
Andre varer: Havarti og andre oste af Havarti-typen, ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 4,34 CAD/kg
E
SBF
0406 90 93
Andre varer: Parmesan og andre oste af Parmesan-typen, inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 94
Andre varer: Parmesan og andre oste af Parmesan-typen, ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,08 CAD/kg
E
SBF
0406 90 95
Andre varer: Romano og andre oste af Romano-typen, inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 96
Andre varer: Romano og andre oste af Romano-typen, ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 5,15 CAD/kg
E
SBF
0406 90 98
Andre varer: inden for markedsadgangsforpligtelsen
3,32 cent/kg
A
TK Ost, TK Industrielt fremstillet ost
0406 90 99
Andre varer: ud over markedsadgangsforpligtelsen
245,5 %, men ikke under 3,53 CAD/kg
E
SBF
0407 11 12
Rugeæg, til slagtekyllinger: ud over markedsadgangsforpligtelsen
238 %, men ikke under 2,91 CAD/dusin
E
SBF
0407 11 92
Andre varer: ud over markedsadgangsforpligtelsen
163,5 %, men ikke under 79,9 cent/dusin
E
SBF
0407 21 20
Ud over markedsadgangsforpligtelsen
163,5 %, men ikke under 79,9 cent/dusin
E
SBF
0407 90 12
Af høns af arten 
Gallus domesticus
: ud over markedsadgangsforpligtelsen
163,5 %, men ikke under 79,9 cent/dusin
E
SBF
0408 11 20
Ud over markedsadgangsforpligtelsen
6,12 CAD/kg
E
SBF
0408 19 20
Ud over markedsadgangsforpligtelsen
1,52 CAD/kg
E
SBF
0408 91 20
Ud over markedsadgangsforpligtelsen
6,12 CAD/kg
E
SBF
0408 99 20
Ud over markedsadgangsforpligtelsen
1,52 CAD/kg
E
SBF
0603 11 00
Roser
10,5 %
B
0603 13 10
Cymbidium
16 %
B
0603 13 90
Andre varer
12,5 %
B
0603 14 00
Krysantemum
8 %
B
1003 10 12
Til maltning: ud over markedsadgangsforpligtelsen
94,5 %
C
1003 90 12
Til maltning: ud over markedsadgangsforpligtelsen
94,5 %
C
1107 10 12
Hel: ud over markedsadgangsforpligtelsen
157,00 CAD/t
C
1107 10 92
I andre tilfælde: ud over markedsadgangsforpligtelsen
160,10 CAD/t
C
1107 20 12
Hel: ud over markedsadgangsforpligtelsen
141,50 CAD/t
C
1108 13 00
Kartoffelstivelse
10,5 %
C
1517 10 20
Ud over markedsadgangsforpligtelsen
82,28 cent/kg
E
SBF
1517 90 22
Smørerstatninger: ud over markedsadgangsforpligtelsen
218 %, men ikke under 2,47 CAD/kg
E
SBF
1601 00 22
Af høns af arten 
Gallus domesticus
, undtagen på dåse eller glas: undtagen gamle læggehøner, ud over markedsadgangsforpligtelsen
238 %
E
SBF
1601 00 32
Af kalkuner, undtagen på dåse eller glas: ud over markedsadgangsforpligtelsen
154,5 %
E
SBF
1602 20 22
Postej, af høns af arten 
Gallus domesticus
, undtagen på dåse eller glas: ud over markedsadgangsforpligtelsen
238 %
E
SBF
1602 20 32
Postej, af kalkuner, undtagen på dåse eller glas: ud over markedsadgangsforpligtelsen
154,5 %
E
SBF
1602 31 13
Tilberedte retter: andre varer, ud over markedsadgangsforpligtelsen, ikke udbenet
169,5 %, men ikke under 3,76 CAD/kg
E
SBF
1602 31 14
Tilberedte retter: andre varer, ud over markedsadgangsforpligtelsen, udbenet
169,5 %, men ikke under 6,18 CAD/kg
E
SBF
1602 31 94
Andre varer: andre varer, ud over markedsadgangsforpligtelsen, ikke udbenet
165 %, men ikke under 3,67 CAD/kg
E
SBF
1602 31 95
Andre varer: andre varer, ud over markedsadgangsforpligtelsen, udbenet
165 %, men ikke under 6,03 CAD/kg
E
SBF
1602 32 13
Tilberedte retter: andre varer, ud over markedsadgangsforpligtelsen, ikke udbenet
253 %, men ikke under 5,91 CAD/kg
E
SBF
1602 32 14
Tilberedte retter: andre varer, ud over markedsadgangsforpligtelsen, udbenet
253 %, men ikke under 10,54 CAD/kg
E
SBF
1602 32 94
Andre varer: andre varer, ud over markedsadgangsforpligtelsen, ikke udbenet
249 %, men ikke under 5,81 CAD/kg
E
SBF
1602 32 95
Andre varer: andre varer, ud over markedsadgangsforpligtelsen, udbenet
249 %, men ikke under 10,36 CAD/kg
E
SBF
1701 91 90
I andre tilfælde
30,86 CAD/t
S
1701 99 90
I andre tilfælde
30,86 CAD/t
S
1806 20 22
Blanding til chokoladeflødeis eller mælkeis: ud over markedsadgangsforpligtelsen
265 %, men ikke under 1,15 CAD/kg
E
SBF
1806 90 12
Blanding til chokoladeflødeis eller mælkeis: ud over markedsadgangsforpligtelsen
265 %, men ikke under 1,15 CAD/kg
E
SBF
1901 20 12
I pakninger af vægt 11,34 kg og derunder: med indhold af smørfedt på over 25 vægtprocent, ikke i detailsalgsoplægninger, ud over markedsadgangsforpligtelsen
246 %, men ikke under 2,85 CAD/kg
E
SBF
1901 20 22
I løs afladning eller i pakninger af vægt over 11,34 kg: med indhold af smørfedt på over 25 vægtprocent, ikke i detailsalgsoplægninger, ud over markedsadgangsforpligtelsen
244 %, men ikke under 2,83 CAD/kg
E
SBF
1901 90 32
Tilberedte næringsmidler af varer henhørende under position 04.01 -04.04 , med indhold af mælketørstof på over 10, men under 50 vægtprocent, beregnet på tørstofbasis: blandinger til chokoladeflødeis eller mælkeis, ud over markedsadgangsforpligtelsen
267,5 %, men ikke under 1,16 CAD/kg
E
SBF
1901 90 34
Tilberedte næringsmidler af varer henhørende under position 04.01 -04.04 , med indhold af mælketørstof på over 10, men under 50 vægtprocent, beregnet på tørstofbasis: andre varer, ikke i detailsalgsoplægninger, ud over markedsadgangsforpligtelsen
250,5 %, men ikke under 2,91 CAD/kg
E
SBF
1901 90 52
Tilberedte næringsmidler af varer henhørende under position 04.01 -04.04 , med indhold af mælketørstof på 50 vægtprocent eller derover, beregnet på tørstofbasis: blandinger til chokoladeflødeis eller mælkeis, ud over markedsadgangsforpligtelsen
267,5 %, men ikke under 1,16 CAD/kg
E
SBF
1901 90 54
Tilberedte næringsmidler af varer henhørende under position 04.01 -04.04 , med indhold af mælketørstof på 50 vægtprocent eller derover, beregnet på tørstofbasis: andre varer, ikke i detailsalgsoplægninger, ud over markedsadgangsforpligtelsen
250,5 %, men ikke under 2,91 CAD/kg
E
SBF
2105 00 92
Andre varer: ud over markedsadgangsforpligtelsen
277 %, men ikke under 1,16 CAD/kg
E
SBF
2106 90 32
Mælk, fløde eller smørerstatninger og tilberedninger, der egner sig som smørerstatninger: mælk, fløde eller smørerstatninger, med indhold af mejeriprodukter på 50 vægtprocent eller derover, ud over markedsadgangsforpligtelsen
212 %, men ikke under 2,11 CAD/kg
E
SBF
2106 90 34
Mælk, fløde eller smørerstatninger og tilberedninger, der egner sig som smørerstatninger: tilberedninger, med indhold af mælkefedt på over 15 vægtprocent, men med indhold af mejeriprodukter på under 50 vægtprocent, der egner sig som smørerstatninger, ud over markedsadgangsforpligtelsen
212 %, men ikke under 2,11 CAD/kg
E
SBF
2106 90 52
Tilberedninger på basis af æg: ud over markedsadgangsforpligtelsen
1,45 CAD/kg
E
SBF
2106 90 94
I andre tilfælde: med indhold af mejeriprodukter på 50 vægtprocent eller derover, ud over markedsadgangsforpligtelsen
274,5 %, men ikke under 2,88 CAD/kg
E
SBF
2202 90 43
Drikkevarer med indhold af mælk: i andre tilfælde, med indhold af mejeriprodukter på 50 vægtprocent eller derover, ikke i detailsalgsoplægninger, ud over markedsadgangsforpligtelsen
256 %, men ikke under 36,67 CAD/hl
E
SBF
2309 90 32
Fuldfoder og fodertilskud, herunder kraftfoder: med indhold af ikke-fedtholdigt mælketørstof på 50 vægtprocent eller derover, beregnet på tørstofbasis, ud over markedsadgangsforpligtelsen
205,5 %, men ikke under 1,64 CAD/kg
E
SBF
3502 11 20
Ud over markedsadgangsforpligtelsen
6,12 CAD/kg
E
SBF
3502 19 20
Ud over markedsadgangsforpligtelsen
1,52 CAD/kg
E
SBF
8702 10 10
Til befordring af mindst 16 personer (inklusive føreren)
6,1 %
C
8702 10 20
Til befordring af 10-15 personer (inklusive føreren)
6,1 %
C
8702 90 10
Til befordring af mindst 16 personer (inklusive føreren)
6,1 %
C
8702 90 20
Til befordring af 10-15 personer (inklusive føreren)
6,1 %
C
8703 21 90
Andre varer
6,1 %
C
8703 22 00
Med slagvolumen over 1 000  cm
3
, men ikke over 1 500  cm
3
6,1 %
D
8703 23 00
Med slagvolumen over 1 500  cm
3
, men ikke over 3 000  cm
3
6,1 %
D
8703 24 00
Med slagvolumen over 3 000  cm
3
6,1 %
D
8703 31 00
Med slagvolumen 1 500  cm
3
 og derunder
6,1 %
D
8703 32 00
Med slagvolumen over 1 500  cm
3
, men ikke over 2 500  cm
3
6,1 %
D
8703 33 00
Med slagvolumen over 2 500  cm
3
6,1 %
D
8703 90 00
Andre varer
6,1 %
C
8704 21 90
I andre tilfælde
6,1 %
B
8704 22 00
Med totalvægt over 5 ton, men ikke over 20 ton
6,1 %
B
8704 23 00
Med totalvægt over 20 ton
6,1 %
B
8704 31 00
Med totalvægt 5 ton og derunder
6,1 %
B
8704 32 00
Med totalvægt over 5 ton
6,1 %
B
8901 10 10
Af længde over 294,13 m og af bredde over 32,31 m
25 %
D
8901 10 90
I andre tilfælde
25 %
D
8901 30 00
Køle- og fryseskibe, undtagen fartøjer henhørende under underpos. 8901 20
25 %
B
8901 90 10
Åbne fartøjer
15 %
B
8901 90 91
Andre varer: af længde over 294,13 m og af bredde over 32,31 m
25 %
B
8901 90 99
I andre tilfælde: andre varer
25 %
B
8904 00 00
Bugserbåde og fartøjer til skubning
25 %
D
8905 20 19
Boreplatforme: i andre tilfælde
20 %
B
8905 20 20
Produktionsplatforme
25 %
B
8905 90 19
Boreskibe, borepramme og flydende borerigge: andre varer
20 %
B
8905 90 90
Andre varer
25 %
B
8906 90 19
Åbne fartøjer: andre varer
15 %
B
8906 90 91
Andre varer: af længde over 294,13 m og af bredde over 32,31 m
25 %
B
8906 90 99
I andre tilfælde: andre varer
25 %
B
Den Europæiske Unions toldafviklingsplan
Toldposition (KN 2015)
KN 2015 — Varebeskrivelse (jf. note 1)
Basistoldsats
Toldafviklingskategori
Anmærkning
0105 11 91
– – – –
Æglægningsracer
52 EUR/1 000  p/st
E
0105 11 99
– – – –
Andre varer
52 EUR/1 000  p/st
E
0105 94 00
– –
Høns af arten 
Gallus domesticus
20,9 EUR/100 kg/net
E
0105 99 30
– – –
Kalkuner
23,8 EUR/100 kg/net
E
0201 10 00
–
Hele og halve kroppe
12,8 + 176,8 EUR/100 kg/net
E
TKB1, TKB3
0201 20 20
– –
»Quartiers compensés«
12,8 + 176,8 EUR/100 kg/net
E
TKB1, TKB3
0201 20 30
– –
Forfjerdinger, sammenhængende eller adskilte
12,8 + 141,4 EUR/100 kg/net
E
TKB1, TKB3
0201 20 50
– –
Bagfjerdinger, sammenhængende eller adskilte
12,8 + 212,2 EUR/100 kg/net
E
TKB1, TKB3
0201 20 90
– –
Andre varer
12,8 + 265,2 EUR/100 kg/net
E
TKB1, TKB3
0201 30 00
–
Udbenet
12,8 + 303,4 EUR/100 kg/net
E
TKB1, TKB3
0202 10 00
–
Hele og halve kroppe
12,8 + 176,8 EUR/100 kg/net
E
TKB2, TKB3
0202 20 10
– –
»Quartiers compensés«
12,8 + 176,8 EUR/100 kg/net
E
TKB2, TKB3
0202 20 30
– –
Forfjerdinger, sammenhængende eller adskilte
12,8 + 141,4 EUR/100 kg/net
E
TKB2, TKB3
0202 20 50
– –
Bagfjerdinger, sammenhængende eller adskilte
12,8 + 221,1 EUR/100 kg/net
E
TKB2, TKB3
0202 20 90
– –
Andre varer
12,8 + 265,3 EUR/100 kg/net
E
TKB2, TKB3
0202 30 10
– –
Forfjerdinger, hele eller opskåret i højst 5 stykker, frosset i en enkelt blok; »quartiers compensés«, frosset i to blokke, den ene bestående af forfjerdingen hel eller opskåret i højst 5 stykker og den anden af bagfjerdingen (uden mørbrad) i ét stykke
12,8 + 221,1 EUR/100 kg/net
E
TKB2, TKB3
0202 30 50
– –
Udskæringer benævnt »crop«, »chuck and blade« og »brisket«
12,8 + 221,1 EUR/100 kg/net
E
TKB2, TKB3
0202 30 90
– –
Andre varer
12,8 + 304,1 EUR/100 kg/net
E
TKB2, TKB3
0203 12 11
– – – –
Skinke og stykker deraf
77,8 EUR/100 kg/net
E
TKS
0203 12 19
– – – –
Bov og stykker deraf
60,1 EUR/100 kg/net
E
TKS
0203 19 11
– – – –
Forende og stykker deraf
60,1 EUR/100 kg/net
E
TKS
0203 19 13
– – – –
Kam og stykker deraf, ikke udbenet
86,9 EUR/100 kg/net
E
TKS
0203 19 15
– – – –
Brystflæsk og stykker deraf
46,7 EUR/100 kg/net
E
TKS
0203 19 55
– – – – –
Udbenet
86,9 EUR/100 kg/net
E
TKS
0203 19 59
– – – – –
I andre tilfælde
86,9 EUR/100 kg/net
E
TKS
0203 22 11
– – – –
Skinke og stykker deraf
77,8 EUR/100 kg/net
E
TKS
0203 22 19
– – – –
Bov og stykker deraf
60,1 EUR/100 kg/net
E
TKS
0203 29 11
– – – –
Forende og stykker deraf
60,1 EUR/100 kg/net
E
TKS
0203 29 13
– – – –
Kam og stykker deraf, ikke udbenet
86,9 EUR/100 kg/net
E
TKS
0203 29 15
– – – –
Brystflæsk og stykker deraf
46,7 EUR/100 kg/net
E
TKS
0203 29 55
– – – – –
Udbenet
86,9 EUR/100 kg/net
E
TKS
0203 29 59
– – – – –
I andre tilfælde
86,9 EUR/100 kg/net
E
TKS
0205 00 80
–
Frosset
5.1
B
0206 10 95
– – –
Nyretap og mellemgulv
12,8 + 303,4 EUR/100 kg/net
E
TKB1, TKB3
0206 29 91
– – – –
Nyretap og mellemgulv
12,8 + 304,1 EUR/100 kg/net
E
TKB2, TKB3
0206 80 91
– – –
Varer af heste, æsler, mulæsler og muldyr
6,4
B
0206 90 91
– – –
Varer af heste, æsler, mulæsler og muldyr
6,4
B
0207 11 10
– – –
Plukkede, uden tarme, med hoved og fødder (såkaldte 83 pct.-høns)
26,2 EUR/100 kg/net
E
0207 11 30
– – –
Plukkede, rensede, uden hoved og fødder, men med hals, hjerte, lever og kråse (såkaldte 70 pct.-høns)
29,9 EUR/100 kg/net
E
0207 11 90
– – –
Plukkede, rensede, uden hoved og fødder og uden hals, hjerte, lever og kråse (såkaldte 65 pct.-høns), eller i anden form
32,5 EUR/100 kg/net
E
0207 12 10
– – –
Plukkede, rensede, uden hoved og fødder, men med hals, hjerte, lever og kråse (såkaldte 70 pct.-høns)
29,9 EUR/100 kg/net
E
0207 12 90
– – –
Plukkede, rensede, uden hoved og fødder og uden hals, hjerte, lever og kråse (såkaldte 65 pct.-høns), eller i anden form
32,5 EUR/100 kg/net
E
0207 13 10
– – – –
Udbenet
102,4 EUR/100 kg/net
E
0207 13 20
– – – – –
Halve eller kvarte
35,8 EUR/100 kg/net
E
0207 13 30
– – – – –
Hele vinger, også uden vingespids
26,9 EUR/100 kg/net
E
0207 13 40
– – – – –
Rygge, halse, rygge med hals, gumpe og vingespidser
18,7 EUR/100 kg/net
E
0207 13 50
– – – – –
Bryst og stykker deraf
60,2 EUR/100 kg/net
E
0207 13 60
– – – – –
Lår og stykker deraf
46,3 EUR/100 kg/net
E
0207 13 70
– – – – –
Andre varer
100,8 EUR/100 kg/net
E
0207 13 91
– – – –
Lever
6,4
E
0207 13 99
– – – –
Andre varer
18,7 EUR/100 kg/net
E
0207 14 10
– – – –
Udbenet
102,4 EUR/100 kg/net
E
0207 14 20
– – – – –
Halve eller kvarte
35,8 EUR/100 kg/net
E
0207 14 30
– – – – –
Hele vinger, også uden vingespids
26,9 EUR/100 kg/net
E
0207 14 40
– – – – –
Rygge, halse, rygge med hals, gumpe og vingespidser
18,7 EUR/100 kg/net
E
0207 14 50
– – – – –
Bryst og stykker deraf
60,2 EUR/100 kg/net
E
0207 14 60
– – – – –
Lår og stykker deraf
46,3 EUR/100 kg/net
E
0207 14 70
– – – – –
Andre varer
100,8 EUR/100 kg/net
E
0207 14 91
– – – –
Lever
6,4
E
0207 14 99
– – – –
Andre varer
18,7 EUR/100 kg/net
E
0207 24 10
– – –
Plukkede, rensede, uden hoved og fødder, men med hals, hjerte, lever og kråse (såkaldte 80 pct.-kalkuner)
34 EUR/100 kg/net
E
0207 24 90
– – –
Plukkede, rensede, uden hoved og fødder og uden hals, hjerte, lever og kråse (såkaldte 73 pct.-kalkuner), eller i anden form
37,3 EUR/100 kg/net
E
0207 25 10
– – –
Plukkede, rensede, uden hoved og fødder, men med hals, hjerte, lever og kråse (såkaldte 80 pct.-kalkuner)
34 EUR/100 kg/net
E
0207 25 90
– – –
Plukkede, rensede, uden hoved og fødder og uden hals, hjerte, lever og kråse (såkaldte 73 pct.-kalkuner), eller i anden form
37,3 EUR/100 kg/net
E
0207 26 10
– – – –
Udbenet
85,1 EUR/100 kg/net
E
0207 26 20
– – – – –
Halve eller kvarte
41 EUR/100 kg/net
E
0207 26 30
– – – – –
Hele vinger, også uden vingespids
26,9 EUR/100 kg/net
E
0207 26 40
– – – – –
Rygge, halse, rygge med hals, gumpe og vingespidser
18,7 EUR/100 kg/net
E
0207 26 50
– – – – –
Bryst og stykker deraf
67,9 EUR/100 kg/net
E
0207 26 60
– – – – –
Underlår og stykker deraf
25,5 EUR/100 kg/net
E
0207 26 70
– – – – –
Andre varer
46 EUR/100 kg/net
E
0207 26 80
– – – – –
Andre varer
83 EUR/100 kg/net
E
0207 26 91
– – – –
Lever
6,4
E
0207 26 99
– – – –
Andre varer
18,7 EUR/100 kg/net
E
0207 27 10
– – – –
Udbenet
85,1 EUR/100 kg/net
E
0207 27 20
– – – – –
Halve eller kvarte
41 EUR/100 kg/net
E
0207 27 30
– – – – –
Hele vinger, også uden vingespids
26,9 EUR/100 kg/net
E
0207 27 40
– – – – –
Rygge, halse, rygge med hals, gumpe og vingespidser
18,7 EUR/100 kg/net
E
0207 27 50
– – – – –
Bryst og stykker deraf
67,9 EUR/100 kg/net
E
0207 27 60
– – – – –
Underlår og stykker deraf
25,5 EUR/100 kg/net
E
0207 27 70
– – – – –
Andre varer
46 EUR/100 kg/net
E
0207 27 80
– – – – –
Andre varer
83 EUR/100 kg/net
E
0207 27 91
– – – –
Lever
6,4
E
0207 27 99
– – – –
Andre varer
18,7 EUR/100 kg/net
E
0210 11 11
– – – – –
Skinke og stykker deraf
77,8 EUR/100 kg/net
E
TKS
0210 11 19
– – – – –
Bov og stykker deraf
60,1 EUR/100 kg/net
E
TKS
0210 11 31
– – – – –
Skinke og stykker deraf
151,2 EUR/100 kg/net
E
TKS
0210 11 39
– – – – –
Bov og stykker deraf
119 EUR/100 kg/net
E
TKS
0210 20 10
– –
Ikke udbenet
15,4 + 265,2 EUR/100 kg/net
E
TKB2, TKB3
0210 20 90
– –
Udbenet
15,4 + 303,4 EUR/100 kg/net
E
TKB2, TKB3
0210 92 91
– – – –
Kød
130 EUR/100 kg/net
B
0210 92 92
– – – –
Slagtebiprodukter
15,4
B
0210 92 99
– – – –
Spiseligt mel og pulver af kød eller slagtebiprodukter
15,4 + 303,4 EUR/100 kg/net
D
0210 99 10
– – – –
Hestekød, saltet, i saltlage eller tørret
6,4
B
0210 99 21
– – – – –
Ikke udbenet
222,7 EUR/100 kg/net
D
0210 99 29
– – – – –
Udbenet
311,8 EUR/100 kg/net
D
0210 99 31
– – – –
Af rensdyr
15,4
B
0210 99 39
– – – –
Andre varer
130 EUR/100 kg/net
B
0210 99 51
– – – – –
Nyretap og mellemgulv
15,4 + 303,4 EUR/100 kg/net
E
TKB2, TKB3
0210 99 59
– – – – –
Andre varer
12,8
E
TKB2, TKB3
0210 99 79
– – – – –
Andre varer
6,4
B
0210 99 85
– – – – –
Andre varer
15,4
B
0210 99 90
– – –
Spiseligt mel og pulver af kød eller slagtebiprodukter
15,4 + 303,4 EUR/100 kg/net
D
0304 71 90
– – –
Andre torsk
7,5
D
TKTorsk
0304 79 10
– – –
Fisk af arten 
Boreogadus saida
 (polartorsk)
7,5
D
TKTorsk
0305 43 00
– –
Ørred (
Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache
 og 
Oncorhynchus chrysogaster
)
14
D
ex 0305 72 00  (see note 2)
– –
Fiskehoveder, -haler og -svømmeblærer
13
D
ex 0305 79 00  (see note 2)
– –
Andre varer
13
D
0306 12 05
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0306 12 10
– – – –
Hel
6
B
0306 12 90
– – – –
I andre tilfælde
16
B
0306 14 05
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
8
D
0306 14 90
– – – –
Andre krabber
7,5
B
ex 0306 16 10  (see note 3)
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
D
TKRejer
ex 0306 17 10  (see note 3)
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
D
TKRejer
0306 22 30
– – – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0306 24 10
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
8
D
ex 0306 26 10  (see note 3)
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
D
TKRejer
ex 0306 27 10  (see note 3)
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
D
TKRejer
0307 19 10
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0307 29 05
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0307 39 05
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
D
0307 49 05
– – –
Røgede, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0307 59 05
– – –
Røgede, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0307 60 10
– –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0307 79 10
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0307 89 10
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0307 99 10
– – –
Røgede, også uden skal, også kogt før eller under røgningen, men ikke yderligere tilberedt
20
C
0407 11 00
– –
Af høns af arten 
Gallus domesticus
35 EUR/1 000  p/st
E
0407 19 19
– – –
I andre tilfælde
35 EUR/1 000  p/st
E
0407 21 00
– –
Af høns af arten 
Gallus domesticus
30,4 EUR/100 kg/net
E
0407 29 10
– – –
Af fjerkræ, undtagen af høns af arten 
Gallus domesticus
30,4 EUR/100 kg/net
E
0407 90 10
– –
Af fjerkræ:
30,4 EUR/100 kg/net
E
0408 11 80
– – –
I andre tilfælde
142,3 EUR/100 kg/net
E
0408 19 81
– – – –
Flydende
62 EUR/100 kg/net
E
0408 19 89
– – – –
I andre tilfælde, også frosne
66,3 EUR/100 kg/net
E
0408 91 80
– – –
I andre tilfælde
137,4 EUR/100 kg/net
E
0408 99 80
– – –
I andre tilfælde
35,3 EUR/100 kg/net
E
0702 00 00
Tomater, friske eller kølede
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0707 00 05
–
Agurker (undtagen drueagurker) og asier
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0709 91 00
– –
Artiskokker
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0709 93 10
– – –
Courgetter
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0710 40 00
–
Sukkermajs
5,1 + 9,4 EUR/100 kg/net
D
TKSM
0805 10 20
– –
Appelsiner, friske
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0805 20 10
– –
Klementiner
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0805 20 30
– –
Monreales og satsumas
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0805 20 50
– –
Mandariner og wilkings
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0805 20 70
– –
Tangeriner
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0805 20 90
– –
Andre varer
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0805 50 10
– –
Citroner (
Citrus limon
 og 
Citrus limonum
)
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0806 10 10
– –
Til spisebrug
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0808 10 80
– –
I andre tilfælde
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0808 30 90
– –
I andre tilfælde
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0809 10 00
–
Abrikoser
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0809 21 00
– –
Surkirsebær (
Prunus cerasus
)
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0809 29 00
– –
Andre varer
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0809 30 10
– –
Nektariner
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0809 30 90
– –
Andre varer
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
0809 40 05
– –
Blommer
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
1001 11 00
– –
Til udsæd
148 EUR/t
D
1001 19 00
– –
I andre tilfælde
148 EUR/t
D
1001 91 90
– – –
Andre varer
95 EUR/t
D
1001 99 00
– –
I andre tilfælde
95 EUR/t
D
TKBH
1002 10 00
-
Til udsæd
93 EUR/t
D
1002 90 00
–
I andre tilfælde
93 EUR/t
D
1003 90 00
–
I andre tilfælde
93 EUR/t
D
1004 10 00
–
Til udsæd
89 EUR/t
D
1004 90 00
–
I andre tilfælde
89 EUR/t
D
1108 11 00
– –
Hvedestivelse
224 EUR/t
D
1108 12 00
– –
Majsstivelse
166 EUR/t
D
1108 13 00
– –
Kartoffelstivelse
166 EUR/t
D
1108 14 00
– –
Maniokstivelse
166 EUR/t
D
1108 19 10
– – –
Risstivelse
216 EUR/t
D
1108 19 90
– – –
Anden stivelse
166 EUR/t
D
1604 14 21
– – – – –
I vegetabilsk olie
24
D
1604 14 26
– – – – – –
Filet (såkaldte »loins«)
24
D
1604 14 28
– – – – – –
Andre varer
24
D
1604 14 31
– – – – –
I vegetabilsk olie
24
D
1604 14 36
– – – – – –
Filet (såkaldte »loins«)
24
D
1604 14 38
– – – – – –
Andre varer
24
D
1604 14 41
– – – – –
I vegetabilsk olie
24
D
1604 14 46
– – – – – –
Filet (såkaldte »loins«)
24
D
1604 14 48
– – – – – –
Andre varer
24
D
1604 14 90
– – –
Bonit (
Sarda
-arter)
25
D
1604 20 70
– – –
Tunfisk, bugstribet bonit eller andre fisk af slægten 
Euthynnus
24
D
1605 10 00
–
Krabber
8
D
1605 21 90
– – –
I andre tilfælde
20
D
TKRejer
1605 29 00
– –
Andre varer
20
D
TKRejer
1605 30 90
– –
I andre tilfælde
20
C
1605 51 00
– –
Østers
20
C
1605 52 00
– –
Kammuslinger, herunder almindelig kammusling
20
C
1605 53 10
– – –
I hermetisk lukkede pakninger
20
D
1605 53 90
– – –
I andre tilfælde
20
D
1605 54 00
– –
Tiarmede blæksprutter
20
C
1605 55 00
– –
Ottearmet blæksprutte
20
C
1605 56 00
– –
Sandmuslinger, hjertemuslinger og arcamuslinger
20
C
1605 57 00
– –
Søøre
20
C
1605 58 00
– –
Snegle, undtagen havsnegle
20
C
1605 59 00
– –
Andre varer
20
C
1701 12 10
– – –
Til raffinering
33,9 EUR/100 kg/net
D
1701 12 90
– – –
I andre tilfælde
41,9 EUR/100 kg/net
D
1701 13 10
– – –
Til raffinering
33,9 EUR/100 kg/net
D
1701 13 90
– – –
I andre tilfælde
41,9 EUR/100 kg/net
D
1701 14 10
– – –
Til raffinering
33,9 EUR/100 kg/net
D
1701 14 90
– – –
I andre tilfælde
41,9 EUR/100 kg/net
D
1701 91 00
– –
Med indhold af tilsatte smagsstoffer eller farvestoffer
41,9 EUR/100 kg/net
D
1701 99 10
– – –
Hvidt sukker
41,9 EUR/100 kg/net
D
1701 99 90
– – –
Andre varer
41,9 EUR/100 kg/net
D
2005 80 00
–
Sukkermajs (
Zea mays var. saccharata
)
5,1 + 9,4 EUR/100 kg/net
E
TKSM
2009 61 10
– – –
Med en værdi pr. 100 kg netto på over 18 EUR
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
2009 69 19
– – – –
I andre tilfælde
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
2009 69 51
– – – – –
Koncentreret
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
2009 69 59
– – – – –
I andre tilfælde
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
2204 30 92
– – – –
Koncentreret
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
2204 30 94
– – – –
I andre tilfælde
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
2204 30 96
– – – –
Koncentreret
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
2204 30 98
– – – –
I andre tilfælde
Jf. bilag 2 til Kommissionens gennemførelsesforordning (EU) nr. 1101/2014 (s. 679)
AV0+EP
8702 10 11
– – –
Nye
16
C
8702 10 19
– – –
Brugte
16
C
8702 10 91
– – –
Nye
10
C
8702 10 99
– – –
Brugte
10
C
8702 90 11
– – – –
Nye
16
C
8702 90 19
– – – –
Brugte
16
C
8702 90 31
– – – –
Nye
10
C
8702 90 39
– – – –
Brugte
10
C
8702 90 90
– –
Med anden motor
10
C
8703 21 10
– – –
Nye
10
C
8703 22 10
– – –
Nye
10
D
8703 22 90
– – –
Brugte
10
D
8703 23 11
– – – –
Indrettet til beboelse eller camping
10
D
8703 23 19
– – – –
I andre tilfælde
10
D
8703 23 90
– – –
Brugte
10
D
8703 24 10
– – –
Nye
10
D
8703 24 90
– – –
Brugte
10
D
8703 31 10
– – –
Nye
10
D
8703 31 90
– – –
Brugte
10
D
8703 32 11
– – – –
Indrettet til beboelse eller camping
10
D
8703 32 19
– – – –
I andre tilfælde
10
D
8703 32 90
– – –
Brugte
10
D
8703 33 11
– – – –
Indrettet til beboelse eller camping
10
D
8703 33 19
– – –
I andre tilfælde
10
D
8703 33 90
– – –
Brugte
10
D
8703 90 10
– –
Med elektrisk motor
10
C
8703 90 90
– –
Med anden motor
10
C
8704 21 10
– – –
Specielt udformet til transport af højradioaktive stoffer (Euratom)
3,5
B
8704 21 31
– – – – –
Nye
22
B
8704 21 39
– – – – –
Brugte
22
B
8704 21 91
– – – – –
Nye
10
B
8704 21 99
– – – – –
Brugte
10
B
8704 22 10
– – –
Specielt udformet til transport af højradioaktive stoffer (Euratom)
3,5
B
8704 22 91
– – – –
Nye
22
B
8704 22 99
– – – –
Brugte
22
B
8704 23 10
– – – –
Specielt udformet til transport af højradioaktive stoffer (Euratom)
3,5
B
8704 23 91
– – – –
Nye
22
B
8704 23 99
– – – –
Brugte
22
B
8704 31 10
– – –
Specielt udformet til transport af højradioaktive stoffer (Euratom)
3,5
B
8704 31 31
– – – – –
Nye
22
B
8704 31 39
– – – – –
Brugte
22
B
8704 31 91
– – – – –
Nye
10
B
8704 31 99
– – – – –
Brugte
10
B
8704 32 10
– – –
Specielt udformet til transport af højradioaktive stoffer (Euratom)
3,5
B
8704 32 91
– – – –
Nye
22
B
8704 32 99
– – – –
Brugte
22
B
Note 1:
dækningen af produkterne på denne liste er defineret ved KN-koderne i Kommissionens gennemførelsesforordning (EU) nr. 1101/2014.
Note 2:
ex 0305 72 00  og ex 0305 79 00  — kun af ørred som præciseret i KN-kode 0305 43 00 .
Note 3:
ex 0306 16 10 , ex 0306 17 10 , ex 0306 26 10  og ex 0306 27 10  — undtagen i pakninger af nettovægt 2 kg og derunder.
BILAG 2-B
ERKLÆRING FRA PARTERNE VEDRØRENDE FORVALTNING AF TOLDKONTINGENTER
AFDELING A
Erklæring vedrørende Den Europæiske Unions forvaltning af toldkontingenter for okse- og svinekød i henhold til denne aftale
1.
Som et generelt princip bør forvaltningen af toldkontingenter være så handelsfremmende som muligt. Den må navnlig ikke forringe eller annullere de markedsadgangsforpligtelser, som parterne har forhandlet sig frem til; den skal desuden være gennemsigtig, forudsigelig, minimere transaktionsomkostningerne for de erhvervsdrivende, optimere udnyttelsen af kontingenterne og sigte mod at undgå potentiel spekulation.
Importlicensordningens struktur
Opdeling i kvartaler med overførsel af uudnyttede kontingentmængder mellem kvartalerne
2.
I hvert af afsætningsårets fire kvartaler stilles 25 % den årlige kontingentmængde til rådighed med henblik på ansøgninger om importlicens.
3.
Mængder, der fortsat måtte være til rådighed i slutningen af et kvartal, overføres automatisk til det efterfølgende kvartal indtil udgangen af afsætningsåret.
Frist for ansøgning om importlicens
4.
En ansøgning om importlicens antages i op til 45 kalenderdage forud for begyndelsen af hvert kvartal, og importlicensen udstedes senest 30 kalenderdage inden kvartalets begyndelse.
5.
Hvis efterspørgslen efter licenser i ansøgningsperioden overstiger de mængder, der er til rådighed for det pågældende kvartal, tildeles licenserne på pro rata-basis.
6.
Hvis den mængde, der er til rådighed i et givet kvartal, ikke tildeles fuldt ud i ansøgningsperioden, stilles den resterende mængde til rådighed for kvalificerede ansøgere, så disse kan ansøge herom, i resten af kvartalet. Der udstedes automatisk importlicenser efter anmodning, indtil den disponible mængde for det pågældende kvartal er fuldt ud tildelt.
Licensers gyldighed
7.
En importlicens er gyldig:
a)
fra udstedelsesdatoen eller den første dag i det kvartal, for hvilket importlicensen er udstedt, alt efter hvilken dato der er den seneste, og
b)
i fem måneder efter den relevante dato i litra a) eller indtil udgangen af afsætningsåret, alt efter hvilken dato der er den tidligste.
8.
Importlicenser kan anvendes ved alle Den Europæiske Unions indgangstoldsteder og til flerdobbelte sendinger.
Kvalifikationskriterier
9.
Kvalifikationskriterierne og tildelingsmetoden bør føre til, at kontingenterne går til dem, der med størst sandsynlighed vil udnytte dem, og de må ikke skabe hindringer for importen.
10.
I ansøgningsperioden tæller tidligere importører af okse- og bisonkød blandt de kvalificerede ansøgere til import af oksekød, og tidligere importører af okse-, bison- og svinekød blandt de kvalificerede ansøgere til import af svinekød.
11.
I et givet kvartal efter ansøgningsperioden, når der stilles licenser til rådighed efter anmodning, udvides kvalifikationskriterierne for ansøgere til også at omfatte grossister og akkrediterede kødforarbejdningsvirksomheder.
Sikkerhedsstillelse
Sikkerhedsstillelse i forbindelse med ansøgninger om importlicens
12.
Ved en ansøgning om licens stilles der en sikkerhed på højst 95 EUR pr. ton oksekød og 65 EUR pr. ton svinekød.
Overdragelse af licens og tilhørende sikkerhed
13.
Licenser kan ikke overdrages.
Returnering af licens og tilhørende sikkerhed
14.
Uudnyttede licensmængder kan returneres, inden de udløber og i op til fire måneder inden udgangen af afsætningsåret. En licenshaver kan returnere op til 30 procent af sin individuelle licensmængde. Når en sådan mængde returneres, frigives 60 procent af den tilhørende sikkerhed.
15.
Alle returnerede mængder stilles straks til rådighed for andre kvalificerede ansøgere, så disse kan ansøge herom, i resten af det pågældende kvartal, og overføres til de efterfølgende kvartaler, hvis der ikke er blevet anmodet om dem.
Frigivelse af sikkerhed og frigivelse af hele sikkerheden, når 95 procent af varerne er importeret
16.
Der frigives sikkerhed forholdsmæssigt, hver gang der faktisk er blevet importeret varer.
17.
Når 95 procent af en importørs individuelle licensmængde faktisk er importeret, frigives hele sikkerheden.
AFDELING B
Erklæring vedrørende Canadas forvaltning af toldkontingenter for ost i henhold til denne aftale
1.
Som et generelt princip bør forvaltningen af toldkontingenter være så handelsfremmende som muligt. Den må navnlig ikke forringe eller annullere de markedsadgangsforpligtelser, som parterne har forhandlet sig frem til; den skal desuden være gennemsigtig, forudsigelig, minimere transaktionsomkostningerne for de erhvervsdrivende, optimere udnyttelsen af kontingenterne og sigte mod at undgå potentiel spekulation.
2.
Kvalifikationskriterierne og tildelingsmetoden bør føre til, at kontingenterne går til dem, der med størst sandsynlighed vil udnytte dem, og de må ikke skabe hindringer for importen.
Importlicensordningens struktur
3.
Den årlige kontingentmængde fordeles blandt de kvalificerede ansøgere hvert år.
4.
Metoden for kontingenttildeling tager hvert år højde for nye ansøgere. I indkøringsperioden fra år 1 til år 5 stilles mindst 30 procent af toldkontingentet til rådighed for nye ansøgere hvert år. Efter slutningen af indkøringsperioden, i år 6 og efterfølgende år, stilles mindst 10 procent af toldkontingentet til rådighed for nye ansøgere.
5.
Kontingentmængden tildeles på kalenderårsbasis. Ansøgninger fra alle interesserede parter modtages og behandles efter bestemmelserne i »Understanding on Tariff Rate Quota Administration Provisions of Agricultural Products, as defined in Article 2 of the Agreement on Agriculture« — ministerafgørelse WT/MIN(13)/39 af 7. december 2013, og ansøgningsfristen er på fire til seks uger. Der kan importeres lige fra den årets første dag.
6.
Hvis toldkontingentet ikke er tildelt fuldt ud efter ansøgningsforløbet i punkt 3, udbydes de disponible mængder straks til de kvalificerede ansøgere i forhold til den andel, de allerede har fået tildelt, eller efter anmodning, hvis der stadig er mængder til overs efter det første udbud.
Kvalifikationskriterier
7.
For at være kvalificeret skal en ansøger som minimum være bosat i Canada og være regelmæssigt aktiv i den canadiske ostesektor i det pågældende år.
8.
I indkøringsperioden fra år 1 til år 5 er en ny ansøger en kvalificeret ansøger, der ikke har en tildeling under Canadas WTO-ostekontingent.
9.
Efter slutningen af indkøringsperioden, i år 6 og efterfølgende år, er en ny ansøger en kvalificeret ansøger, der ikke har en tildeling under Canadas WTO-ostekontingent, eller som ikke fik en kontingenttildeling i henhold til denne aftale året før.
10.
En ny ansøger betragtes som sådan i en periode på tre år.
11.
Når en ansøger ikke længere betragtes som ny, behandles vedkommende på samme måde som alle andre ansøgere.
12.
Canada kan overveje at begrænse tildelingerne til en bestemt procentdel, hvis det skønnes nødvendigt for at fremme et konkurrencepræget, retfærdigt og afbalanceret importmiljø.
Udnyttelse af importtildelinger og importtilladelser
13.
En kontingenttildeling er gyldig i et kontingentår eller, hvis den er udstedt efter kontingentårets begyndelse, i resten af kontingentåret.
14.
For at sikre, at importen modsvarer vilkårene på det indenlandske marked, og for at minimere handelshindringerne vil en indehaver af en tildeling normalt kunne anvende sin tildeling til frit at importere de produkter, der er omfattet af toldkontingentet, når som helst i løbet af året.
15.
En importør indsender på grundlag af sin tildeling en anmodning om importtilladelse for hver sending af de produkter, der er omfattet af toldkontingentet, og som importøren ønsker at importere til Canada. Importtilladelser udstedes normalt automatisk efter anmodning gennem det elektroniske system for udstedelse af tilladelser under Canadas regering. I henhold til de gældende bestemmelser kan der anmodes om importtilladelser i op til 30 dage forud for den planlagte indførselsdato, og de er gyldige i en periode på fem dage før og 25 dage efter indførselsdatoen.
16.
Tilladelser kan ikke overdrages.
17.
En importtilladelse kan ændres eller annulleres.
18.
Der kan gives tilladelse til overdragelse af tildelinger.
19.
En indehaver af en tildeling, der udnytter under 95 procent af sin tildeling i et givet år, kan blive pålagt en sanktion for underudnyttelse i det efterfølgende år, hvor den pågældende da vil få en tildeling svarende til den faktiske udnyttelse af den foregående tildeling. En indehaver af en tildeling, der pålægges en sanktion for underudnyttelse, vil blive underrettet herom inden den endelige tildeling af kontingentet.
20.
En indehaver af en tildeling kan returnere en uudnyttet mængde af sin tildeling op til en nærmere fastsat dato. Returnerede mængder betragtes som udnyttede i forbindelse med anvendelsen af sanktionen for underudnyttelse. Gentagne returneringer kan gøres til genstand for en sanktion.
21.
Returnerede mængder stilles normalt til rådighed for interesserede indehavere af en tildeling, som ikke har returneret nogen uudnyttet mængde af deres tildeling, dagen efter fristen for returneringer. Hvis der derefter er mængder til overs, kan de udbydes til anden interesseret tredjemand.
22.
Fristen for returnering fastsættes til en dato, der ligger tidligt nok til, at der er tilstrækkelig tid til at udnytte de returnerede mængder, og samtidig sent nok til, at indehavere af en tildeling kan beregne deres importbehov for resten af året, dvs. om muligt omkring midten af kontingentåret.
BILAG 4-A
SAMARBEJDE OM MOTORKØRETØJSFORSKRIFTER
Artikel 1
Mål og formål
1.   Parterne noterer sig samarbejdet mellem Canada og Europa-Kommissionen inden for videnskab og teknologi.
2.   Parterne bekræfter deres fælles vilje til at forbedre køretøjers sikkerhed og miljøpræstationer og deres engagement i den harmonisering, der tilstræbes inden for rammerne af 
De Forenede Nationers Økonomiske Kommission for Europas (»UNECE's«) globale aftale fra 1998, der forvaltes af Verdensforummet for Harmonisering af Køretøjsforskrifter (WP.29)
 (»den globale aftale fra 1998«).
3.   Parterne noterer sig deres vilje til at styrke indsatsen inden for reguleringssamarbejde i henhold til nærværende kapitel og kapitel enogtyve (reguleringssamarbejde).
4.   Parterne anerkender hinandens ret til hver især at fastlægge deres ønskede niveau for sundhed, sikkerhed samt miljø- og forbrugerbeskyttelse.
5.   Parterne ønsker at styrke deres samarbejde og at gøre mere effektiv brug af ressourcerne på områder, der vedrører tekniske forskrifter for motorkøretøjer, på en måde, som ikke forringer den enkelte parts evne til at leve op til sit ansvar.
6.   Formålet med dette bilag er styrke samarbejdet og kommunikationen, herunder informationsudvekslingen, om forskningsaktiviteter vedrørende motorkøretøjers sikkerhed og miljøpræstationer i forbindelse med udarbejdelsen af nye tekniske forskrifter eller hertil relaterede standarder — for at fremme anvendelsen og anerkendelsen af de globale tekniske forskrifter inden for rammerne af den globale aftale fra 1998 og en eventuel fremtidig harmonisering — mellem parterne, for så vidt angår forbedringer og andre udviklinger inden for tekniske forskrifter for motorkøretøjer og hertil relaterede standarder.
Artikel 2
Samarbejdsområder
Parterne tilstræber at udveksle oplysninger og at samarbejde om aktiviteter på følgende områder:
a)
udarbejdelse og fastlæggelse af tekniske forskrifter og hertil relaterede standarder
b)
evaluering af tekniske forskrifter og hertil relaterede standarder efter disses gennemførelse
c)
udarbejdelse og formidling af oplysninger til forbrugerne vedrørende forskrifter for motorkøretøjer og hertil relaterede standarder
d)
udveksling af forskningsoplysninger og -resultater vedrørende udarbejdelsen af nye forskrifter for køretøjers sikkerhed og hertil relaterede standarder samt avancerede teknologier til emissionsreduktion og elektriske køretøjer, og
e)
udveksling af tilgængelige oplysninger om påvisning af sikkerheds- og emissionsrelaterede fejl og manglende overholdelse af tekniske forskrifter.
Artikel 3
Samarbejdsformer
Parterne bestræber sig på at opretholde en åben og løbende dialog om tekniske forskrifter for motorkøretøjer og hertil relaterede standarder. Med henblik herpå tilstræber parterne:
a)
at mødes mindst en gang om året (herunder i forbindelse med møderækkerne i WP.29) via videokonference eller ved direkte møder, skiftevis i Canada og Den Europæiske Union
b)
at udveksle oplysninger om indenlandske og internationale programmer og dagsordener, herunder planlægning af forskningsprogrammer, vedrørende udarbejdelsen af nye tekniske forskrifter og hertil relaterede standarder
c)
i fællesskab at bidrage til at fremme en bedre international harmonisering af tekniske krav gennem multilaterale fora såsom den globale aftale fra 1998, bl.a. gennem samarbejde om planlægning af initiativer til støtte for sådanne aktiviteter
d)
at udveksle og drøfte FoU-planer vedrørende tekniske forskrifter for motorkøretøjers sikkerhed og miljøpræstationer og hertil relaterede standarder
e)
at gennemføre fælles analyser samt udvikle metodologier og tilgange, alt efter hvad der måtte være til gavn for begge parter, praktisk og belejligt, med henblik på at bidrage til og befordre udarbejdelsen af tekniske forskrifter for motorkøretøjer og hertil relaterede standarder, og
f)
at udarbejde yderligere bestemmelser om samarbejde.
Artikel 4
Indarbejdelse af De Forenede nationers regulativer i canadisk ret
1.   Parterne anerkender, at Canada har indarbejdet en række tekniske forskrifter fra FN-regulativer i sine 
Motor Vehicle Safety Regulations
, C.R.C., c. 1038, med de tilpasninger, landet har fundet nødvendige, jf. bilag 4-A-1.
2.   Canada bibeholder retten til at ændre sin lovgivning, herunder med hensyn til hvilke FN-regulativer der indarbejdes i dets lovgivning, eller den måde, hvorpå eller i hvilket omfang disse regulativer indarbejdes i lovgivningen. Inden sådanne ændringer foretages, underretter Canada Den Europæiske Union og er efter anmodning rede til at give en begrundelse for de pågældende ændringer. Canada anerkender fortsat de relevante FN-regulativer, medmindre det fører til et lavere sikkerhedsniveau end de indførte ændringer eller skader processen for nordamerikansk integration.
3.   Parterne fører tekniske konsultationer med henblik på senest tre år efter denne aftales ikrafttræden at afgøre, hvorvidt de tekniske forskrifter i de FN-regulativer, der er opført i bilag 4-A-2, også bør indarbejdes i Canadas 
Motor Vehicle Safety Regulations
 med de ændringer, Canada måtte finde nødvendige. Disse tekniske forskrifter bør indarbejdes, medmindre det fører til et lavere sikkerhedsniveau end de canadiske forskrifter eller skader processen for nordamerikansk integration.
4.   Parterne fører også tekniske konsultationer med henblik på at afgøre, om andre tekniske forskrifter bør medtages i bilag 4-A-2.
5.   Canada indfører og opretholder en liste over tekniske forskrifter fra FN-regulativer, som er indarbejdet i dets 
Motor Vehicle Safety Regulations
. Canada offentliggør denne liste.
6.   For at fremme forskriftskonvergens udveksler parterne, i det omfang det er muligt, oplysninger om deres respektive tekniske forskrifter for motorkøretøjers sikkerhed.
Artikel 5
Velvillig hensyntagen til den anden parts tekniske forskrifter
Når en part udarbejder en ny teknisk forskrift for motorkøretøjer og dele dertil, eller når den ændrer en eksisterende forskrift, tager den hensyn til den anden parts tekniske forskrifter, herunder dem, der er fastsat inden for rammerne af UNECE's Verdensforum for Harmonisering af Køretøjsforskrifter (WP.29). Parten gør efter anmodning fra den anden part rede for, i hvilket omfang den har taget hensyn til den anden parts tekniske forskrifter ved udarbejdelsen af sine nye tekniske forskrifter.
Artikel 6
Samarbejde med Amerikas Forenede Stater
Parterne anerkender deres fælles interesse i at samarbejde med Amerikas Forenede Stater om tekniske forskrifter for motorkøretøjer. Hvis Den Europæiske Union og De Forenede Stater indgår en aftale eller et arrangement vedrørende harmoniseringen af deres respektive tekniske forskrifter for motorkøretøjer, samarbejder parterne med henblik på at tage stilling til, om de bør indgå en lignende aftale eller et lignende arrangement.
BILAG 4-A-1
Liste, der er nævnt i bilag 4-A, artikel 4.1
FN-regulativ
FN-regulativets betegnelse
Canadisk forskrift, som FN-regulativet helt eller delvist er indarbejdet i
Betegnelse på den canadiske forskrift, som FN-regulativet helt eller delvist er indarbejdet i
Nr. 98
Ensartede forskrifter for godkendelse af forlygter, som er bestemt til anvendelse på motordrevne køretøjer og er udstyret med gasudladningslyskilde
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
Nr. 112
Ensartede forskrifter for godkendelse af forlygter, som er bestemt til anvendelse på motordrevne køretøjer og afgiver asymmetrisk nærlys og/eller fjernlys og er udstyret med glødelamper og/eller LED-moduler
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
Nr. 113
Ensartede forskrifter for godkendelse af forlygter, som er bestemt til anvendelse på motordrevne køretøjer og afgiver asymmetrisk nærlys og/eller fjernlys og er udstyret med glødelamper, gasudladningslyskilder eller LED-moduler
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
Nr. 51
Ensartede bestemmelser for godkendelse af motordrevne køretøjer med mindst fire hjul med hensyn til støjemissioner
CMVSS 1106
 (
*1
)
Noise Emissions
Nr. 41
Ensartede forskrifter for godkendelse af motorcykler for så vidt angår støjemissioner
CMVSS 1106
 (
*1
)
Noise Emissions
Nr. 11
Ensartede forskrifter for godkendelse af køretøjer for så vidt angår dørlåse og dørophæng
CMVSS 206
 (
*1
)
Door Locks and Door Retention Components
No. 116 (kun startspærre)
Ensartede bestemmelser for tyverisikring af motorkøretøjer (kun startspærre)
CMVSS 114
 (
*1
)
Theft Protection and Rollaway Prevention
Nr. 42
Ensartede forskrifter for godkendelse af køretøjer for så vidt angår afskærmning for- og bagtil (kofangere mv.)
CMVSS 215
 (
*1
)
Bumpers
Nr. 78
Ensartede forskrifter for godkendelse af køretøjer i klasse L1, L2, L3, L4 og L5 hvad angår bremsesystemet
CMVSS 122
 (
*1
)
Motorcycle Brake Systems
Nr. 8
Ensartede forskrifter for godkendelse af forlygter, som er bestemt til anvendelse på motordrevne køretøjer og afgiver asymmetrisk nærlys og/eller fjernlys og er udstyret med halogenglødelamper (H1, H2, H3, HB3, HB4, H7, H8, H9, HIR1, HIR2 og/eller H11)
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
Nr. 20
Ensartede forskrifter for godkendelse af forlygter, som er bestemt til anvendelse på motordrevne køretøjer og afgiver asymmetrisk nærlys og/eller fjernlys og er udstyret med halogenglødelamper (H4-lamper)
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
Nr. 31
Ensartede forskrifter for godkendelse af halogen sealed-beam-forlygter (HSB) til motordrevne køretøjer, som afgiver europæisk asymmetrisk nærlys og/eller fjernlys
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
Nr. 57
Ensartede forskrifter for godkendelse af forlygter til motorcykler og køretøjer, der behandles som sådanne
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
Nr. 72
Ensartede forskrifter for godkendelse af motorcykelforlygter, der afgiver asymmetrisk nærlys og fjernlys og er udstyret med halogenlamper (HS1-lamper)
CMVSS 108
 (
*1
)
Lighting System and Retroreflective Devices
No. 13H (kun elektronisk stabilitetskontrol)
Ensartede forskrifter for godkendelse af personbiler hvad angår bremsesystemet (kun elektronisk stabilitetskontrol)
CMVSS 126
Electronic Stability Control Systems
Nr. 60
Ensartede forskrifter for godkendelse af tohjulede motorcykler og knallerter for så vidt angår førerbetjente betjeningsorganer, herunder identificering af betjeningsorganer, kontrolanordninger og indikatorer
CMVSS 123
Motorcycle Controls and Displays
Nr. 81
Ensartede forskrifter for godkendelse af førerspejle på tohjulede motordrevne køretøjer med eller uden sidevogn med hensyn til montering af førerspejle på styr
CMVSS 111
Mirrors
(
*1
)
  Forskriftens ordlyd den 13. februar 2013.
BILAG 4-A-2
Liste, der er nævnt i bilag 4-A, artikel 4.3
FN-regulativ
FN-regulativets betegnelse
Nr. 12
Ensartede forskrifter for godkendelse af køretøjer hvad angår de af køretøjets dele, som bidrager til beskyttelse af føreren mod styreapparatet i tilfælde af et sammenstød
Nr. 17
Ensartede forskrifter vedrørende godkendelsen af køretøjer for så vidt angår sæder, sædeforankringer og eventuelle nakkestøtter
Nr. 43
Ensartede forskrifter for godkendelse af sikkerhedsrudematerialer og deres montering på køretøjer
Nr. 48
Ensartede forskrifter for godkendelse af køretøjer for så vidt angår montering af lygter og lyssignaler
Nr. 87
Ensartede forskrifter for godkendelse af kørelyslygter til motordrevne køretøjer
Nr. 53
Ensartede forskrifter for godkendelse af køretøjer i klasse L3 for så vidt angår montering af lygter og lyssignaler
Nr. 116
Ensartede tekniske forskrifter for tyverisikring af motorkøretøjer
Nr. 123
Ensartede forskrifter for godkendelse af adaptive forlygtesystemer (AFS) til motorkøretøjer
BILAG 5-A
Kompetente myndigheder
Den Europæiske Unions kompetente myndigheder
1.
De nationale myndigheder i medlemsstaterne og Europa-Kommissionen deler ansvaret for kontrollen. I den forbindelse gælder følgende:
a)
ved eksport til Canada er medlemsstaterne ansvarlige for kontrol af produktionsforhold og -betingelser, herunder gennemførelse af den foreskrevne inspektion eller revision og udstedelse af sundhedscertifikater, der bekræfter, at de aftalte SPS-foranstaltninger og -betingelser er overholdt
b)
ved import fra Canada er medlemsstaterne ansvarlige for kontrol af, at de importerede varer opfylder Den Europæiske Unions importbetingelser, og
c)
Europa-Kommissionen er ansvarlig for den overordnede koordinering, inspektion eller revision af kontrolordningerne og de foranstaltninger, herunder lovgivningsmæssige tiltag, der er nødvendige for at sikre ensartet anvendelse af de i denne aftale fastsatte standarder og betingelser.
Canadas kompetente myndigheder
2.
Følgende myndigheder er ansvarlige for anvendelsen af SPS-foranstaltninger for indenlandsk producerede, eksporterede og importerede dyr og animalske produkter, planter og planteprodukter og for at udstede sundhedscertifikater, der bekræfter, at de aftalte SPS-foranstaltninger er overholdt, medmindre andet er anført:
a)
Canadian Food Inspection Agency (»CFIA«)
b)
Department of Health, hvis det er relevant, eller
c)
denne myndigheds efterfølger som meddelt den anden part.
BILAG 5-B
REGIONALE FORHOLD
Sygdomme, for hvilke der kan træffes regionaliseringsbeslutninger:
Sygdomme
1.
Mund- og klovesyge
2.
Vesikulær stomatitis
3.
Smitsomt blæreudslæt hos svin
4.
Kvægpest
5.
Fåre- og gedepest
6.
Oksens ondartede lungesyge
7.
Lumpy skin disease
8.
Rift Valley fever
9.
Bluetongue
10.
Fåre- og gedekopper
11.
Afrikansk hestepest
12.
Afrikansk svinepest
13.
Klassisk svinepest
14.
Anmeldelsespligtig aviær influenza
15.
Newcastle disease
16.
Venezuelansk hesteencephalitis
17.
Epizootisk hæmoragi
Sygdomme hos vanddyr
Parterne kan drøfte listen over sygdomme hos vanddyr på grundlag af OIE's Aquatic Animal Health Code.
BILAG 5-C
PROCEDURE FOR ANERKENDELSE AF REGIONALE FORHOLD
Dyresygdomme
Skal aftales i en senere fase.
Planteskadegørere
Skal aftales i en senere fase.
BILAG 5-D
RETNINGSLINJER FOR BESTEMMELSE, ANERKENDELSE OG BEVARELSE AF ÆKVIVALENS
Bestemmelse og anerkendelse af ækvivalens
Skal aftales i en senere fase.
Bevarelse af ækvivalens
1.
Hvis en part agter at indføre, ændre eller ophæve en SPS-foranstaltning på et område, for hvilket det har meddelt anerkendelse af ækvivalens som omhandlet i artikel 5.6.3, litra a), eller anerkendelse som omhandlet i artikel 5.6.3, litra b), skal den:
a)
evaluere, om indførelsen, ændringen eller ophævelsen af SPS-foranstaltningen kan påvirke anerkendelsen, og
b)
underrette den anden part om, at den agter at indføre, ændre eller ophæve SPS-foranstaltningen, og om evalueringen i henhold til litra a). Underretningen skal gives på et passende tidligt tidspunkt, hvor der stadig kan foretages ændringer og tages hensyn til bemærkninger.
2.
Hvis en part indfører, ændrer eller ophæver en SPS-foranstaltning på et område, for hvilket den har meddelt anerkendelse, skal den importerende part fortsat godtage anerkendelsen af ækvivalens som omhandlet i artikel 5.6.3, litra a), eller den i artikel 5.6.3, litra b), omhandlede anerkendelse, alt efter hvad der måtte være relevant, på det pågældende område, indtil den har meddelt den eksporterende part, om der er særlige betingelser, der skal opfyldes, og, hvis det er tilfældet, har forelagt den eksporterende part de særlige betingelser. Den importerende part skal rådføre sig med den eksporterende part om udformningen af disse særlige betingelser.
BILAG 5-E
ANERKENDELSE AF SUNDHEDS- OG PLANTESUNDHEDSFORANSTALTNINGER
Generelle bemærkninger
1.
Hvis en part ændrer en SPS-foranstaltning, som er opført i nærværende bilag, finder den ændrede SPS-foranstaltning anvendelse på varer, der importeres fra den anden part, under hensyntagen til punkt 2 i bilag 5-D. Ajourførte SPS-foranstaltninger vil være at finde i parternes respektive lovtidender.
2.
Hvis en importerende part bestemmer, at en særlig betingelse, der er opført i nærværende bilag, ikke længere er nødvendig, underretter parten den anden part i overensstemmelse med artikel 26.5 om, at den ikke længere agter at anvende den pågældende særlige betingelse på varer, der importeres fra den anden part.
3.
Det skal præciseres, at SPS-foranstaltninger truffet af en importerende part, som ikke er opført i nærværende bilag, eller foranstaltninger, som ikke er SPS-foranstaltninger, truffet af en importerende part, eventuelt finder anvendelse på varer, der importeres fra den anden part.
AFDELING A
Sundhedsforanstaltninger
SPS-område
Eksport fra Den Europæiske Union til Canada
Eksport fra Canada til Den Europæiske Union
Den Europæiske Unions SPS-foranstaltning(er)
Canadas SPS-foranstaltning(er)
Særlig(e) betingelse(r):
Canadas SPS-foranstaltning(er)
Den Europæiske Unions SPS-foranstaltning(er)
Særlig(e) betingelse(r):
Sæd
Kvæg
Dyresundhed
Direktiv 88/407
—
Health of Animals Act
, S.C. 1990, c. 21
—
Health of Animals Regulations
, C.R.C., c. 296
Tyrestationen skal være klinisk fri for paratuberkulose
—
Health of Animals Act
—
Health of Animals Regulations
—
CFIA, Artificial Insemination Program
Direktiv 88/407
1.   Enzootisk kvægleukose: (serum) enzymbundet immunosorbent assay (»ELISA«).
Herudover skal den uterine moder til den kommende donortyr efter dennes afvænning om muligt underkastes en ELISA til påvisning af enzootisk kvægleukose, og resultatet heraf skal være negativt.
Der skal obligatorisk foretages en sådan undersøgelse af den uterine moder ved eksport af sæd til EU-medlemsstaterne, når sæden opsamles fra en donortyr, inden den er 24 måneder gammel; og der skal foretages en ELISA med negativt resultat, efter at tyren har nået en alder af 24 måneder. Der stilles ikke krav om en sådan undersøgelse, hvis den kommende donortyr kommer fra en Canada Health Accredited Herd for Enzootic bovine leucosis (en besætning, der er sundhedsgodkendt mht. enzootisk kvægleukose), og
2.   Infektiøs bovin rhinotracheitis: (serum) ELISA.
Der skal foretages en halvårlig undersøgelse med henblik på påvisning af infektiøs bovin rhinotracheitis af alle holdte dyr på faciliteter, der er frie for infektiøs bovin rhinotracheitis, og som er godkendt til eksport til Den Europæiske Union. Kun faciliteter, der er frie for infektiøs bovin rhinotracheitis, må eksportere sæd til Den Europæiske Union.
Embryoner
In vivo-befrugtede kvægembryoner
Dyresundhed
Direktiv 89/556
—
Health of Animals Act
—
Health of Animals Regulations
, Part XIII
—
Health of Animals Act
—
Health of Animals Regulations
—
CFIA Embryo Export Approval Program
Direktiv 89/556
Beslutninger
2006/168
2007/240
1.
Donorkøerne skal i de seks måneder umiddelbart inden opsamlingen i Canada have opholdt sig i højst to besætninger:
a)
der i henhold til officielle undersøgelsesresultater var frie for tuberkulose
b)
der i henhold til officielle undersøgelsesresultater var frie for brucellose
c)
der var frie for enzootisk kvægleukose, eller hvor intet dyr havde udvist kliniske tegn på enzootisk kvægleukose i de foregående tre år, og
d)
hvor intet dyr havde udvist kliniske tegn på rhinotracheitis infectiosa bovis eller vulvovaginitis infectiosa pustulosa bovis i de foregående 12 måneder.
2.
Der må ikke have været udbrud af epizootisk hæmoragi inden for en radius på 10 km af dér, hvor donorkoen befandt sig, i de 30 dage, der gik forud for opsamlingen, og
3.
Sæden opsamles og opbevares på opsamlingsstationer eller opbevares på opbevaringsstationer, som er godkendt af CFIA, eller sæden opsamles og opbevares på opsamlingsstationer eller opbevares på opbevaringsstationer, som er godkendt af en kompetent myndighed i et tredjeland, som er godkendt med henblik på eksport af sæd til Den Europæiske Union, eller sæden er eksporteret fra Den Europæiske Union.
Fersk kød
Drøvtyggere, dyr af hestefamilien, svin, fjerkræ, opdrættet vildt (hjorte, kaniner og strudsefugle)
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
2073/2005
2015/1375
—
Meat Inspection Act
, R.S.C. 1985, c. 25 (1st Supp.)
—
Meat Inspection Regulations, 1990
, S.O.R./90-288
—
Food and Drugs Act
, R.S.C., 1985, c. F-27
—
Food and Drug
Regulations
, C.R.C., c. 870
1.
De canadiske forskrifter vedrørende transmissibel spongiform encephalopati skal overholdes.
2.
Udtagning af indvolde må ikke udskydes for længe.
3.
Den importerende parts mikrobiologiske fødevaresikkerhedskriterier skal overholdes.
4.
Svinekød, der skal forarbejdes til spiseklare produkter, skal testes og fryses i overensstemmelse med Kommissionens gennemførelsesforordning (EU) 2015/1375.
5.
Blod skal indsamles i lukkede systemer.
6.
Kød af nødslagtede dyr må ikke handles.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
2073/2005
2015/1375
Jf. tillæg A.
Kødprodukter
Drøvtyggere, dyr af hestefamilien, svin, fjerkræ og opdrættet vildt
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
2073/2005
—
Meat Inspection Act
—
Meat Inspection Regulations,1990
—
Food and Drugs Act
—
Food and Drug Regulations
1.
Fersk kød, der anvendes til fremstilling af kødprodukter, skal overholde de gældende særlige betingelser, bortset fra den særlige betingelse i punkt 4, når det færdige produkt underkastes varmebehandling ved en temperatur, der er tilstrækkelig til at tilintetgøre trikiner.
2.
Den importerende parts produktstandarder skal overholdes.
3.
Den importerende parts mikrobiologiske fødevaresikkerhedskriterier skal overholdes.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drug Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
2073/2005
1.
Fersk kød, der anvendes til fremstilling af kødprodukter, skal overholde de gældende særlige betingelser, bortset fra den særlige betingelse i tillæg A, punkt 6, litra a), når det færdige produkt underkastes varmebehandling ved en temperatur, der er tilstrækkelig til at tilintetgøre trikiner.
2.
Den importerende parts produktstandarder skal overholdes.
3.
Den importerende parts mikrobiologiske fødevaresikkerhedskriterier skal overholdes.
Hakket kød, tilberedt kød
Drøvtyggere, dyr af hestefamilien, svin, fjerkræ og opdrættet vildt
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
2073/2005
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
1.
Fersk kød til fremstilling af kødprodukter skal overholde de gældende særlige betingelser
2.
Den importerende parts produktstandarder skal overholdes
3.
Den importerende parts mikrobiologiske fødevaresikkerhedskriterier skal overholdes.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
2073/2005
1.
Fersk kød til fremstilling af kødprodukter skal overholde de gældende særlige betingelser.
2.
Den importerende parts produktstandarder skal overholdes.
3.
Den importerende parts mikrobiologiske fødevaresikkerhedskriterier skal overholdes.
Forarbejdet animalsk protein til konsum
Drøvtyggere, dyr af hestefamilien, svin, fjerkræ og opdrættet vildt
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
1
Fersk kød, der anvendes til fremstilling af kødprodukter, skal overholde de gældende særlige betingelser, bortset fra den særlige betingelse i punkt 4, når det færdige produkt underkastes varmebehandling ved en temperatur, der er tilstrækkelig til at tilintetgøre trikiner.
2.
Den importerende parts produktstandarder skal overholdes.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
1.
Fersk kød, der anvendes til fremstilling af kødprodukter, skal overholde de gældende særlige betingelser, bortset fra den særlige betingelse i tillæg A, punkt 6, litra a), når det færdige produkt underkastes varmebehandling ved en temperatur, der er tilstrækkelig til at tilintetgøre trikiner.
2.
Den importerende parts produktstandarder skal overholdes.
Afsmeltet animalsk fedt til konsum
Drøvtyggere, dyr af hestefamilien, svin, fjerkræ og opdrættet vildt
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
1.
Fersk kød til fremstilling af kødprodukter skal overholde de gældende særlige betingelser, bortset fra den særlige betingelse i punkt 4.
2.
Den importerende parts produktstandarder skal overholdes.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
1.
Fersk kød til fremstilling af kødprodukter skal overholde de gældende særlige betingelser, bortset fra den særlige betingelse i tillæg A, punkt 6, litra a).
2.
Den importerende parts produktstandarder skal overholdes.
Dyretarme til konsum
Kvæg, får, geder og svin
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
De canadiske forskrifter vedrørende transmissibel spongiform encephalopati skal overholdes.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Food and Drugs Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
Den Europæiske Unions forskrifter vedrørende transmissibel spongiform encephalopati skal overholdes.
Fiskevarer og levende toskallede bløddyr
Fisk og fiskevarer til konsum
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
2073/2005
2074/2005
—
Fish Inspection Act
, R.S.C. 1985, c. F-12
—
Fish Inspection Regulations
, C.R.C., c. 802
—
Food and Drugs Act
—
Food and Drug Regulations
Røget fisk emballeret i hermetisk lukkede beholdere, som ikke er frosset, skal have et saltindhold på mindst 9 procent (vandfasemetode).
Det canadiske system og Den Europæiske Unions system anses for at give et ligestillet niveau med hensyn til mikrobiologiske krav. De mikrobiologiske kriterier, der anvendes af Canada og Den Europæiske Union for slutprodukter, afviger dog fra hinanden på visse punkter. For eksporterede produkter er det eksportørens ansvar at sikre, at produkterne opfylder importlandets fødevaresikkerhedskriterier.
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
2073/2005
2074/2005
Det canadiske system og Den Europæiske Unions system anses for at give et ligestillet niveau med hensyn til mikrobiologiske krav. De mikrobiologiske kriterier, der anvendes af Canada og Den Europæiske Union for slutprodukter, afviger dog fra hinanden på visse punkter. For eksporterede produkter er det eksportørens ansvar at sikre, at produkterne opfylder importlandets fødevaresikkerhedskriterier.
Rensede fisk uden hoved til konsum
Dyresundhed
Direktiv 2006/88
—
Health of Animals Act
—
Health of Animals Regulations
, Part XVI
—
Reportable Disease Regulations
, S.O.R./91-2
—
Health of Animals Act
—
Health of Animals Regulations
, Part XVI
Direktiv 2006/88
Forordning 1251/2008
Levende toskallede bløddyr til konsum, inkl. pighuder, sækdyr og havsnegle
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
2074/2005
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
Det canadiske system og Den Europæiske Unions system anses for at give et ligestillet niveau med hensyn til mikrobiologiske krav. De mikrobiologiske kriterier, der anvendes af Canada og Den Europæiske Union for slutprodukter, afviger dog fra hinanden på visse punkter. For eksporterede produkter er det eksportørens ansvar at sikre, at produkterne opfylder importlandets fødevaresikkerhedskriterier.
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Management of Contaminated 
Fisheries Regulations
, S.O.R./90-351
—
Food and Drugs Act
—
Food and Drug Regulations
Forordninger
852/2004
853/2004
854/2004
2074/2005
Der skal foretages risikobaseret overvågning af levende toskallede bløddyr for DSP-toksiner (DSP — diarréfremkaldende skaldyrsgift).
Det canadiske system og Den Europæiske Unions system anses for at give et ligestillet niveau med hensyn til mikrobiologiske krav. De mikrobiologiske kriterier, der anvendes af Canada og Den Europæiske Union for slutprodukter, afviger dog fra hinanden på visse punkter. For eksporterede produkter er det eksportørens ansvar at sikre, at produkterne opfylder importlandets fødevaresikkerhedskriterier.
Fisk, der er fanget i henhold til en fritidsfiskeritilladelse udstedt af Canada
Folkesundhed
—
Fish Inspection Act
—
Fish Inspection Regulations
Forordninger
852/2004
853/2004
854/2004
2073/2005
For fisk, der er fanget i henhold til en fritidsfiskeritilladelse udstedt af Canada, hvorpå importørens navn er angivet, gælder følgende betingelser:
1.
Fisken skal være fanget i canadiske fiskevande inden for tilladelsens gyldighedsperiode under overholdelse af Canadas sportfiskeriregler, og grænserne for fangstbeholdning skal være overholdt.
2.
Fisken skal være renset i henhold til relevante hygiejne- og konserveringsforanstaltninger.
3.
Fisken må ikke være en giftig art eller en art, der kan indeholde biotoksiner.
4.
Fisken skal føres ind i Den Europæiske Union senest en måned efter fritidsfiskeritilladelsens sidste gyldighedsdato og må ikke være bestemt til markedsføring. En genpart af fritidsfiskeritilladelsen skal vedlægges ledsagedokumentet.
Mælk og mejeriprodukter til konsum
Pasteuriserede eller ikke-pasteuriserede oste fremstillet af ikke-pasteuriseret mælk (eller mælk, der er varmebehandlet ved lav varme) og oste af rå mælk, der er modnet i mindst 60 dage
Folkesundhed
Forordninger
852/2004
853/2004
854/2004
—
Health of Animals Act
—
Health of Animals Regulations
, s. 34
—
Food and Drugs Act
—
Food and Drug Regulations
, Part B, Division 8
—
Canada Agricultural Products Act
, R.S.C 1985, c. 20 (4th Supp.)
—
Dairy Products Regulations
, S.O.R./79-840
Det canadiske system og Den Europæiske Unions system anses for at give et ligestillet niveau med hensyn til mikrobiologiske krav. De mikrobiologiske kriterier, der anvendes af Canada og Den Europæiske Union for slutprodukter, afviger dog fra hinanden på visse punkter. For eksporterede produkter er det eksportørens ansvar at sikre, at produkterne opfylder importlandets fødevaresikkerhedskriterier.
—
Food and Drugs Act
—
Food and Drug Regulations
, Part B, Division B
—
Canada Agricultural Products Act
—
Dairy Products Regulations
Afgørelse 2011/163
Forordninger
852/2004
853/2004
854/2004
605/2010
1.
Canada skal evaluere HACCP-systemerne (Hazard Analysis Critical Control Point systems) i virksomheder, som ikke er anerkendt i henhold til Food Safety Enhancement Program (FSEP-HACCP-anerkendt), for at sikre, at de drives i henhold til HACCP-principperne.
2.
Der kræves to underskrifter på eksportcertifikatet: dyresundhedserklæringer skal være underskrevet af en embedsdyrlæge, og folkesundhedserklæringer skal være underskrevet af en officiel inspektør.
Det canadiske system og Den Europæiske Unions system anses for at give et ligestillet niveau med hensyn til mikrobiologiske krav. De mikrobiologiske kriterier, der anvendes af Canada og Den Europæiske Union for slutprodukter, afviger dog fra hinanden på visse punkter. For eksporterede produkter er det eksportørens ansvar at sikre, at produkterne opfylder importlandets fødevaresikkerhedskriterier.
Dyretarme — ikke til konsum
Svin
Dyresundhed
Forordning 1069/2009
—
- Health of Animals Act
—
Health of Animals Regulations
, Part IV
Ben, horn, hove og klove (undtagen mel) og produkter heraf — ikke til konsum
Dyresundhed
—
Health of Animals Act
—
Health of Animals Regulations
Forordning 1069/2009
Certifikat i henhold til beslutning 97/534.
Blod og blodprodukter — ikke til konsum
Drøvtyggere
Dyresundhed
Forordning 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part IV and Part XIV
—
Feeds Act
, R.S.C. 1985, c. F-9
—
Feeds Regulations
, 1983, S.O.R./83-593
De canadiske forskrifter vedrørende transmissibel spongiform encephalopati skal overholdes.
Biavlsprodukter — ikke til konsum
Dyresundhed
Forordning 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part VI
Produkterne skal være behandlet ved f.eks. frysetørring, bestråling eller vakuumpakning.
—
Health of Animals Act
—
Health of Animals Regulations
—
Bee Products Directive TAHD-DSAT-IE-2001-3-6, January 5, 2011
Forordning 1069/2009
1.
Ingen restriktioner for biavlsprodukter, der anvendes til foder, konsum eller i industrien.
2.
Biavlsprodukter, der anvendes til foder til bier, skal være behandlet.
Uld, fjer og hår
Uld
Dyresundhed
Forordning 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part IV
Oprindelsescertifikat
—
Health of Animals Act
—
Health of Animals Regulations
Forordning 1069/2009
Svinebørster
Dyresundhed
Forordning 1069/2009
—
Health of Animals Act
—
Health of Animals Regulations
, Part IV
Oprindelsescertifikat
—
Health of Animals Act
—
Health of Animals Regulations
Forordning 1069/2009
Æg med skal og ægprodukter til konsum
Dyresundhed
Direktiver
90/539
2002/99
—
Health of Animals Act
—
Health of Animals Regulations
, Part III and Part IV (for æg med skal og ægprodukter)
1.
Oprindelseserklæring
2.
Udstedelse af veterinærcertifikat
Egg Products
 — 
Import Procedures
, AHPD-DSAE-IE-2001-5-3, December 20, 1995
Direktiver
90/539
2002/99
Horisontale emner
Liste over virksomheder
Forordninger
2004/852
2004/853
2004/854
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Canada Agricultural Products Act
—
Dairy Products Regulations
Lister er et krav i forbindelse med fersk kød og kødprodukter.
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Canada Agricultural Products Act
—
Dairy Products Regulations
Forordninger
2004/852
2004/853
2004/854
Følgende betingelser gælder alle dyr og animalske produkter, som er anerkendt i folkesundhedsmæssig sammenhæng, og i forbindelse med hvilke en liste over virksomheder er påkrævet:
1.
Canada skal indføre listerne over canadiske virksomheder i Tracessystemet.
2.
Canada garanterer, at virksomhederne opfylder samtlige de betingelser, der er fastlagt i dette kapitel.
Den Europæiske Union ajourfører og offentliggør straks listen over virksomheder.
Vand
Direktiv 98/83
—
Canada Agricultural Products Act
—
Dairy Products Regulations
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
—
Canada Agricultural Products Act
—
Dairy Products Regulations
—
Fish Inspection Act
—
Fish Inspection Regulations
—
Food and Drugs Act
—
Food and Drug Regulations
—
Meat Inspection Act
—
Meat Inspection Regulations, 1990
Direktiv 98/83
TILLÆG A
SÆRLIGE BETINGELSER VEDRØRENDE VISSE VARER, DER EKSPORTERES FRA CANADA TIL DEN EUROPÆISKE UNION
1.   Den Europæiske Unions forskrifter vedrørende transmissibel spongiform encephalopati skal overholdes.
2.   Der må ikke anvendes klæde på slagtekroppe.
3.   EU-bestemmelserne om dekontaminering skal overholdes.
4.   Der skal ved eksport til Finland og Sverige foretages en mikrobiologisk undersøgelse med negativt resultat, jf. Kommissionens forordning (EF) No 1688/2005.
5.   Inspektion før slagtning
Der gælder procedurer for rutinemæssig inspektion før slagtning med krav om, at en CFIA-veterinær skal være til stede, når der foretages inspektion før slagtning af dyr, der skal slagtes med henblik på eksport til Den Europæiske Union.
6.   Inspektion efter slagtning
a)
Svin:
I overensstemmelse med Kommissionens gennemførelsesforordning (EU) 2015/1375 gælder følgende:
i)
skeletmuskler skal undersøges for trikiner ved anvendelse af en fordøjelsesmetode, som er godkendt af CFIA, på et CFIA-laboratorium eller et laboratorium, som er certificeret af CFIA til dette formål, eller
ii)
skeletmuskler skal underkastes kuldebehandling, idet der anvendes en behandling, som er godkendt af CFIA.
b)
Kvæg, som er over 6 uger gamle:
i)
lever: indsnit på bagsiden og ved basis af den spiegelske lap for undersøgelse af galdegangen
ii)
hoved: to parallelt med underkæben forløbende snit i de udvendige tyggemuskler.
c)
Tamdyr af hestefamilien:
I overensstemmelse med Kommissionens gennemførelsesforordning (EU) 2015/1375 skal skeletmuskler undersøges for trikiner ved anvendelse af en fordøjelsesmetode, som er godkendt af CFIA, på et CFIA-laboratorium eller et laboratorium, som er certificeret af CFIA til dette formål.
d)
Opdrættet vildt — vildsvin:
I overensstemmelse med Kommissionens gennemførelsesforordning (EU) 2015/1375 skal skeletmuskler undersøges for trikiner ved anvendelse af en fordøjelsesmetode, som er godkendt af CFIA, på et CFIA-laboratorium eller et laboratorium, som er certificeret af CFIA til dette formål.
7.   Regelmæssig kontrol af den almindelige hygiejne:
Ud over Canadas operationelle og præoperationelle hygiejnekrav skal kravene om undersøgelse af produkter for E. coli og Salmonella for Amerikas Forenede Stater (USA) som anført i bilag T, nemlig undersøgelse for Escherichia coli (E. coli) på slagterier, og i bilag U, nemlig det amerikanske landbrugsministeriums (USDA's) præstationsstandarder for salmonella i afsnittet vedrørende USA i kapitel 11 i CFIA's Meat Hygiene Manual of Procedures, opfyldes.
8.   Herudover skal den importerende parts mikrobiologiske fødevaresikkerhedskriterier overholdes.
AFDELING B
Plantesundhedsforanstaltninger
Skal aftales i en senere fase.
BILAG 5-F
GODKENDELSE AF VIRKSOMHEDER ELLER ANLÆG
Betingelserne og procedurerne ved anvendelsen af artikel 5.7.4, litra b), er som følger:
a)
importen af produktet skal være godkendt, hvis dette er påkrævet, af den importerende parts kompetente myndighed
b)
den pågældende virksomhed eller det pågældende anlæg skal være godkendt af den eksporterende parts kompetente myndighed
c)
den eksporterende parts kompetente myndighed skal have beføjelse til at suspendere eller tilbagetrække godkendelsen af virksomheden eller anlægget, og
d)
den eksporterende part skal have afgivet de relevante oplysninger, som den importerende part har anmodet om.
BILAG 5-G
PROCEDURE VEDRØRENDE SPECIFIKKE IMPORTKRAV TIL PLANTESUNDHED
Et vigtigt mål med denne procedure er at udvirke, at den importerende part efter bedste evne opretter og vedligeholder en liste over regulerede skadegørere i forbindelse med varer, for hvilke der består et plantesundhedsmæssigt problem på dens territorium.
1.
Hvis parterne i fællesskab udpeger en bestemt vare som prioriteret, skal den importerende part oprette en foreløbig liste over skadegørere for den pågældende vare inden for et tidsrum, der fastsættes af parterne, når den fra den eksporterende part har modtaget:
a)
oplysninger om status for skadegørere på den eksporterende parts territorium, som vedrører skadegørere, der reguleres af mindst en af parterne,
b)
oplysninger om status for skadegørere, som vedrører andre skadegørere, der forekommer på dens territorium, på grundlag af internationale databaser og andre tilgængelige kilder.
2.
Den foreløbige liste over en importerende parts skadegørere kan omfatte skadegørere, der i forvejen reguleres på dens territorium. Den kan også omfatte potentielle karantæneskadegørere, for hvilke den importerende part kan kræve, at der foretages en skadegørerrisikoanalyse, hvis en vare bekræftes som prioriteret i overensstemmelse med punkt 3.
3.
For en vare,
a)
for hvilken der er oprettet en foreløbig liste over skadegørere i medfør af punkt 2
b)
som parterne bekræfter er prioriteret, og
c)
for hvilke den eksporterende part har afgivet alle de relevante oplysninger, som den importerende part har anmodet om,
skal den importerende part træffe de nødvendige foranstaltninger til at oprette sin liste over regulerede skadegørere samt de specifikke importkrav vedrørende den pågældende vare.
4.
Hvis den importerende part er åben for, at en bestemt vare kan opfylde importkravene ved mere end én plantesundhedsforanstaltning, skal den eksporterende parts kompetente myndighed meddele den importerende parts kompetente myndighed, hvilken eller hvilke foranstaltninger den agter at lægge til grund for certifikatudstedelsen.
BILAG 5-H
PRINCIPPER OG RETNINGSLINJER FOR GENNEMFØRELSE AF REVISION ELLER VERIFICERING
Skal aftales i en senere fase.
BILAG 5-I
UDSTEDELSE AF EKSPORTCERTIFIKATER
Standarderklæring til sundhedscertifikater for dyr og animalske produkter
1.
Sendinger af produkter, der handles mellem parterne, skal være omfattet af officielle sundhedscertifikater.
Sundhedserklæringer
2.
Ækvivalens anerkendt: Standardsundhedserklæring, der skal anvendes (ækvivalens for foranstaltninger eller certifikatudstedelsessystemer). Jf. bilag 5-E:
»[Det/Den] (*) heri beskrevne [indsæt produkt] overholder den eller de relevante [europæiske/canadiske]
 (
*1
)
 SPS-foranstaltninger og -krav, der er blevet anerkendt som ligestillede med de [canadiske/europæiske] (*) SPS-foranstaltninger og -krav som fastsat i bilag 5-E til den samlede økonomi- og handelsaftale mellem Canada og Den Europæiske Union [og de særlige betingelser som fastsat i bilag 5-E] (*).
3.
Indtil der indføres certifikater baseret på ækvivalens, finder de eksisterende certifikater fortsat anvendelse.
Officielle sprog ved udstedelse af certifikater
4.
a)
Ved import til Den Europæiske Union skal certifikatet være udfærdiget på mindst et af de officielle sprog i den medlemsstat, via hvis grænsekontrolsted sendingen føres ind i Den Europæiske Union.
b)
Ved import til Canada skal certifikatet være udfærdiget på et af Canadas officielle sprog.
Former for certifikatudstedelse
5.
Udvekslingen af de originale certifikatoplysninger kan ske ved hjælp af en papirbaseret ordning eller en sikker metode til elektronisk dataoverførsel, der giver en tilsvarende certifikatudstedelsesgaranti. Den eksporterende part kan vælge at udstede officielle elektroniske certifikater, hvis den importerende part har fastslået, at de indebærer tilsvarende sikkerhedsgarantier, herunder med anvendelse af en digital signatur og en uafviselighedsmekanisme. Den importerende parts samtykke til, at der udelukkende anvendes elektronisk certifikatudstedelse, kan enten anføres via brevveksling i et af bilagene til denne aftale eller ved en brevveksling i overensstemmelse med artikel 5.14.8.
6.
Den Europæiske Union kan udstede sine importcertifikater for levende dyr og animalske produkter fra Canada med ækvivalensstatus som omhandlet i bilag 5-E via Tracessystemet (det integrerede veterinærinformationssystem).
(
*1
)
  Det ikke relevante overstreges.«
         «
BILAG 5-J
IMPORTKONTROL OG -GEBYRER
AFDELING A
Kontrolhyppighed
Parterne kan ændre hyppigheden af enhver kontrol på områder, som de er ansvarlige for, under hensyntagen til karakteren af den eksporterende parts kontrol før eksport, den importerende parts erfaring med produkter importeret fra den eksporterende part, fremskridt med hensyn til anerkendelse af ækvivalens eller som følge af andre foranstaltninger eller konsultationer i henhold til denne aftale.
Tabel 1
Hyppigheden af grænsekontrol af sendinger af levende dyr, animalske produkter og animalske biprodukter
Grænsekontrollens art
Normal hyppighed som omhandlet i artikel 5.10.1
1.   
Dokument- og identitetskontrol
Parterne gennemfører hver især dokument- og identitetskontrol af alle sendinger
2.
Fysisk kontrol
Levende dyr
100 %
Sæd/embryoner eller æg
10 %
Animalske produkter til konsum
Fersk kød, herunder slagteaffald, og produkter af kvæg, får, geder, svin og hovdyr som defineret i Rådets direktiv 92/5/EØF
Helæg
Svinefedt og afsmeltede fedtstoffer
Dyretarme
Gelatine
Fjerkrækød og fjerkrækødprodukter
Kaninkød, vildtkød (vildtlevende/opdrættet) og produkter heraf
Mælk og mejeriprodukter
Ægprodukter
Honning
Ben og benprodukter
Tilberedt kød og hakket kød
Frølår og snegle
10 %
Animalske produkter — ikke til konsum
Svinefedt og afsmeltede fedtstoffer
Dyretarme
Mælk og mejeriprodukter
Gelatine
Ben og benprodukter
Huder og skind af hov- eller klovdyr
Jagttrofæer
Forarbejdet foder til selskabsdyr
Råvarer til fremstilling af foder til selskabsdyr
Råvarer, blod, blodprodukter, kirtler og organer til farmaceutisk eller teknisk brug
Forarbejdet animalsk protein (emballeret)
Børster, uld, hår og fjer
Horn, hornprodukter, hove og hovprodukter
Biavlsprodukter
Rugeæg
Husdyrgødning
Hø og halm
10 %
Forarbejdet animalsk protein — ikke til konsum (uemballeret)
100 % for seks på hinanden følgende sendinger (jf. Kommissionens forordning (EU) nr. 142/2011 om gennemførelse af forordning (EF) nr. 1069/2009); hvis disse på hinanden følgende prøver er negative, udtages der stikprøver af blot 20 % af de efterfølgende uemballerede sendinger fra samme kilde. Hvis en af disse stikprøver er positiv, skal den kompetente myndighed udtage prøver af alle sendinger fra den pågældende kilde, indtil seks på hinanden følgende prøver igen er negative.
Levende toskallede bløddyr
15 %
Fisk og fiskevarer til konsum
Fiskevarer i hermetisk lukkede beholdere, der kan holde sig ved omgivelsestemperatur, frisk og frossen fisk, tørrede fiskevarer, saltede fiskevarer eller tørrede og saltede fiskevarer
15 %
Andre fiskevarer
Levende krebsdyr og friske fisk uden hoved og indvolde, som ikke har undergået yderligere manuel forarbejdning
2 %
I dette bilag forstås ved »sending« en produktmængde af samme slags, som er omfattet af det samme sundhedscertifikat eller -dokument, transporteret med samme transportmiddel, afsendt af én og samme afsender og har oprindelse i samme eksporterende part eller samme del af den pågældende part.
AFDELING B
Gebyrer
Skal aftales i en senere fase.
BILAG 8-A
EKSPROPRIATION
Parterne bekræfter følgende fælles forståelse:
1.
Ekspropriation kan være direkte eller indirekte:
a)
direkte ekspropriation sker ved, at en investering nationaliseres eller på anden måde eksproprieres direkte gennem formel overdragelse af ejendomsret eller regulær konfiskation, og
b)
indirekte ekspropriation sker ved, at en foranstaltning eller en række af foranstaltninger, som træffes af en part, har samme virkning som direkte ekspropriation, idet investoren i betydeligt omfang fratages de grundlæggende ejendomsrettigheder til sin investering, herunder retten til at anvende, råde over og afhænde sin investering, uden formel overdragelse af ejendomsret eller regulær konfiskation.
2.
Fastlæggelse af, hvorvidt en foranstaltning eller en række af foranstaltninger, som træffes af en part, i en bestemt situation udgør indirekte ekspropriation, forudsætter en undersøgelse af de forhold, der rent faktisk gør sig gældende i den enkelte sag, herunder bl.a.:
a)
de økonomiske virkninger af foranstaltningen eller rækken af foranstaltninger, selv om det forhold, at en parts foranstaltning eller række af foranstaltninger indvirker negativt på en investerings økonomiske værdi, ikke alene beviser, at der er sket indirekte ekspropriation
b)
varigheden af den foranstaltning eller række af foranstaltninger, der er truffet af en part
c)
i hvor høj grad foranstaltningen eller rækken af foranstaltninger griber forstyrrende ind i klart rimelige forventninger baseret på en investering, og
d)
arten af foranstaltningen eller rækken af foranstaltninger, navnlig formålet, konteksten og hensigten.
3.
Det præciseres, at ikke-diskriminerende foranstaltninger, som træffes af en part, og som udformes og anvendes med henblik på at beskytte legitime mål for den offentlige velfærd, herunder sundhed, sikkerhed og miljø, ikke udgør indirekte ekspropriation, undtagen i sjældne tilfælde, hvor virkningerne af en foranstaltning eller en række af foranstaltninger er så alvorlige set i lyset af formålet, at de forekommer klart uforholdsmæssige.
BILAG 8-B
OFFENTLIG GÆLD
1.
I dette bilag forstås ved
forhandlet omlægning
: omlægning eller henstand med betalingen af en parts gæld i form af:
a)
en ændring af gældinstrumenterne i henhold til de vilkår, der gælder for dem, herunder den gældende lovgivning, eller
b)
en gældsombytning eller lignende, hvor indehaverne af mindst 75 procent af den samlede hovedstol af den udestående gæld, der skal omlægges, har indvilliget i en sådan gældsombytning eller lignende, og
den for et gældsinstrument gældende lovgivning
: en jurisdiktions love, som finder anvendelse på det pågældende gældsinstrument.
2.
En klage over, at en parts gældsomlægning udgør misligholdelse af en forpligtelse i henhold til afdeling C og D, må ikke indbringes — eller, hvis den allerede er indbragt, viderebehandles — i henhold til afdeling F, hvis der på indbringelsestidspunktet er tale om en forhandlet omlægning, eller der efter indbringelsen bliver tale om en forhandlet omlægning, hvilket dog ikke gælder en klage over, at omlægningen er i strid med artikel 8.6 eller 8.7.
3.
Uanset artikel 8.22.1, litra b), og under forbehold af punkt 2 må en investor ikke indbringe en klage i henhold til afdeling F over, at omlægningen af en parts gæld udgør misligholdelse af en forpligtelse i henhold til afdeling C og D (bortset fra artikel 8.6 eller 8.7) 
(
1
)
, medmindre der er gået 270 dage fra datoen for sagsøgers indgivelse af den skriftlige anmodning om konsultationer i henhold til artikel 8.19.
4.
Det præciseres, at der ved 
en parts gæld
 forstås et gældsinstrument på et hvilket som helst af dens regeringsniveauer.
(
1
)
  Det præciseres, at forskelle i en parts behandling af visse investorer eller investeringer, der udspringer af legitime politikmål i en situation med gældskrise eller fare for en sådan, herunder forskelle i behandling, der skyldes kvalifikation til gældsomlægning, ikke i sig selv udgør en overtrædelse af artikel 8.6 eller 8.7.
BILAG 8-C
UDELUKKELSE FRA TVISTBILÆGGELSE
En beslutning truffet af Canada som følge af en undersøgelse i henhold til 
Investment Canada Act
, R.S.C. 1985, c. 28 (1st Supp.) af, hvorvidt den investering, der undersøges, kan tillades, er ikke omfattet af tvistbilæggelsesbestemmelserne i afdeling F og heller ikke af kapitel niogtyve (tvistbilæggelse). Det præciseres, at denne udelukkelse ikke indskrænker en parts ret til eventuelt at gøre brug af kapitel niogtyve (tvistbilæggelse) for så vidt angår en foranstaltnings overensstemmelse med en parts forbehold som anført i dens liste i bilag I, II eller III.
BILAG 8-D
FÆLLES ERKLÆRING VEDRØRENDE ARTIKEL 8.12.6
Idet parterne er opmærksomme på, at formålet med voldgiftsretten til bilæggelse af investeringstvister mellem investorer og stater er at håndhæve de i artikel 8.18.1 omhandlede forpligtelser, og at de ikke er appelordninger for afgørelser truffet af indenlandske domstole, erindrer de om, at parternes interne domstole er ansvarlige for at fastslå, hvorvidt der foreligger intellektuelle ejendomsrettigheder, og hvorvidt de er gyldige. Parterne anerkender endvidere, at de hver især frit kan fastlægge, hvilken metode der egner sig at gennemføre denne aftales bestemmelser vedrørende intellektuel ejendomsret inden for rammerne af deres respektive retssystemer og retspraksis. Parterne er enige om at tage forholdet mellem intellektuelle ejendomsrettigheder og investeringsregler op til fornyet gennemgang senest tre år efter denne aftales ikrafttræden eller efter anmodning fra en part. Efter denne gennemgang og i det omfang, det er nødvendigt, kan parterne fastlægge bindende fortolkninger for at sikre en korrekt fortolkning af dækningen af investeringsbeskyttelsen i henhold til denne aftale, jf. bestemmelserne i artikel 8.31.3.
BILAG 8-E
FÆLLES ERKLÆRING VEDRØRENDE ARTIKEL 8.16, 9.8 OG 28.6
Hvad angår artikel 8.16, 9.8 (nægtelse af fordele) og 28.6 (national sikkerhed) bekræfter parterne, at foranstaltninger, der er »forbundet med opretholdelsen af mellemfolkelig fred og sikkerhed«, skal forstås som også omfattende beskyttelsen af menneskerettigheder.
BILAG 8-F
CANADAS ERKLÆRING VEDRØRENDE 
INVESTMENT CANADA ACT
Canada agter at hæve tærsklen for undersøgelse i henhold til 
Investment Canada Act
, R.S.C. 1985, c. 28 (1st Supp.) (»ICA«) til 1,5 mia. CAD, når denne aftale er gennemført.
Alle fremtidige ændringer af ICA vil skulle opfylde det krav, at ændringerne ikke må gøre ICA mindre forenelig med forpligtelserne vedrørende investering i denne aftale.
Som det fremgår af Canadas forbehold vedrørende ICA (bilag I-C-1), skal den højere tærskel anvendes ved en ikke-statsejet EU-investors erhvervelse af en canadisk virksomhed. Hvorvidt erhververen er en EU-investor vil skulle afgøres ud fra, om en EU-borger de jure udøver kontrol over erhververen, eller, hvis der ikke foreligger ejermajoritet, om EU-borgere de facto udøver kontrol over erhververen, f.eks. i kraft af stemmerettigheder eller bestyrelsesmedlemmernes statsborgerskab. Herudover vil EU-virksomheder, der kontrolleres af statsborgere fra Canadas eksisterende frihandelsaftalepartnere, med hvilke Canada har indgået forpligtelser vedrørende investering, også kunne få fordel af den højere tærskel.
Canada agter at foretage de ændringer af ICA, der er nødvendige med henblik på ovennævnte højere undersøgelsestærskel, efter denne aftales ikrafttræden.
BILAG 9-A
FORSTÅELSE VEDRØRENDE NATIONAL BEHANDLING FOR SÅ VIDT ANGÅR GRÆNSEOVERSKRIDENDE LEVERING AF TJENESTEYDELSER
1.
EU-parten og Canada deler følgende forståelse af anvendelsen af artikel 9.3 på behandling, som en provinsiel eller territorial regering i Canada eller en regering i eller inden for en EU-medlemsstat indrømmer for så vidt angår grænseoverskridende levering af tjenesteydelser som defineret i artikel 9.1 eller levering af tjenesteydelser foretaget af en fysisk person fra en part på den anden parts territorium.
2.
I medfør af artikel 9.3 finder behandling, »der ikke er mindre gunstig end den mest gunstige behandling, som den pågældende regering i lignende situationer indrømmer sine egne tjenesteydere og tjenesteydelser«, ikke anvendelse på en person fra den anden part eller på en tjenesteydelse leveret af denne person, hvis:
a)
for Canadas vedkommende — en provinsiel eller territorial regering i Canada indrømmer en tjenesteyder fra en anden canadisk provinsiel eller territorial regering eller en tjenesteydelse, som denne tjenesteyder leverer, en gunstigere behandling, og
b)
for EU-partens vedkommende:
i)
en EU-medlemsstats regering indrømmer en tjenesteyder fra en anden medlemsstat eller en tjenesteydelse, som denne tjenesteyder leverer, en gunstigere behandling,
ii)
en EU-medlemsstats regionale regering indrømmer en tjenesteyder fra en anden regional regering i samme medlemsstat eller en tjenesteydelse, som denne tjenesteyder leverer, en gustigere behandling, og
c)
den i litra a) og b) omhandlede gunstigere behandling indrømmes i medfør af specifikke gensidige rettigheder og forpligtelser, der gælder for de pågældende regeringer.
3.
For EU-partens vedkommende omfatter punkt 2 navnlig behandling, der indrømmes i medfør af 
traktaten om Den Europæiske Unions funktionsmåde
, indgået den 13. december 2007 i Lissabon, med hensyn til fri bevægelighed for personer og tjenesteydelser, samt behandling, der indrømmes ved en foranstaltning, som er vedtaget i medfør af nævnte traktat. En regering i eller inden for en EU-medlemsstat kan i medfør af 
traktaten om Den Europæiske Unions funktionsmåde
 indrømme fysiske personer, som er borgere i en anden EU-medlemsstat, eller virksomheder, der er oprettet i overensstemmelse med en anden EU-medlemsstats lovgivning og har deres vedtægtsmæssige hjemsted, hovedkontor eller hovedvirksomhed i Den Europæiske Union, og tjenesteydelser, der leveres af disse fysiske personer eller virksomheder, en gunstigere behandling.
4.
For Canadas vedkommende omfatter punkt 2 navnlig behandling, der indrømmes i medfør af 
Canadian Agreement on Internal Trade
, indgået den 18. juli 1994 mellem Canadas regering og de canadiske provinsers og territoriers regeringer (»AIT«), samt behandling, der indrømmes ved en foranstaltning, som er vedtaget i medfør af AIT og i medfør af regionale aftaler vedrørende fri bevægelighed for personer og tjenesteydelser. En myndighed på provins- eller territorieniveau i Canada kan i henhold til AIT og disse regionale aftaler indrømme fysiske personer, der er bosat i en AIT-aftalepart eller en regional aftalepart, eller virksomheder, der er oprettet i overensstemmelse med lovgivningen i en AIT-aftalepart eller en regional aftalepart og har deres vedtægtsmæssige hjemsted, hovedkontor eller hovedvirksomhed i Canada, og tjenesteydelser, der leveres af disse fysiske personer eller virksomheder, en gunstigere behandling.
BILAG 9-B
FORSTÅELSE VEDRØRENDE NYE TJENESTEYDELSER, SOM IKKE ER KLASSIFICERET I DE FORENEDE NATIONERS FORELØBIGE CENTRALE PRODUKTNOMENKLATUR (CPC), 1991
1.
Parterne er enige om, at kapitel tolv (intern regulering) og artikel 9.3, 9.5 og 9.6 ikke finder anvendelse på en foranstaltning vedrørende en ny tjenesteydelse, der ikke kan klassificeres i CPC 1991.
2.
I det omfang, det er muligt, skal parterne underrette hinanden, inden de vedtager en foranstaltning, der er uforenelig med kapitel tolv (intern regulering) og artikel 9.3, 9.5 og 9.6, vedrørende en ny tjenesteydelse som omhandlet i punkt 1.
3.
Parterne indleder, efter anmodning fra en af dem, forhandlinger med henblik på at medtage den nye tjenesteydelse i denne aftales anvendelsesområde.
4.
Det præciseres, at punkt 1 ikke finder anvendelse på en eksisterende tjenesteydelse, der kan klassificeres i CPC 1991, men som af tekniske grunde ikke tidligere har kunnet leveres over grænserne.
BILAG 9-C
FORSTÅELSE VEDRØRENDE KURERTJENESTEYDELSER
1.
Parterne deler følgende forståelse vedrørende anvendelsen af artikel 8.2.2, litra a) (anvendelsesområde), og artikel 9.2.2, litra e) (anvendelsesområde).
2.
Parterne bekræfter, at kurertjenesteydelser er omfattet af kapitel otte (investering) og ni (grænseoverskridende handel med tjenesteydelser), jf. dog de forbehold, der fremgår af parternes lister i bilag I og II. Det præciseres, at den behandling, der indrømmes kurertjenesteydelser i henhold til kapitel otte og ni, ikke omfatter indrømmelse af luftfartsrettigheder for leverandører af kurertjenesteydelser. Disse rettigheder er underlagt 
lufttransportaftalen mellem Canada og Det Europæiske Fællesskab og dets medlemsstater
, indgået den 17. december 2009 i Bruxelles og den 18. december 2009 i Ottawa.
BILAG 10-A
LISTE OVER KONTAKTPUNKTER I EU-MEDLEMSSTATERNE
I dette bilag anvendes de i punkt 8 i bilag 10-E definerede forkortelser.
AT
For spørgsmål vedrørende ophold og visa:
Department III/4 — Residence, Civil Status and Citizenship Matters
Federal Ministry of the Interior
For spørgsmål vedrørende arbejdsmarkedet:
EU's arbejdsmarkedslovgiving og international arbejdsmarkedslovgivning
Federal Ministry for Food, Agriculture and Consumer Protection
BE
Direction générale Potentiel économique
Politique commerciale
BG
Director of International labour migration and mediation
Employment Agency
CY
Director of Civil Registry and Migration Department
Ministry of Interior
CZ
Ministry of Industry and Trade P.O.
Department of Common Trade Policy and International Economic Organisations
DE
Rådgivning vedrørende CETA
Canadian German Chamber of Industry and Commerce Inc.
DK
Danish Agency for Labour Market and Recruitment (Styrelsen for Arbejdsmarked og Rekruttering)
Ministry of Employment (Beskæftigelsesministeriet)
EE
Head of Migration- and Border Policy Department
Estonian Ministry of the Interior
EL
Directorate for Justice, Home Affairs & Schengen issues
Ministry of Foreign Affairs
ES
Ministry of Employment and Social Security
Ministry of Economy and Competitiveness — Trade and Investment General-Directorate
FI
Immigration Unit, Section for employed persons
Finnish Immigration Service
FR
Direction générale des étrangers en France (DGEF).
Ministère de l'Intérieur
HR
Head of Trade Policy Department
Ministry of Foreign and European Affairs
HU
Department for Trade Policy
Ministry of Foreign Affairs and Foreign Trade
IE
Immigration and Citizenship Policy Division
Irish Naturalisation & Immigration Service
IT
DG Trade Policy
Ministry for Economic Development
LT
International Economic Organizations Division
External Economic Relations Department
Ministry of Foreign Affairs of the Republic of Lithuania
LU
Bureau des Passeports, Visas et Légalisations
Ministry of Foreign Affairs
LV
Office of Citizenship and Migration Affairs of Latvia
MT
Director Citizenship and Expatriate Affairs
Citizenship and Expatriate Affairs Department
Ministry for Home Affairs & National Security
NL
Directorate General for Foreign Economic Relations
Ministry of Foreign Affairs
PT
Directorate General for Consular Affairs and Portuguese Communities
Ministry of Foreign Affairs
PL
Department of Trade Policy
Ministry of Economy
RO
Unit for Residence/Staying UE, SEE Citizens and Third Country — Migration Directorate
General Inspectorate for Immigration (GII)
SE
National Board of trade
Ministry of Justice, Division for Migration and Asylum Policy
SI
Migration Policy and Legislation Division
Migration Office
Internal Administrative Affairs, Migration and Naturalization Directorate
Ministry of the Interior
SK
Aliens Police Department
Bureau of Border and Aliens Police of Presidium of the Police Force
Trade Policy Department
Ministry of Economy
UK
Head of Migration Policy
Immigration and Border Policy Directorate
Home Office
BILAG 10-B
SPECIFIKKE EU-MEDLEMSSTATERS FORBEHOLD OG UNDTAGELSER FOR NØGLEPERSONALE OG FORRETNINGSREJSENDE PÅ KORTVARIGT OPHOLD
1.   Artikel 10.7 og 10.9 finder ikke anvendelse på eventuelle eksisterende foranstaltninger i dette bilag, som ikke er i overensstemmelse med reglerne, i det omfang, der foreligger uoverensstemmelse.
2.   En foranstaltning i dette bilag kan opretholdes, videreføres, forlænges hurtigt eller ændres, forudsat at ændringen ikke gør foranstaltningen mindre forenelig med artikel 10.7 eller 10.9 i forhold til umiddelbart før ændringen 
(
1
)
.
3.   
Forretningsrejsende i investeringsøjemed
Alle sektorer
AT
: Forretningsrejsende skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation; er det ikke tilfældet, gælder »ubundet«.
CZ
: Forretningsrejsende i investeringsøjemed skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation; er det ikke tilfældet, gælder »ubunde«.
SK
: Forretningsrejsende i investeringsøjemed skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation; er det ikke tilfældet, gælder »ubundet«. Krav om arbejdstilladelse, herunder økonomisk behovsprøve.
UK
: Tilladt varighed af ophold: højst 90 dage inden for en periode på tolv måneder. Forretningsrejsende skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation; er det ikke tilfældet, gælder »ubundet«.
4.   
Investorer
Alle sektorer
AT
: Økonomisk behovsprøve.
CZ
 og 
SK
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve, for investorer, der beskæftiges af en virksomhed.
DK
: Ophold på højst 90 dage inden for en periode på seks måneder. Hvis en investor ønsker at etablere virksomhed i Danmark som selvstændig, kræves der arbejdstilladelse.
FI
: Investorer skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation, på mellem- eller topledelsesniveau.
HU
: Ophold på højst 90 dage, hvis investoren ikke er beskæftiget af en virksomhed i Ungarn. Krav om økonomisk behovsprøve, hvis investoren er beskæftiget af en virksomhed i Ungarn.
IT
: Krav om økonomisk behovsprøve, hvis investoren ikke er beskæftiget af en virksomhed.
LT, NL, PL
: Fysiske personer, der repræsenterer investoren, anerkendes ikke som tilhørende kategorien investorer.
LV
: I præinvesteringsfasen ophold på højst 90 dage inden for en periode på seks måneder. Forlængelse af præinvesteringsfasen til et år betinget af kriterier i den nationale lovgivning såsom investeringsområde og investeret beløb.
UK
: Kategorien investorer anerkendes ikke: Ubundet.
5.   
Virksomhedsinternt udstationerede (specialister og ledende personale)
Alle sektorer
BG
: Antallet af udenlandske fysiske personer, der beskæftiges i en bulgarsk virksomhed, må ikke overstige 10 % af det gennemsnitlige årlige antal EU-statsborgere, som beskæftiges af den pågældende bulgarske virksomhed. Hvis der er under 100 ansatte, kan der gives tilladelse til, at antallet overstiger 10 %.
AT, CZ, SK
 og 
UK
: Virksomhedsinternt udstationerede skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation; er det ikke tilfældet, gælder »ubundet«.
FI
: Ledende personale skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation.
HU
: Fysiske personer, der har været partnere i en virksomhed, opfylder ikke kravene med henblik på at blive udstationeret virksomhedsinternt.
6.   
Virksomhedsinternt udstationerede (praktikanter)
Alle sektorer
AT, CZ, FR, DE, ES, HU
 og 
SK
: Den uddannelse, der skal gives ved en praktikants udstationering i en virksomhed, skal være knyttet til praktikantens universitetsgrad.
BG
 og 
HU
: Økonomisk behovsprøve.
CZ, FI, SK
 og 
UK
: Praktikanter skal være beskæftiget af en virksomhed, der ikke er en nonprofitorganisation; er det ikke tilfældet, gælder »ubundet«.
7.   
Forretningsrejsende på kortvarigt ophold
Alle aktiviteter i bilag 10-D
DK
 og 
HR
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve, hvis den forretningsrejsende på kortvarigt ophold leverer en tjenesteydelse i hhv. Danmark eller Kroatien.
LV
: Krav om arbejdstilladelse for transaktioner/aktiviteter, der skal udføres på grundlag af en kontrakt.
SK
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve, ved levering af en tjenesteydelse i Slovakiet af varighed på over syv dage inden for en måned eller 30 dage inden for et kalenderår.
UK
: Kategorien forretningsrejsende på kortvarigt ophold anerkendes ikke: Ubundet.
Forskning og udvikling
AT
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve, undtagen for forskningsaktiviteter, der udføres af videnskabsfolk og statistikere.
NL
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve.
Markedsundersøgelser
AT
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve. Der er ikke krav om en økonomisk behovsprøve ved udførelse af markedsundersøgelser og -analyser af varighed på højst syv dage inden for en måned eller 30 dage inden for et kalenderår. Universitetsgrad påkrævet.
NL
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve.
Handelsmesser og udstillinger
AT
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve, i forbindelse med aktiviteter af varighed på over syv dage inden for en måned eller 30 dage inden for et kalenderår.
Tjenesteydelser efter salg eller leje
AT
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve. Der er ikke krav om en økonomisk behovsprøve for fysiske personer med ekspertviden, der uddanner arbejdstagere til at udføre tjenesteydelser.
CZ
: Krav om arbejdstilladelse i forbindelse med aktiviteter af varighed på over syv dage inden for en måned eller 30 dage inden for et kalenderår.
FI
: Afhængigt af aktiviteten kan der være krav om opholdstilladelse.
SE
: Krav om arbejdstilladelse, dog ikke for i) personer, der deltager i uddannelse, prøvning, forberedelse eller afslutning af leveringer eller lignende aktiviteter som led i en forretningstransaktion, eller ii) montører eller faglærere i tilknytning til hastende installation eller reparation af maskiner i højst to måneder, når der er tale om en nødsituation. Der foretages ikke nogen økonomisk behovsprøve.
Handelstransaktioner
AT
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve, i forbindelse med aktiviteter af varighed på over syv dage inden for en måned eller 30 dage inden for et kalenderår.
FI
: Den pågældende fysiske person skal levere tjenesteydelser som beskæftiget i en virksomhed, der er etableret på den anden parts territorium.
NL
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve.
Turismepersonale
NL
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve.
FI
: Den pågældende fysiske person skal levere tjenesteydelser som beskæftiget i en virksomhed, der er etableret på den anden parts territorium.
PL
: Ubundet.
SE
: Krav om arbejdstilladelse, dog ikke for chauffører og personale i turistbusser. Der foretages ikke nogen økonomisk behovsprøve.
Oversættelse og tolkning
AT
 og 
NL
: Krav om arbejdstilladelse, herunder økonomisk behovsprøve.
PL
: Ubundet.
(
1
)
  Dette punkt gælder ikke for UK's forbehold.
BILAG 10-C
LIGESTILLING AF KVALIFIKATIONER FOR MASKINTEKNOLOGER OG TEKNOLOGER PÅ FORSKNINGSOMRÅDET
Med henblik på denne aftale gælder følgende:
a)
for maskinteknologer (CPC 8672 og 8673) betragtes afslutning af en treårig videregående uddannelse ved en officielt anerkendt læreanstalt inden for maskinteknologi som ligestillet med en universitetsgrad, og
b)
for teknologer på forskningsområdet (CPC 881, 8671, 8674, 8676, 851, 852, 853, 8675 og 883) betragtes afslutning af en treårig videregående uddannelse ved en officielt anerkendt læreanstalt inden for fagene landbrug, arkitektur, biologi, kemi, fysik, skovbrug, geologi, geofysik, minedrift og energi som ligestillet med en universitetsgrad.
BILAG 10-D
AKTIVITETER, DER UDFØRES AF FORRETNINGSREJSENDE PÅ KORTVARIGT OPHOLD
a)
Møder og konsultationer
: fysiske personer, der deltager i møder eller konferencer, eller som rådfører sig med forretningspartnere.
b)
Forskning og udvikling
: forskere på det tekniske, videnskabelige og statistiske område, der udfører uafhængig forskning eller forskning for en virksomhed, der er etableret på den anden parts territorium.
c)
Markedsundersøgelser
: personer, der udfører markedsundersøgelser og -analyser for en virksomhed, der er etableret på den anden parts territorium.
d)
Uddannelsesseminarer
: en virksomheds personale, der får adgang til den anden parts territorium for at blive uddannet i teknikker og arbejdsgange, der anvendes af virksomheder eller organisationer i den pågældende part, forudsat at den modtagne uddannelse er begrænset til observation, introduktion og klasseundervisning.
e)
Handelsmesser og udstillinger
: personale, der deltager i en handelsmesse med det formål at promovere deres virksomhed eller dennes produkter eller tjenesteydelser.
f)
Salg
: repræsentanter for en leverandør af tjenesteydelser eller varer, der modtager ordrer på eller forhandler om salg af tjenesteydelser eller varer eller indgår aftaler om salg af tjenesteydelser eller varer for den pågældende leverandør, men som ikke selv leverer varer eller tjenesteydelser. Forretningsrejsende på kortvarigt ophold er ikke involveret i direkte salg til offentligheden.
g)
Køb
: personer, der foretager indkøb af varer og tjenesteydelser for en virksomhed, eller ledelses- og tilsynspersonale, der er involveret i en handelstransaktion, der udføres på den anden parts område.
h)
Tjenesteydelser efter salg eller leje
: installatører, reparatører og vedligeholdelsespersonale samt tilsynsførende personale, der besidder specialviden af væsentlig betydning for en sælgers kontraktlige forpligtelse, og som udfører tjenesteydelser eller uddanner arbejdstagere i udførelsen af tjenesteydelser i medfør af en garanti eller en anden tjenesteydelsesaftale, der er knyttet til salg eller leje af udstyr eller maskiner, herunder computersoftware, i relation til handel eller industri, som er købt eller lejet hos en virksomhed uden for den part, som der søges midlertidig adgang til, under hele garantiens eller tjenesteydelseskontraktens varighed.
i)
Handelstransaktioner
: ledende og tilsynsførende personale samt personale, der leverer finansielle tjenesteydelser (herunder forsikringsfolk, bankfolk og forsikringsmæglere), der er involveret i en handelstransaktion for en virksomhed, der er etableret på den anden parts territorium.
j)
Turismepersonale
: rejsearrangører og -bureauer, turistguider og turoperatører, der deltager i turistmesser eller ledsager i forbindelse med en rejse, der er påbegyndt på den anden parts territorium.
k)
Oversættelse og tolkning
: oversættere og tolke, der leverer tjenesteydelser som beskæftigede i en virksomhed, der er etableret på den anden parts territorium.
BILAG 10-E
SEKTORSPECIFIKKE FORPLIGTELSER VEDRØRENDE LEVERANDØRER AF KONTRAKTBASEREDE TJENESTEYDELSER OG SELVSTÆNDIGE ERHVERVSDRIVENDE
1.
Parterne tillader hver især, at leverandører af kontraktbaserede tjenesteydelser eller selvstændige erhvervsdrivende fra den anden part leverer tjenesteydelser på deres territorium gennem fysiske personers tilstedeværelse, jf. artikel 10.8, for de sektorer, der er anført i dette bilag, og under hensyntagen til de relevante begrænsninger.
2.
Listen over forbehold består af følgende:
a)
første kolonne med en angivelse af den sektor eller delsektor, for hvilken forbeholdet gælder, og
b)
anden kolonne med en beskrivelse af de gældende begrænsninger.
3.
For Canada gælder der sektorspecifikke forpligtelser for erhverv opført under niveau »0« og »A« i Canadas National Occupational Classification (»NOC«).
4.
Ud over listen over forbehold i dette bilag kan parterne hver især indføre eller opretholde en foranstaltning vedrørende kvalifikationskrav, kvalifikationsprocedurer, tekniske standarder og godkendelseskrav eller -procedurer, der ikke udgør en begrænsning som omhandlet i artikel 10.8. Disse foranstaltninger, herunder kravet om godkendelser, kravet om at opnå anerkendelse af uddannelsesbeviser inden for regulerede sektorer eller kravet om at bestå specifikke eksaminer, f.eks. sprogeksaminer), finder under alle omstændigheder anvendelse på parternes leverandører af kontraktbaserede tjenesteydelser og selvstændige erhvervsdrivende, selv om de ikke er opført på listen.
5.
For Den Europæiske Unions vedkommende og i de sektorer, hvor der anvendes en økonomisk behovsprøve, er hovedkriteriet vurderingen af den relevante markedssituation i den EU-medlemsstat eller den region, hvor tjenesteydelsen leveres, herunder under hensyntagen til antallet af og konsekvenserne for eksisterende tjenesteydere.
6.
Den Europæiske Union påtager sig forpligtelser i henhold til artikel 10.8 i forskelligt omfang, alt efter medlemsstat, således som det fremgår af listen over forbehold i dette bilag.
7.
De rettigheder og forpligtelser, der fremgår af dette bilag, har ingen selveffektuerende effekt, og de giver hverken fysiske eller juridiske personer nogen direkte rettigheder.
8.
Følgende forkortelser benyttes i listen over forbehold i dette bilag:
AT
Østrig
BE
Belgien
BG
Bulgarien
CY
Cypern
CZ
Tjekkiet
DE
Tyskland
DK
Danmark
EE
Estland
ES
Spanien
EU
Den Europæiske Union inklusive alle dens medlemsstater
FI
Finland
FR
Frankrig
EL
Grækenland
HR
Kroatien
HU
Ungarn
IE
Irland
IT
Italien
LV
Letland
LT
Litauen
LU
Luxembourg
MT
Malta
NL
Nederlandene
PL
Polen
PT
Portugal
RO
Rumænien
SK
Slovakiet
SI
Slovenien
SE
Sverige
UK
Det Forenede Kongerige
CAN
Canada
LKT
: Leverandører af kontraktbaserede tjenesteydelser
SE
: Selvstændige erhvervsdrivende
9.
Article 10.8.1 finder anvendelse på følgende sektorer eller delsektorer:
a)
Juridisk rådgivning vedrørende folkeretten og fremmed ret 
(
1
)
b)
Regnskabsvæsens- og bogholderitjenesteydelser
c)
Skatterådgivning
d)
Arkitekttjenesteydelser samt byplanlægning og landskabsarkitektur
e)
Ingeniørtjenesteydelser og integreret ingeniørtjenesteydelser
f)
Læge- og tandlægetjenesteydelser
g)
Dyrlægetjenesteydelser
h)
Jordemodertjenesteydelser
i)
Tjenesteydelser udøvet af sygeplejersker, fysioterapeuter og paramedicinsk personale
j)
Computertjenesteydelser og lign.
k)
Forsknings- og udviklingstjenesteydelser
l)
Reklametjenesteydelser
m)
Markeds- og opinionsundersøgelsestjenesteydelser
n)
Virksomhedsrådgivning
o)
Tjenesteydelser i tilknytning til virksomhedsrådgivning
p)
Teknisk afprøvning og analyse
q)
Hermed beslægtet teknisk-videnskabelig konsulenttjenesteydelser
r)
Minedrift
s)
Vedligeholdelse og reparation af fartøjer
t)
Vedligeholdelse og reparation af jernbanetransportudstyr
u)
Vedligeholdelse og reparation af motorkøretøjer, motorcykler, snemobiler og vejtransportudstyr
v)
Vedligeholdelse og reparation af fly og flydele
w)
Vedligeholdelse og reparation af metalprodukter, maskiner (undtagen kontormaskiner), udstyr (undtagen transport- og kontorudstyr) og personlige ejendele og husholdningsartikler
x)
Oversættelse og tolkning
y)
Telekommunikationstjenesteydelser
z)
Post- og kurertjenesteydelser
aa)
Bygge- og anlægsarbejde og hertil knyttet ingeniørtjenesteydelser
bb)
Byggepladsundersøgelser
cc)
Undervisning på videregående uddannelsesinstitutioner
dd)
Tjenesteydelser i tilknytning til landbrug, jagt og skovbrug
ee)
Tjenesteydelser på miljøområdet
ff)
Forsikring og forsikringsrelaterede tjenesteydelser — rådgivning og konsulenttjenesteydelser
gg)
Andre finansielle tjenesteydelser — rådgivning og konsulenttjenesteydelser
hh)
Rådgivning og konsulenttjenesteydelser på transportområdet
ii)
Rejsebureau- og rejsearrangørtjenesteydelser
jj)
Turistguidetjenesteydelser
kk)
Rådgivning og konsulenttjenesteydelser i tilknytning til fremstillingstjenesteydelser
10.
Artikel 10.8.2 finder anvendelse på følgende sektorer eller delsektorer:
a)
Juridisk rådgivning vedrørende folkeretten og fremmed ret 
(
2
)
b)
Arkitekttjenesteydelser samt byplanlægning og landskabsarkitektur
c)
Ingeniørtjenesteydelser og integreret ingeniørtjenesteydelser
d)
Computertjenesteydelser og lign.
e)
Forsknings- og udviklingstjenesteydelser
f)
Markeds- og opinionsundersøgelsestjenesteydelser
g)
Virksomhedsrådgivning
h)
Tjenesteydelser i tilknytning til virksomhedsrådgivning
i)
Minedrift
j)
Oversættelse og tolkning
k)
Telekommunikationstjenesteydelser
l)
Post- og kurertjenesteydelser
m)
Undervisning på videregående uddannelsesinstitutioner
n)
Forsikring og forsikringsrelaterede tjenesteydelser — rådgivning og konsulenttjenesteydelser
o)
Andre finansielle tjenesteydelser — rådgivning og konsulenttjenesteydelser
p)
Rådgivning og konsulenttjenesteydelser på transportområdet
q)
Rådgivning og konsulenttjenesteydelser i tilknytning til fremstillingstjenesteydelser
11.
Liste over forbehold
Sektor eller delsektor
Beskrivelse af forbehold
EU — ALLE SEKTORER
Opholdets varighed
I 
AT, UK
: Tilladelse til ophold for LKT og SE gives for en samlet periode på højst seks måneder inden for en periode på 12 måneder eller for kontraktens varighed, hvis denne er kortere.
I 
LT:
 Tilladelse til ophold for LKT og SE gives for en periode på højst seks måneder, der kan forlænges én gang med en periode på yderligere seks måneder, eller for kontraktens varighed, hvis denne er kortere.
I 
BE, CZ, MT, PT
: Tilladelse til ophold for LKT og SE gives for en samlet periode på højst 12 på hinanden følgende måneder eller for kontraktens varighed, hvis denne er kortere.
Teknologer
Bilag 10-C finder anvendelse på EU, bortset fra: 
AT, DE, EL, ES, HU, IT, LT, NL, PT, SK, UK
.
I 
CY
: Bilag 10-C finder kun anvendelse på teknologer, der er aktive i delsektor CPC 8676, 851, 852, 853 og 883.
I 
FI
: Økonomisk behovsprøve.
I 
FR
: Bilag 10-C finder kun anvendelse på teknologer, der er aktive i delsektor CPC 86721.
I 
PL
: Teknologer skal være i besiddelse af mindst en bachelorgrad eller tilsvarende.
CAN — ALLE SEKTORER
Teknologer
CAN
: Bilag 10-C finder anvendelse.
Juridisk rådgivning vedrørende folkeretten og fremmed ret
(del af CPC 861)
LKT:
I 
AT, BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, PT, SE, UK
: Ingen.
I 
BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
SE:
I 
AT, CY, DE, EE, FR, HR, IE, LU, LV, NL, PL, PT, SE, UK
: Ingen.
I 
BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
Regnskabsvæsens- og bogholderitjenesteydelser
(CPC 86212, undtagen revisionstjenesteydelser, 86213, 86219 og 86220)
LKT:
I 
AT, BE, CY, DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE, UK
: Ingen.
I 
BG, CZ, DK, EL, FI, FR, HU, LT, LV, MT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Skatterådgivning
(CPC 863)
 (
3
)
LKT:
I 
AT, BE, CY, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE, UK
: Ingen.
I 
BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK
: Økonomisk behovsprøve.
I 
PT
: Ubundet.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Arkitekttjenesteydelser
og
Byplanlægning og landskabsarkitektur
(CPC 8671 og 8674)
LKT:
I 
BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
FI
: Ingen, dog skal fysiske personer dokumentere at være i besiddelse af den særlige viden, der kræves for leveringen af den pågældende tjenesteydelse.
I 
BG, CZ, DE, HU, LT, LV, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
I 
AT
: Kun byplanlægning, hvor der anvendes en økonomisk behovsprøve.
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
FI
: Ingen, dog skal fysiske personer dokumentere at være i besiddelse af den særlige viden, der kræves for leveringen af den pågældende tjenesteydelse.
I 
BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Økonomisk behovsprøve.
I 
AT
: Kun byplanlægning, hvor der anvendes en økonomisk behovsprøve.
CAN
: Ingen.
Ingeniørtjenesteydelser
og
Integreret ingeniørtjenesteydelser
(CPC 8672 og 8673)
LKT:
I 
BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
FI
: Ingen, dog skal fysiske personer dokumentere at være i besiddelse af den særlige viden, der kræves for leveringen af den pågældende tjenesteydelse.
I 
BG, CZ, DE, LT, LV, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
I 
AT
: Kun planlægningstjenesteydelser, hvor der anvendes en økonomisk behovsprøve.
I 
HU
: Økonomisk behovsprøve.
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
FI
: Ingen, dog skal fysiske personer dokumentere at være i besiddelse af den særlige viden, der kræves for leveringen af den pågældende tjenesteydelse.
I 
BE, BG, CZ, DK, ES, IT, LT, RO, SK
: Økonomisk behovsprøve.
I 
AT
: Kun planlægningstjenesteydelser, hvor der anvendes en økonomisk behovsprøve.
I 
HU
: Økonomisk behovsprøve.
CAN
: Ingen.
Lægetjenesteydelser (herunder psykologtjenesteydelser) og tandlægetjenesteydelser
(CPC 9312 og en del af 85201)
LKT:
I 
SE
: Ingen.
I 
CY, CZ, DE, DK, EE, ES, IE, IT, LU, MT, NL, PL, PT, RO, SI
: Økonomisk behovsprøve.
I 
FR
: Økonomisk behovsprøve, dog gælder »ubundet« for psykologtjenesteydelser.
I 
AT
: Ubundet, undtagen for psykolog- og tandlægetjenesteydelser, hvor der anvendes en økonomisk behovsprøve.
I 
BE, BG, EL, FI, HR, HU, LT, LV, SK, UK
: Ubundet.
CAN
: Ubundet.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Dyrlægetjenesteydelser
(CPC 932)
LKT:
I SE: Ingen.
I 
CY, CZ, DE, DK, EE, EL, ES, FI, FR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI
: Økonomisk behovsprøve.
I 
AT, BE, BG, HR, HU, LV, SK, UK
: Ubundet.
CAN
: Ubundet.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Jordemodertjenesteydelser
(del af CPC 93191)
LKT:
I 
SE
: Ingen.
I 
AT, CY, CZ, DE, DK, EE, EL, ES, FR, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI
: Økonomisk behovsprøve.
I 
BE, BG, FI, HR, HU, SK, UK
: Ubundet.
CAN
: Ubundet.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Tjenesteydelser leveret af sygeplejersker, fysioterapeuter og paramedicinsk personale
(del af CPC 93191)
LKT:
I 
SE
: Ingen.
I 
AT, CY, CZ, DE, DK, EE, EL, ES, FR, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI
: Økonomisk behovsprøve.
I 
BE, BG, FI, HR, HU, SK, UK
: Ubundet.
CAN
: Ubundet.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Computertjenesteydelser og lign.
(CPC 84)
LKT:
I 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, LV, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
FI
: Ingen, dog skal fysiske personer dokumentere at være i besiddelse af den særlige viden, der kræves for leveringen af den pågældende tjenesteydelse.
I 
AT, BG, CZ, HU, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
FI
: Ingen, dog skal fysiske personer dokumentere at være i besiddelse af den særlige viden, der kræves for leveringen af den pågældende tjenesteydelse.
I 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Økonomisk behovsprøve.
I 
HR
: Ubundet.
CAN
: Ingen.
Forsknings- og udviklingstjenesteydelser
(CPC 851, 852, undtagen psykologtjenesteydelser
 (
4
)
, og 853)
LKT:
EU, undtagen i SE
: Krav om værtsaftale med en godkendt forskningsorganisation
 (
5
)
.
EU
, undtagen i 
CZ, DK, SK
: Ingen
I 
CZ, DK, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
SE:
EU, undtagen i SE
: Krav om værtsaftale med en godkendt forskningsorganisation
 (
6
)
.
EU
, undtagen i 
BE, CZ, DK, IT, SK
: Ingen
I 
BE, CZ, DK, IT, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
Reklametjenesteydelser
(CPC 871)
LKT:
I 
BE, CY, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK
: Økonomisk behovsprøve.
CAN: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Markeds- og opinionsundersøgelsestjenesteydelser
(CPC 864)
LKT:
I 
BE, CY, DE, EE, ES, FR, IE, IT, LU, NL, PL, SE, UK
: Ingen.
I 
AT, BG, CZ, DK, EL, FI, HR, LV, MT, RO, SI, SK
: Økonomisk behovsprøve.
I 
PT
: Ingen, dog gælder »ubundet« for opinionsundersøgelsestjenesteydelser (CPC 86402).
I 
HU, LT
: Økonomisk behovsprøve, dog gælder »ubundet« for opinionsundersøgelsestjenesteydelser (CPC 86402).
CAN
: Ingen.
SE:
I 
CY, DE, EE, FR, IE, LU, NL, PL, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, EL, ES, FI, HR, IT, LV, MT, RO, SI, SK
: Økonomisk behovsprøve.
I 
PT
: Ingen, dog gælder »ubundet« for opinionsundersøgelsestjenesteydelser (CPC 86402).
I 
HU, LT
: Økonomisk behovsprøve, dog gælder »ubundet« for opinionsundersøgelsestjenesteydelser (CPC 86402).
CAN
: Ingen.
Virksomhedsrådgivning
(CPC 865)
LKT:
I 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, HU, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK:
 Ingen.
I 
AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
Tjenesteydelser i tilknytning til virksomhedsrådgivning
(CPC 866)
LKT:
I 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
I 
HU
: Økonomisk behovsprøve, dog gælder »ubundet« for voldgifts- og mæglingstjenesteydelser (CPC 86602).
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, ES, HR, IT, LT, RO, SK
: Økonomisk behovsprøve.
I 
HU
: Økonomisk behovsprøve, dog gælder »ubundet« for voldgifts- og mæglingstjenesteydelser (CPC 86602).
CAN
: Ingen.
Teknisk afprøvning og analyse
(CPC 8676)
LKT:
I 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, FI, HU, LT, LV, MT, PT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Hermed beslægtet teknisk-videnskabelig konsulenttjenesteydelser
(CPC 8675)
LKT:
I 
BE, CY, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE, UK
: Ingen.
I 
AT, CZ, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK
: Økonomisk behovsprøve.
I 
DE
: Ingen, dog gælder »ubundet« for offentligt udnævnte landmålere.
I 
FR
: Ingen, dog gælder »ubundet« for landmåling i forbindelse med etablering af ejendomsrettigheder og med jordlovgivning.
I 
BG
: Ubundet.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Minedrift
 (CPC 883, kun rådgivning og konsulenttjenesteydelser)
LKT:
I 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, HU, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, PL, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
Vedligeholdelse og reparation af fartøjer
(del af CPC 8868)
LKT:
I 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE, UK
: Ingen
I 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Vedligeholdelse og reparation af jernbanetransportudstyr
(del af CPC 8868)
LKT:
I 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Vedligeholdelse og reparation af motorkøretøjer, motorcykler, snemobiler og vejtransportudstyr
(CPC 6112, 6122, del af 8867 og del af 8868)
LKT:
I 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Vedligeholdelse og reparation af fly og flydele
(del af CPC 8868)
LKT:
I 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Vedligeholdelse og reparation af metalprodukter, maskiner (undtagen kontormaskiner), udstyr (undtagen transport- og kontorudstyr) og personlige ejendele og husholdningsartikler
(
7
)
(CPC 633, 7545, 8861, 8862, 8864, 8865 og 8866)
LKT:
I 
BE, CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DE, DK, HU, IE, LT, RO, SK
: Økonomisk behovsprøve.
I 
FI
: Ubundet, undtagen som led i en kontrakt om tjenesteydelser efter salg eller leje, hvor opholdets varighed er begrænset til seks måneder; for vedligeholdelse og reparation af personlige ejendele og husholdningsartikler (CPC 633): Økonomisk behovsprøve.
CAN
: Igen, dog gælder »ubundet« for ledere af forsyningsvirksomheder.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Oversættelse og tolkning
(CPC 87905, undtagen officielle eller autoriserede aktiviteter)
LKT:
I 
BE, CY, DE, EE, EL, ES, FR, HR, IT, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DK, FI, HU, IE, LT, LV, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
SE:
I 
CY, DE, EE, FR, LU, LV, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, RO, SK
: Økonomisk behovsprøve.
I 
HR
: Ubundet.
CAN
: Ingen.
Telekommunikationstjenesteydelser
 (CPC 7544, kun rådgivning og konsulenttjenesteydelser)
LKT:
I 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, HU, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
I 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen, dog gælder »ubundet« for ledere.
Post- og kurertjenesteydelser
 (CPC 751, kun rådgivning og konsulenttjenesteydelser)
LKT:
I 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, FI, HU, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
I 
CY, DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, ES, FI, HU, IT, LT, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen, dog gælder »ubundet« for ledere.
Bygge- og anlægsarbejde og hertil knyttet ingeniørtjenesteydelser
(CPC 511, 512, 513, 514, 515, 516, 517 og 518. BG: CPC 512, 5131, 5132, 5135, 514, 5161, 5162, 51641, 51643, 51644, 5165 og 517)
LKT:
EU
: Ubundet, undtagen i 
BE, CZ, DK, ES, FR, NL
 og 
SE
.
I 
BE, DK, ES, NL, SE
: Ingen.
I 
CZ
: Økonomisk behovsprøve.
I 
FR
: Ubundet, undtagen for teknikere, hvis arbejdstilladelsen udstedes for en periode på højst seks måneder. Der kræves en økonomisk behovstest.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Byggepladsundersøgelser
(CPC 5111)
LKT:
I 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, FI, HU, LT, LV, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Undervisning på videregående uddannelsesinstitutioner
(CPC 923)
LKT:
EU
, undtagen i 
LU, SE
: Ubundet.
I 
LU
: Ubundet, dog gælder »ingen« for universitetsprofessorer.
I 
SE
: Ingen, dog gælder »ubundet« for offentligt finansierede og privatfinansierede leverandører af undervisningstjenesteydelser med en form for statsstøtte.
CAN
: Ubundet.
SE:
EU
, undtagen i SE: Ubundet.
I 
SE
: Ingen, dog gælder »ubundet« for offentligt finansierede og privatfinansierede leverandører af undervisningstjenesteydelser med en form for statsstøtte.
CAN
: Ubundet.
Landbrug, jagt og skovbrug
 (CPC 881, kun rådgivning og konsulenttjenesteydelser)
LKT:
EU
, undtagen i 
BE, DE, DK, ES, FI, HR
 og 
SE
: Ubundet.
I 
BE, DE, ES, HR, SE
: Ingen
I 
DK
: Økonomisk behovsprøve.
I 
FI
: Ubundet, dog gælder »ingen« for rådgivning og konsulentbistand i tilknytning til skovbrug.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Tjenesteydelser på miljøområdet
(CPC 9401, 9402, 9403, 9404, del af 94060, 9405, del af 9406 og 9409)
LKT:
I 
BE, CY, EE, ES, FI, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DE, DK, EL, HU, LT, LV, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Forsikring og forsikringsrelaterede tjenesteydelser
 (kun rådgivning og konsulenttjenesteydelser)
LKT:
I 
BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, FI, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
I 
HU
: Ubundet.
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, ES, FI, IT, LT, PL, RO, SK
: Økonomisk behovsprøve.
I 
HU
: Ubundet.
CAN
: Ingen.
Andre finansielle tjenesteydelser
 (kun rådgivning og konsulenttjenesteydelser)
LKT:
I 
BE, CY, DE, ES, EE, EL, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, FI, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
I 
HU
: Ubundet.
CAN
: Ingen.
SE:
I 
CY, DE, EE, EL, FR, HR, IE, LV, LU, MT, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, ES, FI, IT, LT, NL, PL, RO, SK
: Økonomisk behovsprøve.
I 
HU
: Ubundet.
CAN
: Ingen.
Transport
 (CPC 71, 72, 73 og 74, kun rådgivning og konsulenttjenesteydelser)
LKT:
I 
CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, HU, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
I 
BE
: Ubundet.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
I 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, DK, ES, HU, IT, LT, RO, SK
: Økonomisk behovsprøve.
I 
PL
: Økonomisk behovsprøve, dog gælder »ingen« for lufttransport.
I 
BE
: Ubundet.
CAN
: Ingen, dog gælder »ubundet« for ledere.
Rejsebureauer og rejsearrangører
 (herunder turledere
 (
8
)
)
(CPC 7471)
LKT:
I 
AT, CY, CZ, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE, UK
: Ingen.
I 
BG, EL, FI, HU, LT, LV, MT, PT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
I 
BE, IE
: Ubundet, dog gælder »ingen« for turledere.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Turistguidetjenesteydelser
(CPC 7472)
LKT:
I 
SE, UK
: Ingen.
I 
AT, BE, BG, CY, CZ, DE, DK, EE, FI, FR, EL, HU, IE, IT, LV, LU, MT, NL, RO, SK, SI
: Økonomisk behovsprøve.
I 
ES, HR, LT, PL, PT
: Ubundet.
CAN
: Ingen.
SE:
EU
: Ubundet.
CAN
: Ubundet.
Fremstillingstjenesteydelser
 (CPC 884 og 885, kun rådgivning og konsulenttjenesteydelser)
LKT:
I 
BE, CY, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK
: Ingen.
I 
AT, BG, CZ, HU, LT, RO, SK
: Økonomisk behovsprøve.
I 
DK
: Økonomisk behovsprøve, undtagen for LKT's ophold på indtil tre måneder.
CAN
: Ingen, dog gælder »ubundet« for ledere.
SE:
I 
CY, DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK
: Ingen.
I 
AT, BE, BG, CZ, DK, ES, HU, IT, LT, PL, RO, SK
: Økonomisk behovsprøve.
CAN
: Ingen, dog gælder »ubundet« for ledere.
(
1
)
  Et forbehold vedrørende juridiske tjenesteydelser, som en medlemsstat i bilag I og II beskriver for »
            
national ret
« som omfattende »
            
EU-ret og medlemsstatsret
«, finder anvendelse på nærværende bilag.
(
2
)
  Et forbehold vedrørende juridiske tjenesteydelser, som en medlemsstat i bilag I og II beskriver for »
            
national ret
« som omfattende »
            
EU-ret og medlemsstatsret
«, finder anvendelse på nærværende bilag.
(
3
)
  Omfatter ikke juridisk rådgivning og juridisk repræsentation i skattesager, som hører under juridisk rådgivning inden for folkeretten og fremmed ret.
(
4
)
  Del af CPC 85201, der hører under lægevirksomhed og tandlægevirksomhed.
(
5
)
  For samtlige EU-medlemsstater, undtagen UK og DK, skal godkendelsen af forskningsorganisationen og værtsaftalen ske i henhold til betingelserne i EU's direktiv 2005/71/EF af 12. oktober 2005.
(
6
)
  For samtlige EU-medlemsstater, undtagen UK og DK, skal godkendelsen af forskningsorganisationen og værtsaftalen ske i henhold til betingelserne i EU's direktiv 2005/71/EF af 12. oktober 2005.
(
7
)
  Vedligeholdelse og reparation af kontormaskiner og udstyr, herunder computere, (CPC 845) hører under computertjenesteydelser.
(
8
)
  Tjenesteydere, hvis funktion det er at ledsage en gruppe på mindst ti fysiske personer uden at være guide på specifikke steder.
BILAG 10-F
FORSTÅELSE VEDRØRENDE ÆGTEFÆLLER TIL VIRKSOMHEDSINTERNT UDSTATIONEREDE
1.
Hvad angår EU-medlemsstaterne, der er underlagt Europa-Parlamentets og Rådets eksisterende direktiv 2014/66/EU af 15. maj 2014 om indrejse- og opholdsbetingelser for virksomhedsinternt udstationerede tredjelandsstatsborgere (»udstationeringsdirektivet«), indrømmer Den Europæiske Union ægtefæller til canadiske statsborgere, som er udstationeret virksomhedsinternt i Den Europæiske Union, ret til indrejse og midlertidigt ophold svarende til den ret, der indrømmes ægtefæller til internt udstationerede i henhold til udstationeringsdirektivet, og
2.
Canada indrømmer ægtefæller til EU-borgere, som er udstationeret virksomhedsinternt i Canada, en behandling svarende til den, der indrømmes ægtefæller til canadiske statsborgere, som er udstationeret virksomhedsinternt i den udstationerede EU-borgers oprindelsesmedlemsstat.
BILAG 11-A
RETNINGSLINJER FOR AFTALER OM GENSIDIG ANERKENDELSE
Indledning
Dette bilag indeholder retningslinjer for indførelse af praktiske regler, der skal gøre det nemmere at forhandle sig frem til aftaler om gensidig anerkendelse af lovregulerede erhverv. Disse retningslinjer er ikke bindende og hverken ændrer eller berører parternes rettigheder og forpligtelser i henhold til denne aftale.
Definitioner
I dette bilag forstås ved:
Prøvetid
: en periode med overvåget udøvelse af et lovreguleret erhverv i værtsjurisdiktionen under en kvalificeret persons ansvar, eventuelt ledsaget af en supplerende uddannelse. Prøvetiden afsluttes med en bedømmelse. De nærmere bestemmelser om prøvetid og bedømmelse heraf samt om praktikantens erhvervsmæssige status fastsættes, som det måtte være relevant, i værtsjurisdiktionens lovgivning
egnethedsprøve
: en kontrol udelukkende af ansøgerens faglige kundskaber, som foretages af værtsjurisdiktionens relevante myndigheder, og hvis formål er at vurdere ansøgerens egnethed til at udøve et lovreguleret erhverv i denne jurisdiktion, og
udøvelsens dækning
: en eller flere former for virksomhed, som er omfattet af et lovreguleret erhverv.
Form og indhold af en aftale om gensidig anerkendelse
I denne afdeling tages en række forskellige emner op, som kan gøres til genstand for forhandling og medtages i de endelige aftaler om gensidig anerkendelse, hvis man når til enighed herom. Der opstilles en række mulige krav til udenlandske erhvervsudøvere, der ønsker at drage fordel af en aftale om gensidig anerkendelse.
1.   
Deltagere
Det skal klart fremgå, hvem der er part i aftalen om gensidig anerkendelse.
2.   
Formål med aftalen om gensidig anerkendelse
Det skal klart fremgå, hvad formålet med aftalen om gensidig anerkendelse er.
3.   
Anvendelsesområde for aftalen om gensidig anerkendelse
Følgende skal klart fremgå af aftalen om gensidig anerkendelse:
a)
hvilke specifikke faglige titler og former for virksomhed aftalen omfatter
b)
hvem der har ret til at anvende de pågældende faglige titler
c)
om ordningen for anerkendelse er baseret på uddannelsesbeviser, godkendelser opnået i oprindelsesjurisdiktionen eller andre krav, og
d)
om aftalen om gensidig anerkendelse tillader midlertidig eller permanent adgang til det pågældende erhverv.
4.   
Bestemmelser om gensidig anerkendelse
Det skal i aftalen om gensidig anerkendelse klart præciseres, hvilke betingelser der skal opfyldes med henblik på anerkendelse af uddannelsesbeviser i hver jurisdiktion, og hvilket ækvivalensniveau man er blevet enige om.
Følgende procedure i fire trin bør overvejes med henblik på at forenkle og lette anerkendelsen af uddannelsesbeviser.
Procedure for anerkendelse af uddannelsesbeviser i fire trin
Første trin: kontrol af ækvivalens
Forhandlingsinstanserne bør kontrollere, hvorvidt dækningen af udøvelsesrettighederne eller uddannelsesbeviserne for det lovregulerede erhverv i deres respektive jurisdiktioner i det store og hele svarer til hinanden.
Gennemgangen af uddannelsesbeviser bør bl.a. omfatte indsamling af alle relevante oplysninger vedrørende dækningen af udøvelsesrettighederne på grundlag af en retlig beføjelse eller de uddannelsesbeviser, der kræves i forbindelse med et specifikt lovreguleret erhverv i de respektive jurisdiktioner.
Forhandlingsinstanserne bør derfor:
a)
kortlægge den eller de former for virksomhed, der er dækket af udøvelsesrettighederne til det lovregulerede erhverv, og
b)
kortlægge de kvalifikationer, der kræves i hver jurisdiktion. Der kan bl.a. være tale om følgende:
i)
det påkrævede laveste uddannelsesniveau, f.eks. med hensyn til adgangskrav, normeret studietid og læste fag
ii)
mindsteniveau for krævet erfaring, f.eks. sted for, varighed af og vilkår for den praktiske uddannelse eller prøvetiden forud for godkendelsesudstedelsen, eller rammerne for de etiske og disciplinære standarder
iii)
beståede eksaminer, især eksaminer vedrørende faglig kompetence
iv)
i hvilket omfang uddannelsesbeviser fra én jurisdiktion anerkendes i den anden jurisdiktion, og
v)
hvilke uddannelsesbeviser de relevante myndigheder i hver jurisdiktion vil anerkende, f.eks. i form af en liste over bestemte eksamensbeviser eller certifikater eller ved henvisning til bestemte minimumskrav, der skal attesteres af de relevante myndigheder i oprindelsesjurisdiktionen, herunder hvorvidt et vist kvalifikationsniveau kan føre til anerkendelse af visse former for virksomhed, som indgår i udøvelsens dækning, men ikke af andre (uddannelsens niveau og varighed, vigtigste fokusområder, overordnede fag og emneområder).
Der er en generel ækvivalens mellem dækningen af udøvelsesrettighederne eller uddannelsesbeviserne for det lovregulerede erhverv, hvis der ikke er nogen væsentlige forskelle i den henseende mellem jurisdiktionerne.
Andet trin: evaluering af væsentlige forskelle
Der er en væsentlig forskel i dækningen af de uddannelsesbeviser, der kræves for at kunne udøve et lovreguleret erhverv, hvis:
a)
der består store forskelle med hensyn til væsentlig viden, eller
b)
der er betydelige forskelle i uddannelsens varighed eller indhold mellem jurisdiktionerne.
Der er væsentlig forskel i udøvelsens dækning, hvis:
a)
en eller flere former for erhvervsmæssig virksomhed ikke er omfattet af det tilsvarende erhverv i oprindelsesjurisdiktionen
b)
disse former for virksomhed kræver en særlig uddannelse i værtsjurisdiktionen, og
c)
uddannelsen i disse former for virksomhed i værtsjurisdiktionen omfatter emner, som er grundlæggende forskellige fra de emner, ansøgerens uddannelsesbevis omfatter.
Tredje trin: udligningsforanstaltninger
Hvis forhandlingsinstanserne fastslår, at der består en væsentlig forskel i dækningen af udøvelsesrettighederne eller uddannelsesbeviserne mellem jurisdiktionerne, kan de træffe afgørelse om udligningsforanstaltninger for at afhjælpe forskellen.
En udligningsforanstaltning kan tage form af bl.a. en prøvetid eller om nødvendigt en egnethedsprøve.
Udligningsforanstaltninger bør stå i rimeligt forhold til den væsentlige forskel, der skal afhjælpes. Forhandlingsinstanserne bør desuden evaluere den praktiske erhvervserfaring, der måtte være opnået i oprindelsesjurisdiktionen, for at tage stilling til, om denne erfaring er tilstrækkelig til helt eller delvist at afhjælpe den væsentlige forskel i dækningen af udøvelsesrettigheder eller uddannelsesbeviser mellem jurisdiktionerne, inden der træffes afgørelse om en udligningsforanstaltning.
Fjerde trin: fastlæggelse af betingelserne for anerkendelse
Når vurderingen af den overordnede ækvivalens af dækningen af udøvelsesrettigheder eller uddannelsesbeviser for det lovregulerede erhverv er afsluttet, skal forhandlingsinstanserne i aftalen om gensidig anerkendelse præcisere:
a)
hvilken retlig beføjelse der er nødvendig for at kunne udøve det lovregulerede erhverv
b)
hvilke uddannelsesbeviser der gælder for det lovregulerede erhverv
c)
hvorvidt det er nødvendigt med udligningsforanstaltninger
d)
i hvilket omfang erhvervsmæssig erfaring kan udligne væsentlige forskelle
e)
eventuelle udligningsforanstaltninger, herunder anvendelse af en prøvetid eller en egnethedsprøve.
5.   
Gennemførelsesordninger
Det skal af aftalen om gensidig anerkendelse fremgå:
a)
hvilke regler og procedurer der skal anvendes til at overvåge og håndhæve aftalens bestemmelser
b)
hvilke ordninger der er for dialog og administrativt samarbejde mellem parterne i aftalen om gensidig anerkendelse, og
c)
hvordan individuelle ansøgere kan tage spørgsmål op vedrørende fortolkningen eller gennemførelsen af aftalen om gensidig anerkendelse.
Til vejledning for behandlingen af individuelle ansøgere skal aftalen om gensidig anerkendelse indeholde oplysninger om:
a)
det kontaktpunkt, hvor der kan indhentes oplysninger om alle spørgsmål af relevans for ansøgningen, f.eks. navn og adresse på de relevante myndigheder, godkendelsesudstedelsesformaliteter, oplysninger om yderligere krav, der skal opfyldes i værtsjurisdiktionen
b)
hvor lang tid procedurerne for behandling af ansøgninger hos de relevante myndigheder i værtsjurisdiktionen tager
c)
den dokumentation, der kræves af ansøgere, og i hvilken form den skal forelægges
d)
godtagelse af dokumenter og attester, der udstedes i værtsjurisdiktionen, vedrørende uddannelsesbeviser og godkendelser
e)
procedurerne for appel til eller prøvelse hos de relevante myndigheder.
Aftalen for gensidig anerkendelse bør også omfatte følgende tilsagn fra de relevante myndigheder:
a)
forespørgsler vedrørende krav og procedurer i forbindelse med godkendelsesudstedelse og uddannelsesbeviser vil blive behandlet omgående
b)
ansøgere vil have tilstrækkelig tid til at opfylde kravene i forbindelse med ansøgningen og en eventuel appel til eller prøvelse hos de relevante myndigheder
c)
der vil blive afholdt eksaminer eller prøver med rimelig hyppighed
d)
gebyrer for ansøgere, der ønsker at drage fordel af bestemmelserne i aftalen om gensidig anerkendelse, vil stå i rimeligt forhold til værtsjurisdiktionens omkostninger i den forbindelse, og
e)
der vil blive givet oplysninger om eventuelle hjælpeprogrammer vedrørende praktisk uddannelse i værtsjurisdiktionen og om de forpligtelser, værtsjurisdiktionen måtte have indgået i den forbindelse.
6.   
Udstedelse af tilladelser og andre bestemmelser i værtsjurisdiktionen
Hvis det er relevant, bør der også i aftalen om gensidig anerkendelse gøres rede for, hvordan og på hvilke betingelser der kan opnås godkendelse, når det er fastslået, at der foreligger berettigelse hertil, og hvad godkendelsen fører med sig, f.eks. godkendelsens indhold, medlemsskab af et fagligt organ, anvendelse af faglige eller akademiske titler. Andre krav end uddannelsesbeviser i forbindelse med udstedelse af godkendelse bør uddybes, herunder krav om:
a)
at have en kontoradresse, have en etablering eller være bosiddende
b)
sprogkundskaber
c)
vandelsattest
d)
erhvervsansvarsforsikring
e)
efterlevelse af værtsjurisdiktionens krav vedrørende anvendelse af handels- eller firmanavne og
f)
efterlevelse af værtsjurisdiktionens etiske regler, f.eks. uvildighed og redelig adfærd.
Af hensyn til gennemsigtigheden skal aftalen om gensidig anerkendelse indeholde følgende oplysninger for hver værtsjurisdiktion:
a)
den ret, der finder anvendelse, f.eks. vedrørende disciplinære foranstaltninger og finansielt ansvar
b)
disciplinærprincipper og håndhævelse af faglige standarder, herunder disciplinær jurisdiktion og eventuelle følgevirkninger for udøvelsen af erhvervsmæssig virksomhed
c)
ved hvilke midler kompetence løbende verificeres, og
d)
kriterier og procedurer for tilbagekaldelse af en registrering.
7.   
Ændring af aftalen om gensidig anerkendelse
Hvis aftalen om gensidig anerkendelse indeholder bestemmelser om dens ændring eller tilbagekaldelse, skal disse være klare og detaljerede.
8.   
Gennemsigtighed
Parterne skal:
a)
offentliggøre teksten til indgåede aftaler om gensidig anerkendelse, og
b)
meddele hinanden eventuelle ændringer vedrørende uddannelsesbeviser, som kan påvirke anvendelsen eller gennemførelsen af en aftale om gensidig anerkendelse. En part skal om muligt kunne fremsætte bemærkninger til den anden parts ændringer.
BILAG 13-A
GRÆNSEOVERSKRIDENDE HANDEL MED FINANSIELLE TJENESTEYDELSER
Canadas liste
Forsikring og forsikringsrelaterede tjenesteydelser
1.
Artikel 13.7.1 finder anvendelse på grænseoverskridende levering af eller handel med finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
forsikring af risici i forbindelse med:
i)
søtransport og kommerciel luftfart samt opsendelse og fragt i rummet, inklusive satellitter, med en sådan forsikring, at den dækker de transporterede varer, transportmidlet og det ansvar, der er forbundet med transporten, og
ii)
varer i international transit
b)
genforsikring og retrocession
c)
tjenesteydelser i forbindelse med forsikring som omhandlet i nr. iv) i definitionen af forsikring og forsikringsrelaterede tjenesteydelser i artikel 13.1, og
d)
forsikringsmægling, herunder mæglervirksomhed og agentur, for forsikring af risici i forbindelse med tjenesteydelserne i litra a) og b).
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
2.
Artikel 13.7.1 finder anvendelse på grænseoverskridende levering af eller handel med finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
b)
rådgivning og dermed beslægtede finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men eksklusive mægling som omhandlet i samme nummer.
Porteføljeforvaltning
3.
Artikel 13.7.1 finder anvendelse på grænseoverskridende levering af eller handel med finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår udførelsen af følgende tjenesteydelser for en kollektiv investeringsordning med hjemsted i Canada:
a)
investeringsrådgivning og
b)
porteføljeforvaltning, undtagen:
i)
forvaring af betroede midler
ii)
forvaltning af betroede midler, eller
iii)
udførelsestjenester.
4.
I forbindelse med denne forpligtelse forstås ved porteføljeforvaltning forvaltning af porteføljer i overensstemmelse med den enkelte kundes afgivne mandat med skønsmæssige beføjelser, såfremt sådanne porteføljer omfatter et eller flere finansielle instrumenter.
5.
Ved kollektive investeringsordninger forstås investeringsfonde eller fondsforvaltningsselskaber, der er underlagt eller registreret i henhold til den relevante værdipapirlovgivning. Uanset punkt 3 kan Canada kræve, at en kollektiv investeringsordning med hjemsted i Canada bevarer det endelige ansvar for forvaltningen af den kollektive investeringsordning eller de fonde, den forvalter.
6.
Forbehold for foranstaltninger, der ikke er i overensstemmelse med reglerne, og som Canada har opført i sin liste i bilag III, gælder ikke for stk. 3-5.
Den Europæiske Unions liste
(gælder for samtlige EU-medlemsstater, medmindre andet er anført)
Forsikring og forsikringsrelaterede tjenesteydelser
1.
Undtagen for 
CY, EE, LV, LT, MT
 og 
PL
 
(
1
)
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
forsikring af risici i forbindelse med:
i)
søtransport og kommerciel luftfart samt opsendelse og fragt i rummet, inklusive satellitter, med en sådan forsikring, at den dækker de transporterede varer, transportmidlet og det ansvar, der er forbundet med transporten, og
ii)
varer i international transit
b)
genforsikring og retrocession
c)
tjenesteydelser i forbindelse med forsikring som omhandlet i nr. iv) i definitionen af forsikring og forsikringsrelaterede tjenesteydelser i artikel 13.1, og
d)
forsikringsmægling, herunder mæglervirksomhed og agentur, for forsikring af risici i forbindelse med tjenesteydelserne i litra a) og b).
2.
For 
CY
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
direkte forsikring (herunder coassurance) til forsikring af risici i forbindelse med:
i)
søtransport og kommerciel luftfart samt opsendelse og fragt i rummet, inklusive satellitter, med en sådan forsikring, at den dækker de transporterede varer, transportmidlet og det ansvar, der er forbundet med transporten, og
ii)
varer i international transit
b)
forsikringsmægling
c)
genforsikring og retrocession og
d)
tjenesteydelser i forbindelse med forsikring som omhandlet i nr. iv) i definitionen af forsikring og forsikringsrelaterede tjenesteydelser i artikel 13.1.
3.
For 
EE
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
direkte forsikring (herunder coassurance)
b)
genforsikring og retrocession
c)
forsikringsmægling og
d)
tjenesteydelser i forbindelse med forsikring som omhandlet i nr. iv) i definitionen af forsikring og forsikringsrelaterede tjenesteydelser i artikel 13.1.
4.
For 
LV
 og 
LT
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
forsikring af risici i forbindelse med:
i)
søtransport og kommerciel luftfart samt opsendelse og fragt i rummet, inklusive satellitter, med en sådan forsikring, at den dækker de transporterede varer, transportmidlet og det ansvar, der er forbundet med transporten, og
ii)
varer i international transit
b)
genforsikring og retrocession og
c)
tjenesteydelser i forbindelse med forsikring som omhandlet i nr. iv) i definitionen af forsikring og forsikringsrelaterede tjenesteydelser i artikel 13.1.
5.
For 
MT
 finder artikel 13.7.1, anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
forsikring af risici i forbindelse med:
i)
søtransport og kommerciel luftfart samt opsendelse og fragt i rummet, inklusive satellitter, med en sådan forsikring, at den dækker de transporterede varer, transportmidlet og det ansvar, der er forbundet med transporten, og
ii)
varer i international transit
b)
genforsikring og retrocession og
c)
tjenesteydelser i forbindelse med forsikring som omhandlet i nr. iv) i definitionen af forsikring og forsikringsrelaterede tjenesteydelser i artikel 13.1.
6.
For 
PL
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
forsikring af risici i forbindelse med varer i international handel og
b)
genforsikring og retrocession af risici i forbindelse med varer i international handel.
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring og forsikringsrelaterede tjenesteydelser)
7.
Undtagen for 
BE, CY, EE, LV, LT, MT, SI
 og 
RO
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
b)
rådgivning og dermed beslægtede finansielle tjenesteydelser i forbindelse med bankvirksomhed og andre finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men ikke mægling som omhandlet i samme nummer.
8.
For 
BE
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1.
9.
For 
CY
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
handel med værdipapirer for egen eller kunders regning på børsen, OTC-markedet eller på anden måde
b)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
c)
rådgivning og dermed beslægtede finansielle tjenesteydelser i forbindelse med bankvirksomhed og andre finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men ikke mægling som omhandlet i samme nummer.
10.
For 
EE
 og 
LT
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
modtagelse af indlån
b)
alle former for långivning
c)
finansiel leasing
d)
al betalings- og pengeoverførselsvirksomhed
e)
garantier og forpligtelser
f)
handel for egen eller kunders regning på børsen eller OTC-markedet
g)
deltagelse i emissioner af enhver art af værdipapirer, herunder emissionsgaranti og placering som agent (enten offentligt eller privat) og servicevirksomhed i tilknytning til sådanne emissioner
h)
»money broking«
i)
forvaltning af aktiver såsom likviditets- eller porteføljeforvaltning, alle former for forvaltning af kollektive investeringer samt tjenesteydelser i tilknytning til forvaring, indskud og forvaltning af betroede midler
j)
afregning og clearing i forbindelse med finansielle aktiver, herunder værdipapirer, derivater og andre omsætningspapirer
k)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
l)
rådgivning og dermed beslægtede finansielle tjenesteydelser i forbindelse med bankvirksomhed og andre finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men ikke mægling som omhandlet i samme nummer.
11.
For 
LV
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
deltagelse i emissioner af enhver art af værdipapirer, herunder emissionsgaranti og placering som agent (enten offentligt eller privat) og servicevirksomhed i tilknytning til sådanne emissioner
b)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
c)
rådgivning og dermed beslægtede finansielle tjenesteydelser i forbindelse med bankvirksomhed og andre finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men ikke mægling som omhandlet i samme nummer.
12.
For 
MT
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
modtagelse af indlån
b)
alle former for långivning
c)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
d)
rådgivning og dermed beslægtede finansielle tjenesteydelser i forbindelse med bankvirksomhed og andre finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men ikke mægling som omhandlet i samme nummer.
13.
For 
RO
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
modtagelse af indlån
b)
alle former for långivning
c)
garantier og forpligtelser
d)
»money broking«
e)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
f)
rådgivning og dermed beslægtede finansielle tjenesteydelser i forbindelse med bankvirksomhed og andre finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men ikke mægling som omhandlet i samme nummer.
14.
For 
SI
 finder artikel 13.7.1 anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår:
a)
alle former for långivning
b)
indenlandske juridiske enheders og eneejeres godtagelse af garantier og forpligtelser indgået af udenlandske kreditinstitutioner
c)
tilvejebringelse og overførsel af finansielle oplysninger samt software til behandling af finansielle data og dermed beslægtet software som omhandlet i nr. xi) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, og
d)
rådgivning og dermed beslægtede finansielle tjenesteydelser i forbindelse med bankvirksomhed og andre finansielle tjenesteydelser som omhandlet i nr. xii) i definitionen af bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) i artikel 13.1, men ikke mægling som omhandlet i samme nummer.
Porteføljeforvaltning
15.
Artikel 13.7.1 finder anvendelse på grænseoverskridende levering af finansielle tjenesteydelser som defineret i litra a) i definitionen af grænseoverskridende levering af finansielle tjenesteydelser i artikel 13.1 for så vidt angår porteføljeforvaltning for en professionel EU-kunde med hjemsted i Den Europæiske Union, der foretages af et canadisk finansieringsinstitut oprettet i Canada, efter en overgangsperiode på fire år efter denne aftales ikrafttræden. Det skal, at denne forpligtelse er omfattet af Den Europæiske Unions tilsynsordning, herunder en ækvivalensvurdering 
(
2
)
.
16.
I forbindelse med denne forpligtelse:
a)
forstås ved porteføljeforvaltning forvaltning af porteføljer i overensstemmelse med den enkelte kundes afgivne mandat med skønsmæssige beføjelser, såfremt sådanne porteføljer omfatter et eller flere finansielle instrumenter
b)
omfatter porteføljeforvaltning ikke:
i)
forvaring af betroede midler
ii)
forvaltning af betroede midler, eller
iii)
udførelsestjenester, og
c)
er professionelle kunder i Den Europæiske Union dem, der er defineret under punkt 1, litra e), i afdeling I i bilag II til direktiv 2004/39/EF af 21. april 2004 om markeder for finansielle instrumenter.
(
1
)
  De i nærværende bilag anvendte forkortelser er defineret i punkt 8 i hovednoten til bilag I (forbehold for eksisterende foranstaltninger og liberaliseringsforpligtelser).
(
2
)
  Dette betyder, at når Europa-Kommissionen har vedtaget en afgørelse om ækvivalens vedrørende porteføljeforvaltning og et canadisk finansieringsinstitut lever op til andre europæiske tilsynskrav, kan det pågældende finansieringsinstitut udføre skønsmæssig porteføljeforvaltning for en professionel EU-kunde uden at være etableret i Den Europæiske Union. Herudover finder EU-medlemsstaternes foranstaltninger med henblik på begrænsning af eller forbud mod grænseoverskridende porteføljeforvaltning, herunder forbeholdene i deres lister i bilag I og II, ikke længere anvendelse på denne forpligtelse.
BILAG 13-B
FORSTÅELSE VEDRØRENDE ANVENDELSEN AF ARTIKEL 13.161 OG ARTIKEL 13.21
Parterne erkender, at tilsynsforanstaltninger styrker deres respektive finansielle systemer, tilskynder til sunde, effektive og modstandsdygtige institutioner, markeder og infrastrukturer og fremmer international finansiel stabilitet ved at befordre långivnings- og investeringsafgørelser på et mere velinformeret grundlag, forbedre markedsintegriteten og mindske risiciene for finansiel uro og afsmitning.
Parterne er derfor blevet enige om en tilsynsklausul, jf. artikel 13.16.1, i henhold til hvilken parterne kan indføre eller opretholde visse foranstaltninger af forsigtighedshensyn, og har tildelt Udvalget for Finansielle Tjenesteydelser, der er oprettet ved artikel 26.2.1, litra f), den rolle at afgøre, om — og i givet fald i hvilket omfang — tilsynsklausulen finder anvendelse på investeringstvister vedrørende finansielle tjenesteydelser, jf. artikel 13.21.
Procedure i forbindelse med artikel 13.21
1.
Udvalget for Finansielle Tjenesteydelser skal i medfør af sin rolle i forbindelse med investeringstvister i henhold til artikel 13.21 afgøre, om — og i givet fald i hvilket omfang — tilsynsklausulen på gyldig vis kan påberåbes for at imødegå en klage.
2.
Parterne forpligter sig til at handle loyalt. De forelægger hver især deres holdning for Udvalget for Finansielle Tjenesteydelser senest 60 dage efter henvisningen af sagen til Udvalget for Finansielle Tjenesteydelser.
3.
Hvis den ikke-indklagede part inden den i punkt 2 omhandlede frist på 60 dage meddeler Udvalget for Finansielle Tjenesteydelser, at den har igangsat en intern procedure med henblik på stillingtagen i sagen, suspenderes fristen i punkt 2, indtil den pågældende part meddeler Udvalget for Finansielle Tjenesteydelser sin holdning. En suspendering af over seks måneders varighed anses for at være et brud på forpligtelsen til at handle loyalt.
4.
Hvis den indklagede ikke meddeler Udvalget for Finansielle Tjenesteydelser sin holdning inden den i punkt 2 omhandlede frist, finder suspenderingen af de i artikel 13.21.3 omhandlede frister eller procedurer ikke længere anvendelse, og investoren kan i så fald gå videre med sin klage.
5.
Hvis Udvalget for Finansielle Tjenesteydelser ikke er i stand til at træffe en fælles konstatering inden for 60 dage i en specifik tvist mellem en investor og en stat vedrørende en tilsynsforanstaltning, henviser Udvalget for Finansielle Tjenesteydelser sagen til Det Blandede CETA-Udvalg 
(
1
)
. Den nævnte periode på 60 dage regnes fra det øjeblik, Udvalget for Finansielle Tjenesteydelser modtager parternes holdninger i medfør af punkt 2.
6.
Den fælles konstatering, der træffes af Udvalget for Finansielle Tjenesteydelser eller Det Blandede CETA-Udvalg, er kun bindende for voldgiftsretten i forbindelse med den tvist, den vedrører. Den fælles konstatering danner ikke bindende præcedens for parterne med hensyn til tilsynsklausulens eller andre aftalebestemmelsers dækning og anvendelse.
7.
Hvis Det Blandede CETA-Udvalg ikke når til enighed, senest tre måneder efter at Udvalget for Finansielle Tjenesteydelser i medfør af punkt 5 har henvist sagen til det, forelægger parterne hver især deres holdning for den voldgiftsret, der skal afgøre den pågældende tvist, medmindre Det Blandede CETA-Udvalg træffer anden afgørelse. Voldgiftsretten tager hensyn til dette forløb i forbindelse med sin afgørelse.
Overordnede principper
8.
Parterne er enige om, at parter og voldgiftsretter bør anvende artikel 13.16.1 efter følgende, ikke-udtømmende principper:
a)
en part kan fastlægge sine egne tilsynsregler på et passende højt niveau. Nærmere bestemt kan en part indføre og håndhæve foranstaltninger, der giver et højere niveau for tilsynsmæssig beskyttelse end dem, der fremgår af de fælles internationale tilsynsforpligtelser
b)
i forbindelse med en afgørelse om, hvorvidt en foranstaltning opfylder kravene i artikel 13.16.1, er det relevant bl.a. at tage i betragtning, i hvilket omfang en foranstaltning kan være påkrævet på grund af situationens hastende karakter og de oplysninger, parten rådede over på det tidspunkt, hvor foranstaltningen blev indført
c)
i betragtning af tilsynsreglernes meget specialiserede karakter, skal de personer, der anvender disse principper, i videst muligt omfang henholde sig til forskrifter og praksis i parternes respektive jurisdiktioner samt til finanstilsynsmyndigheders afgørelser og egentlige konstateringer, herunder risikovurderinger
d)
i)
under forbehold af nr. ii) anses en foranstaltning for at opfylde kravene i artikel 13.16.1, hvis den:
A)
har et tilsynsmæssigt sigte, og
B)
ikke er så restriktiv, at den er klart ude af proportioner i forhold til formålet, og
ii)
en foranstaltning, der ellers opfylder kravene i nr. i), opfylder ikke kravene i artikel 13.16.1, hvis den udgør en skjult begrænsning af udenlandske investeringer eller en vilkårlig eller uberettiget forskelsbehandling af investorer, der befinder sig i samme situation
e)
forudsat at en foranstaltning ikke anvendes på en måde, der udgør en vilkårlig eller uberettiget forskelsbehandling af investorer, der befinder sig i samme situation, eller en skjult begrænsning af udenlandske investeringer, anses den pågældende foranstaltning for at opfylde kravene i artikel 13.16.1, hvis den:
i)
stemmer overens med de internationale tilsynsforpligtelser, der er fælles for parterne
ii)
har til formål at afvikle et finansieringsinstitut, som ikke længere er levedygtigt, eller som efter alt at dømme risikerer ikke længere at være levedygtigt
iii)
har til formål at genoprette et finansieringsinstitut eller at styre et finansieringsinstitut i en stresssituation, eller
iv)
har til formål at bevare eller genoprette den finansielle stabilitet som reaktion på en systemisk finanskrise.
Periodisk gennemgang
9.
Udvalget for Finansielle Tjenesteydelser kan med begge parters samtykke til enhver tid ændre denne forståelse. Udvalget for Finansielle Tjenesteydelser bør tage denne forståelse op til gennemgang mindst hvert andet år.
I den forbindelse kan Udvalget for Finansielle Tjenesteydelser udarbejde en fælles forståelse vedrørende anvendelsen af artikel 13.16.1 med udgangspunkt i den dialog og de drøftelser, der føres i udvalget vedrørende specifikke tvister, og under hensyntagen til de internationale tilsynsforpligtelser, der er fælles for parterne.
(
1
)
  Parterne sørger for, at de til dette formål repræsenteres i Det Blandede CETA-Udvalg af bl.a. myndigheder med ansvar for finansielle tjenesteydelser.
BILAG 13-C
FORSTÅELSE VEDRØRENDE DIALOGEN OM REGULERING AF SEKTOREN FOR FINANSIELLE TJENESTEYDELSER
Parterne bekræfter deres vilje til at styrke den finansielle stabilitet. Dialogen om regulering af sektoren for finansielle tjenesteydelser i Udvalget for Finansielle Tjenesteydelser tager udgangspunkt i de principper og tilsynsstandarder, der aftales på multilateralt plan. Parterne forpligter sig til at koncentrere drøftelserne om emner med grænseoverskridende virkninger som f.eks. grænseoverskridende handel med værdipapirer (herunder muligheden for at indgå yderligere forpligtelser vedrørende porteføljeforvaltning), deres respektive rammer for særligt dækkede obligationer og krav til sikkerhedsstillelse i forbindelse med coassurance og til at drøfte emner vedrørende driften af filialer.
CANADAS MARKEDSADGANGSLISTE
BILAG 19-1
Centrale offentlige ordregivere
Medmindre andet er angivet, omfatter dette kapitel udbud foretaget af ordregivere, som er opført i dette bilag, i henhold til følgende tærskelværdier:
Tærskelværdi:
Varer
130 000  SDR
Tjenesteydelser
130 000  SDR
Tjenesteydelser inden for bygge- og anlægsvirksomhed
5 000 000  SDR
Når ordregivere, der er opført på listen i dette bilag, foretager udbud i forbindelse med aktiviteter, der er opført i bilag 19-3, afdeling B, finder de tærskler, der er fastsat i nævnte afdeling, anvendelse.
Liste over ordregivere
1.
Atlantic Canada Opportunities Agency
2.
Canada Border Services Agency
3.
Canada Emission Reduction Incentives Agency
4.
Canada Employment Insurance Commission
5.
Canada Industrial Relations Board
6.
Canada Revenue Agency
7.
Canada School of Public Service
8.
Canadian Centre for Occupational Health and Safety
9.
Canadian Environmental Assessment Agency
10.
Canadian Food Inspection Agency
11.
Canadian Forces Grievance Board
12.
Canadian Grain Commission
13.
Canadian Human Rights Commission
14.
Canadian Human Rights Tribunal
15.
Canadian Institutes of Health Research
16.
Canadian Intergovernmental Conference Secretariat
17.
Canadian International Trade Tribunal
18.
Canadian Northern Economic Development Agency
19.
Canadian Nuclear Safety Commission
20.
Canadian Polar Commission
21.
Canadian Radio-television and Telecommunications Commission
22.
Canadian Space Agency
23.
Canadian Transportation Accident Investigation and Safety Board
24.
Canadian Transportation Agency
25.
Copyright Board
26.
Correctional Service of Canada
27.
Courts Administration Service
28.
Department of Agriculture and Agri-Food
29.
Department of Canadian Heritage
30.
Department of Citizenship and Immigration
31.
Department of Employment and Social Development
32.
Department of Finance
33.
Department of Fisheries and Oceans
34.
Department of Foreign Affairs, Trade and Development
35.
Department of Health
36.
Department of Indian Affairs and Northern Development
37.
Department of Industry
38.
Department of Justice
39.
Department of National Defence
40.
Department of Natural Resources
41.
Department of Public Safety and Emergency Preparedness
42.
Department of Public Works and Government Services
43.
Department of the Environment
44.
Department of Transport
45.
Department of Veterans Affairs
46.
Department of Western Economic Diversification
47.
Director of Soldier Settlement
48.
Director, The Veterans' Land Act
49.
Economic Development Agency of Canada for the Regions of Quebec
50.
Federal Economic Development Agency for Southern Ontario
51.
Financial Consumer Agency of Canada
52.
Immigration and Refugee Board
53.
Indian Residential Schools Truth and Reconciliation Commission
54.
Library and Archives of Canada
55.
Military Police Complaints Commission
56.
National Battlefields Commission
57.
National Energy Board
58.
National Farm Products Council
59.
National Film Board
60.
Parole Board of Canada
61.
National Research Council of Canada
62.
Natural Sciences and Engineering Research Council
63.
Northern Pipeline Agency
64.
Office of Infrastructure of Canada
65.
Office of the Auditor General
66.
Office of the Chief Electoral Officer
67.
Office of the Commissioner for Federal Judicial Affairs
68.
Office of the Commissioner of Lobbying
69.
Office of the Commissioner of Official Languages
70.
Office of the Communications Security Establishment Commissioner
71.
Office of the Co-ordinator, Status of Women
72.
Office of the Correctional Investigator of Canada
73.
Office of the Director of Public Prosecutions
74.
Office of the Governor General's Secretary
75.
Office of the Public Sector Integrity Commissioner
76.
Office of the Superintendent of Financial Institutions
77.
Office of the Information Commissioner of Canada
78.
Office of the Privacy Commissioner of Canada
79.
Parks Canada Agency
80.
Patented Medicine Prices Review Board
81.
Privy Council Office
82.
Public Health Agency of Canada
83.
Public Service Commission
84.
Public Service Labour Relations and Employment Board
85.
Registrar of the Supreme Court of Canada
86.
Registry of the Competition Tribunal
87.
Registry of the Public Servants Disclosure Protection Tribunal
88.
Registry of the Specific Claims Tribunal
89.
Royal Canadian Mounted Police
90.
Royal Canadian Mounted Police External Review Committee
91.
Royal Canadian Mounted Police Public Complaints Commission
92.
Security Intelligence Review Committee
93.
Shared Services Canada
94.
Social Sciences and Humanities Research Council
95.
Statistics Canada
96.
Transportation Appeal Tribunal of Canada
97.
Treasury Board of Canada Secretariat
98.
Veterans Review and Appeal Board
Bemærkninger til Canadas bilag 19-1
1.
For Canadian Space Agency er udbuddet af omfattede varer og tjenesteydelser begrænset til det, der har relation til satellitkommunikation, jordobservation og de globale satellitnavigationssystemer. Dette tilsagn gælder for en femårig periode efter denne aftales ikrafttræden. Beregningen af den femårige periode omfatter en eventuel periode for den midlertidige anvendelse. Canada kan inden udløbet af femårsperioden give Den Europæiske Union meddelelse om, at landet afskaffer det midlertidige tilsagn. Meddelelsen får virkning ved udløbet af den femårige periode. Hvis Canada ikke afgiver en sådan meddelelse, bliver det midlertidige tilsagn permanent.
2.
Artikel 19.18 i dette kapitel gælder ikke for en eventuel afskaffelse af det midlertidige tilsagn i denne bemærkning.
BILAG 19-2
Sub-centrale offentlige ordregivere
Medmindre andet er angivet, omfatter dette kapitel udbud foretaget af ordregivere, som er opført i dette bilag, i henhold til følgende tærskelværdier:
Tærskelværdi:
Varer
200 000  SDR
Tjenesteydelser
200 000  SDR
Tjenesteydelser inden for bygge- og anlægsvirksomhed
5 000 000  SDR
Når ordregivere, der er opført på listen i dette bilag, foretager udbud i forbindelse med aktiviteter, der er opført i bilag 19-3, afdeling B, finder de tærskler, der er fastsat i nævnte afdeling, anvendelse.
Liste over ordregivere:
1.
ALBERTA
1.1
Dette bilag omfatter alle:
1.
departementer, ministerier, kontorer, styrelser, råd, udvalg, kommissioner og lignende statslige organer
2.
myndigheder på regionalt eller lokalt plan, på distriktsplan eller andre former for kommunal myndighed og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
1.2
Dette bilag omfatter ikke:
1.
Legislative Assembly
2.
Legislative Assembly Office
3.
Office of the Auditor General
4.
Office of the Chief Electoral Officer
5.
Office of the Ethics Commissioner
6.
Office of the Information and Privacy Commissioner
7.
Office of the Ombudsman
2.
BRITISH COLUMBIA
2.1
Dette bilag omfatter alle:
1.
ministerier, kontorer, styrelser, råd, udvalg, kommissioner og lignende statslige organer
2.
myndigheder på regionalt eller lokalt plan, på distriktsplan eller andre former for kommunal myndighed og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
2.2
Dette bilag omfatter ikke den lovgivende forsamling og dens uafhængige kontorer.
3.
MANITOBA
3.1
Dette bilag omfatter alle:
1.
departementer, styrelser, kommissioner, udvalg og lignende statslige organer
2.
kommuner og kommunale organisationer og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
4.
NEW BRUNSWICK
4.1
Dette bilag omfatter følgende departementer, sekretariater og organer:
1.
Aboriginal Affairs Secretariat
2.
Agriculture, Aquaculture and Fisheries
3.
Ambulance New Brunswick Inc.
4.
Aquarium and Marine Center of New Brunswick
5.
Office of the Attorney General
6.
Child and Youth Advocate
7.
Education and Early Childhood Development
8.
Efficiency New Brunswick
9.
Elections New Brunswick
10.
Energy and Mines
11.
Environment and Local Government
12.
Executive Council Office
13.
FacilicorpNB Ltd.
14.
Farm Products Commission
15.
Finance
16.
Forest Protection Limited
17.
Health
18.
Horizon Health Network (Regional Health Authority)
19.
Justice
20.
Labour and Employment Board
21.
Natural Resources
22.
New Brunswick Arts Board
23.
New Brunswick Emergency Measures Organization
24.
New Brunswick Energy & Utilities Board
25.
New Brunswick Forest Products Commission
26.
New Brunswick Health Council
27.
New Brunswick Human Rights Commission
28.
New Brunswick Insurance Board
29.
New Brunswick Internal Services Agency
30.
New Brunswick Lotteries Commission
31.
New Brunswick Museum
32.
New Brunswick Police Commission
33.
New Brunswick Public Libraries
34.
Office of Human Resources
35.
Office of the Auditor General
36.
Office of the Commissioner of Official Languages
37.
Office of the Comptroller
38.
Office of the Consumer Advocate for Insurance
39.
Office of the Leader of the Opposition
40.
Office of the Lieutenant-Governor
41.
Office of the Premier
42.
Office of the Public Trustee
43.
Ombudsman
44.
Population Growth Secretariat
45.
Post-Secondary Education, Training and Labour
46.
Premier's Council on the Status of Disabled Persons
47.
Public Safety
48.
Vitalité (Regional Health Authority)
49.
Senior and Healthy Aging Secretariat
50.
Social Development
51.
Government Services
52.
Tourism, Heritage and Culture
53.
Transportation
54.
Village Historique Acadien
55.
Workplace Health, Safety and Compensation Commission
4.2
Uddannelsesråd på distriktsplan
1.
Alle uddannelsesråd på distriktsplan
4.3
Universiteter
1.
Mount Allison University
2.
St. Thomas' University
3.
Université de Moncton
4.
The University of New Brunswick
4.4
Community Colleges (Højere læreanstalter)
1.
Collège communautaire du Nouveau-Brunswick (CCNB)
2.
New Brunswick Community College (NBCC)
4.5
Regionale kommissioner vedrørende fast affald
1.
Commission de gestion déchets de Kent
2.
Commission de gestion des déchets solides de la Péninsule acadienne
3.
Commission des Déchets Solides / Nepisiguit-Chaleur Solid Waste Commission
4.
Fredericton Region Solid Waste Commission
5.
Fundy Region Solid Waste Commission
6.
Kings County Region Solid Waste Commission
7.
La Commission de gestion enviro ressources du Nord-Ouest
8.
Northumberland Solid Waste Commission
9.
Restigouche Solid Waste Corporation
10.
Southwest Solid Waste Commission
11.
Valley Solid Waste Commission
12.
Westmorland-Albert Solid Waste Corporation
4.6
Spildevandskommissioner
1.
Fredericton Area Pollution Control Commission
2.
Greater Moncton Sewerage Commission
4.7
Kommuner og kommunale organisationer (omfatter ikke kommunale enheder inden for energi)
1.
City of Bathurst
2.
City of Campbellton
3.
City of Dieppe
4.
City of Edmundston
5.
City of Fredericton
6.
City of Miramichi
7.
City of Moncton
8.
City of Saint John
5.
NEWFOUNDLAND OG LABRADOR
5.1
Dette bilag omfatter alle:
1.
departementer, styrelser, kommissioner
2.
kommuner og kommunale organisationer og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
5.2
Dette bilag omfatter ikke den lovgivende forsamling.
6.
NORTHWEST TERRITORIES
6.1
Dette bilag omfatter alle:
1.
ministerier, organer
2.
kommuner og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
6.2
Dette bilag omfatter ikke den lovgivende forsamling.
7.
NOVA SCOTIA
7.1
Dette bilag omfatter alle ordregivere inden for den offentlige sektor, jf. definitionen i 
Public Procurement Act
, S.N.S. 2011, c. 12, undtagen:
1.
enhver oplistet mellemstatslig eller privatiseret statslig enhed, hvis provinsen hverken ejer eller kontrollerer en majoritet deraf
2.
enhver enhed, der er nævnt eller beskrevet i bilag 19-3, afdeling A, enten som en medtagelse eller en udelukkelse
3.
Emergency Health Services (en afdeling af sundhedsministeriet) for så vidt angår udbud vedrørende ambulancer til sundhedsrelaterede udrykningstjenester
4.
Sydney Tar Ponds Agency
5.
Nova Scotia Lands Inc. og
6.
Harbourside Commercial Park.
8.
NUNAVUT
8.1
Dette bilag omfatter alle:
1.
ministerier, organer
2.
kommuner og kommunale organisationer og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
8.2
Dette bilag omfatter ikke den lovgivende forsamling.
9.
ONTARIO
9.1
Dette bilag omfatter alle:
1.
ministerier på provinsniveau og klassificerede organer, dog ikke energistyrelser, organer af kommerciel eller industriel karakter og Ontario Infrastructure and Lands Corporation
2.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere og
3.
kommuner, dog ikke kommunale tjenesteenheder inden for energi
9.2
Dette bilag omfatter ikke kontorene for den lovgivende forsamling.
10.
PRINCE EDWARD ISLAND
10.1
Dette bilag omfatter alle:
1.
departementer, ministerier
2.
kommuner og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
11.
QUÉBEC
11.1
Dette bilag omfatter alle:
1.
departementer, statslige organer og
2.
halvoffentlige organisationer.
»
Statslige organer«
: organer, der er fastlagt i henhold til afdeling 4, stk. 1, nr. 2-4, i 
Act Respecting Contracting by Public Bodies
, C.Q.L.R. c. C-65.1, herunder Agence du revenu du Québec, og personerne i stk. 2 i denne afdeling, med undtagelse af de organisationer og personer, der er omhandlet i afdeling 5 i denne lov.
»
Halvoffentlige organisationer
«
: de kommuner, kommunale organisationer og organer, der er fastsat i afdeling 4, stk. 1, nr. 5 og 6, i 
Act Respecting Contracting by Public Bodies
, herunder de juridiske personer eller andre enheder, der ejes eller kontrolleres af en eller flere halvoffentlige organisationer.
12.
SASKATCHEWAN
12.1
Dette bilag omfatter alle:
1.
ministerier, organer, Treasury Board Crown corporations (statslige foretagende i Canada under Commonwealth-systemet, herefter benævnt »crown corporations«), styrelser, kommissioner;
2.
kommuner og
3.
skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere
13.
YUKON
13.1
Dette bilag indeholder:
Departementer
1.
Department of Community Services
2.
Department of Economic Development
3.
Department of Education
4.
Department of Energy, Mine and Resources
5.
Department of Environment
6.
Department of Finance
7.
Department of Health and Social Services
8.
Department of Highways and Public Works
9.
Department of Justice
10.
Department of Tourism and Culture
11.
Executive Council Office
12.
Public Service Commission
13.
Women's Directorate
14.
French Language Services Directorate
Organer
1.
Yukon Worker's Compensation Health & Safety Board
BILAG 19-3
Andre ordregivere
Afdeling A
Medmindre andet er angivet, omfatter dette kapitel udbud gennemført af ordregivere, som er opført i afdeling A i dette bilag, i henhold til følgende tærskelværdier:
Tærskelværdi:
Varer
355 000  SDR
Tjenesteydelser
355 000  SDR
Tjenesteydelser inden for bygge- og anlægsvirksomhed
5 000 000  SDR
Når der foretages udbud i forbindelse med aktiviteter, der er opført i afdeling B, finder de tærskler, der er fastsat i nævnte afdeling, anvendelse.
Fortegnelse over ordregivere
1.
FØDERALE ORDREGIVERE
1.1
Dette bilag omfatter alle crown corporations, jf. del X i 
Financial Administration Act
 (FAA) R.S.C. 1985, c. F-11, som er ansvarlige over for det canadiske parlament i henhold til afdeling 88 i FAA.
2.
ALBERTA
2.1
Dette bilag omfatter alle:
1.
Crown corporations, offentligt ejede kommercielle virksomheder og andre ordregivere, der ejes af delstatsregeringen i Alberta gennem ejerandele og
2.
virksomheder eller ordregivere, der ejes eller kontrolleres af en myndighed på regionalt eller lokalt plan, på distriktsplan eller anden form for kommunal myndighed, der er omfattet af bilag 19-2.
3.
BRITISH COLUMBIA
3.1
Dette bilag omfatter alle:
1.
Crown corporations, offentligt ejede virksomheder og andre ordregivere, der ejes af delstatsregeringen i British Columbia gennem ejerandele og
2.
virksomheder eller ordregivere, der ejes eller kontrolleres af en eller flere kommunale myndigheder.
4.
MANITOBA
4.1
Dette bilag omfatter alle crown corporations på provinsniveau, undtagen:
1.
Manitoba Public Insurance Corporation
2.
Venture Manitoba Tours Limited
5.
NEW BRUNSWICK
5.1
Dette bilag omfatter følgende crown corporations:
1.
Kings Landing Corporation
2.
New Brunswick Credit Union Deposit Insurance Corporation
3.
New Brunswick Highway Corporation
4.
New Brunswick Housing Corporation
5.
New Brunswick Investment Management Corporation
6.
New Brunswick Liquor Corporation
7.
New Brunswick Municipal Finance Corporation
8.
New Brunswick Research and Productivity Council
9.
Opportunities New Brunswick
10.
Financial and Consumer Services Commission
11.
Regional Development Corporation
12.
Service New Brunswick
6.
NEWFOUNDLAND OG LABRADOR
6.1
Dette bilag omfatter alle crown corporations på provinsniveau, undtagen:
1.
Nalcor Energy og alle dens eksisterende og fremtidige datterselskaber og søsterselskaber, undtagen Newfoundland and Labrador Hydro.
2.
Research & Development Corporation of Newfoundland and Labrador og ethvert datterselskab heraf.
7.
NORTHWEST TERRITORIES
7.1
Dette bilag omfatter alle crown corporations på territorialt niveau.
8.
NOVA SCOTIA
8.1
Dette bilag omfatter enhver enhed, der er udpeget som statslig virksomhed i henhold til 
Finance Act
, S.N.S. 2010, c. 2, og 
Public Procurement Act
, med undtagelse af enhver oplistet mellemstatslig eller privatiseret statslig enhed, i henhold til 
Provincial Finance Act
, hvis provinsen hverken ejer eller kontrollerer en majoritet deraf.
9.
NUNAVUT
9.1
Dette bilag omfatter alle crown corporations på territorialt niveau.
10.
ONTARIO
10.1
Dette bilag omfatter alle offentligt ejede ordregivere af kommerciel eller industriel karakter på provins- eller kommunalt niveau.
10.2
Dette bilag omfatter ikke ordregivere inden for energi undtagen Hydro One and Ontario Power Generation.
11.
PRINCE EDWARD ISLAND
11.1
Dette bilag omfatter alle crown corporations på provinsniveau, undtagen: Innovation PEI
12.
QUÉBEC
12.1
Dette bilag omfatter statslige virksomheder og juridiske personer eller andre ordregivere, der ejes eller kontrolleres af en eller flere af disse virksomheder, som ikke konkurrerer med den private sektor.
12.2
»
Statslig virksomhed
«: et organ, der er fastsat i afdeling 7 i loven 
Act Respecting Contracting by Public Bodies
.
13.
SASKATCHEWAN
13.1
Dette bilag omfatter alle crown corporations på provinsniveau, virksomheder, der er ejet eller kontrolleret af en eller flere kommunale myndigheder og Saskatchewan Liquor and Gaming Authority.
14.
YUKON
Dette bilag omfatter alle statslige virksomheder i henhold til 
Corporate Governance Act
, R.S.Y. 2002, c. 45, undtagen:
a)
Yukon Development Corporation
Bemærkninger til Canada's afdeling A i bilag 19-3
1.
Dette bilag omfatter ikke udbud i forbindelse med interventionsaktiviteter foretaget af Canada Deposit Insurance Corporation eller dets datterselskaber eller udbud gennemført af ethvert datterselskab, der er blevet oprettet i forbindelse med sådanne interventionsaktiviteter.
2.
Dette bilag omfatter ikke udbud gennemført af Canada Lands Company Limited og dets datterselskaber til udvikling af fast ejendom til kommercielt salg eller videresalg.
3.
Ontario Power Generation forbeholder sig ret til at foretrække udbud, der medfører fordele for provinsen, såsom at begunstige lokale underleverandører i forbindelse med udbud vedrørende opførelsen eller vedligeholdelsen of nukleare anlæg eller dermed forbundne tjenesteydelser. Et udvælgelseskriterium, der medfører fordele for provinsen ved vurderingen af udbuddene, må ikke overstige 20 procent af de samlede point.
4.
Dette kapitel omfatter ikke udbud i forbindelse med produktion, transmission og distribution af vedvarende energi, ud over vandkraft, foretaget af provinsen Ontario, jf. 
Green Energy Act
, S.O. 2009, c. 12, Sch. A.
Afdeling B
Følgende tærskelværdier gælder for de udbud, der gennemføres af ordregivere nævnt i bilag 19-1, 19-2 og bilag 19-3, afdeling A, og hvis hovedaktivitet er en af de nedennævnte eller en kombination heraf:
1.
levering af lufthavns- eller andre terminalfaciliteter til luftfartsselskaber
2.
levering eller drift af net til betjening af offentligheden inden for transport med jernbane, automatiske systemer, sporvogn, trolleybus, bus eller kabel.
3.
levering af søhavne eller havne ved indre vandveje eller andre terminalfaciliteter for transportvirksomheder, der opererer til vands
4.
levering eller drift af faste net til betjening af offentligheden i forbindelse med produktion, transport eller distribution af drikkevand, behandling af spildevand eller forsyning af disse net med drikkevand
5.
levering eller drift af faste net til betjening af offentligheden i forbindelse med produktion, transport eller distribution af elektricitet eller forsyning af disse net med elektricitet eller
6.
levering eller drift af faste net til betjening af offentligheden i forbindelse med produktion, transport eller distribution af gas eller varme eller forsyning af disse net med gas eller varme.
Tærskelværdi:
Varer
400 000  SDR
Tjenesteydelser
400 000  SDR
Tjenesteydelser inden for bygge- og anlægsvirksomhed
5 000 000  SDR
Bemærkninger til Canada's afdeling B i bilag 19-3
1.
Dette kapitel omfatter ikke udbud gennemført af ordregivere i forbindelse med aktiviteter, der er anført i ovenstående afdeling B, når de udsættes for konkurrence på det pågældende marked.
2.
Dette kapitel omfatter ikke udbud gennemført af ordregivere i forbindelse med aktiviteter, der er anført i afdeling B:
a)
til indkøb af vand, energi eller brændstoffer til produktion af energi
b)
til udøvelse af sådan virksomhed uden for Canada eller
c)
til videresalg eller udlejning til tredjemand, forudsat at ordregiveren ikke besidder særlige eller eksklusive rettigheder til at sælge eller udleje genstanden for sådanne kontrakter, og at det står andre ordregivere frit for at sælge eller udleje den på de samme betingelser som ordregiveren.
3.
Dette kapitel omfatter ikke udbud gennemført af ordregivere med henblik på udnyttelse af et geografisk område til efterforskning efter eller udvinding af olie, gas, kul eller andet fast brændsel.
BILAG 19-4
Varer
1.
Medmindre andet er angivet, omfatter dette kapitel alle varer.
2.
Med forbehold af anvendelsen af artikel 19. 3.1 for så vidt angår udbud gennemført af Department of National Defence, Royal Canadian Mounted Police, Department of Fisheries and Oceans for the Canadian Coast Guard, Canadian Air Transport Security Authority og politi på provinsniveau og kommunalt niveau omfatter dette kapitel kun de varer, der er anført i the Federal Supply Classifications (FSC), som er opført nedenfor:
FSC
22.
Jernbanemateriel
FSC
23.
Motorkøretøjer, påhængskøretøjer og cykler (undtagen busser i 2310, og undtagen militære lastvogne og påhængsvogne i 2320 og 2330 og bæltedrevne kamp- eller angrebskøretøjer og taktiske køretøjer i 2350 samt hjuldrevne kamp- eller angrebskøretøjer og taktiske køretøjer i 2355 tidligere klassificeret i 2320)
FSC
24.
Traktorer
FSC
25.
Udstyrsdele til køretøjer
FSC
26.
Dæk og slanger
FSC
29.
Motortilbehør
FSC
30.
Udstyr til mekanisk transmission
FSC
32.
Maskiner og udstyr til bearbejdning af træ
FSC
34.
Maskiner til bearbejdning af metal
FSC
35.
Udstyr til brug for service- og handelsvirksomhed
FSC
36.
Særlige industrimaskiner
FSC
37.
Landbrugsmaskiner og -udstyr
FSC
38.
Udstyr til byggeri og anlæg, minedrift, udgravning og vedligeholdelse af motorveje
FSC
39.
Udstyr til materialehåndtering
FSC
40.
Reb, tovværk, kæder og fittings
FSC
41.
Køle- og luftkonditioneringsudstyr
FSC
42.
Brandsluknings-, rednings- og sikkerhedsudstyr (undtagen 4220: Livredder- og dykkerudstyr og 4230: Udstyr til dekontaminering og imprægnering)
FSC
43.
Pumper og kompressorer
FSC
44.
Ovne, dampanlæg, tørringsudstyr og atomreaktorer
FSC
45.
Vand-, varme- og sanitetsudstyr
FSC
46.
Udstyr til rensning af vand og spildevandsbehandling
FSC
47.
Rør, slanger og fittings
FSC
48.
Ventiler
FSC
49.
Udstyr til vedligeholdelse og reparation
FSC
52.
Måleinstrumenter
FSC
53.
Isenkram og slibemidler
FSC
54.
Præfabrikerede elementer og stilladser
FSC
55.
Tømmer, savvarer, finér og krydsfinér
FSC
56.
Bygge- og konstruktionsmaterialer
FSC
61.
Elektriske ledninger og energi- og distributionsudstyr
FSC
62.
Belysningsarmaturer og lamper
FSC
63.
Alarm- og signalsystemer (undtagen 6350: sikkerhedssystemer i forbindelse med sikkerhedsscreening)
FSC
65.
Udstyr og artikler til læger, tandlæger og dyrlæger
FSC
66.
Instrumenter og laboratorieudstyr (undtagen 6615: Autopiloter og luftbårne gyro-komponenter 6635: Afprøvning og inspektion af fysiske egenskaber i forbindelse med sikkerhedsscreening og 6665: Instrumenter og apparater til påvisning af fare)
FSC
67.
Fotografisk udstyr
FSC
68.
Kemikalier og kemiske produkter
FSC
69.
Undervisningshjælpemidler og -udstyr
FSC
70.
Udstyr til automatisk databehandling til almindelig brug, udstyr til software, forsyninger og support (undtagen 7010: Konfigurationer til automatisk databehandlingsudstyr (ADPE))
FSC
71.
Møbler
FSC
72.
Udstyr og apparater til husholdningsbrug og kommercielle formål
FSC
73.
Udstyr til madlavning og servering
FSC
74.
Kontormaskiner, tekstbehandlingssystemer og udstyr til synlig registrering
FSC
75.
Kontorartikler og -udstyr
FSC
76.
Bøger, kort og andre udgivelser (undtagen 7650: Tegninger og specifikationer)
FSC
77.
Musikinstrumenter, pladespillere og radioer
FSC
78.
Fritids- og sportsudstyr
FSC
79.
Rengøringsudstyr og -artikler
FSC
80.
Pensler, maling, lak og klæbemidler
FSC
81.
Beholdere, emballage- og pakningsudstyr
FSC
85.
Toiletartikler
FSC
87.
Landbrugsartikler
FSC
88.
Levende dyr
FSC
91.
Brændstof, smøremidler, olie og voks
FSC
93.
Ikke-metalliske bearbejdede materialer
FSC
94.
Ikke-metalliske råmaterialer
FSC
96.
Malm, mineraler og råstoffer deraf
FSC
99.
Andre varer
Bemærkninger til Canadas bilag 19-4
1.
For provinserne Ontario og Québec gælder denne bemærkning for udbud vedrørende køretøjer til kollektiv transport. Ved et kollektivt køretøj forstås sporvogn, bus, trolleybus, undergrundstog, togvogn eller lokomotiv til undergrunds- eller jernbanesystem til offentlig transport.
a)
Ordregivere i provinserne Ontario og Québec kan ved indkøb af køretøjer til kollektiv transport i overensstemmelse med betingelserne i dette kapitel, kræve, at den valgte bydende indgår kontrakter på op til 25 procent af kontraktværdien i Canada.
b)
Enhver nedsættelse af en sådan procentdel af kontraktværdien, som er besluttet af den canadiske regering eller provinsen Ontario eller provinsen Québec, som følge af en international aftale eller en national lovgivning, nationale bestemmelser eller national politik, vil erstatte ovennævnte procentsats på 25 procent på permanent basis i dette kapitel for denne provins og for denne kategori af køretøjer til kollektiv transport, for hvilken en sådan ny sats gælder. Ved anvendelsen af disse bemærkninger må provinserne Ontario og Québec ikke behandle bydende fra Den Europæiske Union mindre gunstigt end bydende fra Canada eller andre tredjelande.
c)
Udtrykket »værdi« henviser til de støtteberettigede omkostninger i forbindelse med udbud vedrørende køretøjer til kollektiv transport og deres komponenter, delkomponenter og råvarer, der er produceret i Canada, herunder lønomkostninger eller andre tilknyttede tjenesteydelser, som f.eks. tjenesteydelser efter salg og ved vedligeholdelse, som fastlagt i buddet. Det omfatter også alle omkostninger i forbindelse med den endelige montage af køretøjet til kollektiv transport i Canada. Det vil være op til den bydende at fastslå, hvilken del af kontraktværdien, der vil blive opfyldt gennem anvendelsen af værdier anskaffet i Canada. Provinsen Québec kan dog kræve, at endelig montage foregår i Canada.
d)
Endelig montage:
i)
Den endelige montage af en bus omfatter:
A)
montering og tilslutning af motor, transmission, aksler, herunder bremsesystemet.
B)
montering og tilslutning af varme- og klimaanlæg
C)
installation af elektriske systemer og dørsystemer
D)
montering af passagersæder og greb
E)
montering af retningsskilt
F)
montering af kørestolsrampe og
G)
endelig inspektion, afprøvninger på vej og forberedelse til levering.
ii)
Den endelige montage af et tog omfatter:
A)
montering og tilslutning af varme- og klimaanlæg
B)
montering og tilslutning af bogierammer, ophæng, aksler og differentiale
C)
montering og tilslutning af fremdrivningsmotor, betjeningssystem til fremdrift og hjælpemotor
D)
montering og tilslutning af betjeningsanordning til bremser, bremseudstyr og trykluftbremsesystemer
E)
montering og tilslutning af kommunikationssystemer, informationssystemer til installering i køretøjerne og systemer til elektronisk overvågning og
F)
inspektion og kontrol af alt monterings-, installations- og tilslutningsarbejde og afprøvning fra fast udgangspunkt for at kontrollere alle funktioner.
e)
De støtteberettigede udgifter skal give en rimelig fleksibilitet, for at en valgt tilbudsgiver kan anskaffe kontraktværdien på konkurrencedygtige vilkår hos canadiske leverandører, herunder også pris og kvalitet. Kontrakterne må ikke opdeles med henblik på at begrænse den bydendes valg af støtteberettigede omkostninger.
f)
Ordregiverne skal klart og objektivt gøre opmærksom på, at der findes sådanne vilkår både i udbudsbekendtgørelser og udbudsmateriale.
g)
Anvendelsen af dette stykke tages op til fornyet overvejelse fem år efter denne aftales ikrafttræden.
h)
Anvendelsen af dette stykke vil blive taget op igen med henblik på at mindske dets uoverensstemmelse med bestemmelserne i dette kapitel, såfremt Amerikas Forenede Stater på permanent basis sænker sine restriktioner med hensyn til lokalt indhold for køretøjer i transit (rullende materiel) til under 25 procent for lokale og statslige ordregivende myndigheder.
2.
For provinsen Prince Edward Island omfatter dette bilag ikke udbud af byggematerialer, der anvendes til bygning og vedligeholdelse af motorvejene.
3.
For provinsen Québec omfatter dette bilag ikke udbud af følgende varer fra Hydro-Québec (identificeret i overensstemmelse med HS): HS 7308.20; HS 8406; HS 8410; HS 8426; HS 8504; HS 8535; HS 8536; HS 8537; HS 8544; HS 8705.10; HS 8705.20; HS 8705.90; HS 8707; HS 8708; HS 8716.39; eller HS 8716.40.
4.
For provinsen Manitoba omfatter dette bilag ikke udbud af følgende varer fra Manitoba Hydro Electric Board:
a)
Tekstiler — brandhæmmende beklædning og andre beklædningsgenstande
b)
Præfabrikerede bygninger
c)
Broer og brosektioner, tårne og gittermaster af jern eller stål
d)
Dampturbiner, hydrauliske turbiner og vandhjul, gasturbiner, undtagen turboreaktorer og propelturbiner
e)
Elektriske transformatorer, statiske omformere og induktionsspoler
f)
Elektriske fordelings- eller kontrolapparater
g)
Dele til elektriske fordelings- og kontrolapparater
h)
Koaksialkabler og andre koaksiale elektriske ledere
i)
Andre elektriske ledere, til spænding over 1 000 volt
j)
Indgange
k)
Træmaster og tværliggere eller
l)
Generatorer.
BILAG 19-5
Tjenesteydelser
1.
Medmindre andet er angivet, omfatter dette kapitel de tjenesteydelser, der er angivet i stk. 2 og 3. Genstanden for tjenesteydelser inden for bygge- og anlægsvirksomhed er behandlet i bilag 19-6. De tjenesteydelser, der er anført i nærværende bilag og bilag 19-6, er identificeret i overensstemmelse med CPC.
2.
Nærværende bilag omfatter udbud af følgende tjenesteydelser gennemført af centrale ordregivere, der er omfattet af bilag 19-1 og bilag 19-3, afdeling A:
861
Juridisk bistand (udelukkende rådgivning om udenlandsk og international lovgivning)
862
Regnskabstjeneste, revision og bogføring
3.
Nærværende bilag omfatter udbud af følgende tjenesteydelser gennemført af ordregivere, der er omfattet af bilag 19-1 og 19-2 og bilag 19-3, afdeling A:
CPC-referencenummer
Beskrivelse
633
Reparation af varer til personlig brug eller husholdningsbrug
7512
Kommercielle kurertjenester (herunder multimodale)
7523
Elektronisk dataudveksling (EDI)
7523
Elektronisk post
7523
Avancerede faxtjenester eller faxtjenester, der tilføres en merværdi, herunder lagring og videresendelse, lagring og søgning
—
Kode- og protokolkonversion
7523
Onlineinformation og databasesøgning
7523
Voicemail
822
Tjenesteydelser i forbindelse med fast ejendom på honorar- eller kontraktbasis
841
Rådgivningsvirksomhed vedrørende installation af computerhardware
842
Tjenesteydelser vedrørende implementering af software, herunder rådgivning i relation til systemer og software, analyse, design, programmering og vedligeholdelse
843
Databehandling, herunder behandling, opstilling i tabelform og administration af faciliteter
843
Onlineinformation og/eller databehandling (inklusive transaktionsbehandling)
844
Databasetjenester
845
Vedligeholdelse og reparation af kontormaskiner og -udstyr, herunder computere
849
Andre computertjenester
86501
Almindelig virksomhedsrådgivning
86503
Virksomhedsrådgivning inden for markedsføring
86504
Virksomhedsrådgivning inden for personalespørgsmål
86505
Virksomhedsrådgivning inden for produktion
866
Tjenesteydelser i relation til virksomhedsrådgivning (undtagen 86602 voldgift og mægling)
8671
Arkitekttjenester
8672
Ingeniørtjenester
8673
Integrerede ingeniørtjenester (undtagen 86731 integrerede ingeniørtjenester i forbindelse med nøglefærdige projekter inden for transportinfrastruktur)
8674
Byplanlægnings- og landskabsarkitekturtjenester
8676
Teknisk afprøvning og analyse, herunder kvalitetskontrol og inspektion (undtagen med hensyn til FSC 58 og transportudstyr)
874
Tjenesteydelser i forbindelse med rengøring i bygninger
8861 til 8864 og 8866
Reparation af jern- og metalvarer, maskiner og udstyr
94
Kloakvæsen og renovationsvæsen, renholdning og lignende tjenesteydelser
Bemærkninger til Canadas bilag 19-5:
1.
Dette kapitel omfatter ikke udbud i forbindelse med følgende:
a)
alle tjenesteydelser, med henvisning til de varer, der er anskaffet af Department of National Defence, Royal Canadian Mounted Police, Department of Fisheries and Oceans for the Canadian Coast Guard, Canadian Air Transport Security Authority og af politiet på provinsniveau og på kommunalt niveau, som ikke er omfattet af bilag 19-4, og
b)
tjenesteydelser til støtte for militærstyrker, der er udstationeret internationalt.
2.
Dette kapitel omfatter ikke pengepolitiske instrumenter, vekselkurser, statsgæld, forvaltning af reserver eller andre politikker, der indebærer handel med værdipapirer eller andre finansielle instrumenter, herunder især ordregivernes transaktioner med henblik på at anskaffe penge eller kapital. Følgelig omfatter dette kapitel ikke kontrakter vedrørende emission, køb, salg eller overførsel af værdipapirer eller andre finansielle instrumenter. Centralbankernes tjenesteydelser er ligeledes udelukket.
3.
For ordregivere, der er omfattet af bilag 19-2, vil tærskelværdierne være på 355 000 SDR, når en virksomhed gennem udbud køber rådgivning i forbindelse med spørgsmål af fortrolig karakter, hvis videregivelse med rimelighed kunne forventes at kompromittere statslige oplysninger af fortrolige karakter, skabe økonomiske forstyrrelser eller på lignende måde være i strid med offentlige interesser.
4.
For provinsen Québec omfatter dette bilag ikke udbud fra en nonprofitorganisation i forbindelse med byplanlægning, herunder den deraf følgende udarbejdelse af planer og specifikationer, og forvaltning af anlægsarbejder, forudsat at nonprofitorganisationen i sit udbud overholder ordregiverens forpligtelser i henhold til dette kapitel.
5.
For provinsen Québec omfatter dette bilag ikke udbud af følgende tjenesteydelser fra Hydro-Québec (identificeret i overensstemmelse med CPC):
84 — Computertjenesteydelser og hermed beslægtede tjenesteydelser
86724 — Tjenesteydelser i relation til ingeniørmæssig projektering af bygge- og anlægsarbejde
86729 — Andre ingeniørtjenester.
6.
For provinsen Manitoba omfatter dette bilag ikke udbud af tjenesteydelser fra Manitoba Hydro Electric Board.
BILAG 19-6
Tjenesteydelser inden for bygge- og anlægsvirksomhed
1.
Medmindre andet er angivet, omfatter dette kapitel alle tjenesteydelser inden for bygge- og anlægsvirksomhed, der er angivet i hovedgruppe 51 i CPC.
2.
Kontrakter om tjenesteydelser inden for bygge- og anlægsvirksomhed, der tildeles af ordregivere nævnt i bilag 19-1 og 19-2 og i bilag 19-3, afdeling A, som indebærer som fuldstændigt eller delvist vederlag, at leverandøren af en tjenesteydelse inden for bygge- og anlægsvirksomhed i en bestemt periode får midlertidigt ejerskab eller ret til at kontrollere og drive det bygge- eller anlægsarbejde, der følger af en sådan kontrakt, og kræve betaling for anvendelsen af sådant arbejde i hele kontraktens løbetid, er kun omfattet af følgende bestemmelser: artikel 19.1, 19.2, 19.4, 19.5, 19.6 (bortset fra nr. 3, litra e) og l)), artikel 19.15 (bortset fra stk. 3 og 4) og artikel 19.17.
3.
Dette kapitel omfatter ikke kontrakter vedrørende tjenesteydelser inden for bygge- og anlægsvirksomhed, jf. stk. 2, der tildeles af ordregivere, når de udfører aktiviteter, der er opført i bilag 19-3, afdeling B.
Bemærkninger til Canadas bilag 19-6
1.
For centrale offentlige ordregivere i bilag 19-1 omfatter dette bilag opmudringstjenesteydelser i tilknytning til kontrakter om tjenesteydelser inden for bygge- og anlægsvirksomhed, forudsat at følgende krav er opfyldt:
a)
det fartøj eller andet flydende udstyr, der anvendes til levering af opmudringstjenesteydelser:
i)
skal være et canadisk mærke eller et EU-mærke eller være fremstillet i Canada eller EU eller
ii)
skal i overvejende grad være blevet ændret i Canada eller i Den Europæiske Union og have været ejet af en person med hjemsted i Canada eller i Den Europæiske Union i mindst et år forud for den bydendes indgivelse af buddet, og
b)
skibet skal være registreret i:
i)
Canada eller
ii)
en medlemsstat i Den Europæiske Union og have fået en midlertidig licens i henhold til 
Coasting Trade Act
, S.C. 1992, c. 31. Den midlertidige licens vil blive udstedt til Den Europæiske Unions fartøjer, under forbehold af gældende krav, der ikke er baseret på et skøn 
(
1
)
. Kravet om, at en midlertidig licens kun udstedes, hvis der ikke er canadiske skibe til rådighed (med eller uden betalt afgift), vil ikke blive anvendt i forbindelse med ansøgningen om den midlertidige licens.
2.
Provinsen Québec forbeholder sig retten til at indføre eller opretholde enhver foranstaltning, der favoriserer lokal outsourcing i forbindelse med kontrakter om tjenesteydelser inden for bygge- og anlægsvirksomhed, der udbydes af Hydro-Québec. Det præciseres, at sådanne tiltag under ingen omstændigheder vil være en betingelse for leverandørers deltagelse eller kvalifikation.
3.
For provinsen Manitoba omfatter dette bilag ikke udbud af tjenesteydelser inden for bygge- og anlægsvirksomhed fra Manitoba Hydro Electric Board.
(
1
)
  Det præciseres, at loven 
Coasting Trade Act
 ikke indeholder nationalitetskrav til besætningsmedlemmer.
BILAG 19-7
Generelle bemærkninger
1.
Dette kapitel omfatter ikke udbud:
a)
for så vidt angår skibsbygning og reparation, herunder relaterede arkitekt- og ingeniørtjenesteydelser for centrale ordregivere i bilag 19-1 og bilag 19-3, afdeling A og for ikke-statslige enheder i British Columbia, Manitoba, Newfoundland og Labrador, New Brunswick, Nova Scotia, Prince Edward Island og Québec, der er omfattet af bilag 19-2 og bilag 19-3, afdeling A
b)
for så vidt angår landbrugsvarer som led i landbrugsstøtteprogrammer eller folkeernæringsprogrammer
c)
vedrørende transporttjenesteydelser, der udgør en del af eller er knyttet til en udbudsaftale
d)
vedrørende en international grænseovergang mellem Canada og et andet land, herunder udformning, opførelse, drift eller vedligeholdelse af grænseovergangen samt enhver tilknyttet infrastruktur
e)
mellem datterselskaber eller søsterselskaber i samme enhed eller mellem et selskab og et hvilket som helst af dets datterselskaber eller søsterselskaber, eller mellem et selskab og et almindeligt, begrænset eller særligt partnerskab, hvor selskabet har majoritetsandele eller kontrollerende andele og
f)
af varer indkøbt til repræsentation eller markedsføringsformål eller af tjenesteydelser eller tjenesteydelser inden for bygge- og anlægsvirksomhed indkøbt til repræsentation eller markedsføringsformål uden for provinsen for så vidt angår provinserne Alberta, British Columbia, Newfoundland og Labrador, Nova Scotia, Prince Edward Island, Québec og Saskatchewan
g)
af tjenesteydelseskontrakter, bortset fra kontrakter om tjenesteydelser inden for bygge- og anlægsvirksomhed, som giver en leverandør retten til at yde og udnytte en tjenesteydelse til offentligheden, som fuldstændigt eller delvist vederlag for levering af en tjenesteydelse under en udsbudskontrakt
h)
i forbindelse med radio- og TV-selskabers anskaffelse, udvikling, produktion eller koproduktion af programmateriale samt kontrakter om sendetid
i)
fra ordregivere i Québec vedrørende kunstværker fra lokale kunstnere eller udbud fra en kommune, en akademisk institution eller en skolebestyrelse fra andre provinser og territorier for så vidt angår kulturindustrien. Med henblik på dette stykke omfatter kunstværker særlige kunstværker, der skal integreres i en offentlig bygning eller en lokalitet
j)
fra ordregivere, som er omfattet af bilag 19-1 og 19-2 og bilag 19-3, afdeling A i forbindelse med aktiviteter inden for sektorerne for drikkevand, energi, transport og postvæsen, medmindre sådanne kontrakter er omfattet af bilag 19-3, afdeling B
k)
der er underlagt Northwest Territories Business Incentive Policy, og
l)
der er underlagt Nunavummi Nangminiqaqtunik Ikajuuti Policy (NNI Policy).
2.
Dette kapitel gælder ikke for:
a)
foranstaltninger, der er indført eller opretholdt med hensyn til oprindelige folk, eller tilsidesættelser for oprindelige befolkningers virksomheder; eksisterende rettigheder eller traktatmæssige rettigheder for Canadas oprindelige befolkninger, der er beskyttet ved afdeling 35 i 
Constitution Act
, 1982, berøres ikke af dette kapitel og
b)
foranstaltninger, der er indført eller opretholdt af Québec med hensyn til kulturindustrien.
3.
Det præciseres, at dette kapitel skal fortolkes i overensstemmelse med følgende:
a)
udbud for så vidt angår Canada er defineret som kontraktmæssige transaktioner med henblik på at erhverve varer eller tjenesteydelser til direkte gavn for eller anvendelse af staten. Udbudsproceduren er den proces, som begynder, efter at en ordregiver har lagt sig fast på sine krav, og den fortsætter til og med tildelingen af en kontrakt
b)
når en kontrakt, der skal tildeles af en ordregiver, ikke er omfattet af dette kapitel, fortolkes Canadas bilag til landets markedsadgangsliste ikke således, at de omfatter komponenter af varer eller tjenesteydelser i denne kontrakt
c)
enhver form for udelukkelse, der er knyttet enten specifikt eller generelt til centrale eller ikke-statslige ordregivere eller virksomheder, som er omfattet af bilag 19-1 eller 19-2 eller bilag 19-3, afdeling A, finder også anvendelse på enhver efterfølgende ordregiver (eller ordregivere), virksomhed (eller virksomheder) for at opretholde værdien af dækningen af Canadas bilag til dets markedsadgangsliste for dette kapitel
d)
tjenesteydelser, der er dækket af dette kapitel, er omfattet af Canadas udelukkelser fra og forbehold med hensyn til kapitel otte (investeringer), ni (grænseoverskridende handel med tjenesteydelser) og tretten (finansielle tjenesteydelser)
e)
dette kapitel omfatter ikke udbud gennemført af en ordregiver på vegne af en anden ordregiver, hvis udbuddet ikke ville være omfattet af dette kapitel, såfremt den anden ordregiver selv havde gennemført det, og
f)
dette kapitel omfatter ikke udbud fra en ordregiver, der stammer fra en statslig ordregiver.
4.
Regional økonomisk udvikling
a)
provinserne og territorierne Manitoba, Newfoundland og Labrador, New Brunswick, Nova Scotia, Northwest Territories, Nunavut, Prince Edward Island eller Yukon kan fravige dette kapitel for at fremme den regionale økonomiske udvikling, uden at der ydes uberettiget støtte til monopolistiske aktiviteter.
b)
alle udbud, der er omfattet af fravigelsesordningen i denne bemærkning, skal:
i)
være af en samlet værdi, der er anslået til 1 mio. CAD eller derunder, og
ii)
støtte små virksomheder eller beskæftigelsesmuligheder i ikke-bymæssige områder.
c)
hvis udbuddet opfylder kravet i litra b), nr. ii), men dets samlede værdi overstiger 1 mio. CAD, må værdien af den del af kontrakten, der ville blive berørt af fravigelsen, ikke overstige 1 mio. CAD
d)
hver provins eller hvert territorium, der er opført under litra a), må ikke være genstand for en fravigelse i henhold til denne bestemmelse mere end ti gange om året
e)
et udbud kan ikke omfattes af en fravigelse i henhold til denne bestemmelse, hvis det finansieres af forbundsregeringen.
f)
et udbud, der er omfattet af en fravigelsesordning i henhold til denne bemærkning, meddeles senest 30 dage forud for indgåelsen af en udbudsaftale ledsaget af:
i)
oplysninger om de omstændigheder, der berettiger til en fravigelse i henhold til denne bemærkning
ii)
oplysninger om det område, hvor udbuddet forventes at give regionale økonomiske fordele, og navnet på leverandøren, hvis det foreligger og
iii)
en redegørelse for, om udbuddet stemmer overens med kravene i denne bemærkning.
BILAG 19-8
Medier, der anvendes til offentliggørelse
Afdeling A:
Elektroniske medier eller papirmedier, som anvendes til offentliggørelse af love, forskrifter, retsafgørelser, administrative afgørelser, standardkontraktbestemmelser og procedurer vedrørende offentlige udbud, der er omfattet af dette kapitel, i overensstemmelse med artikel 19, stk. 5:
1.
CANADA
1.1   Offentlige myndigheder og crown corporations:
1.
Love og administrative bestemmelser:
a)
Statutes of Canada:
http://laws.justice.gc.ca/
b)
Canada Gazette:
http://www.gazette.gc.ca
2.
Retsafgørelser:
a)
Supreme Court Judgments:
http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/2013/nav_date.do
b)
Federal Court Reports:
http://reports.fja-cmf.gc.ca/eng/index.html
c)
Federal Court of Appeal:
http://www.fca-caf.gc.ca
d)
Canadian International Trade Tribunal:
http://www.citt-tcce.gc.ca
3.
Administrative afgørelser og procedurer:
a)
Government Electronic Tendering System (GETS):
https://buyandsell.gc.ca/
b)
Canada Gazette:
http://www.gazette.gc.ca
c)
Contracting Policy:
http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=14494&section=text
2.
PROVINSER OG TERRITORIER
2.1   Alberta
1.
Love og administrative bestemmelser:
a)
Alberta Acts, Regulations and Codes:
http://www.qp.alberta.ca/Laws_Online.cfm
b)
Alberta Gazette:
http://www.qp.alberta.ca/Alberta_Gazette.cfm
2.
Retsafgørelser:
a)
Alberta Justice — Alberta Courts:
http://www.albertacourts.ab.ca/index.php?p=169
3.
Administrative afgørelser:
a)
http://www.canlii.org/en/ab/
2.2   British Columbia
1.
Love og administrative bestemmelser:
a)
http://www.bclaws.ca/
2.
Retsafgørelser:
a)
http://www.courts.gov.bc.ca/index.aspx
3.
Administrative afgørelser og procedurer:
a)
http://www.courts.gov.bc.ca/index.aspx
2.3   Manitoba
1.
Love og administrative bestemmelser:
a)
Manitoba Gazette:
http://web2.gov.mb.ca/laws/index.php
2.
Retsafgørelser:
a)
http://www.manitobacourts.mb.ca/
3.
Administrative afgørelser og procedurer:
a)
http://www.gov.mb.ca/tenders
4.
Kommuner og kommunale organisationer
a)
City of Winnipeg:
http://www.winnipeg.ca/matmgt/info.stm
b)
City of Brandon:
https://purchasing.brandon.ca/
c)
City of Thompson:
http://www.thompson.ca/index.aspx?page=96
d)
City of Steinbach:
http://www.steinbach.ca/home
e)
City of Portage La Prairie:
http://www.city.portage-la-prairie.mb.ca
5.
Offentligt finansierede ordregivere inden for den akademiske verden, sundhedssektoren og sociale tjenesteydelser:
a)
Red River College:
http://www.rrc.ca/
b)
Regional Health Authorities of Manitoba:
http://www.rham.mb.ca/rhampp.html
c)
University of Brandon:
https://www.brandonu.ca/finance/faculty-staff-resources/purchasing-department/;
og https://www.brandonu.ca/vp-finance/files/Purchasing-Manual-revised-October-2012.pdf
d)
University College of the North:
https://www.ucn.ca/defaulted.aspx
e)
University of Manitoba:
http://www.umanitoba.ca/admin/governance/governing_documents/financial/392.html
f)
University of Winnipeg:
http://www.uwinnipeg.ca/index/cms-filesystem-action/pdfs/admin/policies/purchasing%20procedures%2004-01-13.pdf
g)
Winnipeg Regional Health Authority:
http://www.wrha.mb.ca/about/busopp/contracting.php
6.
Skolebestyrelser:
a)
Beautiful Plains:
http://www.beautifulplainssd.ca/
b)
Border Land:
http://www.blsd.ca/Board/boardpolicies/Pages/default.aspx
c)
Division scolaire franco-manitobaine:
https://www.dsfm.mb.ca/SiteWeb2010/documents/La%20CSFM/Directives%202012/ADM%20-%20administration/ADM%2019%20Appel%20d_offres.pdf
d)
Evergreen:
http://www.esd.ca/Parents-and-Community/Documents/Administration%20Manual/5%20-%20Business%20Administration/5.130%20Purchasing%20Procedure.pdf
e)
Flin Flon:
http://www.ffsd.mb.ca/division/policies
f)
Fort La Bosse:
http://www.flbsd.mb.ca/division-info/policies#sectiond
g)
Frontier:
http://www.frontiersd.mb.ca/governance/policy/SitePages/Section%20D%20-%20Business%20Administration.aspx; og
http://www.frontiersd.mb.ca/governance/policy/Documents/Section%20D%20-%20Business%20Administration/D.3.B%20Tenders%20(Policy%20and%20Regulation).pdf
h)
Garden Valley:
http://www.gvsd.ca/images/PDF/Policies/POLICY_MANUAL_1.pdf
i)
Hanover:
http://hsd.ca/board/division-policies/
j)
Interlake:
http://www.isd21.mb.ca/
k)
Kelsey:
http://www.ksd.mb.ca
l)
Lakeshore:
http://www.lakeshoresd.mb.ca/regulations-and-procedures
m)
Lord Selkirk:
http://www.lssd.ca/division/policy_documents/pdfs/B-16%20Purchasing.pdf
n)
Louis Riel:
https://www.lrsd.net/leadership/administrative-guidelines/
o)
Manitoba Institute of Trade and Technology (tidligere Winnipeg Tech. College):
www.mitt.ca
p)
Mountain View:
http://www.mvsd.ca/governance.cfm?subpage=435
q)
Mystery Lake:
http://www.mysterynet.mb.ca/documents/general/5.130-purchasing-procedure.pdf
r)
Park West:
http://www.pwsd.ca/Policies/Section%205/Section%205.html
s)
Pembina Trails:
http://www.pembinatrails.ca/board_administration/open_tenders.html
t)
Pine Creek:
http://www.pinecreeksd.mb.ca/section-d-fiscal-management.html
u)
Portage la Prairie:
http://www.plpsd.mb.ca/board-and-governance/policies/d
v)
Prairie Rose:
http://www.prsdmb.ca/policies-d/
w)
Prairie Spirit:
https://sites.google.com/a/prspirit.org/prairie-spirit-5/division/policy-manual
x)
Public Schools Finance Board:
http://www.edu.gov.mb.ca/k12/finance/
y)
Red River Valley:
http://rrvsd.ca/wp-content/uploads/2015/09/DJB-Purchasing-Procedures.pdf
z)
River East Transcona:
http://www.retsd.mb.ca/yourretsd/Policies/Documents/DJB.pdf
aa)
Rolling River:
http://www.rrsd.mb.ca/governance/PolicyManual/Pages/default.aspx
bb)
Seine River:
http://www.srsd.mb.ca/PolMan/DJ_REG.pdf
cc)
Seven Oaks:
http://www.7oaks.org/News/Pages/Tenders.aspx
dd)
Southwest Horizon:
http://www.shmb.ca/images/stories/Administrative-Manual/Section2/purchasing%20procedures.pdf
ee)
St. James-Assiniboia:
http://polmanual.sjsd.net/?p=Section D—Fiscal Management/
ff)
Sunrise:
http://www.sunrisesd.ca/OperationalDepartments/Pages/default.aspx
gg)
Swan Valley:
http://www.svsd.ca/svsd/policiesnum.htm
hh)
Turtle Mountain:
http://www.tmsd.mb.ca/procedures/D/D-10.pdf
ii)
Turtle River:
http://trsd32.mb.ca/TRSD/PDF's/TRSDPolicies/Administration.pdf
jj)
Western:
http://www.westernsd.mb.ca/index.php?option=com_phocadownload&view=category&id=61:section-d-fiscal-management&Itemid=73#
kk)
Whiteshell:
http://www.sdwhiteshell.mb.ca/
ll)
Winnipeg:
https://www.winnipegsd.ca/Pages/Bids-and-Tenders.aspx
7.
Crown corporations:
a)
Manitoba Hydro:
https://www.hydro.mb.ca/selling_to_mh/selling_index.shtml?WT.mc_id=2030
b)
Manitoba Liquor and Lotteries:
http://www.mbll.ca/
2.4   New Brunswick
1.
Love og administrative bestemmelser:
a)
New Brunswick Acts and Regulations:
http://www2.gnb.ca/content/gnb/en/departments/attorney_general/acts_regulations.html
b)
The Royal Gazette:
http://www2.gnb.ca/content/gnb/en/departments/attorney_general/royal_gazette/content/
2.
Retsafgørelser:
a)
The New Brunswick Reports:
http://www.mlb.nb.ca/html/canadian-case-law-search.php; 
og
https://www.canlii.org/en/nb/
b)
Dominion Law Reports:
http://www.carswell.com/product-detail/dominion-law-reports-4th-series/
c)
Supreme Court Reports:
http://www.scc-csc.gc.ca/
d)
National Reporter:
http://www.mlb.nb.ca/site/catalog/nr.htm
3.
Administrative afgørelser og procedurer:
a)
New Brunswick Opportunities Network:
http://www.gnb.ca/tenders
b)
Réseau de possibilités d'affaires du Nouveau-Brunswick:
http://www.gnb.ca/soumissions
2.5   Newfoundland og Labrador
1.
Love og administrative bestemmelser:
a)
http://www.gpa.gov.nl.ca
2.
Retsafgørelser:
a)
http://www.gpa.gov.nl.ca
3.
Administrative afgørelser og procedurer:
a)
http://www.gpa.gov.nl.ca
2.6   Northwest Territories
1.
Love og administrative bestemmelser:
a)
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.
Retsafgørelser:
a)
http://www.contractregistry.nt.ca/Public/PublicHome.asp
3.
Administrative afgørelser og procedurer:
a)
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.7   Nova Scotia
1.
Love og administrative bestemmelser:
a)
Office of the Legislative Counsel:
http://nslegislature.ca
b)
The Registry of Regulations:
http://www.gov.ns.ca/just/regulations/
2.
Retsafgørelser:
a)
The Courts of Nova Scotia:
http://www.courts.ns.ca/
3.
Administrative afgørelser og procedurer:
a)
http://www.novascotia.ca/tenders/
2.8   Nunavut
1.
Love og administrative bestemmelser:
a)
http://www.justice.gov.nu.ca/apps/authoring/dspPage.aspx?page=STATUTES+AND+REGULATIONS+PAGE
2.
Retsafgørelser:
a)
http://www.canlii.org/en/nu/
3.
Administrative afgørelser og procedurer:
a)
NNI Contracting Appeals Board Annual Report:
http://nni.gov.nu.ca/documents
b)
GN Policies and Procedures on procurement practices findes på adressen:
http://www.gov.nu.ca/sites/default/files/files/Procurement%20Procedures.pdf
2.9   Ontario
1.
Love og administrative bestemmelser:
a)
Statutes and Regulations of Ontario:
http://www.ontario.ca/laws
b)
The Ontario Gazette:
http://www.ontario.ca/ontario-gazette
2.
Retsafgørelser:
a)
http://www.ontariocourts.ca/decisions_index/en/
3.
Administrative afgørelser og procedurer:
a)
http://www.doingbusiness.mgs.gov.on.ca/
4.
Skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere, kommuner og alle offentligt ejede ordregivere af kommerciel eller industriel karakter på provins- eller kommunalt niveau:
a)
http://www.marcan.net/en/on/index.php
5.
Hydro One:
http://www.hydroone.com/DoingBusiness/Pages/default.aspx
6.
Ontario Power Generation:
http://www.opg.com/working-with-opg/suppliers/supply-chain/Pages/Become%20a%20Supplier.aspx
2.10   Prince Edward Island
1.
Love og administrative bestemmelser:
a)
http://www.gov.pe.ca/law/regulations/index.php3
b)
The Royal Gazette of Prince Edward Island
2.
Retsafgørelser:
a)
http://www.gov.pe.ca/courts/supreme/index.php3?number=1000150&lang=E
3.
Administrative afgørelser og procedurer:
a)
http://www.gov.pe.ca/finance/index.php3?number=1041973
2.11   Québec
1.
Love og administrative bestemmelser:
a)
Publications du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/loisreglements.fr.html
b)
Gazette officielle du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/gazetteofficielle.en.html
2.
Retsafgørelser:
a)
Annuaire de jurisprudence et de doctrine du Québec
b)
Jurisprudence Express (J.E.)
c)
Jugements.qc.ca:
http://www.jugements.qc.ca/
3.
Administrative afgørelser og procedurer:
a)
Publications du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/loisreglements.fr.html
b)
Gazette officielle du Québec:
http://www3.publicationsduquebec.gouv.qc.ca/gazetteofficielle.fr.html
c)
Site internet du Secrétariat du Conseil du trésor:
http://www.tresor.gouv.qc.ca/fr/faire-affaire-avec-letat/les-marches-publics/
2.12   Saskatchewan
1.
Love og administrative bestemmelser:
a)
Queen's Printer:
http://www.publications.gov.sk.ca
2.
Retsafgørelser:
a)
Queen's Bench:
http://www.sasklawcourts.ca
3.
Administrative afgørelser og procedurer:
a)
SaskTenders:
www.sasktenders.ca
2.13   Yukon
1.
Love og administrative bestemmelser:
a)
http://www.gov.yk.ca/legislation/index.html
2.
Retsafgørelser:
a)
http://www.yukoncourts.ca/
3.
Administrative afgørelser og procedurer:
a)
http://www.hpw.gov.yk.ca/selling/bidchallenge.html
Afdeling B:
Elektroniske medier eller papirmedier, som i henhold til artikel 19.5 anvendes til offentliggørelse af de bekendtgørelser, der kræves i medfør af artikel 19.6, 19.8.7 og 19.15.2
1.
CANADA
1.1   Offentlige myndigheder og crown corporations:
1.
Government Electronic Tendering System (GETS):
https://buyandsell.gc.ca/procurement-data/tenders
2.
MERX, Cebra Inc.:
http://www.merx.ca
2.
PROVINSER OG TERRITORIER
2.1   Alberta
1.
Alberta Purchasing Connection:
http://www.purchasingconnection.ca
2.2   British Columbia
1.
BC Bid:
http://www.bcbid.gov.bc.ca
2.3   Manitoba
1.
På provinsniveau:
a)
http://www.gov.mb.ca/tenders
2.
Kommuner og kommunale organisationer
a)
City of Winnipeg:
http://www.winnipeg.ca/matmgt/bidopp.asp
b)
City of Brandon:
http://brandon.ca/purchasing-a-tenders
c)
City of Steinbach:
http://www.steinbach.ca/city_services/tender_opportunities/
d)
City of Portage La Prairie:
http://www.city-plap.com/main/category/opportunities/; og
http://www.rfp.ca/organization/City-of-Portage-la-Prairie
e)
City of Thompson:
http://www.thompson.ca/index.aspx?page=229
3.
Offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere:
a)
University of Manitoba:
http://umanitoba.ca/admin/financial_services/purch/bid_opportunities.html; og
https://www.biddingo.com/
b)
University of Winnipeg:
https://www.merx.com/
c)
University of Brandon:
http://www.rfp.ca/organization/Brandon-University
d)
Red River College:
www.merx.com
e)
University College of the North:
www.merx.com
f)
Winnipeg Regional Health Authority:
http://www.wrha.mb.ca/about/busopp/bids.php
g)
Regional Health Authorities of Manitoba:
www.healthprocanada.com; og www.biddingo.com
4.
Skolebestyrelser:
a)
Beautiful Plains:
http://www.beautifulplainssd.ca/
b)
Border Land:
http://www.blsd.ca/About/tenders/Pages/default.aspx
c)
Brandon:
https://www.bsd.ca/Division/tenders/Pages/default.aspx
d)
Division scolaire franco-manitobaine:
www.MERX.com
e)
Evergreen:
http://www.esd.ca/Programs/Pages/Maintenance-and-Transportation.aspx
f)
Flin Flon:
http://www.ffsd.mb.ca
g)
Fort La Bosse:
http://www.flbsd.mb.ca/
h)
Frontier:
http://www.frontiersd.mb.ca/resources/Pages/bidopportunities.aspx
i)
Garden Valley:
http://www.gvsd.ca
j)
Hanover:
www.merx.com
k)
Interlake:
http://www.isd21.mb.ca/request_for_proposals.html
l)
Kelsey:
http://www.ksd.mb.ca
m)
Lord Selkirk:
http://www.lssd.ca/
n)
Lakeshore:
www.merx.com
o)
Louis Riel:
www.merx.com
p)
Mountain View:
http://www.mvsd.ca/index.cfm
q)
Mystery Lake:
http://www.mysterynet.mb.ca
r)
Park West:
http://www.pwsd.ca/home.html
s)
Pembina Trails:
http://www.pembinatrails.ca/board_administration/open_tenders.html
t)
Pine Creek:
http://www.pinecreeksd.mb.ca
u)
Portage la Prairie:
http://www.plpsd.mb.ca/
v)
Prairie Rose:
http://www.prsdmb.ca/
w)
Prairie Spirit:
https://sites.google.com/a/prspirit.org/prairie-spirit-5/employment/tenders-and-rfp
x)
Red River Valley:
http://rrvsd.ca/
y)
River East Transcona:
www.merx.com
z)
Rolling River:
http://www.rrsd.mb.ca/governance/PolicyManual/Pages/default.aspx
aa)
Seine River:
http://www.srsd.mb.ca/
bb)
Seven Oaks:
http://www.7oaks.org/News/Pages/Tenders.aspx; og www.merx.com
cc)
Southwest Horizon:
http://www.shmb.ca/
dd)
St. James-Assiniboia:
www.merx.com
ee)
Sunrise:
http://www.sunrisesd.ca/OperationalDepartments/Purchasing/Proposals%20and%20Tenders/Pages/default.aspx
ff)
Swan Valley:
http://www.svsd.ca/
gg)
Turtle Mountain:
http://www.tmsd.mb.ca
hh)
Turtle River:
http://trsd32.mb.ca
ii)
Western:
http://www.westernsd.mb.ca/
jj)
Whiteshell:
http://www.sdwhiteshell.mb.ca/
kk)
Winnipeg:
https://www.winnipegsd.ca/Pages/Bids-and-Tenders.aspx
ll)
Manitoba Institute of Trade and Technology (tidligere Winnipeg Tech. College):
www.mitt.ca
mm)
Public Schools Finance Board:
http://www.plansource.ca/Portals/61984/spr/wca.htm
5.
Crown corporations:
a)
Manitoba Hydro:
http://www.merx.com/English/Nonmember.asp?WCE=Show&TAB=3&PORTAL=MERX&State=1&hcode=ZnHb9N%2fychQhquB6o2pU2g%3d%3d
b)
Manitoba Liquor and Lotteries:
www.merx.com; og
www.winnipegconstruction.ca (kun byggeri og anlæg)
2.4   New Brunswick
1.
New Brunswick Opportunities Network:
https://nbon-rpanb.gnb.ca/welcome?language=En
2.
Réseau de possibilités d'affaires du Nouveau-Brunswick:
http://www.gnb.ca/soumissions
2.5   Newfoundland og Labrador
1.
Oplysninger på webstedet for Government Purchasing Agency:
http://www.gpa.gov.nl.ca/index.html
2.6   Northwest Territories
1.
Contract Registry:
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.7   Nova Scotia
1.
Procurement Services:
http://www.novascotia.ca/tenders/
2.8   Nunavut
1.
http://www.nunavuttenders.ca/
2.9   Ontario
1.
https://ontariotenders.bravosolution.com/esop/nac-host/public/web/login.html
2.
Skolebestyrelser og offentligt finansierede akademiske, sundhedsrelaterede og sociale tjenesteydere, kommuner og alle offentligt ejede ordregivere af kommerciel eller industriel karakter på provins- eller kommunalt niveau:
a)
http://www.marcan.net/en/on/index.php
3.
Hydro One:
http://www.hydroone.com/DoingBusiness/Pages/default.aspx
4.
Ontario Power Generation:
http://www.opg.com/working-with-opg/suppliers/supply-chain/Pages/Become%20a%20Supplier.aspx
2.10   Prince Edward Island
1.
http://www.gov.pe.ca/finance/index.php3?number=1041973
2.11   Québec
1.
Udbudsbekendtgørelser (artikel 19.6), anmodninger om kvalifikation, navne på leverandører, der er udvalgt i forbindelse med en levering eller en kontaktmæssig opgave, og oplysninger, der vedrører kontrakttildelinger (artikel 19.15.2) offentliggøres af det elektroniske udbudssystem (SEAO), som er godkendt af regeringen i Québec (http://www.seao.ca).
2.
I henhold til bestemmelserne kan der i Québec kun anvendes en multifunktionel liste i forbindelse med en procedure for at udpege en leverandør (artikel 19.8.7).
2.12   Saskatchewan
1.
SaskTenders:
www.sasktenders.ca
2.13   Yukon
1.
http://www.gov.yk.ca/tenders/tms.html
2.
http://www.hpw.gov.yk.ca/tenders/index.html
Afdeling C:
Websted eller adresser, hvor parterne offentliggør udbudsstatistikker i henhold til artikel 19.15.5 og bekendtgørelser om tildelte kontrakter i henhold til artikel 19.15.6
1.
CANADA
1.1   Offentlige myndigheder og crown corporations:
1.
Purchasing Activity Report:
http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/con_data/siglist-eng.asp
2.
Government Electronic Tendering System (GETS):
https://buyandsell.gc.ca/
2.
PROVINSER OG TERRITORIER
2.1   Alberta
1.
http://www.purchasingconnection.ca
2.2   British Columbia
1.
http://www.bcbid.gov.bc.ca
2.3   Manitoba
1.
http://www.gov.mb.ca/tenders
2.
http://www.merx.com
2.4   New Brunswick
1.
http://www.gnb.ca/tenders
2.
http://www.gnb.ca/soumissions
2.5   Newfoundland og Labrador
1.
http://www.gpa.gov.nl.ca
2.6   Northwest Territories
1.
http://www.contractregistry.nt.ca/Public/PublicHome.asp
2.7   Nova Scotia
1.
http://www.novascotia.ca/tenders/
2.8   Nunavut
1.
http://www.nunavuttenders.ca/
2.
http://www.gov.nu.ca/eia/programs-services/information-businesses
2.9   Ontario
1.
http://www.doingbusiness.mgs.gov.on.ca/
2.10   Prince Edward Island
1.
http://www.gov.pe.ca/finance/index.php3?number=1041973
2.11   Québec
1.
Statistiques sur les acquisitions gouvernementales:
http://www.tresor.gouv.qc.ca/faire-affaire-avec-letat/publications/statistiques-sur-les-acquisitions-gouvernementales/
2.
Avis concernant les marchés adjugés Système électronique d'appel d'offres approuvé par le gouvernement du Québec SEAO (http://www.seao.ca)
2.12   Saskatchewan
1.
www.sasktenders.ca
2.13   Yukon
1.
http://www.gov.yk.ca/tenders/tms.html
2.
http://www.hpw.gov.yk.ca/registry/
DEN EUROPÆISKE UNIONS MARKEDSADGANGSLISTE
BILAG 19-1
Centrale offentlige ordregivere, der indgår kontrakter i overensstemmelse med bestemmelserne i dette kapitel
Varer
Specificeret i bilag 19-4
Tærskelværdi
130 000  SDR
Tjenesteydelser
Specificeret i bilag 19-5
Tærskelværdi
130 000  SDR
Koncessioner om tjenesteydelser og arbejder inden for bygge- og anlægsvirksomhed
Specificeret i bilag 19-6
Tærskelværdi
5 000 000  SDR
Afdeling A: Ordregivere i Den Europæiske Union
1.
Rådet for Den Europæiske Union
2.
Europa-Kommissionen
3.
Tjenesten for EU's Optræden Udadtil (EU-Udenrigstjenesten)
Afdeling B: Centrale offentlige ordregivende myndigheder i Den Europæiske Unions medlemsstater
(Bemærkning: listen er udtømmende)
BELGIEN
1.
Services publics fédéraux:
1.
Federale Overheidsdiensten:
SPF Chancellerie du Premier Ministre
FOD Kanselarij van de Eerste Minister
SPF Personnel et Organisation
FOD Kanselarij Personeel en Organisatie
SPF Budget et Contrôle de la Gestion
FOD Budget en Beheerscontrole
SPF Technologie de l'Information et de la Communication (Fedict)
FOD Informatie- en Communicatietechnologie (Fedict)
SPF Affaires étrangères, Commerce extérieur et Coopération au Développement
FOD Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking
SPF Intérieur
FOD Binnenlandse Zaken
SPF Finances
FOD Financiën
SPF Mobilité et Transports
FOD Mobiliteit en Vervoer
SPF Emploi, Travail et Concertation sociale
FOD Werkgelegenheid, Arbeid en sociaal overleg
SPF Sécurité Sociale et Institutions publiques de Sécurité Sociale
FOD Sociale Zekerheid en Openbare Instellingen van sociale Zekerheid
SPF Santé publique, Sécurité de la Chaîne alimentaire et Environnement
FOD Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu
SPF Justice
FOD Justitie
SPF Economie, PME, Classes moyennes et Energie
FOD Economie, KMO, Middenstand en Energie
Ministère de la Défense
Ministerie van Landsverdediging
Service public de programmation Intégration sociale, Lutte contre la pauvreté Et Economie sociale
Programmatorische Overheidsdienst Maatschappelijke Integratie, Armoedsbestrijding en sociale Economie
Service public fédéral de Programmation Développement durable
Programmatorische federale Overheidsdienst Duurzame Ontwikkeling
Service public fédéral de Programmation Politique scientifique
Programmatorische federale Overheidsdienst Wetenschapsbeleid
2.
Régie des Bâtiments:
2.
Regie der Gebouwen:
Office national de Sécurité sociale
Rijksdienst voor sociale Zekerheid
Institut national d'Assurance sociales Pour travailleurs indépendants
Rijksinstituut voor de sociale Verzekeringen der Zelfstandigen
Institut national d'Assurance Maladie-Invalidité; Office national des Pensions
Rijksinstituut voor Ziekte- en Invaliditeitsverzekering; Rijksdienst voor Pensioenen
Caisse auxiliaire d'Assurance Maladie-Invalidité
Hulpkas voor Ziekte-en Invaliditeitsverzekering
Fond des Maladies professionnelles
Fonds voor Beroepsziekten
Office national de l'Emploi
Rijksdienst voor Arbeidsvoorziening
La Poste
 (
1
)
De Post
 (
1
)
BULGARIEN
1.
Администрация на Народното събрание (Nationalforsamlingens administrationskontor)
2.
Администрация на Президента (Præsidentens administrationskontor)
3.
Администрация на Министерския съвет (Administrationen for ministerrådet)
4.
Конституционен съд (Forfatningsdomstol)
5.
Българска народна банка (Bulgariens nationalbank)
6.
Министерство на външните работи (Udenrigsministeriet)
7.
Министерство на вътрешните работи (Indenrigsministeriet)
8.
Министерство на извънредните ситуации (Ministeriet for katastrofesituationer)
9.
Министерство на държавната администрация и административната реформа (Ministeriet for statsadministrationen og administrative reformer)
10.
Министерство на земеделието и храните (Ministeriet for landbrug og fødevarer)
11.
Министерство на здравеопазването (Sundhedsministeriet)
12.
Министерство на икономиката и енергетиката (Ministeriet for økonomi og energi)
13.
Министерство на културата (Kulturministeriet)
14.
Министерство на образованието и науката (Ministeriet for uddannelse og videnskab)
15.
Министерство на околната среда и водите (Ministeriet for miljø og vand)
16.
Министерство на отбраната (Forsvarsministeriet)
17.
Министерство на правосъдието (Justitsministeriet)
18.
Министерство на регионалното развитие и благоустройството (Ministeriet for regionaludvikling og offentlige arbejder)
19.
Министерство на транспорта (Transportministeriet)
20.
Министерство на труда и социалната политика (Ministeriet for arbejde og socialpolitik)
21.
Министерство на финансите (Finansministeriet)
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 (Statslige organer, statslige kommissioner, forvaltningsorganer og andre statslige myndigheder oprettet ved lov eller ministerrådsdekret og med en funktion, der vedrører udøvelsen af beføjelser)
23.
Агенция за ядрено регулиране (Nuklear tilsynsmyndighed)
24.
Държавна комисия за енергийно и водно регулиране (Tilsynskommissionen for energi og vand)
25.
Държавна комисия по сигурността на информацията (Statskommissionen for informationssamfundet)
26.
Комисия за защита на конкуренцията (Kommissionen for konkurrencebeskyttelse)
27.
Комисия за защита на личните данни (Kommissionen for beskyttelse af personoplysninger)
28.
Комисия за защита от дискриминация (Kommissionen for beskyttelse mod forskelsbehandling)
29.
Комисия за регулиране на съобщенията (Kommissionen for regulering af kommunikation)
30.
Комисия за финансов надзор (Finanstilsynet)
31.
Патентно ведомство на Република България (Det bulgarske patentkontor)
32.
Сметна палата на Република България (Det bulgarske nationale revisionskontor)
33.
Агенция за приватизация (Organ for privatisering)
34.
Агенция за следприватизационен контрол (Organ for kontrol efter privatisering)
35.
Български институт по метрология (Det bulgarske institut for metrologi)
36.
Държавна агенция »Архиви« (Det statslige kontor for arkiverne)
37.
Държавна агенция »Държавен резерв и военновременни запаси« (Det statslige kontor for statsreserver og krigsmateriel)
38.
Държавна агенция за бежанците (Det statslige kontor for flygtninge)
39.
Държавна агенция за българите в чужбина (Det statslige kontor for bulgarere i udlandet)
40.
Държавна агенция за закрила на детето (Det statslige kontor for beskyttelse af børn)
41.
Държавна агенция за информационни технологии и съобщения (Det statslige kontor for informationsteknologi og kommunikation)
42.
Държавна агенция за метрологичен и технически надзор (Det statslige kontor for metrologisk og teknisk overvågning)
43.
Държавна агенция за младежта и спорта (Det statslige kontor for ungdom og sport)
44.
Държавна агенция по туризма (Det statslige kontor for turisme)
45.
Държавна комисия по стоковите борси и тържища (Den statslige kommission for varebørser og markedspladser)
46.
Институт по публична администрация и европейска интеграция (Instituttet for offentlig forvaltning og europæisk integration)
47.
Национален статистически институт (Det nationale statistiske institut)
48.
Агенция »Митници« (Toldkontor)
49.
Агенция за държавна и финансова инспекция (Kontoret for offentlig finansinspektion)
50.
Агенция за държавни вземания (Kontoret for statens tilgodehavender)
51.
Агенция за социално подпомагане (Kontoret for social bistand)
52.
Държавна агенция »Национална сигурност« (Det statslige kontor for national sikkerhed)
53.
Агенция за хората с увреждания (Kontoret for personer med handicap)
54.
Агенция по вписванията (Det centrale register)
55.
Агенция по енергийна ефективност (Kontoret for energieffektivitet)
56.
Агенция по заетостта (Kontoret for beskæftigelse)
57.
Агенция по геодезия, картография и кадастър (Kontoret for geodæsi, kartografi og matrikler)
58.
Агенция по обществени поръчки (Kontoret for offentlige udbud)
59.
Българска агенция за инвестиции (Det bulgarske kontor for investeringer)
60.
Главна дирекция »Гражданска въздухоплавателна администрация« (Generaldirektoratet for civil luftfartsadministration)
61.
Дирекция за национален строителен контрол (Direktoratet for det nationale byggetilsyn)
62.
Държавна комисия по хазарта (Den statslige kommission for hasardspil)
63.
Изпълнителна агенция »Автомобилна администрация« (Forvaltningsorganet for »automobilforvaltning«)
64.
Изпълнителна агенция »Борба с градушките« (Forvaltningsorganet for »Forsvar mod hagl«)
65.
Изпълнителна агенция »Българска служба за акредитация« (Forvaltningsorganet for »Den bulgarske akkrediteringstjeneste«)
66.
Изпълнителна агенция »Главна инспекция по труда« (Forvaltningsorganet for »Det generelle arbejdsinspektorat«)
67.
Изпълнителна агенция »Железопътна администрация« (Forvaltningsorganet for »Jernbaneadministrationen«)
68.
Изпълнителна агенция »Морска администрация« (Forvaltningsorganet for »Søfartsadministrationen«)
69.
Изпълнителна агенция »Национален филмов център« (Forvaltningsorganet for »Den nationale filmcentral«)
70.
Изпълнителна агенция »Пристанищна администрация« (Forvaltningsorganet for »Havneadministrationen«)
71.
Изпълнителна агенция »Проучване и поддържане на река Дунав« (Forvaltningsorganet for »Udforskning og vedligeholdelse af Donau«)
72.
Фонд »Републиканска пътна инфраструктура« (Den nationale fond for infrastruktur)
73.
Изпълнителна агенция за икономически анализи и прогнози (Forvaltningsorganet for økonomisk analyse og fremskrivning)
74.
Изпълнителна агенция за насърчаване на малките и средни предприятия (Forvaltningsorganet for fremme af små og mellemstore virksomheder)
75.
Изпълнителна агенция по лекарствата (Forvaltningsorganet for lægemidler)
76.
Изпълнителна агенция по лозата и виното (Forvaltningsorganet for vin)
77.
Изпълнителна агенция по околна среда (Forvaltningsorganet for miljø)
78.
Изпълнителна агенция по почвените ресурси (Forvaltningsorganet for jordressourcer)
79.
Изпълнителна агенция по рибарство и аквакултури (Forvaltningsorganet for fiskeri og akvakultur)
80.
Изпълнителна агенция по селекция и репродукция в животновъдството (Forvaltningsorganet for udvælgelse og avl inden for husdyrhold)
81.
Изпълнителна агенция по сортоизпитване, апробация и семеконтрол (Forvaltningsorgan for plantesortstestning, markinspektion og frøkontrol)
82.
Изпълнителна агенция по трансплантация (Forvaltningsorganet for transplantation)
83.
Изпълнителна агенция по хидромелиорации (Forvaltningsorganet for vanding)
84.
Комисията за защита на потребителите (Kommissionen for forbrugerbeskyttelse)
85.
Контролно-техническата инспекция (Det kontroltekniske inspektorat)
86.
Национална агенция за приходите (Det nationale kontor for offentlige indtægter)
87.
Национална ветеринарномедицинска служба (Den nationale veterinærtjeneste)
88.
Национална служба за растителна защита (Den nationale plantebeskyttelsestjeneste)
89.
Национална служба по зърното и фуражите (Den nationale korn- og foderstoftjeneste)
90.
Държавна агенция по горите (Statens skovkontor)
91.
Висшата атестационна комисия (Kommissionen for højere certificering)
92.
Национална агенция за оценяване и акредитация (Kontoret for national evaluering og akkreditering)
93.
Националната агенция за професионално образование и обучение (Det nationale kontor for erhvervsuddannelse og uddannelse)
94.
Национална комисия за борба с трафика на хора (Den bulgarske statslige kommission for bekæmpelse af menneskehandel)
95.
Дирекция »Материално-техническо осигуряване и социално обслужване« на Министерство на вътрешните работи (Direktoratet for materiel og teknisk sikring af socialydelser under indenrigsministeriet)
96.
Дирекция »Оперативно издирване« на Министерство на вътрешните работи (Direktoratet for operativ efterforskning under indenrigsministeriet)
97.
Дирекция »Финансово-ресурсно осигуряване« на Министерство на вътрешните работи (Direktoratet for finansiel og resourcemæssig sikring under indenrigsministeriet)
98.
Изпълнителна агенция »Военни клубове и информация« (Forvaltningsorganet for militære klubber og oplysninger)
99.
Изпълнителна агенция »Държавна собственост на Министерството на отбраната« (Forvaltningsorganet for statens ejendom ved forsvarsministeriet)
100.
Изпълнителна агенция »Изпитвания и контролни измервания на въоръжение, техника и имущества« (Forvaltningsorganet for afprøvning og kontrolmålinger vedrørende våben, udstyr og ejendom)
101.
Изпълнителна агенция »Социални дейности на Министерството на отбраната« (Forvaltningsorganet for sociale aktiviteter ved forsvarsministeriet)
102.
Национален център за информация и документация (Det nationale center for information og dokumentation)
103.
Национален център по радиобиология и радиационна защита (Det nationale center for strålingsbiologi og strålingsbeskyttelse)
104.
Национална служба »Полиция« (Det nationale kontor for politiet)
105.
Национална служба »Пожарна безопасност и защита на населението« (Det nationale kontor for brandsikkerhed og beskyttelse af befolkningen)
106.
Национална служба за съвети в земеделието (Den nationale rådgivningstjeneste for landbruget)
107.
Служба »Военна информация« (Den militære informationstjeneste)
108.
Служба »Военна полиция« (militærpolitiet)
109.
Авиоотряд 28 (Airsquad 28)
TJEKKIET
1.
Ministerstvo dopravy (Transportministeriet)
2.
Ministerstvo financí (Finansministeriet)
3.
Ministerstvo kultury (Kulturministeriet)
4.
Ministerstvo obrany (Forsvarsministeriet)
5.
Ministerstvo pro místní rozvoj (Ministeriet for regional udvikling)
6.
Ministerstvo práce a sociálních věcí (Ministeriet for arbejde og sociale anliggender)
7.
Ministerstvo průmyslu a obchodu (Ministeriet for industri og handel)
8.
Ministerstvo spravedlnosti (Justitsministeriet)
9.
Ministerstvo školství, mládeže a tělovýchovy (Ministeriet for uddannelse, ungdom og sport)
10.
Ministerstvo vnitra (Indenrigsministeriet)
11.
Ministerstvo zahraničních věcí (Udenrigsministeriet)
12.
Ministerstvo zdravotnictví (Sundhedsministeriet)
13.
Ministerstvo zemědělství (Landbrugsministeriet)
14.
Ministerstvo životního prostředí (Miljøministeriet)
15.
Poslanecká sněmovna PČR (Det tjekkiske deputeretkammer)
16.
Senát PČR (Det tjekkiske senat)
17.
Kancelář prezidenta (Præsidentens kabinet)
18.
Český statistický úřad (Det tjekkiske statistiske kontor)
19.
Český úřad zeměměřičský a katastrální (Tjekkiets kort- og matrikelkontor)
20.
Úřad průmyslového vlastnictví (Kontoret for industriel ejendomsret)
21.
Úřad pro ochranu osobních údajů (Kontoret for beskyttelse af personoplysninger)
22.
Bezpečnostní informační služba (Sikkerhedsinformationstjeneste)
23.
Národní bezpečnostní úřad (Den nationale sikkerhedsmyndighed)
24.
Česká akademie věd (Det tjekkiske videnskabsakademi)
25.
Vězeňská služba (Fængselsvæsenet)
26.
Český báňský úřad (Den tjekkiske minedriftsmyndighed)
27.
Úřad pro ochranu hospodářské soutěže (Kontoret for konkurrencebeskyttelse)
28.
Správa státních hmotných rezerv (Administrationskontoret for statens råstofreserver)
29.
Státní úřad pro jadernou bezpečnost (Statens kontor for nuklear sikkerhed)
30.
Energetický regulační úřad (Energitilsynskontoret)
31.
Úřad vlády České republiky (Kontoret for den tjekkiske regering)
32.
Ústavní soud (Forfatningsdomstol)
33.
Nejvyšší soud (Højesteret)
34.
Nejvyšší správní soud (Øverste administrative domstol)
35.
Nejvyšší státní zastupitelství (Kontoret for den øverste offentlige anklager)
36.
Nejvyšší kontrolní úřad (Det øverste revisionskontor)
37.
Kancelář Veřejného ochránce práv (Ombudsmandens kontor)
38.
Grantová agentura České republiky (Det tjekkiske kreditorgan)
39.
Státní úřad inspekce práce (Statens arbejdstilsyn)
40.
Český telekomunikační úřad (Det tjekkiske telekommunikationskontor)
41.
Ředitelství silnic a dálnic ČR (ŘSD) (Det tjekkiske vejdirektorat).
DANMARK
1.
Folketinget — The Danish Parliament Rigsrevisionen — The National Audit Office
2.
Statsministeriet — The Prime Minister's Office
3.
Udenrigsministeriet — Ministry of Foreign Affairs
4.
Beskæftigelsesministeriet — Ministry of Employment
5 styrelser og institutioner — 5 agencies and institutions
5.
Domstolsstyrelsen — The Court Administration
6.
Finansministeriet — Ministry of Finance
5 styrelser og institutioner — 5 agencies and institutions
7.
Forsvarsministeriet — Ministry of Defence
5 styrelser og institutioner — 5 agencies and Institutions
8.
Ministeriet for Sundhed og Forebyggelse — Ministry of the Interior and Health
Adskillige styrelser og institutioner, herunder Statens Serum Institut — Several agencies and institutions, including Statens Serum Institut
9.
Justitsministeriet — Ministry of Justice
Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser — Commissioner of Police, 1 directorate and a number of agencies
10.
Kirkeministeriet — Ministry of Ecclesiastical Affairs
10 stiftsøvrigheder — 10 diocesan authorities
11.
Kulturministeriet — Ministry of Culture
4 styrelser samt et antal statsinstitutioner — A Department and a number of institutions
12.
Miljøministeriet — Ministry of the Environment
5 styrelser — 5 agencies
13.
Ministeriet for Flygtninge, Indvandrere og Integration — Ministry of Refugee, Immigration and Integration Affairs
1 styrelse — 1 agency
14.
Ministeriet for Fødevarer, Landbrug og Fiskeri — Ministry of Food, Agriculture and Fisheries
4 direktorater og institutioner — 4 directorates and institutions
15.
Ministeriet for Videnskab, Teknologi og Udvikling — Ministry of Science, Technology and Innovation
Adskillige styrelser og institutioner, Forskningscenter Risø og Statens uddannelsesbygninger — Several agencies and institutions, including Risoe National Laboratory and Danish National Research and Education Buildings
16.
Skatteministeriet — Ministry of Taxation
1 styrelse og flere institutioner — 1 agency and several institutions
17.
Velfærdsministeriet — Ministry of Welfare
3 styrelser og institutioner — 3 agencies and several institutions
18.
Transportministeriet — Ministry of Transport
7 styrelser og institutioner, herunder Øresundsbrokonsortiet — 7 agencies and institutions, including Øresundsbrokonsortiet
19.
Undervisningsministeriet — Ministry of Education
3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner — 3 agencies, 4 educational establishments, 5 other institutions
20.
Økonomi- og Erhvervsministeriet — Ministry of Economic and Business Affairs
Adskillige styrelser og institutioner — Several agencies and institutions
21.
Klima- og Energiministeriet — Ministry for Climate and Energy
3 styrelser og institutioner — 3 agencies and institutions
TYSKLAND
1.
Federal Foreign Office
Auswärtiges Amt
2.
Federal Chancellery
Bundeskanzleramt
3.
Federal Ministry of Labour and Social Affairs
Bundesministerium für Arbeit und Soziales
4.
Federal Ministry of Education and Research
Bundesministerium für Bildung und Forschung
5.
Federal Ministry for Food, Agriculture and Consumer Protection
Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz
6.
Federal Ministry of Finance
Bundesministerium der Finanzen
7.
Federal Ministry of the Interior (civil goods only)
Bundesministerium des Innern
8.
Federal Ministry of Health
Bundesministerium für Gesundheit
9.
Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Bundesministerium für Familie, Senioren, Frauen und Jugend
10.
Federal Ministry of Justice
Bundesministerium der Justiz
11.
Federal Ministry of Transport, Building and Urban Affairs
Bundesministerium für Verkehr, Bau und Stadtentwicklung
12.
Federal Ministry of Economic Affairs and Technology
Bundesministerium für Wirtschaft und Technologie
13.
Federal Ministry for Economic Cooperation and Development
Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung
14.
Federal Ministry of Defence
Bundesministerium der Verteidigung
15.
Federal Ministry of Environment, Nature Conservation and Reactor Safety
Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit
ESTLAND
1.
Vabariigi Presidendi Kantselei (Kabinettet for Republikken Estlands præsident)
2.
Eesti Vabariigi Riigikogu (Republikken Estlands Parliament)
3.
Eesti Vabariigi Riigikohus (Republikken Estlands Højesteret)
4.
Riigikontroll (Republikken Estlands Revionsmyndighed)
5.
Õiguskantsler (Justitskansler)
6.
Riigikantselei (Statsministeriet)
7.
Rahvusarhiiv (Estlands nationalarkiv)
8.
Haridus- ja Teadusministeerium (Ministeriet for Uddannelse og Forskning)
9.
Justiitsministeerium (Justitsministeriet)
10.
Kaitseministeerium (Forsvarsministeriet)
11.
Keskkonnaministeerium (Miljøministeriet)
12.
Kultuuriministeerium (Kulturministeriet)
13.
Majandus- ja Kommunikatsiooniministeerium (Ministeriet for økonomiske anliggender og kommunikation)
14.
Põllumajandusministeerium (Landbrugsministeriet)
15.
Rahandusministeerium (Finansministeriet)
16.
Siseministeerium (Indenrigsministeriet)
17.
Sotsiaalministeerium (Socialministeriet)
18.
Välisministeerium (Udenrigsministeriet)
19.
Keeleinspektsioon (Sproginspektoratet)
20.
Riigiprokuratuur (Anklagemyndigheden)
21.
Teabeamet (Informationsrådet)
22.
Maa-amet (Det estiske landinspektorat)
23.
Keskkonnainspektsioon (Miljøinspektoratet)
24.
Metsakaitse- ja Metsauuenduskeskus (Centret for skovbeskyttelse og skovbrug)
25.
Muinsuskaitseamet (Kulturarvsstyrelsen)
26.
Patendiamet (Patentkontoret)
27.
Tehnilise Järelevalve Amet (Den estiske tekniske tilsynsmyndighed)
28.
Tarbijakaitseamet (Forbrugerbeskyttelsesstyrelsen)
29.
Riigihangete Amet (Kontoret for offentlige udbud)
30.
Taimetoodangu Inspektsioon (Planteproduktionsinspektoratet)
31.
Põllumajanduse Registrite ja Informatsiooni Amet (Landbrugets register- og informationsstyrelse)
32.
Veterinaar- ja Toiduamet (Veterinær- og fødevarestyrelsen)
33.
Konkurentsiamet (Den estiske konkurrencemyndighed)
34.
Maksu –ja Tolliamet (Told- og skattestyrelsen)
35.
Statistikaamet (Estlands statistiske kontor)
36.
Kaitsepolitseiamet (Styrelsen for sikkerhedspolitiet)
37.
Kodakondsus- ja Migratsiooniamet (Statsborgerskabs- og migrationsstyrelsen)
38.
Piirivalveamet (Det nationale råd for grænsekontrol)
39.
Politseiamet (Det nationale rigspoliti)
40.
Eesti Kohtuekspertiisi ja Instituut (Centret for kriminalteknik)
41.
Keskkriminaalpolitsei (Det centrale kriminalpoliti)
42.
Päästeamet (Redningsstyrelsen)
43.
Andmekaitse Inspektsioon (Databeskyttelsesinspektoratet)
44.
Ravimiamet (Lægemiddelstyrelsen)
45.
Sotsiaalkindlustusamet (Socialsikringsstyrelsen)
46.
Tööturuamet (Arbejdsmarkedsstyrelsen)
47.
Tervishoiuamet (Sundhedsstyrelsen)
48.
Tervisekaitseinspektsioon (Sundhedsbeskyttelsesinspektoratet)
49.
Tööinspektsioon (Arbejdsinspektoratet)
50.
Lennuamet (Estlands civile luftfartsadministration)
51.
Maanteeamet (Estlands vejdirektorat)
52.
Veeteede Amet (Søfartsadministrationen)
53.
Julgestuspolitsei (Det centrale politi for retshåndhævelse)
54.
Kaitseressursside Amet (Styrelsen for forsvarsressourcer)
55.
Kaitseväe Logistikakeskus (Forsvarets logistikcenter)
GRÆKENLAND
1.
Υπουργείο Εσωτερικών (Indenrigsministeriet)
2.
Υπουργείο Εξωτερικών (Udenrigsministeriet)
3.
Υπουργείο Οικονομίας και Οικονομικών (Økonomi- og finansministeriet)
4.
Υπουργείο Ανάπτυξης (Udviklingsministeriet)
5.
Υπουργείο Δικαιοσύνης (Justitsministeriet)
6.
Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων (Undervisnings- og kulturministeriet)
7.
Υπουργείο Πολιτισμού (Kulturministeriet)
8.
Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης (Ministeriet for sundhed og social solidaritet)
9.
Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων (Ministeriet for miljø, fysisk planlægning og offentlige arbejder)
10.
Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας (Ministeriet for beskæftigelse og social beskyttelse)
11.
Υπουργείο Μεταφορών και Επικοινωνιών (Ministeriet for transport og kommunikation)
12.
Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων (Ministeriet for landudvikling og fødevarer)
13.
Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής (Ministeriet for politikken for handel, marine og Det Ægæiske Hav og øerne)
14.
Υπουργείο Μακεδονίας- Θράκης (Ministeriet for Makedonien og Thrakien)
15.
Γενική Γραμματεία Επικοινωνίας (Generalsekretariatet for kommunikation)
16.
Γενική Γραμματεία Ενημέρωσης (Generalsekretariatet for information)
17.
Γενική Γραμματεία Νέας Γενιάς (Generalsekretariatet for ungdom)
18.
Γενική Γραμματεία Ισότητας (Generalsekretariatet for ligestilling)
19.
Γενική Γραμματεία Κοινωνικών Ασφαλίσεων (Generalsekretariatet for socialsikring)
20.
Γενική Γραμματεία Απόδημου Ελληνισμού (Generalsekretariatet for grækere i udlandet)
21.
Γενική Γραμματεία Βιομηχανίας (Generalsekretariatet for industri)
22.
Γενική Γραμματεία Έρευνας και Τεχνολογίας (Generalsekretariatet for forskning og teknologi)
23.
Γενική Γραμματεία Αθλητισμού (Generalsekretariatet for sport)
24.
Γενική Γραμματεία Δημοσίων Έργων (Generalsekretariatet for offentlige arbejder)
25.
Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος (Det statistiske kontor)
26.
Εθνικό Συμβούλιο Κοινωνικής Φροντίδας (Det nationale velfærdsråd)
27.
Οργανισμός Εργατικής Κατοικίας (Arbejdstagernes boligorganisation)
28.
Εθνικό Τυπογραφείο (Statstrykkeriet)
29.
Γενικό Χημείο του Κράτους (Statsligt laboratorium)
30.
Ταμείο Εθνικής Οδοποιίας (Fonden for motorveje i Grækenland)
31.
Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών (Universitetet i Athen)
32.
Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης (Universitetet i Thessaloniki)
33.
Δημοκρίτειο Πανεπιστήμιο Θράκης (Universitetet i Thrakien)
34.
Πανεπιστήμιο Αιγαίου (Universitetet for Det Ægæiske Hav)
35.
Πανεπιστήμιο Ιωαννίνων (Universitetet i Ioannina)
36.
Πανεπιστήμιο Πατρών (Universitetet i Patras)
37.
Πανεπιστήμιο Μακεδονίας (Universitetet i Makedonien)
38.
Πολυτεχνείο Κρήτης (Polyteknisk læreanstalt på Kreta)
39.
Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων (Teknisk skole »Sivitanidios«)
40.
Αιγινήτειο Νοσοκομείο (Eginition-hospitalet)
41.
Αρεταίειο Νοσοκομείο (Areteio-hospitalet)
42.
Εθνικό Κέντρο Δημόσιας Διοίκησης (Det nationale center for offentlig forvaltning)
43.
Οργανισμός Διαχείρισης Δημοσίου Υλικού (Α.Ε. Organ for forvaltning af offentligt materiale)
44.
Οργανισμός Γεωργικών Ασφαλίσεων (Landmændenes forsikringsorganisation)
45.
Οργανισμός Σχολικών Κτιρίων (Organisationen for skolebygninger)
46.
Γενικό Επιτελείο Στρατού (Hærens generalstab)
47.
Γενικό Επιτελείο Ναυτικού (Flådens generalstab)
48.
Γενικό Επιτελείο Αεροπορίας (Luftvåbnets generalstab)
49.
Ελληνική Επιτροπή Ατομικής Ενέργειας (Den græske atomenergikommission)
50.
Γενική Γραμματεία Εκπαίδευσης Ενηλίκων (Generalsekretariatet for videregående uddannelse)
51.
Υπουργείο Εθνικής Άμυνας (Ministeriet for det nationale forsvar)
52.
Γενική Γραμματεία Εμπορίου (Generalsekretariatet for handel)
53.
Ελληνικά Ταχυδρομεία (Det græske postvæsen (EL. TA))
SPANIEN
Presidencia de Gobierno
Ministerio de Asuntos Exteriores y de Cooperación
Ministerio de Justicia
Ministerio de Defensa
Ministerio de Economía y Hacienda
Ministerio del Interior
Ministerio de Fomento
Ministerio de Educación y Ciencia
Ministerio de Industria, Turismo y Comercio
Ministerio de Trabajo y Asuntos Sociales
Ministerio de Agricultura, Pesca y Alimentación
Ministerio de la Presidencia
Ministerio de Administraciones Públicas
Ministerio de Cultura
Ministerio de Sanidad y Consumo
Ministerio de Medio Ambiente
Ministerio de Vivienda
FRANKRIG
1.   
Ministerier
Services du Premier ministre
Ministère chargé de la santé, de la jeunesse et des sports
Ministère chargé de l'intérieur, de l'outre-mer et des collectivités territoriales
Ministère chargé de la justice
Ministère chargé de la défense
Ministère chargé des affaires étrangères et européennes
Ministère chargé de l'éducation nationale
Ministère chargé de l'économie, des finances et de l'emploi
Secrétariat d'Etat aux transports
Secrétariat d'Etat aux entreprises et au commerce extérieur
Ministère chargé du travail, des relations sociales et de la solidarité
Ministère chargé de la culture et de la communication
Ministère chargé du budget, des comptes publics et de la fonction publique
Ministère chargé de l'agriculture et de la pêche
Ministère chargé de l'enseignement supérieur et de la recherche
Ministère chargé de l'écologie, du développement et de l'aménagement durables
Secrétariat d'Etat à la fonction publique
Ministère chargé du logement et de la ville
Secrétariat d'Etat à la coopération et à la francophonie
Secrétariat d'Etat à l'outre-mer
Secrétariat d'Etat à la jeunesse et aux sports et de la vie associative
Secrétariat d'Etat aux anciens combattants
Ministère chargé de l'immigration, de l'intégration, de l'identité nationale et du co-développement
Secrétariat d'Etat en charge de la prospective et de l'évaluation des politiques publiques
Secrétariat d'Etat aux affaires européennes
Secrétariat d'Etat aux affaires étrangères et aux droits de l'homme
Secrétariat d'Etat à la consommation et au tourisme
Secrétariat d'Etat à la politique de la ville
Secrétariat d'Etat à la solidarité
Secrétariat d'Etat en charge de l'emploi
Secrétariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services
Secrétariat d'Etat en charge du développement de la région-capitale
Secrétariat d'Etat en charge de l'aménagement du territoire
2.   
Offentlige nationale institutioner
Académie de France à Rome
Académie de marine
Académie des sciences d'outre-mer
Académie des technologies
Agence Centrale des Organismes de Sécurité Sociale (A.C.O.S.S.)
Agences de l'eau
Agence de biomédecine
Agence pour l'enseignement du français à l'étranger
Agence française de sécurité sanitaire des aliments
Agence française de sécurité sanitaire de l'environnement et du travail
Agence Nationale de l'Accueil des Etrangers et des migrations
Agence nationale pour l'amélioration des conditions de travail (ANACT)
Agence nationale pour l'amélioration de l'habitat (ANAH)
Agence Nationale pour la Cohésion Sociale et l'Egalité des Chances
Agence pour la garantie du droit des mineurs
Agence nationale pour l'indemnisation des français d'outre-mer (ANIFOM)
Assemblée permanente des chambres d'agriculture (APCA)
Bibliothèque nationale de France
Bibliothèque nationale et universitaire de Strasbourg
Caisse des Dépôts et Consignations
Caisse nationale des autoroutes (CNA)
Caisse nationale militaire de sécurité sociale (CNMSS)
Caisse de garantie du logement locatif social
Casa de Velasquez
Centre d'enseignement zootechnique
Centre d'études de l'emploi
Centre hospitalier national des Quinze-Vingts
Centre international d'études supérieures en sciences agronomiques (Montpellier Sup Agro)
Centre des liaisons européennes et internationales de sécurité sociale
Centre des Monuments Nationaux
Centre national d'art et de culture Georges Pompidou
Centre national des arts plastiques
Centre national de la cinématographie
Institut national supérieur de formation et de recherche pour l'éducation des jeunes handicapés et les enseignements adaptés
Centre National d'Etudes et d'expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF)
Ecole nationale supérieure de Sécurité Sociale
Centre national du livre
Centre national de documentation pédagogique
Centre national des œuvres universitaires et scolaires (CNOUS)
Centre national professionnel de la propriété forestière
Centre National de la Recherche Scientifique (C.N.R.S)
Centres d'éducation populaire et de sport (CREPS)
Centres régionaux des œuvres universitaires (CROUS)
Collège de France
Conservatoire de l'espace littoral et des rivages lacustres
Conservatoire National des Arts et Métiers
Conservatoire national supérieur de musique et de danse de Paris
Conservatoire national supérieur de musique et de danse de Lyon
Conservatoire national supérieur d'art dramatique
Ecole centrale de Lille
Ecole centrale de Lyon
École centrale des arts et manufactures
École française d'archéologie d'Athènes
École française d'Extrême-Orient
École française de Rome
École des hautes études en sciences sociales
Ecole du Louvre
École nationale d'administration
École nationale de l'aviation civile (ENAC)
École nationale des Chartes
École nationale d'équitation
Ecole Nationale du Génie de l'Eau et de l'environnement de Strasbourg
Écoles nationales d'ingénieurs
Ecole nationale d'ingénieurs des industries des techniques agricoles et alimentaires de Nantes
Écoles nationales d'ingénieurs des travaux agricoles
École nationale de la magistrature
Écoles nationales de la marine marchande
École nationale de la santé publique (ENSP)
École nationale de ski et d'alpinisme
École nationale supérieure des arts décoratifs
École nationale supérieure des arts et industries textiles Roubaix
Ecole nationale supérieure des arts et techniques du théâtre
Écoles nationales supérieures d'arts et métiers
École nationale supérieure des beaux-arts
École nationale supérieure de céramique industrielle
École nationale supérieure de l'électronique et de ses applications (ENSEA)
Ecole Nationale Supérieure des Sciences de l'information et des bibliothécaires
Écoles nationales vétérinaires
École nationale de voile
Écoles normales supérieures
École polytechnique
École de viticulture — Avize (Marne)
Etablissement national d'enseignement agronomique de Dijon
Établissement national des invalides de la marine (ENIM)
Établissement national de bienfaisance Koenigswarter
Fondation Carnegie
Fondation Singer-Polignac
Haras nationaux
Hôpital national de Saint-Maurice
Institut français d'archéologie orientale du Caire
Institut géographique national
Institut National des Appellations d'origine
Institut national des hautes études de sécurité
Institut de veille sanitaire
Institut National d'enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes
Institut National d'Etudes Démographiques (I.N.E.D)
Institut National d'Horticulture
Institut National de la jeunesse et de l'éducation populaire
Institut national des jeunes aveugles — Paris
Institut national des jeunes sourds — Bordeaux
Institut national des jeunes sourds — Chambéry
Institut national des jeunes sourds — Metz
Institut national des jeunes sourds — Paris
Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P)
Institut national de la propriété industrielle
Institut National de la Recherche Agronomique (I.N.R.A)
Institut National de la Recherche Pédagogique (I.N.R.P)
Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M)
Institut national d'histoire de l'art (I.N.H.A.)
Institut National des Sciences de l'Univers
Institut National des Sports et de l'Education Physique
Instituts nationaux polytechniques
Instituts nationaux des sciences appliquées
Institut national de recherche en informatique et en automatique (INRIA)
Institut national de recherche sur les transports et leur sécurité (INRETS)
Institut de Recherche pour le Développement
Instituts régionaux d'administration
Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech)
Institut supérieur de mécanique de Paris
Institut Universitaires de Formation des Maîtres
Musée de l'armée
Musée Gustave-Moreau
Musée du Louvre
Musée du Quai Branly
Musée national de la marine
Musée national J.-J.-Henner
Musée national de la Légion d'honneur
Musée de la Poste
Muséum National d'Histoire Naturelle
Musée Auguste-Rodin
Observatoire de Paris
Office français de protection des réfugiés et apatrides
Office National des Anciens Combattants et des Victimes de Guerre (ONAC)
Office national de la chasse et de la faune sauvage
Office National de l'eau et des milieux aquatiques
Office national d'information sur les enseignements et les professions (ONISEP)
Office universitaire et culturel français pour l'Algérie
Palais de la découverte
Parcs nationaux
Universités
3.   
Uafhængige institutioner, myndigheder og domstole
Présidence de la République
Assemblée Nationale
Sénat
Conseil constitutionnel
Conseil économique et social
Conseil supérieur de la magistrature
Agence française contre le dopage
Autorité de contrôle des assurances et des mutuelles
Autorité de contrôle des nuisances sonores aéroportuaires
Autorité de régulation des communications électroniques et des postes
Autorité de sûreté nucléaire
Comité national d'évaluation des établissements publics à caractère scientifique, culturel et professionnel
Commission d'accès aux documents administratifs
Commission consultative du secret de la défense nationale
Commission nationale des comptes de campagne et des financements politiques
Commission nationale de contrôle des interceptions de sécurité
Commission nationale de déontologie de la sécurité
Commission nationale du débat public
Commission nationale de l'informatique et des libertés
Commission des participations et des transferts
Commission de régulation de l'énergie
Commission de la sécurité des consommateurs
Commission des sondages
Commission de la transparence financière de la vie politique
Conseil de la concurrence
Conseil supérieur de l'audiovisuel
Défenseur des enfants
Haute autorité de lutte contre les discriminations et pour l'égalité
Haute autorité de santé
Médiateur de la République
Cour de justice de la République
Tribunal des Conflits
Conseil d'Etat
Cours administratives d'appel
Tribunaux administratifs
Cour des Comptes
Chambres régionales des Comptes
Cours et tribunaux de l'ordre judiciaire (Cour de Cassation, Cours d'Appel, Tribunaux d'instance et Tribunaux de grande instance)
4.   
Andre offentlige nationale organer
Union des groupements d'achats publics (UGAP)
Agence Nationale pour l'emploi (A.N.P.E)
Autorité indépendante des marchés financiers
Caisse Nationale des Allocations Familiales (CNAF)
Caisse Nationale d'Assurance Maladie des Travailleurs Salariés (CNAMS)
Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salariés (CNAVTS)
KROATIEN
Hrvatski sabor (Kroatiens parlament)
Predsjednik Republike Hrvatske (Præsidenten for Republikken Kroatien)
Ured predsjednika Republike Hrvatske (Kabinettet for Republikken Kroatiens præsident)
Ured predsjednika Republike Hrvatske po prestanku obnašanja dužnosti (Kabinettet for Republikken Kroatiens præsident efter udløbet af dennes embedsperiode)
Vlada Republike Hrvatske (Republikken Kroatiens regering)
Uredi Vlade Republike Hrvatske (Republikken Kroatiens regeringskontorer)
Ministarstvo gospodarstva (Økonomiministeriet)
Ministarstvo regionalnoga razvoja i fondova Europske unije (Ministeriet for regionaludvikling og EU-midler)
Ministarstvo financija (Finansministeriet)
Ministarstvo obrane (Forsvarsministeriet)
Ministarstvo vanjskih i europskih poslova (Ministeriet for udenrigsanliggender og europæiske anliggender)
Ministarstvo unutarnjih poslova (Indenrigsministeriet)
Ministarstvo pravosuđa (Justitsministeriet)
Ministarstvo uprave (Ministeriet for offentlig forvaltning)
Ministarstvo poduzetništva i obrta (Ministeriet for iværksætteri og håndværk)
Ministarstvo rada i mirovinskog sustava (Ministeriet for beskæftigelse og pension)
Ministarstvo pomorstva, prometa i infrastrukture (Ministeriet for martime anliggender, transport og infrastruktur)
Ministarstvo poljoprivrede (Landbrugsministeriet)
Ministarstvo turizma (Turistministeriet)
Ministarstvo zaštite okoliša i prirode (Ministeriet for miljø og naturbeskyttelse)
Ministarstvo graditeljstva i prostornoga uređenja (Ministeriet for byggeri og fysisk planlægning)
Ministarstvo branitelja (Ministeriet for anliggender vedrørende veteraner)
Ministarstvo socijalne politike i mladih (Ministeriet for sociale anliggender og ungdom)
Ministarstvo zdravlja (Sundhedsministeriet)
Ministarstvo znanosti, obrazovanja i sporta (Ministeriet for videnskab, undervisning og sport)
Ministarstvo kulture (Kulturministeriet)
Državne upravne organizacije (Statens administrative organisationer)
Uredi državne uprave u županijama (Amternes administrative organisationer)
Ustavni sud Republike Hrvatske (Forfatningsdomstolen for Republikken Kroatien)
Vrhovni sud Republike Hrvatske (Højesteret for Republikken Kroatien)
Sudovi (Domstolene)
Državno sudbeno vijeće (Statens retsråd)
Državna odvjetništva (Statsadvokaturens kontorer)
Državnoodvjetničko vijeće (Statsadvokatrådet)
Pravobraniteljstva (Ombudsmandens kontor)
Državna komisija za kontrolu postupaka javne nabave (Statskommissionen for tilsyn med offentlige udbudsprocedurer)
Hrvatska narodna banka (Den kroatiske nationalbank)
Državne agencije i uredi (Statslige organer og kontorer)
Državni ured za reviziju (Statsrevisionen)
IRLAND
1.
President's Establishment
2.
Houses of the Oireachtas — [Parlament]
3.
Department of the Taoiseach — [Premierminister]
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 — [Gallisktalende regioner] Affairs
32.
Arts Council
33.
National Gallery
ITALIEN
I.   
Organer, der foretager offentlige indkøb:
1.
Presidenza del Consiglio dei Ministri (Statsministeriet)
2.
Ministero degli Affari Esteri (Udenrigsministeriet)
3.
Ministero dell'Interno (Indenrigsministeriet)
4.
Ministero della Giustizia e Uffici giudiziari (esclusi i giudici di pace) (Justitsministeriet og dommerembederne (bortset fra 
fredsdommerne (giudici di pace)
)
5.
Ministero della Difesa (Forsvarsministeriet)
6.
Ministero dell'Economia e delle Finanze (Økonomi- og finansministeriet)
7.
Ministero dello Sviluppo Economico (Ministeriet for økonomisk udvikling)
8.
Ministero del Commercio internazionale (Ministeriet for international handel)
9.
Ministero delle Comunicazioni (Ministeriet for kommunikation)
10.
Ministero delle Politiche Agricole e Forestali (Ministeriet for landbrug og skovbrug)
11.
Ministero dell'Ambiente e Tutela del Territorio e del Mare (Ministeriet for miljø, natur- og havbeskyttelse)
12.
Ministero delle Infrastrutture (Infrastrukturministeriet)
13.
Ministero dei Trasporti (Transportministeriet)
14.
Ministero del Lavoro e delle politiche sociali e della Previdenza sociale (Ministeriet for arbejde, socialpolitik og social sikring)
15.
Ministero della Solidarietà sociale (Ministeriet for social solidaritet)
16.
Ministero della Salute (Sundhedsministeriet)
17.
Ministero dell' Istruzione dell' università e della ricerca (Ministeriet for uddannelse, universiteter og forskning)
18.
Ministero per i Beni e le Attività culturali comprensivo delle sue articolazioni periferiche (Ministeriet for arv og kultur, herunder dets underordnede enheder)
II.   
Andre nationale offentlige organer:
CONSIP (Concessionaria Servizi Informatici Pubblici) 
(
2
)
CYPERN
1.
a)
Προεδρία και Προεδρικό Μέγαρο (Præsidentembedet og præsidentpaladset)
b)
Γραφείο Συντονιστή Εναρμόνισης (Kontoret for harmoniseringskoordinatoren)
2.
Υπουργικό Συμβούλιο (Ministerrådet)
3.
Βουλή των Αντιπροσώπων (Repræsentanternes Hus)
4.
Δικαστική Υπηρεσία (Juridisk tjeneste)
5.
Νομική Υπηρεσία της Δημοκρατίας (Republikkens lovkontor)
6.
Ελεγκτική Υπηρεσία της Δημοκρατίας (Republikkens revisionskontor)
7.
Επιτροπή Δημόσιας Υπηρεσίας (Kommissionen for den offentlige sektor)
8.
Επιτροπή Εκπαιδευτικής Υπηρεσίας (Undervisningskommissionen)
9.
Γραφείο Επιτρόπου Διοικήσεως (Ombudsmandens kontor)
10.
Επιτροπή Προστασίας Ανταγωνισμού (Kommissionen for konkurrencebeskyttelse)
11.
Υπηρεσία Εσωτερικού Ελέγχου (Intern revisionstjeneste)
12.
Γραφείο Προγραμματισμού (Planlægningskontoret)
13.
Γενικό Λογιστήριο της Δημοκρατίας (Republikkens finansministerium)
14.
Γραφείο Επιτρόπου Προστασίας δεδομένων Προσωπικού χαρακτήρα (Kontoret for kommissæren for beskyttelse af personoplysninger)
15.
Γραφείο Εφόρου Δημοσίων Ενισχύσεων (Kontoret for kommissæren for offentlig støtte)
16.
Αναθεωρητική Αρχή Προσφορών (Tilsynsorgan for udbud)
17.
Υπηρεσία Εποπτείας και Ανάπτυξης Συνεργατικών Εταιρειών (Tilsyns- og udviklingsmyndighed for kooperative selskaber)
18.
Αναθεωρητική Αρχή Προσφορών (Tilsynsorgan vedrørende flygtninge)
19.
Υπουργείο Άμυνας (Forsvarsministeriet)
20.
a)
Υπουργείο Γεωργίας, Φυσικών Πόρων και Περιβάλλοντος (Ministeriet for landbrug, naturressourcer og miljø)
b)
Τμήμα Γεωργίας (Landbrugsdepartementet)
c)
Κτηνιατρικές Υπηρεσίες (Veterinærtjenesten)
d)
Τμήμα Δασών (Skovdepartementet)
e)
Τμήμα Αναπτύξεως Υδάτων (Departementet for udvikling af vandressourcer)
f)
Τμήμα Γεωλογικής Επισκόπησης (Departementet for geologiske undersøgelser)
g)
Μετεωρολογική Υπηρεσία (Meteorologisk tjeneste)
h)
Τμήμα Αναδασμού (Departementet for jordfordeling)
i)
Υπηρεσία Μεταλλείων (Tjenesten for minedrift)
j)
Ινστιτούτο Γεωργικών Ερευνών (Landbrugets forskningsinstitut)
k)
Τμήμα Αλιείας και Θαλάσσιων Ερευνών (Departementet for fiskeri og havforskning)
21.
a)
Υπουργείο Δικαιοσύνης και Δημοσίας Τάξεως (Justitsministeriet og ministeriet for offentlig orden)
b)
Αστυνομία (Politiet)
c)
Πυροσβεστική Υπηρεσία Κύπρου (Cyperns brandtjeneste)
d)
Τμήμα Φυλακών (Fængelsvæsenet)
22.
a)
Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού (Ministeriet for handel, industri og turisme)
b)
Τμήμα Εφόρου Εταιρειών και Επίσημου Παραλήπτη (Departementet for virksomhedsregistret og konkursforvaltning)
23.
a)
Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων (Ministeriet for arbejde og socialsikring)
b)
Τμήμα Εργασίας (Departementet for beskæftigelse)
c)
Τμήμα Κοινωνικών Ασφαλίσεων (Departementet for socialsikring)
d)
Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας (Departementet for social velfærd)
e)
Κέντρο Παραγωγικότητας Κύπρου (Produktivitetscenter for Cypern)
f)
Ανώτερο Ξενοδοχειακό Ινστιτούτο Κύπρου (Højere hotelfagskole for Cypern)
g)
Ανώτερο Τεχνολογικό Ινστιτούτο (Højere teknisk institut)
h)
Τμήμα Επιθεώρησης Εργασίας (Departementet for arbejdstilsynet)
i)
Τμήμα Εργασιακών Σχέσεων (Departementet for arbejdsmarkedsrelationer)
24.
a)
Υπουργείο Εσωτερικών (Indenrigsministeriet)
b)
Επαρχιακές Διοικήσεις (Distriktsadministrationer)
c)
Τμήμα Πολεοδομίας και Οικήσεως (Departementet for byplanlægning og boliger)
d)
Τμήμα Αρχείου Πληθυσμού και Μεταναστεύσεως (Folkeregisteret og departementet for migration)
e)
Τμήμα Κτηματολογίου και Χωρομετρίας (Departementet for jord og opmåling)
f)
Γραφείο Τύπου και Πληροφοριών (Presse- og informationskontoret)
g)
Πολιτική Άμυνα (Det civile forsvar)
h)
Υπηρεσία Μέριμνας και Αποκαταστάσεων Εκτοπισθέντων (Tjeneste til behandling og rehabilitering af fordrevne personer)
i)
Υπηρεσία Ασύλου (Asyltjeneste)
25.
Υπουργείο Εξωτερικών (Udenrigsministeriet)
26.
a)
Υπουργείο Οικονομικών (Finansministeriet)
b)
Τελωνεία (Toldvæsenet)
c)
Τμήμα Εσωτερικών Προσόδων (Skattevæsenet)
d)
Στατιστική Υπηρεσία (Statistisk kontor)
e)
Τμήμα Κρατικών Αγορών και Προμηθειών (Departementet for offentlige indkøb og forsyninger)
f)
Υπηρεσία Δημόσιας Διοίκησης και Προσωπικού (Departementet for offentlig forvaltning og personale)
g)
Κυβερνητικό Τυπογραφείο (Statsligt trykkeri)
h)
Τμήμα Υπηρεσιών Πληροφορικής (Departementet for informationsteknologi)
27.
Υπουργείο Παιδείας και Πολιτισμού (Undervisnings- og kulturministeriet)
28.
a)
Υπουργείο Συγκοινωνιών και Έργων (Ministeriet for kommunikation og offentlige arbejder)
b)
Τμήμα Δημοσίων Έργων (Departementet for offentlige arbejder)
c)
Τμήμα Αρχαιοτήτων (Departementet for bevaring af fortidsminder)
d)
Τμήμα Πολιτικής Αεροπορίας (Departementet for civil luftfart)
e)
Τμήμα Εμπορικής Ναυτιλίας (Departementet for handelsskibsfart)
f)
Τμήμα Ταχυδρομικών Υπηρεσιών (Departementet for posttjenester)
g)
Τμήμα Οδικών Μεταφορών (Departementet for vejtransport)
h)
Τμήμα Ηλεκτρομηχανολογικών Υπηρεσιών (Departementet for elektromekanik)
i)
Τμήμα Ηλεκτρονικών Επικοινωνιών (Departementet for elektronisk telekommunikation)
29.
a)
Υπουργείο Υγείας (Sundhedsministeriet)
b)
Φαρμακευτικές Υπηρεσίες (Farmaceutiske tjenester)
c)
Γενικό Χημείο (Det centrale laboratorium)
d)
Ιατρικές Υπηρεσίες και Υπηρεσίες Δημόσιας Υγείας (Medicinske og folkesundhedstjenester)
e)
Οδοντιατρικές Υπηρεσίες (Tandlægetjenester)
f)
Υπηρεσίες Ψυχικής Υγείας (Tjenester i forbindelse med mental sundhed)
LETLAND
A)   
Ministrijas, īpašu uzdevumu ministru sekretariāti un to padotībā esošās iestādes (Ministerier, sektretariater for ministerier med særlige opgaver og de underordnede institutioner):
1.
Aizsardzības ministrija un tās padotībā esošās iestādes (Forsvarsministeriet og underordnede institutioner)
2.
Ārlietu ministrija un tas padotībā esošās iestādes (Udenrigsministeriet og underordnede institutioner)
3.
Ekonomikas ministrija un tās padotībā esošās iestādes (Økonomiministeriet og underordnede institutioner)
4.
Finanšu ministrija un tās padotībā esošās iestādes (Finansministeriet og underordnede institutioner)
5.
Iekšlietu ministrija un tās padotībā esošās iestādes (Indenrigsministeriet og underordnede institutioner)
6.
Izglītības un zinātnes ministrija un tās padotībā esošās iestādes (Undervisnings- og videnskabsministeriet og underordnede institutioner)
7.
Kultūras ministrija un tas padotībā esošās iestādes (Kulturministeriet og underordnede institutioner)
8.
Labklājības ministrija un tās padotībā esošās iestādes (Velfærdsministeriet og underordnede institutioner)
9.
Satiksmes ministrija un tās padotībā esošās iestādes (Transportministeriet og underordnede institutioner)
10.
Tieslietu ministrija un tās padotībā esošās iestādes (Justitsministeriet og underordnede institutioner)
11.
Veselības ministrija un tās padotībā esošās iestādes (Sundhedsministeriet og underordnede institutioner)
12.
Vides aizsardzības un reģionālās attīstības ministrija un tās padotībā esošās iestādes (Ministeriet for miljøbeskyttelse og regionaludvikling og underordnede institutioner)
13.
Zemkopības ministrija un tās padotībā esošās iestādes (Landbrugsministeriet og underordnede institutioner)
14.
Īpašu uzdevumu ministra sekretariāti un to padotībā esošās iestādes (Ministeriet for særlige opgaver og underordnede institutioner)
B)   
Citas valsts iestādes (Andre statslige institutioner):
1.
Augstākā tiesa (Højesteret)
2.
Centrālā vēlēšanu komisija (Den centrale valgkommission)
3.
Finansu un kapitāla tirgus komisija (Kommissionen for finans- og kapitalmarkederne)
4.
Latvijas Banka (Letlands nationalbank)
5.
Prokuratūra un tās pārraudzībā esošās iestādes (Anklagemyndigheden og institutioner under tilsyn heraf)
6.
Saeima un tās padotībā esošās iestādes (Parlamentet og underordnede institutioner)
7.
Satversmes tiesa (Forfatningsdomstolen)
8.
Valsts kanceleja un tās pārraudzībā esošās iestādes (Statsministeriet og institutioner under tilsyn heraf)
9.
Valsts kontrole (Statsrevisionen)
10.
Valsts prezidenta kanceleja (Statspræsidentens kancelli)
11.
Citas valsts iestādes, kuras nav ministriju padotībā (Andre statslige institutioner, der ikke er underordnet ministerier):
—
Tiesībsarga birojs (Ombudsmandens kontor)
—
Nacionālā radio un televīzijas padome (Det nationale radio- og TV-råd)
Andre statslige institutioner
LITAUEN
Prezidentūros kanceliarija (Præsidentens kontor)
Seimo kanceliarija (Parlamentets kontor)
Seimui atskaitingos institucijos: (Institutioner, som er ansvarlige over for parlamentet)
Lietuvos mokslo taryba (Forskningsråd)
Seimo kontrolierių įstaiga (Kontoret for parlamentets ombudsmand)
Valstybės kontrolė (Statsrevisionen)
Specialiųjų tyrimų tarnyba (Den særlige efterforskningstjeneste)
Valstybės saugumo departamentas (Statens sikkerhedsdepartement)
Konkurencijos taryba (Konkurrencerådet)
Lietuvos gyventojų genocido ir rezistencijos tyrimo centras (Forskningscenter for folkedrab og modstand)
Vertybinių popierių komisija (Litauens værdipapirkommission)
Ryšių reguliavimo tarnyba (Telekommunikationsmyndigheden)
Nacionalinė sveikatos taryba (Den nationale sundhedsstyrelse)
Etninės kultūros globos taryba (Rådet for beskyttelse af etnisk kultur)
Lygių galimybių kontrolieriaus tarnyba (Kontoret for ombudsmanden for lige muligheder)
Valstybinė kultūros paveldo komisija (Kommissionen for den nationale kulturarv)
Vaiko teisių apsaugos kontrolieriaus įstaiga (Ombudsmanden for børns rettigheder)
Valstybinė kainų ir energetikos kontrolės komisija (Den statslige kommission for regulering af priserne for energiressourcer)
Valstybinė lietuvių kalbos komisija (Den statslige kommission for det litauiske sprog)
Vyriausioji rinkimų komisija (Den centrale valgkomité)
Vyriausioji tarnybinės etikos komisija (Overkommissionen for offentlig etik)
Žurnalistų etikos inspektoriaus tarnyba (Inspektionskontoret for journalistisk etik)
Vyriausybės kanceliarija (Regeringens kontor)
Vyriausybei atskaitingos institucijos (Institutioner, der er ansvarlige over for regeringen)
Ginklų fondas (Våbenfonden)
Informacinės visuomenės plėtros komitetas (Udvalget for udvikling af informationssamfundet)
Kūno kultūros ir sporto departamentas (Departementet for idræt)
Lietuvos archyvų departamentas (Departementet for Litauens arkiver)
Mokestinių ginčų komisija (Kommissionen for skattemæssige tvistigheder)
Statistikos departamentas (Statistisk kontor)
Tautinių mažumų ir išeivijos departamentas (Departementet for nationale minoriteter og litauiske borgere i udlandet)
Valstybinė tabako ir alkoholio kontrolės tarnyba (Statens tobaks- og alkoholkontrol)
Viešųjų pirkimų tarnyba (Kontoret for offentlige indkøb)
Valstybinė atominės energetikos saugos inspekcija (Statens sikkerhedsinspektorat for atomenergi)
Valstybinė duomenų apsaugos inspekcija (Statens databeskyttelsesinspektorat)
Valstybinė lošimų priežiūros komisija (Statens kommission for tilsyn med spil)
Valstybinė maisto ir veterinarijos tarnyba (Statens fødevare- og veterinærtjeneste)
Vyriausioji administracinių ginčų komisija (Kommissionen for administrative tvistigheder)
Draudimo priežiūros komisija (Forsikringstilsynet)
Lietuvos valstybinis mokslo ir studijų fondas (Den litauiske statsfond for videnskab og forskning)
Konstitucinis Teismas (Forfatningsdomstolen)
Lietuvos bankas (Litauens nationalbank)
Aplinkos ministerija (Miljøministeriet)
Įstaigos prie Aplinkos ministerijos (Institutioner under Miljøministeriet)
Generalinė miškų urėdija (Generaldirektoratet for statsskovene)
Lietuvos geologijos tarnyba (Litauisk geologisk myndighed)
Lietuvos hidrometeorologijos tarnyba (Litauisk hydrometerologisk tjeneste)
Lietuvos standartizacijos departamentas (Litauisk styrelse for standarder)
Nacionalinis akreditacijos biuras (Litauens nationale akkrediteringsbureau)
Valstybinė metrologijos tarnyba (Statslig metrologisk tjeneste)
Valstybinė saugomų teritorijų tarnyba (Statslig tjeneste for beskyttede områder)
Valstybinė teritorijų planavimo ir statybos inspekcija (Statens inspektorat for territorial planlægning og byggeri)
Finansų ministerija (Finansministerium)
Įstaigos prie Finansų ministerijos (Institutioner under finansministeriet)
Muitinės departamentas (Litauisk toldvæsen)
Valstybės dokumentų technologinės apsaugos tarnyba (Tjeneste vedrørende teknisk sikkerhed for så vidt angår statslige dokumenter)
Valstybinė mokesčių inspekcija (Statens skatteinspektorat)
Finansų ministerijos mokymo centras (Finansministeriets uddannelsescenter)
Krašto apsaugos ministerija (Forsvarsministeriet)
Įstaigos prie Krašto apsaugos ministerijos (Institutioner under forsvarsministeriet)
Antrasis operatyvinių tarnybų departamentas (Anden undersøgelsesafdeling)
Centralizuota finansų ir turto tarnyba (Centraliseret tjeneste for finansvæsen og ejendomme)
Karo prievolės administravimo tarnyba (Administrativ tjeneste vedrørende værnepligt)
Krašto apsaugos archyvas (Nationalt forsvarsarkiv)
Krizių valdymo centras (Krisestyringscenter)
Mobilizacijos departamentas (Departementet for mobilisering)
Ryšių ir informacinių sistemų tarnyba (Tjeneste for kommunikations- og informationssystemer)
Infrastruktūros plėtros departamentas (Departmentet for infrastrukturudvikling)
Valstybinis pilietinio pasipriešinimo rengimo centras (Centret for civil modstand)
Lietuvos kariuomenė (De litauiske væbnede styrker)
Krašto apsaugos sistemos kariniai vienetai ir tarnybos (Det nationale forsvars militære enheder og tjenester)
Kultūros ministerija (Kulturministeriet)
Įstaigos prie Kultūros ministerijos (Institutioner under kulturministeriet)
Kultūros paveldo departamentas (Departementet for Litauens kulturarv)
Valstybinė kalbos inspekcija (Statens sprogkommission)
Socialinės apsaugos ir darbo ministerija (Ministeriet for socialsikring og arbejde)
Įstaigos prie Socialinės apsaugos ir darbo ministerijos (Institutioner under ministeriet for socialsikring og arbejde)
Garantinio fondo administracija (Administrationen for garantifonden)
Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba (Statslige tjenester for beskyttelse af børns rettigheder og for adoption)
Lietuvos darbo birža (Den litauiske arbejdsformidling)
Lietuvos darbo rinkos mokymo tarnyba (Litauisk myndighed for arbejdsmarkedsuddannelse)
Trišalės tarybos sekretoriatas (Sekretariatet for trepartsrådet)
Socialinių paslaugų priežiūros departamentas (Tilsynsmyndighed for sociale tjenesteydelser)
Darbo inspekcija (Arbejdsinspektoratet)
Valstybinio socialinio draudimo fondo valdyba (Statens nævn for den sociale sikringsfond)
Neįgalumo ir darbingumo nustatymo tarnyba (Tjenesten for vurdering af handicap og arbejdsevne)
Ginčų komisija (Kommissionen for tvistbilæggelse)
Techninės pagalbos neįgaliesiems centras (Statens center for kompensationsteknik for handicappede)
Neįgaliųjų reikalų departamentas (Departementet for handicappedes anliggender)
Susisiekimo ministerija (Ministeriet for transport og kommunikation)
Įstaigos prie Susisiekimo ministerijos (Institutioner under ministeriet for transport og kommunikation)
Lietuvos automobilių kelių direkcija (Litauisk vejforvaltning)
Valstybinė geležinkelio inspekcija (Statens jernbaneinspektorat)
Valstybinė kelių transporto inspekcija (Statens vejtransportinspektorat)
Pasienio kontrolės punktų direkcija (Direktoratet for grænsekontrol)
Sveikatos apsaugos ministerija (Sundhedsministeriet)
Įstaigos prie Sveikatos apsaugos ministerijos (Institutioner under sundhedsministeriet)
Valstybinė akreditavimo sveikatos priežiūros veiklai tarnyba (Statsligt akkrediteringsagentur for sundhedsydelser)
Valstybinė ligonių kasa (Statens patientfond)
Valstybinė medicininio audito inspekcija (Statens inspektorat for medicinsk revision)
Valstybinė vaistų kontrolės tarnyba (Statens agentur for lægemiddelkontrol)
Valstybinė teismo psichiatrijos ir narkologijos tarnyba (Litauisk tjeneste vedrørende retspsykiatri og stofmisbrug)
Valstybinė visuomenės sveikatos priežiūros tarnyba (Statens folkesundhedstjeneste)
Farmacijos departamentas (Departmentet for apotekervæsenet)
Sveikatos apsaugos ministerijos Ekstremalių sveikatai situacijų centras (Center for sundhedsmæssige nødsituationer under sundhedsministeriet)
Lietuvos bioetikos komitetas (Litauisk bioetisk komité)
Radiacinės saugos centras (Center for strålingsbeskyttelse)
Švietimo ir mokslo ministerija (Uddannelses- og videnskabsministeriet)
Įstaigos prie Švietimo ir mokslo ministerijos (Institutioner under Uddannelses- og Videnskabsministeriet)
Nacionalinis egzaminų centras (Nationalt undersøgelsescenter)
Studijų kokybės vertinimo centras (Center for kvalitetsvurdering inden for videregående uddannelse)
Teisingumo ministerija (Justitsministeriet)
Įstaigos prie Teisingumo ministerijos (Institutioner under Justitsministeriet)
Kalėjimų departamentas (Departmentet for fængselsvæsenet)
Nacionalinė vartotojų teisių apsaugos taryba (Den nationale styrelse for beskyttelse af forbrugerrettigheder)
Europos teisės departamentas (Departementet for europæisk ret)
Ūkio ministerija (Økonomiministeriet)
Įstaigos prie Ūkio ministerijos (Institutioner under Økonomiministeriet)
Įmonių bankroto valdymo departamentas (Departementet for forvaltningen af virksomhedskonkurser)
Valstybinė energetikos inspekcija (Statens energiinspektorat)
Valstybinė ne maisto produktų inspekcija (Statens inspektorat for nonfoodprodukter)
Valstybinis turizmo departamentas (Litauens departement for turisme)
Užsienio reikalų ministerija (Udenrigsministeriet)
Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių organizacijų (Diplomatiske repræsentationer og konsulære tjenester samt repræsentationer ved internationale organisationer)
Vidaus reikalų ministerija (Indenrigsministeriet)
Įstaigos prie Vidaus reikalų ministerijos (Institutioner under indenrigsministeriet)
Asmens dokumentų išrašymo centras (Centret for personalisering af identitetspapirer)
Finansinių nusikaltimų tyrimo tarnyba (Efterforskningstjenesten for økonomisk kriminalitet)
Gyventojų registro tarnyba (Folkeregistret)
Policijos departamentas (Politiet)
Priešgaisrinės apsaugos ir gelbėjimo departamentas (Departementet for brandforebyggelse og redning)
Turto valdymo ir ūkio departamentas (Departementet for ejendomsforvaltning og økonomi)
Vadovybės apsaugos departamentas (Departementet for VIP-beskyttelse)
Valstybės sienos apsaugos tarnyba (Departementet for grænsekontrol)
Valstybės tarnybos departamentas (Departementet for offentlig tjeneste)
Informatikos ir ryšių departamentas (Departementet for IT og kommunikation)
Migracijos departamentas (Departmentet for migration)
Sveikatos priežiūros tarnyba (Departmentet for sundhed)
Bendrasis pagalbos centras (Centret for katastrofeberedskab)
Žemės ūkio ministerija (Landbrugsministeriet)
Įstaigos prie Žemės ūkio ministerijos (Landbrugsministeriet og underordnede institutioner)
Nacionalinė Mokėjimo Agentūra (Nationalt betalingsorgan)
Nacionalinė žemės tarnyba (National landmålertjeneste)
Valstybinė augalų apsaugos tarnyba (Statens plantebeskyttelsestjeneste)
Valstybinė gyvulių veislininkystės priežiūros tarnyba (Statens tilsyn med dyreavl)
Valstybinė sėklų ir grūdų tarnyba (Statens frøavlscenter)
Žuvininkystės departamentas (Departementet for fiskeri)
Teismai (Domstolene)
Lietuvos Aukščiausiasis Teismas (Litauens højesteret)
Lietuvos apeliacinis teismas (Litauens appelret)
Lietuvos vyriausiasis administracinis teismas (Litauens administrative højesteret)
Apygardų teismai (Regionaldomstole)
Apygardų administraciniai teismai (Administrative regionaldomstole)
Apylinkių teismai (Distriktsdomstole)
Nacionalinė teismų administracija (Administrationen for nationale domstole)
Generalinė prokuratūra (Den offentlige anklagers kontor)
Kiti centriniai Valstybinio administravimo subjektai (institucijos, įstaigos, tarnybos) (Andre centrale offentlige enheder (institutioner, virksomheder, organer))
—
Muitinės kriminalinė tarnyba (Toldvæsenets kriminaltjeneste)
—
Muitinės informacinių sistemų centras (Toldvæsenets center for informationssystemer)
—
Muitinės laboratorija (Toldvæsenets laboratorium)
—
Muitinės mokymo centras (Toldvæsenets uddannelsescenter)
LUXEMBURG
1.
Ministère d'Etat
2.
Ministère des Affaires Etrangères et de l'Immigration
Ministère des Affaires Etrangères et de l'Immigration: Direction de la Défense (Armée)
3.
Ministère de l'Agriculture, de la Viticulture et du Développement Rural
Ministère de l'Agriculture, de la Viticulture et du Développement Rural: Administration des Services Techniques de l'Agriculture
4.
Ministère des Classes moyennes, du Tourisme et du Logement
5.
Ministère de la Culture, de l'Enseignement Supérieur et de la Recherche
6.
Ministère de l'Economie et du Commerce extérieur
7.
Ministère de l'Education nationale et de la Formation professionnelle
Ministère de l'Education nationale et de la Formation professionnelle: Lycée d'Enseignement Secondaire et d'Enseignement Secondaire Technique
8.
Ministère de l'Egalité des chances
9.
Ministère de l'Environnement
Ministère de l'Environnement: Administration de l'Environnement
10.
Ministère de la Famille et de l'Intégration
Ministère de la Famille et de l'Intégration: Maisons de retraite
11.
Ministère des Finances
12.
Ministère de la Fonction publique et de la Réforme administrative
Ministère de la Fonction publique et de la Réforme administrative: Service Central des Imprimés et des Fournitures de l'Etat — Centre des Technologies de l'informatique de l'Etat
13.
Ministère de l'Intérieur et de l'Aménagement du territoire
Ministère de l'Intérieur et de l'Aménagement du territoire: Police Grand-Ducale Luxembourg — Inspection générale de Police
14.
Ministère de la Justice
Ministère de la Justice: Etablissements Pénitentiaires
15.
Ministère de la Santé
Ministère de la Santé: Centre hospitalier neuropsychiatrique
16.
Ministère de la Sécurité sociale
17.
Ministère des Transports
18.
Ministère du Travail et de l'Emploi
19.
Ministère des Travaux publics
Ministère des Travaux publics: Bâtiments Publics — Ponts et Chaussées
UNGARN
Nemzeti Erőforrás Minisztérium (Ministeriet for nationale ressourcer)
Vidékfejlesztési Minisztérium (Ministeriet for udvikling af landdistrikter)
Nemzeti Fejlesztési Minisztérium (Ministeriet for national udvikling)
Honvédelmi Minisztérium (Forsvarsministeriet)
Közigazgatási és Igazságügyi Minisztérium (Ministeriet for offentlig forvaltning og retlige anliggender)
Nemzetgazdasági Minisztérium (Økonomiministeriet)
Külügyminisztérium (Udenrigsministeriet)
Miniszterelnöki Hivatal (Premierministerens kontor)
Belügyminisztérium (Indenrigsministeriet)
Központi Szolgáltatási Főigazgatóság (Direktoratet for centrale tjenesteydelser)
ΜΑLTA
1.
Uffiċċju tal-Prim Ministru (Premierministerens kontor)
2.
Ministeru għall-Familja u Solidarjetà Socjali (Ministeriet for familie og social solidaritet)
3.
Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministeriet for uddannelse, unge og beskæftigelse)
4.
Ministeru tal-Finanzi (Finansministeriet)
5.
Ministeru tar-Riżorsi u l-Infrastruttura (Ministeriet for ressourcer og infrastruktur)
6.
Ministeru tat-Turiżmu u Kultura (Turisme- og kulturministeriet)
7.
Ministeru tal-Ġustizzja u l-Intern (Justits- og indenrigsministeriet)
8.
Ministeru għall-Affarijiet Rurali u l-Ambjent (Landbrugs- og miljøministeriet)
9.
Ministeru għal Għawdex (Ministeriet for Gozo)
10.
Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministeriet for sundhed, ældre og omsorgstilbud i lokalområdet)
11.
Ministeru ta' l-Affarijiet Barranin (Udenrigsministeriet)
12.
Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministeriet for investering, industri og informationsteknologi)
13.
Ministeru għall-Kompetittivà u Komunikazzjoni (Ministeriet for konkurrenceevne og kommunikation)
14.
Ministeru għall-Iżvilupp Urban u Toroq (Ministeriet for byplanlægning og vejvæsen)
15.
Uffiċċju tal-President (Præsidentens kabinet)
16.
Uffiċċju ta' l-Iskrivan tal-Kamra tad-Deputati (Referentens kontor i Repræsentanternes Hus)
NEDERLANDENE
MINISTERIE VAN ALGEMENE ZAKEN — (MINISTERIET FOR ALMINDELIGE ANLIGGENDER)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid — (Det videnskabelige råd vedrørende regeringens politik)
—
Rijksvoorlichtingsdienst: — Nederlandenes informationstjeneste)
MINISTERIE VAN BINNENLANDSE ZAKEN EN KONINKRIJKSRELATIES — (INDENRIGSMINISTERIET)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Centrale Archiefselectiedienst (CAS)- (Statens arkivtjeneste)
—
Algemene Inlichtingen- en Veiligheidsdienst (AIVD) — (Den almindelige efterretnings- og sikkerhedstjeneste)
—
Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR) — (Styrelsen for personregistre og rejsedokumenter)
—
Agentschap Korps Landelijke Politiediensten — (Det nationale politikorps)
MINISTERIE VAN BUITENLANDSE ZAKEN — (UDENRIGSMINISTERIET)
—
Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC) — (Generaldirektoratet for regionalpolitk og konsulære anliggender)
—
Directoraat-generaal Politieke Zaken (DGPZ) — (Generaldirektoratet for politiske anliggender)
—
Directoraat-generaal Internationale Samenwerking (DGIS) — (Generaldirektoratet for internationalt samarbejde)
—
Directoraat-generaal Europese Samenwerking (DGES) — (Generaldirektoratet for europæisk samarbejde)
—
Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI) — (Centret for fremme af import fra udviklingslande)
—
Centrale diensten ressorterend onder S/PlvS — (Understøttende tjenester henhørende under generalsekretæren og vicegeneralsekretæren)
—
Buitenlandse Posten (ieder afzonderlijk) — (Forskellige udenlandske missioner)
MINISTERIE VAN DEFENSIE — (FORSVARSMINISTERIET)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Commando Diensten Centra (CDC) — (Kommandocentral — understøttende tjenester)
—
Defensie Telematica Organisatie (DTO)/(Forsvarets telematikorganisation)
—
Centrale Directie van de Defensie Vastgoed Dienst — (Forsvarets ejendomsmæglertjeneste, centraldirektoratet)
—
De afzonderlijke regionale directies van de Defensie Vastgoed Dienst — (Forsvarets ejendomsmæglertjeneste, regionale direktorater)
—
Defensie Materieel Organisatie (DMO)/(Forsvarets materieltjeneste)
—
Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie — (Nationalt forsyningsagentur under forsvarets materieltjeneste)
—
Logistiek Centrum van de Defensie Materieel Organisatie — (Logistikcenter under forsvarets materieltjeneste)
—
Marinebedrijf van de Defensie Materieel Organisatie — (Vedligeholdelsesafdelingen under forsvarets materieltjeneste)
—
Defensie Pijpleiding Organisatie (DPO)—(Forsvarets pipelineorganisation)
MINISTERIE VAN ECONOMISCHE ZAKEN — (ØKONOMIMINISTERIET)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Centraal Planbureau (CPB) — (Det nederlandske kontor for analyser af den økonomiske politik)
—
Bureau voor de Industriële Eigendom (BIE) — (Kontoret for industriel ejendomsret)
—
SenterNovem — (SenterNovem — organ for bæredygtig innovation)
—
Staatstoezicht op de Mijnen (SodM) — (Statstilsynet med minedrift)
—
Nederlandse Mededingingsautoriteit (NMa) — (Den nederlandske konkurrencemyndighed)
—
Economische Voorlichtingsdienst (EVD) — (Den nederlandske tjeneste for udenrigshandel)
—
Agentschap Telecom — (Radiokommunikationstjenesten)
—
Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voor Overheidsopdrachtgevers (PIANOo) — (Erhvervsmæssige og innovative udbud, netværk for ordregivende myndigheder)
—
Regiebureau Inkoop Rijksoverheid — (Koordinering af statslige indkøb)
—
Octrooicentrum Nederland — (Det nederlandske patentkontor)
—
Consumentenautoriteit — (Forbrugermyndighed)
MINISTERIE VAN FINANCIËN — (FINANSMINISTERIET)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Belastingdienst Automatiseringscentrum — (Told- og skatteadministrationens edb-center)
—
Belastingdienst — (Told- og skatteadministrationen)
—
De afzonderlijke Directies der Rijksbelastingen — (Told- og skattevæsenets afdelinger i hele landet)
—
Fiscale Inlichtingen- en Opsporingsdienst (inkl. Economische Controle dienst (ECD) — (Skattevæsenets informations- og efterforskningstjeneste (inkl. økonomisk efterforskning))
—
Belastingdienst Opleidingen — (Told og skats uddannelsescenter)
—
Dienst der Domeinen — (Statens ejendomstjeneste)
MINISTERIE VAN JUSTITIE — (JUSTITSMINISTERIET)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Dienst Justitiële Inrichtingen — (Tjenesten for fængselsvæsenet)
—
Raad voor de Kinderbescherming — (Rådet for børns beskyttelse)
—
Centraal Justitie Incasso Bureau — (Det centrale inkassokontor)
—
Openbaar Ministerie — (Den offentlige anklager)
—
Immigratie en Naturalisatiedienst — (Immigrations- og naturalisationsafdeling)
—
Nederlands Forensisch Instituut — (Nederlandenes retsmedicinske institut)
—
Dienst Terugkeer & Vertrek — (Afdelingen for repatriering og udrejse)
MINISTERIE VAN LANDBOUW, NATUUR EN VOEDSELKWALITEIT (DET NEDERLANDSKE MINISTERIUM FOR LANDBRUG, NATUR OG FØDEVAREKVALITET)
—
-Bestuursdepartement — (Departementet for central politik og personale)
—
Dienst Regelingen (DR) — (National tjeneste for gennemførelsen af bestemmelser (styrelse))
—
Agentschap Plantenziektenkundige Dienst (PD) — (Plantebeskyttelsesorgan (styrelse))
—
Algemene Inspectiedienst (AID) — (Den almindelige inspektionstjeneste)
—
Dienst Landelijk Gebied (DLG) — (Statslig tjeneste for bæredygtig udvikling af landdistrikter)
—
Voedsel en Waren Autoriteit (VWA) — (Myndighed for fødevare- forbrugerproduktsikkerhed)
MINISTERIE VAN ONDERWIJS, CULTUUR EN WETENSCHAPPEN — (MINISTERIET FOR UNDERVISNING, KULTUR OG VIDENSKAB)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Inspectie van het Onderwijs — (Undervisningsinspektoratet)
—
Erfgoedinspectie — (Inspektoratet for kulturarven)
—
Centrale Financiën Instellingen — (Institutionernes centrale finansieringsorgan)
—
Nationaal Archief — (De nationale arkiver)
—
Adviesraad voor Wetenschaps- en Technologiebeleid — (Det rådgivende råd for videnskab og teknologi)
—
Onderwijsraad — (Undervisningsrådet)
—
Raad voor Cultuur — (Kulturrådet)
MINISTERIE VAN SOCIALE ZAKEN EN WERKGELEGENHEID — (ARBEJDS- OG SOCIALMINISTERIET)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Inspectie Werk en Inkomen — (Inspektoratet for arbejde og indkomst)
—
Agentschap SZW- (SZW-organet)
MINISTERIE VAN VERKEER EN WATERSTAAT — (MINISTERIET FOR TRANSPORT, KOMMUNIKATION OG OFFENTLIGE ARBEJDER)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Directoraat-Generaal Transport en Luchtvaart — (Generaldirektoratet for transport og civil luftfart)
—
Directoraat-generaal Personenvervoer — Generaldirektoratet for befordring af passagerer)
—
Directoraat-generaal Water — (Generaldirektoratet for vandforvaltning)
—
Centrale diensten — (Centrale tjenester)
—
Shared services Organisatie Verkeer en Watersaat — (Fælles tjenester i transport- og vandforvaltning) (ny organisation)
—
Koninklijk Nederlands Meteorologisch Instituut KNMI — (Det kongelige nederlandske meteorologiske institut)
—
Rijkswaterstaat, Bestuur — (Styrelsen for offentlige arbejder og vandforvaltning)
—
De afzonderlijke regionale Diensten van Rijkswaterstaat — (De enkelte regionale tjenester under generaldirektoratet for offentlige arbejder og vandforvaltning)
—
De afzonderlijke specialistische diensten van Rijkswaterstaat — (De enkelte specialiserede tjenester under generaldirektoratet for offentlige arbejder og vandforvaltning)
—
Adviesdienst Geo-Informatie en ICT — (Rådgivende råd for geoinformation og IKT)
—
Adviesdienst Verkeer en Vervoer (AVV) — (Rådgivende råd for trafik og transport)
—
Bouwdienst — (Bygge- og anlægstjeneste)
—
Corporate Dienst — (Virksomhedstjeneste)
—
Data ICT Dienst — (Data- og IT-tjeneste)
—
Dienst Verkeer en Scheepvaart — (Trafik- og skibstransporttjeneste)
—
Dienst Weg- en Waterbouwkunde (DWW) — (Byggetjeneste for veje og vandingsanlæg)
—
Rijksinstituut voor Kust en Zee (RIKZ) — (Det nationale institut for kyst- og havforvaltning)
—
Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA) — (Det nationale institut for ferskvandsforvaltning og spildevandsbehandling)
—
Waterdienst — (Vandtjenesten)
—
Inspectie Verkeer en Waterstaat, Hoofddirectie — (Inspektoratet for transport- og vandforvaltning, hoveddirektoratet)
—
Havnestatskontrol
—
Directie Toezichtontwikkeling Communicatie en Onderzoek (TCO) — (Direktoratet for udvikling af overvågningen af kommunikation og forskning)
—
Toezichthouder Beheer Eenheid Lucht — (Forvaltningsenhed »Luft«)
—
Toezichthouder Beheer Eenheid Water — (Forvaltningsenhed »Vand«)
—
Toezichthouder Beheer Eenheid Land — (Forvaltningsenhed »Land«)
MINISTERIE VAN VOLKSHUISVESTING, RUIMTELIJKE ORDENING EN MILIEUBEHEER — (MINISTERIET FOR BOLIGSPØRGSMÅL, FYSISK PLANLÆGNING OG MILJØ)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Directoraat-generaal Wonen, Wijken en Integratie — (Generaldirektoratet for boligspørgsmål, fællesskaber og integration)
—
Directoraat-generaal Ruimte — (Generaldirektoratet for fysisk planlægning)
—
Directoraat-general Milieubeheer — (Generaldirektoratet for miljøbeskyttelse)
—
Rijksgebouwendienst — (Statens bygningstjeneste)
—
VROM Inspectie — (Inspektorat)
MINISTERIE VAN VOLKSGEZONDHEID, WELZIJN EN SPORT — (MINISTERIET FOR SUNDHED, VELFÆRD OG SPORT)
—
Bestuursdepartement — (Departementet for central politik og personale)
—
Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken — (Inspektoratet for sundhedsbeskyttelse og veterinær sundhed)
—
Inspectie Gezondheidszorg — (Sundhedsinspektoratet)
—
Inspectie Jeugdhulpverlening en Jeugdbescherming — (Ungdomsinspektoratet)
—
Rijksinstituut voor de Volksgezondheid en Milieu (RIVM) — (Det nationale institut for folkesundhed og miljø)
—
Sociaal en Cultureel Planbureau — (Det sociale og kulturelle planlægningskontor)
—
Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen — (Styrelsen for lægemiddelvurdering)
TWEEDE KAMER DER STATEN-GENERAAL — (ANDETKAMMERET)
EERSTE KAMER DER STATEN-GENERAAL — (FØRSTEKAMMERET)
RAAD VAN STATE — (STATSRÅDET)
ALGEMENE REKENKAMER — (DEN NEDERLANDSKE REVISIONSRET)
NATIONALE OMBUDSMAN — (STATENS OMBUDSMAND)
KANSELARIJ DER NEDERLANDSE ORDEN — (KONTORET FOR DEN NEDERLANDSKE ORDEN)
KABINET DER KONINGIN — (DRONNINGENS KABINET)
RAAD VOOR DE RECHTSPRAAK EN DE RECHTBANKEN — (RETSLIG FORVALTNING OG RÅDGIVENDE ORGAN OG DOMSTOLE)
ØSTRIG
A/   
Ordregivere, der aktuelt er omfattet
1.
Bundeskanzleramt (Kontoret for forbundskansleren)
2.
Bundesministerium für europäische und internationale Angelegenheiten (Forbundsministeriet for europæiske og internationale spørgsmål)
3.
Bundesministerium der Finanzen (Forbundsfinansministeriet)
4.
Bundesministerium für Gesundheit (Forbundssundhedsministeriet)
5.
Bundesministerium für Inneres (Forbundsindenrigsministeriet)
6.
Bundesministerium für Justiz (Forbundsjustitsministeriet)
7.
Bundesministerium für Landesverteidigung und Sport (Forbundsministeriet for forsvar og sport)
8.
Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Forbundsministeriet for landbrug og skovbrug samt miljø- og vandforvaltning)
9.
Bundesministerium für Arbeit, Soziales und Konsumentenschutz (Forbundsministeriet for beskæftigelse, sociale anliggender og forbrugerbeskyttelse)
10.
Bundesministerium für Unterricht, Kunst und Kultur (Forbundsministeriet for uddannelse, kunst og kultur)
11.
Bundesministerium für Verkehr, Innovation und Technologie (Forbundsministeriet for trafik, innovation og teknologi)
12.
Bundesministerium für Wirtschaft, Familie und Jugend (Forbundsministeriet for økonomi, familie og ungdom)
13.
Bundesministerium für Wissenschaft und Forschung (Forbundsministeriet for videnskab og forskning)
14.
Bundesamt für Eich- und Vermessungswesen (Forbundskontoret for kalibrering og måling)
15.
Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H (Det østrigske forsknings- og testcenter Arsenal Ltd)
16.
Bundesanstalt für Verkehr (Forbundsinstituttet for trafik)
17.
Bundesbeschaffung G.m.b.H (Indkøbscentral for udbud)
18.
Bundesrechenzentrum G.m.b.H (Databehandlingscenter)
B/   
Alle andre centrale offentlige myndigheder, herunder deres regionale og lokale underafdelinger, forudsat at de ikke har industriel eller kommerciel karakter.
POLEN
1.
Kancelaria Prezydenta RP (Præsidentens kontor)
2.
Kancelaria Sejmu RP (Kontoret for Sejm)
3.
Kancelaria Senatu RP (Senatskontoret)
4.
Kancelaria Prezesa Rady Ministrów (Premierministerens kontor)
5.
Sąd Najwyższy (Højesteret)
6.
Naczelny Sąd Administracyjny (Den øverste administrative domstol)
7.
Sądy powszechne — rejonowe, okręgowe i apelacyjne (Almindelig domstol — distriktdomstol, regionaldomstol, appeldomstol)
8.
Trybunał Konstytucyjny (Forfatningsdomstolen)
9.
Najwyższa Izba Kontroli (Det øverste kontrolorgan)
10.
Biuro Rzecznika Praw Obywatelskich (Menneskerettighedsforkæmperens kontor)
11.
Biuro Rzecznika Praw Dziecka (Kontoret for ombudsmanden for børns rettigheder)
12.
Biuro Ochrony Rządu (Kontoret for statens beskyttelse)
13.
Biuro Bezpieczeństwa Narodowego (Den nationale sikkerhedstjeneste)
14.
Centralne Biuro Antykorupcyjne (Det centrale antikorruptionskontor)
15.
Ministerstwo Pracy i Polityki Społecznej (Ministeriet for beskæftigelse og socialpolitik)
16.
Ministerstwo Finansów (Finansministeriet)
17.
Ministerstwo Gospodarki (Økonomiministeriet)
18.
Ministerstwo Rozwoju Regionalnego (Ministeriet for regionaludvikling)
19.
Ministerstwo Kultury i Dziedzictwa Narodowego (Ministeriet for kultur og den nationale kulturarv)
20.
Ministerstwo Edukacji Narodowej (Ministeriet for national uddannelse)
21.
Ministerstwo Obrony Narodowej (Ministeriet for det nationale forsvar)
22.
Ministerstwo Rolnictwa i Rozwoju Wsi (Ministeriet for landbrug og udvikling af landområderne)
23.
Ministerstwo Skarbu Państwa (Skatteministeriet)
24.
Ministerstwo Sprawiedliwości (Justitsministeriet)
25.
Ministerstwo Transportu, Budownictwa i Gospodarki Morskiej (Ministeriet for transport, byggeri og maritime spørgsmål)
26.
Ministerstwo Nauki i Szkolnictwa Wyższego (Ministeriet for videnskab og videregående uddannelse)
27.
Ministerstwo Środowiska (Miljøministeriet)
28.
Ministerstwo Spraw Wewnętrznych (Indenrigsministeriet)
29.
Ministrestwo cyfryzacji i Administracji (Ministeriet for forvaltning og digitalisering)
30.
Ministerstwo Spraw Zagranicznych (Udenrigsministeriet)
31.
Ministerstwo Zdrowia (Sundhedsministeriet)
32.
Ministerstwo Sportu i Turystyki (Ministeriet for sport og turisme)
33.
Urząd Patentowy Rzeczypospolitej Polskiej (Republikken Polens patentkontor)
34.
Urząd Regulacji Energetyki (Polens energitilsyn)
35.
Urząd do Spraw Kombatantów i Osób Represjonowanych (Kontoret for militære veteraner og ofre for undertrykkelse)
36.
Urząd Transportu Kolejowego (Kontoret for jernbanetransport)
37.
Urząd Dozoru Technicznego (Kontoret for teknisk inspektion)
38.
Urząd Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych (Kontoret for registrering af lægemidler, medicinsk udstyr og biocidholdige produkter)
39.
Urząd do Spraw Cudzoziemców (Udlændingekontoret)
40.
Urząd Zamówień Publicznych (Kontoret for offentlige indkøb)
41.
Urząd Ochrony Konkurencji i Konsumentów (Kontoret for konkurrence og forbrugerbeskyttelse)
42.
Urząd Lotnictwa Cywilnego (Kontoret for civil luftfart)
43.
Urząd Komunikacji Elektronicznej (Kontoret for elektronisk kommunikation)
44.
Wyższy Urząd Górniczy (Statslig myndighed for minedrift)
45.
Główny Urząd Miar (Det centrale kontor for målinger)
46.
Główny Urząd geodezji i kartografii (Hovedkontoret for geodæsi og kartografi)
47.
Główny Urząd Nadzoru Budowlanego (Generaldirektoratet for byggekontrol)
48.
Główny Urząd Statystyczny (Det centrale kontor for statistik)
49.
Krajowa Rada Radiofonii i Telewizji (Det nationale radioråd)
50.
Generalny Inspektor Ochrony Danych Osobowych (Generalinspektoratet for beskyttelse af personoplysninger)
51.
Państwowa Komisja Wyborcza (Den statslige valgkommission)
52.
Państwowa Inspekcja Pracy (Det nationale arbejdsinspektorat)
53.
Rządowe Centrum Legislacji (Regeringens lovkontor)
54.
Narodowy Fundusz Zdrowia (Den nationale sundhedsfond)
55.
Polska Akademia Nauk (Det polske videnskabernes akademi)
56.
Polskie Centrum Akredytacji (Det polske akkrediteringscenter)
57.
Polskie Centrum Badań i Certyfikacji (Det polske prøvnings- og certificeringscenter)
58.
Polska Organizacja Turystyczna (Polens nationale turistkontor)
59.
Polski Komitet Normalizacyjny (Det polske standardiseringsudvalg)
60.
Zakład Ubezpieczeń Społecznych (Socialsikringsinstitution)
61.
Komisja Nadzoru Finansowego (Det polske finanstilsyn)
62.
Naczelna Dyrekcja Archiwów Państwowych hovedkontor (Hovedkontoret for statens arkiv)
63.
Kasa Rolniczego Ubezpieczenia Społecznego (Landbrugets socialsikringsfond)
64.
Generalna Dyrekcja Dróg Krajowych i Autostrad (Generaldirektoratet for nationale veje og motorveje)
65.
Główny Inspektorat Ochrony Roślin i Nasiennictwa (Det centrale inspektorat for plante- og frøavlsbeskyttelse)
66.
Komenda Główna Państwowej Straży Pożarnej (Hovedkvarteret for statens brandvæsen)
67.
Komenda Główna Policji (Hovedkvarteret for det statslige politi)
68.
Komenda Główna Straży Granicxnej (Hovedkvarteret for grænsekontrollen)
69.
Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych (Hovedinspektoratet for den kommercielle kvalitet af landbrugsfødevarer)
70.
Główny Inspektorat Ochrony Środowiska (Hovedinspektoratet for miljøbeskyttelse)
71.
Główny Inspektorat Transportu Drogowego (Hovedinspektoratet for vejtransport)
72.
Główny Inspektorat Farmaceutyczny (Hovedinspektoratet for lægemidler)
73.
Główny Inspektorat Sanitarny (Hovedinspektoratet for sundhedsanliggender)
74.
Główny Inspektorat Weterynarii (Hovedinspektoratet for veterinæranliggender)
75.
Agencja Bezpieczeństwa Wewnętrznego (Kontoret for den interne sikkerhed)
76.
Agencja Wywiadu (Efterretningstjenesten)
77.
Agencja Mienia Wojskowego (Kontoret for militær ejendom)
78.
Wojskowa Agencja Mieszkaniowa (Kontoret for militære ejendomme)
79.
Agencja Restrukturyzacji i Modernizacji Rolnictwa (Kontoret for omstrukturering og modernisering af landbruget)
80.
Agencja Rynku Rolnego (Kontoret for landbrugsmarkedet)
81.
Agencja Nieruchomości Rolnych (Kontoret for landbrugsejendomme)
82.
Państwowa Agencja Atomistyki (Det nationale atomenergiagentur)
83.
Polska Agencja Żeglugi Powietrznej (Det polske agentur for flynavigationstjenester)
84.
Polska Agencja Rozwiązywania Problemów Alkoholowych (Statsligt organ for forebyggelse af alkoholrelaterede problemer)
85.
Agencja Rezerw Materiałowych (Kontoret for råstofreserver)
86.
Narodowy Bank Polski (Den polske nationalbank)
87.
Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej (Den nationale fond for miljøbeskyttelse og vandforvaltning)
88.
Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych (Den nationale fond for rehabilitering af handicappede)
89.
Instytut Pamięci Narodowej — Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu (Instituttet for national erindring — Kommissionen for retsforfølgning af forbrydelser mod den polske nation)
90.
Rada Ochrony Pamięci Walk i Męczeństwa (Udvalget for beskyttelse af erindring om bekæmpelse og martyrium)
91.
Służba Celna Rzeczypospolitej Polskiej (Det polske toldvæsen)
92.
Państwowe Gospodarstwo Leśne »Lasy Państwowe« (Statsskovforetagendet »Lasy Państwowe«)
93.
Polska Agencja Rozwoju Przedsiębiorczości (Det polske organ for virksomhedsudvikling)
94.
Samodzielne Publiczne Zakłady Opieki Zdrowotnej, jeśli ich organem założycielskim jest minister, centralny organ administracji rządowej lub wojewoda (Offentlige selvstyrende forvaltningsenheder i sundhedssektoren, der er oprettet af en minister, en enhed på centralt niveau eller voivoda).
PORTUGAL
1.
Presidência do Conselho de Ministros (Statsministeriet)
2.
Ministério das Finanças (Finansministeriet)
3.
Ministério da Defesa Nacional (Forsvarsministeriet)
4.
Ministério dos Negócios Estrangeiros e das Comunidades Portuguesas (Ministeriet for udenrigsanliggender og portugisiske samfund)
5.
Ministério da Administração Interna (Indenrigsministeriet)
6.
Ministério da Justiça (Justitsministeriet)
7.
Ministério da Economia (Økonomiministeriet)
8.
Ministério da Agricultura, Desenvolvimento Rural e Pescas (Ministeriet for landbrug, udvikling af landdistrikter og fiskeri)
9.
Ministério da Educação (Undervisningsministeriet)
10.
Ministério da Ciência e do Ensino Superior (Ministeriet for videnskab og videregående uddannelse)
11.
Ministério da Cultura (Kulturministeriet)
12.
Ministério da Saúde (Sundhedsministeriet)
13.
Ministério do Trabalho e da Solidariedade Social (Ministeriet for arbejde og social solidaritet)
14.
Ministério das Obras Públicas, Transportes e Habitação (Ministeriet for offentlige arbejder, transport og boliger)
15.
Ministério das Cidades, Ordenamento do Território e Ambiente (Ministeriet for byer, arealforvaltning og miljø)
16.
Ministério para a Qualificação e o Emprego (Ministeriet for uddannelse og beskæftigelse)
17.
Presidência da Republica (Republikkens præsident)
18.
Tribunal Constitucional (Forfatningsdomstolen)
19.
Tribunal de Contas (Revisionsretten)
20.
Provedoria de Justiça (Ombudsmand)
RUMÆNIEN
Administrația Prezidențială (Præsidentens administration)
Senatul României (Det rumænske senat)
Camera Deputaților (Deputeretkammeret)
Înalta Curte de Casație și Justiție (Højesteret)
Curtea Constituțională (Forfatningsdomstolen)
Consiliul Legislativ (Lovgivningsrådet)
Curtea de Conturi (Revisionsretten)
Consiliul Superior al Magistraturii (Det øverste retsråd)
Parchetul de pe lângă Înalta Curte de Casație și Justiție (Anklagemyndigheden ved højesteret)
Secretariatul General al Guvernului (Regeringens generalsekretariat)
Cancelaria Primului-Ministru (Premierministerens kontor)
Ministerul Afacerilor Externe (Udenrigsministeriet)
Ministerul Economiei și Finanțelor (Økonomi- og finansministeriet)
Ministerul Justiției (Justitsministeriet)
Ministerul Apărării (Forsvarsministeriet)
Ministerul Internelor și Reformei Administrative (Ministeriet for indenrigsanliggender og administration)
Ministerul Muncii, Familiei și Egalității de Sanse (Ministeriet for beskæftigelse og lige muligheder)
Ministerul pentru Intreprinderi Mici și Mijlocii, Comerț, Turism și Profesii Liberale (Ministeriet for små og mellemstore virksomheder, handel, turisme og liberale erhverv)
Ministerul Agriculturii și Dezvoltării Rurale (Ministeriet for landbrug og udvikling af landdistrikter)
Ministerul Transporturilor (Transportministeriet)
Ministerul Dezvoltării, Lucrărilor Publice și Locuinței (Ministeriet for udvikling, offentlige arbejder og boliger)
Ministerul Educației Cercetării și Tineretului (Ministeriet for uddannelse, forskning og ungdom)
Ministerul Sănătății Publice (Sundhedsministeriet)
Ministerul Culturii și Cultelor (Ministeriet for kultur og religiøse anliggender)
Ministerul Comunicațiilor și Tehnologiei Informației (Ministeriet for kommunikations- og informationsteknologi)
Ministerul Mediului și Dezvoltării Durabile (Ministeriet for miljø og bæredygtig udvikling)
Serviciul Român de Informații (Den rumænske efterretningstjeneste)
Serviciul Român de Informații Externe (Den rumænske udenlandske efterretningstjeneste)
Serviciul de Protecție și Pază (Beskyttelses- og overvågningstjenesten)
Serviciul de Telecomunicații Speciale (Den særlige teletjeneste)
Consiliul Național al Audiovizualului (Det nationale audiovisuelle råd)
Consiliul Concurenței (CC) (Konkurrencerådet)
Direcția Națională Anticorupție (Det nationale direktorat til bekæmpelse af korruption)
Inspectoratul General de Polițtie (Det generelle politiinspektorat)
Autoritatea Națională pentru Reglementarea și Monitorizarea Achizițiilor Publice (Den nationale myndighed for regulering af og tilsyn med offentlige indkøb)
Consiliul Național de Soluționare a Contestațiilor (Det nationale råd for tvistbilæggelse)
Autoritatea Națională de Reglementare pentru Serviciile Comunitare de Utilități Publice (ANRSC) (Den nationale myndighed for regulering af offentlig forsyningsvirksomhed)
Autoritatea Națională Sanitară Veterinară și pentru Siguranța Alimentelor (Den nationale myndighed for sundhed, dyresundhed og fødevaresikkerhed)
Autoritatea Națională pentru Protecția Consumatorilor (Den nationale forbrugerbeskyttelsesmyndighed)
Autoritatea Navală Română (Den rumænske søfartsmyndighed)
Autoritatea Feroviară Română (AFER) (Den rumænske jernbanemyndighed)
Autoritatea Rutieră Română (Den rumænske vejmyndighed)
Autoritatea Națională pentru Protecția Drepturilor Copilului-și Adopție (Den nationale myndighed for beskyttelse af børns rettigheder og adoption)
Autoritatea Națională pentru Persoanele cu Handicap (Den nationale myndighed for handicappede)
Autoritatea Națională pentru Tineret (Den nationale ungdomsmyndighed)
Autoritatea Națională pentru Cercetare Stiințifica (Den nationale myndighed for videnskabelig forskning)
Autoritatea Națională pentru Comunicații (Den nationale myndighed for kommunikation)
Autoritatea Națională pentru Serviciile Societății Informaționale (Den nationale myndighed for informationssamfundets tjenester)
Autoritatea Electorala Permanenta (Den permanente valgmyndighed)
Agenția pentru Strategii Guvernamentale (Kontoret for regeringsstrategier)
Agenția Națională a Medicamentului (Det nationale lægemiddelkontor)
Agenția Națională pentru Sport (Det nationale sportsorgan)
Agenția Națională pentru Ocuparea Forței de Muncă (Det nationale beskæftigelsesorgan)
Agenția Națională de Reglementare în Domeniul Energiei (Den nationale myndighed for regulering af elektrisk energi)
Agenția Română pentru Conservarea Energiei (Det rumænske organ for energibevarelse)
Agenția Națională pentru Resurse Minerale (Det nationale organ for mineralressourcer)
Agenția Română pentru Investiții Străine (Det rumænske organ for udenlandske investeringer)
Agenția Națională a Funcționarilor Publici (Det nationale kontor for tjenestemænd)
Agenția Națională de Administrare Fiscală (Det nationale kontor for finanspolitisk administration)
Agenția de Compensare pentru Achiziții de Tehnică Specială (Kontoret for modregning af udbud inden for specialiseret teknik)
Agenția Națională Anti-doping (Det nationale antidopingorgan)
Agenția Nucleară (Organet for nuklear energi)
Agenția Națională pentru Protecția Familiei (Det nationale kontor for beskyttelse af familien)
Agenția Națională pentru Egalitatea de Sanse între Bărbați și Femei (Den nationale myndighed for lige muligheder mellem mænd og kvinder)
Agenția Națională pentru Protecția Mediului (Det nationale organ for beskyttelse af miljøet)
Agenția Națională Antidrog (Det nationale organ for bekæmpelse af narkotika)
SLOVENIEN
1.
Predsednik Republike Slovenije (Præsidenten for Republikken Slovenien)
2.
Državni zbor (Nationalforsamlingen)
3.
Državni svet (Statsrådet)
4.
Varuh človekovih pravic (Ombudsmanden)
5.
Ustavno sodišče (Forfatningsdomstolen)
6.
Računsko sodišče (Revisionsretten)
7.
Državna revizijska Komisja (Den nationale revisionskommission)
8.
Slovenska akademija znanosti in umetnosti (Det slovenske akademi for videnskab og kunst)
9.
Vladne službe (Statslige tjenester)
10.
Ministrstvo za finance (Finansministeriet)
11.
Ministrstvo za notranje zadeve (Indenrigsministeriet)
12.
Ministrstvo za zunanje zadeve (Udenrigsministeriet)
13.
Ministrstvo za obrambo (Forsvarsministeriet)
14.
Ministrstvo za pravosodje (Justitsministeriet)
15.
Ministrstvo za gospodarstvo (Økonomiministeriet)
16.
Ministrstvo za kmetijstvo, gozdarstvo in prehrano (Ministeriet for landbrug, skovbrug og fødevarer)
17.
Ministrstvo za promet (Transportministeriet)
18.
Ministrstvo za okolje, prostor in energijo (Ministeriet for miljø, fysisk planlægning og energi)
19.
Ministrstvo za delo, družino in socialne zadeve (Arbejds-, familie- og socialministeriet).
20.
Ministrstvo za zdravje (Sundhedsministeriet)
21.
Ministrstvo za visoko šolstvo, znanost in tehnogijo (Ministeriet for videregående uddannelse, videnskab og teknologi)
22.
Ministrstvo za kulturo (Kulturministeriet)
23.
Ministerstvo za javno upravo (Ministeriet for offentlig forvaltning)
24.
Vrhovno sodišče Republike Slovenije (Højesteret for Republikken Slovenien)
25.
Višja sodišča (Overordnede domstole)
26.
Okrožna sodišča (Distriktsdomstole)
27.
Okrajna sodišča (Regionaldomstole)
28.
Vrhovno tožilstvo Republike Slovenije (Den øverste anklagemyndighed for Republikken Slovenien)
29.
Okrožna državna tožilstva (Distriktsanklagere)
30.
Družbeni pravobranilec Republike Slovenije (Advokat på det sociale område for Republikken Slovenien)
31.
Državno pravobranilstvo Republike Slovenije (Statsadvokat for Republikken Slovenien)
32.
Upravno sodišče Republike Slovenije (Administrativ domstol for Republikken Slovenien)
33.
Senat za prekrške Republike Slovenije (Senat for mindre forseelser i Republikken Slovenien)
34.
Višje delovno in socialno sodišče v Ljubljani (Højere arbejds- og socialret)
35.
Delovna sodišča (Arbejdsretlige domstole)
36.
Upravne enote (Lokale administrative enheder)
SLOVAKIET
Ministerier og andre statslige myndigheder som omhandlet i lov nr. 575/2001 om regeringens og centraladministrationens opgaver, med senere ændringer:
Ministerstvo hospodárstva Slovenskej republiky (Den Slovakiske Republiks økonomiministerium)
Ministerstvo financií Slovenskej republiky (Den Slovakiske Republiks finansministerium)
Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky (Den Slovakiske Republiks ministerium for transport, byggeri og regionaludvikling)
Ministerstvo pôdohospodárstva a rozvoja vidieka Slovenskej republiky (Den Slovakiske Republiks ministerium for landbrug og udvikling af landdistrikter)
Ministerstvo vnútra Slovenskej republiky (Den Slovakiske Republiks indenrigsministerium)
Ministerstvo obrany Slovenskej republiky (Den Slovakiske Republiks forsvarsministerium)
Ministerstvo spravodlivosti Slovenskej republiky (Den Slovakiske Republiks justitsministerium)
Ministerstvo zahraničných vecí Slovenskej republiky (Den Slovakiske Republiks udenrigsministerium)
Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky (Den Slovakiske Republiks arbejds-, social- og familieministerium)
Ministerstvo životného prostredia Slovenskej republiky (Den Slovakiske Republiks miljøministerium)
Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky (Den Slovakiske Republiks ministerium for uddannelse, videnskab, forskning og sport)
Ministerstvo kultúry Slovenskej republiky (Den Slovakiske Republiks kulturministerium)
Ministerstvo zdravotníctva Slovenskej republiky (Den Slovakiske Republiks sundhedsministerium)
Úrad vlády Slovenskej republiky (Den Slovakiske Republiks regeringskontor)
Protimonopolný úrad Slovenskej republiky (Den Slovakiske Republiks antimonopolkontor)
Štatistický úrad Slovenskej republiky (Den Slovakiske Republiks statistiske kontor)
Úrad geodézie, kartografie a katastra Slovenskej republiky (Den Slovakiske Republiks kontor for landmåling, kartografi og matrikler)
Úrad jadrového dozoru Slovenskej republiky (Den Slovakiske Republiks nukleare myndighed i Den Slovakiske Republik)
Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky (Det slovakiske kontor for standarder, måling og prøvning)
Úrad pre verejné obstarávanie (Kontoret for offentlige udbud)
Úrad priemyselného vlastníctva Slovenskej republiky (Den Slovakiske Republiks kontor for industriel ejendomsret)
Správa štátnych hmotných rezerv Slovenskej republiky (Den Slovakiske Republiks administration af statens materiel)
Národní bezpečnostní úřad (National sikkerhedsmyndighed)
Kancelária prezidenta Slovenskej republiky (Kabinettet for Den Slovakiske Republiks præsident)
Národná rada Slovenskej republiky (Den Slovakiske Republiks Nationalråd)
Ústavný súd Slovenskej republiky (Den Slovakiske Republiks forfatningsdomstol)
Ústavný súd Slovenskej republiky (Den Slovakiske Republiks højesteret)
Generálna prokuratúra Slovenskej republiky (Den Slovakiske Republiks offentlige anklagemyndighed)
Najvyšší kontrolný úrad Slovenskej republiky (Den Slovakiske Republiks øverste revisionsmyndighed)
Telekomunikačný úrad Slovenskej republiky (Den Slovakiske Republiks telekommunikationskontor)
Poštový úrad (Postvæsenet)
Úrad na ochranu osobných údajov (Kontoret for beskyttelse af personoplysninger)
Kancelária verejného ochrancu práv (Ombudsmandens kontor)
Úrad pre finančný trh (Kontoret for finansmarkedet)
FINLAND
OIKEUSKANSLERINVIRASTO — JUSTITIEKANSLERSÄMBETET (KONTORET FOR JUSTITSMINISTEREN)
LIIKENNE- JA VIESTINTÄMINISTERIÖ — KOMMUNIKATIONSMINISTERIET (MINISTERIET FOR TRANSPORT OG KOMMUNIKATION)
Viestintävirasto — Kommunikationsverket (Finsk tilsynsmyndighed for kommunikation)
Ajoneuvohallintokeskus AKE — Fordonsförvaltningscentralen AKE (Finsk køretøjsadministration)
Ilmailuhallinto — Luftfartsförvaltningen (Finsk civil luftfartsmyndighed)
Ilmatieteen laitos — Meteorologiska institutet (Finsk meteorologisk institut)
Merenkulkulaitos — Sjöfartsverket (Finsk skibsfartsmyndighed)
Merentutkimuslaitos — Havsforskningsinstitutet (Finsk havforskningsinstitut)
Ratahallintokeskus RHK — Banförvaltningscentralen RHK (Jernbaneforvaltning)
Rautatievirasto — Järnvägsverket (Finsk jernbaneorgan)
Tiehallinto — Vägförvaltningen (Vejvæsenet)
MAA- JA METSÄTALOUSMINISTERIÖ — JORD- OCH SKOGSBRUKSMINISTERIET (MINISTERIET FOR LANDBRUG OG SKOVBRUG)
Elintarviketurvallisuusvirasto — Livsmedelssäkerhetsverket (finsk myndighed for fødevaresikkerhed)
Maanmittauslaitos — Lantmäteriverket (finsk landmålermyndighed)
Maaseutuvirasto — Landsbygdsverket (Organ for landområder)
OIKEUSMINISTERIÖ — JUSTITIEMINISTERIET (JUSTITSMINISTERIET)
Tietosuojavaltuutetun toimisto — Dataombudsmannens byrå (Ombudsmanden for beskyttelse af personloplysninger)
Tuomioistuimet — domstolar (Domstole)
Korkein oikeus — Högsta domstolen (Højesteret)
Korkein hallinto-oikeus — Högsta förvaltningsdomstolen (Den øverste administrative domstol)
Hovioikeudet — hovrätter (Appeldomstole)
Käräjäoikeudet — tingsrätter (Distriktsdomstole)
Hallinto-oikeudet — förvaltningsdomstolar (Administrative domstole)
Markkinaoikeus — Marknadsdomstolen (Markedsdomstol)
Työtuomioistuin — Arbetsdomstolen (Arbejdsretlig domstol)
Vakuutusoikeus — Försäkringsdomstolen (Forsikringsdomstol)
Kuluttajariitalautakunta — Konsumenttvistenämnden (Forbrugerklagenævn)
Vankeinhoitolaitos — Fångvårdsväsendet (Fængselsvæsen)
HEUNI — Yhdistyneiden Kansakuntien yhteydessä toimiva Euroopan kriminaalipolitiikan instituutti — HEUNI — Europeiska institutet för kriminalpolitik, verksamt i anslutning till Förenta Nationerna (Det europæiske institut for kriminalitetsforebyggelse- og bekæmpelse)
Konkurssiasiamiehen toimisto — Konkursombudsmannens byrå (Ombudsmandens kontor for konkurs)
Oikeushallinnon palvelukeskus — Justitieförvaltningens servicecentral (Juridisk tjeneste)
Oikeushallinnon tietotekniikkakeskus — Justitieförvaltningens datateknikcentral (Juridisk administrativ datateknikcentral)
Oikeuspoliittinen tutkimuslaitos (Optula) — Rättspolitiska forskningsinstitutet (Retspolitisk institut)
Oikeusrekisterikeskus — Rättsregistercentralen (Retsregistercentralen)
Onnettomuustutkintakeskus — Centralen för undersökning av olyckor (Centralen for undersøgelse af ulykker)
Rikosseuraamusvirasto — Brottspåföljdsverket (Organet for strafferetlige sanktioner)
Rikosseuraamusalan koulutuskeskus — Brottspåföljdsområdets utbildningscentral (Uddannelsesinstitut for kriminalforsorgen)
Rikoksentorjuntaneuvosto Rådet för brottsförebyggande (Det nationale råd for forebyggelse af kriminalitet)
Saamelaiskäräjät — Sametinget (Det samiske parlament)
Valtakunnansyyttäjänvirasto — Riksåklagarämbetet (Rigsanklagemyndigheden)
OPETUSMINISTERIÖ — UNDERVISNINGSMINISTERIET
Opetushallitus — Utbildningsstyrelsen (Det nationale uddannelsesnævn)
Valtion elokuvatarkastamo — Statens filmgranskningsbyrå (Det finske filmklassificeringsnævn)
PUOLUSTUSMINISTERIÖ — FÖRSVARSMINISTERIET (FORSVARSMINISTERIET)
Puolustusvoimat — Försvarsmakten (Det finske forsvar)
SISÄASIAINMINISTERIÖ — INRIKESMINISTERIET (INDENRIGSMINISTERIET)
Keskusrikospoliisi — Centralkriminalpolisen (Det centrale kriminalpoliti)
Liikkuva poliisi — rörliga Polisen (Færdselspolitiet)
Rajavartiolaitos — Gränsbevakningsväsendet (Grænsekontrollen)
Suojelupoliisi — Skyddspolisen (Sikkerhedspoliti)
Poliisiammattikorkeakoulu — Polisyrkeshögskolan (Politiakademiet)
Poliisin tekniikkakeskus — Polisens teknikcentral (Politiets tekniske center)
Pelastusopisto — Räddningsverket (Redningstjenesten)
Hätäkeskuslaitos — Nödcentralsverket (Nødcentralen)
Maahanmuuttovirasto — Migrationsverket (Udlændingemyndighed)
Sisäasiainhallinnon palvelukeskus — Inrikesförvaltningens servicecentral (Indenrigsforvaltningens servicecentral)
Helsingin kihlakunnan poliisilaitos — Polisinrättningen i Helsingfors (Politiet i Helsingfors)
Valtion turvapaikanhakijoiden vastaanottokeskukset — Statliga förläggningar för asylsökande (Modtagelsescentre for asylansøgere)
SOSIAALI- JA TERVEYSMINISTERIÖ — SOCIAL- OCH HÄLSOVÅRDSMINISTERIET (SOCIAL- OG SUNDHEDSMINISTERIET)
Työttömyysturvalautakunta — Besvärsnämnden för utkomstskyddsärenden (Klageinstans for arbejdsløse)
Sosiaaliturvan muutoksenhakulautakunta — Besvärsnämnden för socialtrygghet (Klageinstans)
Lääkelaitos — Läkemedelsverket (Den nationale lægemiddelstyrelse)
Terveydenhuollon oikeusturvakeskus — Rättsskyddscentralen för hälsovården (National myndighed for retsmedicinske spørgsmål)
Säteilyturvakeskus — Strålsäkerhetscentralen (Det finske center for strålingssikkerhed og nuklear sikkerhed)
Kansanterveyslaitos — Folkhälsoinstitutet (Det nationale folkesundhedsinstitut)
Lääkehoidon kehittämiskeskus ROHTO — Utvecklingscentralen för läkemedelsbehandling (Centret for udvikling af farmakoterapi ROHTO)
Sosiaali- ja terveydenhuollon tuotevalvontakeskus — Social- och hälsovårdens produkttill-synscentral (Det nationale organ for produktkontrol)
Sosiaali- ja terveysalan tutkimus- ja kehittämiskeskus Stakes — Forsknings- och utvecklingscentralen för social- och hälsovården Stakes (Centret for forskning og udvikling inden for sundhed og social bistand STAKES)
TYÖ- JA ELINKEINOMINISTERIÖ — ARBETS- OCH NÄRINGSMINISTERIET (MINISTERIET FOR BESKÆFTIGELSE OG ØKONOMI)
Kuluttajavirasto — Konsumentverket (Det finske forbrugerorgan)
Kilpailuvirasto — Konkurrensverket (Den finske konkurrencemyndighed)
Patentti- ja rekisterihallitus — Patent- och registerstyrelsen (Det nationale patent- og registreringsorgan)
Valtakunnansovittelijain toimisto — Riksförlikningsmännens byrå (Kontoret for den nationale forligsinstitution)
Työneuvosto — Arbetsrådet (Arbejdsrådet)
Energiamarkkinavirasto — Energimarknadsverket (Myndighed vedrørende energimarkedet)
Geologian tutkimuskeskus — Geologiska forskningscentralen (Den geologiske forskningscentral)
Huoltovarmuuskeskus — Försörjningsberedskapscentralen (Forsyningscentralen for det nationale nødberedskab)
Kuluttajatutkimuskeskus — Konsumentforskningscentralen (Det nationale forskningscenter for forbrugeranliggender)
Matkailun edistämiskeskus (MEK) — Centralen för turistfrämjande (Det finske turistråd)
Mittatekniikan Keskus (Mikes) — Mätteknikcentralen (Center for måling og akkreditering)
Tekes — teknologian ja innovaatioiden kehittämiskeskus — Tekes — utvecklingscentralen för teknologi och innovationer (Udviklingscentral for teknologi og innovationer)
Turvatekniikan keskus (TUKES) — Säkerhetsteknikcentralen (Myndighed vedrørende sikkerhedsteknologi)
Valtion teknillinen tutkimuskeskus (VTT) — Statens tekniska forskningscentral (VTT — teknisk forskningscenter)
Syrjintälautakunta — Nationella diskrimineringsnämnden (Diskrimineringsnævnet)
Vähemmistövaltuutetun toimisto — Minoritetsombudsmannens byrå (Kontoret for ombudsmanden for mindretal)
ULKOASIAINMINISTERIÖ — UTRIKESMINISTERIET (UDENRIGSMINISTERIET)
VALTIONEUVOSTON KANSLIA — STATSRÅDETS KANSLI (PREMIERMINISTERENS KONTOR)
VALTIOVARAINMINISTERIÖ — FINANSMINISTERIET
Valtiokonttori — Statskontoret (Kontoret vedrørende statskassen)
Verohallinto — Skatteförvaltningen (Skatteforvaltningen)
Tullilaitos — Tullverket (Toldvæsen)
Tilastokeskus — Statistikcentralen (Finlands Statistik)
Valtiontaloudellinen tutkimuskeskus — Statens ekonomiska forskiningscentral (Statens institut for økonomisk forskning)
Väestörekisterikeskus — Befolkningsregistercentralen (Folkeregister)
YMPÄRISTÖMINISTERIÖ — MILJÖMINISTERIET (MILJØMINISTERIET)
Suomen ympäristökeskus — Finlands miljöcentral (Finsk miljøinstitut)
Asumisen rahoitus- ja kehityskeskus — Finansierings- och utvecklingscentralen för boendet (Det finske center for boligfinansiering og -udvikling)
VALTIONTALOUDEN TARKASTUSVIRASTO — STATENS REVISIONSVERK (NATIONAL REVISIONSMYNDIGHED)
SVERIGE
Royal Academy of Fine Arts
Akademien för de fria konsterna
National Board for Consumer Complaints
Allmänna reklamationsnämnden
Labour Court
Arbetsdomstolen
Swedish Employment Services
Arbetsförmedlingen
National Agency for Government Employers
Arbetsgivarverk, statens
National Institute for Working Life
Arbetslivsinstitutet
Swedish Work Environment Authority
Arbetsmiljöverket
Swedish Inheritance Fund Commission
Arvsfondsdelegationen
Museum of Architecture
Arkitekturmuseet
National Archive of Recorded Sound and Moving Images
Ljud och bildarkiv, statens
The Office of the Childrens' Ombudsman
Barnombudsmannen
Swedish Council on Technology Assessment in Health Care
Beredning för utvärdering av medicinsk metodik, statens
Royal Library
Kungliga Biblioteket
National Board of Film Censors
Biografbyrå, statens
Dictionary of Swedish Biography
Biografiskt lexikon, svenskt
Swedish Accounting Standards Board
Bokföringsnämnden
Swedish Companies Registration Office
Bolagsverket
National Housing Credit Guarantee Board
Bostadskreditnämnd, statens (BKN)
National Housing Board
Boverket
National Council for Crime Prevention
Brottsförebyggande rådet
Criminal Victim Compensation and Support Authority
Brottsoffermyndigheten
National Board of Student Aid
Centrala studiestödsnämnden
Data Inspection Board
Datainspektionen
Ministries (Government Departments)
Departementen
National Courts Administration
Domstolsverket
National Electrical Safety Board
Elsäkerhetsverket
Swedish Energy Markets Inspectorate
Energimarknadsinspektionen
Export Credits Guarantee Board
Exportkreditnämnden
Swedish Fiscal Policy Council
Finanspolitiska rådet
Financial Supervisory Authority
Finansinspektionen
National Board of Fisheries
Fiskeriverket
National Institute of Public Health
Folkhälsoinstitut, statens
Swedish Research Council for Environment
Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas
National Fortifications Administration
Fortifikationsverket
National Mediation Office
Medlingsinstitutet
Defence Material Administration
Försvarets materielverk
National Defence Radio Institute
Försvarets radioanstalt
Swedish Museums of Military History
Försvarshistoriska museer, statens
National Defence College
Försvarshögskolan
The Swedish Armed Forces
Försvarsmakten
Social Insurance Office
Försäkringskassan
Geological Survey of Sweden
Geologiska undersökning, Sveriges
Geotechnical Institute
Geotekniska institut, statens
The National Rural Development Agency
Glesbygdsverket
Graphic Institute and the Graduate School of Communications
Grafiska institutet och institutet för högre kommunikations- och reklamutbildning
The Swedish Broadcasting Commission
Granskningsnämnden för Radio och TV
Swedish Government Seamen's Service
Handelsflottans kultur- och fritidsråd
Ombudsman for the Disabled
Handikappombudsmannen
Board of Accident Investigation
Haverikommission, statens
Courts of Appeal (6)
Hovrätterna (6)
Regional Rent and Tenancies Tribunals (12)
Hyres- och arendenämnder (12)
Committee on Medical Responsibility
Hälso- och sjukvårdens ansvarsnämnd
National Agency for Higher Education
Högskoleverket
Supreme Court
Högsta domstolen
National Institute for Psycho-Social Factors and Health
Institut för psykosocial miljömedicin, statens
National Institute for Regional Studies
Institut för tillväxtpolitiska studier
Swedish Institute of Space Physics
Institutet för rymdfysik
International Programme Office for Education and Training
Internationella programkontoret för utbildningsområdet
Swedish Migration Board
Migrationsverket
Swedish Board of Agriculture
Jordbruksverk, statens
Office of the Chancellor of Justice
Justitiekanslern
Office of the Equal Opportunities Ombudsman
Jämställdhetsombudsmannen
National Judicial Board of Public Lands and Funds
Kammarkollegiet
Administrative Courts of Appeal (4)
Kammarrätterna (4)
National Chemicals Inspectorate
Kemikalieinspektionen
National Board of Trade
Kommerskollegium
Swedish Agency for Innovation Systems
Verket för innovationssystem (VINNOVA)
National Institute of Economic Research
Konjunkturinstitutet
Swedish Competition Authority
Konkurrensverket
College of Arts, Crafts and Design
Konstfack
College of Fine Arts
Konsthögskolan
National Museum of Fine Arts
Nationalmuseum
Arts Grants Committee
Konstnärsnämnden
National Art Council
Konstråd, statens
National Board for Consumer Policies
Konsumentverket
National Laboratory of Forensic Science
Kriminaltekniska laboratorium, statens
Prison and Probation Service
Kriminalvården
National Paroles Board
Kriminalvårdsnämnden
Swedish Enforcement Authority
Kronofogdemyndigheten
National Council for Cultural Affairs
Kulturråd, statens
Swedish Coast Guard
Kustbevakningen
National Land Survey
Lantmäteriverket
Royal Armoury
Livrustkammaren/Skoklosters slott/ Hallwylska museet
National Food Administration
Livsmedelsverk, statens
The National Gaming Board
Lotteriinspektionen
Medical Products Agency
Läkemedelsverket
County Administrative Courts (24)
Länsrätterna (24)
County Administrative Boards (24)
Länsstyrelserna (24)
National Government Employee and Pensions Board
Pensionsverk, statens
Market Court
Marknadsdomstolen
Swedish Meteorological and Hydrological Institute
Meteorologiska och hydrologiska institut, Sveriges
Modern Museum
Moderna museet
Swedish National Collections of Music
Musiksamlingar, statens
Swedish Agency for Disability Policy Coordination
Myndigheten för handikappolitisk samordning
Swedish Agency for Networks and Cooperation in Higher Education
Myndigheten för nätverk och samarbete inom högre utbildning
Commission for state grants to religious communities
Nämnden för statligt stöd till trossamfun
Museum of Natural History
Naturhistoriska riksmuseet
National Environmental Protection Agency
Naturvårdsverket
Scandinavian Institute of African Studies
Nordiska Afrikainstitutet
Nordic School of Public Health
Nordiska högskolan för folkhälsovetenskap
Recorders Committee
Notarienämnden
Swedish National Board for Intra Country Adoptions
Myndigheten för internationella adoptionsfrågor
Swedish Agency for Economic and Regional Growth
Verket för näringslivsutveckling (NUTEK)
Office of the Ethnic Discrimination Ombudsman
Ombudsmannen mot etnisk diskriminering
Court of Patent Appeals
Patentbesvärsrätten
Patents and Registration Office
Patent- och registreringsverket
Swedish Population Address Register Board
Personadressregisternämnd statens, SPAR-nämnden
Swedish Polar Research Secretariat
Polarforskningssekretariatet
Press Subsidies Council
Presstödsnämnden
The Council of the European Social Fund in Sweden
Rådet för Europeiska socialfonden i Sverige
The Swedish Radio and TV Authority
Radio- och TV-verket
Government Offices
Regeringskansliet
Supreme Administrative Court
Regeringsrätten
Central Board of National Antiquities
Riksantikvarieämbetet
National Archives
Riksarkivet
Bank of Sweden
Riksbanken
Parliamentary Administrative Office
Riksdagsförvaltningen
The Parliamentary Ombudsmen
Riksdagens ombudsmän, JO
The Parliamentary Auditors
Riksdagens revisorer
National Debt Office
Riksgäldskontoret
National Police Board
Rikspolisstyrelsen
National Audit Bureau
Riksrevisionen
Travelling Exhibitions Service
Riksutställningar, Stiftelsen
National Space Board
Rymdstyrelsen
Swedish Council for Working Life and Social Research
Forskningsrådet för arbetsliv och socialvetenskap
National Rescue Services Board
Räddningsverk, statens
Regional Legal-aid Authority
Rättshjälpsmyndigheten
National Board of Forensic Medicine
Rättsmedicinalverket
Sami (Lapp) School Board
Sameskolstyrelsen och sameskolor
Sami (Lapp) Schools
National Maritime Administration
Sjöfartsverket
National Maritime Museums
Maritima museer, statens
Swedish Commission on Security and Integrity Protection
Säkerhets- och intregritetsskyddsnämnden
Swedish Tax Agency
Skatteverket
National Board of Forestry
Skogsstyrelsen
National Agency for Education
Skolverk, statens
Swedish Institute for Infectious Disease Control
Smittskyddsinstitutet
National Board of Health and Welfare
Socialstyrelsen
National Inspectorate of Explosives and Flammables
Sprängämnesinspektionen
Statistics Sweden
Statistiska centralbyrån
Agency for Administrative Development
Statskontoret
Swedish Radiation Safety Authority
Strålsäkerhetsmyndigheten
Swedish International Development Cooperation Authority
Styrelsen för internationellt utvecklings- samarbete, SIDA
National Board of Psychological Defence and Conformity Assessment
Styrelsen för psykologiskt försvar
Swedish Board for Accreditation
Styrelsen för ackreditering och teknisk kontroll
Swedish Institute
Svenska Institutet, stiftelsen
Library of Talking Books and Braille Publications
Talboks- och punktskriftsbiblioteket
District and City Courts (97)
Tingsrätterna (97)
Judges Nomination Proposal Committee
Tjänsteförslagsnämnden för domstolsväsendet
Armed Forces' Enrolment Board
Totalförsvarets pliktverk
Swedish Defence Research Agency
Totalförsvarets forskningsinstitut
Swedish Board of Customs
Tullverket
Swedish Tourist Authority
Turistdelegationen
The National Board of Youth Affairs
Ungdomsstyrelsen
Universities and University Colleges
Universitet och högskolor
Aliens Appeals Board
Utlänningsnämnden
National Seed Testing and Certification Institute
Utsädeskontroll, statens
Swedish National Road Administration
Vägverket
National Water Supply and Sewage Tribunal
Vatten- och avloppsnämnd, statens
National Agency for Higher Education
Verket för högskoleservice (VHS)
Swedish Agency for Economic and Regional Development
Verket för näringslivsutveckling (NUTEK)
Swedish Research Council
Vetenskapsrådet'
National Veterinary Institute
Veterinärmedicinska anstalt, statens
Swedish National Road and Transport Research Institute
Väg- och transportforskningsinstitut, statens
National Plant Variety Board
Växtsortnämnd, statens
Swedish Prosecution Authority
Åklagarmyndigheten
Swedish Emergency Management Agency
Krisberedskapsmyndigheten
Board of Appeals of the Manna Mission
Överklagandenämnden för nämndemannauppdrag
DET FORENEDE KONGERIGE
Cabinet Office
Office of the Parliamentary Counsel
Central Office of Information
Charity Commission
Crown Estate Commissioners (Vote Expenditure Only)
Crown Prosecution Service
Department for Business, Enterprise and Regulatory Reform
Competition Commission
Gas and Electricity Consumers' Council
Office of Manpower Economics
Department for Children, Schools and Families
Department of Communities and Local Government
Rent Assessment Panels
Department for Culture, Media and Sport
British Library
British Museum
Commission for Architecture and the Built Environment
The Gambling Commission
Historic Buildings and Monuments Commission for England (English Heritage)
Imperial War Museum
Museums, Libraries and Archives Council
National Gallery
National Maritime Museum
National Portrait Gallery
Natural History Museum
Science Museum
Tate Gallery
Victoria and Albert Museum
Wallace Collection
Department for Environment, Food and Rural Affairs
Agricultural Dwelling House Advisory Committees
Agricultural Land Tribunals
Agricultural Wages Board and Committees
Cattle Breeding Centre
Countryside Agency
Plant Variety Rights Office
Royal Botanic Gardens, Kew
Royal Commission on Environmental Pollution
Department of Health
Dental Practice Board
National Health Service Strategic Health Authorities
NHS Trusts
Prescription Pricing Authority
Department for Innovation, Universities and Skills
Higher Education Funding Council for England
National Weights and Measures Laboratory
Patent Office
Department for International Development
Department of the Procurator General and Treasury Solicitor
Legal Secretariat to the Law Officers
Department for Transport
Maritime and Coastguard Agency
Department for Work and Pensions
Disability Living Allowance Advisory Board
Independent Tribunal Service
Medical Boards and Examining Medical Officers (War Pensions)
Occupational Pensions Regulatory Authority
Regional Medical Service
Social Security Advisory Committee
Export Credits Guarantee Department
Foreign and Commonwealth Office
Wilton Park Conference Centre
Government Actuary's Department
Government Communications Headquarters
Home Office
HM Inspectorate of Constabulary
House of Commons
House of Lords
Ministry of Defence
Defence Equipment & Support
Meteorological Office
Ministry of Justice
Boundary Commission for England
Combined Tax Tribunal
Council on Tribunals
Court of Appeal — Criminal
Employment Appeals Tribunal
Employment Tribunals
HMCS Regions, Crown, County and Combined Courts (England and Wales)
Immigration Appellate Authorities
Immigration Adjudicators
Immigration Appeals Tribunal
Lands Tribunal
Law Commission
Legal Aid Fund (England and Wales)
Office of the Social Security Commissioners
Parole Board and Local Review Committees
Pensions Appeal Tribunals
Public Trust Office
Supreme Court Group (England and Wales)
Transport Tribunal
The National Archives
National Audit Office
National Savings and Investments
National School of Government
Northern Ireland Assembly Commission
Northern Ireland Court Service
Coroners Courts
County Courts
Court of Appeal and High Court of Justice in Northern Ireland
Crown Court
Enforcement of Judgements Office
Legal Aid Fund
Magistrates' Courts
Pensions Appeals Tribunals
Northern Ireland, Department for Employment and Learning
Northern Ireland, Department for Regional Development
Northern Ireland, Department for Social Development
Northern Ireland, Department of Agriculture and Rural Development
Northern Ireland, Department of Culture, Arts and Leisure
Northern Ireland, Department of Education
Northern Ireland, Department of Enterprise, Trade and Investment
Northern Ireland, Department of the Environment
Northern Ireland, Department of Finance and Personnel
Northern Ireland, Department of Health, Social Services and Public Safety
Northern Ireland, Office of the First Minister and Deputy First Minister
Northern Ireland Office
Crown Solicitor's Office
Department of the Director of Public Prosecutions for Northern Ireland
Forensic Science Laboratory of Northern Ireland
Office of the Chief Electoral Officer for Northern Ireland
Police Service of Northern Ireland
Probation Board for Northern Ireland
State Pathologist Service
Office of Fair Trading
Office for National Statistics
National Health Service Central Register
Office of the Parliamentary Commissioner for Administration and Health Service Commissioners
Paymaster General's Office
Postal Business of the Post Office
Privy Council Office
Public Record Office
HM Revenue and Customs
The Revenue and Customs Prosecutions Office
Royal Hospital, Chelsea
Royal Mint
Rural Payments Agency
Scotland, Auditor-General
Scotland, Crown Office and Procurator Fiscal Service
Scotland, General Register Office
Scotland, Queen's and Lord Treasurer's Remembrancer
Scotland, Registers of Scotland
The Scotland Office
The Scottish Ministers
Architecture and Design Scotland
Crofters Commission
Deer Commission for Scotland
Lands Tribunal for Scotland
National Galleries of Scotland
National Library of Scotland
National Museums of Scotland
Royal Botanic Garden, Edinburgh
Royal Commission on the Ancient and Historical Monuments of Scotland
Scottish Further and Higher Education Funding Council
Scottish Law Commission
Community Health Partnerships
Special Health Boards
Health Boards
The Office of the Accountant of Court
High Court of Justiciary
Court of Session
HM Inspectorate of Constabulary
Parole Board for Scotland
Pensions Appeal Tribunals
Scottish Land Court
Sheriff Courts
Scottish Police Services Authority
Office of the Social Security Commissioners
The Private Rented Housing Panel and Private Rented Housing Committees
Keeper of the Records of Scotland
The Scottish Parliamentary Body Corporate
HM Treasury
Office of Government Commerce
United Kingdom Debt Management Office
The Wales Office (Office of the Secretary of State for Wales)
The Welsh Ministers
Higher Education Funding Council for Wales
Local Government Boundary Commission for Wales
The Royal Commission on the Ancient and Historical Monuments of Wales
Valuation Tribunals (Wales)
Welsh National Health Service Trusts and Local Health Boards
Welsh Rent Assessment Panels
Bemærkninger til Den Europæiske Unions bilag 19-1
1.
Udbud, der gennemføres af ordregivere, der er omfattet af dette bilag, vedrørende vare- eller tjenesteelementer, der indgår i udbud, og som ikke i sig selv er omfattet af dette kapitel, betragtes ikke som omfattede udbud.
2.
»Medlemsstaterne i Den Europæiske Unions kontraherende myndigheder« omfatter også alle underordnede ordregivere under en hvilken som helst kontraherende myndighed i en medlemsstat i Den Europæiske Union, forudsat at de ikke har status som særskilt juridisk person.
3.
Hvad angår kontrakter indgået af ordregivere på forsvars- og sikkerhedsområdet er kun ikkefølsomt materiel og ikkekrigsmateriel, der er medtaget på den til bilag 19-4 knyttede liste, omfattet.
(
1
)
  Postvirksomhed i henhold til lov af 24. december 1993.
(
2
)
  Fungerer som indkøbscentral for hele den offentlige forvaltning i Italien.
BILAG 19-2
Sub-centrale offentlige ordregivere der foretager udbud i overensstemmelse med bestemmelserne i dette kapitel
Afdeling A: Alle regionale og lokale ordregivende myndigheder
1.
Alle ordregivende myndigheder i de administrative enheder som defineret i forordning 1059/2003 — NUTS-forordningen.
2.
I dette kapitel forstås ved »regionale ordregivende myndigheder«: ordregivende myndigheder i de administrative enheder, der hører under NUTS 1 og 2, jf. forordning nr. 1059/2003 — NUTS-forordningen.
3.
I dette kapitel forstås ved »lokale ordregivende myndigheder«: ordregivende myndigheder i de administrative enheder, der hører under NUTS 3 og mindre administrative enheder, jf. forordning nr. 1059/2003 — NUTS-forordningen.
Varer
Specificeret i bilag 19-4
Tærskelværdi
200 000  SDR
Tjenesteydelser
Specificeret i bilag 19-5
Tærskelværdi
200 000  SDR
Koncessioner om tjenesteydelser og arbejder inden for bygge- og anlægsvirksomhed
Specificeret i bilag 19-6
Tærskelværdi
5 000 000 0 SDR.
Afdeling B: Alle ordregivende myndigheder, som er offentligretlige organer som defineret i Den Europæiske Unions direktiv om offentlige udbud
Varer
Specificeret i bilag 19-4
Tærskelværdi — for hospitaler, skoler, universiteter, og ordregivere, der leverer sociale tjenesteydelser (boliger, socialsikring, dagpleje), og som er offentligretlige organer:
200 000  SDR
For andre ordregivere:
355 000  SDR
Tjenesteydelser
Specificeret i bilag 19-5
Tærskelværdi for hospitaler, skoler, universiteter, og ordregivere, der leverer sociale tjenesteydelser (boliger, social sikring, dagpleje), og som er offentligretlige organer:
200 000  SDR
For andre ordregivere:
355 000  SDR
Koncessioner om tjenesteydelser og arbejder inden for bygge- og anlægsvirksomhed
Specificeret i bilag 19-6
Tærskelværdi
5 000 000  SDR
Ved »
               
offentligretligt organ
« forstås ethvert organ:
a)
der er oprettet specielt med henblik på at imødekomme almenhedens behov, dog ikke behov af industriel eller kommerciel karakter,
b)
der har status som juridisk person, og
c)
der for størstedelens vedkommende finansieres af staten, regionale eller lokale myndigheder eller af andre offentligretlige organer eller er underlagt ledelsesmæssig kontrol af disse myndigheder eller organer eller har et administrations-, ledelses- eller tilsynsorgan, hvor mere end halvdelen af medlemmerne udpeges af staten, regionale eller lokale myndigheder eller andre offentligretlige organer.
Bemærkninger til Den Europæiske Unions bilag 19-2
1.
Udbud, der gennemføres af ordregivere, der er omfattet af dette bilag, vedrørende vare- eller tjenesteelementer, der indgår i udbud, og som ikke i sig selv er omfattet af dette kapitel, betragtes ikke som omfattede udbud.
2.
Den Europæiske Union er rede til at medtage let identificerbare kategorier af organer, der er offentligretligt reguleret, i bilag 19-2 (inden for områder, som f.eks. sociale tjenesteydelser eller biblioteker) i henhold til en lavere tærskelværdi (200 000 SDR), hvis Canada godtgør, at den samme tærskelværdi gælder for de samme typer af enheder i Canada.
BILAG 19-3
Forsyningsenheder, der foretager udbud i overensstemmelse med bestemmelserne i dette kapitel
Varer
Specificeret i bilag 19-4
Tærskelværdi
400 000  SDR
Tjenesteydelser
Specificeret i bilag 19-5
Tærskelværdi
400 000  SDR
Koncessioner om tjenesteydelser og arbejder inden for bygge- og anlægsvirksomhed
Specificeret i bilag 19-6
Tærskelværdi
5 000 000  SDR
Alle ordregivere, hvis udbud er omfattet af Den Europæiske Unions forsyningsvirksomhedsdirektiv, som er ordregivende myndigheder (f.eks. de ordregivere, der er omfattet af bilag 19-1 og 19-2) eller offentlige virksomheder 
(
1
)
, og som beskæftiger sig med en af nedennævnte aktiviteter eller alle kombinationer heraf:
a)
tilrådighedsstillelse eller drift af faste net til betjening af offentligheden i forbindelse med produktion, transport eller distribution af drikkevand eller forsyning af disse net 
(
2
)
 med drikkevand
b)
tilrådighedsstillelse eller drift af faste net til betjening af offentligheden i forbindelse med produktion, transport eller distribution af elektricitet, gas eller varme eller forsyning af disse net med elektricitet, gas eller varme
c)
tilrådighedsstillelse eller drift af net 
(
3
)
 til betjening af offentligheden inden for bytransport (herunder jernbane, automatiske systemer, sporvogn, trolleybus, bus eller kabel) 
(
4
)
d)
tilrådighedsstillelse eller drift af net til betjening af offentligheden inden for transport med jernbane.
Bemærkninger til Den Europæiske Unions bilag 19-3
1.
Kontrakter med henblik på udøvelse af en af ovennævnte aktiviteter, som er udsat for almindelige konkurrencevilkår på det berørte marked, er ikke omfattet af denne aftale.
2.
Dette kapitel finder ikke anvendelse på kontrakter, der tildeles af ordregivere, som er omfattet af dette bilag, med henblik på:
a)
indkøb af vand eller energiforsyning eller levering af brændstoffer til produktion af energi
b)
andre formål end udøvelse af deres aktiviteter som opført i dette bilag eller udøvelse af disse aktiviteter i et ikke-EØS-land
c)
videresalg eller udlejning til tredjemand, forudsat at ordregiveren ikke besidder særlige eller eksklusive rettigheder til at sælge eller udleje genstanden for sådanne kontrakter, og at det står andre ordregivere frit for at sælge eller udleje den på de samme betingelser som ordregiveren.
3.
Når en ordregiver, som ikke er en ordregivende myndighed, forsyner net, som skal betjene offentligheden med drikkevand eller elektricitet, betragtes dette ikke som en form for virksomhed som omhandlet i litra a) eller b) i dette bilag, når:
a)
den pågældende ordregivers produktion af drikkevand eller elektricitet finder sted, fordi forbruget af det producerede drikkevand er nødvendigt for udøvelsen af en anden aktivitet end dem, der er omhandlet i litra a)-d) i dette bilag, og
b)
forsyningen af det offentlige net kun afhænger af ordregiverens eget forbrug og ikke har oversteget 30 % af dennes samlede drikkevands- eller energiproduktion beregnet som et gennemsnit over de sidste tre år, heri medregnet det løbende år.
4.
Når en ordregiver, som ikke er en ordregivende myndighed, forsyner net, som skal betjene offentligheden med gas eller varme, betragtes dette ikke som en relevant form for virksomhed som omhandlet i dette bilags litra b), når:
a)
den pågældende ordregivers produktion af gas eller varme finder sted, fordi forbruget heraf er nødvendigt for udøvelsen af en anden form for virksomhed end den, der er omhandlet i dette bilags litra a)-d), og
b)
forsyningen af det offentlige net kun tager sigte på en rationel udnyttelse af denne produktion og svarer til højst 20 % af ordregiverens omsætning beregnet som et gennemsnit over de sidste tre år, heri medregnet det løbende år.
5.
a)
Er betingelserne i litra b) opfyldt, finder dette kapitel ikke anvendelse på kontrakter:
i)
som en ordregiver indgår med en tilknyttet virksomhed 
(
5
)
, eller
ii)
der indgås af et joint venture udelukkende bestående af flere ordregivere med henblik på udøvelse af de i litra a)-d) i dette bilag omhandlede former for virksomhed med en virksomhed, der er tilknyttet en af disse ordregivere.
b)
Litra a) finder anvendelse for tjenesteydelser eller indkøbskontrakter, hvis mindst 80 % af den gennemsnitlige omsætning af tjenesteydelser eller indkøb, som den tilknyttede virksomhed har haft i løbet af de seneste tre år, hidrører fra leveringen af sådanne tjenesteydelser eller indkøb til de virksomheder, som den er tilknyttet 
(
6
)
.
6.
Dette kapitel finder ikke anvendelse på kontrakter, der indgås:
a)
af et joint venture udelukkende bestående af flere ordregivere med henblik på udøvelse af de i litra a)-d) omhandlede former for virksomhed med en af disse ordregivere, eller
b)
af en ordregiver med et sådant joint venture, som den er en del af, hvis joint venturet er oprettet for at udføre den pågældende aktivitet over en periode på mindst tre år, og hvis det i det instrument, der opretter joint venturet, er angivet, at de ordregivere, det udgøres af, vil være del af det i mindst den samme periode.
7.
Dette kapitel gælder ikke udbud foretaget af ordregivere, der er omfattet af dette bilag, med henblik på udnyttelse af et geografisk område til efterforskning efter eller udvinding af olie, gas, kul eller andet fast brændsel.
(
1
)
  Ifølge Den Europæiske Unions forsyningsvirksomhedsdirektiv er en offentlig virksomhed enhver virksomhed, som de ordregivende myndigheder direkte eller indirekte kan have bestemmende indflydelse på som følge af ejerforhold, kapitalindskud eller de for virksomheden gældende regler.
Bestemmende indflydelse formodes at foreligge, når de ordregivende myndigheder direkte eller indirekte i relation til en virksomhed:
a)
besidder majoriteten af virksomhedens tegnede kapital
b)
råder over flertallet af de stemmer, som er knyttet til de kapitalandele, virksomheden har udstedt, eller
c)
kan udpege mere end halvdelen af medlemmerne i virksomhedens administrations-, ledelses- eller tilsynsorgan.
(
2
)
  Det præciseres, at hvis og når sådanne netværk omfatter bortskaffelse og behandling af spildevand, er den del af transaktionen også omfattet.
(
3
)
  For transportydelser anses et net for at bestå, hvis driften foregår på betingelser, f.eks. vedrørende ruter, kapacitet og betjeningshyppighed, der er fastsat af en kompetent myndighed i en EU-medlemsstat.
(
4
)
  Ved udbud vedrørende køretøjer til kollektiv transport må canadiske tilbudsgivere ikke behandles mindre gunstigt end tilbudsgivere fra Den Europæiske Union eller fra andre tredjelande. Ved et kollektivt køretøj forstås skinnebus, bus, trolleybus, undergrundstog, togvogn eller lokomotiv til undergrunds- eller jernbanesystem til offentlig transport.
(
5
)
  Ved »
            
tilknyttet virksomhed
« forstås en virksomhed, hvis årsregnskaber er konsolideret med ordregiverens årsregnskaber i overensstemmelse med kravene i Rådets direktiv 83/349/EØF om konsoliderede regnskaber, eller, når det drejer sig om virksomheder, der ikke er underlagt dette direktiv, en virksomhed, som ordregiveren direkte eller indirekte kan udøve bestemmende indflydelse på, eller som kan udøve bestemmende indflydelse på ordregiveren, eller som sammen med ordregiveren er underkastet en anden virksomheds bestemmende indflydelse som følge af ejerforhold, kapitalindskud eller de for virksomheden gældende regler.
(
6
)
  Når omsætningen, afhængigt af hvornår den tilknyttede virksomhed blev etableret eller startede sin aktivitet, ikke er disponibel for de tre seneste regnskabsår, er det tilstrækkeligt, at denne virksomhed påviser sandsynligheden af, at den i dette afsnit nævnte omsætning kan realiseres, især i form af fremskrivning af aktiviteter.
BILAG 19-4
Varer
1.
Dette kapitel finder anvendelse på udbud af alle varer, der indkøbes af ordregiverne i bilag 19-1 til 19-3, medmindre andet er bestemt i dette kapitel.
2.
Dette kapitel omfatter kun indkøb og udstyr, der beskrives i de nedenfor specificerede kapitler i den kombinerede nomenklatur, og som indkøbes af forsvarsministerierne i Belgien, Bulgarien, Tjekkiet, Danmark, Tyskland, Estland, Grækenland, Kroatien, Spanien, Frankrig, Irland, Italien, Cypern, Letland, Litauen, Luxembourg, Ungarn, Malta, Nederlandene, Østrig, Polen, Portugal, Rumænien, Slovenien, Slovakiet, Finland, Sverige og Det Forenede Kongerige, og som er omfattet af denne aftale:
Kapitel 25:
Salt; svovl; jord- og stenarter; gips, kalk og cement
Kapitel 26:
Malme, slagger og aske
Kapitel 27:
Mineralske brændselsstoffer, mineralolier og destillationsprodukter deraf; bituminøse stoffer; mineralsk voks,
undtagen:
ex 27.10: særlige motorolier
Kapitel 28:
Uorganiske kemikalier; organiske eller uorganiske forbindelser af ædle metaller, af sjældne jordarters metaller, af radioaktive grundstoffer og af isotoper
undtagen:
ex 28.09: eksplosive stoffer
ex 28.13: eksplosive stoffer
ex 28.14: tåregas
ex 28.28: eksplosive stoffer
ex 28.32: eksplosive stoffer
ex 28.39: eksplosive stoffer
ex 28.50: giftige produkter
ex 28.51: giftige produkter
ex 28.54: eksplosive stoffer
Kapitel 29:
Organiske kemikalier
undtagen:
ex 29.03: eksplosive stoffer
ex 29.04: eksplosive stoffer
ex 29.07: eksplosive stoffer
ex 29.08: eksplosive stoffer
ex 29.11: eksplosive stoffer
ex 29.12: eksplosive stoffer
ex 29.13: giftige produkter
ex 29.14: giftige produkter
ex 29.15: giftige produkter
ex 29.21: giftige produkter
ex 29.22: giftige produkter
ex 29.23: giftige produkter
ex 29.26: eksplosive stoffer
ex 29.27: giftige produkter
ex 29.29: eksplosive stoffer
Kapitel 30:
Farmaceutiske produkter
Kapitel 31:
Gødningsstoffer
Kapitel 32:
Garve- og farvestofekstrakter; garvesyrer og derivater deraf; farver, maling og lakker; kit, spartelmasse og lign.; trykfarver, blæk og tusch
Kapitel 33:
Flygtige vegetabilske olier og resinoider; parfumevarer, kosmetik og toiletmidler
Kapitel 34:
Sæbe, organiske overfladeaktive stoffer samt vaske- og rengøringsmidler, smøremidler, syntetisk voks og tilberedt voks, pudse- og skuremidler, lys og lignende produkter, modellermasse og dentalvoks
Kapitel 35:
Proteiner; lim og klister; enzymer
Kapitel 37:
Fotografiske og kinematografiske artikler
Kapitel 38:
Diverse kemiske produkter
undtagen:
ex 38.19: giftige produkter
Kapitel 39:
Kunstharpikser og plastsubstanser, celluloseestere og celluloseethere, samt varer deraf
Kapitel 40:
Gummi, syntetgummi og factis samt varer deraf
undtagen:
ex 40.11: skudsikre dæk
Kapitel 41:
Rå huder og skind (undtagen pelsskind) samt læder
Kapitel 42:
Varer af læder; sadelmagerarbejder; rejseartikler, håndtasker og lignende varer; varer af tarme (andet end fishgut)
Kapitel 43:
Pelsskind og kunstigt pelsskind samt varer deraf
Kapitel 44:
Træ og varer deraf, trækul
Kapitel 45:
Kork og varer deraf
Kapitel 46:
Kurvemagerarbejder og andre varer af flettematerialer
Kapitel 47:
Materialer til papirfremstilling
Kapitel 48:
Papir og pap, varer af papirmasse, papir og pap
Kapitel 49:
Bøger, aviser, billeder og andre tryksager; håndskrevne eller maskinskrevne arbejder samt tegninger
Kapitel 65:
Hovedbeklædning og dele dertil
Kapitel 66:
Paraplyer, parasoller, spadserestokke, piske, ridepiske samt dele dertil
Kapitel 67:
Bearbejdede fjer og dun samt varer af fjer og dun; kunstige blomster; varer af menneskehår
Kapitel 68:
Varer af sten, gips, cement, asbest, glimmer og lignende materialer
Kapitel 69:
Keramiske produkter
Kapitel 70:
Glas og glasvarer
Kapitel 71:
Perler, ædel- og halvædelsten, ædle metaller, ædelmetaldublé samt varer af disse materialer; bĳouterivarer
Kapitel 73:
Jern og stål samt varer deraf
Kapitel 74:
Kobber og varer deraf
Kapitel 75:
Nikkel og varer deraf
Kapitel 76:
Aluminium og varer deraf
Kapitel 77:
Magnesium og beryllium samt varer deraf
Kapitel 78:
Bly og varer deraf
Kapitel 79:
Zink og varer deraf
Kapitel 80:
Tin og varer deraf
Kapitel 81:
Andre uædle metaller, der anvendes i den metallurgiske industri, samt varer deraf
Kapitel 82:
Værktøj, redskaber, knive, skeer og gafler, samt dele dertil, af uædle metaller
undtagen:
ex 82.05: værktøj
ex 82.07: værktøj, dele
Kapitel 83:
Diverse varer af uædle metaller
Kapitel 84:
Kedler, maskiner og apparater samt mekaniske redskaber, dele dertil
undtagen:
ex 84.06: motorer
ex 84.08: andre motorer
ex 84.45: maskiner og apparater
ex 84.53: automatiske databehandlingsmaskiner
ex 84.55: dele til maskiner henhørende under pos. 84.53
ex 84.59: atomreaktorer
Kapitel 85:
Elektriske maskiner og apparater, elektrisk materiel samt dele dertil
undtagen:
ex 85.13: telekommunikationsudstyr
ex 85.15: sendere
Kapitel 86:
Lokomotiver, vogne og andet materiel til jernbaner og sporveje samt dele dertil; jernbane- og sporvejsmateriel, trafikreguleringsudstyr af enhver art (ikke-elektrisk)
undtagen:
ex 86.02: pansrede elektriske lokomotiver
ex 86.03: andre pansrede lokomotiver
ex 86.05: pansrede vogne
ex 86.06: reparationsvogne
ex 86.07: vogne
Kapitel 87:
Køretøjer (undtagen til jernbaner og sporveje) samt dele dertil
undtagen:
ex 87.08: tanks og andre pansrede køretøjer
ex 87.01: traktorer
ex 87.02: militærkøretøjer
ex 87.03: kranvogne
ex 87.09: motorcykler
ex 87.14: påhængsvogne
Kapitel 89:
Skibe, både og flydende materiel
undtagen:
ex 89.01 A: krigsskibe
Kapitel 90:
Optiske, fotografiske og kinematografiske instrumenter og apparater; måle-, kontrol- og præcisionsinstrumenter og -apparater; medicinske og kirurgiske instrumenter og apparater, dele dertil
undtagen:
ex 90.05: kikkerter (binokulære)
ex 90.13: forskellige instrumenter, lasere
ex 90.14: afstandsmålere
ex 90.28: elektriske og elektroniske måleinstrumenter
ex 90.11: mikroskoper
ex 90.17: instrumenter til medicinsk brug
ex 90.18: apparater til mekanoterapi
ex 90.19: ortopædiske artikler
ex 90.20: røntgenapparater
Kapitel 91:
Fremstilling af ure
Kapitel 92:
Musikinstrumenter, lydoptagere eller lydgengivere, billed- og lydoptagere eller billed- og lydgengivere til fjernsyn, dele og tilbehør til de nævnte instrumenter og apparater
Kapitel 94:
Møbler og dele dertil, sengebunde, madrasser, dyner, puder og lign.
undtagen:
ex 94.01 A: flysæder
Kapitel 95:
Varer af udskærings- og støbematerialer
Kapitel 96:
Koste, børster, pensler, pudderkvaster og sigter
Kapitel 98:
Diverse
BILAG 19-5
Tjenesteydelser
Fra den universelle liste over tjenesteydelser, der findes i dokument MTN.GNS/W/120, er følgende tjenesteydelser omfattet:
Tjenesteydelse
CPC-referencenummer
Reparation af varer til personlig brug eller husholdningsbrug
633
Kommercielle kurertjenester (herunder multimodale)
7512
Elektronisk dataudveksling (EDI)
Elektronisk post
Avancerede faxtjenester eller faxtjenester, der tilføres en merværdi, herunder lagring og videresendelse, lagring og søgning
kode- og protokolkonversion
Onlineinformation og databasesøgning
Voicemail
7523
Tjenesteydelser i forbindelse med fast ejendom på honorar- eller kontraktbasis
822
Rådgivningsvirksomhed vedrørende installation af computerhardware
841
Tjenesteydelser vedrørende implementering af software, herunder rådgivning i relation til systemer og software, analyse, design, programmering og vedligeholdelse
842
Databehandling, herunder behandling, opstilling i tabelform og administration af faciliteter
Onlineinformation og/eller databehandling (inklusive transaktionsbehandling)
843
Databasetjenester
844
Vedligeholdelse og reparation af kontormaskiner og -udstyr, herunder computere
845
Andre computertjenester
849
Almindelig virksomhedsrådgivning
86501
Virksomhedsrådgivning inden for markedsføring
86503
Virksomhedsrådgivning inden for personalespørgsmål
86504
Virksomhedsrådgivning inden for produktion
86505
Tjenesteydelser i tilknytning til virksomhedsrådgivning (undtagen voldgift og mægling)
866
Arkitekttjenester
8671
Ingeniørtjenester
8672
Integrerede ingeniørtjenester (undtagen 86731 integrerede ingeniørtjenester i forbindelse med nøglefærdige projekter inden for transportinfrastruktur)
8673
Byplanlægnings- og landskabsarkitekturtjenester
8674
Teknisk afprøvning og analyse, herunder kvalitetskontrol og inspektion (undtagen med hensyn til FSC 58 og transportudstyr)
8676
Tjenesteydelser i forbindelse med rengøring i bygninger
874
Reparation af jern- og metalvarer, maskiner og udstyr
8861 til 8864 og 8866
Kloakvæsen og renovationsvæsen, renholdning og lignende tjenesteydelser
94
Bemærkninger til Den Europæiske Unions bilag 19-5
1.
For ordregivere, der er omfattet af bilag 19-2, vil de fastsatte tærskelværdier være på 355 000 SDR, når en virksomhed gennem udbud køber rådgivning i forbindelse med spørgsmål af fortrolig karakter, hvis videregivelse med rimelighed kunne forventes at kompromittere statslige oplysninger af fortrolige karakter, skabe økonomiske forstyrrelser eller på lignende måde være i strid med offentlige interesser.
2.
Dette kapitel finder ikke anvendelse på tjenesteydelser, som ordregiverne skal indkøbe hos andre ordregivere, fordi disse har eksklusive rettigheder, der er tildelt dem i henhold til bekendtgjorte love eller administrative bestemmelser.
3.
Såfremt den igangværende revision af Den Europæiske Unions lovgivning om offentlige udbud medfører en udvidelse af anvendelsesområdet for tjenesteydelser og tjenesteydelseskoncessioner, der er omfattet af denne lovgivning, er Den Europæiske Union rede til at indlede forhandlinger med Canada med henblik på en udvidelse af den gensidige dækning af tjenesteydelser og tjenesteydelseskoncessioner i dette kapitel.
BILAG 19-6
Koncessioner vedrørende tjenesteydelser og arbejder inden for bygge- og anlægsvirksomhed
Afdeling A: Tjenesteydelser inden for bygge- og anlægsvirksomhed
Definition:
En kontrakt om tjenesteydelser inden for bygge- og anlægsvirksomhed er en kontrakt, der indgås med henblik på, uanset måden, at udføre et bygge- og anlægsarbejde i henhold til hovedgruppe 51 i CPC.
Fortegnelse over hovedgruppe 51 i CPC
Alle tjenesteydelser, der er opført i hovedgruppe 51.
Afdeling B: Bygge- og anlægskoncessioner
Koncessionskontrakter, der tildeles af ordregivere, der er anført i bilag 19-1 og 19-2, er kun omfattet af artikel 19.1, 19.2, 19.4, 19.5 og 19.6 (bortset fra nr. 3, litra e) og l)), artikel 19.15 (undtagen stk. 3 og 4) og artikel 19.17 i kapitlet.
BILAG 19-7
Generelle bemærkninger
1.
Dette kapitel gælder ikke for:
a)
i)
udbud af landbrugsprodukter som led i landbrugsstøtteprogrammer og folkeernæringsprogrammer (f.eks. fødevarehjælp, herunder nødhjælp) og
ii)
udbud vedrørende radio- og TV-selskabers indkøb, udvikling, produktion eller koproduktion af programmateriale og aftaler om sendetid
b)
kontrakter, der er tildelt af ordregivere, der er anført i bilag 19-1 og 19-2 i forbindelse med aktiviteter inden for sektorerne for drikkevand, energi, transport og post, medmindre de er omfattet af bilag 19-3
c)
udbud i forbindelse med skibsbygning og vedligeholdelse gennemført af
i)
ordregivere, der er omfattet af bilag 19-3
ii)
offentligretlige organer omfattet af bilag 19-2 og
iii)
lokale ordregivende myndigheder, som er omfattet af afdeling B i bilag 19-2 (identificeret som administrative enheder på NUTS 3-plan eller derunder) eller
d)
varer og tjenesteydelser, der indkøbes internt af en omfattet ordregiver, eller som er leveret af én omfattet ordregiver til en anden.
2.
For Ålandsøerne gælder de særlige betingelser i protokol nr. 2 om Ålandsøerne til traktaten om Finlands tiltrædelse af Den Europæiske Union.
3.
Den Europæiske Union giver canadiske leverandører adgang til klagebehandling forud for kontraktindgåelsen i henhold til artikel 19.17 i dette kapitel i de første ti år efter denne aftales ikrafttræden. Derefter vil de canadiske leverandørers adgang til klagebehandling forud for kontraktindgåelsen være betinget af resultaterne af de forhandlinger, der er omhandlet i artikel 19.17.8.
BILAG 19-8
Medier, der anvendes til offentliggørelse
Afdeling A:
Elektroniske medier eller papirmedier, som anvendes til offentliggørelse af love, forskrifter, retsafgørelser, administrative afgørelser, standardkontraktbestemmelser og procedurer vedrørende offentlige udbud, der er omfattet af denne aftale, i overensstemmelse med artikel 19.5:
1.
BELGIEN
1.1   Love, kongelige og ministerielle bekendtgørelser, ministerielle cirkulærer
1.
le Moniteur Belge
1.2   Retspraksis:
1.
Pasicrisie
2.
BULGARIEN
2.1   Love og administrative bestemmelser:
1.
Държавен вестник (Statstidende)
2.2   Retsafgørelser:
1.
http://www.sac.government.bg
2.3   Alment gyldige administrative afgørelser og alle andre procedurer:
1.
http://www.aop.bg
2.
http://www.cpc.bg.
3.
TJEKKIET
3.1   Love og administrative bestemmelser:
1.
Lovsamling for Den Tjekkiske Republik
3.2   Afgørelser fra kontoret for konkurrencebeskyttelse:
1.
Samlingen af afgørelser fra kontoret for konkurrencebeskyttelse
4.
DANMARK
4.1   Love og administrative bestemmelser:
1.
Lovtidende
4.2   Retsafgørelser:
1.
Ugeskrift for Retsvæsen
4.3   Administrative afgørelser og procedurer:
1.
Ministerialtidende
4.4   Kendelser afsagt af Klagenævnet for Udbud
1.
Kendelser fra Klagenævnet for Udbud
5.
TYSKLAND
5.1   Lovgivning og administrative bestemmelser
1.
Bundesgesetzblatt
2.
Bundesanzeiger
5.2   Retsafgørelser:
1.
Entscheidungsammlungen des: Bundesverfassungsgerichts; Bundesgerichtshofs; Bundesverwaltungsgerichts Bundesfinanzhofs og Oberlandesgerichte
6.
ESTLAND
6.1   Almengyldige love og administrative bestemmelser samt administrative afgørelser:
1.
Riigi Teataja — http://www.riigiteataja.ee
6.2   Procedurer vedrørende offentlige udbud:
1.
https://riigihanked.riik.ee
7.
IRLAND
7.1   Lovgivning og administrative bestemmelser
1.
Iris Oifigiuil (Det officielle statstidende for Irland)
8.
GRÆKENLAND
8.1   Epishmh efhmerida eurwpaikwn koinothtwn (Det græske statstidende)
9.
SPANIEN
9.1   Lovgivning:
1.
Boletin Oficial del Estado
9.2   Retsafgørelser:
1.
Ingen officielle publikationer
10.
FRANKRIG
10.1   Lovgivning:
1.
Journal Officiel de la République française
10.2   Retspraksis:
1.
Recueil des arrêts du Conseil d'État
10.3   Revue des marchés publics
11.
KROATIEN
11.1   Narodne novine — http://www.nn.hr
12.
ITALIEN
12.1   Lovgivning:
1.
Gazzetta Ufficiale
12.2   Retspraksis:
1.
Ingen officielle publikationer
13.
CYPERN
13.1   Lovgivning:
1.
Επίσημη Εφημερίδα της Δημοκρατίας (Republikkens officielle statstidende)
13.2   Retsafgørelser:
1.
Αποφάσεις Ανωτάτου Δικαστηρίου 1999 — Τυπογραφείο της Δημοκρατίας (afgørelser afsagt af højesteret — trykkeriet)
14.
LETLAND
14.1   Lovgivning:
1.
Latvijas vēstnesis (statstidende)
15.
LITAUEN
15.1   Love og administrative bestemmelser:
1.
Teisės aktų registras (register over retsakter)
15.2   Retsafgørelser, retspraksis:
1.
Bulletin fra Litauens højesteret »Teismų praktika«
2.
Bulletin fra Litauens øverste ret for administrative anliggender »Administracinių teismų praktika«
16.
LUXEMBURG
16.1   Lovgivning:
1.
Memorial
16.2   Retspraksis:
1.
Pasicrisie
17.
UNGARN
17.1   Lovgivning:
1.
Lovgivning — Magyar Közlöny (Republikken Ungarns statstidende)
17.2   Retspraksis:
1.
Közbeszerzési Értesítő — a Közbeszerzések Tanácsa Hivatalos Lapja (Bulletin for offentlige udbud — statstidende for Rådet for offentlige udbud)
18.
ΜΑLTA
18.1   Lovgivning:
1.
Government Gazette
19.
NEDERLANDENE
19.1   Lovgivning:
1.
Nederlandse Staatscourant eller Staatsblad
19.2   Retspraksis:
1.
Ingen officielle publikationer
20.
ØSTRIG
20.1   Lovgivning:
1.
Österreichisches Bundesgesetzblatt
2.
Amtsblatt zur Wiener Zeitung
20.2   Retsafgørelser:
1.
Entscheidungen des Verfassungsgerichtshofes, Verwaltungsgerichtshofes, Obersten Gerichtshofes, der Oberlandesgerichte, des Bundesverwaltungsgerichtes og Landesverwaltungsgerichte — http://ris.bka.gv.at/Judikatur/
21.
POLEN
21.1   Lovgivning:
1.
Dziennik Ustaw Rzeczypospolitej Polskiej (Statstidende — Republikken Polen)
21.2   Retsafgørelser, retspraksis:
1.
»Zamówienia publiczne w orzecznictwie. Wybrane orzeczenia zespołu arbitrów i Sądu Okręgowego w Warszawie« (Udvalg af domme fra voldgiftspaneler og Warszawas regionalret)
22.
PORTUGAL
22.1   Lovgivning:
1.
Diário da República Portuguesa 1a Série A e 2a série
22.2   Retslige publikationer:
1.
Boletim do Ministério da Justiça
2.
Colectânea de Acordos do Supremo Tribunal Administrativo
3.
Colectânea de Jurisprudencia Das Relações
23.
RUMÆNIEN
23.1   Love og administrative bestemmelser:
1.
Monitorul Oficial al României (Rumæniens statstidende)
23.2   Retsafgørelser, almengyldige administrative afgørelser og procedurer:
1.
http://www.anrmap.ro
24.
SLOVENIEN
24.1   Lovgivning:
1.
Republikken Sloveniens statstidende
24.2   Retsafgørelser:
1.
Ingen officielle publikationer
25.
SLOVAKIET
25.1   Lovgivning:
1.
Zbierka zákonov (lovsamling)
25.2   Retsafgørelser:
1.
Ingen officielle publikationer
26.
FINLAND
26.1   Suomen Säädöskokoelma — Finlands Författningssamling (Finlands lovtidende)
27.
SVERIGE
27.1   Svensk Författningssamling (Sveriges lovtidende)
28.
DET FORENEDE KONGERIGE
28.1   Lovgivning:
1.
HM Stationery Office
28.2   Retspraksis:
1.
Law Reports
28.3   
                     »Public Bodies«:
1.
HM Stationery Office
Afdeling B:
Elektroniske medier eller papirmedier, som i henhold til artikel 19.5 anvendes til offentliggørelse af de bekendtgørelser om kontrakter, der kræves i medfør af artikel 19.6, 19.8.7 og 19.15.2:
1.
BELGIEN
1.1   Den Europæiske Unions Tidende
1.2   Le Bulletin des Adjudications
1.3   Andre offentliggørelser i fagpressen
2.
BULGARIEN
2.1   Den Europæiske Unions Tidende
2.2   Държавен вестник (Statstidende) — http://dv.parliament.bg
2.3   Register over offentlige udbud (http://www.aop.bg)
3.
TJEKKIET
3.1   Den Europæiske Unions Tidende
4.
DANMARK
4.1   Den Europæiske Unions Tidende
5.
TYSKLAND
5.1   Den Europæiske Unions Tidende
6.
ESTLAND
6.1   Den Europæiske Unions Tidende
7.
IRLAND
7.1   Den Europæiske Unions Tidende
7.2   Dagspressen: »Irish Independent«, »Irish Times«, »Irish Press« og »Cork Examiner«
8.
GRÆKENLAND
8.1   Den Europæiske Unions Tidende
8.2   Offentliggørelse i dags-, finans-, regional- og fagpressen
9.
SPANIEN
9.1   Den Europæiske Unions Tidende
10.
FRANKRIG
10.1   Den Europæiske Unions Tidende
10.2   Bulletin officiel des annonces des marchés publics
11.
KROATIEN
11.1   Den Europæiske Unions Tidende
11.2   Elektronički oglasnik javne nabave Republike Hrvatske (Elektronisk bekendtgørelse af offentlige udbud i Republikken Kroatien)
12.
ITALIEN
12.1   Den Europæiske Unions Tidende
13.
CYPERN
13.1   Den Europæiske Unions Tidende
13.2   Republikkens statstidende
13.3   Den lokale dagspresse
14.
LETLAND
14.1   Den Europæiske Unions Tidende
14.2   Latvijas vēstnesis (statstidende)
15.
LITAUEN
15.1   Den Europæiske Unions Tidende
15.2   Centrinė viešųjų pirkimų informacinė sistema (central portal for offentlige udbud)
15.3   Informationssupplement »Informaciniai pranešimai« til Litauens statstidende (»Valstybės žinios«).
16.
LUXEMBURG
16.1   Den Europæiske Unions Tidende
16.2   Dagspressen
17.
UNGARN
17.1   Den Europæiske Unions Tidende
17.2   Közbeszerzési Értesítő — a Közbeszerzések Tanácsa Hivatalos Lapja (Bulletin for offentlige udbud — statstidende for Rådet for offentlige udbud)
18.
ΜΑLTA
18.1   Den Europæiske Unions Tidende
18.2   Government Gazette
19.
NEDERLANDENE
19.1   Den Europæiske Unions Tidende
20.
ØSTRIG
20.1   Den Europæiske Unions Tidende
20.2   Amtsblatt zur Wiener Zeitung
21.
POLEN
21.1   Den Europæiske Unions Tidende
21.2   Biuletyn Zamówień Publicznych (Bulletin for offentlige udbud)
22.
PORTUGAL
22.1   Den Europæiske Unions Tidende
23.
RUMÆNIEN
23.1   Den Europæiske Unions Tidende
23.2   Monitorul Oficial al României (Rumæniens statstidende)
23.3   Electronic System for Public Procurement — http://www.e-licitatie.ro
24.
SLOVENIEN
24.1   Den Europæiske Unions Tidende
24.2   Portal javnih naročil — http://www.enarocanje.si/?podrocje=portal
25.
SLOVAKIET
25.1   Den Europæiske Unions Tidende
25.2   Vestník verejného obstarávania (avis for offentlige udbud)
26.
FINLAND
26.1   Den Europæiske Unions Tidende
26.2   Julkiset hankinnat Suomessa ja ETA-alueella, Virallisen lehden liite (Offentlige udbud i Finland og EØS, Supplement til Finlands statstidende)
27.
SVERIGE
27.1   Den Europæiske Unions Tidende
28.
DET FORENEDE KONGERIGE
28.1   Den Europæiske Unions Tidende
Afdeling C:
Websted eller adresser, hvor parterne offentliggør udbudsstatistikker i henhold til artikel 19.15.5 og bekendtgørelser om kontrakter, der er tildelt i henhold til artikel 19.15.6:
1.
Bekendtgørelser vedrørende kontrakter tildelt af ordregivere, der er anført i bilag 19-1 til 19-3 til Den Europæiske Unions markedsadgangsplan, offentliggøres i Den Europæiske Unions Tidende, onlineudgaven, Tenders Electronic Daily — http://ted.europa.eu
BILAG 20-A
DEL A
Geografiske betegnelser, der identificerer et produkt med oprindelse i Den Europæiske Union
Betegnelse
Translitteration
(kun til orientering)
Produktkategori
Oprindelsessted
(Område, region eller lokalitet)
České pivo
øl
Tjekkiet
Žatecký Chmel
humle
Tjekkiet
Hopfen aus der Hallertau
humle
Tyskland
Nürnberger Bratwürste**
fersk, frosset og forarbejdet kød
Tyskland
Nürnberger Rostbratwürste
fersk, frosset og forarbejdet kød
Tyskland
Schwarzwälder Schinken
fersk, frosset og forarbejdet kød
Tyskland
Aachener Printen
sukkervarer og bagværk
Tyskland
Nürnberger Lebkuchen
sukkervarer og bagværk
Tyskland
Lübecker Marzipan
sukkervarer og bagværk
Tyskland
Bremer Klaben
sukkervarer og bagværk
Tyskland
Hessischer Handkäse
oste
Tyskland
Hessischer Handkäs
oste
Tyskland
Tettnanger Hopfen
humle
Tyskland
Spreewälder Gurken
friske og forarbejdede vegetabilske produkter
Tyskland
Danablu
oste
Danmark
Ελιά Καλαμάτας
Elia Kalamatas
spiseoliven og forarbejdede oliven
Grækenland
Μαστίχα Χίου
Masticha Chiou
vegetabilske carbohydratgummier og naturharpikser — tyggegummi
Grækenland
Φέτα*
Feta
oste
Grækenland
Ελαιόλαδο Καλαμάτας
Kalamataolivenolie
olier og animalske fedtstoffer
Grækenland
Ελαιόλαδο Κολυμβάρι Χανίων Κρήτης
Kolymvari Chanion Kritis-olivenolie
olier og animalske fedtstoffer
Grækenland
Ελαιόλαδο Σητείας Λασιθίου Κρήτης
Sitia Lasithiou Kritis-olivenolie
olier og animalske fedtstoffer
Grækenland
Ελαιόλαδο Λακωνία
Lakonia-olivenolie
olier og animalske fedtstoffer
Grækenland
Κρόκος Κοζάνης
Krokos Kozanis
krydderier
Grækenland
Κεφαλογραβιέρα
Kefalograviera
oste
Grækenland
Γραβιέρα Κρήτης
Graviera Kritis
oste
Grækenland
Γραβιέρα Νάξου
Graviera Naxou
oste
Grækenland
Μανούρι
Manouri
oste
Grækenland
Κασέρι
Kasseri
oste
Grækenland
Φασόλια Γίγαντες Ελέφαντες Καστοριάς
Fassolia Gigantes Elefantes Kastorias
friske og forarbejdede vegetabilske produkter
Grækenland
Φασόλια Γίγαντες Ελέφαντες Πρεσπών Φλώρινας
Fassolia Gigantes Elefantes Prespon Florinas
friske og forarbejdede vegetabilske produkter
Grækenland
Κονσερβολιά Αμφίσσης
Konservolia Amfissis
spiseoliven og forarbejdede oliven
Grækenland
Λουκούμι Γεροσκήπου
Loukoumi Geroskipou
sukkervarer og bagværk
Cypern
Baena
olier og animalske fedtstoffer
Spanien
Sierra Mágina
olier og animalske fedtstoffer
Spanien
Aceite del Baix Ebre-Montsía
olier og animalske fedtstoffer
Spanien
Oli del Baix Ebre-Montsía
olier og animalske fedtstoffer
Spanien
Aceite del Bajo Aragón
olier og animalske fedtstoffer
Spanien
Antequera
olier og animalske fedtstoffer
Spanien
Priego de Córdoba
olier og animalske fedtstoffer
Spanien
Sierra de Cádiz
olier og animalske fedtstoffer
Spanien
Sierra de Segura
olier og animalske fedtstoffer
Spanien
Sierra de Cazorla
olier og animalske fedtstoffer
Spanien
Siurana
olier og animalske fedtstoffer
Spanien
Aceite de Terra Alta
olier og animalske fedtstoffer
Spanien
Oli de Terra Alta
olier og animalske fedtstoffer
Spanien
Les Garrigues
olier og animalske fedtstoffer
Spanien
Estepa
olier og animalske fedtstoffer
Spanien
Guijuelo
fersk, frosset og forarbejdet kød
Spanien
Jamón de Huelva
fersk, frosset og forarbejdet kød
Spanien
Jamón de Teruel
fersk, frosset og forarbejdet kød
Spanien
Salchichón de Vic
fersk, frosset og forarbejdet kød
Spanien
Llonganissa de Vic
fersk, frosset og forarbejdet kød
Spanien
Mahón-Menorca
oste
Spanien
Queso Manchego
oste
Spanien
Cítricos Valencianos
friske og forarbejdede frugter og nødder
Spanien
Cîtrics Valancians
friske og forarbejdede frugter og nødder
Spanien
Jijona
sukkervarer og bagværk
Spanien
Turrón de Alicante
sukkervarer og bagværk
Spanien
Azafrán de la Mancha
krydderier
Spanien
Comté
oste
Frankrig
Reblochon
oste
Frankrig
Reblochon de Savoie
oste
Frankrig
Roquefort
oste
Frankrig
Camembert de Normandie
oste
Frankrig
Brie de Meaux
oste
Frankrig
Emmental de Savoie
oste
Frankrig
Pruneaux d'Agen
friske og forarbejdede frugter og nødder
Frankrig
Pruneaux d'Agen mi-cuits
friske og forarbejdede frugter og nødder
Frankrig
Huîtres de Marennes-Oléron
ferske, frosne og forarbejdede fiskevarer
Frankrig
Canards à foie gras du Sud-Ouest: Chalosse
fersk, frosset og forarbejdet kød
Frankrig
Canards à foie gras du Sud-Ouest: Gascogne
fersk, frosset og forarbejdet kød
Frankrig
Canards à foie gras du Sud-Ouest: Gers
fersk, frosset og forarbejdet kød
Frankrig
Canards à foie gras du Sud-Ouest: Landes
fersk, frosset og forarbejdet kød
Frankrig
Canards à foie gras du Sud-Ouest: Périgord
fersk, frosset og forarbejdet kød
Frankrig
Canards à foie gras du Sud-Ouest: Quercy
fersk, frosset og forarbejdet kød
Frankrig
Jambon de Bayonne***
tørsaltet kød
Frankrig
Huile d'olive de Haute-Provence
olier og animalske fedtstoffer
Frankrig
Huile essentielle de lavande de Haute-Provence
æteriske olier
Frankrig
Morbier
oste
Frankrig
Epoisses
oste
Frankrig
Beaufort***
oste
Frankrig
Maroilles
oste
Frankrig
Marolles
oste
Frankrig
Munster *
oste
Frankrig
Munster Géromé
oste
Frankrig
Fourme d'Ambert
oste
Frankrig
Abondance
oste
Frankrig
Bleu d'Auvergne
oste
Frankrig
Livarot
oste
Frankrig
Cantal
oste
Frankrig
Fourme de Cantal
oste
Frankrig
Ost
oste
Frankrig
Petit Cantal
oste
Frankrig
Tomme de Savoie
oste
Frankrig
Pont — L'Evêque
oste
Frankrig
Neufchâtel
oste
Frankrig
Chabichou du Poitou
oste
Frankrig
Crottin de Chavignol
oste
Frankrig
Saint-Nectaire
oste
Frankrig
Piment d'Espelette
krydderier
Frankrig
Lentille verte du Puy
friske og forarbejdede vegetabilske produkter
Frankrig
Aceto balsamico Tradizionale di Modena
eddike
Italien
Aceto balsamico di Modena
eddike
Italien
Cotechino Modena
fersk, frosset og forarbejdet kød
Italien
Zampone Modena
fersk, frosset og forarbejdet kød
Italien
Bresaola della Valtellina
fersk, frosset og forarbejdet kød
Italien
Mortadella Bologna
fersk, frosset og forarbejdet kød
Italien
Prosciutto di Parma
tørsaltet kød
Italien
Prosciutto di S. Daniele
tørsaltet kød
Italien
Prosciutto Toscano
tørsaltet kød
Italien
Prosciutto di Modena
tørsaltet kød
Italien
Provolone Valpadana
oste
Italien
Taleggio
oste
Italien
Asiago*
oste
Italien
Fontina*
oste
Italien
Gorgonzola*
oste
Italien
Grana Padano
oste
Italien
Mozzarella di Bufala Campana
oste
Italien
Parmigiano Reggiano
oste
Italien
Pecorino Romano
oste
Italien
Pecorino Sardo
oste
Italien
Pecorino Toscano
oste
Italien
Arancia Rossa di Sicilia
friske og forarbejdede frugter og nødder
Italien
Cappero di Pantelleria
friske og forarbejdede frugter og nødder
Italien
Kiwi Latina
friske og forarbejdede frugter og nødder
Italien
Lenticchia di Castelluccio di Norcia
friske og forarbejdede vegetabilske produkter
Italien
Mela Alto Adige
friske og forarbejdede frugter og nødder
Italien
Südtiroler Apfel
friske og forarbejdede frugter og nødder
Italien
Pesca e nettarina di Romagna
friske og forarbejdede frugter og nødder
Italien
Pomodoro di Pachino
friske og forarbejdede vegetabilske produkter
Italien
Radicchio Rosso di Treviso
friske og forarbejdede vegetabilske produkter
Italien
Ricciarelli di Siena
sukkervarer og bagværk
Italien
Riso Nano Vialone Veronese
korn
Italien
Speck Alto Adige
fersk, frosset og forarbejdet kød
Italien
Südtiroler Markenspeck
fersk, frosset og forarbejdet kød
Italien
Südtiroler Speck
fersk, frosset og forarbejdet kød
Italien
Veneto Valpolicella
olier og animalske fedtstoffer
Italien
Veneto Euganei e Berici
olier og animalske fedtstoffer
Italien
Veneto del Grappa
olier og animalske fedtstoffer
Italien
Culatello di Zibello
fersk, frosset og forarbejdet kød
Italien
Garda
fersk, frosset og forarbejdet kød
Italien
Lardo di Colonnata
fersk, frosset og forarbejdet kød
Italien
Szegedi téliszalámi
fersk, frosset og forarbejdet kød
Ungarn
Szegedi szalámi
fersk, frosset og forarbejdet kød
Ungarn
Tiroler Speck
fersk, frosset og forarbejdet kød
Østrig
Steirischer Kren
friske og forarbejdede vegetabilske produkter
Østrig
Steirisches Kürbiskernöl
olieholdige frø
Østrig
Queijo S. Jorge
oste
Portugal
Azeite de Moura
olier og animalske fedtstoffer
Portugal
Azeites de Trás-os-Montes
olier og animalske fedtstoffer
Portugal
Azeite do Alentejo Interior
olier og animalske fedtstoffer
Portugal
Azeites da Beira Interior
olier og animalske fedtstoffer
Portugal
Azeites do Norte Alentejano
olier og animalske fedtstoffer
Portugal
Azeites do Ribatejo
olier og animalske fedtstoffer
Portugal
Pêra Rocha do Oeste
friske og forarbejdede frugter og nødder
Portugal
Ameixa d'Elvas
friske og forarbejdede frugter og nødder
Portugal
Ananás dos Açores / S. Miguel
friske og forarbejdede frugter og nødder
Portugal
Chouriça de carne de Vinhais
fersk, frosset og forarbejdet kød
Portugal
Linguiça de Vinhais
fersk, frosset og forarbejdet kød
Portugal
Chouriço de Portalegre
fersk, frosset og forarbejdet kød
Portugal
Presunto de Barrancos
fersk, frosset og forarbejdet kød
Portugal
Serra da Estrela
oste
Portugal
Queijos da Beira Baixa
oste
Portugal
Queijo de Castelo Branco
oste
Portugal
Queijo Amarelo da Beira Baixa
oste
Portugal
Queijo Picante da Beira Baixa
oste
Portugal
Salpicão de Vinhais
fersk, frosset og forarbejdet kød
Portugal
Gouda Holland
oste
Nederlandene
Edam Holland
oste
Nederlandene
Kalix Löjrom
ferske, frosne og forarbejdede fiskevarer
Sverige
Magiun de prune Topoloveni
friske og forarbejdede frugter og nødder
Rumænien
DEL B
Geografiske betegnelser, der identificerer et produkt med oprindelse i Canada
Betegnelse
Translitteration
(Kun til orientering)
Produktkategori
Oprindelsessted
(Område, region eller lokalitet)
BILAG 20-B
DE BETEGNELSER, DER ER ANVENDT I ARTIKEL 20.21.11 OG 20.21.12
DEL A
Valencia Orange
Orange Valencia
Valencia
Black Forest Ham
Jambon Forêt Noire
Tiroler Bacon
(
1
)
Bacon Tiroler
(
1
)
Parmesan
St. George Cheese
Fromage St-George[s]
DEL B
Betegnelsen »comté« i forbindelse med fødevarer, når den anvendes med henvisning til et amt (f.eks. »Comté du Prince-Edouard«, »Prince Edward County«, »Comté de Prescott-Russell«, »Prescott-Russell County«).
Udtrykket »Beaufort« i forbindelse med osteprodukter produceret i nærheden af det geografiske sted, der kaldes »Beaufort range«, Vancouver Island, British Columbia.
(
1
)
  Anvendelsen af ortografiske variationer på engelsk eller fransk skal være tilladt, herunder »Tyrol«, »Tiroler«, »Tyroler« og »Tirolien«.
BILAG 20-C
PRODUKTKATEGORIER
1.
fersk, frosset og forarbejdet kød
: produkter henhørende under kapitel 2 og position 16.01 eller 16.02 i det harmoniserede system
2.
tørsaltet kød
: tørsaltede kødprodukter henhørende under kapitel 2 og position 16.01 eller 16.02 i det harmoniserede system
3.
humle
: produkter henhørende under position 12.10 i det harmoniserede system
4.
ferske, frosne og forarbejdede fiskevarer
: produkter henhørende under kapitel 3 og position 16.03, 16.04 eller 16.05 i det harmoniserede system
5.
smør
: produkter henhørende under position 04.05 i det harmoniserede system
6.
oste
: produkter henhørende under position 04.06 i det harmoniserede system
7.
friske og forarbejdede vegetabilske produkter
: produkter henhørende under kapitel 7 i det harmoniserede system og produkter med indhold af grøntsager henhørende under kapitel 20 i det harmoniserede system
8.
friske og forarbejdede frugter og nødder
: produkter henhørende under kapitel 8 i det harmoniserede system og produkter med indhold af frugter eller nødder henhørende under kapitel 20 i det harmoniserede system
9.
krydderier
: produkter henhørende under kapitel 9 i det harmoniserede system
10.
korn
: produkter henhørende under kapitel 10 i det harmoniserede system
11.
mølleriprodukter
: produkter henhørende under kapitel 11 i det harmoniserede system
12.
olieholdige frø
: produkter henhørende under kapitel 12 i det harmoniserede system
13.
drikkevarer på basis af planteekstrakter
: produkter henhørende under position 13.02 i det harmoniserede system
14.
olier og animalske fedtstoffer
: produkter henhørende under kapitel 15 i det harmoniserede system
15.
sukkervarer og bagværk
: produkter henhørende under position 17.04, 18.06, 19.04 eller 19.05 i det harmoniserede system
16.
pasta
: produkter henhørende under position 19.02 i det harmoniserede system
17.
spiseoliven og forarbejdede oliven
: produkter henhørende under position 20.01 eller 20.05 i det harmoniserede system
18.
Sennepspasta
: produkter henhørende under underposition 2103.30 i det harmoniserede system
19.
Øl
: produkter henhørende under position 22.03 i det harmoniserede system
20.
Eddike
: produkter henhørende under position 22.09 i det harmoniserede system
21.
æteriske olier
: produkter henhørende under position 33.01 i det harmoniserede system
22.
vegetabilske carbohydratgummier og naturharpikser
 — 
tyggegummi
: produkter henhørende under position 17.04 i det harmoniserede system.
BILAG 29-A
FORRETNINGSORDEN FOR VOLDGIFT
Definitioner og almindelige bestemmelser
1.
I dette kapitel og i denne forretningsorden forstås ved:
rådgiver
: en fysisk person, som af en part er udpeget til at rådgive eller bistå den pågældende part i forbindelse med voldgiftsproceduren
voldgiftspanel
: et panel nedsat i henhold til artikel 29.7
voldgiftsmand
: et medlem af et voldgiftspanel, der er nedsat i henhold til artikel 29.7
assistent
: en fysisk person, som efter mandat fra en voldgiftsmand foretager undersøgelser for eller bistår voldgiftsmanden
dag
: en kalenderdag, medmindre andet er angivet
offentlig fridag
: hver lørdag og søndag og enhver anden dag, som en part har udpeget som en helligdag med henblik på denne forretningsorden
repræsentant for en part
: en ansat eller enhver anden fysisk person, der er udpeget af et ministerium, en offentlig myndighed eller ethvert andet offentligt organ i en part, og som repræsenterer parten i forbindelse med en tvist, der falder ind under denne aftale
svarende part
: den part, som angiveligt har overtrådt de i artikel 29.2 omhandlede bestemmelser, og
anmodende part
: enhver part, som anmoder om nedsættelse af et voldgiftspanel i henhold til artikel 29.6
2.
Det påhviler den svarende part at varetage den logistiske administration af voldgiftsproceduren, navnlig tilrettelæggelse af høringer, medmindre andet aftales. Parterne dækker imidlertid ligeligt de administrative udgifter i forbindelse med voldgiftsproceduren samt vederlag og alle rejse- og opholdsudgifter samt almindelige udgifter for voldgiftsmændene og deres assistenter.
Meddelelser
3.
Medmindre andet aftales, indgives en anmodning, en meddelelse, et skriftligt indlæg eller andre dokumenter af parterne og voldgiftspanelet pr. e-mail, idet der samme dag fremsendes en kopi ved faxoverførsel, anbefalet post, kurer, aflevering mod kvittering eller ethvert andet telekommunikationsmiddel, der giver bevis for indgivelsen. Medmindre andet bevises, anses en e-mail for at være modtaget på dagen for dens afsendelse.
4.
Når der kommunikeres skriftligt, skal en part forelægge en elektronisk kopi af sine meddelelser for den anden part og hver af voldgiftsmændene.
5.
Mindre, rent formelle fejl i anmodninger, meddelelser, skriftlige indlæg eller andre dokumenter vedrørende voldgiftsproceduren kan berigtiges ved indgivelse af et nyt dokument, hvori ændringerne klart er angivet.
6.
Hvis sidste dag for indgivelse af et dokument er en officiel helligdag eller hviledag i Canada eller Den Europæiske Union, kan dokumentet indgives den efterfølgende arbejdsdag. Ingen dokumenter, meddelelser eller anmodninger af nogen art kan anses for at være modtaget på en offentlig fridag.
7.
Alt afhængigt af de omtvistede bestemmelser sendes der af alle anmodninger og meddelelser, som stiles til Det Blandede CETA-Udvalg i overensstemmelse med dette kapitel, en kopi til andre relevante institutionelle organer.
Indledning af voldgift
8.
Medmindre parterne aftaler andet, mødes de med voldgiftspanelet senest syv arbejdsdage efter panelets nedsættelse for at tage stilling til spørgsmål, som parterne eller voldgiftspanelet anser for relevante, herunder voldgiftsmændenes vederlag og godtgørelsen af deres udgifter, som skal være i overensstemmelse med WTO-standarderne. Vederlaget til hver voldgiftsmands assistent må ikke overstige 50 % af den pågældende voldgiftsmands samlede vederlag. Voldgiftsmændene og parternes repræsentanter kan deltage i dette møde pr. telefon- eller videokonference.
9.
a)
Medmindre parterne aftaler andet senest fem arbejdsdage efter datoen for nedsættelsen af voldgiftspanelet, er panelets mandat:
»på baggrund af de relevante bestemmelser i aftalen at undersøge det anliggende, hvortil der henvises i anmodningen om nedsættelse af voldgiftspanelet, at afgøre, hvorvidt den pågældende foranstaltning er forenelig med de i artikel 29.2 omhandlede bestemmelser, og at afsige en kendelse i overensstemmelse med artikel 29.10, 29.17 og 29.18.«
b)
Parterne meddeler voldgiftspanelet det aftalte mandat senest tre arbejdsdage efter, at de er nået til enighed herom.
c)
Voldgiftspanelet kan træffe afgørelse om sin egen kompetence.
Indledende indlæg
10.
Den anmodende part indgiver sit indledende skriftlige indlæg senest 10 dage efter datoen for nedsættelsen af voldgiftspanelet. Den svarende part indgiver sit skriftlige modindlæg senest 21 dage efter datoen for indgivelse af det indledende skriftlige indlæg.
Arbejdsgang i voldgiftspaneler
11.
Formanden for voldgiftspanelet leder alle panelets møder. Et voldgiftspanel kan bemyndige formanden til at træffe administrative og proceduremæssige afgørelser.
12.
Høringerne finder sted ansigt til ansigt. Medmindre der i dette kapitel er fastsat andet, kan voldgiftspanelet varetage sine andre opgaver på enhver vis, herunder pr. telefon, telefax eller it-forbindelse, jf. dog punkt 30.
13.
Kun voldgiftsmænd må deltage i voldgiftspanelets drøftelser, men panelet kan give sine assistenter tilladelse til at overvære drøftelserne.
14.
Det er alene voldgiftspanelets ansvar at udarbejde en kendelse, og denne opgave må ikke overdrages til andre.
15.
Voldgiftspanelets resultater, konklusioner og henstillinger i henhold til artikel 29.9 og 29.10 bør fastlægges ved konsensus, men hvis det ikke er muligt, med stemmeflertal blandt medlemmerne.
16.
Voldgiftsmændene kan afgive særskilte udtalelser om spørgsmål, hvorom der ikke opnås enstemmighed.
17.
Hvis der opstår proceduremæssige spørgsmål, som ikke er omfattet af bestemmelserne i kapitel niogtyve (tvistbilæggelse), kan voldgiftspanelet efter samråd med parterne vedtage en hensigtsmæssig procedure, som er forenelig med nævnte bestemmelser, og som sikrer ligebehandling af parterne.
18.
Hvis voldgiftspanelet skønner, at der er behov for at ændre en tidsfrist for proceduren eller for at foretage andre proceduremæssige eller administrative justeringer i proceduren, som kan være påkrævet for at opnå rimelighed og effektivitet i procedurerne, skal det skriftligt underrette parterne om begrundelserne for den pågældende ændring eller justering med angivelse af den frist eller justering, der er behov for. Voldgiftspanelet kan efter samråd med parterne vedtage en sådan ændring eller justering.
19.
Alle frister, der er nævnt i dette kapitel og dette bilag, kan ændres efter aftale mellem parterne. Hvis en part anmoder herom, kan voldgiftspanelet ændre de frister, der gælder for proceduren.
20.
Voldgiftspanelet suspenderer sit arbejde:
a)
efter anmodning fra den anmodende part i en periode, der er fastsat i anmodningen, men ikke overstiger 12 på hinanden følgende måneder, og genoptager det efter anmodning fra den anmodende part, eller
b)
efter at den har udstedt sin foreløbige rapport eller i tilfælde af en procedure vedrørende uenighed om ækvivalens i henhold til artikel 29.14 eller en procedure i henhold til artikel 29.15, men kun efter anmodning fra begge parter, i en periode, der er fastsat i anmodningen, og genoptager det efter anmodning fra en af parterne.
Hvis der ikke anmodes om genoptagelse af voldgiftspanelets arbejde ved udløbet af den periode, der er anført i anmodningen om suspension, afsluttes proceduren. Indstillingen af voldgiftspanelets arbejde berører ikke parternes rettigheder i forbindelse med en anden procedure vedrørende samme anliggende under kapitel niogtyve (Tvistbilæggelse).
Udskiftning
21.
Hvis en voldgiftsmand ikke kan deltage i proceduren, trækker sig tilbage eller skal udskiftes, vælges en afløser i overensstemmelse med artikel 29.7.3.
22.
Finder en part, at en voldgiftsmand ikke overholder kravene i adfærdskodeksen i bilag 29-B (»Adfærdskodeksen«) og derfor skal udskiftes, underretter denne part den anden part herom, senest 15 dage efter at den er blevet bekendt med omstændighederne ved voldgiftsmandens brud på adfærdskodeksen.
23.
Hvis en part finder, at en voldgiftsmand, bortset fra formanden, ikke overholder kravene i adfærdskodeksen, rådfører parterne sig med hinanden og udskifter, såfremt de når til enighed, voldgiftsmanden ved at vælge en afløser efter proceduren i artikel 29.7.3.
Hvis parterne ikke er enige om, hvorvidt en voldgiftsmand bør udskiftes, kan de hver især anmode om, at sagen henvises til formanden for voldgiftspanelet, hvis afgørelse er endelig.
Hvis formanden som følge af en sådan anmodning finder, at en voldgiftsmand ikke overholder kravene i adfærdskodeksen, vælger han eller hun en ny voldgiftsmand ved lodtrækning fra den i artikel 29.8.1 omhandlede liste over personer, på hvilken den oprindelige voldgiftsmand var opført. Hvis den oprindelige voldgiftsmand blev valgt af parterne i henhold til artikel 29.7, skal afløseren vælges ved lodtrækning blandt de personer, der foreslås af den anmodende part og den svarende part i henhold til artikel 29.8.1. Den nye voldgiftsmand udvælges senest fem arbejdsdage efter datoen for indgivelse af anmodningen om udskiftning til formanden for voldgiftspanelet.
24.
Hvis en part finder, at formanden for voldgiftspanelet ikke overholder kravene i adfærdskodeksen, rådfører parterne sig med hinanden og afskediger, såfremt de når til enighed, formanden og vælger en afløser efter proceduren i artikel 29.7.3.
Hvis parterne ikke er enige om, hvorvidt formanden bør udskiftes, kan de hver især anmode om, at sagen henvises til de øvrige to voldgiftsmænd. Voldgiftsmændenes afgørelse om, hvorvidt formanden skal udskiftes, er endelig.
Hvis voldgiftsmændene finder, at formanden ikke opfylder kravene i adfærdskodeksen, udvælger de en ny formand ved lodtrækning blandt de tilbageværende personer på den i artikel 29.8.1 omhandlede liste. Den nye formand udvælges senest fem arbejdsdage efter indgivelsen af den i dette punkt omhandlede anmodning.
Hvis voldgiftsmændene ikke kan træffe en afgørelse inden 10 dage efter, at sagen er indbragt for dem, finder den i artikel 29.7 omhandlede procedure anvendelse.
25.
Voldgiftsproceduren suspenderes i den tid, det tager at gennemføre den i stk. 21-24 omhandlede procedure.
Høringer
26.
Formanden fastsætter datoen og tidspunktet for en høring i samråd med parterne og de øvrige voldgiftsmænd og bekræfter dette skriftligt over for parterne. Den part, som varetager den logistiske administration af proceduren, stiller også disse oplysninger til rådighed for offentligheden, jf. dog pkt. 39.
27.
Medmindre parterne aftaler andet, afholdes høringen i Bruxelles i de tilfælde, hvor den anmodende part er Canada, og i Ottawa i de tilfælde, hvor den anmodende part er Den Europæiske Union.
28.
Der bør som hovedregel kun gennemføres en høring. Voldgiftspanelet kan på eget initiativ eller efter anmodning fra en af parterne indkalde til yderligere en høring, hvis tvisten vedrører særligt komplekse spørgsmål. Der indkaldes ikke til yderligere høringer i forbindelse med procedurerne efter artikel 29.14 og 29.15 undtagen i tilfælde af uenighed om overholdelse og ækvivalens.
29.
Alle voldgiftsmænd skal være til stede under hele høringsforløbet.
30.
Følgende personer kan deltage i en høring, uanset om proceduren er åben for offentligheden eller ej:
a)
repræsentanter for parterne
b)
parternes rådgivere
c)
administrativt personale, tolke, oversættere og retsskrivere samt
d)
voldgiftsmændenes assistenter.
Kun repræsentanter og rådgivere for parterne må rette henvendelse til voldgiftspanelet.
31.
Senest fem arbejdsdage inden en høring skal hver part samtidigt give voldgiftspanelet og den anden part en liste med navnene på de fysiske personer, der på den pågældende parts vegne vil fremføre mundtlige anbringender eller indlæg under høringen, og på andre repræsentanter eller rådgivere, som vil deltage i høringen.
32.
Voldgiftspanelet afholder høringen på følgende måde, idet det sikres, at den anmodende part og den svarende part får tildelt lige meget tid:
Anbringende
a)
den anmodende parts anbringende
b)
den svarende parts anbringende
Modanbringende
a)
den anmodende parts replik
b)
den svarende parts duplik
33.
Voldgiftspanelet kan stille spørgsmål til begge parter når som helst under en høring.
34.
Voldgiftspanelet skal efter at have modtaget bemærkningerne fra parterne give disse et endeligt referat af hver høring.
35.
Senest 10 arbejdsdage efter høringen kan hver part til voldgiftsmændene og den anden part afgive et supplerende skriftligt indlæg vedrørende spørgsmål, der opstod under høringen.
Skriftlige forespørgsler
36.
Voldgiftspanelet kan under proceduren når som helst rette skriftlige forespørgsler til en eller begge parter. Hver part modtager en kopi af alle voldgiftspanelets forespørgsler.
37.
Hver part sender også en kopi af partens skriftlige besvarelser af voldgiftspanelets forespørgsler til den anden part. Hver part har mulighed for at fremsætte skriftlige bemærkninger til den anden parts besvarelse senest fem arbejdsdage efter modtagelsen heraf.
Gennemsigtighed og fortrolighed
38.
Med forbehold af stk. 39 gør hver part sine bemærkninger offentligt tilgængelige, og voldgiftspanelets høringer er åbne for offentligheden, medmindre parterne aftaler andet.
39.
Voldgiftspanelet mødes for lukkede døre, hvis en parts indlæg og anbringender indeholder fortrolige forretningsoplysninger. Parterne holder voldgiftspanelets høringer fortrolige, når de afholdes for lukkede døre. Parterne og deres rådgivere behandler de oplysninger, som den anden part har forelagt voldgiftspanelet og udpeget som fortrolige, som sådanne. Når en parts indlæg til voldgiftspanelet indeholder fortrolige oplysninger, skal denne part også inden 15 dage forelægge en ikke-fortrolig version af indlæggene, som kan videregives til offentligheden.
Ex parte
-kontakter
40.
Voldgiftspanelet må ikke mødes eller tage kontakt med en part i den anden parts fravær.
41.
Voldgiftsmænd må ikke i de andre voldgiftsmænds fravær drøfte aspekter af de forhold, der er genstand for sagen, med en part eller begge parter.
Information og teknisk rådgivning
42.
Efter anmodning fra en part i tvisten eller på eget initiativ kan voldgiftspanelet indhente oplysninger og teknisk rådgivning fra enhver person eller ethvert organ, som det skønner hensigtsmæssigt, på de vilkår eller betingelser, der er aftalt af parterne. Alle oplysninger, der indhentes på denne måde, skal være tilgængelige for parterne, og de skal kunne fremsætte bemærkninger hertil.
Amicus curiae
-indlæg
43.
Ikke-statslige personer, som er etableret på en parts område, kan indgive amicus curiae-indlæg til voldgiftspanelet i overensstemmelse med følgende punkter.
44.
Medmindre parterne aftaler andet senest fem dage efter datoen for nedsættelsen af voldgiftspanelet, kan panelet modtage uanmodede skriftlige indlæg, forudsat at disse afgives senest 10 dage efter voldgiftspanelets nedsættelse, at de under ingen omstændigheder fylder mere end 15 maskinskrevne sider inkl. eventuelle bilag, og at de er direkte relevante for det spørgsmål, der behandles af voldgiftspanelet.
45.
Indlægget skal indeholde en beskrivelse af den fysiske eller juridiske person, der afgiver det, herunder karakteren af den pågældende persons aktiviteter og finansieringskilde og af dens interesse i voldgiftsproceduren. Det skal være affattet på de sprog, som parterne har valgt i overensstemmelse med punkt 48 og 49.
46.
Voldgiftspanelet opregner i sin kendelse alle de indlæg, det har modtaget, som er i overensstemmelse med denne forretningsorden. Voldgiftspanelet har ikke pligt til i sin kendelse at behandle de anbringender, der fremføres i sådanne indlæg. Voldgiftspanelet skal forelægge parterne alle de indlæg, det modtager, med henblik på bemærkninger.
Hastesager
47.
I hastende tilfælde, som er omhandlet i artikel 29.11, justerer voldgiftspanelet i samråd med parterne og efter behov de frister, der er nævnt i denne forretningsorden, og underretter parterne herom.
Arbejdssprog for proceduren, oversættelse og tolkning
48.
Under de i artikel 29.7.2 omhandlede konsultationer og senest på det i punkt 8 omhandlede møde bestræber parterne sig på at nå til enighed om et fælles arbejdssprog til brug for proceduren ved voldgiftspanelet.
49.
Hvis parterne ikke kan nå til enighed om et fælles arbejdssprog, sørger de hver især for oversættelse af deres skriftlige indlæg til det sprog, den anden part har valgt, og afholder udgifterne hertil. Den svarende part sørger for tolkning af de mundtlige indlæg til de sprog, parterne har valgt.
50.
Voldgiftspanelets kendelser udarbejdes på det eller de sprog, parterne har valgt.
51.
Udgifterne til oversættelse af en voldgiftskendelse til det eller de sprog, parterne har valgt, fordeles ligeligt mellem parterne.
52.
En part kan fremsætte bemærkninger til nøjagtigheden af en oversat udgave af et dokument, der er udarbejdet i overensstemmelse med denne forretningsorden.
Beregning af frister
53.
Alle de i dette kapitel og dette bilag fastsatte frister, herunder voldgiftspanelernes frist til at meddele deres kendelser, regnes i kalenderdage fra dagen efter den handling eller den kendsgerning, som de vedrører, medmindre andet er fastsat.
54.
Hvis en part på grund af anvendelsen af punkt 6 modtager et dokument på en anden dato end den, hvor den anden part modtog samme dokument, skal enhver frist, der beregnes ud fra datoen for modtagelsen af nævnte dokument, beregnes ud fra den dato, hvor dokumentet sidst er modtaget.
Andre procedurer
55.
De i denne forretningsorden fastsatte frister tilpasses efter de særlige frister, der er fastsat for voldgiftspanelets afsigelse af en kendelse i forbindelse med disse andre procedurer i henhold til artikel 29.14 og 29.15.
56.
Hvis det oprindelige voldgiftspanel eller nogle af dets medlemmer ikke kan træde sammen i forbindelse med de procedurer, der er fastsat i henhold til artikel 29.14 og 29.15, finder proceduren i artikel 29.7 anvendelse. Fristen for meddelelse af kendelsen forlænges i så fald med 20 dage.
BILAG 29-B
ADFÆRDSKODEKS FOR VOLDGIFTSMÆND OG MÆGLERE
Definitioner
1.
I dette kapitel og i denne adfærdskodeks betyder:
voldgiftsmand
: et medlem af et voldgiftspanel, der er nedsat i henhold til artikel 29.7
assistent
: en fysisk person, som efter mandat fra en voldgiftsmand foretager undersøgelser for eller bistår voldgiftsmanden
kandidat
: en person, hvis navn står på den i artikel 29.8 omhandlede liste over voldgiftsmænd, og som overvejes udvalgt til medlem af et voldgiftspanel efter artikel 29.7
mægler
: en fysisk person, der foretager mægling i overensstemmelse med artikel 29.5
procedure
: en voldgiftsprocedure, medmindre andet er angivet
personale
: for så vidt angår en voldgiftsmand fysiske personer, der arbejder under voldgiftsmandens ledelse og tilsyn, dog ikke assistenter.
Kandidaters og voldgiftsmænds ansvarsområde
2.
Enhver kandidat og voldgiftsmand skal undgå utilbørlig adfærd og adfærd, der kan udlægges som utilbørlig, være uafhængig og upartisk, undgå direkte og indirekte interessekonflikter og iagttage en høj adfærdsstandard, således at integriteten og upartiskheden i tvistbilæggelsesordningen bevares. Tidligere voldgiftsmænd skal overholde de forpligtelser, der er fastsat i denne adfærdskodeks' punkt 16-19.
Oplysningsforpligtelser
3.
Forud for bekræftelsen af en kandidats udvælgelse til voldgiftsmand i henhold til dette kapitel skal han eller hun oplyse om interesser, forbindelser og andre forhold, som kan formodes at påvirke den pågældendes uafhængighed eller upartiskhed, eller som kan formodes at give indtryk af utilbørlig adfærd eller partiskhed i forbindelse med sagen. I dette øjemed skal en kandidat gøre enhver rimelig indsats for at få kendskab til sådanne interesser, forbindelser og andre forhold.
4.
Uden at den generelle karakter af ovenstående dermed indskrænkes, skal kandidater oplyse om følgende interesser, forbindelser og spørgsmål:
1)
alle kandidatens finansielle interesser:
a)
i proceduren eller i dens resultat, og
b)
i en administrativ procedure, en indenlandsk retsprocedure eller en anden panel- eller udvalgsprocedure, som omfatter emner, der kan blive truffet afgørelse om inden for rammerne af den procedure, kandidaten er i betragtning til
2)
alle de finansielle interesser, som kandidatens arbejdsgiver, partner, forretningsforbindelse eller familiemedlemmer har
a)
i proceduren eller i dens resultat, og
b)
i en administrativ procedure, en indenlandsk retsprocedure eller en anden panel- eller udvalgsprocedure, som omfatter emner, der kan blive truffet afgørelse om inden for rammerne af den procedure, kandidaten er i betragtning til
3)
alle tidligere eller bestående finansielle, erhvervsmæssige, faglige, familiemæssige eller sociale forbindelser med nogen af de i proceduren interesserede parter eller disses juridiske rådgivere, eller enhver form for forbindelse med en kandidats arbejdsgiver, partner, forretningsforbindelse eller familiemedlem, og
4)
offentlig støtte eller juridisk eller anden form for repræsentation i forbindelse med et tvistemne i proceduren eller vedrørende samme anliggender.
5.
En kandidat eller voldgiftsmand skal videregive oplysninger om spørgsmål vedrørende aktuelle eller potentielle overtrædelser af denne adfærdskodeks til Det Blandede CETA-Udvalg med henblik på parternes gennemgang deraf.
6.
Efter udvælgelsen skal en voldgiftsmand vedblive med at gøre enhver rimelig indsats for at få kendskab til eventuelle interesser, forbindelser og andre forhold som omhandlet i stk. 3 og oplyse om disse. En voldgiftsmand har en vedvarende forpligtelse til at oplyse om alle interesser, forbindelser og andre forhold, der måtte komme frem på et hvilket som helst trin i proceduren. Voldgiftsmanden skal oplyse om sådanne interesser, forbindelser og forhold ved skriftligt at underrette Det Blandede CETA-Udvalg derom med henblik på parternes gennemgang deraf.
Voldgiftsmændenes pligter
7.
Efter udvælgelsen skal en voldgiftsmand være til rådighed til at udføre sine opgaver omhyggeligt og hurtigt under hele procedurens forløb og udvise loyalitet og rettidig omhu.
8.
En voldgiftsmand må kun behandle spørgsmål, der rejses i forbindelse med proceduren, og som har betydning for kendelsen, og må ikke overdrage denne opgave til andre.
9.
En voldgiftsmand skal træffe alle nødvendige foranstaltninger til at sikre, at vedkommendes assistent og personale er bekendt med og overholder bestemmelserne i denne adfærdskodeks' punkt 2-6 og 17-19.
10.
En voldgiftsmand må ikke etablere ex parte-kontakter, der vedrører proceduren.
Voldgiftsmændenes uafhængighed og upartiskhed
11.
En voldgiftsmand skal undgå adfærd, der kan udlægges som partisk, og må ikke lade sig påvirke af egne interesser, udefrakommende pres, politiske overvejelser, offentlige protester, loyalitet over for en part eller frygt for kritik.
12.
En voldgiftsmand må ikke hverken direkte eller indirekte påtage sig nogen forpligtelse eller acceptere nogen fordel, som på nogen måde ville være til hinder for eller give indtryk af at være til hinder for, at han eller hun udfører sine opgaver korrekt.
13.
En voldgiftsmand må ikke udnytte sin stilling som medlem af voldgiftspanelet til at fremme personlige eller private interesser og skal undgå handlinger, som kan give det indtryk, at andre befinder sig i en særlig position med hensyn til at påvirke medlemmet.
14.
En voldgiftsmand må ikke lade finansielle, forretningsmæssige, faglige, familiemæssige eller sociale forbindelser eller forpligtelser påvirke sin adfærd eller dømmekraft.
15.
En voldgiftsmand skal undgå at etablere forbindelser eller erhverve finansielle interesser, som kan formodes at påvirke medlemmets upartiskhed eller give indtryk af utilbørlig eller partisk adfærd.
Tidligere voldgiftsmænds forpligtelser
16.
Alle tidligere voldgiftsmænd skal undgå handlinger, der kan give det indtryk, at de var partiske under varetagelsen af deres opgaver eller drog fordel af voldgiftspanelets afgørelse eller kendelse.
Fortrolighed
17.
En voldgiftsmand eller en tidligere voldgiftsmand må på intet tidspunkt videregive eller gøre brug af ikke-offentlige oplysninger, der vedrører en procedure eller er indhentet under en procedure, medmindre det sker som led i proceduren, og må under ingen omstændigheder videregive eller gøre brug af sådanne oplysninger til egen eller andres fordel eller til skade for andres interesser.
18.
En voldgiftsmand må ikke videregive et voldgiftspanels kendelse eller dele heraf, før den er offentliggjort i overensstemmelse med dette kapitel.
19.
En voldgiftsmand eller tidligere voldgiftsmand må på intet tidspunkt oplyse om et voldgiftspanels drøftelser eller om et medlems standpunkter.
Udgifter
20.
Voldgiftsmænd fører hver især regnskab med og udarbejder en endelig opgørelse over den tid, de har anvendt til proceduren, og de hertil medgåede udgifter samt den tid og de udgifter, deres assistenter har anvendt/haft.
Mæglere
21.
Denne adfærdskodeks gælder tilsvarende for mæglere.
BILAG 29-C
FORRETNINGSORDEN VEDRØRENDE MÆGLING
Artikel 1
Formål
I tillæg til artikel 29.5 er formålet med dette bilag at gøre det lettere at finde en gensidigt acceptabel løsning på problemer ved hjælp af en udførlig og hurtig procedure med mæglerbistand.
AFDELING A
Mæglingsprocedure
Artikel 2
Indledning af proceduren
1.   En part kan til enhver tid anmode om, at parterne indleder en mæglingsprocedure. Der skal i så fald fremsendes en skriftlig anmodning til den anden part. Anmodningen skal være tilstrækkelig detaljeret til at fremstille den anmodende parts indvendinger klart, og den skal:
a)
udpege den specifikke foranstaltning, det drejer sig om,
b)
omfatte en redegørelse for de negative virkninger, som foranstaltningen efter den anmodende parts opfattelse har eller vil få for handelen eller investeringerne mellem parterne, og
c)
gøre rede for, hvordan der efter den anmodende parts opfattelse er sammenhæng mellem disse virkninger og foranstaltningen.
2.   Mæglingsproceduren kan kun indledes efter gensidig aftale mellem parterne. Når en part anmoder om mægling i henhold til stk. 1, skal den anden part behandle anmodningen i god tro og svare skriftligt senest 10 dage efter modtagelsen.
Artikel 3
Valg af mægler
1.   Ved starten af mæglingsproceduren skal parterne blive enige om en mægler, hvis det er muligt, senest 15 dage efter modtagelsen af svaret på anmodningen om mægling.
2.   En mægler må ikke være statsborger i en af parterne, medmindre parterne aftaler andet.
3.   Mægleren bistår på en upartisk og gennemskuelig måde parterne med at skaffe klarhed over foranstaltningen og dens mulige virkninger for handelen og med at nå til enighed om en gensidigt acceptabel løsning. I tilslutning til pkt. 21 i bilag 29-B finder adfærdskodeksen for voldgiftsmænd og mæglere anvendelse på mæglere. Pkt. 3-7 og 48-54 i forretningsordenen vedrørende voldgift i bilag 29-A finder tilsvarende anvendelse.
Artikel 4
Forretningsorden vedrørende mægling
1.   Senest 10 dage efter udpegelsen af mægleren forelægger den part, der har anmodet om mæglingsproceduren, mægleren og den anden part en skriftlig, detaljeret redegørelse for problemet, herunder navnlig en redegørelse for, hvordan den anfægtede foranstaltning fungerer, og hvilke virkninger den har for handelen. Senest 20 dage efter indgivelsen heraf kan den anden part fremsætte skriftlige bemærkninger til redegørelsen for problemet. Hver part kan inddrage oplysninger, som de anser for relevante, i deres redegørelse eller bemærkninger.
2.   Mægleren kan træffe afgørelse om, hvordan der bedst skaffes klarhed over den pågældende foranstaltning og dens mulige handelsrelaterede virkninger. Mægleren kan navnlig tilrettelægge møder mellem parterne, høre dem sammen eller hver for sig, søge bistand hos eller rådføre sig med relevante eksperter 
(
1
)
 og berørte parter samt yde yderligere støtte, som parterne måtte anmode om. Inden mægleren søger bistand hos eller rådfører sig med relevante eksperter og berørte parter, hører vedkommende dog parterne.
3.   Mægleren kan tilbyde rådgivning og foreslå en løsning, som parterne kan overveje og acceptere eller afvise, eller de kan blive enige om en anden løsning. Mægleren kan dog ikke rådgive vedrørende den anfægtede foranstaltnings overensstemmelse med denne aftale eller fremsætte bemærkninger herom.
4.   Proceduren finder sted på den parts territorium, som anmodningen blev sendt til, eller et andet sted eller på en anden måde, som parterne er enige om.
5.   Parterne bestræber sig på at nå frem til en gensidigt acceptabel løsning senest 60 dage efter udpegelsen af mægleren. Indtil der opnås enighed, kan parterne overveje eventuelle midlertidige løsninger, særlig hvis foranstaltningen vedrører letfordærvelige varer.
6.   Løsningen kan vedtages ved en afgørelse, der træffes i Det Blandede CETA-Udvalg. Gensidigt acceptable løsninger offentliggøres. Den offentliggjorte udgave må dog ikke indeholde oplysninger, der af en part er udpeget som fortrolige.
7.   Efter anmodning fra parterne sender mægleren parterne et skriftligt udkast til en faktuel redegørelse, som kort beskriver den foranstaltning, der er genstand for proceduren, den fulgte procedure og den gensidigt acceptable løsning, der måtte være det endelige resultat af denne procedure, herunder eventuelle midlertidige løsninger. Mægleren giver parterne 15 dage til at fremsætte bemærkninger til udkastet. Efter at have gennemgået de bemærkninger, parterne fremsætter inden for denne frist, forelægger mægleren skriftligt en endelig faktuel redegørelse for parterne efter højst 15 dage. Den faktuelle rapport må ikke indeholde nogen fortolkning af denne aftale.
8.   Proceduren afsluttes:
a)
ved parternes vedtagelse af en gensidigt acceptabel løsning, på datoen for vedtagelsen
b)
ved en skriftlig erklæring fra mægleren, efter høring af parterne, om at yderligere mægling ville være formålsløs
c)
ved en skriftlig erklæring, som en af parterne afgiver efter at have undersøgt gensidigt acceptable løsninger i løbet af mæglingsproceduren og efter at have overvejet mæglerens eventuelle rådgivende udtalelser og forslag til løsninger. En sådan erklæring kan ikke udstedes, før den periode, der er fastsat i artikel 4.5, er udløbet eller
d)
efter aftale mellem parterne på et hvilket som helst tidspunkt i løbet af proceduren.
AFDELING B
Gennemførelse
Artikel 5
Gennemførelse af en gensidigt accepteret løsning
1.   Er parterne blevet enige om en løsning, træffer hver part de foranstaltninger, som er nødvendige for at gennemføre den gensidigt accepterede løsning inden for den aftalte frist.
2.   Den part, der gennemfører løsningen, oplyser skriftligt den anden part om de tiltag eller foranstaltninger, der er truffet for at gennemføre den gensidigt accepterede løsning.
AFDELING C
Generelle bestemmelser
Artikel 6
Fortrolighed og forhold til tvistbilæggelse
1.   Medmindre parterne aftaler andet, er alle faser af proceduren fortrolige, herunder eventuelle rådgivende udtalelser og foreslåede løsninger, jf. dog artikel 4.6. Dog kan en part meddele offentligheden, at der finder mægling sted. Tavshedspligten gælder ikke for faktuelle oplysninger, der allerede er tilgængelige for offentligheden.
2.   Mæglingsproceduren berører ikke parternes rettigheder og forpligtelser i henhold til bestemmelserne om tvistbilæggelse i denne aftale eller en anden aftale.
3.   Konsultationer er ikke påkrævet, før mæglingsproceduren indledes. En part bør dog sædvanligvis gøre brug af de andre relevante bestemmelser om samarbejde eller konsultationer i denne aftale, før den indleder mæglingsproceduren.
4.   I forbindelse med andre tvistbilæggelsesprocedurer i henhold til denne aftale eller en anden aftale må en part ikke anvende følgende som dokumentation eller bevis, og et voldgiftspanel må ikke i overvejelserne inddrage:
a)
den anden parts holdning under mæglingsproceduren eller oplysninger, der er indsamlet efter artikel 4.2,
b)
den anden parts tilkendegivelse af villighed til at acceptere en løsning vedrørende den foranstaltning, der er genstand for mæglingen, eller
c)
rådgivende udtalelser eller forslag fremsat af mægleren.
5.   En mægler kan ikke deltage i et panel i en tvistbilæggelsesprocedure i henhold til denne aftale eller i henhold til WTO-overenskomsten, der vedrører det samme anliggende, som vedkommende har været mægler for.
Artikel 7
Frister
Alle frister, der er omhandlet i dette bilag, kan ændres efter aftale mellem parterne.
Artikel 8
Omkostninger
1.   Hver part bærer sine omkostninger ved deltagelse i en mæglingsprocedure.
2.   Parterne deler ligeligt omkostningerne til organisatoriske aspekter, herunder mæglerens vederlag og udgifter. Mæglerens vederlag skal ligge på linje med vederlaget for formanden for et voldgiftspanel, jf. forretningsordenens bilag 29-A, punkt 8.
Artikel 9
Revision
Fem år efter denne aftales ikrafttræden konsulterer parterne hinanden om behovet for at ændre mæglingsordningen på baggrund af de opnåede erfaringer og udviklingen af tilsvarende ordninger i WTO.
(
1
)
  En part kan ikke gøre indsigelse mod, at en ekspert høres i en tvistbilæggelsesprocedure i henhold til dette kapitel eller i henhold til WTO-overenskomsten, alene med den begrundelse, at eksperten er blevet hørt i henhold til dette punkt.
BILAG 30-A
LISTE OVER BILATERALE INVESTERINGSAFTALER MELLEM CANADA OG DEN EUROPÆISKE UNIONS MEDLEMSSTATER
Aftale mellem Republikken Kroatiens regering og Canadas regering om fremme og beskyttelse af investeringer,
 udfærdiget i Ottawa den 3. februar 1997.
Aftale mellem Republikken Tjekkiets regering og Canadas regering om fremme og beskyttelse af investeringer,
 udfærdiget i Prag den 6. maj 2009.
Aftale mellem Republikken Ungarns regering og Canadas regering om fremme og gensidig beskyttelse af investeringer,
 udfærdiget i Ottawa den 3. oktober 1991.
Aftale mellem Republikken Letlands regering og Canadas regering om fremme og beskyttelse af investeringer,
 udfærdiget i Riga den 5. maj 2009.
Udveksling af noter mellem Canadas regering og Republikken Maltas regering, der udgør en aftale vedrørende forsikring af udenlandske investeringer
, udfærdiget i Valletta den 24. maj 1982.
Aftale mellem Republikken Polens regering og Canadas regering om fremme og gensidig beskyttelse af investeringer,
 udfærdiget i Warszawa den 6. april 1990.
Aftale mellem Republikken Rumæniens regering og Canadas regering om fremme og gensidig beskyttelse af investeringer,
 udfærdiget i Bukarest den 8. maj 2009.
Aftale mellem Republikken Slovakiet og Canada om fremme og beskyttelse af investeringer,
 udfærdiget i Prag den 20. juli 2010.
BILAG 30-B
ÆNDRINGER TIL AFTALEN OM ALKOHOLISKE DRIKKEVARER FRA 1989 OG AFTALEN OM VIN OG SPIRITUS FRA 2003
AFDELING A
I artikel 1 i aftalen om alkoholiske drikkevarer fra 1989, som ændret ved bilag VIII til aftalen om vin og spiritus fra 2003, indsættes følgende definition:
»»kompetent myndighed«
: en regering eller kommission, bestyrelse eller andet offentligt organ i en part, der har hjemmel i loven til at kontrollere salget af vin og destilleret spiritus.«
AFDELING B
Artikel 2.2, litra b), i aftalen om alkoholiske drikkevarer fra 1989, som ændret ved bilag VIII til aftalen om vin og spiritus fra 2003, affattes således:
»b)
som kræver, at der fra eksterne private vinudsalgssteder i Ontario og British Columbia kun sælges vin, der er fremstillet af canadiske vinfremstillingsvirksomheder. Antallet af disse eksterne private vinudsalgssteder, som kun har tilladelse til at sælge vin, der er fremstillet af canadiske vinfremstillingsvirksomheder i disse provinser, må ikke overstige 292 i Ontario og 60 i British Columbia.«
AFDELING C
Artikel 4 i aftalen om alkoholiske drikkevarer fra 1989, som ændret ved bilag VIII til aftalen om vin og spiritus fra 2003, affattes således:
»Artikel 4
Handelsmæssig behandling
1.   De kompetente myndigheder overholder bestemmelserne i GATT-aftalens artikel XVII om statslige handelsvirksomheder i forbindelse med udøvelsen af deres beføjelser vedrørende køb, distribution og detailsalg af produkter med oprindelse i den anden part, herunder med henblik på, at der kun træffes beslutninger i overensstemmelse med handelsmæssige hensyn, og de indrømmer i overensstemmelse med sædvanlig handelsmæssig praksis den anden parts virksomheder passende muligheder for at konkurrere om deltagelsen i sådanne køb.
2.   Hver part træffer alle mulige foranstaltninger til at sikre, at en virksomhed, som har fået tildelt et monopol inden for handel med og salg af vin og spiritus på dens territorium, ikke udnytter sin monopolstilling til, enten direkte eller indirekte, herunder via sine forbindelser med sit moderselskab, datterselskaber eller andre virksomheder med fælles ejerskab, at sælge vin og spiritus på et marked uden for det område, hvor virksomheden har en monopolstilling, som forårsager en konkurrencebegrænsende virkning, der medfører en mærkbar begrænsning af konkurrencen på dette marked.«
AFDELING D
Artikel 4a i aftalen om alkoholiske drikkevarer fra 1989, som ændret ved bilag VIII til aftalen om vin og spiritus fra 2003, affattes således:
»4a — Prisfastsættelse
1.   Parternes kompetente myndigheder sikrer, at bruttofortjenester, serviceomkostninger eller andre priselementer ikke er diskriminerende, at de anvendes på alt detailsalg og er i overensstemmelse med artikel 2.
2.   Der kan kun være tale om en serviceomkostningsforskel for den anden parts produkter, hvis den ikke overstiger de nødvendige ekstraomkostninger i forbindelse med markedsføring af den anden parts produkter under hensyntagen til ekstraomkostninger, som bl.a. er resultatet af leverancemetoder og -hyppighed.
3.   Hver part sikrer, at serviceomkostninger ikke anvendes på den anden parts produkter på grundlag af produktets værdi.
4.   Serviceomkostningsforskellen skal i overensstemmelse med almindelig regnskabspraksis begrundes af uafhængige revisorer på grundlag af en revision, der gennemføres på den anden parts anmodning senest et år efter ikrafttrædenaf aftalen om vin og spiritus fra 2003 og efterfølgende på den pågældende parts anmodning mindst hvert fjerde år. Revisionsresultaterne forelægges begge parter senest et år efter anmodningen.
5.   De kompetente myndigheder ajourfører serviceomkostningsforskellen efter behov for at afspejle den forpligtelse, der er indgået i medfør af artikel 4a, stk. 2.
6.   De kompetente myndigheder oplyser om gældende serviceomkostningsforskelle gennem offentligt tilgængelige kommunikationsmidler som f.eks. deres officielle websted.
7.   De kompetente myndigheder opretter et kontaktpunkt for den anden parts spørgsmål og problemer med hensyn til serviceomkostningsforskelle. En part besvarer en anmodning fra den anden part skriftligt inden for en frist på 60 dage efter modtagelsen af anmodningen.«
AFDELING E
Aftalen om alkoholiske drikkevarer fra 1989, som ændret ved bilag VIII til aftalen om vin og spiritus fra 2003, ændres, idet artikel 4b tilføjes:
»Artikel 4b
Blandingskrav
Ingen af parterne må indføre eller opretholde foranstaltninger, der kræver, at destilleret spiritus importeret fra den anden parts territorium med henblik på aftapning blandes med destilleret spiritus fra den importerende part.«
AFDELING F
I aftalen om vin og spiritus fra 2003 foretages følgende ændringer:
a)
Artikel 27.3 (Det Blandede Udvalg), første led, erstattes med: »at vedtage ændringer til bilagene til denne aftale ved hjælp af en afgørelse truffet af Det Blandede Udvalg.«
b)
Afsnit VIII (Tvistbilæggelse) udgår.
c)
De sidste to punktummer i artikel 8.1 (Indsigelsesprocedure) erstattes med »En kontraherende part kan anmode om konsultationer i henhold til artikel 29.4 (Konsultationer) i den samlede økonomi- og handelsaftale mellem Canada og Den Europæiske Union (»CETA«). Hvis konsultationerne ikke fører til en løsning af problemet, kan en kontraherende part skriftligt meddele den anden kontraherende part, at den har besluttet at henvise sagen til voldgift, jf. artikel 29.6-29.10 i CETA.«
d)
Indledningen (
chapeau'en
) til artikel 9.2 (Ændring af bilag I) affattes således: »Hvis en kontraherende part har gjort brug af den i artikel 8 (Indsigelsesprocedure) omhandlede indsigelsesprocedure, handler de kontraherende parter som en undtagelse fra stk. 1 i overensstemmelse med resultatet af konsultationerne, medmindre sagen underkastes den i artikel 29.6-29.10 i CETA omhandlede voldgiftsprocedure, i hvilket tilfælde:«
e)
I artikel 9 (Ændring af bilag I) indsættes som stk. 3: »3. Såfremt artikel 29.6-29.10 i CETA anvendes i forbindelse med proceduren i stk. 2, finder de tilsvarende anvendelse.«.
BILAG 30-C
FÆLLES ERKLÆRING OM VIN OG SPIRITUS
Parterne anerkender de bestræbelser og de fremskridt, der er gjort med hensyn til vin og spiritus, i forbindelse med forhandlingerne om denne aftale. Disse bestræbelser har ført til gensidigt acceptable løsninger på en række problemer af stor betydning.
Parterne er enige om gennem passende mekanismer, straks og med henblik på at finde gensidigt acceptable løsninger at drøfte ethvert andet problem vedrørende vin og spiritus og navnlig Den Europæiske Unions ønske om at søge afskaffelse af forskellene mellem provinsernes bruttofortjeneste på henholdsvis indenlandske vine og vine, der er aftappet i Canada i private vinudsalgssteder.
Parterne er enige om at undersøge udviklingen med hensyn til afskaffelse af de i foregående stykke omhandlede forskelle ved udgangen af det femte år efter denne aftales ikrafttræden på grundlag af undersøgelsen af den samlede udvikling i sektoren, herunder konsekvenserne af enhver ydelse til tredjelande af en gunstigere behandling i forbindelse med andre handelsforhandlinger med Canada.
BILAG 30-D
PARTERNES FÆLLES ERKLÆRING OM LANDE, SOM HAR INDGÅET EN TOLDUNION MED DEN EUROPÆISKE UNION
1.
Den Europæiske Union minder om, at de stater, der har indgået en toldunion med Den Europæiske Union, er forpligtede til at bringe deres handelsordninger i overensstemmelse med Den Europæiske Unions og for nogles vedkommende til at indgå præferenceaftaler med lande, der har præferenceaftaler med Den Europæiske Union.
2.
I denne forbindelse skal Canada bestræbe sig på at indlede forhandlinger med de lande,
a)
der har indgået en toldunion med Den Europæiske Union, og
b)
hvis varer ikke er omfattet af toldindrømmelserne i nærværende aftale,
med henblik på at indgå en samlet bilateral aftale om oprettelse af et frihandelsområde i overensstemmelse med de relevante bestemmelser i WTO-overenskomsten om varer og tjenesteydelser, forudsat at disse lande er enige om at forhandle sig frem til en ambitiøs og samlet aftale svarende til nærværende aftale i omfang og ambitionsniveau. Canada bestræber sig på at indlede forhandlingerne så snart som muligt, således at ovennævnte aftale kan træde i kraft så hurtigt som muligt efter nærværende aftales ikrafttræden.
Protokol om oprindelsesregler og oprindelsesprocedurer
AFDELING A
ALMINDELIGE BESTEMMELSER
Artikel 1
Definitioner
I denne protokol forstås ved:
akvakultur
: opdræt og dyrkning af akvatiske organismer, herunder fisk, bløddyr, krebsdyr, andre hvirvelløse vanddyr samt vandplanter, på basis af f.eks. æg, fiskeyngel, sættefisk og larver gennem produktionsfremmende indgreb i opdræts- eller vækstprocesserne, f.eks. ved regelmæssig udsætning, fodring eller beskyttelse mod rovdyr
tariferet
: et produkts tarifering under en bestemt position eller underposition i HS
toldmyndighed
: enhver offentlig myndighed, der i henhold til en parts lovgivning er ansvarlig for forvaltning og anvendelse af toldlovgivningen, eller for så vidt angår EU, hvor det er relevant, Europa-Kommissionens kompetente tjenestegrene
toldværdi
: den værdi, der er fastlagt i overensstemmelse med toldværdiansættelsesaftalen
bestemmelse af oprindelse
: en bestemmelse af, om et produkt anses for et produkt med oprindelsesstatus i overensstemmelse med denne protokol
eksportør
: en eksportør, der er etableret på en parts territorium
identiske produkter med oprindelsesstatus
: produkter, der er ens i alle henseender, herunder for så vidt angår fysiske egenskaber, kvalitet og omdømme, uanset mindre forskelle i udseende, som ikke er relevante for en bestemmelse af oprindelse af de produkter, der er omfattet af denne protokol
importør
: en importør, der er etableret på en parts territorium
materiale
: enhver bestanddel, komponent, del eller ethvert produkt, der anvendes i produktionen af et andet produkt
nettovægten af materiale uden oprindelsesstatus
: vægten af materialet, som det anvendes i produktionen af produktet, eksklusive vægten af materialets emballage
produktets nettovægt
: produktets vægt, eksklusive emballagens vægt. Hvis produktionen desuden omfatter en opvarmnings- eller tørringsproces, kan produktets nettovægt være nettovægten af alle de materialer, der anvendes i produktionen, undtagen vand henhørende under position 22.01 tilsat under produktionen af produktet
producent
: en person, der deltager i enhver form for bearbejdning eller forarbejdning, herunder også processer som dyrkning, minedrift, opdræt, høst, fiskeri, fældefangst, jagt, fremstilling, montering eller demontering, af et produkt
produkt
: resultatet af produktion, selv når det er bestemt til anvendelse som materiale i produktionen af et andet produkt
produktion
: enhver form for bearbejdning eller forarbejdning, herunder også processer som dyrkning, minedrift, opdræt, høst, fiskeri, fældefangst, jagt, fremstilling, montering eller demontering, af et produkt
produktets transaktionsværdi eller pris ab fabrik
: den pris, der er betalt eller skal betales til producenten af produktet på det sted, hvor produktionen sidst fandt sted, og som skal omfatte værdien af alle anvendte materialer. Hvis der ikke er nogen pris, der er betalt eller skal betales, eller hvis den ikke omfatter værdien af alle anvendte materialer:
a)
skal produktets transaktionsværdi eller pris ab fabrik omfatte værdien af alle anvendte materialer og produktionsomkostningen ved produktionen af produktet, beregnet i overensstemmelse med almindeligt anerkendte regnskabsprincipper, og
b)
produktets transaktionsværdi eller pris ab fabrik kan omfatte beløb til generalomkostninger og fortjeneste til producenten, som med rimelighed kan henføres til produktet.
Alle interne afgifter, der refunderes eller kan refunderes, når det fremstillede produkt eksporteres, er ikke omfattet. Hvis produktets transaktionsværdi eller pris ab fabrik omfatter omkostninger, der er afholdt, efter at produktet har forladt produktionsstedet, såsom transport, lastning, losning, håndtering eller forsikring, er disse omkostninger ikke omfattet
værdien af materialer uden oprindelsesstatus
: toldværdien af materialerne på tidspunktet for importen til en part, som fastlagt i overensstemmelse med toldværdiansættelsesaftalen. Værdien af materialer uden oprindelsesstatus skal omfatte alle omkostninger til transport af materialerne til importstedet, såsom transport, lastning, losning, håndtering eller forsikring. Hvis toldværdien ikke er kendt eller ikke kan opgøres, er værdien af materialer uden oprindelsesstatus den første registrerede pris, der er betalt for materialerne i Den Europæiske Union eller i Canada.
AFDELING B
OPRINDELSESREGLER
Artikel 2
Generelle krav
1.   Med henblik på denne aftale har et produkt oprindelse i den part, hvor produktionen sidst fandt sted, hvis produktet på en parts territorium eller på begge parters territorium i overensstemmelse med artikel 3:
a)
er fuldt ud fremstillet, jf. artikel 4,
b)
er fremstillet udelukkende af materialer med oprindelsesstatus eller
c)
har undergået tilstrækkelig produktion, jf. artikel 5.
2.   Betingelserne i denne protokol vedrørende erhvervelse af oprindelsesstatus skal opfyldes uden afbrydelse på en eller begge parters territorium, jf. dog artikel 3, stk. 8 og 9.
Artikel 3
Kumulation af oprindelse
1.   Et produkt med oprindelse i en part anses for at have oprindelse i den anden part, når det anvendes som materiale i produktionen af et produkt i den pågældende anden part.
2.   En eksportør kan tage hensyn til produktion, der er gennemført i forbindelse med et materiale uden oprindelsesstatus i den anden part, med henblik på at bestemme et produkts oprindelsesstatus.
3.   Stk. 1 og 2 finder ikke anvendelse, hvis den produktion, der er gennemført i forbindelse med et produkt, ikke er mere vidtgående end de processer, der er omhandlet i artikel 7, og formålet med denne produktion, som dokumenteret på grundlag af et vægtigt bevismateriale, er at omgå parternes finansielle lovgivning eller skattelovgivning.
4.   Hvis en eksportør har udfærdiget en oprindelseserklæring for et produkt, der er omhandlet i stk. 2, skal eksportøren være i besiddelse af en udfyldt og underskrevet leverandørerklæring fra leverandøren af de materialer uden oprindelsesstatus, der er anvendt i produktionen af produktet.
5.   En leverandørerklæring kan være erklæringen i bilag 3 eller et tilsvarende dokument, der indeholder de samme oplysninger og beskriver de pågældende materialer uden oprindelsesstatus tilstrækkelig detaljeret til, at de kan identificeres.
6.   Hvis en leverandørerklæring som omhandlet i stk. 4 er i elektronisk format, behøver den ikke at blive underskrevet, såfremt leverandøren på fyldestgørende vis identificeres over for toldmyndighederne i den part, hvor leverandørerklæringen blev udfærdiget.
7.   En leverandørerklæring finder anvendelse på en enkelt faktura eller flere fakturaer for samme materiale, der leveres inden for en frist på højst 12 måneder fra den dato, der er fastsat i leverandørerklæringen.
8.   Hvis hver part, således som det er tilladt i henhold til WTO-overenskomsten, har en frihandelsaftale med det samme tredjeland, kan et materiale fra det pågældende tredjeland tages i betragtning af eksportøren ved bestemmelsen af, om et produkt har oprindelsesstatus i henhold til denne aftale, jf. dog stk. 9.
9.   Hver part må kun anvende stk. 8, hvis der er tilsvarende bestemmelser i kraft mellem hver part og tredjelandet og efter aftale mellem parterne om de gældende betingelser.
10.   Uanset stk. 9 anvender hver part, hvis hver part har en frihandelsaftale med USA og efter aftale mellem parterne om de gældende betingelser, stk. 8 ved bestemmelsen af, om et produkt henhørende under kapitel 2 eller 11, position 16.01-16.03, kapitel 19, position 20.02 eller 20.03 eller underposition 3505.10 har oprindelsesstatus i henhold til denne aftale.
Artikel 4
Fuldt ud fremstillede produkter
1.   Følgende produkter anses for at være fuldt ud fremstillet i en part:
a)
mineralske produkter og andre ikke-levende naturressourcer, som er udvundet dér
b)
grøntsager, planter og vegetabilske produkter, der er høstet eller indsamlet dér
c)
levende dyr, som er født og opdrættet dér
d)
produkter fra levende dyr dér
e)
produkter fra slagtede dyr, som er født og opdrættet dér
f)
produkter fra jagt, fældefangst eller fiskeri drevet dér, men ikke uden for de ydre grænser for partens territorialfarvand
g)
akvakulturprodukter, der er opdrættet dér
h)
fisk, skaldyr og andre former for liv i havet, der fiskes uden for de ydre grænser for ethvert territorialfarvand fra et skib
i)
produkter, som er fremstillet på fabriksskibe udelukkende på grundlag af de i litra h) omhandlede produkter
j)
mineralske produkter og andre ikke-levende naturressourcer, som er taget fra eller udvundet af havbunden, undergrunden eller dybhavsbunden i:
i)
Canadas eller Den Europæiske Unions medlemsstaters eksklusive økonomiske zone som fastsat ved national lov og i overensstemmelse med del V i 
De Forenede Nationers havretskonvention
, undertegnet i Montego Bay den 10. december 1982 (»UNCLOS«)
ii)
Canadas eller Den Europæiske Unions medlemsstaters kontinentalsokkel som fastsat ved national lov og i overensstemmelse med del VI i UNCLOS eller
iii)
det område, som er defineret i artikel 1, stk. 1, i UNCLOS
af en part eller en person i en part, forudsat at den pågældende part eller person i en part har ret til at udnytte denne havbund, undergrund eller dybhavsbund
k)
råmaterialer genindvundet af brugte produkter, som er indsamlet dér, forudsat at disse produkter kun er egnet til en sådan genindvinding
l)
komponenter genindvundet af brugte produkter, som er indsamlet dér, forudsat at disse produkter kun er egnet til en sådan genindvinding, når komponenten:
i)
indgår i et andet produkt eller
ii)
videreproduceres og resulterer i et produkt med en ydeevne og levetid, der ligner eller svarer til ydeevnen og levetiden for et nyt produkt af samme type
m)
produkter i alle produktionsled, som er produceret dér udelukkende ud fra produkter, der er specificeret i litra a)-j).
2.   Med henblik på stk. 1, litra h) og i), finder følgende betingelser anvendelse på fartøjet eller fabriksskibet:
a)
fartøjet eller fabriksskibet skal:
i)
være registreret i en EU-medlemsstat eller i Canada eller
ii)
være listeopført i Canada, hvis det pågældende fartøj:
A)
umiddelbart forud for sin listeopførelse i Canada har ret til at føre en EU-medlemsstats flag og sejler under det pågældende flag og
B)
opfylder betingelserne i stk. 2, litra b), nr. i), eller stk. 2, litra b), nr. ii)
iii)
have ret til at føre en EU-medlemsstats eller Canadas flag og sejler under det pågældende flag, og
b)
for så vidt angår Den Europæiske Union, skal fartøjet eller fabriksskibet:
i)
være mindst 50 procent ejet af statsborgere i en EU-medlemsstat eller
ii)
være ejet af virksomheder, der har deres hjemsted og hovedforretningssted i en EU-medlemsstat, og som er mindst 50 procent ejet af en EU-medlemsstat, offentlige enheder eller statsborgere i en af Den Europæiske Unions medlemsstater, eller
c)
for så vidt angår Canada, skal fartøjet eller fabriksskibet fiske fisk, skaldyr eller andre former for liv i havet under en canadisk fiskerilicens. Canadiske fiskerilicenser omfatter canadiske licenser til erhvervsfiskeri og canadiske licenser til de oprindelige befolkningers fiskeri udstedt til de oprindelige befolkningers organisationer. Indehaveren af den canadiske fiskerilicens skal være:
i)
canadisk statsborger
ii)
en virksomhed, der højst er 49 procent udenlandsk ejet og har en handelsmæssig tilstedeværelse i Canada
iii)
et fiskerfartøj, som ejes af en person, der er omhandlet i nr. i) eller ii), og som er registreret i Canada, har ret til at føre Canadas flag og sejler under det pågældende flag, eller
iv)
en oprindelig befolknings organisation, der er beliggende på Canadas territorium. En person, der fisker under en canadisk licens til de oprindelige befolkningers fiskeri, skal være canadisk statsborger.
Artikel 5
Tilstrækkelig produktion
1.   Med henblik på artikel 2 anses produkter, som ikke er fuldt ud fremstillet, for at have undergået tilstrækkelig produktion, når betingelserne i bilag 5 er opfyldt.
2.   Hvis et materiale uden oprindelsesstatus undergår tilstrækkelig produktion, anses det produkt, der resulterer heraf, for at have oprindelsesstatus, og der tages ikke hensyn til materiale uden oprindelsesstatus heri, når produktet anvendes i den efterfølgende produktion af et andet produkt.
Artikel 6
Tolerance
1.   Uanset artikel 5, stk. 1, og uden at tilsidesætte bestemmelsen i stk. 3 forholder det sig sådan, at hvis de materialer uden oprindelsesstatus, der anvendes i produktionen af et produkt, ikke opfylder betingelserne i bilag 5, anses produktet for at have oprindelsesstatus, forudsat:
a)
at den samlede værdi af de pågældende materialer uden oprindelsesstatus ikke overstiger 10 procent af produktets transaktionsværdi eller pris ab fabrik
b)
at ingen af de i bilag 5 angivne procentsatser for maksimumsværdien eller -vægten af materialer uden oprindelsesstatus overstiges ved anvendelse af dette stykke, og
c)
at produktet opfylder alle andre relevante krav i denne protokol.
2.   Stk. 1 finder ikke anvendelse på produkter, der er fuldt ud fremstillet i en part i den i artikel 4 fastlagte betydning. Hvis oprindelsesreglerne i bilag 5 kræver, at de materialer, der anvendes i produktionen af et produkt, er fuldt ud fremstillet, finder den tolerance, som er fastsat i stk. 1, anvendelse på summen af disse materialer.
3.   Tolerancen for tekstilvarer og beklædningsgenstande henhørende under kapitel 50-63 i HS fastsættes i overensstemmelse med bilag 1.
4.   Stk. 1-3 er omfattet af artikel 8, litra c).
Artikel 7
Utilstrækkelig produktion
1.   Følgende processer er utilstrækkelige med henblik på at give et produkt oprindelsesstatus, uanset om betingelserne i artikel 5 og 6 er opfyldt, jf. dog stk. 2:
a)
processer, som udelukkende har til formål at bevare produkterne i god stand under oplagring og transport 
(
1
)
b)
adskillelse eller samling af kolli
c)
vask, rensning eller behandlinger, som har til formål at fjerne støv, oxidlag, olie, maling eller andre belægninger fra et produkt
d)
strygning eller presning af tekstilvarer henhørende under kapitel 50-63 i HS
e)
enkel maling eller polering
f)
afskalning, hel eller delvis blegning, polering eller glasering af korn eller ris henhørende under kapitel 10, som ikke fører til et skift i kapitel
g)
farvning af eller tilsætning af smagsstoffer til sukker henhørende under position 17.01 eller 17.02, formning af sukker i stykker henhørende under position 17.01, hel eller delvis formaling af krystalsukker henhørende under position 17.01
h)
skrælning, udstening eller afskalning/udbælgning af grøntsager henhørende under kapitel 7, frugter henhørende under kapitel 8, nødder henhørende under position 08.01 eller 08.02 eller jordnødder henhørende under position 12.02, hvis de pågældende grøntsager, frugter, nødder eller jordnødder fortsat henhører under samme kapitel
i)
hvæsning, enkel slibning eller enkel tilskæring
j)
enkel sigtning, sortering, klassificering eller tilpasning
k)
enkle emballeringsprocesser såsom aftapning på flasker, påfyldning af dåser, flakoner, anbringelse i sække, kasser, æsker, på bræt, plader eller bakker
l)
anbringelse eller trykning af mærker, etiketter, logoer og andre lignende kendetegn på selve produkterne eller deres emballage
m)
blanding af sukker henhørende under position 17.01 eller 17.02 med ethvert materiale
n)
enkel blanding af materialer, også af forskellig art; enkel blanding omfatter ikke en proces, som fører til en kemisk reaktion som defineret i bestemmelserne i bilag 5, kapitel 28 eller 29
o)
enkel samling af dele med henblik på at danne en komplet artikel henhørende under kapitel 61, 62 eller 82-97 i HS eller adskillelse af komplette artikler henhørende under kapitel 61, 62 eller 82-97 i dele
p)
en kombination af to eller flere af de i litra a)-o) omhandlede processer
q)
slagtning af dyr.
2.   I overensstemmelse med artikel 3 tages al produktion i Den Europæiske Union og i Canada, som et produkt har undergået, i betragtning, når det skal bestemmes, om den produktion, som det pågældende produkt har undergået, er utilstrækkelig i den i stk. 1 fastlagte betydning.
3.   Med henblik på stk. 1 anses en proces for at være enkel, når der hverken kræves særlige færdigheder eller maskiner, apparater eller redskaber, som er specielt produceret eller installeret til gennemførelsen deraf, eller når disse færdigheder, maskiner, apparater eller redskaber ikke bidrager til produktets væsentlige egenskaber eller karakteristiske træk.
Artikel 8
Tariferingsenhed
Med henblik på denne protokol:
a)
fastlægges tariferingen af et bestemt produkt eller materiale i henhold til HS
b)
udgør et produkt, der består af en gruppe eller samling af artikler eller komponenter, og som i henhold til HS tariferes under én og samme position eller underposition, et hele
c)
betragtes hvert produkt for sig, når en forsendelse består af et antal identiske produkter, der tariferes under samme position eller underposition i HS.
Artikel 9
Emballering samt emballeringsmateriale og emballeringsgenstande
1.   Hvis emballering i henhold til punkt 5 i de almindelige tariferingsbestemmelser i HS er inkluderet i produktet ved tariferingen, tages dette i betragtning, når det bestemmes, om alle de materialer uden oprindelsesstatus, der anvendes i produktionen af produktet, opfylder kravene i bilag 5.
2.   Emballeringsmateriale og emballeringsgenstande, hvori et produkt er pakket til forsendelse, lades ude af betragtning ved bestemmelse af det pågældende produkts oprindelse.
Artikel 10
Regnskabsmæssig adskillelse af fungible materialer eller produkter
1.
a)
Hvis der anvendes fungible materialer med og uden oprindelsesstatus i produktionen af et produkt, behøver bestemmelsen af de fungible materialers oprindelse ikke at ske gennem fysisk adskillelse og identifikation af eventuelle særlige fungible materialer, men kan ske på grundlag af et lagerstyringssystem, eller
b)
hvis fungible produkter med og uden oprindelsesstatus henhørende under kapitel 10, 15, 27, 28, 29, position 32.01-32.07 eller position 39.01-39.14 i HS fysisk kombineres eller blandes på et lager i den ene part før eksport til den anden part, behøver bestemmelsen af de fungible produkters oprindelse ikke at ske gennem fysisk adskillelse og identifikation af eventuelle særlige fungible produkter, men kan ske på grundlag af et lagerstyringssystem.
2.   Lagerstyringssystemet skal:
a)
sikre, at der til enhver tid ikke er flere produkter, som får oprindelsesstatus, end det ville have været tilfældet, hvis de fungible materialer eller fungible produkter var blevet fysisk adskilt,
b)
angive mængden af materialer eller produkter med og uden oprindelsesstatus, herunder på hvilke datoer disse materialer eller produkter blev anbragt på lager og, hvis det kræves i henhold til den gældende oprindelsesregel, værdien af disse materialer eller produkter,
c)
angive mængden af produkter, der er produceret ved hjælp af fungible materialer, eller mængden af fungible produkter, der leveres til kunder, som kræver bevis for oprindelse i en part med henblik på at opnå præferencebehandling i medfør af denne aftale, samt til kunder, som ikke kræver en sådan dokumentation, og
d)
angive, om der var et lager af produkter med oprindelsesstatus til rådighed i tilstrækkelig mængde til at kunne støtte erklæringen om oprindelsesstatus.
3.   En part kan kræve, at en eksportør eller producent på dennes territorium, som ønsker at anvende et lagerstyringssystem i henhold til denne artikel, får en forhåndstilladelse fra den pågældende part til at anvende systemet. Den pågældende part kan inddrage tilladelsen til at anvende et lagerstyringssystem, hvis eksportøren eller producenten gør ukorrekt brug af den.
4.   Med henblik på stk. 1 forstås ved »fungible materialer« eller »fungible produkter« materialer eller produkter af samme art og kommercielle kvalitet med samme tekniske og fysiske egenskaber, som ikke kan skelnes fra hinanden med hensyn til oprindelse.
Artikel 11
Tilbehør, reservedele og værktøj
Tilbehør, reservedele og værktøj, der leveres sammen med et produkt, der udgør en del af dets faste udstyr, reservedele eller værktøj, der ikke faktureres særskilt fra produktet, og hvis mængder og værdi er sædvanlige for produktet,
a)
tages i betragtning ved beregningen af værdien af de relevante materialer uden oprindelsesstatus, når den oprindelsesregel i bilag 5, der finder anvendelse på produktet, indeholder en procentsats for maksimumsværdien af materialer uden oprindelsesstatus
b)
tages ikke i betragtning, når det bestemmes, om alle de materialer uden oprindelsesstatus, der anvendes i produktionen af produktet, undergår det relevante skift i tarifering eller opfylder andre krav, der er fastsat i bilag 5.
Artikel 12
Sæt
1.   Uden at tilsidesætte bilag 5 har et sæt som omhandlet i punkt 3 i de almindelige bestemmelser i HS oprindelsesstatus, forudsat:
a)
at alle sættets komponenter har oprindelsesstatus, eller
b)
hvis sættet indeholder en komponent uden oprindelsesstatus, at mindst én af komponenterne eller alt emballeringsmateriale og alle emballeringsgenstande til sættet har oprindelsesstatus, og
i)
at værdien af komponenter uden oprindelsesstatus henhørende under kapitel 1-24 i HS ikke overstiger 15 procent af sættets transaktionsværdi eller pris ab fabrik
ii)
at værdien af komponenter uden oprindelsesstatus henhørende under kapitel 25-97 i HS ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik og
iii)
at værdien af alle sættets komponenter uden oprindelsesstatus ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
2.   Værdien af komponenter uden oprindelsesstatus beregnes på samme måde som værdien af materialer uden oprindelsesstatus.
3.   Sættets transaktionsværdi eller pris ab fabrik beregnes på samme måde som produktets transaktionsværdi eller pris ab fabrik.
Artikel 13
Neutrale elementer
For at fastslå, om et produkt har oprindelsesstatus, er det ikke nødvendigt at undersøge, om følgende, som kan anvendes i produktionen af det, har oprindelsesstatus:
a)
energi og brændsel
b)
anlæg og udstyr
c)
maskiner og værktøj eller
d)
materialer, som ikke indgår og ikke er bestemt til at indgå i produktets endelige sammensætning.
Artikel 14
Transport gennem et tredjeland
1.   Et produkt, der har undergået en produktion, som opfylder kravene i artikel 2, anses kun for at have oprindelsesstatus, hvis produktet efter den pågældende produktion:
a)
ikke undergår yderligere produktion eller nogen anden proces uden for parternes territorier, bortset fra losning, lastning eller enhver anden proces, der er nødvendig for at bevare det i god stand eller transportere produktet til en parts territorium, og
b)
forbliver under toldkontrol, mens det er uden for parternes territorier.
2.   Oplagring af produkter og forsendelser eller opdeling af forsendelser kan finde sted, hvis det sker på eksportørens eller en efterfølgende produktihændehavers ansvar, og produkterne forbliver under toldkontrol i transitlandet eller transitlandene.
Artikel 15
Genimporterede produkter med oprindelsesstatus
Hvis et produkt med oprindelsesstatus, der er eksporteret fra en part til et tredjeland, genimporteres, anses det som et produkt uden oprindelsesstatus, medmindre det over for toldmyndighederne kan godtgøres, at det genimporterede produkt:
a)
er det samme som det eksporterede og
b)
ikke har undergået nogen proces, ud over hvad der er nødvendigt for at bevare det i god stand.
Artikel 16
Sukker
1.   Hvis en oprindelsesregel kræver, at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger en bestemt tærskel, opfylder produktet denne betingelse, hvis den samlede nettovægt af alle monosaccharider og disaccharider i produktet eller i de materialer, der anvendes i produktionen, ikke overstiger denne tærskel.
2.   Produktet opfylder også betingelsen i stk. 1, hvis tærsklen ikke overskrides, for så vidt angår nettovægten af sukker uden oprindelsesstatus henhørende under position 17.01 eller underposition 1702.30-1702.60 eller 1702.90, bortset fra maltodextrin, kemisk ren maltose eller sukkerkulør som beskrevet i bestemmelserne til position 17.02, når anvendt som sådan i produktionen af:
a)
produktet og
b)
de sukkerholdige materialer uden oprindelsesstatus henhørende under underposition 1302.20, 1704.90, 1806.10, 1806.20, 1901.90, 2101.12, 2101.20, 2106.90 og 3302.10, der anvendes som sådan i produktionen af produktet. Alternativt kan nettovægten af alle monosaccharider og disaccharider i ethvert af disse sukkerholdige materialer også anvendes. Hvis nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen af disse sukkerholdige materialer, eller nettovægten af monosaccharider og disaccharider i disse sukkerholdige materialer ikke er kendt, finder den samlede nettovægt af disse materialer, der anvendes som sådan i produktionen, anvendelse.
3.   Nettovægten af sukker uden oprindelsesstatus, jf. stk. 2, kan beregnes på tørstofbasis.
4.   Med henblik på oprindelsesreglerne for position 17.04 og 18.06 henviser værdien af sukker uden oprindelsesstatus til værdien af det materiale uden oprindelsesstatus, der er omhandlet i stk. 2, og som anvendes i produktionen af produktet.
Artikel 17
Nettoomkostninger
1.   Med henblik på nærværende artikel finder følgende definitioner anvendelse ud over dem i artikel 1:
motorkøretøj
: et produkt henhørende under underposition 8703.21-8703.90
nettoomkostninger
: de samlede omkostninger minus omkostninger til salgsfremme, markedsføring og eftersalgsservice, royalties, forsendelses- og emballeringsomkostninger samt ikke-tilladelige renteomkostninger, der indgår i de samlede omkostninger
ikke-tilladelige renteomkostninger
: renteomkostninger, der afholdes af en producent, og som ligger mere end 700 basispoint over den gældende nationale regerings rentesats for tilsvarende løbetider
royalties
: betalinger af enhver art, herunder betalinger i forbindelse med teknisk bistand eller lignende aftaler, for anvendelsen af eller retten til at anvende enhver ophavsret, ethvert litterært, kunstnerisk eller videnskabeligt arbejde, ethvert patent, varemærke, mønster eller enhver model, tegning, hemmelig formel eller produktionsmetode, undtagen betalinger i forbindelse med teknisk bistand eller lignende aftaler, der kan sættes i relation til bestemte tjenesteydelser såsom:
a)
personaleuddannelse, uanset hvor den gennemføres, og
b)
hvis de foregår på en eller begge parters territorium, ingeniørvirksomhed, værktøjstjenesteydelser, softwareudvikling og lignende EDB-tjenesteydelser eller andre tjenesteydelser
omkostninger til salgsfremme, markedsføring og eftersalgsservice
: følgende omkostninger i forbindelse med salgsfremme, markedsføring og eftersalgsservice:
a)
salgs- og markedsfremme; mediereklamer; reklame og markedsanalyse; PR- og demonstrationsmaterialer; udstillinger; salgskonferencer, messer og kongresser; bannere; markedsføringsskilte; gratis prøver; salgs-, markedsførings- og eftersalgsservicelitteratur (produktbrochurer, kataloger, teknisk litteratur, prislister, betjeningsvejledninger og oplysninger til støtte for salget); registrering og beskyttelse af logoer og varemærker; sponsorater; omkostninger til supplering af engros- og detaillagerbeholdning; repræsentationsudgifter
b)
salgs- og markedsincitamenter; forbruger-, detailhandler- eller grossistrabatter; vareincitamenter
c)
lønninger; salgsprovision; bonusser; ydelser (f.eks. sygesikring, forsikring og pension); rejse- og opholdsudgifter; og medlemskab og honorarer i forbindelse med personale til salgsfremme, markedsføring og eftersalgsservice
d)
rekruttering og uddannelse af personale til salgsfremme, markedsføring og eftersalgsservice samt eftersalgsuddannelse af kunders ansatte, hvis disse omkostninger er angivet særskilt for salgsfremme, markedsføring og eftersalgsservice af produkter i producentens årsregnskab eller omkostningsregnskab
e)
produktansvarsforsikring
f)
kontorartikler i forbindelse med salgsfremme, markedsføring og eftersalgsservice af produkter, hvis disse omkostninger er angivet særskilt for salgsfremme, markedsføring og eftersalgsservice af produkter i producentens årsregnskab eller omkostningsregnskab
g)
telefon, mail og anden kommunikation, hvis disse omkostninger er angivet særskilt for salgsfremme, markedsføring og eftersalgsservice af produkter i producentens årsregnskab eller omkostningsregnskab
h)
leje og afskrivning af salgsfremme-, markedsførings- og eftersalgsservicekontorer og -distributionscentre
i)
ejendomsforsikringspræmier, skatter, omkostninger til forsyningstjenester og reparation og vedligeholdelse af salgsfremme-, markedsførings- og eftersalgsservicekontorer og -distributionscentre, hvis disse omkostninger er angivet særskilt for salgsfremme, markedsføring og eftersalgsservice af produkter i producentens årsregnskab eller omkostningsregnskab
j)
betalinger fra producenten til andre personer til reparationer omfattet af en garanti
forsendelses- og emballeringsomkostninger
 omkostninger til emballering af et produkt til forsendelse og forsendelse af produktet fra stedet for direkte forsendelse til køberen, bortset fra omkostninger til klargøring og emballering af produktet til detailsalg
samlede omkostninger
 alle produktomkostninger, periodeomkostninger og andre omkostninger i forbindelse med produktionen af et produkt i Canada, hvor der ved:
a)
produktomkostninger
 de omkostninger, der er forbundet med produktionen af et produkt, og som omfatter værdien af materialer, direkte arbejdskraftomkostninger og generalomkostninger
b)
periodeomkostninger
 de omkostninger bortset fra produktomkostninger, der udgiftsføres i den periode, hvor de afholdes, herunder salgs-, administrations- og andre generalomkostninger
c)
andre omkostninger
 alle de omkostninger, der er registreret i producentens regnskaber, og som ikke er produktomkostninger eller periodeomkostninger.
2.   Med henblik på at beregne et produkts nettoomkostning i forbindelse med tabel D.1 (årlig kontingenttildeling for køretøjer, der eksporteres fra Canada til Den Europæiske Union) i bilag 5-A, kan producenten af produktet:
a)
beregne de samlede omkostninger til alle de produkter, der produceres af den pågældende producent, fratrække de omkostninger til salgsfremme, markedsføring og eftersalgsservice, royalties, forsendelses- og emballeringsomkostninger samt ikke-tilladelige renteomkostninger, der indgår i de samlede omkostninger til alle disse produkter, og derefter på rimelig vis allokere de heraf følgende nettoomkostninger til disse produkter til produktet,
b)
beregne de samlede omkostninger til alle de produkter, der produceres af den pågældende producent, på rimelig vis allokere de samlede omkostninger til produktet og derefter fratrække de omkostninger til salgsfremme, markedsføring og eftersalgsservice, royalties, forsendelses- og emballeringsomkostninger samt ikke-tilladelige renteomkostninger, der indgår i den del af de samlede omkostninger, der allokeres produktet, eller
c)
på rimelig vis allokere den enkelte omkostning, som indgår i den pågældende producents samlede omkostning til produktet, således at summen af disse omkostninger ikke omfatter salgsfremme, markedsføring og eftersalgsservice, royalties, forsendelses- og emballeringsomkostninger eller ikke-tilladelige renteomkostninger.
3.   Med henblik på at beregne nettoomkostningen ved et produkt, jf. stk. 1, kan producenten tage et gennemsnit af sin beregning i løbet af sit regnskabsår og anvende en af følgende kategorier enten ud fra alle motorkøretøjer fremstillet af den pågældende producent i kategorien eller kun de motorkøretøjer i kategorien, som er fremstillet af den pågældende producent og eksporteret til den anden parts territorium:
a)
samme modellinje af motorkøretøjer i samme klasse af køretøjer, der produceres på samme anlæg på en parts territorium
b)
samme modellinje af motorkøretøjer, der produceres på samme anlæg på en parts territorium
c)
samme modellinje af motorkøretøjer, der produceres på en parts territorium
d)
samme klasse af motorkøretøjer, der produceres på samme anlæg på en parts territorium, eller
e)
enhver anden kategori, som parterne måtte beslutte.
AFDELING C
OPRINDELSESPROCEDURER
Artikel 18
Oprindelsesbevis
1.   Ved import til Canada af produkter med oprindelse i Den Europæiske Union og ved import til Den Europæiske Union af produkter med oprindelse i Canada er disse produkter omfattet af denne aftales præferencetoldbehandling på grundlag af en erklæring (»oprindelseserklæring«).
2.   Oprindelseserklæringen afgives på en faktura eller ethvert andet handelsdokument, som beskriver produktet med oprindelsesstatus tilstrækkelig detaljeret til, at det kan identificeres.
3.   De forskellige sprogudgaver af teksten til oprindelseserklæringen findes i bilag 2.
Artikel 19
Forpligtelser i forbindelse med eksport
1.   En oprindelseserklæring som omhandlet i artikel 18, stk. 1, udfærdiges:
a)
i Den Europæiske Union af en eksportør i overensstemmelse med relevant EU-lovgivning
b)
i Canada af en eksportør i overensstemmelse med del V i 
Customs Act
, R.S.C., 1985, c. 1 (2nd Supp.).
2.   En eksportør, der udfylder en oprindelseserklæring, skal efter anmodning fra toldmyndigheden i den eksporterende part forelægge en kopi af oprindelseserklæringen samt alle andre relevante dokumenter, som beviser, at de pågældende produkter har oprindelsesstatus, herunder dokumentation eller skriftlige erklæringer fra producenter eller leverandører, og opfylde de øvrige krav i denne protokol.
3.   En oprindelseserklæring skal udfyldes og underskrives af eksportøren, medmindre andet er fastsat.
4.   En part kan tillade, at en oprindelseserklæring udfyldes af eksportøren, når de produkter, som den vedrører, eksporteres, eller efter eksport, hvis oprindelseserklæringen forelægges i den importerende part senest to år efter importen af de produkter, som den vedrører, eller inden for en længere frist, hvis dette er fastsat i den importerende parts lovgivning.
5.   Toldmyndigheden i den importerende part kan tillade anvendelse af en oprindelseserklæring til flere forsendelser af identiske produkter med oprindelsesstatus, der finder sted inden for en periode på højst 12 måneder, som anført af eksportøren i den pågældende erklæring.
6.   En eksportør, der har udfyldt en oprindelseserklæring og bliver klar over eller har grund til at antage, at oprindelseserklæringen indeholder ukorrekte oplysninger, skal straks skriftligt underrette importøren om enhver ændring, der berører oprindelsesstatus for hvert enkelt produkt, som oprindelseserklæringen finder anvendelse på.
7.   Parterne kan give mulighed for at etablere et system, der tillader, at en oprindelseserklæring kan overføres elektronisk og direkte af eksportøren på den ene parts territorium til en importør på den anden parts territorium, herunder udskiftning af eksportørens underskrift på oprindelseserklæringen med en elektronisk signatur eller identifikationskode.
Artikel 20
Oprindelseserklæringens gyldighed
1.   En oprindelseserklæring er gyldig i 12 måneder fra den dato, hvor den blev udfyldt af eksportøren, eller i en længere periode som fastsat af den importerende part. Der kan anmodes om præferencetoldbehandling inden for denne gyldighedsperiode hos toldmyndigheden i den importerende part.
2.   Den importerende part kan acceptere, at en oprindelseserklæring forelægges dens toldmyndighed efter udløbet af gyldighedsperioden i stk. 1 med henblik på præferencetoldbehandling i overensstemmelse med den pågældende parts lovgivning.
Artikel 21
Forpligtelser i forbindelse med import
1.   Med henblik på at anmode om præferencetoldbehandling skal importøren:
a)
forelægge toldmyndigheden i den importerende part oprindelseserklæringen som krævet i og i overensstemmelse med de procedurer, der finder anvendelse i den pågældende part
b)
hvis krævet af toldmyndigheden i den importerende part forelægge en oversættelse af oprindelseserklæringen og
c)
hvis krævet af toldmyndigheden i den importerende part forelægge en erklæring, der ledsager eller udgør en del af importerklæringen, om, at produkterne opfylder de betingelser, der kræves for anvendelse af denne aftale.
2.   En importør, der bliver klar over eller har grund til at antage, at en oprindelseserklæring for et produkt, der er blevet indrømmet præferencetoldbehandling, indeholder ukorrekte oplysninger, skal straks underrette toldmyndigheden i den importerende part skriftligt om enhver ændring, som berører det pågældende produkts oprindelsesstatus, og betale eventuelle skyldige afgifter.
3.   Når en importør anmoder om præferencetoldbehandling for en vare, der importeres fra den anden parts territorium, kan den importerende part nægte varen præferencetoldbehandling, hvis importøren ikke er i stand til at opfylde kravene i denne protokol.
4.   En part skal i overensstemmelse med sine love fastsætte, at hvis et produkt ville have kunnet karakteriseres som et produkt med oprindelsesstatus, da det blev importeret til den pågældende parts territorium, men at importøren ikke havde en oprindelseserklæring på importtidspunktet, kan importøren af produktet tidligst tre år efter datoen for importen anmode om tilbagebetaling af told, der er betalt som følge af, at produktet ikke blev indrømmet præferencetoldbehandling.
Artikel 22
Dokumentation i forbindelse med transport gennem et tredjeland
Hver part kan gennem sin toldmyndighed kræve, at en importør godtgør, at et produkt, for hvilket importøren anmoder om præferencetoldbehandling, blev afsendt i overensstemmelse med artikel 14 ved at forelægge:
a)
dokumenter fra transportvirksomheden, herunder konnossementer eller fragtbreve, hvoraf transportruten fremgår samt alle ladnings- og omladningspunkter forud for importen af produktet, og
b)
når produktet afsendes eller omlades uden for parternes territorier, en kopi af toldkontroldokumenterne, som over for de pågældende toldmyndigheder godtgør, at produktet forblev under toldkontrol, mens det var uden for parternes territorier.
Artikel 23
Import i form af delforsendelser
Når produkter henhørende under afsnit XVI og XVII eller position 7308 og 9406 i HS på importørens anmodning og på de af den importerende parts toldmyndighed fastsatte vilkår importeres i demonteret eller ikke-monteret stand i henhold til punkt 2a i de almindelige tariferingsbestemmelser vedrørende HS, og denne import finder sted i form af delforsendelser, skal hver part sørge for, at der ved importen af den første delforsendelse fremlægges en samlet oprindelseserklæring for den pågældende toldmyndighed.
Artikel 24
Undtagelser fra kravet om oprindelseserklæringer
1.   En part kan i overensstemmelse med sine love fravige kravet om, at der skal forelægges en oprindelseserklæring, som omhandlet i artikel 21, for forsendelser af ringe værdi af produkter med oprindelsesstatus fra en anden part og for produkter med oprindelsesstatus, der indgår i den personlige bagage hos rejsende, som kommer fra en anden part.
2.   En part kan udelukke enhver import fra bestemmelserne i stk. 1, hvis importen indgår i en række af importer, som med rimelighed kan anses for at være blevet iværksat eller arrangeret med henblik på at omgå kravene i denne protokol om oprindelseserklæringer.
3.   Parterne kan fastsætte grænseværdier for produkter, der er omhandlet i stk. 1, og skal udveksle oplysninger om sådanne grænseværdier.
Artikel 25
Støttedokumenter
De i artikel 19, stk. 2, omhandlede dokumenter kan omfatte dokumenter vedrørende følgende:
a)
produktionsprocesser i forbindelse med produktet med oprindelsesstatus eller med materialer, der er anvendt i produktionen af det pågældende produkt,
b)
indkøb af, omkostninger ved, værdien af og betaling for produktet,
c)
oprindelsen af, indkøb af, omkostninger ved, værdien af og betaling for alle de materialer, herunder neutrale elementer, der er anvendt i produktionen af produktet, og
d)
forsendelse af produktet.
Artikel 26
Opbevaring af oplysninger
1.   En eksportør, der har udfyldt en oprindelseserklæring, skal opbevare en kopi af oprindelseserklæringen samt de i artikel 25 omhandlede støttedokumenter i tre år efter udfyldelsen af oprindelseserklæringen eller i en længere periode, som den eksporterende part kan fastsætte.
2.   Hvis en eksportør har baseret en oprindelseserklæring på en skriftlig erklæring fra producenten, er producenten forpligtet til at opbevare oplysningerne i overensstemmelse med stk. 1.
3.   Når det er fastsat i den importerende parts lovgivning, skal en importør, som er indrømmet præferencetoldbehandling, opbevare dokumentation vedrørende importen af produktet, herunder en kopi af oprindelseserklæringen, i tre år efter den dato, hvor der blev indrømmet præferencetoldbehandling, eller i en længere periode, som den pågældende part kan fastsætte.
4.   Hver part tillader i overensstemmelse med sine love eksportører på sit territorium at opbevare dokumentation eller optegnelser på et hvilket som helst medie, forudsat at dokumentationen eller optegnelserne kan fremfindes og udskrives.
5.   En part kan nægte præferencetoldbehandling af et produkt, som er omfattet af kontrol af oprindelse, når den importør, eksportør eller producent af produktet, der er forpligtet til at opbevare oplysningerne eller dokumentationen i henhold til denne artikel:
a)
ikke opbevarer de oplysninger eller den dokumentation, der er relevante for bestemmelsen af produktets oprindelse i overensstemmelse med kravene i denne protokol, eller
b)
nægter at give adgang til nævnte oplysninger eller dokumentation.
Artikel 27
Uoverensstemmelser og formelle fejl
1.   Konstateres der mindre uoverensstemmelser mellem oplysningerne i en oprindelseserklæring og oplysningerne i de dokumenter, der forelægges toldmyndighederne med henblik på opfyldelse af formaliteterne i forbindelse med import af produkterne, medfører dette ikke af den grund, at en oprindelseserklæring er ugyldig, når det godtgøres, at dokumentet svarer til de frembudte produkter.
2.   Klare formelle fejl som trykfejl på en oprindelseserklæring bør ikke føre til, at det pågældende dokument afvises, hvis fejlene ikke rejser tvivl om rigtigheden af oplysningerne i dokumentet.
Artikel 28
Samarbejde
1.   Parterne samarbejder om en ensartet forvaltning og fortolkning af denne protokol og bistår gennem deres toldmyndigheder hinanden med at kontrollere oprindelsesstatus for de produkter, som en oprindelseserklæring er baseret på.
2.   Med henblik på at lette den kontrol eller bistand, der er omhandlet i stk. 1, forsyner parternes toldmyndigheder gennem Europa-Kommissionen hinanden med adresser på de ansvarlige toldmyndigheder.
3.   Det præciseres, at toldmyndigheden i den eksporterende part påtager sig alle udgifter i forbindelse med gennemførelsen af stk. 1.
4.   Det præciseres endvidere, at parternes toldmyndigheder drøfter den overordnede gennemførelse og forvaltning af kontrolproceduren, herunder den forventede arbejdsbyrde og prioriteter. Hvis der er en usædvanlig stigning i antallet af anmodninger, rådfører parternes toldmyndigheder sig med hinanden for at fastlægge prioriteter og overveje foranstaltninger til at forvalte arbejdsbyrden under hensyntagen til de operationelle krav.
5.   For så vidt angår produkter, der anses for at have oprindelsesstatus i overensstemmelse med artikel 3, kan parterne samarbejde med et tredjeland for at udvikle toldprocedurer baseret på principperne i denne protokol.
Artikel 29
Kontrol af oprindelse
1.   For at sikre en hensigtsmæssig anvendelse af denne protokol bistår parterne gennem deres toldmyndigheder hinanden med at kontrollere, om produkter har oprindelsesstatus, og sikre, at anmodningerne om præferencetoldbehandling er korrekte.
2.   En parts anmodning om kontrol af oprindelse med henblik på at bestemme, om et produkt har oprindelsesstatus, eller om alle andre krav i denne protokol er opfyldt, skal:
a)
baseres på de risikovurderingsmetoder, der anvendes af toldmyndigheden i den importerende part, og som kan omfatte tilfældig udvælgelse, eller
b)
fremsættes, når den importerende part nærer begrundet tvivl om, hvorvidt produktet har oprindelsesstatus, eller om alle andre krav i denne protokol er opfyldt.
3.   Toldmyndigheden i den importerende part kan kontrollere, om et produkt har oprindelsesstatus, ved skriftligt at anmode om, at toldmyndigheden i den eksporterende part foretager en kontrol af, om et produkt har oprindelsesstatus. Når der anmodes om en kontrol, skal toldmyndigheden i den importerende part underrette toldmyndigheden i den eksporterende part om:
a)
identiteten på den toldmyndighed, der foretager anmodningen,
b)
navnet på den eksportør eller producent, der skal kontrolleres,
c)
kontrollens emne og omfang og
d)
forelægge en kopi af oprindelseserklæringen og, i givet fald, enhver anden relevant dokumentation.
4.   Når det er relevant, kan toldmyndigheden i den importerende part i henhold til stk. 3 anmode om særlig dokumentation og information fra den eksporterende parts toldmyndighed.
5.   En anmodning fra toldmyndigheden i den importerende part i henhold til stk. 3 sendes til toldmyndigheden i den eksporterende part rekommanderet eller anbefalet eller på enhver anden måde, der fører til en bekræftelse af modtagelsen fra sidstnævnte toldmyndigheds side.
6.   Toldmyndigheden i den eksporterende part iværksætter kontrol af oprindelse. Til dette formål kan toldmyndigheden i overensstemmelse med gældende lovgivning anmode om dokumentation, kræve oplysninger eller aflægge besøg hos en eksportør eller en producent for at gennemgå de i artikel 25 omhandlede oplysninger og inspicere de anlæg, der anvendes i produktionen af produktet.
7.   Hvis en eksportør har baseret en oprindelseserklæring på en skriftlig erklæring fra producenten eller leverandøren, kan eksportøren få producenten eller leverandøren til direkte at forelægge toldmyndigheden i den eksporterende part dokumentation eller information efter anmodning fra den pågældende part.
8.   Toldmyndigheden i den eksporterende part afslutter hurtigst muligt og under alle omstændigheder senest 12 måneder efter modtagelsen af den i stk. 4 omhandlede anmodning kontrollen af, om produktet har oprindelsesstatus og opfylder de øvrige krav i denne protokol, og:
a)
sender rekommanderet eller anbefalet eller på enhver anden måde, der fører til en bekræftelse af modtagelsen, toldmyndigheden i den importerende part en skriftlig rapport, der sætter den i stand til at bestemme, om produktet har oprindelsesstatus eller ej, og som indeholder:
i)
resultaterne af kontrollen,
ii)
en beskrivelse af det produkt, der er genstand for kontrollen, og den tarifering, som er relevant for anvendelsen af oprindelsesreglen,
iii)
en beskrivelse af og redegørelse for produktionen, der er tilstrækkelig til at støtte begrundelsen for produktets oprindelsesstatus,
iv)
information om den måde, hvorpå kontrollen blev gennemført, og
v)
i givet fald støttedokumenter, og
b)
underretter med forbehold af gældende lovgivning eksportøren om sin afgørelse af, om produktet har oprindelsesstatus.
9.   Den frist, der er omhandlet i stk. 8, kan forlænges efter fælles overenskomst mellem de berørte toldmyndigheder.
10.   Indtil resultaterne af en kontrol af oprindelse foretaget i henhold til stk. 8 eller af høringer gennemført i henhold til stk. 13 foreligger, skal toldmyndigheden i den importerende part med forbehold af eventuelle sikkerhedsforanstaltninger, den måtte finde nødvendige, tilbyde at frigive produktet til importøren.
11.   Hvis der ikke forelægges resultater af en kontrol af oprindelse i overensstemmelse med stk. 8, kan toldmyndigheden i den importerende part nægte et produkt præferencetoldbehandling, hvis den nærer begrundet tvivl eller ikke er i stand til at bestemme, om produktet har oprindelsesstatus.
12.   Hvis der er meningsforskelle i forbindelse med kontrolprocedurerne i denne artikel eller fortolkningen af oprindelsesreglerne med henblik på at bestemme, om et produkt har oprindelsesstatus, og disse meningsforskelle ikke kan bilægges ved høringer mellem den toldmyndighed, der anmoder om kontrol, og den toldmyndighed, der er ansvarlig for at foretage kontrollen, og hvis toldmyndigheden i den importerende part har til hensigt at foretage en bestemmelse af oprindelse, som er i strid med den skriftlige rapport, som toldmyndigheden i den eksporterende part har sendt i henhold til stk. 8, litra a), underretter den importerende part den eksporterende part senest 60 dage efter modtagelsen af den skriftlige rapport.
13.   Efter anmodning fra en af parterne skal parterne afholde og afslutte høringer senest 90 dage fra datoen for den i stk. 12 omhandlede underretning for at bilægge disse meningsforskelle. Fristen for at afslutte høringerne kan forlænges fra sag til sag efter fælles skriftlig overenskomst mellem parterne. Toldmyndigheden i den importerende part kan foretage en bestemmelse af oprindelse efter afslutningen af disse høringer. Parterne kan også søge at bilægge sådanne meningsforskelle i Det Blandede Toldsamarbejdsudvalg, der er omhandlet i artikel 34.
14.   Under alle omstændigheder bilægges meningsforskelle mellem importøren og den importerende parts toldmyndighed i henhold til den importerende parts lovgivning.
15.   Denne protokol er ikke til hinder for, at toldmyndigheden i en part udsteder en bestemmelse af oprindelse eller en forhåndsafgørelse i forbindelse med ethvert spørgsmål, der er under behandling i Det Blandede Toldsamarbejdsudvalg eller Udvalget for Handel med Varer, der er nedsat i henhold til artikel 26.2, litra a) (specialudvalg), eller træffer andre foranstaltninger, som den finder nødvendige, i afventning af en løsning på sagen i henhold til denne aftale.
Artikel 30
Prøvelse og klage
1.   Hver part giver i alt væsentligt samme ret til prøvelse og klage i forbindelse med bestemmelser af oprindelse og forhåndsafgørelser udstedt af dens toldmyndighed, som den giver til importører på sit territorium, til enhver person, der:
a)
har modtaget en bestemmelse af oprindelse i forbindelse med anvendelsen af denne protokol eller
b)
har modtaget en forhåndsafgørelse i henhold til artikel 33, stk. 1.
2.   I henhold til artikel 27.3 (administrative procedurer) og artikel 27.4 (prøvelse og klage), skal hver part sikre, at den ret til prøvelse og klage, der er omhandlet i stk. 1, omfatter adgang til mindst to niveauer af prøvelse og klage, herunder mindst et retligt eller kvasiretligt niveau.
Artikel 31
Sanktioner
Hver part opretholder foranstaltninger, der pålægger strafferetlige, civilretlige eller administrative sanktioner for overtrædelser af dens love vedrørende denne protokol.
Artikel 32
Fortrolighed
1.   Denne protokol kræver ikke, at en part leverer eller giver adgang til forretningsoplysninger eller til oplysninger vedrørende en identificeret eller identificerbar fysisk person, hvis videregivelse ville hindre retshåndhævelse eller være i strid med denne parts lovgivning til beskyttelse af forretningsoplysninger og personoplysninger og privatlivets fred.
2.   Hver part behandler i overensstemmelse med sin lovgivning de oplysninger, der indhentes i henhold til denne protokol, fortroligt og beskytter disse oplysninger mod videregivelse, der kunne skade konkurrenceevnen hos den person, som afgiver oplysningerne. Hvis den part, der modtager eller indhenter oplysningerne, i henhold til sin lovgivning pålægges at videregive oplysningerne, underretter denne part den person eller part, som har afgivet oplysningerne.
3.   Hver part sikrer, at de fortrolige oplysninger, der er indhentet i henhold til denne protokol, ikke anvendes til andre formål end administration og håndhævelse af bestemmelse af oprindelse og toldspørgsmål, undtagen med tilladelse fra den person eller part, som har afgivet de fortrolige oplysninger.
4.   Uanset stk. 3 kan en part tillade, at oplysninger, der indhentes i henhold til denne protokol, anvendes til administrative, retlige eller kvasiretlige procedurer, som indledes på grund af manglende overholdelse af toldrelateret lovgivning til gennemførelse af denne protokol. En part underretter den person eller part, der afgav oplysningerne, forud for en sådan anvendelse.
5.   Parterne udveksler oplysninger om deres respektive lovgivning om databeskyttelse med henblik på at fremme anvendelsen af stk. 2.
Artikel 33
Forhåndsafgørelser om oprindelse
1.   Hver part sørger gennem sin toldmyndighed forud for importen af et produkt til sit territorium for hurtig udstedelse i overensstemmelse med sin lovgivning af en skriftlig forhåndsafgørelse om, hvorvidt et produkt kan karakteriseres som et produkt med oprindelsesstatus i henhold til denne protokol.
2.   Hver part vedtager eller opretholder procedurer for udstedelse af forhåndsafgørelser, herunder en detaljeret beskrivelse af de oplysninger, der med rimelighed kan kræves for at behandle en anmodning om en afgørelse.
3.   Hver part sikrer, at dens toldmyndighed:
a)
når som helst i løbet af en evaluering af en anmodning om en forhåndsafgørelse kan anmode om supplerende oplysninger fra den person, der anmoder om afgørelsen,
b)
udsteder afgørelsen senest 120 dage efter den dato, hvor den har fået alle de nødvendige oplysninger fra den person, der anmoder om forhåndsafgørelsen,
c)
giver den person, der anmoder om forhåndsafgørelsen, en fuldstændig begrundelse for afgørelsen.
4.   Når en anmodning om en forhåndsafgørelse indebærer et spørgsmål, der omfatter:
a)
en oprindelseskontrol,
b)
en prøvelse foretaget af eller klage til en toldmyndighed eller
c)
en retlig eller kvasiretlig prøvelse på toldmyndighedens territorium,
kan toldmyndigheden i overensstemmelse med gældende love afslå eller udsætte udstedelsen af afgørelsen.
5.   Hver part anvender en forhåndsafgørelse på import til sit territorium af det produkt, for hvilket der blev anmodet om en afgørelse, fra datoen for dens udstedelse eller fra en senere dato, hvis dette er angivet i afgørelsen, jf. dog stk. 7.
6.   Hver part giver enhver person, der anmoder om en forhåndsafgørelse, samme behandling som enhver anden person, som den har udstedt en forhåndsafgørelse til, forudsat at de faktiske forhold og omstændigheder i alt væsentligt er identiske.
7.   Den part, der udsteder en forhåndsafgørelse, kan ændre eller tilbagekalde en forhåndsafgørelse:
a)
hvis afgørelsen bygger på en faktisk vildfarelse,
b)
hvis der sker en ændring i de faktiske forhold og omstændigheder, som afgørelsen bygger på,
c)
for at sikre overensstemmelse med en ændring af kapitel to (national behandling og markedsadgang for varer) eller denne protokol eller
d)
for at sikre overensstemmelse med en retsafgørelse eller en ændring i sin lovgivning.
8.   Hver part sørger for, at en ændring eller tilbagekaldelse af en forhåndsafgørelse har virkning fra den dato, hvor ændringen eller tilbagekaldelsen er udstedt, eller fra en senere dato, hvis dette er angivet i afgørelsen, og ikke finder anvendelse på import af et produkt, der har fundet sted før denne dato, medmindre den person, som forhåndsafgørelsen er udstedt til, ikke har handlet i overensstemmelse med dens vilkår og betingelser.
9.   Uanset stk. 8 kan den part, der udsteder en forhåndsafgørelse, i overensstemmelse med gældende lovgivning udsætte den dato, hvorfra en ændring eller tilbagekaldelse har virkning i højst seks måneder.
10.   Hver part sikrer, at en forhåndsafgørelse forbliver i kraft og overholdes, jf. dog stk. 7.
Artikel 34
Udvalg
Det Blandede Toldsamarbejdsudvalg (»Toldsamarbejdsudvalget«), der er bemyndiget til at handle under Det Blandede CETA-Udvalgs auspicier som et specialudvalg i henhold til artikel 26.2, stk. 1, (specialudvalg), kan revidere denne protokol og foreslå ændringer til dens bestemmelser til Det Blandede CETA-udvalg. Toldsamarbejdsudvalget skal bestræbe sig på at træffe afgørelse om:
a)
en ensartet forvaltning af oprindelsesreglerne, herunder tariferings- og værdiansættelsesspørgsmål i forbindelse med denne protokol,
b)
tekniske, fortolkningsmæssige eller administrative spørgsmål i forbindelse med denne protokol eller
c)
prioriteter i forbindelse med kontrol af oprindelse og andre spørgsmål vedrørende kontrol af oprindelse.
(
1
)
  Processer som f.eks. nedkøling, frysning eller ventilation anses for utilstrækkelige i henhold til litra a), hvorimod processer som f.eks. anbringelse i saltlage, tørring eller rygning, der har til formål at give et produkt særlige eller forskellige egenskaber, ikke anses for utilstrækkelige.
BILAG 1
TOLERANCE FOR TEKSTILVARER OG BEKLÆDNINGSGENSTANDE
1.
I dette bilag forstås ved:
naturlige fibre
: andre fibre end regenererede og syntetiske fibre, som ikke er spundet. Naturlige fibre omfatter også affald og, medmindre andet er angivet, fibre, der er kartede, kæmmede eller på anden måde beredt, men ikke spundet. Naturlige fibre omfatter også hestehår henhørende under position 05.11, natursilke henhørende under position 50.02-50.03, uld og fine eller grove dyrehår henhørende under position 51.01-51.05, bomuld henhørende under position 52.01-52.03 og andre vegetabilske fibre henhørende under position 53.01-53.05
spindeopløsninger, kemikalier og materialer til papirfremstilling
: materialer, der ikke tariferes i kapitel 50-63, og som kan anvendes til fremstilling af regenererede eller syntetiske fibre eller papirfibre eller -garn
korte kemofibre
: syntetiske eller regenererede bånd (tow), korte fibre eller affald henhørende under position 55.01-55.07.
2.
Det præciseres, at materialer uden oprindelsesstatus henhørende under kapitel 1-49 eller 64-97, herunder materialer, der indeholder tekstiler, kan lades ude af betragtning i forbindelse med bestemmelse af, om alle de materialer uden oprindelsesstatus, som anvendes i produktionen af et produkt henhørende under kapitel 50-63, opfylder den relevante oprindelsesregel i bilag 5.
3.
Med forbehold af stk. 7 gælder det, at hvis de materialer uden oprindelsesstatus, der anvendes i produktionen af et produkt henhørende under kapitel 50-63, ikke opfylder de betingelser, som er fastsat i bilag 5, er produktet ikke desto mindre et produkt med oprindelsesstatus, forudsat:
a)
at produktet er produceret af to eller flere basistekstilmaterialer, der er opført i tabel 1,
b)
at nettovægten af basistekstilmaterialer uden oprindelsesstatus opført i tabel 1 ikke overstiger 10 procent af produktets nettovægt, og
c)
at produktet opfylder alle andre relevante krav i denne protokol.
4.
Med forbehold af stk. 7 gælder det, at et produkt henhørende under kapitel 50-63, som er produceret af et eller flere basistekstilmaterialer, der er opført i tabel 1, og garn af polyurethan opdelt af fleksible polyethersegmenter uden oprindelsesstatus, ikke desto mindre er et produkt med oprindelsesstatus, forudsat:
a)
at vægten af garn af polyurethan opdelt af fleksible polyethersegmenter uden oprindelsesstatus ikke overstiger 20 procent af produktets vægt, og
b)
at produktet opfylder alle andre relevante krav i denne protokol.
5.
Med forbehold af stk. 7 gælder det, at et produkt henhørende under kapitel 50-63, som produceres af et eller flere basistekstilmaterialer, der er opført i tabel 1, og strimler bestående af en kerne af aluminiumsfolie eller en kerne af plastfolie, også beklædt med aluminiumspulver, af bredde på 5 mm og derunder, der ved hjælp af et gennemsigtigt eller farvet klæbemiddel er anbragt mellem to lag plastfolie uden oprindelsesstatus, ikke desto mindre er et produkt med oprindelsesstatus, forudsat:
a)
at vægten af strimler bestående af en kerne af aluminiumsfolie eller en kerne af plastfolie, også beklædt med aluminiumspulver, af bredde på 5 mm og derunder, der ved hjælp af et gennemsigtigt eller farvet klæbemiddel er anbragt mellem to lag plastfolie uden oprindelsesstatus ikke overstiger 30 procent af produktets vægt, og
b)
at produktet opfylder alle andre relevante krav i denne protokol.
6.
Med forbehold af stk. 7 gælder det, at hvis de materialer uden oprindelsesstatus, der anvendes i produktionen af et produkt henhørende under kapitel 61-63, ikke opfylder de betingelser, som er fastsat i bilag 5, er produktet ikke desto mindre et produkt med oprindelsesstatus, forudsat:
a)
at materialerne uden oprindelsesstatus henhører under en anden position end produktet,
b)
at værdien af materialer uden oprindelsesstatus ikke overstiger 8 procent af produktets transaktionsværdi eller pris ab fabrik, og
c)
at produktet opfylder alle andre relevante krav i denne protokol.
Dette punkt finder ikke anvendelse på materialer uden oprindelsesstatus, der anvendes i produktionen af for eller mellemfor til et produkt henhørende under kapitel 61-63.
7.
Den tolerance, der er fastlagt i punkt 2-6, finder ikke anvendelse på materialer uden oprindelsesstatus, der anvendes i produktionen af et produkt, hvis de pågældende materialer er omfattet af en oprindelsesregel, hvori der indgår en procentsats for deres maksimumsværdi eller -vægt.
Tabel 1 — Basistekstilmaterialer
1.
silke
2.
uld
3.
grove dyrehår
4.
fine dyrehår
5.
hestehår
6.
bomuld
7.
materialer til papirfremstilling og papir
8.
hør
9.
hamp
10.
jute og andre bastfibre
11.
sisal og andre agavefibre
12.
kokos, abaca, ramie og andre vegetabilske tekstilfibre
13.
endeløse syntetiske fibre
14.
endeløse regenererede fibre
15.
strømførende fibre
16.
korte syntetiske fibre af polypropylen
17.
korte syntetiske fibre af polyester
18.
korte syntetiske fibre af polyamid
19.
korte syntetiske fibre af polyacrylonitril
20.
korte syntetiske fibre af polyimid
21.
korte syntetiske fibre af polytetrafluorethylen
22.
korte syntetiske fibre af poly(phenylensulfid)
23.
korte syntetiske fibre af poly(vinylchlorid)
24.
andre korte syntetiske fibre
25.
korte regenererede fibre af viskose
26.
andre korte regenererede fibre
27.
garn af polyuretan opdelt af fleksible polyethersegmenter, også overspundet
28.
garn af polyuretan opdelt af fleksible polyestersegmenter, også overspundet
29.
et materiale hørende under position 56.05 (metalliseret garn), hvori der indgår strimler bestående af en kerne af aluminiumsfolie eller en kerne af plastfolie, også beklædt med aluminiumspulver, af bredde på 5 mm og derunder, der ved hjælp af et gennemsigtigt eller farvet klæbemiddel er anbragt mellem to lag plastfolie
30.
ethvert andet materiale henhørende under position 56.05
BILAG 2
Tekst af billedet
TEKST TIL OPRINDELSESERKLÆRINGEN
Oprindelseserklæringen, hvis tekst er angivet i det følgende, udfærdiges i overensstemmelse med fodnoterne. Det er dog ikke nødvendigt at gengive fodnoterne.
(Period: from to (1))
The exporter of the products covered by this document (customs authorisation No … (2)) declares that, except where otherwise clearly indicated, these products are of … (3) preferential origin.
(4)
(Sted og dato)
(5)
(Eksportørens underskrift og trykte navn)
(1) Hvis oprindelseserklæringen udfyldes for flere forsendelser af identiske produkter med oprindelsesstatus, jf. artikel 19, stk. 5, anføres den periode, hvori oprindelseserklæringen finder anvendelse. Perioden må højst være på 12 måneder. Al import af produktet skal ske inden for den anførte periode. Hvis en periode ikke er relevant, er det ikke nødvendigt at udfylde feltet.
(2) For EU-eksportører: Hvis oprindelseserklæringen udfyldes af en godkendt eller registreret eksportør, skal eksportørens toldgodkendelse eller registreringsnummer anføres. Et toldgodkendelsesnummer er kun nødvendigt, hvis eksportøren er en godkendt eksportør. Hvis oprindelseserklæringen ikke udfærdiges af en godkendt eller registreret eksportør, udelades ordlyden i parentes, eller eksportøren undlader at udfylde feltet.
For canadiske eksportører: Eksportørens virksomhedsnummer, der er tildelt af den canadiske regering, skal anføres. Hvis eksportøren ikke har fået tildelt et virksomhedsnummer, er det ikke nødvendigt at udfylde feltet.
(3) Canada/EU: produkter, som har oprindelsesstatus i henhold til oprindelsesreglerne i den samlede økonomi- og handelsaftale mellem Canada og Den Europæiske Union. Hvis oprindelseserklæringen helt eller delvis vedrører produkter med oprindelse i Ceuta og Melilla, skal eksportøren tydeligt angive symbolet "CM".
(4) Disse angivelser kan udelades, hvis oplysningerne fremgår af selve dokumentet.
(5) Artikel 19, stk. 3, indeholder en undtagelse til kravet om eksportørens underskrift. Hvis det ikke er et krav, at eksportøren skriver under, er han også fritaget for at angive sit navn.
Tekst af billedet
Bulgarsk
(Период: от до (1))
Износителят на продуктите, обхванати от този документ (митническо разрешение № … (2)), декларира, че освен когато е отбелязано друго, тези продукти са с/със … преференциален произход (3).
Spansk
(Período comprendido entre el y el (1))
El exportador de los productos incluidos en el presente documento (autorización aduanera no … (2)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial. … (3).
Tjekkisk
(Období: od do (1))
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení … (2)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (3).
Dansk
(Periode: fra til (1))
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. … (2)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (3).
Tysk
(Zeitraum: von bis (1))
Der Ausführer (ermächtigter Ausführer; Bewilligungs-Nr. … (2)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anderes angegeben, präferenzbegünstigte … (3) Ursprungswaren sind.
Estisk
(Ajavahemik: alates kuni (1))
Käesoleva dokumendiga hõlmatud toodete eksportija (tolli luba nr. … (2)) deklareerib, et need tooted on … (3) sooduspäritoluga, välja arvatud juhul, kui on selgelt näidatud teisiti.
Græsk
(Περίοδος: από έως (1))
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ' αριθ. … (2)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (3).
Engelsk
(Period: from to (1))
The exporter of the products covered by this document (customs authorisation No… (2)) declares that, except where otherwise clearly indicated, these products are of … (3) preferential origin.
Tekst af billedet
Fransk
(Période: du au (1))
L'exportateur des produits couverts par le présent document (autorisation douanière no … (2)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (3)).
Kroatisk
(Razdoblje: od do (1))
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (2)) izjavljuje da su, osim ako je drugačije izričito navedeno, ovi proizvodi … (3) preferencijalnog podrijetla.
Italiensk
(Periodo: dal al (1))
L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. … (2)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (3).
Lettisk
(Laikposms: no līdz (1))
To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. … (2)) deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme… (3).
Litauisk
(Laikotarpis: nuo iki (1))
Šiame dokumente išvardintų prekių eksportuotojas (muitinės liudijimo Nr. … (2)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (3) preferencinės kilmės prekės..
Ungarsk
(Időszak: -tól -ig (1))
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (2)) kijelentem, hogy eltérő egyértelmű jelzés hiányában az áruk preferenciális … (3) származásúak.
Maltesisk
(Perjodu: minn sa (1))
L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana Nru. … (2)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali … (3).
Nederlandsk
(Periode: van tot en met (1))
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. … (2)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële oorsprong zijn uit … (3).
Tekst af billedet
Polsk
(Okres: od do (1))
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr … (2)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (3) preferencyjne pochodzenie.
Portugisisk
(Período: de a (1))
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira n.o … (2)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (3).
Rumænsk
(Perioada: de la până la (1))
Exportatorul produselor care fac obiectul prezentului document (autorizația vamală nr. … (2)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (3).
Slovensk
(Obdobje: od do (1))
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št … (2)), izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno … (3) poreklo.
Slovakisk
(Obdobie: od do (1))
Vývozca výrobkov uvedených v tomto dokumente (číslo colného povolenia … (2)) vyhlasuje, že pokiaľ nie je jasne uvedené inak, majú tieto výrobky preferenčný pôvod v … (3).
Finsk
( ja välinen aika (1))
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa N:o … (2)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita (3).
Svensk
(Period: från till (1))
Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr … (2)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ursprung i … (3).
BILAG 3
Tekst af billedet
LEVERANDØRERKLÆRING FOR MATERIALER UDEN OPRINDELSESSTATUS, DER ANVENDES I PRODUKTIONEN AF PRODUKTER UDEN OPRINDELSESSTATUS
Erklæring:
Undertegnede leverandør af de i vedlagte dokument omhandlede produkter erklærer, at:
a) Følgende materialer, der ikke har oprindelse i Den Europæiske Union/i Canada (1), er blevet anvendt i Den Europæiske Union/i Canada til at producere følgende leverede produkter uden oprindelsesstatus.
b) Alle andre materialer, der er anvendt i Den Europæiske Union/i Canada til at producere disse produkter, har oprindelse dér.
1
Beskrivelse af leveret produkt/leverede produkter uden oprindelsesstatus
2
HS-tarifering af leveret produkt/leverede produkter uden oprindelsesstatus
3
Værdi af leveret produkt/leverede produkter uden oprindelses-status (2)
4
Beskrivelse af anvendt(e) materiale(r) uden oprindelsesstatus
5
HS-tarifering af anvendt(e) materiale(r) uden oprindelsesstatus
6
Værdi af anvendte materialer uden oprindelses-status (2)
I alt:
I alt:
Jeg forpligter mig til efter anmodning at forelægge yderligere støttedokumenter.
(Sted og dato)
(Navn og stilling og virksomhedens navn og adresse)
(Underskrift)
(1) Overstreg den part, der ikke er relevant, alt efter omstændighederne.
(2) Angiv værdien pr. enhed af de produkter og materialer, der er beskrevet i henholdsvis kolonne 3 og 6, for hvert produkt uden oprindelsesstatus, der er leveret, og hvert materiale uden oprindelsesstatus, der er anvendt.
BILAG 4
SPØRGSMÅL VEDRØRENDE CEUTA OG MELILLA
1.
Med henblik på denne protokol og for så vidt angår Den Europæiske Union omfatter udtrykket »part« ikke Ceuta og Melilla.
2.
Når produkter med oprindelse i Canada importeres til Ceuta og Melilla, skal der i enhver henseende gives dem samme toldbehandling, herunder præferencetoldbehandling, som der gives produkter med oprindelse i Den Europæiske Unions toldområde i henhold til 
protokol nr. 2 til akten vedrørende kongeriget Spaniens og republikken Portugals tiltrædelse af De Europæiske Fællesskaber
. Canada anvender samme toldordning, herunder præferencetoldbehandling, ved import af produkter, der er omfattet af denne aftale, og som har oprindelse i Ceuta og Melilla, som den, der anvendes ved import af produkter fra og med oprindelse i Den Europæiske Union.
3.
De oprindelsesregler, der finder anvendelse på Canada i henhold til denne protokol, finder anvendelse på bestemmelse af oprindelse af produkter, som eksporteres fra Canada til Ceuta og Melilla. De oprindelsesregler, der finder anvendelse på Den Europæiske Union i henhold til denne protokol, finder anvendelse på bestemmelse af oprindelse af produkter, som eksporteres fra Ceuta og Melilla til Canada.
4.
Bestemmelserne i denne protokol om udstedelse, anvendelse og efterfølgende kontrol af oprindelse finder anvendelse på produkter, der eksporteres fra Canada til Ceuta og Melilla, og på produkter, der eksporteres fra Ceuta og Melilla til Canada.
5.
Bestemmelserne om kumulation af oprindelse i denne protokol finder anvendelse på import og eksport af produkter mellem Den Europæiske Union, Canada og Ceuta og Melilla.
6.
Med henblik på punkt 2, 3, 4 og 5 betragtes Ceuta og Melilla som et enkelt territorium.
7.
De spanske toldmyndigheder er ansvarlige for anvendelsen af dette bilag i Ceuta og Melilla.
BILAG 5
PRODUKTSPECIFIKKE OPRINDELSESREGLER
Indledende noter til bilag 5
1.
Dette bilag indeholder de betingelser, et produkt skal opfylde, for at det kan anses for at have oprindelsesstatus i den i artikel 5 fastlagte betydning (tilstrækkelig produktion).
2.
I dette bilag forstås ved:
kapitel
: et kapitel i HS
position
: et firecifret nummer eller de første fire cifre af et nummer, der anvendes i HS
afsnit
: et afsnit i HS
underposition
: et sekscifret nummer eller de første seks cifre af et nummer, der anvendes i HS
toldbestemmelse
: et kapitel, en position eller en underposition i HS.
3.
Den/det produktspecifikke oprindelsesregel eller sæt af oprindelsesregler, som finder anvendelse på et produkt, der tariferes under en bestemt position, underposition eller gruppe af positioner eller underpositioner, findes umiddelbart ved siden af den pågældende position, underposition eller gruppe af positioner eller underpositioner.
4.
Medmindre andet er angivet, gælder et krav om et skift i tarifering eller enhver anden betingelse, der er fastsat i en produktspecifik oprindelsesregel, kun for materialer uden oprindelsesstatus.
5.
Bestemmelser til et afsnit, et kapitel, en position eller en underposition findes i givet fald i begyndelsen af hvert nyt afsnit, hvert nyt kapitel, hver ny position eller hver ny underposition. Disse bestemmelser skal læses sammen med de produktspecifikke oprindelsesregler for det relevante afsnit, det relevante kapitel, den relevante position eller den relevante underposition og kan indeholde yderligere betingelser eller udgøre et alternativ til de produktspecifikke oprindelsesregler.
6.
Medmindre andet er angivet, forstås ved henvisning til vægt i en produktspecifik oprindelsesregel nettovægten, som er vægten af et materiale eller et produkt, eksklusive vægten af emballagen, jf. definitionerne af »nettovægten af materiale uden oprindelsesstatus« og »produktets nettovægt« i artikel 1 (definitioner) i denne protokol.
7.
Ved henvisning til sukker uden oprindelsesstatus i en produktspecifik oprindelsesregel forstås det materiale uden oprindelsesstatus, der er omhandlet i artikel 16 (sukker) i denne protokol.
8.
Hvis en produktspecifik oprindelsesregel kræver:
a)
et skift fra ethvert andet kapitel, enhver anden position eller underposition eller et skift til produkt 
x
 
(
1
)
 fra ethvert andet kapitel, enhver anden position eller underposition, må der kun anvendes materiale uden oprindelsesstatus henhørende under et andet kapitel, en anden position eller underposition end produktet i produktionen af produktet
b)
et skift inden for en position eller underposition eller inden for enhver af de pågældende positioner eller underpositioner, må der anvendes materiale uden oprindelsesstatus henhørende under den pågældende position eller underposition i produktionen af produktet såvel som materiale uden oprindelsesstatus henhørende under et andet kapitel, en anden position eller underposition end produktet
c)
et skift fra enhver position eller underposition uden for en gruppe, må der kun anvendes materiale uden oprindelsesstatus henhørende uden for den pågældende gruppe af positioner eller underpositioner i produktionen af produktet
d)
at et produkt er fuldt ud fremstillet, skal produktet være fuldt ud fremstillet i den i artikel 4 fastlagte betydning (fuldt ud fremstillede produkter). Hvis en forsendelse består af et antal identiske produkter, der tariferes under toldbestemmelse 
x
, betragtes hvert produkt for sig
e)
produktion, hvor alt anvendt materiale henhørende under toldbestemmelse 
x
 er fuldt ud fremstillet, skal alt materiale henhørende under toldbestemmelse 
x
, der anvendes i produktionen af produktet, være fuldt ud fremstillet i den i artikel 4 fastlagte betydning (fuldt ud fremstillede produkter)
f)
et skift fra toldbestemmelse 
x
, uanset om der også er et skift fra ethvert andet kapitel, enhver anden position eller underposition, tages værdien af ethvert materiale uden oprindelsesstatus, der opfylder det skift i tarifering, som præciseres i den sætning, der begynder med ordene »uanset om«, ikke i betragtning ved beregningen af værdien af materialer uden oprindelsesstatus. Hvis to eller flere produktspecifikke oprindelsesregler finder anvendelse på en position, underposition eller gruppe af positioner eller underpositioner, afspejler det skift i tarifering, som præciseres i denne sætning, det skift, der præciseres i første oprindelsesregel
g)
at værdien af materialer uden oprindelsesstatus henhørende under toldbestemmelse 
x
 ikke overstiger 
x
 procent af produktets transaktionsværdi eller pris ab fabrik, er det kun værdien af det materiale uden oprindelsesstatus, som præciseres i denne oprindelsesregel, der tages i betragtning ved beregningen af værdien af materialer uden oprindelsesstatus. Procentsatsen for maksimumsværdien af materialer uden oprindelsesstatus i denne oprindelsesregel må ikke overskrides ved anvendelse af artikel 6 (tolerance)
h)
at værdien af materialer uden oprindelsesstatus henhørende under samme toldbestemmelse som det færdige produkt ikke overstiger 
x procent
 af produktets transaktionsværdi eller pris ab fabrik, må der anvendes materialer uden oprindelsesstatus henhørende under en anden toldbestemmelse end produktet i produktionen af produktet. Det er kun værdien af materialer uden oprindelsesstatus henhørende under samme toldbestemmelse som det færdige produkt, der tages i betragtning ved beregningen af værdien af materialer uden oprindelsesstatus. Procentsatsen for maksimumsværdien af materialer uden oprindelsesstatus i denne oprindelsesregel må ikke overskrides ved anvendelse af artikel 6 (tolerance)
i)
at værdien af alle materialer uden oprindelsesstatus ikke overstiger 
x
 procent af produktets transaktionsværdi eller pris ab fabrik, tages værdien af alle materialer uden oprindelsesstatus i betragtning ved beregningen af værdien af materialer uden oprindelsesstatus. Procentsatsen for maksimumsværdien af materialer uden oprindelsesstatus i denne oprindelsesregel må ikke overskrides ved anvendelse af artikel 6 (tolerance)
j)
at nettovægten af materiale uden oprindelsesstatus henhørende under toldbestemmelse 
x
, der anvendes i produktionen, ikke overstiger 
x
 procent af produktets nettovægt, må de angivne materialer uden oprindelsesstatus anvendes i produktionen af produktet, forudsat at de ikke overstiger den angivne procentsats af produktets nettovægt i overensstemmelse med definitionen af »produktets nettovægt« i artikel 1. Procentsatsen for maksimumsvægten af materiale uden oprindelsesstatus i denne oprindelsesregel må ikke overskrides ved anvendelse af artikel 6 (Tolerance).
9.
Den produktspecifikke oprindelsesregel er den mindsteproduktion af materiale uden oprindelsesstatus, som kræves for at give det færdige produkt oprindelsesstatus. Yderligere produktion end den, der kræves i den produktspecifikke oprindelsesregel for det pågældende produkt, giver også oprindelsesstatus.
10.
Hvis det i en produktspecifik oprindelsesregel fastsættes, at et bestemt materiale uden oprindelsesstatus ikke må anvendes, eller at værdien eller vægten af et bestemt materiale uden oprindelsesstatus ikke må overstige en bestemt tærskel, finder disse betingelser ikke anvendelse på materiale uden oprindelsesstatus, der er tariferet andetsteds i HS.
11.
Når et materiale opnår oprindelsesstatus på en parts territorium, og dette materiale derefter anvendes i produktionen af et produkt, hvis oprindelse bestemmes, tages der ikke hensyn til materiale uden oprindelsesstatus, som anvendes i produktionen af dette materiale, jf. artikel 5 (Tilstrækkelig produktion). Dette gælder, uanset om materialet har opnået oprindelsesstatus på samme fabrik, hvor produktet produceres, eller ej.
12.
De produktspecifikke oprindelsesregler, der er fastsat i dette bilag, gælder også for brugte produkter.
HS-tarifering
Produktspecifik regel for tilstrækkelig produktion i henhold til artikel 5
Afsnit I
Levende dyr; animalske produkter
Kapitel 1
Levende dyr
01.01 -01.06
Alle dyr henhørende under kapitel 1 er fuldt ud fremstillet.
Kapitel 2
Kød og spiselige slagtebiprodukter
02.01 -02.10
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 1 og 2 er fuldt ud fremstillet.
Kapitel 3
Fisk og krebsdyr, bløddyr og andre hvirvelløse vanddyr
Bemærkning:
Akvakulturprodukter henhørende under kapitel 3 anses kun for at have oprindelse i en part, hvis de er opdrættet på den pågældende parts territorium på basis af f.eks. æg, fiskeyngel, sættefisk eller larver med eller uden oprindelsesstatus.
03.01 -03.08
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 3 er fuldt ud fremstillet.
Kapitel 4
Mælk og mejeriprodukter; fugleæg; naturlig honning; spiselige produkter af animalsk oprindelse, ikke andetsteds tariferet
04.01
Et skift fra ethvert andet kapitel, undtagen fra tilberedte varer af mejeriprodukter henhørende under underposition 1901.90  med et mælketørstofindhold på over 10 vægtprocent, forudsat at alt anvendt materiale henhørende under kapitel 4 er fuldt ud fremstillet.
0402.10
Et skift fra ethvert andet kapitel, undtagen fra tilberedte varer af mejeriprodukter henhørende under underposition 1901.90  med et mælketørstofindhold på over 10 vægtprocent, forudsat:
a)
at alt anvendt materiale henhørende under kapitel 4 er fuldt ud fremstillet, og
b)
nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
0402.21 -0402.99
Et skift fra ethvert andet kapitel, undtagen fra tilberedte varer af mejeriprodukter henhørende under underposition 1901.90  med et mælketørstofindhold på over 10 vægtprocent, forudsat:
a)
at alt anvendt materiale henhørende under kapitel 4 er fuldt ud fremstillet, og
b)
nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
04.03 -04.06
Et skift fra ethvert andet kapitel, undtagen fra tilberedte varer af mejeriprodukter henhørende under underposition 1901.90  med et mælketørstofindhold på over 10 vægtprocent, forudsat:
a)
at alt anvendt materiale henhørende under kapitel 4 er fuldt ud fremstillet, og
b)
nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
04.07 -04.10
Produktion, ved hvilken:
a)
alt anvendt materiale henhørende under kapitel 4 er fuldt ud fremstillet, og
b)
nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Kapitel 5
Diverse produkter af animalsk oprindelse, ikke andetsteds tariferet
0501.00 -0511.99
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
Afsnit II
Vegetabilske produkter
Bemærkning:
Landbrugs- og gartneriprodukter, som dyrkes på en parts territorium, behandles som produkter med oprindelse i pågældende parts territorium, også selv om de er dyrket på grundlag af frø, løg, rodstokke, opskæringer, stiklinger, podekviste eller andre levende dele af planter, som er importeret fra et tredjeland.
Kapitel 6
Levende træer og andre levende planter; løg, rødder og lign.; afskårne blomster og blade
06.01 -06.04
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 6 er fuldt ud fremstillet.
Kapitel 7
Spiselige grøntsager samt visse rødder og rodknolde
07.01 -07.09
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 7 er fuldt ud fremstillet.
0710.10 -0710.80
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 7 er fuldt ud fremstillet.
0710.90
Et skift fra enhver anden underposition, forudsat:
a)
at nettovægten af asparges, bønner, broccoli, kål, gulerødder, blomkål, courgetter, agurker, asier, artiskokker, svampe, løg, ærter, kartofler, sukkermajs, sød peber og tomater uden oprindelsesstatus henhørende under kapitel 7, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af grøntsager uden oprindelsesstatus henhørende under kapitel 7, der anvendes i produktionen, ikke overstiger 50 procent af produktets nettovægt.
07.11
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 7 er fuldt ud fremstillet.
0712.20 -0712.39
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 7 er fuldt ud fremstillet.
0712.90
Et skift til blandinger af tørrede grøntsager fra enkelte tørrede grøntsager inden for denne underposition eller enhver anden underposition, forudsat:
a)
at nettovægten af kål, gulerødder, courgetter, agurker, asier, artiskokker, svampe, kartofler, sukkermajs, sød peber, tomater og majroer uden oprindelsesstatus henhørende under kapitel 7, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af grøntsager uden oprindelsesstatus henhørende under kapitel 7, der anvendes i produktionen, ikke overstiger 50 procent af produktets nettovægt;
eller
For alle andre produkter henhørende under underposition 0712.90 , produktion, ved hvilken alt anvendt materiale henhørende under kapitel 7 er fuldt ud fremstillet.
07.13 -07.14
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 7 er fuldt ud fremstillet.
Kapitel 8
Spiselige frugter og nødder; skaller af citrusfrugter og meloner
08.01 -08.10
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 8 er fuldt ud fremstillet.
08.11
Produktion, ved hvilken:
a)
alt anvendt materiale henhørende under kapitel 8 er fuldt ud fremstillet, og
b)
nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
08.12
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 8 er fuldt ud fremstillet.
0813.10 -0813.40
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 8 er fuldt ud fremstillet.
0813.50
Et skift fra enhver anden underposition, forudsat:
a)
at nettovægten af mandler, æbler, abrikoser, bananer, kirsebær, kastanjer, citrusfrugter, figner, druer, hasselnødder, nektariner, ferskner, pærer, blommer og valnødder uden oprindelsesstatus henhørende under kapitel 8, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af andre frugter og nødder end mandler, æbler, abrikoser, bananer, paranødder, caramboler, cashewæbler, cashewnødder, kirsebær, kastanjer, citrusfrugter, kokosnødder, figner, druer, guavabær, hasselnødder, jackfrugter, litchi, macadamianødder (queenslandnødder), mango, mangostaner, nektariner, melontræsfrugter (papaya), passionsfrugter, ferskner, pærer, pistacienødder, pitahaya, blommer, tamarinder eller valnødder uden oprindelsesstatus henhørende under kapitel 8, der anvendes i produktionen, ikke overstiger 50 procent af produktets nettovægt, og
c)
at nettovægten af frugter og nødder uden oprindelsesstatus henhørende under kapitel 8, der anvendes i produktionen, ikke overstiger 80 procent af produktets nettovægt.
08.14
Produktion, ved hvilken alt anvendt materiale henhørende under kapitel 8 er fuldt ud fremstillet.
Kapitel 9
Kaffe, te, maté og krydderier
0901.11 -0901.90
Et skift fra enhver anden underposition.
0902.10 -0910.99
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
Kapitel 10
Korn
10.01 -10.08
Alt korn henhørende under kapitel 10 er fuldt ud fremstillet.
Kapitel 11
Mølleriprodukter; malt; stivelse; inulin; hvedegluten
11.01 -11.09
Produktion, ved hvilken alt anvendt materiale henhørende under position 07.01 , underposition 0710.10 , kapitel 10 eller 11 eller position 23.02  eller 23.03  er fuldt ud fremstillet.
Kapitel 12
Olieholdige frø og frugter; diverse andre frø og frugter; planter til industriel og medicinsk brug; halm og foderplanter
12.01 -12.07
Et skift fra enhver anden position.
12.08
Et skift fra ethvert andet kapitel.
12.09 -12.14
Et skift fra enhver anden position.
Kapitel 13
Schellak og lign.; karbohydratgummier og naturharpikser samt andre plantesafter og planteekstrakter
1301.20 -1301.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
1302.11 -1302.39
Et skift inden for enhver af disse underpositioner eller enhver anden underposition, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Kapitel 14
Vegetabilske flettematerialer; vegetabilske produkter, ikke andetsteds tariferet
1401.10 -1404.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
Afsnit III
Animalske og vegetabilske fedtstoffer og olier samt deres spaltningsprodukter; tilberedt spisefedt; animalsk og vegetabilsk voks
Kapitel 15
Animalske og vegetabilske fedtstoffer og olier samt deres spaltningsprodukter; tilberedt spisefedt; animalsk og vegetabilsk voks
15.01 -15.04
Et skift fra enhver anden position.
15.05
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
15.06
Et skift fra enhver anden position.
15.07 -15.08
Et skift fra ethvert andet kapitel.
15.09 -15.10
Produktion, ved hvilken samtlige olivenolier henhørende under position 15.09  eller 15.10  er fuldt ud fremstillet.
15.11 -15.15
Et skift fra ethvert andet kapitel.
1516.10
Et skift fra enhver anden position.
1516.20
Et skift fra ethvert andet kapitel.
15.17
Et skift fra enhver anden position, undtagen fra position 15.07 -15.15 , underposition 1516.20  eller position 15.18 .
Bemærkning:
Med henblik på oprindelsesreglen for position 15.18 , som henviser til indhold af uopløselige urenheder, måles dette indhold ved hjælp af American Oil Chemists' Society method Ca 3a-46.
15.18
Et skift til vegetabilske fedtstoffer eller olier fra én slags grøntsager eller fraktioner deraf fra ethvert andet kapitel;
eller
Et skift til ikke-spiselige blandinger af animalske eller vegetabilske fedtstoffer eller olier eller af fraktioner deraf, eller tilberedninger deraf, som indeholder 0,15 nettovægtprocent eller derunder af uopløselige urenheder, inden for denne position eller enhver anden position, forudsat at produktionen reducerer indholdet af uopløselige urenheder;
eller
Et skift til ethvert andet produkt henhørende under position 15.18  fra enhver anden position.
15.20
Et skift inden for denne position eller enhver anden position.
15.21 -15.22
Et skift fra enhver anden position.
Afsnit IV
Produkter fra fødevareindustrien; drikkevarer, ethanol (ethylalkohol) og eddike; tobak og fabrikerede tobakserstatninger
Kapitel 16
Tilberedte varer af kød, fisk, krebsdyr, bløddyr eller andre hvirvelløse vanddyr
16.01 -16.02
Et skift fra ethvert andet kapitel, undtagen fra kapitel 2.
16.03
Et skift fra ethvert andet kapitel, undtagen fra kapitel 2 eller 3.
16.04 -16.05
Et skift fra ethvert andet kapitel, undtagen fra kapitel 3.
Kapitel 17
Sukker og sukkervarer
17.01
Et skift fra enhver anden position.
17.02
Et skift fra enhver anden position, undtagen fra underposition 1701.91  eller 1701.99 , forudsat at nettovægten af materiale uden oprindelsesstatus henhørende under position 11.01 -11.08 , underposition 1701.11  eller 1701.12  eller position 17.03 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
17.03
Et skift fra enhver anden position.
17.04
Et skift fra enhver anden position, forudsat:
a)
i)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt; eller
ii)
at værdien af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 30 procent af produktets transaktionsværdi eller pris ab fabrik; og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Kapitel 18
Kakao og tilberedte varer deraf
18.01 -18.02
Et skift fra enhver anden position.
1803.10 -1803.20
Et skift fra enhver anden underposition.
18.04 -18.05
Et skift fra enhver anden position.
18.06
Et skift fra enhver anden position, forudsat:
a)
i)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt; eller
ii)
at værdien af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 30 procent af produktets transaktionsværdi eller pris ab fabrik, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Kapitel 19
Tilberedte varer af korn, mel, stivelse eller mælk; bagværk
19.01
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 30 procent af produktets nettovægt,
c)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
d)
at nettovægten af sukker uden oprindelsesstatus og materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
1902.11 -1902.19
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
c)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
1902.20
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 2, 3 eller 16, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
c)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
d)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
1902.30 -1902.40
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
c)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
19.03
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
1904.10 -1904.20
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 30 procent af produktets nettovægt,
c)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
d)
at nettovægten af sukker uden oprindelsesstatus og materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
1904.30
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
1904.90
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 30 procent af produktets nettovægt,
c)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
d)
at nettovægten af sukker uden oprindelsesstatus og materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
19.05
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt,
c)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
d)
at nettovægten af sukker uden oprindelsesstatus og materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 50 procent af produktets nettovægt.
Kapitel 20
Varer af grøntsager, frugter, nødder eller andre planter og plantedele
20.01
Et skift fra enhver anden position.
20.02 -20.03
Et skift fra enhver anden position, hvori alle anvendte materialer henhørende under kapitel 7 er fuldt ud fremstillet.
20.04 -20.05
Et skift fra enhver anden position.
20.06
Et skift til tilberedninger af blåbær, kirsebær, tranebær, loganbær, hindbær, saskatoonbær eller jordbær fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 60 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under position 20.06  fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2007.10 -2007.91
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2007.99
Et skift til syltetøj, frugtgelé, frugtsmørepålæg eller frugtmos fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 60 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under underposition 2007.99  fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Bemærkning:
Med henblik på oprindelsesreglerne for tilberedninger af blåbær, kirsebær, tranebær, loganbær, hindbær, saskatoonbær eller jordbær henhørende under position 20.08  kan produktets nettovægt være nettovægten af alt det materiale, der anvendes i produktionen af produktet, eksklusive nettovægten af vand henhørende under position 22.01 , som tilsættes under produktionen af produktet. Nettovægten af frugt, der anvendes i produktionen, kan være nettovægten af frugten, også frosset eller udskåret, men ikke yderligere forarbejdet.
2008.11 -2008.19
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
2008.20 -2008.50
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2008.60
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 60 procent af produktets nettovægt.
2008.70
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2008.80
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 60 procent af produktets nettovægt.
2008.91
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2008.93
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 60 procent af produktets nettovægt.
2008.97
Et skift til blandinger, der indeholder blåbær, kirsebær, tranebær, loganbær, hindbær, saskatoonbær eller jordbær fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 60 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under underposition 2008.97  fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
2008.99
Et skift til tilberedninger af blåbær, loganbær, hindbær eller saskatoonbær fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 60 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under underposition 2008.99  fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2009.11 -2009.79
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2009.81
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt.
2009.89
Et skift fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2009.90
Et skift til blandinger, der indeholder blåbærsaft, tranebærsaft, hyldebærsaft, loganbærsaft eller saskatoonbærsaft fra enhver anden underposition, undtagen fra blåbærsaft, tranebærsaft, hyldebærsaft, loganbærsaft eller saskatoonbærsaft uden oprindelsesstatus henhørende under position 20.09 , forudsat:
a)
at nettovægten af juice (single strength) uden oprindelsesstatus henhørende under position 20.09 , der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt, og
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under underposition 2009.90  fra enhver anden position, forudsat at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Kapitel 21
Diverse produkter fra fødevareindustrien
2101.11 -2101.30
Et skift fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2102.10 -2102.30
Et skift fra enhver anden underposition.
2103.10
Et skift fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 04.07 -04.10 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2103.20
Et skift til tomatketchup eller barbecuesauce fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt,
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 04.07 , 04.08  eller 04.10 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
c)
at nettovægten af sukker uden oprindelsesstatus og materiale uden oprindelsesstatus henhørende under position 04.07 , 04.08  eller 04.10 , der anvendes i produktionen, ikke overstiger 50 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under underposition 2103.20  fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 04.07 -04.10 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2103.30
Et skift fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 04.07 -04.10 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Bemærkning:
Med henblik på oprindelsesreglen for underposition 2103.90  udgør sammensatte smagspræparater tilberedte fødevarer, der kan tilsættes fødevarer med henblik på at forbedre eller give duft og/eller smag under fremstillingen eller tilberedningen af fødevarer, inden de serveres, eller efter at fødevarerne er serveret.
2103.90
Et skift til barbecuesauce, saucer på basis af frugt og sammensatte smagspræparater fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt,
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 04.07 , 04.08  eller 04.10 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
at nettovægten af sukker uden oprindelsesstatus og materiale uden oprindelsesstatus henhørende under position 04.07 , 04.08  eller 04.10 , der anvendes i produktionen, ikke overstiger 50 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under underposition 2103.90  fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 04.07 -04.10 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2104.10 -2105.00
Et skift fra enhver anden underposition, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
21.06
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 40 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Kapitel 22
Drikkevarer, ethanol (ethylalkohol) og eddike
22.01
Et skift fra enhver anden position.
2202.10
Et skift fra enhver anden position, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2202.90
Et skift til drikkevarer, der indeholder mælk, fra enhver anden position, undtagen fra position 04.01 -04.06  eller fra tilberedte varer af mejeriprodukter henhørende under underposition 1901.90  med et indhold af mælketørstof på over 10 vægtprocent, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under position 04.07 -04.10 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt; eller
Et skift til ethvert andet produkt henhørende under underposition 2202.90  fra enhver anden position, forudsat:
a)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 % af produktets nettovægt, og
b)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
22.03
Et skift fra enhver anden position.
22.04
Et skift fra enhver anden position, undtagen fra underposition 0806.10 , 2009.61  eller 2009.69 , position 22.07  eller 22.08 .
22.05 -22.06
Et skift fra enhver anden position.
22.07 -22.09
Et skift fra enhver anden position uden for denne gruppe, undtagen fra position 22.04 .
Kapitel 23
Rest- og affaldsprodukter fra fødevareindustrien; tilberedt dyrefoder
23.01
Et skift fra enhver anden position.
23.02
Et skift fra enhver anden position, forudsat at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 10, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2303.10
Et skift fra enhver anden position, forudsat at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 10, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
2303.20 -2303.30
Et skift fra enhver anden position.
23.04 -23.08
Et skift fra enhver anden position.
23.09
Et skift fra enhver anden position, undtagen fra kapitel 2 eller 3, forudsat:
a)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 10 eller 11, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt,
b)
at nettovægten af sukker uden oprindelsesstatus, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt, og
c)
at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 4, der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
Kapitel 24
Tobak og fabrikerede tobakserstatninger
Bemærkning:
Landbrugs- og gartneriprodukter, som dyrkes på en parts territorium, behandles som produkter med oprindelse i pågældende parts territorium, også selv om de er dyrket på grundlag af frø, løg, rodstokke, opskæringer, stiklinger, podekviste eller andre levende dele af planter, som er importeret fra et tredjeland.
24.01
Produktion, ved hvilken alt anvendt materiale henhørende under position 24.01  er fuldt ud fremstillet.
2402.10
Et skift fra enhver anden position, forudsat at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 24, der anvendes i produktionen, ikke overstiger 30 procent af nettovægten af alt materiale henhørende under kapitel 24, der anvendes i produktionen af produktet.
2402.20
Et skift fra enhver anden position, undtagen fra underposition 2403.10 , forudsat at nettovægten af materiale henhørende under position 24.01 , der er fuldt ud fremstillet, er på mindst 10 vægtprocent af alt materiale henhørende under kapitel 24, der anvendes i produktionen af produktet.
2402.90
Et skift fra enhver anden position, forudsat at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 24, der anvendes i produktionen, ikke overstiger 30 procent af nettovægten af alt materiale henhørende under kapitel 24, der anvendes i produktionen af produktet.
24.03
Et skift fra enhver anden position, forudsat at nettovægten af materiale uden oprindelsesstatus henhørende under kapitel 24, der anvendes i produktionen, ikke overstiger 30 procent af nettovægten af alt materiale henhørende under kapitel 24, der anvendes i produktionen af produktet.
Afsnit V
Mineralske produkter
Kapitel 25
Salt; svovl; jord- og stenarter; gips; kalk og cement
25.01 -25.03
Et skift fra enhver anden position.
2504.10 -2504.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
25.05 -25.14
Et skift fra enhver anden position.
2515.11 -2516.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
25.17
Et skift fra enhver anden position.
2518.10 -2520.20
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
25.21 -25.23
Et skift fra enhver anden position.
2524.10 -2525.30
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
25.26 -25.29
Et skift fra enhver anden position.
2530.10 -2530.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
Kapitel 26
Malme, slagger og aske
26.01 -26.21
Et skift fra enhver anden position.
Kapitel 27
Mineralske brændselsstoffer, mineralolier og destillationsprodukter deraf; bituminøse stoffer; mineralsk voks
27.01 -27.09
Et skift inden for enhver af disse positioner eller enhver anden position.
27.10
Et skift inden for denne position eller enhver anden position, undtagen fra biodiesel henhørende under underposition 3824.90  eller position 38.26 .
27.11 -27.16
Et skift inden for enhver af disse positioner eller enhver anden position.
Afsnit VI
Produkter fra kemiske og nærstående industrier
Kapitel 28
Uorganiske kemikalier; uorganiske eller organiske forbindelser af ædle metaller, af sjældne jordarters metaller, af radioaktive grundstoffer og af isotoper
Bemærkning 1:
Et produkt henhørende under dette kapitel er et produkt med oprindelsesstatus, hvis det er et resultat af:
a)
et relevant skift i tarifering, der er nærmere angivet i oprindelsesreglerne i dette kapitel;
b)
en kemisk reaktion som beskrevet i bemærkning 2 nedenfor; eller
c)
rensning som beskrevet i bemærkning 3 nedenfor.
Bemærkning 2: Kemisk reaktion og ændring af CAS-nummer (Chemical Abstracts Service)
Et produkt henhørende under dette kapitel behandles som et produkt med oprindelsesstatus, hvis det er et resultat af en kemisk reaktion, og hvis den kemiske reaktion medfører en ændring af CAS-nummer (Chemical Abstracts Service).
Med henblik på dette kapitel forstås ved »kemisk reaktion« en proces (herunder en biokemisk proces), som resulterer i et molekyle med en ny struktur ved brydning af intramolekylære bindinger og ved dannelse af nye intramolekylære bindinger eller ved ændring af atomers placering i et molekyle.
Følgende anses ikke for at være kemiske reaktioner med henblik på bestemmelse af, om et produkt har oprindelsesstatus:
a)
opløsning i vand eller i et andet opløsningsmiddel;
b)
fjernelse af opløsningsmidler, herunder opløsningsmidlet vand; eller
c)
tilsætning eller fjernelse af krystalvand.
Bemærkning 3: Rensning
Et produkt henhørende under dette kapitel, som underkastes rensning, behandles som et produkt med oprindelsesstatus, forudsat at rensningen foregår på den ene eller begge parters territorium og resulterer i fjernelse af mindst 80 procent af urenhederne.
Bemærkning 4: Forbud mod separering
Et produkt, der opfylder det relevante skift i tarifering på den ene eller begge parters territorium som følge af separering af et eller flere materialer fra en menneskeskabt blanding, behandles ikke som et produkt med oprindelsesstatus, medmindre det isolerede materiale har undergået en kemisk reaktion på den ene eller begge parters territorium.
2801.10 -2853.00
Et skift fra enhver anden underposition; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra enhver anden underposition, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 29
Organiske kemikalier
Bemærkning 1:
Et produkt henhørende under dette kapitel er et produkt med oprindelsesstatus, hvis det er et resultat af:
a)
et relevant skift i tarifering, der er nærmere angivet i oprindelsesreglerne i dette kapitel;
b)
en kemisk reaktion som beskrevet i Bemærkning 2 nedenfor; eller
c)
rensning som beskrevet i Bemærkning 3 nedenfor.
Bemærkning 2: Kemisk reaktion og ændring af CAS-nummer (Chemical Abstracts Service)
Et produkt henhørende under dette kapitel behandles som et produkt med oprindelsesstatus, hvis det er et resultat af en kemisk reaktion, og hvis den kemiske reaktion medfører en ændring af CAS-nummer (Chemical Abstracts Service).
Med henblik på dette kapitel forstås ved »kemisk reaktion« en proces (herunder en biokemisk proces), som resulterer i et molekyle med en ny struktur ved brydning af intramolekylære bindinger og ved dannelse af nye intramolekylære bindinger eller ved ændring af atomers placering i et molekyle.
Følgende anses ikke for at være kemiske reaktioner med henblik på bestemmelse af, om et produkt har oprindelsesstatus:
a)
opløsning i vand eller i et andet opløsningsmiddel;
b)
fjernelse af opløsningsmidler, herunder opløsningsmidlet vand; eller
c)
tilsætning eller fjernelse af krystalvand.
Bemærkning 3: Rensning
Et produkt henhørende under dette kapitel, som underkastes rensning, behandles som et produkt med oprindelsesstatus, forudsat at rensningen foregår på den ene eller begge parters territorium og resulterer i fjernelse af mindst 80 procent af urenhederne.
Bemærkning 4: Forbud mod separering
Et produkt, der opfylder det relevante skift i tarifering på den ene eller begge parters territorium som følge af separering af et eller flere materialer fra en menneskeskabt blanding, behandles ikke som et produkt med oprindelsesstatus, medmindre det isolerede materiale har undergået en kemisk reaktion på den ene eller begge parters territorium.
2901.10 -2942.00
Et skift fra enhver anden underposition; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra enhver anden underposition, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 30
Farmaceutiske produkter
3001.20 -3005.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
3006.10 -3006.60
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
3006.70 -3006.92
Et skift fra enhver anden underposition.
Kapitel 31
Gødningsstoffer
31.01
Et skift inden for denne position eller enhver anden position.
31.02
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3103.10 -3104.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
31.05
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 32
Garve- og farvestofekstrakter; garvesyrer og derivater deraf; farver, pigmenter og andre farvestoffer; maling og lakker; kit, spartelmasse og lign.; trykfarver, blæk og tusch
3201.10 -3210.00
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
32.11 -32.12
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3213.10
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
3213.90
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
32.14 -32.15
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 33
Flygtige vegetabilske olier og resinoider; parfumevarer, kosmetik og toiletmidler
3301.12 -3301.90
Et skift fra enhver anden underposition; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra enhver anden underposition, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3302.10
Et skift fra enhver anden position, forudsat at vægten af materiale uden oprindelsesstatus henhørende under position 17.01  eller 17.02  ikke overstiger 20 procent af produktets nettovægt.
3302.90
Et skift fra enhver anden position.
33.03
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
33.04 -33.07
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 34
Sæbe, organiske overfladeaktive stoffer samt vaske- og rengøringsmidler, smøremidler, syntetisk voks og tilberedt voks, pudse- og skuremidler, lys og lignende produkter, modellermasse, dentalvoks og andre dentalpræparater på basis af gips
3401.11 -3401.20
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3401.30
Et skift fra enhver anden position, undtagen fra underposition 3402.90 ; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, bortset fra underposition 3402.90 , forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3402.11 -3402.19
Et skift fra enhver anden underposition; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra enhver anden underposition, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3402.20
Et skift fra enhver anden underposition, undtagen fra underposition 3402.90 .
3402.90
Et skift fra enhver anden underposition; eller
Et skift inden for denne underposition, uanset om der også er et skift fra enhver anden underposition, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne underposition ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3403.11 -3405.90
Et skift fra enhver anden underposition.
34.06
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
34.07
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat:
a)
at mindst én af komponenterne i sættet har oprindelsesstatus; og
b)
at værdien af komponenter uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af sættets transaktionsværdi eller pris ab fabrik.
Kapitel 35
Proteiner; modificeret stivelse; lim og klister; enzymer
35.01 -35.02
Et skift fra enhver anden position, undtagen fra kapitel 2-4; eller
Et skift fra kapitel 2-4, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under kapitel 2-4 ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
35.03
Et skift fra enhver anden position, undtagen fra kapitel 2, bortset fra svineskind, eller kapitel 3, bortset fra fiskeskind; eller
Et skift fra kapitel 2, bortset fra svineskind, eller kapitel 3, bortset fra fiskeskind, uanset om der er også et skift fra enhver anden position, svineskind henhørende under kapitel 2 eller fiskeskind henhørende under kapitel 3, forudsat at værdien af materialer uden oprindelsesstatus henhørende under kapitel 2, bortset fra svineskind, eller kapitel 3, bortset fra fiskeskind, ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
35.04
Et skift til mælkeproteinstoffer fra enhver anden position, undtagen fra kapitel 4 eller fra tilberedte varer af mejeriprodukter henhørende under underposition 1901.90  med et indhold af mælketørstof på over 10 vægtprocent;
Et skift til ethvert andet produkt henhørende under position 35.04  fra enhver anden position, undtagen fra materiale uden oprindelsesstatus henhørende under kapitel 2-4 eller position 11.08 ; eller
Et skift til ethvert andet produkt henhørende under position 35.04  fra kapitel 2-4 eller position 11.08 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under kapitel 2-4 eller position 11.08  ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
35.05
Et skift fra enhver anden position, undtagen fra position 11.08 ; eller
Et skift fra position 11.08 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 11.08  ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
35.06 -35.07
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 36
Krudt og andre eksplosive stoffer; pyrotekniske artikler; tændstikker; pyrofore legeringer; visse brændbare materialer
36.01 -36.06
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 37
Fotografiske og kinematografiske artikler
37.01
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
37.02
Et skift fra enhver anden position, undtagen fra position 37.01 .
37.03 -37.06
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3707.10 -3707.90
Et skift fra enhver anden underposition.
Kapitel 38
Diverse kemiske produkter
38.01 -38.02
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
38.03
Et skift inden for denne position eller enhver anden position.
38.04
Et skift fra enhver anden position.
3805.10
Et skift til renset sulfatterpentin fra enhver anden underposition eller fra rå sulfatterpentin som et resultat af rensning ved destillation; eller
Et skift til ethvert andet produkt henhørende under underposition 3805.10  fra enhver anden underposition.
3805.90
Et skift fra enhver anden underposition.
3806.10 -3806.90
Et skift fra enhver anden underposition.
38.07
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
3808.50 -3808.99
Et skift fra enhver anden underposition.
3809.10
Et skift fra enhver anden position, undtagen fra position 10.06  eller 11.01 -11.08 ; eller
Et skift fra position 10.06  eller 11.01 -11.08 , uanset om der også er et skift fra enhver anden position, forudsat at vægten af materialer uden oprindelsesstatus henhørende under position 10.06  eller 11.01 -11.08 , der anvendes i produktionen, ikke overstiger 20 procent af produktets nettovægt.
3809.91 -3809.93
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
38.10
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3811.11 -3811.90
Et skift fra enhver anden underposition.
38.12
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
38.13 -38.14
Et skift fra enhver anden position.
3815.11 -3815.90
Et skift fra enhver anden underposition.
38.16 -38.19
Et skift fra enhver anden position.
38.20
Et skift fra enhver anden position, undtagen fra underposition 2905.31  eller 2905.49 ; eller
Et skift fra underposition 2905.31  eller 2905.49 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 2905.31  eller 2905.49  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
38.21 -38.22
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3823.11 -3823.70
Et skift fra enhver anden underposition.
3824.10 -3824.50
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 20 procent af produktets transaktionsværdi eller pris ab fabrik.
3824.60
Et skift fra enhver anden underposition, undtagen fra position 11.01 -11.08 , 17.01 , 17.02 eller underposition 2905.44 ; eller
Et skift fra position 11.01 -11.08 , 17.01 , 17.02  eller underposition 2905.44 , uanset om der også er et skift fra enhver anden underposition, forudsat at vægten af materiale uden oprindelsesstatus henhørende under position 11.01 -11.08 , 17.01 , 17.02  eller underposition 2905.44  ikke overstiger 20 procent af produktets nettovægt.
3824.71 -3824.83
Et skift fra enhver anden position.
3824.90
Et skift til biodiesel fra enhver anden position, forudsat at biodieselen er transesterificeret på en parts territorium;
Et skift til produkter, der indeholder ethanol, fra enhver anden position, undtagen fra ethanol henhørende under position 22.07  eller underposition 2208.90 ; eller
Et skift til ethvert andet produkt henhørende under underposition 3824.90  fra enhver anden position.
38.25
Et skift fra enhver anden position.
38.26
Et skift fra enhver anden position, forudsat at biodieselen er transesterificeret på en parts territorium.
Afsnit VII
Plast og varer deraf; gummi og varer deraf
Kapitel 39
Plast og varer deraf
39.01 -39.15
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at nettovægten af materiale uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets nettovægt.
39.16 -39.26
Et skift fra enhver anden position.
Kapitel 40
Gummi og varer deraf
40.01 -40.11
Et skift fra enhver anden position.
4012.11 -4012.19
Et skift fra enhver anden underposition.
4012.20 -4012.90
Et skift fra enhver anden position.
40.13 -40.16
Et skift fra enhver anden position.
40.17
Et skift inden for denne position eller enhver anden position.
Afsnit VIII
Rå huder, skind, læder, pelsskind og varer deraf; sadelmagerarbejder; rejseartikler, håndtasker og lignende varer; varer af tarme
Kapitel 41
Rå huder og skind (undtagen pelsskind) samt læder
41.01 -41.03
Et skift fra enhver anden position.
4104.11 -4104.19
Et skift fra enhver anden position.
4104.41 -4104.49
Et skift fra enhver anden underposition.
4105.10
Et skift fra enhver anden position.
4105.30
Et skift fra enhver anden underposition.
4106.21
Et skift fra enhver anden position.
4106.22
Et skift fra enhver anden underposition.
4106.31
Et skift fra enhver anden position.
4106.32
Et skift fra enhver anden underposition.
4106.40
Et skift inden for denne underposition eller enhver anden underposition.
4106.91
Et skift fra enhver anden position.
4106.92
Et skift fra enhver anden underposition.
41.07 -41.13
Et skift fra enhver anden position, undtagen fra underposition 4104.41 , 4104.49 , 4105.30 , 4106.22 , 4106.32  eller 4106.92 ; eller
Et skift fra underposition 4104.41 , 4104.49 , 4105.30 , 4106.22 , 4106.32  eller 4106.92 , uanset om der også er et skift fra enhver anden position, forudsat at materialer henhørende under underposition 4104.41 , 4104.49 , 4105.30 , 4106.22 , 4106.32  eller 4106.92  undergår en eftergarvning på en parts territorium.
41.14 -41.15
Et skift fra enhver anden position.
Kapitel 42
Varer af læder; sadelmagerarbejder; rejseartikler, håndtasker og lignende varer; varer af tarme
42.01 -42.06
Et skift fra enhver anden position.
Kapitel 43
Pelsskind og kunstigt pelsskind samt varer deraf
43.01
Et skift fra enhver anden position.
4302.11 -4302.30
Et skift fra enhver anden underposition.
43.03 -43.04
Et skift fra enhver anden position.
Afsnit IX
Træ og varer deraf; trækul; kork og varer deraf; kurvemagerarbejder og andre varer af flettematerialer
Kapitel 44
Træ og varer deraf; trækul
44.01 -44.21
Et skift fra enhver anden position.
Kapitel 45
Kork og varer deraf
45.01 -45.04
Et skift fra enhver anden position.
Kapitel 46
Kurvemagerarbejder og andre varer af flettematerialer
46.01 -46.02
Et skift fra enhver anden position.
Afsnit X
Papirmasse af træ eller andre celluloseholdige materialer; genbrugspapir og -pap (affald); papir og pap samt varer deraf
Kapitel 47
Papirmasse af træ eller andre celluloseholdige materialer; genbrugspapir og -pap (affald)
47.01 -47.07
Et skift fra enhver anden position.
Kapitel 48
Papir og pap; varer af papirmasse, papir og pap
48.01 -48.09
Et skift fra enhver anden position.
4810.13 -4811.90
Et skift fra enhver anden underposition.
48.12 -48.23
Et skift fra enhver anden position.
Kapitel 49
Bøger, aviser, billeder og andre tryksager; håndskrevne eller maskinskrevne arbejder samt tegninger
49.01 -49.11
Et skift fra enhver anden position.
Afsnit XI
Tekstilvarer
Kapitel 50
Natursilke
50.01 -50.02
Et skift fra enhver anden position.
50.03
Et skift inden for denne position eller enhver anden position.
50.04 -50.06
Spinding af naturlige fibre eller ekstrudering af kemofibre, ledsaget af spinding eller snoning.
50.07
Spinding af naturlige fibre eller korte kemofibre, ekstrudering af endeløse kemofibre eller snoning, i hvert enkelt tilfælde ledsaget af vævning;
Vævning ledsaget af farvning;
Garnfarvning ledsaget af vævning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 51
Uld samt fine eller grove dyrehår; garn og vævet stof af hestehår
51.01 -51.05
Et skift fra enhver anden position.
51.06 -51.10
Spinding af naturlige fibre eller ekstrudering af kemofibre ledsaget af spinding.
51.11 -51.13
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning;
Vævning ledsaget af farvning;
Garnfarvning ledsaget af vævning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 52
Bomuld
52.01 -52.03
Et skift fra enhver anden position.
52.04 -52.07
Spinding af naturlige fibre eller ekstrudering af kemofibre ledsaget af spinding.
52.08 -52.12
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning;
Vævning ledsaget af farvning eller overtrækning;
Garnfarvning ledsaget af vævning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 53
Andre vegetabilske tekstilfibre; papirgarn og vævet stof af papirgarn
53.01 -53.05
Et skift fra enhver anden position.
53.06 -53.08
Spinding af naturlige fibre eller ekstrudering af kemofibre ledsaget af spinding.
53.09 -53.11
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning;
Vævning ledsaget af farvning eller overtrækning;
Garnfarvning ledsaget af vævning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 54
Endeløse kemofibre
54.01 -54.06
Ekstrudering af kemofibre i givet fald ledsaget af spinding eller spinding af naturlige fibre.
54.07 -54.08
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning;
Vævning ledsaget af farvning eller overtrækning;
Snoning eller teksturering ledsaget af vævning, forudsat at værdien af anvendt ikke-snoet eller ikke-tekstureret garn ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 55
Korte kemofibre
55.01 -55.07
Ekstrudering af kemofibre.
55.08 -55.11
Spinding af naturlige fibre eller ekstrudering af kemofibre ledsaget af spinding.
55.12 -55.16
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning;
Vævning ledsaget af farvning eller overtrækning;
Garnfarvning ledsaget af vævning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 56
Vat, filt og fiberdug; særligt garn; sejlgarn, reb og tovværk samt varer deraf
56.01
Et skift fra ethvert andet kapitel.
5602.10
Ekstrudering af kemofibre ledsaget af fremstilling af stof, der kan dog anvendes endeløse fibre af polypropylen henhørende under position 54.02 , endeløse fibre af polypropylen henhørende under position 55.03  eller 55.06  eller bånd (tow) af endeløse fibre af polypropylen henhørende under position 55.01 , forudsat at de enkelte fibres finhed er mindre end 9 decitex, såfremt deres samlede værdi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik; eller
Fremstilling af stof alene i tilfælde af filt, der er fremstillet på basis af naturlige fibre.
5602.21 -5602.90
Ekstrudering af kemofibre ledsaget af fremstilling af stof; eller
Fremstilling af stof alene i tilfælde af anden filt, der er fremstillet på basis af naturlige fibre.
56.03
Ekstrudering af kemofibre eller anvendelse af naturlige fibre, ledsaget af ikke-vævningsteknikker, herunder gennemstikning.
5604.10
Et skift fra enhver anden position.
5604.90
–
Tråde og snore af gummi, overtrukket med tekstil
Produktion på basis af tråde og snore af gummi, uden tekstilovertræk.
–
I andre tilfælde
Spinding af naturlige fibre eller ekstrudering af kemofibre ledsaget af spinding.
56.05
Et skift fra enhver anden position, undtagen fra garn henhørende under position 50.04 -50.06 , 51.06 -51.10 , 52.04 -52.07 , 53.06 -53.08 , 54.01 -54.06  eller 55.09 -55.11 ;
Ekstrudering af kemofibre ledsaget af spinding, eller spinding af naturlige fibre eller korte kemofibre.
56.06
Et skift fra enhver anden position, undtagen fra garn henhørende under position 50.04 -50.06 , 51.06 -51.10 , 52.04 -52.07 , 53.06 -53.08 , 54.01 -54.06  eller 55.09 -55.11 ;
Ekstrudering af kemofibre ledsaget af spinding, eller spinding af naturlige fibre eller korte kemofibre;
Spinding ledsaget af flocking; eller
Flocking ledsaget af farvning.
56.07
Et skift fra enhver anden position, undtagen fra garn henhørende under position 50.04 -50.06 , 51.06 -51.10 , 52.04 -52.07 , 53.06 -53.08 , 54.01 -54.06  eller 55.09 -55.11 ;
Ekstrudering af kemofibre ledsaget af spinding eller spinding af naturlige fibre; eller
Flocking ledsaget af farvning eller trykning.
56.08
Ekstrudering af kemofibre ledsaget af spinding eller spinding af naturlige fibre; eller
Flocking ledsaget af farvning eller trykning.
56.09
Et skift fra enhver anden position, undtagen fra garn henhørende under position 50.04 -50.06 , 51.06 -51.10 , 52.04 -52.07 , 54.01 -54.06  eller 55.09 -55.11 ;
Ekstrudering af kemofibre ledsaget af spinding eller spinding af naturlige fibre; eller
Flocking ledsaget af farvning eller trykning.
Kapitel 57
Gulvtæpper og anden gulvbelægning af tekstilmaterialer
Bemærkning:
For produkter henhørende under dette kapitel kan der anvendes vævet stof af jute som bundstof.
57.01 -57.05
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning;
Produktion på basis af kokosgarn, sisalgarn eller jutegarn;
Flocking, ledsaget af farvning eller trykning;
Tuftning, ledsaget af farvning eller af trykning; eller
Ekstrudering af kemofibre ledsaget af ikke-vævningsteknikker, herunder gennemstikning, der kan dog anvendes endeløse fibre af polypropylen henhørende under position 54.02 , endeløse fibre af polypropylen henhørende under position 55.03  eller 55.06  eller bånd (tow) af endeløse fibre af polypropylen henhørende under position 55.01 , forudsat at de enkelte fibres finhed er mindre end 9 decitex, såfremt deres samlede værdi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 58
Særlige vævede stoffer; tuftede tekstilstoffer; blonder og kniplinger; tapisserier; possementartikler; broderier
Bemærkning:
For produkter henhørende under position 58.11 skal de materialer, der anvendes til at producere vat, ekstruderes på den ene parts eller begge parters territorium.
58.01 -58.04
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning;
Vævning ledsaget af farvning, flocking eller overtrækning;
Flocking, ledsaget af farvning eller trykning;
Garnfarvning ledsaget af vævning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
58.05
Et skift fra enhver anden position.
58.06 -58.09
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning eller fremstilling af stof;
Vævning eller fremstilling af stof, ledsaget af farvning, flocking eller overtrækning;
Flocking, ledsaget af farvning eller trykning;
Garnfarvning, ledsaget af vævning eller fremstilling af stof; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
58.10
Produktion, ved hvilken værdien af alle anvendte materialer ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
58.11
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning, strikning eller en ikke-vævningsproces;
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning, flocking eller overtrækning;
Flocking, ledsaget af farvning eller trykning;
Garnfarvning, ledsaget af vævning, strikning eller en ikke-vævningsproces; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 59
Imprægneret, overtrukket, belagt eller lamineret tekstilstof; tekniske varer af tekstil
59.01
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning, flocking eller overtrækning; eller
Flocking, ledsaget af farvning eller trykning.
59.02
–
Med indhold af tekstilmaterialer på højst 90 vægtprocent
Vævning, strikning eller en ikke-vævningsproces.
–
I andre tilfælde
Ekstrudering af kemofibre ledsaget af vævning, strikning eller en ikke-vævningsproces.
59.03
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning eller overtrækning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
59.04
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning eller overtrækning.
59.05
–
Imprægneret, overtrukket, belagt eller lamineret med gummi, plast eller andre materialer
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning eller overtrækning.
–
I andre tilfælde
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af vævning, strikning eller en ikke-vævningsproces;
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning eller overtrækning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
59.06
–
Trikotagestof
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af strikning;
Strikning ledsaget af farvning eller overtrækning; eller
Farvning af garn af naturlige fibre ledsaget af strikning.
–
Andet stof fremstillet af endeløse syntetiske fibre, med indhold af tekstilmaterialer på over 90 vægtprocent
Ekstrudering af kemofibre ledsaget af vævning, strikning eller en ikke-vævningsproces.
–
I andre tilfælde
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning eller overtrækning; eller
Farvning af garn af naturlige fibre ledsaget af vævning, strikning eller formgivning.
59.07
Et skift fra ethvert andet kapitel, undtagen fra stof henhørende under position 50.07 , 51.11 -51.13 , 52.08 -52.12 , 53.10 , 53.11 , 54.07 , 54.08 , 55.12 -55.16 , 56.02 , 56.03 , kapitel 57, position 58.03 , 58.06 , 58.08 eller 60.02 -60.06 ;
Vævning, ledsaget af farvning, flocking eller overtrækning;
Flocking, ledsaget af farvning eller trykning; eller
Trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
59.08
–
Glødenet og glødestrømper, imprægnerede
Produktion på basis af rørformede emner.
–
I andre tilfælde
Et skift fra enhver anden position.
59.09 -59.11
–
Polerskiver og -ringe af andre materialer end filt henhørende under position 59.11
Vævning, strikning eller en ikke-vævningsproces.
–
Vævet stof, af den art der sædvanligvis anvendes i papirmaskiner eller til anden teknisk brug, også filtet, også imprægneret eller overtrukket, rørformet eller endeløst, enkelt- eller flerkædet eller -skuddet, eller fladvævet, flerkædet eller -skuddet henhørende under position 59.11
Spinding af naturlige fibre eller korte kemofibre, i hvert enkelt tilfælde ledsaget af vævning eller strikning; eller
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning eller overtrækning, forudsat at der kun anvendes et eller flere af følgende materialer:
—
kokosgarn,
—
garn af polytetrafluorethylen,
—
garn af polyamid, tvundet og overtrukket, imprægneret eller belagt med fenolharpiks,
—
garn af syntetiske tekstilfibre af aromatiske polyamider, fremstillet ved polykondensation af m-fenylendiamin og isoftalsyre,
—
monofilament af polytetrafluorethylen,
—
garn af syntetiske tekstilfibre af poly(p-fenylenterephthalamid),
—
garn af glasfibre, overtrukket med fenolharpiks og overspundet med akrylgarn,
—
monofilamenter af copolyester bestående af en polyester, en tereftalsyreharpiks, 1,4-cyklohexandiethanol og isoftalsyre.
–
I andre tilfælde
Ekstrudering af endeløse kemofibre eller spinding af naturlige fibre eller korte kemofibre, i hvert enkelt tilfælde ledsaget af vævning, strikning eller en ikke-vævningsproces; eller
Vævning, strikning eller en ikke-vævningsproces, i hvert enkelt tilfælde ledsaget af farvning eller overtrækning.
Kapitel 60
Trikotagestof
60.01 -60.06
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af strikning;
Strikning, ledsaget af farvning, flocking eller overtrækning;
Flocking, ledsaget af farvning eller trykning;
Farvning af garn af naturlige fibre ledsaget af strikning; eller
Snoning eller teksturering, ledsaget af strikning, forudsat at værdien af anvendt ikke-snoet/ikke-tekstureret garn ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 61
Beklædningsgenstande og tilbehør til beklædningsgenstande, af trikotage
61.01 -61.17
–
Fremstillet ved sammensyning eller anden samling af to eller flere stykker af trikotagestof, der enten er skåret i form eller formtilvirket
Fremstilling af trikotage og konfektionering (herunder tilskæring).
–
I andre tilfælde (produkter af trikotage fremstillet i form)
Spinding af naturlige fibre eller korte kemofibre eller ekstrudering af endeløse kemofibre, i hvert enkelt tilfælde ledsaget af fremstilling af trikotage; eller
Farvning af garn af naturlige fibre ledsaget af fremstilling af trikotage.
Kapitel 62
Beklædningsgenstande og tilbehør til beklædningsgenstande, undtagen varer af trikotage
62.01
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.02
–
Beklædningsgenstande til kvinder eller piger, broderet
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.03
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.04
–
Beklædningsgenstande til kvinder eller piger, broderet
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.05
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.06
–
Beklædningsgenstande til kvinder eller piger, broderet
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.07 -62.08
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.09
–
Beklædningsgenstande til kvinder eller piger, broderet
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.10
–
Brandsikkert udstyr af vævet stof overtrukket med et lag aluminiumbehandlet polyester
Produktion på basis af garn; eller
Produktion på basis af ikke-overtrukket stof, forudsat at værdien af det anvendte ikke-ovetrukne stof ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning eller anden proces til fremstilling af stof, ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.11
–
Beklædningsgenstande til kvinder eller piger, broderet
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.12
Strikning eller vævning, ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.13 -62.14
–
Broderivarer
Vævning ledsaget af konfektionering (herunder tilskæring);
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik; eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.15
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.16
–
Brandsikkert udstyr af vævet stof overtrukket med et lag aluminiumbehandlet polyester
Produktion på basis af garn; eller
Produktion på basis af ikke-overtrukket stof, forudsat at værdien af det anvendte ikke-ovetrukne stof ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af det anvendte utrykte stof ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
62.17
–
Broderivarer
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
Brandsikkert udstyr af vævet stof overtrukket med et lag aluminiumbehandlet polyester
–
Indlæg til kraver og manchetter, tilskårne
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Overtrækning, forudsat at værdien af det anvendte ikke-overtrukne stof ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik, ledsaget af konfektionering (herunder tilskæring).
Produktion på basis af materialer henhørende under enhver position, undtagen samme position som produktet, ved hvilken værdien af alle anvendte materialer uden oprindelsesstatus ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring).
Kapitel 63
Andre konfektionerede tekstilvarer; håndarbejdssæt; brugte beklædningsgenstande og brugte tekstilvarer; klude
63.01 -63.04
–
Af filt, af fiberdug
Ekstrudering af kemofibre eller anvendelse af naturlige fibre, i hvert enkelt tilfælde ledsaget af en ikke-vævningsproces, herunder gennemstikning og konfektionering (herunder tilskæring).
–
I andre tilfælde, broderet
Vævning eller strikning, ledsaget af konfektionering (herunder tilskæring); eller
Produktion på basis af stof uden broderi, forudsat at værdien af det anvendte stof uden broderi ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
–
I andre tilfælde, ikke broderet
Vævning eller strikning, ledsaget af konfektionering (herunder tilskæring).
63.05
Ekstrudering af kemofibre eller spinding af naturlige fibre eller korte kemofibre, i hvert enkelt tilfælde ledsaget af vævning eller strikning og konfektionering (herunder tilskæring); eller
Ekstrudering af kemofibre eller anvendelse af naturlige fibre, i hvert enkelt tilfælde ledsaget af ikke-vævningsteknikker, herunder gennemstikning og konfektionering (herunder tilskæring).
63.06
–
Af fiberdug
Ekstrudering af kemofibre eller anvendelse af naturlige fibre, i hvert tilfælde ledsaget af enhver form for ikke-vævningsteknikker, herunder gennemstikning.
–
I andre tilfælde
Vævning ledsaget af konfektionering (herunder tilskæring); eller
Overtrækning, forudsat at værdien af det anvendte ikke-overtrukne stof ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik, ledsaget af konfektionering (herunder tilskæring).
63.07
Produktion, ved hvilken værdien af anvendt materiale uden oprindelsesstatus ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
63.08
Et skift fra ethvert andet kapitel, forudsat at enten stoffet eller garnet opfylder den oprindelsesregel, der ville finde anvendelse, hvis stoffet eller garnet blev tariferet hver for sig.
63.09
Et skift fra enhver anden position.
63.10
Et skift fra enhver anden position.
Afsnit XII
Fodtøj, hovedbeklædning. paraplyer, parasoller, spadserestokke, siddestokke, piske, ridepiske samt dele dertil; bearbejdede fjer og dun samt varer af fjer og dun; kunstige blomster; varer af menneskehår
Kapitel 64
Fodtøj, gamacher og lign.; dele dertil
64.01 -64.05
Et skift fra enhver anden position, undtagen fra samlede dele, bestående af overdel fastgjort til bindsål eller anden underdel, henhørende under position 64.06.
64.06
Et skift fra enhver anden position.
Kapitel 65
Hovedbeklædning og dele dertil
65.01 -65.07
Et skift fra enhver anden position.
Kapitel 66
Paraplyer, parasoller, spadserestokke, siddestokke, piske, ridepiske samt dele dertil
66.01 -66.03
Et skift fra enhver anden position.
Kapitel 67
Bearbejdede fjer og dun samt varer af fjer og dun; kunstige blomster; varer af menneskehår
67.01
Et skift til varer af fjer og dun inden for denne position eller enhver anden position; eller
Et skift til ethvert andet produkt henhørende under position 67.01  fra enhver anden position.
67.02 -67.04
Et skift fra enhver anden position.
Afsnit XIII
Varer af sten, gips, cement, asbest, glimmer og lignende materialer; keramiske produkter; glas og glasvarer
Kapitel 68
Varer af sten, gips, cement, asbest, glimmer og lignende materialer
68.01 -68.02
Et skift fra enhver anden position.
68.03
Et skift inden for denne position eller enhver anden position.
68.04 -68.11
Et skift fra enhver anden position.
6812.80 -6812.99
Et skift fra enhver anden underposition.
68.13
Et skift fra enhver anden position.
6814.10 -6814.90
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
68.15
Et skift fra enhver anden position.
Kapitel 69
Keramiske produkter
69.01 -69.14
Et skift fra enhver anden position.
Kapitel 70
Glas og glasvarer
70.01 -70.05
Et skift fra enhver anden position.
70.06
Et skift inden for denne position eller enhver anden position.
70.07 -70.08
Et skift fra enhver anden position.
7009.10
Et skift fra enhver anden underposition.
7009.91 -7009.92
Et skift fra enhver anden position.
70.10
Et skift fra enhver anden position; eller
Et skift til slebet glas fra uslebet glas henhørende under position 70.10 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af uslebet glas uden oprindelsesstatus ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
70.11
Et skift fra enhver anden position.
70.13
Et skift fra enhver anden position; eller
Et skift til slebet glas fra uslebet glas henhørende under position 70.13 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af uslebet glas uden oprindelsesstatus ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
70.14 -70.18
Et skift fra enhver anden position.
7019.11 -7019.40
Et skift fra enhver anden position.
7019.51
Et skift fra enhver anden underposition, undtagen fra underposition 7019.52 -7019.59 .
7019.52 -7019.90
Et skift fra enhver anden underposition.
70.20
Et skift fra enhver anden position.
Afsnit XIV
Naturperler, kulturperler, ædel- og halvædelsten, ædle metaller, ædelmetaldublé samt varer af disse materialer; bijouterivarer; mønter
Kapitel 71
Naturperler, kulturperler, ædel- og halvædelsten, ædle metaller, ædelmetaldublé samt varer af disse materialer; bijouterivarer; mønter
71.01
Et skift fra enhver anden position.
7102.10
Et skift fra enhver anden position.
7102.21 -7102.39
Et skift fra enhver anden underposition, undtagen fra underposition 7102.10 .
7103.10 -7104.90
Et skift fra enhver anden underposition.
71.05
Et skift fra enhver anden position.
7106.10 -7106.92
Et skift fra enhver anden underposition; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra en anden underposition, forudsat at materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt undergår elektrolytisk, termisk eller kemisk adskillelse eller legering.
71.07
Et skift inden for denne position eller enhver anden position.
7108.11 -7108.20
Et skift fra enhver anden underposition; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra en anden underposition, forudsat at materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt undergår elektrolytisk, termisk eller kemisk adskillelse eller legering.
71.09
Et skift inden for denne position eller enhver anden position.
7110.11 -7110.49
Et skift fra enhver anden underposition; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra en anden underposition, forudsat at materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt undergår elektrolytisk, termisk eller kemisk adskillelse eller legering.
71.11
Et skift inden for denne position eller enhver anden position.
71.12 -71.15
Et skift fra enhver anden position.
71.16 -71.17
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
71.18
Et skift fra enhver anden position.
Afsnit XV
Uædle metaller og varer deraf
Kapitel 72
Jern og stål
72.01 -72.07
Et skift fra enhver anden position.
72.08 -72.17
Et skift fra enhver position uden for denne gruppe.
72.18
Et skift fra enhver anden position.
72.19 -72.23
Et skift fra enhver position uden for denne gruppe.
72.24
Et skift fra enhver anden position.
72.25 -72.29
Et skift fra enhver position uden for denne gruppe.
Kapitel 73
Varer af jern og stål
73.01 -73.03
Et skift fra enhver anden position.
7304.11 -7304.39
Et skift fra enhver anden position.
7304.41
Et skift fra enhver anden underposition.
7304.49 -7304.90
Et skift fra enhver anden position.
73.05 -73.06
Et skift fra enhver anden position.
7307.11 -7307.19
Et skift fra enhver anden position.
7307.21 -7307.29
Et skift fra enhver anden position, undtagen fra smedede emner henhørende under position 72.07 ; eller
Et skift fra smedede emner henhørende under position 72.07 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af smedede emner uden oprindelsesstatus henhørende under position 72.07  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
7307.91 -7307.99
Et skift fra enhver anden position.
73.08
Et skift fra enhver anden position, undtagen fra underposition 7301.20 ; eller
Et skift fra underposition 7301.20 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 7301.20  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
73.09 -73.14
Et skift fra enhver anden position.
73.15
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
73.16 -73.20
Et skift fra enhver anden position.
73.21
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
73.22 -73.23
Et skift fra enhver anden position.
73.24
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
73.25 -73.26
Et skift fra enhver anden position.
Kapitel 74
Kobber og varer deraf
74.01 -74.02
Et skift fra enhver anden position.
7403.11 -7403.29
Et skift fra enhver anden underposition.
74.04 -74.19
Et skift fra enhver anden position.
Kapitel 75
Nikkel og varer deraf
75.01 -75.08
Et skift fra enhver anden position.
Kapitel 76
Aluminium og varer deraf
7601.10 -7601.20
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
76.02 -76.06
Et skift fra enhver anden position.
76.07
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
76.08 -76.16
Et skift fra enhver anden position.
Kapitel 78
Bly og varer deraf
7801.10
Et skift fra enhver anden underposition.
7801.91 -7801.99
Et skift fra enhver anden position.
78.02 -78.06
Et skift fra enhver anden position.
Kapitel 79
Zink og varer deraf
79.01 -79.07
Et skift fra enhver anden position.
Kapitel 80
Tin og varer deraf
80.01 -80.07
Et skift fra enhver anden position.
Kapitel 81
Andre uædle metaller; sintrede keramiske metaller (cermets); varer af disse materialer
8101.10 -8113.00
Et skift fra enhver anden underposition.
Kapitel 82
Værktøj, redskaber, knive, skeer og gafler samt dele dertil, af uædle metaller
Bemærkning: Håndtag af uædle metaller, der anvendes i produktionen af et produkt henhørende under dette kapitel, lades ude af betragtning ved bestemmelse af det pågældende produkts oprindelse.
82.01 -82.04
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8205.10 -8205.70
Et skift fra enhver anden position; eller
Et skift inden for denne position, undtagen fra underposition 8205.90 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position, undtagen underposition 8205.90 , ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8205.90
Et skift fra enhver anden position;
Et skift til ambolte, feltesser, hånd- eller foddrevne slibesten inden for denne position, undtagen fra et sæt henhørende under underposition 8205.90 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position, bortset fra et sæt henhørende under underposition 8205.90 , ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik; eller
Et skift til et sæt fra ethvert andet produkt henhørende under denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af komponenter uden oprindelsesstatus henhørende under denne position ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
82.06
Et skift fra enhver anden position, undtagen fra position 82.02 -82.05 ; eller
Et skift fra position 82.02 -82.05 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af komponenter uden oprindelsesstatus henhørende under position 82.02 -82.05  ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
8207.13
Et skift fra enhver anden position, undtagen fra position 82.09 ; eller
Et skift fra underposition 8207.19  eller position 82.09 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 8207.19  eller position 82.09  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8207.19 -8207.90
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse underpositioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
82.08 -82.10
Et skift fra enhver anden position.
8211.10
Et skift fra enhver anden position; eller
Et skift fra underposition 8211.91 -8211.95 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af komponenter uden oprindelsesstatus henhørende under underposition 8211.91 -8211.93  ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
8211.91 -8211.93
Et skift fra enhver anden position; eller
Et skift fra underposition 8211.94  eller 8211.95 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 8211.94  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8211.94 -8211.95
Et skift fra enhver anden position.
82.12 -82.13
Et skift fra enhver anden position.
8214.10
Et skift fra enhver anden position.
8214.20
Et skift fra enhver anden position; eller
Et skift til et sæt henhørende under underposition 8214.20  inden for denne underposition, uanset om der også er et skift fra enhver anden position, forudsat at værdien af komponenter uden oprindelsesstatus henhørende under underposition 8214.20  ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
8214.90
Et skift fra enhver anden position.
8215.10 -8215.20
Et skift fra enhver anden position; eller
Et skift fra underposition 8215.91 -8215.99 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af komponenter uden oprindelsesstatus henhørende under underposition 8215.91 -8215.99  ikke overstiger 25 procent af produktets transaktionsværdi eller pris ab fabrik.
8215.91 -8215.99
Et skift fra enhver anden position.
Kapitel 83
Diverse varer af uædle metaller
8301.10 -8301.50
Et skift fra enhver anden position; eller
Et skift fra underposition 8301.60 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 8301.60  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8301.60 -8301.70
Et skift fra enhver anden position.
8302.10 -8302.30
Et skift fra enhver anden position.
8302.41
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8302.42 -8302.50
Et skift fra enhver anden position.
8302.60
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
83.03 -83.04
Et skift fra enhver anden position.
83.05
Et skift fra enhver anden position; eller
Et skift fra underposition 8305.90 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 8305.90  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
83.06
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
83.07
Et skift fra enhver anden position.
83.08
Et skift fra enhver anden position; eller
Et skift fra underposition 8308.90 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 8308.90  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
83.09 -83.10
Et skift fra enhver anden position.
83.11
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Afsnit XVI
Maskiner og apparater samt mekaniske redskaber; elektrisk materiel; dele dertil; lydoptagere og lydgengivere samt billed- og lydoptagere og billed- og lydgengivere til fjernsyn; dele og tilbehør dertil
Kapitel 84
Atomreaktorer, kedler, maskiner og apparater samt mekaniske redskaber; dele dertil
84.01 -84.12
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8413.11 -8413.82
Et skift fra enhver anden underposition.
8413.91 -8413.92
Et skift fra enhver anden position.
84.14 -84.15
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8416.10 -8417.90
Et skift fra enhver anden underposition.
84.18 -84.22
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8423.10 -8426.99
Et skift fra enhver anden underposition.
84.27
Et skift fra enhver anden position, undtagen fra position 84.31 ; eller
Et skift fra position 84.31 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 84.31  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8428.10 -8430.69
Et skift fra enhver anden underposition.
84.31
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8432.10 -8442.50
Et skift fra enhver anden underposition.
84.43
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8444.00 -8449.00
Et skift fra enhver anden underposition.
84.50 -84.52
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8453.10 -8454.90
Et skift fra enhver anden underposition.
84.55
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
84.56 -84.65
Et skift fra enhver anden position, undtagen fra position 84.66 ; eller
Et skift inden for enhver af disse positioner eller position 84.66 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt eller position 84.66  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
84.66
Et skift fra enhver anden position.
84.67 -84.68
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8469.00 -8472.90
Et skift fra enhver anden underposition.
84.73
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8474.10 -8479.90
Et skift fra enhver anden underposition.
84.80 -84.83
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8484.10 -8484.20
Et skift fra enhver anden underposition.
8484.90
Et skift fra enhver anden underposition, forudsat at værdien af komponenter uden oprindelsesstatus ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
84.86
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8487.10 -8487.90
Et skift fra enhver anden underposition.
Kapitel 85
Elektriske maskiner og apparater, elektrisk materiel samt dele dertil; lydoptagere og lydgengivere samt billed- og lydoptagere og billed- og lydgengivere til fjernsyn samt dele og tilbehør dertil
85.01 -85.02
Et skift fra enhver anden position, undtagen fra position 85.03 ; eller
Et skift inden for enhver af disse positioner eller position 85.03 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt eller position 85.03  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
85.03 -85.16
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8517.11 -8517.62
Et skift fra enhver anden underposition.
8517.69 -8517.70
Et skift fra enhver anden position; eller
Et skift inden for position 85.17 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 85.17  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
85.18
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
85.19 -85.21
Et skift fra enhver anden position, undtagen position 85.22 ; eller
Et skift fra position 85.22 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 85.22  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
85.22
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
85.23
Et skift fra enhver anden position.
85.25
Et skift inden for denne position eller enhver anden position, forudsat at værdien af alle materialer uden oprindelsesstatus ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
85.26 -85.28
Et skift fra enhver anden position, undtagen fra position 85.29 ; eller
Et skift fra position 85.29 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 85.29  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
85.29
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8530.10 -8530.90
Et skift fra enhver anden underposition.
85.31
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
8532.10 -8534.00
Et skift fra enhver anden underposition.
85.35 -85.37
Et skift fra enhver anden position, undtagen fra position 85.38 ; eller
Et skift fra position 85.38 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 85.38  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
85.38 -85.48
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Afsnit XVII
Transportmidler
Kapitel 86
Lokomotiver, vogne og andet materiel til jernbaner og sporveje samt dele dertil; stationært jernbane- og sporvejsmateriel samt dele dertil; mekanisk (herunder elektromekanisk) trafikreguleringsudstyr af enhver art
86.01 -86.06
Et skift fra enhver anden position, undtagen fra position 86.07 ; eller
Et skift fra position 86.07 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 86.07  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
86.07
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
86.08 -86.09
Et skift fra enhver anden position.
Kapitel 87
Køretøjer (undtagen til jernbaner og sporveje) samt dele og tilbehør dertil
87.01
Produktion, ved hvilken værdien af alle anvendte materialer uden oprindelsesstatus ikke overstiger 45 procent af produktets transaktionsværdi eller pris ab fabrik
 (
2
)
.
87.02
Produktion, ved hvilken værdien af alle anvendte materialer uden oprindelsesstatus ikke overstiger 45 procent af produktets transaktionsværdi eller pris ab fabrik
 (
3
)
.
87.03
Produktion, ved hvilken værdien af alle anvendte materialer uden oprindelsesstatus ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik
 (
4
)
.
87.04
Produktion, ved hvilken værdien af alle anvendte materialer uden oprindelsesstatus ikke overstiger 45 procent af produktets transaktionsværdi eller pris ab fabrik
 (
5
)
.
87.05
Produktion, ved hvilken værdien af alle anvendte materialer uden oprindelsesstatus ikke overstiger 45 procent af produktets transaktionsværdi eller pris ab fabrik
 (
6
)
.
87.06
Et skift fra enhver anden position, undtagen fra position 84.07 , 84.08  eller 87.08 ; eller
Et skift inden for denne position, position 84.07 , 84.08  eller 87.08 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position eller position 84.07 , 84.08  eller 87.08  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
87.07
Et skift fra enhver anden position, undtagen fra position 87.08 ; eller
Et skift inden for denne position eller position 87.08 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position eller position 87.08  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
87.08
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
87.09
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
87.10 -87.11
Et skift fra enhver anden position.
87.12
Et skift fra enhver anden position, undtagen fra position 87.14 ; eller
Et skift fra position 87.14 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 87.14  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
87.13
Et skift fra enhver anden position.
87.14 -87.16
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 88
Luft- og rumfartøjer samt dele dertil
88.01
Et skift fra enhver anden position.
88.02 -88.05
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 89
Skibe, både og flydende materiel
89.01 -89.06
Et skift fra ethvert andet kapitel; eller
Et skift inden for dette kapitel, uanset om der også er et skift fra ethvert andet kapitel, forudsat at værdien af materialer uden oprindelsesstatus henhørende under kapitel 89 ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
89.07 -89.08
Et skift fra enhver anden position.
Afsnit XVIII
Optiske, fotografiske og kinematografiske instrumenter og apparater; måle-, kontrol- og præcisionsinstrumenter og -apparater; medicinske og kirurgiske instrumenter og apparater; ure; musikinstrumenter; dele og tilbehør dertil
Kapitel 90
Optiske fotografiske og kinematografiske instrumenter og apparater; måle-, kontrol- og præcisionsinstrumenter og –apparater; medicinske og kirurgiske instrumenter og apparater; dele og tilbehør dertil
90.01
Et skift fra enhver anden position.
90.02
Et skift fra enhver anden position, undtagen fra position 90.01 ; eller
Et skift inden for denne position eller position 90.01 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position eller position 90.01  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
90.03 -90.33
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 91
Ure og dele dertil
91.01 -91.07
Et skift fra enhver anden position, undtagen fra position 91.08 -91.14 ; eller
Et skift fra position 91.08 -91.14 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 91.08 -91.14  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
91.08 -91.14
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 92
Musikinstrumenter; dele og tilbehør dertil
92.01 -92.08
Et skift fra enhver anden position, undtagen fra position 92.09 ; eller
Et skift fra position 92.09 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 92.09  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
92.09
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Afsnit XIX
Våben og ammunition samt dele og tilbehør dertil
Kapitel 93
Våben og ammunition samt dele og tilbehør dertil
93.01 -93.04
Et skift fra enhver anden position, undtagen fra position 93.05 ; eller
Et skift fra position 93.05 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under position 93.05  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
93.05 -93.07
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Afsnit XX
Diverse varer
Kapitel 94
Møbler; sengebunde, madrasser, dyner, puder og lign.; lamper og belysningsartikler, ikke andetsteds tariferet; lysskilte, navneplader med lys og lignende varer; præfabrikerede bygninger
94.01 -94.06
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Kapitel 95
Legetøj, spil og sportsartikler; dele og tilbehør dertil
95.03 -95.05
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
9506.11 -9506.29
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse underpositioner eller enhver anden underposition, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
9506.31
Et skift fra enhver anden position; eller
Et skift fra underposition 9506.39 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under underposition 9506.39  ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
9506.32 -9506.99
Et skift fra enhver anden position; eller
Et skift fra enhver af disse underpositioner eller enhver anden underposition, uanset om der også er et skift fra enhver anden underposition, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme underposition som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
95.07 -95.08
Et skift fra enhver anden position.
Kapitel 96
Diverse
9601.10 -9602.00
Et skift inden for enhver af disse underpositioner eller enhver anden underposition.
96.03 -96.04
Et skift fra enhver anden position.
96.05
Et skift fra enhver anden position, forudsat at værdien af komponenter uden oprindelsesstatus ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
96.06 -96.07
Et skift fra enhver anden position; eller
Et skift inden for enhver af disse positioner, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under samme position som det færdige produkt ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
9608.10 -9608.40
Et skift fra enhver anden position; eller
Et skift inden for denne position, undtagen fra underposition 9608.50 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position, undtagen underposition 9608.50 , ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
9608.50
Et skift fra enhver anden position; eller
Et skift fra underposition 9608.10 -9608.40  eller 9608.60 -9608.99 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af komponenter uden oprindelsesstatus henhørende under underposition 9608.10 -9608.40  eller 9608.60 -9608.99  ikke overstiger 25 procent af sættets transaktionsværdi eller pris ab fabrik.
9608.60 -9608.99
Et skift fra enhver anden position; eller
Et skift inden for denne position, undtagen fra underposition 9608.50 , uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position, undtagen underposition 9608.50 , ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
96.09
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
96.10 -96.12
Et skift fra enhver anden position.
96.13
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
96.14
Et skift inden for denne position eller enhver anden position.
96.15
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
96.16 -96.18
Et skift fra enhver anden position.
96.19
Et skift fra enhver anden position.
Afsnit XXI
Kunstværker, samlerobjekter og antikviteter
Kapitel 97
Kunstværker, samlerobjekter og antikviteter
97.01 -97.06
Et skift fra enhver anden position.
(
1
)
  I disse noter forstås ved produkt 
x
 eller toldbestemmelse 
x
 et bestemt produkt eller en bestemt toldbestemmelse, og ved 
x
 procent forstås en bestemt procentsats.
(
2
)
  Parterne er enige om at anvende kumulation med USA i henhold til følgende bestemmelser:
Forudsat at der findes en gældende frihandelsaftale mellem hver part og USA, som er i overensstemmelse med parternes WTO-forpligtelser, og at parterne når frem til en aftale om alle de gældende betingelser, anses ethvert materiale henhørende under kapitel 84, 85, 87 eller 94 i HS med oprindelse i USA, der anvendes i produktionen af det pågældende produkt i Canada eller Den Europæiske Union, for at have oprindelsesstatus. Uden at det berører udfaldet af frihandelsforhandlingerne mellem Den Europæiske Union og USA, omfatter drøftelserne om de gældende betingelser i givet fald konsultationer for at sikre overensstemmelse mellem den beregningsmetode, der er aftalt mellem Den Europæiske Union og USA, og den metode, som finder anvendelse i henhold til denne aftale for det pågældende produkt.
Ovennævnte oprindelsesregel ophører derfor med at finde anvendelse et år efter ikrafttrædelsen af en sådan kumulation, og følgende oprindelsesregel finder anvendelse i stedet:
Produktion, ved hvilken værdien af alle anvendte materialer ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
Anvendelse af kumulation og af den nye oprindelsesregel offentliggøres i Den Europæiske Unions Tidende til orientering.
(
3
)
  Se fodnote 3.
(
4
)
  Denne oprindelsesregel ophører med at finde anvendelse syv år efter denne aftales ikrafttræden. Følgende oprindelsesregel finder anvendelse i stedet:
Produktion, ved hvilken værdien af alle anvendte materialer ikke overstiger 45 procent af produktets transaktionsværdi eller pris ab fabrik.
Uanset ovenstående og med forbehold af gældende betingelser, som parterne er blevet enige om, finder følgende oprindelsesregel anvendelse, når den kumulation, der er omhandlet i bilag 5-A: Afsnit D — Køretøjer, bestemmelse 1, træder i kraft:
Produktion, ved hvilken værdien af alle anvendte materialer ikke overstiger 40 procent af produktets transaktionsværdi eller pris ab fabrik.
(
5
)
  Se fodnote 3.
(
6
)
  Se fodnote 3.
BILAG 5-A
OPRINDELSESKONTINGENTER OG ALTERNATIVER TIL DE PRODUKTSPECIFIKKE OPRINDELSESREGLER I BILAG 5
Fælles bestemmelser
1.
Bilag 5-A finder anvendelse på de produkter, der er omhandlet i følgende afsnit:
a)
Afsnit A: Landbrugsprodukter
b)
Afsnit B: Fisk og skaldyr
c)
Afsnit C: Tekstilvarer og beklædningsgenstande
d)
Afsnit D: Køretøjer
2.
For de produkter, der er opført i tabellerne i hvert afsnit, er de tilsvarende oprindelsesregler alternativer til dem, der er opstillet i bilag 5 — Produktspecifikke oprindelsesregler, inden for rammerne af det gældende årlige kontingent.
3.
Den importerende part forvalter oprindelseskontingenterne efter »først til mølle«-princippet og beregner mængden af produkter, der importeres i henhold til disse oprindelseskontingenter, på grundlag af den pågældende parts import.
4.
Ved al eksport i henhold til oprindelseskontingenterne henvises der til bilag 5-A. Parterne må ikke lade nogen produkter være omfattet af det årlige oprindelseskontingent uden en sådan henvisning.
5.
Canada underretter Den Europæiske Union, hvis der kræves dokumenter udstedt af Canada for:
a)
produkter, der eksporteres fra Canada i henhold til det gældende oprindelseskontingent, eller
b)
produkter, der importeres til Canada i henhold til det gældende oprindelseskontingent.
6.
Hvis Den Europæiske Union modtager underretning i henhold til punkt 5, litra a), tillader Den Europæiske Union kun de produkter, der er ledsaget af en sådan dokumentation, at gøre krav på den præferencetoldbehandling, som er baseret på den alternative oprindelsesregel i bilag 5-A.
7.
Parterne forvalter oprindelseskontingenterne på kalenderårsbasis, således at hele kontingentmængden stilles til rådighed den 1. januar hvert år. I forbindelse med forvaltningen af disse oprindelseskontingenter i år 1 beregner parterne kontingentmængderne af disse oprindelseskontingenter ved fradrag af den mængde, der svarer til perioden fra den 1. januar til datoen for denne aftales ikrafttræden.
8.
For så vidt angår Den Europæiske Union, forvaltes de mængder, der er omhandlet i dette bilag, af Europa-Kommissionen, der træffer alle de administrative foranstaltninger, som den skønner egnede til at sikre en effektiv forvaltning heraf under hensyntagen til gældende lovgivning i Den Europæiske Union.
9.
Parterne rådfører sig med hinanden efter behov for at sikre, at bilag 5-A forvaltes effektivt, og samarbejder i forbindelse med forvaltningen af bilag 5-A. Parterne rådfører sig med hinanden for at drøfte mulige ændringer i bilag 5-A.
10.
Supplerende bestemmelser, såsom revision af eller tilvækst i oprindelseskontingenterne, er angivet separat for hvert afsnit.
Afsnit A — Landbrugsprodukter
Tabel A.1
Årlig kontingenttildeling for produkter
(
1
)
med højt sukkerindhold, der eksporteres fra Canada til Den Europæiske Union
(
2
)
HS-tarifering
Varebeskrivelse
Tilstrækkelig produktion
Årligt kontingent for eksport fra Canada til Den Europæiske Union (ton, nettovægt)
ex ex 1302.20
Pektinstoffer, pektinater og pektater, tilsat sukker henhørende under underposition 1701.91 -1701.99
Et skift inden for denne underposition eller enhver anden underposition, undtagen fra underposition 1701.91 -1701.99 .
30 000
ex ex 1806.10
Kakaopulver, tilsat sukker henhørende under underposition 1701.91 -1701.99
Et skift fra enhver anden underposition, undtagen fra underposition 1701.91 -1701.99 .
ex ex 1806.20
Tilberedte varer tilsat sukker henhørende under position 1701.91 -1701.99  til fremstilling af drikkevarer med indhold af kakao
Et skift inden for denne underposition eller enhver anden underposition, undtagen fra underposition 1701.91 -1701.99 .
ex ex 2101.12
Varer tilberedt på basis af ekstrakter, essenser eller koncentrater af kaffe eller på basis af kaffe tilsat sukker henhørende under underposition 1701.91 -1701.99
Et skift fra enhver anden underposition, undtagen fra underposition 1701.91 -1701.99 .
ex ex 2101.20
Varer tilberedt på basis af ekstrakter, essenser eller koncentrater af te eller maté eller på basis af te eller maté tilsat sukker henhørende under underposition 1701.91 -1701.99
Et skift inden for denne underposition eller enhver anden underposition, undtagen fra underposition 1701.91 -1701.99 .
ex ex 2106.90
Tilberedte fødevarer tilsat sukker henhørende under underposition 1701.91 -1701.99
Et skift inden for denne underposition eller enhver anden underposition, undtagen fra underposition 1701.91 -1701.99 .
Revisions- og tilvækstbestemmelser vedrørende tabel A.1
1.
Parterne tager oprindelseskontingentniveauet i tabel A.1 op til revision ved udgangen af hver femårsperiode for de første tre på hinanden følgende femårsperioder efter ikrafttrædelsen af denne aftale.
2.
Ved udgangen af hver femårsperiode for de første tre på hinanden følgende femårsperioder efter denne aftales ikrafttræden forhøjes oprindelseskontingentmængden i tabel A.1 med 20 procent af den i den foregående periode fastsatte mængde, forudsat:
a)
at der i hvert enkelt år i den første femårsperiode er en udnyttelsesgrad på mindst 60 procent,
b)
at der i hvert enkelt år i den anden femårsperiode er en udnyttelsesgrad på mindst 70 procent, og
c)
at der i hvert enkelt år i den tredje femårsperiode er en udnyttelsesgrad på mindst 80 procent.
3.
En eventuel forhøjelse af oprindelseskontingentmængden sker i første kvartal af det efterfølgende kalenderår.
4.
Denne revision foretages af Landbrugsudvalget. Efter endt revision underretter parterne i givet fald skriftligt hinanden om en forhøjelse af oprindelseskontingentet, jf. punkt 2, og om den dato, hvor forhøjelsen finder anvendelse, jf. punkt 3. Parterne sikrer, at en forhøjelse af oprindelseskontingentet og den dato, hvor det finder anvendelse, offentliggøres.
Tabel A.2
Årlig kontingenttildeling for sukkervarer og tilberedte varer med indhold af kakao, der eksporteres fra Canada til Den Europæiske Union
HS-tarifering
Varebeskrivelse
Tilstrækkelig produktion
Årligt kontingent for eksport fra Canada til Den Europæiske Union (ton, nettovægt)
17.04
Sukkervarer uden indhold af kakao (herunder hvid chokolade)
Et skift fra enhver anden position.
10 000
1806.31
Chokolade og andre tilberedte næringsmidler med indhold af kakao, i blokke, plader eller stænger, med fyld, af vægt ikke over 2 kg
Et skift fra enhver anden underposition, forudsat at skiftet er et resultat af andet og mere end emballering.
1806.32
Chokolade og andre tilberedte næringsmidler med indhold af kakao, i blokke, plader eller stænger, uden fyld, af vægt ikke over 2 kg
1806.90
Chokolade og andre tilberedte næringsmidler med indhold af kakao, undtagen varer henhørende under position 1806.10-1806.32
Revisions- og tilvækstbestemmelser vedrørende tabel A.2
1.
Parterne tager oprindelseskontingentet i tabel A.2 op til revision ved udgangen af hver femårsperiode efter denne aftales ikrafttræden, forudsat at der i hvert enkelt år i den foregående femårsperiode er en udnyttelsesgrad på mindst 60 procent.
2.
Revisionen foretages med henblik på at øge kontingentet ud fra en undersøgelse af alle relevante faktorer, navnlig udnyttelsesgraden, væksten i Canadas eksport til verden, væksten i den samlede EU-import og alle andre vigtige udviklingstendenser i handelen med de produkter, som oprindelseskontingentet finder anvendelse på.
3.
Oprindelseskontingentets tilvækstrate fastlægges for den efterfølgende periode på fem år og er på højst 10 procent af kontingentet i den foregående periode.
4.
Denne revision foretages af Landbrugsudvalget. Enhver anbefaling fra Landbrugsudvalget om at øge oprindelseskontingentet forelægges Det Blandede CETA-udvalg med henblik på en afgørelse i overensstemmelse med artikel 30.2, stk. 2.
Tabel A.3
Årlig kontingenttildeling for forarbejdede fødevarer, der eksporteres fra Canada til Den Europæiske Union
HS-tarifering
Varebeskrivelse
Tilstrækkelig produktion
Årligt kontingent for eksport fra Canada til Den Europæiske Union (ton nettovægt)
19.01
Maltekstrakt; tilberedte næringsmidler fremstillet af mel, gryn, groft mel, stivelse eller maltekstrakt, også med indhold af kakao, såfremt dette udgør mindre end 40 vægtprocent beregnet på et fuldstændig fedtfrit grundlag, ikke andetsteds tariferet; tilberedte næringsmidler fremstillet af produkter henhørende under position 04.01-04.04, også med indhold af kakao, såfremt dette udgør mindre end 5 vægtprocent beregnet på et fuldstændig fedtfrit grundlag, ikke andetsteds tariferet
Et skift fra enhver anden position.
35 000
ex ex 1902.11
Pastaprodukter, ikke kogte, fyldte eller på anden måde tilberedt, med indhold af æg og ris
Et skift fra enhver anden position.
ex ex 1902.19
Pastaprodukter, ikke kogte, fyldte eller på anden måde tilberedt, i andre tilfælde, med indhold af ris
ex ex 1902.20
Pastaprodukter med fyld, også kogt eller på anden måde tilberedt, med indhold af ris
ex ex 1902.30
Andre pastaprodukter, med indhold af ris
1904.10
Tilberedte næringsmidler fremstillet ved ekspandering eller ristning af korn eller kornprodukter (f.eks. cornflakes)
Et skift fra enhver anden position; eller
Et skift inden for denne position, uanset om der også er et skift fra enhver anden position, forudsat at vægten af materialer uden oprindelsesstatus henhørende under denne position ikke overstiger 30 procent af enten produktets nettovægt eller nettovægten af alt materiale, der anvendes i produktionen.
1904.20
Tilberedte næringsmidler fremstillet af ikke-ristede flager af korn eller af blandinger af ikke-ristede kornflager og ristede flager af korn eller ekspanderet korn
1904.90
Tilberedte næringsmidler, undtagen varer henhørende under underposition 1904.10-1904.30
Et skift fra enhver anden position.
19.05
Brød, wienerbrød, kager, kiks og andet bagværk, også tilsat kakao; kirkeoblater, oblatkapsler af den art der anvendes til lægemidler, segloblater og lignende varer af mel eller stivelse
Et skift fra enhver anden position.
2009.81
Saft af tranebær
Et skift fra enhver anden position.
ex ex 2009.89
Saft af blåbær
Et skift fra enhver anden position.
2103.90
Andre saucer samt tilberedninger til fremstilling deraf; andre sammensatte smagspræparater
Et skift fra enhver anden position.
ex ex 2106.10
Proteinkoncentrater og teksturerede proteinstoffer, ikke tilsat sukker henhørende under underposition 1701.91-1701.99 eller med indhold af tilsat sukker henhørende under underposition 1701.91-1701.99 på under 65 vægtprocent
Et skift fra enhver anden underposition; eller
Et skift inden for samme underposition, uanset om der også er et skift fra enhver anden underposition, forudsat at nettovægten af materiale uden oprindelsesstatus inden for den pågældende underposition ikke overstiger 30 procent af enten produktets nettovægt eller nettovægten af alt materiale, der anvendes i produktionen.
ex ex 2106.90
Andre tilberedte fødevarer, ikke andetsteds tariferet, ikke tilsat sukker henhørende under underposition 1701.91-1701.99 eller med indhold af tilsat sukker henhørende under underposition 1701.91-1701.99 på under 65 vægtprocent
Revisions- og tilvækstbestemmelser vedrørende tabel A.3
1.
Parterne tager oprindelseskontingentet i tabel A.3 op til revision ved udgangen af hver femårsperiode efter denne aftales ikrafttræden, forudsat at der i hvert enkelt år i den foregående femårsperiode er en udnyttelsesgrad på mindst 60 procent.
2.
Revisionen foretages med henblik på at øge kontingentet ud fra en undersøgelse af alle relevante faktorer, navnlig udnyttelsesgraden, væksten i Canadas eksport til verden, væksten i den samlede EU-import og alle andre vigtige udviklingstendenser i handelen med de produkter, som oprindelseskontingentet finder anvendelse på.
3.
Oprindelseskontingentets tilvækstrate fastlægges for den efterfølgende periode på fem år og er på højst 10 procent af kontingentet i den foregående periode.
4.
Denne revision foretages af Landbrugsudvalget. Enhver anbefaling fra Landbrugsudvalget om at øge oprindelseskontingentet forelægges Det Blandede CETA-udvalg med henblik på en afgørelse i overensstemmelse med artikel 30.2, stk. 2.
Tabel A.4
Årlig kontingenttildeling for hunde- og kattefoder, der eksporteres fra Canada til Den Europæiske Union
HS-tarifering
Varebeskrivelse
Tilstrækkelig produktion
Årligt kontingent for eksport fra Canada til Den Europæiske Union (ton, nettovægt)
2309.10
Hunde- og kattefoder, i pakninger til detailsalg
Et skift fra underposition 309.90 eller enhver anden position, undtagen hunde- og kattefoder henhørende under underposition 2309.90.
60 000
ex ex 2309.90
Hunde- og kattefoder, ikke i pakninger til detailsalg
Et skift inden for denne underposition eller enhver anden position, undtagen fra hunde- og kattefoder inden for denne underposition.
Revisions- og tilvækstbestemmelser vedrørende tabel A.4
1.
Parterne tager oprindelseskontingentet i tabel A.4 op til revision ved udgangen af hver femårsperiode efter denne aftales ikrafttræden, forudsat at der i hvert enkelt år i den foregående femårsperiode er en udnyttelsesgrad på mindst 60 procent.
2.
Revisionen foretages med henblik på at øge kontingentet ud fra en undersøgelse af alle relevante faktorer, navnlig udnyttelsesgraden, væksten i Canadas eksport til verden, væksten i den samlede EU-import og alle andre vigtige udviklingstendenser i handelen med de produkter, som oprindelseskontingentet finder anvendelse på.
3.
Oprindelseskontingentets tilvækstrate fastlægges for den efterfølgende periode på fem år og er på højst 10 procent af kontingentet i den foregående periode.
4.
Denne revision foretages af Landbrugsudvalget. Enhver anbefaling fra Landbrugsudvalget om at øge oprindelseskontingentet forelægges Det Blandede CETA-udvalg med henblik på en afgørelse i overensstemmelse med artikel 30.2, stk. 2.
Afsnit B — Fisk og skaldyr
Tabel B.1
Årlig kontingenttildeling for fisk og skaldyr, der eksporteres fra Canada til Den Europæiske Union
HS-tarifering
Varebeskrivelse
Årligt kontingent for eksport fra Canada til Den Europæiske Union (ton, nettovægt)
Tilstrækkelig produktion
ex ex 0304.83
Filet af helleflynder, frosset, undtagen 
Reinhardtius hippoglossoides
10
Et skift fra enhver anden position
 (
3
)
.
ex ex 0306.12
Hummer, kogt og frosset
2 000
Et skift fra enhver anden underposition.
1604.11
Laks, tilberedt eller konserveret
3 000
Et skift fra ethvert andet kapitel.
1604.12
Sild, tilberedt eller konserveret
50
ex ex 1604.13
Sardin, sardinel og brisling, tilberedt eller konserveret, undtagen 
Sardina pilchardus
200
ex ex 1605.10
Krabber, tilberedt eller konserveret, undtagen 
Cancer pagurus
44
1605.21 -1605.29
Rejer, tilberedt eller konserveret
5 000
1605.30
Hummer, tilberedt eller konserveret
240
Tilvækstbestemmelser vedrørende tabel B.1
1.
For hvert af de produkter, som er opført i tabel B.1, øges oprindelseskontingenttildelingen for det følgende kalenderår, hvis over 80 procent af et oprindelseskontingent, der er tildelt et produkt, anvendes i løbet af et kalenderår. Tilvæksten er på 10 procent af det oprindelseskontingent, der blev tildelt produktet i det foregående kalenderår. Tilvækstbestemmelsen finder første gang anvendelse efter udløbet af det første hele kalenderår efter denne aftales ikrafttræden og anvendes i fire på hinanden følgende år i alt.
2.
En eventuel oprindelseskontingenttilvækst sker i første kvartal af det efterfølgende kalenderår. Den importerende part underretter skriftligt den eksporterende part om, hvorvidt betingelsen i punkt 1 er opfyldt, og — hvis det er tilfældet — om oprindelseskontingenttilvæksten og den dato, hvor den finder anvendelse. Parterne sikrer, at oprindelseskontingenttilvæksten og den dato, hvor den finder anvendelse, offentliggøres.
Revisionsbestemmelse vedrørende tabel B.1
Efter udløbet af tredje kalenderår efter denne aftales ikrafttræden og efter anmodning fra en part indleder parterne en drøftelse om mulige revisioner af dette afsnit.
Afsnit C — Tekstilvarer og beklædningsgenstande
Tabel C.1
Årlig kontingenttildeling for tekstilvarer, der eksporteres fra Canada til Den Europæiske Union
HS-tarifering
Varebeskrivelse
Årligt kontingent for eksport fra Canada til Den Europæiske Union (kg nettovægt, medmindre andet er angivet)
Tilstrækkelig produktion
5107.20
Garn af kæmmet uld, ikke i detailsalgsoplægninger, med indhold af uld på under 85 vægtprocent
192 000
Et skift fra enhver anden position.
5205.12
Garn af bomuld ikke andetsteds tariferet, med indhold af bomuld på 85 vægtprocent eller derover, ikke i detailsalgsoplægninger, enkelttrådet garn af ikke-kæmmede fibre, over 14, men ikke over 43 mn
1 176 000
Et skift fra enhver anden position.
5208.59
Vævet stof af bomuld, med indhold af bomuld på 85 vægtprocent eller derover, trykt, undtagen lærredsvævet, ikke andetsteds tariferet, af vægt 200 g eller derunder pr. m
2
60 000  m
2
Et skift fra enhver anden position.
5209.59
Vævet stof af bomuld, med indhold af bomuld på 85 vægtprocent eller derover, trykt, undtagen lærredsvævet, ikke andetsteds tariferet, af vægt over 200 g pr. m
2
79 000  m
2
54.02
Garn af endeløse syntetiske fibre (undtagen sytråd), ikke i detailsalgsoplægninger, herunder syntetiske monofilamenter af finhed under 67 decitex
4 002 000
Et skift fra enhver anden position.
5404.19
Syntetiske monofilamenter af finhed 67 decitex eller derover, med største tværmål ikke over 1 mm, ikke andetsteds tariferet
21 000
54.07
Vævet stof af garn af endeløse syntetiske fibre, herunder vævet stof fremstillet af varer henhørende under position 54.04
4 838 000  m
2
Et skift fra enhver anden position; eller
Trykning eller farvning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af stof uden oprindelsesstatus ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
5505.10
Affald af syntetiske fibre (herunder kæmlinge, garnaffald og opkradset tekstilmateriale)
1 025 000
Et skift fra enhver anden position.
5513.11
Vævet stof af korte polyesterfibre, med indhold på under 85 vægtprocent af disse fibre, ubleget eller bleget, lærredsvævet, blandet hovedsagelig eller udelukkende med bomuld, af vægt 170 g eller derunder pr. m
2
6 259 000  m
2
Et skift fra enhver anden position.
56.02
Filt, også imprægneret, overtrukket, belagt eller lamineret
583 000
Et skift fra ethvert andet kapitel.
56.03
Fiberdug, også imprægneret, overtrukket, belagt eller lamineret
621 000
57.03
Gulvtæpper og anden gulvbelægning af tekstilmaterialer, tuftede, også konfektionerede
196 000  m
2
58.06
Vævede bånd, bortset fra varer henhørende under position 58.07 (bortset fra etiketter, emblemer og lignende varer, i løbende længder osv.); bånd bestående af sammenlimede parallellagte garner eller fibre
169 000
Et skift fra enhver anden position.
5811.00
Vatterede tekstilstoffer i løbende længder (et eller flere lag samlet med polstringsmateriale ved kædesting etc.), undtagen broderier henhørende under position 58.10
12 000  m
2
Et skift fra enhver anden position.
59.03
Tekstilstof, imprægneret, overtrukket, belagt eller lamineret med plast, undtagen varer henhørende under position 59.02
1 754 000  m
2
Et skift fra ethvert andet kapitel, forudsat at værdien af stof uden oprindelsesstatus ikke overstiger 60 procent af produktets transaktionsværdi eller pris ab fabrik.
5904.90
Gulvbelægningsmaterialer bestående af tekstilunderlag med overtræk eller belægning, også i tilskårne stykker, undtagen linoleum
24 000  m
2
59.06
Tekstilstof, gummieret, undtagen varer henhørende under position 59.02
450 000
5907.00
Tekstilstof, imprægneret, overtrukket eller belagt på anden måde; malede teaterkulisser, malede atelierbagtæpper og lign.
2 969 000  m
2
59.11
Tekstilvarer til særlig teknisk brug
173 000
60.04
Trikotagestof af bredde over 30 cm, med indhold af elastomergarn eller gummitråde på 5 vægtprocent eller derover, bortset fra varer henhørende under position 60.01
25 000
Et skift fra enhver anden position; eller
Trykning eller farvning ledsaget af mindst to forberedende eller afsluttende behandlinger (f.eks. vask, blegning, mercerisering, varmefiksering, opruning, kalandering, krympefri behandling, krølfri behandling, dekatering, imprægnering, reparation og nopning), forudsat at værdien af stof uden oprindelsesstatus ikke overstiger 47,5 procent af produktets transaktionsværdi eller pris ab fabrik.
60.05
Trikotagestof, kædestolsvarer (herunder varer fremstillet på hæklegallonmaskiner), bortset fra varer henhørende under position 60.01-60.04
16 000
60.06
Trikotagestof, ikke andetsteds tariferet
24 000
63.06
Presenninger og markiser; telte, sejl til både, sejlbrætter eller sejlvogne; campingudstyr, af tekstilmaterialer
124 000
Et skift fra ethvert andet kapitel.
63.07
Konfektionerede varer af tekstilmaterialer, ikke andetsteds tariferet
503 000
m
2
 = kvadratmeter
Tabel C.2
Årlig kontingenttildeling for beklædningsgenstande, der eksporteres fra Canada til Den Europæiske Union
HS-tarifering
Varebeskrivelse
Årligt kontingent for eksport fra Canada til Den Europæiske Union (enheder, medmindre andet er angivet)
Tilstrækkelig produktion
 (
4
)
6101.30
Frakker, pjækkerter, kapper, slag, anorakker, vindjakker, blouson-jakker og lignende varer af kemofibre, trikotage, til mænd eller drenge
10 000
Et skift fra ethvert andet kapitel, forudsat at produktet både er tilskåret (eller fremstillet i form) og syet sammen eller på anden måde samlet på en parts territorium; eller
Et skift til en trikotagevare fremstillet i form, hvor der ikke er behov for syning eller anden form for samling, fra ethvert andet kapitel.
6102.30
Frakker, pjækkerter, kapper, slag, anorakker, vindjakker, blouson-jakker og lignende varer af kemofibre, trikotage, til kvinder eller piger
17 000
61.04
Dragter, kombinerede sæt, dragtjakker, blazere, kjoler, nederdele, buksenederdele, benklæder etc. (undtagen badebeklædning), af trikotage, til kvinder eller piger
535 000
6106.20
Bluser, skjorter og skjortebluser, af kemofibre, trikotage, til kvinder eller piger
44 000
6108.22
Trusser og underbenklæder, af kemofibre, trikotage, til kvinder eller piger
129 000
6108.92
Negligéer, badekåber, housecoats og lignende varer, af kemofibre, trikotage, til kvinder eller piger
39 000
6109.10
T-shirts og undertrøjer, af trikotage, af bomuld
342 000
6109.90
T-shirts og undertrøjer, af tekstilmaterialer ikke andetsteds tariferet, af trikotage
181 000
61.10
Sweatere, pullovere, cardigans, veste og lignende varer, af trikotage
478 000
6112.41
Badebeklædning til kvinder eller piger af syntetiske fibre, af trikotage
73 000
61.14
Beklædningsgenstande ikke andetsteds tariferet, af trikotage
90 000  kg
61.15
Strømpebenklæder, strømper, knæstrømper, sokker og lignende varer, herunder graduerede kompressionsstrømper (fx mod åreknuder) og fodtøj uden påsyede såler, af trikotage
98 000  kg
62.01
Frakker, pjækkerter, kapper, slag, anorakker, vindjakker, blouson-jakker og lignende varer, ikke af trikotage, til mænd eller drenge, undtagen varer henhørende under position 62.03
96 000
62.02
Frakker, pjækkerter, kapper, slag, anorakker, vindjakker, blouson-jakker og lignende varer, ikke af trikotage, til kvinder eller piger, undtagen varer henhørende under position 62.04
99 000
62.03
Jakkesæt og habitter, kombinerede sæt, jakker, blazere, benklæder, overalls, knickers og shorts (undtagen badeshorts), ikke af trikotage, til mænd eller drenge
95 000
62.04
Dragter, kombinerede sæt, jakker, blazere, kjoler, nederdele, buksenederdele, benklæder, overalls, knickers og shorts (undtagen badebeklædning), ikke af trikotage, til kvinder eller piger
506 000
62.05
Skjorter til mænd eller drenge, ikke af trikotage
15 000
62.06
Bluser, skjorter og skjortebluser, til kvinder eller piger, ikke af trikotage
64 000
6210.40
Beklædningsgenstande, til mænd eller drenge, konfektioneret af tekstilstof henhørende under position 59.03 , 59.06  eller 59.07 , ikke andetsteds tariferet, ikke af trikotage
68 000  kg
6210.50
Beklædningsgenstande, til kvinder eller piger, konfektioneret af tekstilstof henhørende under position 59.03 , 59.06  eller 59.07 , ikke andetsteds tariferet, ikke af trikotage
30 000  kg
62.11
Træningsdragter, skidragter og badebeklædning, andre beklædningsgenstande ikke andetsteds tariferet, ikke af trikotage
52 000  kg
6212.10
Brystholdere, også af trikotage
297 000
6212.20
Hofteholdere og »panties«, også af trikotage
32 000
6212.30
Korseletter, også af trikotage
40 000
6212.90
Korsetter, seler, sokkeholdere, strømpebånd og lignende varer og dele dertil, også af trikotage
16 000  kg
Tabel C.3
Årlig kontingenttildeling for tekstiler, der eksporteres fra Den Europæiske Union til Canada
HS-tarifering
Varebeskrivelse
Årligt kontingent for eksport fra Den Europæiske Union til Canada (kg, medmindre andet er angivet)
Tilstrækkelig produktion
5007.20
Vævet stof med indhold af natursilke eller affald af natursilke, undtagen bourettesilke, på 85 vægtprocent og derover
83 000  m
2
Vævning.
5111.30
Vævet stof indeholdende hovedsagelig, men under 85 vægtprocent kartet uld eller kartede fine dyrehår, blandet hovedsagelig eller udelukkende med korte kemofibre
205 000  m
2
Vævning.
51.12
Vævet stof af kæmmet uld eller kæmmede fine dyrehår
200 000
Vævning.
5208.39
Vævet stof af bomuld, med indhold af bomuld på 85 vægtprocent eller derover, af vægt 200 g eller derunder pr. m
2
, farvet, bortset fra kipervævet med 3 eller 4 bindinger (inkl. heraf afledte bindinger) og lærredsvævet
116 000  m
2
Vævning.
5401.10
Sytråd af syntetiske fibre, også i detailsalgsoplægninger
18 000
Ekstrudering af endeløse kemofibre også ledsaget af spinding; eller
Spinding.
5402.11
Garn af endeløse syntetiske fibre, ikke i detailsalgsoplægninger, garn med høj styrke, af aramider
504 000
Ekstrudering af endeløse kemofibre også ledsaget af spinding; eller
Spinding.
54.04
Syntetiske monofilamenter af finhed 67 decitex eller derover, med største tværmål ikke over 1 mm; strimler og lignende (fx kunstige strå) af syntetisk materiale, hvis synlige bredde ikke overstiger 5 mm
275 000
Ekstrudering af endeløse kemofibre også ledsaget af spinding; eller
Spinding.
54.07
Vævet stof af garn af endeløse syntetiske fibre, herunder vævet stof fremstillet af varer henhørende under position 54.04
636 000
Vævning.
56.03
Fiberdug, også imprægneret, overtrukket, belagt eller lamineret, ikke andetsteds tariferet
1 629 000
Enhver ikke-vævningsproces, herunder gennemstikning
5607.41
Binde- og pressegarn af polyethylen eller polypropylen
813 000
Enhver ikke-vævningsproces, herunder gennemstikning
5607.49
Sejlgarn, reb og tovværk af polyethylen eller polypropylen, flettet eller ikke, også imprægneret, overtrukket, belagt eller beklædt med gummi eller plast (bortset fra binde- og pressegarn)
347 000
Enhver ikke-vævningsproces, herunder gennemstikning
5702.42
Gulvtæpper og anden gulvbelægning, af kemofibre, vævede, ikke tuftede eller fremstillet ved »flocking«, med luv, konfektionerede (undtagen kelim-, sumach- og karamanietæpper samt lignende håndvævede tæpper)
187 000  m
2
Vævning; eller
Anvendelse af enhver ikke-vævningsproces, herunder gennemstikning.
5703.20
Gulvtæpper og anden gulvbelægning, af nylon eller andre polyamider, tuftede, også konfektionerede
413 000  m
2
Vævning; eller
Anvendelse af enhver ikke-vævningsproces, herunder gennemstikning.
5704.90
Gulvtæpper og anden gulvbelægning af filt, ikke tuftede eller fremstillet ved »flocking«, også konfektionerede (bortset fra fliser af størrelse 0,3 m
2
 og derunder)
1 830 000
Vævning; eller
Anvendelse af enhver ikke-vævningsproces, herunder gennemstikning.
59.03
Tekstilstof, imprægneret, overtrukket, belagt eller lamineret med plast (bortset fra cordvæv (stræklærred) fremstillet af garn med høj styrke, af nylon eller andre polyamider, polyestere eller viskose)
209 000
Vævning; eller
Overtrækning, flocking, laminering eller metalisering, i hvert enkelt tilfælde ledsaget af mindst to andre vigtige forberedende eller afsluttende behandlinger (såsom kalandering, krympefri behandling) giver oprindelsesstatus, forudsat at der opnås en merværdi på mindst 52,5 procent af produktets transaktionsværdi eller pris ab fabrik.
5904.10
Linoleum, også i tilskårne stykker
61 000  m
2
Vævning; eller
Overtrækning, flocking, laminering eller metalisering, i hvert enkelt tilfælde ledsaget af mindst to andre vigtige forberedende eller afsluttende behandlinger (såsom kalandering, krympefri behandling) giver oprindelsesstatus, forudsat at der opnås en merværdi på mindst 52,5 procent af produktets pris ab fabrik.
5910.00
Driv- og transportremme af tekstil, også imprægneret, overtrukket, belagt eller lamineret med plast eller forstærket med metal eller andet materiale
298 000
Fremstilling på basis af garn eller affald af stoffer eller klude henhørende under position 63.10;
Vævning; eller
Overtrækning, flocking, laminering eller metalisering, i hvert enkelt tilfælde ledsaget af mindst to andre vigtige forberedende eller afsluttende behandlinger (såsom kalandering, krympefri behandling) giver oprindelsesstatus, forudsat at der opnås en merværdi på mindst 52,5 procent af produktets pris ab fabrik.
59.11
Tekstilvarer til teknisk brug, som nævnt i bemærkning 7 til kapitel 59
160 000
Fremstilling på basis af garn eller affald af stoffer eller klude henhørende under position 63.10;
Vævning; eller
Overtrækning, flocking, laminering eller metalisering, i hvert enkelt tilfælde ledsaget af mindst to andre vigtige forberedende eller afsluttende behandlinger (såsom kalandering, krympefri behandling) giver oprindelsesstatus, forudsat at der opnås en merværdi på mindst 52,5 procent af produktets pris ab fabrik.
6302.21
Sengelinned, trykt, af bomuld, ikke af trikotage
176 000
Tilskæring af stof og konfektionering; eller
Anvendelse af enhver ikke-vævningsproces, herunder gennemstikning, ledsaget af konfektionering (herunder tilskæring).
6302.31
Sengelinned (uden påtryk), af bomuld, ikke af trikotage
216 000
Tilskæring af stof og konfektionering;
Anvendelse af enhver ikke-vævningsproces, herunder gennemstikning, ledsaget af konfektionering (herunder tilskæring); eller
Konfektionering foretaget efter trykning.
6302.91
Håndklæder, vaskeklude, viskestykker og lignende varer af bomuld (bortset fra håndklædefrottéstof eller lignende frottéstof), gulvklude, pudseklude, karklude og støveklude
20 000
Anvendelse af enhver ikke-vævningsproces, herunder gennemstikning, ledsaget af konfektionering (herunder tilskæring);
Tilskæring af stof og konfektionering; eller
Konfektionering foretaget efter trykning.
Tabel C.4
Årlig kontingenttildeling for beklædningsgenstande, der eksporteres fra Den Europæiske Union til Canada
HS-tarifering
Varebeskrivelse
Årligt kontingent for eksport fra Den Europæiske Union til Canada (enheder, medmindre andet er angivet)
Tilstrækkelig produktion
 (
5
)
6105.10
Skjorter, af trikotage, til mænd eller drenge (undtagen natskjorter, T-shirts og undertrøjer), af bomuld
46 000
Tilskæring af stof og konfektionering.
61.06
Bluser, skjorter og skjortebluser, af trikotage, til kvinder eller piger (undtagen T-shirts og undertrøjer), af bomuld
126 000
Tilskæring af stof og konfektionering.
61.09
T-shirts og undertrøjer, af trikotage
722 000
Tilskæring af stof og konfektionering.
61.10
Sweatere, pullovere, cardigans, veste og lignende varer, af trikotage (undtagen vatterede veste)
537 000
Tilskæring af stof og konfektionering; eller
Trikotage fremstillet i form til produkter, hvor der ikke er behov for sammensyning eller anden form for samling.
61.14
Andre beklædningsgenstande ikke andetsteds tariferet, af trikotage
58 000  kg
Tilskæring af stof og konfektionering; eller
Trikotage fremstillet i form til produkter, hvor der ikke er behov for sammensyning eller anden form for samling.
61.15
Strømpebenklæder, strømper, knæstrømper, sokker og lignende varer, herunder graduerede kompressionsstrømper (fx mod åreknuder) og fodtøj uden påsyede såler, af trikotage (undtagen til babyer)
1 691 000  par
Tilskæring af stof og konfektionering; eller
Trikotage fremstillet i form til produkter, hvor der ikke er behov for sammensyning eller anden form for samling.
6202.11
Frakker (herunder regnfrakker), pjækkerter, kapper, slag og lignende varer, til kvinder eller piger, af uld eller fine dyrehår, ikke af trikotage
15 000
Tilskæring af stof og konfektionering.
6202.93
Anorakker, vindjakker, blouson-jakker og lignende varer, til kvinder eller piger, af kemofibre (ikke af trikotage)
16 000
Tilskæring af stof og konfektionering.
6203.11
Jakkesæt og habitter, til mænd eller drenge, af uld eller fine dyrehår
39 000
Tilskæring af stof og konfektionering.
6203.12 -6203.49
Jakkesæt og habitter (undtagen af uld eller fine dyrehår), kombinerede sæt, jakker, blazere, benklæder, overalls, knickers og shorts, til mænd eller drenge (undtagen af trikotage og badeshorts)
281 000
Tilskæring af stof og konfektionering.
62.04
Dragter, kombinerede sæt, jakker, blazere, kjoler, nederdele, buksenederdele, benklæder, overalls, knickers og shorts, til kvinder eller piger (undtagen af trikotage og badebeklædning)
537 000
Tilskæring af stof og konfektionering.
6205.20
Skjorter, til mænd eller drenge, af bomuld, ikke af trikotage
182 000
Tilskæring af stof og konfektionering.
62.10
Beklædningsgenstande af tekstilstof henhørende under position 56.02 , 56.03 , 59.03 , 59.06  eller 59.07  (undtagen af trikotage og undtagen beklædningsgenstande til spædbørn)
19 000
Tilskæring af stof og konfektionering.
62.11
Træningsdragter, skidragter, badebeklædning og andre beklædningsgenstande, ikke andetsteds tariferet eller inkluderet (undtagen af trikotage)
85 000  kg
Tilskæring af stof og konfektionering.
62.12
Brystholdere, hofteholdere, korsetter, seler, sokkeholdere, strømpebånd og lignende varer og dele dertil, fremstillet af et hvilket som helst tekstilmateriale, også elastisk, herunder trikotage (undtagen bælter og korseletter, fremstillet helt af gummi)
26 000  dusin
Tilskæring af stof og konfektionering.
Tilvækstbestemmelser vedrørende tabel C.1, C.2, C.3 og C.4
1.
For hvert af de produkter, som er opført i tabel C.1, C.2, C.3 og C.4, øges oprindelseskontingenttildelingen for det følgende kalenderår, hvis over 80 procent af et oprindelseskontingent, der er tildelt et produkt, anvendes i løbet af et kalenderår. Tilvæksten er på 3 procent af det oprindelseskontingent, der blev tildelt produktet i det foregående kalenderår. Tilvækstbestemmelsen finder første gang anvendelse efter udløbet af det første hele kalenderår efter denne aftales ikrafttræden. De årlige oprindelseskontingenttildelinger kan øges i en periode på op til ti år.
2.
En eventuel oprindelseskontingenttilvækst sker i første kvartal af det efterfølgende kalenderår. Den importerende part underretter skriftligt den eksporterende part om, hvorvidt betingelsen i punkt 1 er opfyldt, og — hvis det er tilfældet — om oprindelseskontingenttilvæksten og den dato, hvor den finder anvendelse. Parterne sikrer, at oprindelseskontingenttilvæksten og den dato, hvor den finder anvendelse, offentliggøres.
Revisionsbestemmelse vedrørende tabel C.1, C.2, C.3 og C.4
Efter anmodning fra en part mødes parterne for at revidere kontingenttildelingernes produktdækningsmængder ud fra udviklingen på de relevante markeder og i de relevante sektorer. Parterne kan anbefale revisioner til Udvalget for Handel med Varer.
Afsnit D — Køretøjer
Tabel D.1
Årlig kontingenttildeling for køretøjer, der eksporteres fra Canada til Den Europæiske Union
HS-tarifering
Varebeskrivelse
Tilstrækkelig produktion
Årligt kontingent for eksport fra Canada til Den Europæiske Union (enheder)
8703.21
Andre motorkøretøjer, med forbrændingsmotor med gnisttænding, med frem- og tilbagegående stempel: Med slagvolumen 1 000  cm
3
 og derunder
Produktion, ved hvilken værdien af alle anvendte materialer uden oprindelsesstatus ikke overstiger:
a)
70 procent af produktets transaktionsværdi eller pris ab fabrik; eller
b)
80 procent af nettoomkostningen ved produktet.
100 000
8703.22
Andre motorkøretøjer, med forbrændingsmotor med gnisttænding, med frem- og tilbagegående stempel: Med slagvolumen over 1 000  cm
3
, men ikke over 1 500  cm
3
8703.23
Andre motorkøretøjer, med forbrændingsmotor med gnisttænding, med frem- og tilbagegående stempel: Med slagvolumen over 1 500  cm
3
, men ikke over 3 000  cm
3
8703.24
Andre motorkøretøjer, med forbrændingsmotor med gnisttænding, med frem- og tilbagegående stempel: Med slagvolumen over 3 000  cm
3
8703.31
Andre motorkøretøjer, med forbrændingsmotor med kompressionstænding, med stempel (diesel- eller semidieselmotor): Med slagvolumen 1 500  cm
3
 og derunder
8703.32
Andre motorkøretøjer, med forbrændingsmotor med kompressionstænding, med stempel (diesel- eller semidieselmotor): Med slagvolumen over 1 500  cm
3
, men ikke over 2 500  cm
3
8703.33
Andre motorkøretøjer, med forbrændingsmotor med kompressionstænding, med stempel (diesel- eller semidieselmotor): Med slagvolumen over 2 500  cm
3
8703.90
Andre motorkøretøjer
Note 1:
Parterne er enige om at anvende kumulation med USA i henhold til følgende bestemmelser:
Forudsat at der findes en gældende frihandelsaftale mellem hver part og USA, som er i overensstemmelse med parternes WTO-forpligtelser, og at parterne når frem til en aftale om alle de gældende betingelser, anses ethvert materiale henhørende under kapitel 84, 85, 87 eller 94 i HS med oprindelse i USA, der anvendes i produktionen af et produkt henhørende under underposition 8703.21-8703.90 i HS i Canada eller Den Europæiske Union, for at have oprindelsesstatus. Uden at det berører udfaldet af frihandelsforhandlingerne mellem Den Europæiske Union og USA, omfatter drøftelserne om de gældende betingelser i givet fald konsultationer for at sikre overensstemmelse mellem den beregningsmetode, der er aftalt mellem Den Europæiske Union og USA, og den metode, som finder anvendelse i henhold til denne aftale for produkter henhørende under kapitel 87.
Tabel D.1 ophører derfor med at finde anvendelse et år efter ikrafttrædelsen af en sådan kumulation.
Anvendelse af kumulation og sletning af note 1 offentliggøres i Den Europæiske Unions Tidende til orientering.
Revisionsbestemmelse
Hvis kumulation med USA syv år efter denne aftales ikrafttræden endnu ikke er trådt i kraft, mødes begge parter efter anmodning fra den ene part for at tage disse bestemmelser op til revision.
Alternative produktspecifikke oprindelsesregler for produkter henhørende under position 87.02
For produkter henhørende under position 87.02, der eksporteres fra Canada til Den Europæiske Union, finder følgende oprindelsesregel anvendelse som et alternativ til oprindelsesreglen i bilag 5:
Et skift fra enhver anden position, undtagen fra position 87.06-87.08 eller
Et skift inden for denne position eller position 87.06-87.08, uanset om der er et skift fra enhver anden position, forudsat at værdien af materialer uden oprindelsesstatus henhørende under denne position eller position 87.06-87.08 ikke overstiger 50 procent af produktets transaktionsværdi eller pris ab fabrik.
Denne oprindelsesregel finder anvendelse på virksomheder, der er etableret i Canada, og deres efterfølgere og assignatarer, som har produceret produkter henhørende under position 87.02 i Canada fra afslutningen af forhandlingerne den 1. august 2014.
Note 2:
Parterne er enige om at anvende kumulation med USA i henhold til følgende bestemmelser:
Forudsat at der findes en gældende frihandelsaftale mellem hver part og USA, som er i overensstemmelse med parternes WTO-forpligtelser, og at parterne når frem til en aftale om alle de gældende betingelser, anses ethvert materiale henhørende under kapitel 84, 85, 87 eller 94 i HS med oprindelse i USA, der anvendes i produktionen af et produkt henhørende under position 87.02 i HS i Canada eller Den Europæiske Union, for at have oprindelsesstatus.
De alternative produktspecifikke oprindelsesregler for produkter henhørende under position 87.02 ophører derfor med at finde anvendelse et år efter ikrafttrædelsen af en sådan kumulation.
Anvendelse af kumulation og sletning af note 2 offentliggøres i Den Europæiske Unions Tidende til orientering.
(
1
)
  De produkter, som tabel A.1 finder anvendelse på, skal indeholde mindst 65 nettovægtprocent tilsat rør- eller roesukker henhørende under underposition 1701.91-1701.99. Alt rør- eller roesukker skal være raffineret i Canada.
(
2
)
  For så vidt angår de produkter, som tabel A.1 finder anvendelse på, præciseres det, at der ved tilstrækkelig produktion, jf. denne kolonne, forstås produktion, som er mere vidtgående end utilstrækkelige produktion, jf. artikel 7.
(
3
)
  For så vidt angår oprindelsesreglen for produkter henhørende under underposition 0304.83 præciseres det, at produktionen er mere vidtgående end utilstrækkelig produktion, jf. artikel 7.
(
4
)
  For så vidt angår de produkter, som tabel C.2 finder anvendelse på, præciseres det, at der ved tilstrækkelig produktion, jf. denne kolonne, forstås produktion, som er mere vidtgående end utilstrækkelig produktion, jf. artikel 7.
(
5
)
  For så vidt angår de produkter, som tabel C.4 finder anvendelse på, præciseres det, at der ved tilstrækkelig produktion, jf. denne kolonne, forstås produktion, som er mere vidtgående end utilstrækkelig produktion, jf. artikel 7.
BILAG 6
FÆLLES ERKLÆRING VEDRØRENDE OPRINDELSESREGLER FOR TEKSTILVARER OG BEKLÆDNINGSGENSTANDE
1.
I henhold til denne aftale er handel med tekstilvarer og beklædningsgenstande mellem parterne baseret på princippet om, at dobbelt forarbejdning giver oprindelsesstatus, jf. bilag 5 (Produktspecifikke oprindelsesregler) til protokollen om oprindelsesregler og oprindelsesprocedurer.
2.
Ikke desto mindre er parterne af en række årsager, herunder for at undgå negative kumulative virkninger for EU-producenterne, enige om at fravige punkt 1 ved at give mulighed for begrænsede, gensidige oprindelseskontingenter for tekstilvarer og beklædningsgenstande. Disse oprindelseskontingenter er udtrykt i mængde og tariferet efter produktkategori, og farvning anses for at svare til trykning for en begrænset og klart identificeret vifte af produktkategorier.
3.
Parterne bekræfter, at disse oprindelseskontingenter, der er ekstraordinære, vil blive anvendt i nøje overensstemmelse med protokollen om oprindelsesregler og oprindelsesprocedurer.
BILAG 7
FÆLLES ERKLÆRING VEDRØRENDE FYRSTENDØMMET ANDORRA OG REPUBLIKKEN SAN MARINO
FÆLLES ERKLÆRING VEDRØRENDE FYRSTENDØMMET ANDORRA
1.
Produkter med oprindelse i Fyrstendømmet Andorra henhørende under kapitel 25-97 i HS godtages af Canada som havende oprindelse i Den Europæiske Union i den i denne aftale fastlagte betydning, forudsat at den toldunion, der er etableret ved Rådets afgørelse 90/680/EØF af 26. november 1990 om indgåelse af aftalen i form af brevveksling mellem Det Europæiske Økonomiske Fællesskab og Fyrstendømmet Andorra, stadig er i kraft.
2.
Protokollen om oprindelsesregler og oprindelsesprocedurer finder tilsvarende anvendelse med henblik på at bestemme oprindelsesstatus for de produkter, der er omhandlet i punkt 1 i denne fælles erklæring.
FÆLLES ERKLÆRING VEDRØRENDE REPUBLIKKEN SAN MARINO
1.
Produkter med oprindelse i Republikken San Marino godtages af Canada som havende oprindelse i Den Europæiske Union i den i denne aftale fastlagte betydning, forudsat at disse produkter er omfattet af 
aftalen om samarbejde og om toldunion mellem Det Europæiske Økonomiske Fællesskab og Republikken San Marino
, udfærdiget i Bruxelles den 16. december 1991, og at denne stadig er i kraft.
2.
Protokollen om oprindelsesregler og oprindelsesprocedurer finder tilsvarende anvendelse med henblik på at bestemme oprindelsesstatus for de produkter, der er omhandlet i punkt 1 i denne fælles erklæring.
Protokol om gensidig anerkendelse af resultaterne af overensstemmelsesvurdering
Artikel 1
Definitioner
Medmindre andet er fastsat, finder definitionerne i bilag 1 til TBT-aftalen anvendelse på denne protokol. Definitionerne i sjette udgave af ISO/IEC Guide 2: 1991 General Terms and Their Definitions Concerning Standardization and Related Activities (DS/EN 45020:2007, Standardisering og relaterede aktiviteter — Generel ordliste) finder imidlertid ikke anvendelse på denne protokol. Desuden gælder følgende supplerende definitioner:
akkreditering
: attestering foretaget af tredjemand vedrørende et overensstemmelsesvurderingsorgan som bevis for organets kompetence til at udføre specifikke overensstemmelsesvurderingsopgaver
akkrediteringsorgan
: et kompetent organ, der foretager akkreditering 
(
1
)
attestering
: udstedelse af en erklæring på grundlag af en beslutning truffet efter en undersøgelse, hvorved det bekræftes, at specifikke tekniske krav er opfyldt
canadisk teknisk forskrift
: en teknisk forskrift udstedt af den statslige forvaltning i Canada eller af en/et eller flere af landets provinser eller territorier
overensstemmelsesvurdering
: en proces, hvorved det afgøres, om de relevante krav i tekniske forskrifter er opfyldt. I forbindelse med denne protokol omfatter overensstemmelsesvurdering ikke akkreditering.
overensstemmelsesvurderingsorgan
: et organ, der udfører overensstemmelsesvurderingsopgaver, herunder kalibrering, afprøvning, certificering og inspektion
afgørelse nr. 768/2008/EF
: Europa-Parlamentets og Rådets afgørelse nr. 768/2008/EF af 9. juli 2008 om fælles rammer for markedsføring af produkter og om ophævelse af Rådets afgørelse 93/465/EØF
europæisk teknisk forskrift
: en teknisk forskrift udstedt af Den Europæiske Union og enhver foranstaltning indført af en medlemsstat som led i gennemførelsen af et EU-direktiv
internt organ
: et overensstemmelsesvurderingsorgan, der udfører overensstemmelsesvurderingsopgaver for den enhed, som det er en del af, som f.eks. for Den Europæiske Unions og dens medlemsstaters vedkommende, et akkrediteret internt organ, der opfylder kravene i artikel R21 i bilag I til afgørelse nr. 768/2008/EF eller de tilsvarende krav i en senere retsakt
lovligt mål
: lovligt mål som omhandlet i TBT-aftalens artikel 2.2
aftalen om gensidig anerkendelse
: aftalen om gensidig anerkendelse mellem Det Europæiske Fællesskab og Canada, indgået den 14. maj 1998 i London
tredjemandsoverensstemmelsesvurdering
: overensstemmelsesvurdering, der foretages af en person eller et organ, som er uafhængig(t) af den person eller organisation, der leverer produktet, og af brugernes interesser i produktet
tredjemandsoverensstemmelsesvurderingsorgan
: et overensstemmelsesvurderingsorgan, der foretager tredjemandsoverensstemmelsesvurderinger.
Artikel 2
Anvendelsesområde og undtagelser
1.   Denne protokol finder anvendelse på de i bilag 1 opførte varekategorier, for hvilke en part anerkender ikke-statslige organer med henblik på vurdering af varernes overensstemmelse med partens tekniske forskrifter.
2.   Senest tre år efter denne aftales ikrafttræden rådfører parterne sig med hinanden med henblik på at udvide denne protokols anvendelsesområde gennem en ændring af bilag 1, så det kommer til at omfatte yderligere varekategorier, for hvilke en part har anerkendt ikke-statslige organer med henblik på vurdering af de pågældende varers overensstemmelse med partens tekniske forskrifter ved eller før denne aftales ikrafttræden. Bilag 2 indeholder prioriterede varekategorier, som kan overvejes medtaget i bilag 1.
3.   Parterne overvejer velvilligt at lade denne protokol finde anvendelse på yderligere varekategorier, der kan underkastes tredjemandsoverensstemmelsesvurdering foretaget af anerkendte ikke-statslige organer, som følge af, at en part har indført tekniske forskrifter efter datoen for denne aftales ikrafttræden. Med henblik herpå giver parten straks den anden part skriftlig underretning om enhver sådan teknisk forskrift, der indføres efter denne aftales ikrafttræden. Hvis den anden part ønsker en ny varekategori medtaget i bilag 1, men den underrettende part ikke indvilliger heri, skal denne efter anmodning fra den anden part begrunde sit afslag på at udvide protokollens anvendelsesområde.
4.   Hvis parterne i overensstemmelse med stk. 2 eller 3 beslutter at medtage yderligere varekategorier i bilag 1, skal de i henhold til artikel 18, litra c), anmode Udvalget for Varehandel om at indstille til Det Blandede CETA-Udvalg at ændre bilag 1.
5.   Denne protokol finder ikke anvendelse:
a)
på sundheds- og plantesundhedsforanstaltninger som defineret i bilag A til SPS-aftalen
b)
på specifikationer vedrørende indkøb udarbejdet af et statsligt organ med henblik på egen produktion eller eget forbrug
c)
på aktiviteter, der udføres af et ikke-statsligt organ på vegne af en markedsovervågningsmyndighed eller en retshåndhævende myndighed med henblik på overvågning og håndhævelse efter markedsføringen, jf. dog artikel 11
d)
hvis en part har givet et enkelt ikke-statsligt organ enebeføjelse til at vurdere varers overensstemmelse med partens tekniske forskrifter
e)
på landbrugsprodukter
f)
på vurdering af luftfartssikkerhed, uanset om dette aspekt er omfattet af aftalen om 
civil luftfartssikkerhed mellem Canada og Det Europæiske Fællesskab
, indgået den 6. maj 2009 i Prag, og
g)
på lovbestemt inspektion og certificering af skibe, bortset fra fritidsfartøjer.
6.   Denne protokol kræver ikke, at en part anerkender eller godtager den anden parts tekniske forskrifter som ækvivalente med sine egne.
7.   Denne protokol begrænser ikke en parts kompetence til at udarbejde, indføre, anvende eller ændre overensstemmelsesvurderingsprocedurer i overensstemmelse med TBT-aftalens artikel 5.
8.   Denne protokol hverken berører eller ændrer de retsforskrifter og krav, der gælder for civilretligt ansvar på en parts territorium.
Artikel 3
Anerkendelse af overensstemmelsesvurderingsorganer
1.   Canada anerkender et overensstemmelsesvurderingsorgan, der er etableret i Den Europæiske Union, som kompetent til at vurdere overensstemmelse med specifikke canadiske tekniske forskrifter på vilkår, der ikke er mindre gunstige end dem, der gælder for anerkendelse af overensstemmelsesvurderingsorganer, som er etableret i Canada, forudsat at følgende betingelser er opfyldt:
a)
overensstemmelsesvurderingsorganet er af et akkrediteringsorgan, som Canada anerkender, akkrediteret som kompetent til at vurdere overensstemmelse med de pågældende specifikke canadiske tekniske forskrifter, eller
b)
i)
det i Den Europæiske Union etablerede overensstemmelsesvurderingsorgan er af et akkrediteringsorgan, som er anerkendt i medfør af artikel 12 eller 15, akkrediteret som kompetent til at vurdere overensstemmelse med de pågældende specifikke canadiske tekniske forskrifter
ii)
det i Den Europæiske Union etablerede overensstemmelsesvurderingsorgan er udpeget af en EU-medlemsstat i overensstemmelse med procedurerne i artikel 5
iii)
der er ingen uafklarede indsigelser, jf. artikel 6
iv)
den i overensstemmelse med procedurerne i artikel 5 foretagne udpegelse er ikke trukket tilbage af en EU-medlemsstat, og
v)
efter udløbet af den i artikel 6, stk. 1 eller 2, omhandlede frist på 30 dage opfylder det i Den Europæiske Union etablerede overensstemmelsesvurderingsorgan fortsat alle de betingelser, der er omhandlet i artikel 5, stk. 5.
2.   Den Europæiske Union anerkender et tredjemandsoverensstemmelsesvurderingsorgan, der er etableret i Canada, som kompetent til at vurdere overensstemmelse med specifikke europæiske tekniske forskrifter på vilkår, der ikke er mindre gunstige end dem, der gælder for anerkendelse af tredjemandsoverensstemmelsesvurderingsorganer, som er etableret i Den Europæiske Union, forudsat at følgende betingelser er opfyldt:
a)
i)
overensstemmelsesvurderingsorganet er af et akkrediteringsorgan, der er udpeget af en EU-medlemsstat, akkrediteret som kompetent til at vurdere overensstemmelse med de pågældende specifikke europæiske tekniske forskrifter
ii)
det i Canada etablerede tredjemandsoverensstemmelsesvurderingsorgan er udpeget af Canada i overensstemmelse med procedurerne i artikel 5
iii)
der er ingen uafklarede indsigelser, jf. artikel 6
iv)
den i overensstemmelse med procedurerne i artikel 5 foretagne udpegelse er ikke trukket tilbage af Canada, og
v)
efter udløbet af den i artikel 6, stk. 1 eller 2, omhandlede frist på 30 dage opfylder det i Canada etablerede tredjemandsoverensstemmelsesvurderingsorgan fortsat alle de betingelser, der er omhandlet i artikel 5, stk. 2, eller
b)
i)
det i Canada etablerede tredjemandsoverensstemmelsesvurderingsorgan er af et akkrediteringsorgan, som er anerkendt i medfør af artikel 12 eller 15, akkrediteret som kompetent til at vurdere overensstemmelse med de pågældende specifikke europæiske tekniske forskrifter
ii)
det i Canada etablerede tredjemandsoverensstemmelsesvurderingsorgan er udpeget af Canada i overensstemmelse med procedurerne i artikel 5
iii)
der er ingen uafklarede indsigelser, jf. artikel 6
iv)
den i overensstemmelse med procedurerne i artikel 5 foretagne udpegelse er ikke trukket tilbage af Canada, og
v)
efter udløbet af den i artikel 6, stk. 1 eller 2, omhandlede frist på 30 dage opfylder det i Canada etablerede tredjemandsoverensstemmelsesvurderingsorgan fortsat alle de betingelser, der er omhandlet i artikel 5, stk. 2.
3.   Parterne fører og offentliggør hver især en liste over anerkendte overensstemmelsesvurderingsorganer med angivelse af det dækningsområde, for hvilket hvert enkelt organ er anerkendt. Den Europæiske Union tildeler overensstemmelsesvurderingsorganer, som er etableret i Canada og anerkendt i henhold til denne protokol, et identifikationsnummer og opfører dem i Den Europæiske Unions informationssystem »New Approach Notified and Designated Organisations« (NANDO) eller et senere system.
Artikel 4
Akkreditering af overensstemmelsesvurderingsorganer
Parterne anerkender, at et overensstemmelsesvurderingsorgan skal søge akkreditering hos et akkrediteringsorgan, der befinder sig på det territorium, hvor overensstemmelsesvurderingsorganet er etableret, forudsat at det pågældende akkrediteringsorgan er anerkendt i medfør af artikel 12 eller 15 som kompetent til at give den specifikke akkreditering, som overensstemmelsesvurderingsorganet søger. Hvis der på en parts territorium ikke er noget akkrediteringsorgan, som er anerkendt i medfør af artikel 12 eller 15 som kompetent til at give en specifik akkreditering, der søges af et overensstemmelsesvurderingsorgan, som er etableret på den pågældende parts territorium:
a)
træffer parterne hver især sådanne rimelige foranstaltninger, som de måtte råde over, for at sikre, at akkrediteringsorganer på deres territorium akkrediterer overensstemmelsesvurderingsorganer, som er etableret på den anden parts territorium, på vilkår, som ikke er mindre gunstige end dem, der gælder for overensstemmelsesvurderingsorganer, der er etableret på deres eget territorium
b)
indfører eller opretholder en part ikke foranstaltninger, der begrænser de på dens territorium etablerede akkrediteringsorganers kompetence til at akkreditere — eller afholder disse akkrediteringsorganer fra at akkreditere — overensstemmelsesvurderingsorganer, der er etableret på den anden parts territorium, på vilkår, som ikke er mindre gunstige end dem, der gælder for akkreditering af overensstemmelsesvurderingsorganer, som er etableret på den anerkendende parts territorium
c)
indfører eller opretholder en part ikke foranstaltninger, der påbyder akkrediteringsorganer på dens territorium at anvende betingelser for akkreditering af overensstemmelsesvurderingsorganer på den anden parts territorium, som er mindre gunstige end dem, der gælder for akkreditering af overensstemmelsesvurderingsorganer på dens eget territorium, eller som tilskynder dem hertil.
Artikel 5
Udpegelse af overensstemmelsesvurderingsorganer
1.   En part udpeger et overensstemmelsesvurderingsorgan ved at underrette kontaktpunktet i den anden part og sende de i bilag 3 omhandlede oplysninger til dette kontaktpunkt. Den Europæiske Union tillader Canada at anvende Den Europæiske Unions elektroniske notifikationsværktøj til dette formål.
2.   Når Canada udpeger et overensstemmelsesvurderingsorgan, skal dette opfylde følgende betingelser, og Canada træffer alle rimelige foranstaltninger til at sikre, at disse betingelser bliver ved med at være opfyldt:
a)
overensstemmelsesvurderingsorganet opfylder kravene i artikel R17 i bilag I til afgørelse nr. 768/2008/EF eller de tilsvarende krav i senere retsakter, dog forstås med henblik på denne protokol ved oprettelse i henhold til »national lovgivning« oprettelse i henhold til »canadisk lovgivning«, og
b)
i)
overensstemmelsesvurderingsorganet er af et akkrediteringsorgan, der er udpeget af en EU-medlemsstat, akkrediteret som kompetent til at vurdere overensstemmelse med de europæiske tekniske forskrifter, for hvilke overensstemmelsesvurderingsorganet udpeges, eller
ii)
overensstemmelsesvurderingsorganet er af et akkrediteringsorgan, der er etableret i Canada og anerkendt i medfør af artikel 12 eller 15, akkrediteret som kompetent til at vurdere overensstemmelse med de europæiske tekniske forskrifter, for hvilke overensstemmelsesvurderingsorganet udpeges.
3.   Parterne anser de i henhold til artikel R17 i bilag I til afgørelse nr. 768/2008/EF gældende krav for at være opfyldt, når overensstemmelsesvurderingsorganet er akkrediteret efter en af procedurerne i stk. 2, litra b), og hvis akkrediteringsorganet som en betingelse for akkrediteringen kræver, at overensstemmelsesvurderingsorganet opfylder krav, der svarer til de i henhold til artikel R17 i bilag I til afgørelse nr. 768/2008/EF gældende krav eller tilsvarende krav i senere retsakter.
4.   Hvis Den Europæiske Union påtænker at ændre kravene i artikel R17 i bilag I til afgørelse nr. 768/2008/EF, rådfører den sig med Canada tidligst muligt i revisionsforløbet og under hele dette for at sikre, at overensstemmelsesvurderingsorganer på Canadas territorium fortsat opfylder de eventuelt ændrede krav på vilkår, som ikke er mindre gunstige end dem, der gælder for overensstemmelsesvurderingsorganer på Den Europæiske Unions territorium.
5.   Når en EU-medlemsstat udpeger et overensstemmelsesvurderingsorgan, skal dette opfylde følgende betingelser, og EU-medlemsstaten træffer alle rimelige foranstaltninger til at sikre, at disse betingelser bliver ved med at være opfyldt:
a)
overensstemmelsesvurderingsorganet er etableret på medlemsstatens territorium, og
b)
i)
overensstemmelsesvurderingsorganet er af et akkrediteringsorgan, som Canada anerkender, akkrediteret som kompetent til at vurdere overensstemmelse med de canadiske tekniske forskrifter, for hvilke overensstemmelsesvurderingsorganet udpeges, eller
ii)
overensstemmelsesvurderingsorganet er af et akkrediteringsorgan, der er etableret i Den Europæiske Union og anerkendt i medfør af artikel 12 eller 15, akkrediteret som kompetent til at vurdere overensstemmelse med de canadiske tekniske forskrifter, for hvilke overensstemmelsesvurderingsorganet udpeges.
6.   En part kan afvise at anerkende et overensstemmelsesvurderingsorgan, der ikke opfylder betingelserne i stk. 2 eller 5, alt efter hvad der måtte være relevant.
Artikel 6
Indsigelse mod udpegelsen af overensstemmelsesvurderingsorganer
1.   En part kan gøre indsigelse mod udpegelsen af et overensstemmelsesvurderingsorgan senest 30 dage efter at være blevet underrettet af den anden part i medfør af artikel 5, stk. 1, hvis:
a)
den part, der har udpeget overensstemmelsesvurderingsorganet, ikke har givet de i bilag 3 omhandlede oplysninger, eller
b)
parten har grund til at tro, at det overensstemmelsesvurderingsorgan, der er udpeget, ikke opfylder betingelserne i artikel 5, stk. 2 eller 5.
2.   En part kan, når den anden part efterfølgende har indsendt oplysninger, gøre indsigelse senest 30 dage efter modtagelsen af oplysningerne, hvis disse fortsat ikke på tilstrækkelig vis godtgør, at det udpegede overensstemmelsesvurderingsorgan opfylder betingelserne i artikel 5, stk. 2 eller 5.
Artikel 7
Anfægtelse af udpegelsen af overensstemmelsesvurderingsorganer
1.   En part, der har anerkendt et overensstemmelsesvurderingsorgan i henhold til denne protokol, kan anfægte det pågældende overensstemmelsesvurderingsorgans kompetence, hvis:
a)
den part, der har udpeget overensstemmelsesvurderingsorganet, ikke har truffet de i artikel 11, stk. 3, krævede foranstaltninger efter en underretning fra den anden part om, at et produkt, der af det pågældende overensstemmelsesvurderingsorgan var blevet vurderet som værende i overensstemmelse med de gældende tekniske forskrifter, ikke overholder disse tekniske forskrifter, eller
b)
parten har grund til at tro, at resultaterne af de af det pågældende overensstemmelsesvurderingsorgan udførte overensstemmelsesvurderingsopgaver ikke giver tilstrækkelig sikkerhed for, at de produkter, som organet har vurderet som værende i overensstemmelse med de gældende tekniske forskrifter, reelt overholder disse tekniske forskrifter.
2.   En part, der anfægter et anerkendt overensstemmelsesvurderingsorgans kompetence i henhold til denne protokol, underretter straks den part, der har udpeget overensstemmelsesvurderingsorganet, herom og giver en begrundelse for anfægtelsen.
3.   En part, der:
a)
har anfægtet et anerkendt overensstemmelsesvurderingsorgans kompetence i henhold til denne protokol og
b)
har velunderbyggede grunde til at tro, at de produkter, der af det pågældende overensstemmelsesvurderingsorgan er vurderet som værende i overensstemmelse med de gældende tekniske forskrifter, ikke opfylder dens tekniske forskrifter,
kan nægte at godtage resultaterne af det pågældende overensstemmelsesvurderingsorgans overensstemmelsesvurderingsopgaver, indtil anfægtelsen er afklaret eller den anerkendende part er ophørt med at anerkende overensstemmelsesvurderingsorganet i overensstemmelse med stk. 5.
4.   Parterne samarbejder og gør en rimelig indsats for at afklare anfægtelsen hurtigt.
5.   Uden at det berører stk. 3, kan den anerkendende part ophøre med at anerkende det overensstemmelsesvurderingsorgan, hvis kompetence er anfægtet, hvis:
a)
parterne afklarer anfægtelsen, idet de fastslår, at den anerkendende parts betænkeligheder med hensyn til overensstemmelsesvurderingsorganets kompetence er velbegrundede
b)
den part, der har udpeget overensstemmelsesvurderingsorganet, ikke har truffet de i artikel 11, stk. 3, krævede foranstaltninger senest 60 dage efter at være blevet underrettet i medfør af stk. 1, litra a), eller
c)
den anerkendende part over for den anden part objektivt godtgør, at resultaterne af de af det pågældende overensstemmelsesvurderingsorgan udførte overensstemmelsesvurderingsopgaver ikke giver tilstrækkelig sikkerhed for, at de produkter, som organet har vurderet som værende i overensstemmelse med de gældende tekniske forskrifter, reelt overholder disse tekniske forskrifter, og
d)
anfægtelsen ikke er afklaret senest 120 dage efter, at den part, der har udpeget overensstemmelsesvurderingsorganet, blev underrettet om anfægtelsen i medfør af stk. 1.
Artikel 8
Tilbagetrækning af overensstemmelsesvurderingsorganer
1.   En part trækker sin udpegelse af et overensstemmelsesvurderingsorgan tilbage eller ændrer eventuelt udpegelsens dækning, hvis den konstaterer, at:
a)
overensstemmelsesvurderingsorganets akkreditering er blevet reduceret i omfang
b)
overensstemmelsesvurderingsorganets akkreditering udløber
c)
overensstemmelsesvurderingsorganet ikke længere opfylder betingelserne i artikel 5, stk. 2 eller 5, eller
d)
overensstemmelsesvurderingsorganet ikke længere er villigt eller på anden måde ikke længere er kompetent eller i stand til at vurdere overensstemmelse inden for det dækningsområde, som det er udpeget til.
2.   En part underretter skriftligt den anden part om en udpegelses tilbagetrækning eller en ændring af dens dækning i henhold til stk. 1.
3.   Når en part trækker udpegelsen af et overensstemmelsesvurderingsorgan tilbage eller ændrer udpegelsens dækning på grund af betænkeligheder ved overensstemmelsesvurderingsorganets kompetence eller fortsatte opfyldelse af de krav, der stilles til det, og det ansvar, der påhviler det i henhold til artikel 5, begrunder den skriftligt sin beslutning over for den anden part.
4.   En part anfører i sin kommunikation med den anden part, fra hvilken dato den skønner, at en eller flere af de i stk. 1 eller 3 nævnte betingelser eller betænkeligheder har gjort sig gældende for overensstemmelsesvurderingsorganet.
5.   Uden at det berører artikel 7, stk. 5, kan den anerkendende part straks ophøre med at anerkende overensstemmelsesvurderingsorganet som kompetent, hvis:
a)
overensstemmelsesvurderingsorganets akkreditering udløber
b)
overensstemmelsesvurderingsorganet af egen drift trækker sin anerkendelse tilbage
c)
udpegelsen af overensstemmelsesvurderingsorganet trækkes tilbage i medfør af denne artikel
d)
overensstemmelsesvurderingsorganet ophører med at være etableret på den anden parts territorium, eller
e)
den anerkendende part i medfør af artikel 13 eller 14 ophører med at anerkende det akkrediteringsorgan, der har akkrediteret overensstemmelsesvurderingsorganet.
Artikel 9
Godtagelse af resultaterne af anerkendte overensstemmelsesvurderingsorganers overensstemmelsesvurdering
1.   En part godtager resultaterne af overensstemmelsesvurderingsopgaver udført af overensstemmelsesvurderingsorganer, der er etableret på den anden parts territorium, og som parten anerkender i overensstemmelse med artikel 3, på vilkår, der ikke er mindre gunstige end dem, der gælder for resultaterne af overensstemmelsesvurderingsopgaver udført af anerkendte overensstemmelsesvurderingsorganer på dens eget territorium. Parten godtager disse resultater uanset leverandørens eller fabrikantens nationalitet og beliggenhed og uanset, i hvilket land det produkt, for hvilket der er udført overensstemmelsesvurderingsopgaver, har oprindelse.
2.   Hvis en part er ophørt med at anerkende et overensstemmelsesvurderingsorgan, der er etableret på den anden parts territorium, kan den ophøre med at godtage resultaterne af overensstemmelsesvurderingsopgaver udført af det pågældende overensstemmelsesvurderingsorgan, fra den dato, hvor den ophørte med at anerkende organet. Medmindre parten har grund til at tro, at det på den anden parts territorium etablerede overensstemmelsesvurderingsorgan ikke var kompetent til at vurdere produkters overensstemmelse med partens tekniske forskrifter før den dato, hvor parten ophørte med at anerkende det pågældende overensstemmelsesvurderingsorgan, godtager parten fortsat resultaterne af overensstemmelsesvurderingsopgaver udført af organet før den dato, hvor parten ophørte med at anerkende det, selv om produkterne måtte være markedsført i parten efter denne dato.
Artikel 10
Godtagelse af resultater af overensstemmelsesvurdering foretaget af interne organer etableret i Canada
1.   Den Europæiske Union godtager resultaterne af overensstemmelsesvurderingsopgaver udført af et akkrediteret internt organ, der er etableret i Canada, på vilkår, der ikke er mindre gunstige end dem, der gælder for resultaterne af overensstemmelsesvurderingsopgaver udført af et akkrediteret internt organ, der er etableret på en EU-medlemsstats territorium, forudsat at:
a)
det i Canada etablerede interne organ af et akkrediteringsorgan, der er udpeget af en EU-medlemsstat, er akkrediteret som kompetent til at vurdere overensstemmelse med de pågældende tekniske forskrifter, eller
b)
det i Canada etablerede interne organ af et akkrediteringsorgan, som er anerkendt i medfør af artikel 12 eller 15, er akkrediteret som kompetent til at vurdere overensstemmelse med de pågældende tekniske forskrifter.
2.   Hvis Canada på datoen for denne aftales ikrafttræden ikke har nogen overensstemmelsesvurderingsprocedure, i henhold til hvilken interne organer skal udføre overensstemmelsesvurderingsopgaver, og Canada efter datoen for denne aftales ikrafttræden påtænker at udvikle overensstemmelsesvurderingsprocedurer, i henhold til hvilke interne organer skal udføre overensstemmelsesvurderingsopgaver, rådfører landet sig med Den Europæiske Union tidligst muligt i forløbet med fastsættelse af bestemmelser og under hele dette for at sikre, at interne organer etableret i Den Europæiske Union kan opfylde de krav, der fastlægges i de pågældende bestemmelser, på vilkår, der ikke er mindre gunstige end dem, der gælder for interne organer etableret i Canada.
3.   De resultater, der følger af stk. 1 og 2, godtages, uanset i hvilket land det produkt, for hvilket der er udført overensstemmelsesvurderingsopgaver, har oprindelse.
Artikel 11
Markedsovervågning, håndhævelse og sikkerhedsforanstaltninger
1.   Bortset fra toldprocedurer sikrer en part, at aktiviteter, der udføres af markedsovervågnings- eller håndhævelsesmyndigheder med henblik på inspektion eller kontrol af overensstemmelse med gældende tekniske forskrifter for produkter, som er vurderet af et anerkendt overensstemmelsesvurderingsorgan etableret på den anden parts territorium eller af et internt organ, der opfylder betingelserne i artikel 10, udføres på vilkår, der ikke er mindre gunstige end dem, der gælder for produkter, som er vurderet af overensstemmelsesvurderingsorganer på den anerkendende parts territorium. Parterne samarbejder alt efter behov om udførelsen af disse aktiviteter.
2.   Hvis et produkts markedsføring eller anvendelse på markedet kan bringe gennemførelsen af et lovligt mål i fare, kan en part indføre eller opretholde foranstaltninger over for produktet, forudsat at de er forenelige med denne aftale. Der kan bl.a. være tale om tilbagetrækning af produktet fra markedet, forbud mod dets markedsføring eller anvendelse på markedet eller begrænsning af dets bevægelighed på markedet. En part, der indfører eller opretholder sådanne foranstaltninger, underretter straks den anden part og angiver efter anmodning fra den anden part sin begrundelse for at indføre eller opretholde disse foranstaltninger.
3.   En part skal, efter at have modtaget en skriftlig klage fra den anden part — der skal være underbygget med beviser — i henhold til hvilken produkter, der er vurderet af et overensstemmelsesvurderingsorgan, som parten har udpeget, ikke overholder de gældende tekniske forskrifter:
a)
straks indhente supplerende oplysninger hos det udpegede overensstemmelsesvurderingsorgan, dets akkrediteringsorgan og relevante erhvervsdrivende, hvis det er nødvendigt
b)
behandle klagen, og
c)
give den anden part et skriftligt svar på klagen.
4.   En part kan foretage handlingerne i stk. 3 gennem et akkrediteringsorgan.
Artikel 12
Anerkendelse af akkrediteringsorganer
1.   En part (»den anerkendende part«) kan i overensstemmelse med proceduren i stk. 2 og 3 anerkende et akkrediteringsorgan, der er etableret på den anden parts territorium (»den udnævnende part«), som kompetent til at akkreditere overensstemmelsesvurderingsorganer som kompetente til at vurdere overensstemmelse med den anerkendende parts relevante tekniske forskrifter.
2.   Den udnævnende part kan anmode den anden part om at anerkende et akkrediteringsorgan, der er etableret på dens territorium, som kompetent ved at tilsende den anerkendende part følgende oplysninger om det pågældende akkrediteringsorgan (»det udnævnte akkrediteringsorgan«):
a)
dets benævnelse, adresse og kontaktoplysninger
b)
bevis for, at det har statslig bemyndigelse
c)
hvorvidt det handler på ikke-kommercielt og ikke-konkurrenceudsat grundlag
d)
bevis for dets uafhængighed af de overensstemmelsesvurderingsorganer, det evaluerer, og af kommercielle interesser for at sikre, at der ikke opstår interessekonflikter med overensstemmelsesvurderingsorganer
e)
bevis for, at det er organiseret og drives på en sådan måde, at det kan udøve sin virksomhed objektivt og uvildigt, og at de indhentede oplysninger behandles fortroligt
f)
bevis for, at afgørelser om attestering af overensstemmelsesvurderingsorganers kompetence træffes af en kompetent person, som ikke må være en af dem, der forestår evalueringen.
g)
det dækningsområde, for hvilket det ønskes anerkendt
h)
bevis for dets kompetence til at akkreditere overensstemmelsesvurderingsorganer inden for det dækningsområde, for hvilket det ønskes anerkendt, med henvisning til gældende internationale standarder, retningslinjer og anbefalinger samt gældende europæiske eller canadiske standarder, tekniske forskrifter og overensstemmelsesvurderingsprocedurer
i)
bevis for, at dets interne procedurer sikrer en effektiv forvaltning og passende intern kontrol, herunder at det har procedurer til dokumentering af medarbejdernes opgaver, ansvarsområder og beføjelser, når disse medarbejdere kan påvirke kvaliteten af evalueringen og kompetenceattesteringen
j)
bevis for det antal kompetente personalemedlemmer, det råder over, hvilket skal være tilstrækkeligt til, at det kan udføre sine opgaver korrekt, og for de procedurer, det har til overvågning af arbejdsindsats og kompetence hos de medarbejdere, der beskæftiger sig med akkreditering
k)
hvorvidt det er udpeget til det dækningsområde, for hvilket det ønskes anerkendt på den udnævnende parts territorium
l)
bevis for dets status som medunderskriver af den internationale akkrediteringsorganisation ILAC's eller det internationale akkrediteringsforum IAF's multilaterale aftale om gensidig anerkendelse og lignende regionale aftaler, og
m)
alle andre oplysninger, som parterne måtte anse for nødvendige.
3.   Parterne erkender, at der kan være forskelle på deres respektive standarder, tekniske forskrifter og overensstemmelsesvurderingsprocedurer. Når sådanne forskelle forekommer, kan den anerkendende part ønske at forsikre sig om, at det udnævnte akkrediteringsorgan er kompetent til at akkreditere overensstemmelsesvurderingsorganer som kompetente til at vurdere overensstemmelse med den anerkendende parts relevante tekniske forskrifter. Den anerkendende part kan forsikre sig herom på grundlag af følgende:
a)
en ordning, hvorved der etableres et samarbejde mellem de europæiske og canadiske akkrediteringssystemer
eller, hvis der ikke findes en sådan ordning,
b)
en samarbejdsordning mellem det udnævnte akkrediteringsorgan og et akkrediteringsorgan, der er anerkendt som kompetent af den anerkendende part.
4.   Som følge af en anmodning i henhold til stk. 2 og med forbehold af stk. 3 anerkender en part et kompetent akkrediteringsorgan, der er etableret på den anden parts territorium, på vilkår, der ikke er mindre gunstige en dem, der gælder for anerkendelse af akkrediteringsorganer, der er etableret på dens eget territorium.
5.   Den anerkendende part besvarer skriftligt en anmodning i henhold til stk. 2 inden for højst 60 dage og oplyser følgende i sit svar:
a)
at den anerkender den udnævnende parts akkrediteringsorgan som kompetent til at akkreditere overensstemmelsesvurderingsorganer for det foreslåede dækningsområde
b)
at den vil anerkende den udnævnende parts akkrediteringsorgan som kompetent til at akkreditere overensstemmelsesvurderingsorganer for det foreslåede dækningsområde efter en række nødvendige lovgivningsmæssige ændringer. Et sådant svar skal indeholde en redegørelse for de fornødne ændringer og et skøn over, hvor lang tid det vil tage, inden ændringerne kan træde i kraft
c)
at den udnævnende part ikke har givet de i stk. 2 omhandlede oplysninger. Et sådant svar skal indeholde en angivelse af, hvilke oplysninger der mangler, eller
d)
at den ikke anerkender det udnævnte akkrediteringsorgan som kompetent til at akkreditere overensstemmelsesvurderingsorganer for det foreslåede dækningsområde. En sådan erklæring skal begrundes på en objektiv og rationel måde, og det skal udtrykkeligt fremgå, på hvilke betingelser anerkendelsen kan gives.
6.   Parterne offentliggør hver især navnene på de af den anden parts akkrediteringsorganer, som de anerkender, og for hvert akkrediteringsorgan dækningen af de tekniske forskrifter, for hvilken de anerkender det pågældende akkrediteringsorgan.
Artikel 13
Ophør med anerkendelse af akkrediteringsorganer
Hvis et akkrediteringsorgan, som en part har anerkendt i medfør af artikel 12, ophører med at være medunderskriver af en multilateral eller regional aftale som omhandlet i artikel 12, stk. 2, litra l), eller af en samarbejdsordning af den i artikel 12, stk. 3, omhandlede type, kan den anerkendende part ophøre med at anerkende både akkrediteringsorganet og de overensstemmelsesvurderingsorganer, der måtte være blevet anerkendt alene på grundlag af en akkreditering givet af det pågældende akkrediteringsorgan, som kompetente.
Artikel 14
Anfægtelse af anerkendelsen af akkrediteringsorganer
1.   Den anerkendende part kan anfægte et akkrediteringsorgans kompetence, som den har anerkendt det i henhold til artikel 12, stk. 5, litra a) eller b), med henvisning til, at akkrediteringsorganet ikke længere er kompetent til at akkreditere overensstemmelsesvurderingsorganer som kompetente til at vurdere overensstemmelse med den anerkendende parts relevante tekniske forskrifter, jf. dog artikel 13. Den anerkendende part underretter straks den udnævnende part om anfægtelsen og begrunder denne på en objektiv og rationel måde.
2.   Parterne samarbejder og gør en rimelig indsats for at afklare anfægtelsen hurtigt. Hvis der findes en samarbejdsordning som omhandlet i artikel 12, stk. 3, sørger parterne for, at de europæiske og canadiske akkrediteringssystemer eller -organer, jf. artikel 12, stk. 3, bestræber sig på at afklare anfægtelsen på parternes vegne.
3.   Den anerkendende part kan ophøre med at anerkende det udnævnte akkrediteringsorgan, hvis kompetence er anfægtet, og overensstemmelsesvurderingsorganer, der måtte være blevet anerkendt alene på grundlag af en akkreditering givet af det pågældende akkrediteringsorgan, hvis:
a)
parterne, herunder gennem de europæiske og canadiske akkrediteringssystemer, afklarer anfægtelsen, idet de fastslår, at den anerkendende parts betænkeligheder med hensyn til det udnævnte akkrediteringsorgans kompetence er velbegrundede, eller
b)
den anerkendende part over for den anden part objektivt godtgør, at akkrediteringsorganet ikke længere er kompetent til at akkreditere overensstemmelsesvurderingsorganer som kompetente til at vurdere overensstemmelse med den anerkendende parts relevante tekniske forskrifter, og
c)
anfægtelsen ikke er afklaret, senest 120 dage efter at den udnævnende part blev underrettet om anfægtelsen.
Artikel 15
Anerkendelse af akkrediteringsorganer inden for telekommunikation og elektromagnetisk kompatibilitet
Fra datoen for denne protokols ikrafttræden og for tekniske forskrifter vedrørende teleterminaludstyr, IT-udstyr, apparater til radiokommunikation og elektromagnetisk kompatibilitet omfatter akkrediteringsorganer anerkendt af:
a)
Canada:
i)
for så vidt angår prøvningslaboratorier alle de af EU-medlemsstaternes nationale akkrediteringsorganer, der er medunderskrivere af ILAC's multilaterale aftale om gensidig anerkendelse, og
ii)
for så vidt angår certificeringsorganer alle de af EU-medlemsstaternes nationale akkrediteringsorganer, der er medunderskrivere af IAF's multilaterale aftale om gensidig anerkendelse
b)
Den Europæiske Union: det canadiske standardiseringsråd eller dettes efterfølger.
Artikel 16
Overgang fra aftalen om gensidig anerkendelse
Parterne er enige om, at et overensstemmelsesvurderingsorgan, der er udpeget i henhold til aftalen om gensidig anerkendelse, automatisk er et anerkendt overensstemmelsesvurderingsorgan i henhold til denne protokol på datoen for nærværende aftales ikrafttræden.
Artikel 17
Kommunikation
1.   Parterne udpeger hver især kontaktpunkter med ansvar for kommunikationen med den anden part vedrørende spørgsmål, der måtte opstå i forbindelse med denne protokol.
2.   Kontaktpunkterne kan kommunikere med hinanden pr. elektronisk mail, videokonference eller ethvert andet middel, som de måtte blive enige om.
Artikel 18
Forvaltning af denne protokol
I forbindelse med denne protokol har Udvalget for Varehandel, jf. artikel 26.2, stk. 1, litra a), (specialudvalg) bl.a. til opgave:
a)
at forvalte gennemførelsen af denne protokol
b)
at behandle ethvert spørgsmål, der måtte opstå i forbindelse med denne protokol
c)
at udarbejde indstillinger om ændring af denne protokol, som skal tages op i Det Blandede CETA-Udvalg
d)
at træffe andre foranstaltninger, som parterne skønner vil være en hjælp ved gennemførelsen af denne protokol, og
e)
at rapportere til Det Blandede CETA-Udvalg om gennemførelsen af denne protokol, hvis det er relevant.
(
1
)
  Et akkrediteringsorgan har generelt statslig bemyndigelse.
BILAG 1
PRODUKTDÆKNING
a)
Elektrisk og elektronisk udstyr, herunder elektriske installationer og apparater samt komponenter dertil.
b)
Radio- og teleterminaludstyr.
c)
Elektromagnetisk kompatibilitet.
d)
Legetøj.
e)
Byggevarer.
f)
Maskiner, herunder dele, komponenter — også sikkerhedskomponenter — udskifteligt udstyr og maskinsæt.
g)
Måleinstrumenter.
h)
Varmtvandskedler, inkl. apparater dertil.
i)
Udstyr, maskiner, apparater, anordninger, kontrolkomponenter, beskyttelsessystemer, sikkerhedsanordninger, kontrolanordninger og reguleringsanordninger og instrumenter dertil samt systermer til forebyggelse og påvisning til anvendelse i eksplosionsfarlig atmosfære (ATEX-udstyr).
j)
Udstyr til udendørs brug, som vedrører støjemission i miljøet.
k)
Fritidsfartøjer, inkl. komponenter dertil.
BILAG 2
VAREKATEGORIER, SOM PRIORITERES VED OVERVEJELSER OM MEDTAGELSE I BILAG 1, JF. ARTIKEL 2.2
a)
Medicinsk udstyr, inkl. tilbehør.
b)
Trykbærende udstyr, inkl. beholdere, rør, tilbehør og sæt.
c)
Gasapparater, inkl. udstyr dertil.
d)
Personlige værnemidler.
e)
Jernbanesystemer og -delsystemer samt interoperabilitetskomponenter.
f)
Udstyr, der er anbragt om bord på et skib.
BILAG 3
OPLYSNINGER, DER SKAL GIVES SOM LED I EN UDPEGELSE
De oplysninger, som en part skal give ved udpegelsen af et overensstemmelsesvurderingsorgan, er følgende:
a)
i alle tilfælde:
i)
udpegelsens dækning (der ikke må være mere omfattende end dækningen af det pågældende organs akkreditering)
ii)
akkrediteringscertifikatet og den hertil relaterede dækning af akkrediteringen
iii)
organets adresse og kontaktoplysninger, og
b)
når en EU-medlemsstat udpeger et certificeringsorgan, undtagen for så vidt angår de i artikel 15 omhandlede tekniske forskrifter:
i)
certificeringsorganets registrerede certificeringsmærke, herunder det kvalificerende udsagn 
(
1
)
, og
c)
når en EU-medlemsstat udpeger et overensstemmelsesvurderingsorgan for så vidt angår de i artikel 15 omhandlede tekniske forskrifter:
i)
hvis det er et certificeringsorgan:
A)
dettes entydige identifikator 
(
2
)
B)
en anmodning om anerkendelse underskrevet af organet i overensstemmelse med CB-01 (krav til certificeringsorganer) eller dets efterfølger, og
C)
en tjekliste med krydsreferencer udfyldt af organet med bevis for, at det opfylder de gældende anerkendelseskriterier i overensstemmelse med CB-02 (anerkendelseskriterier samt administrative og operationelle krav til certificeringsorganer (CB) med henblik på certificering af radioapparaters overensstemmelse med det canadiske erhvervsministeriums (Industry Canada) standarder og specifikationer, eller dets efterfølger, og
ii)
hvis det er et prøvningslaboratorium:
A)
dettes entydige identifikator, og
B)
en anmodning om anerkendelse underskrevet af organet i overensstemmelse med REC-LAB (procedure for Industry Canadas anerkendelse af specifikke udenlandske prøvningslaboratorier) eller dets efterfølger, og
d)
alle andre oplysninger, som parterne måtte blive enige om.
(
1
)
  Det kvalificerende udsagn er almindeligvis et lille »c« placeret ved siden af certificeringsorganets registrerede certificeringsmærke for at angive, at produktet er i overensstemmelse med de gældende canadiske tekniske forskrifter.
(
2
)
  En entydig identifikator på seks tegn bestående af to bogstaver (sædvanligvis ISO 3166-landekoden) efterfulgt af fire cifre.
Protokol om gensidig anerkendelse af programmet for overholdelse og håndhævelse i forbindelse med god fremstillingspraksis for farmaceutiske produkter
Artikel 1
Definitioner
1.   I denne protokol forstås ved:
GMP-overensstemmelsescertifikat
: et certifikat, der er udstedt af en reguleringsmyndighed som dokumentation for, at et fremstillingsanlæg er i overensstemmelse med god fremstillingspraksis (GMP)
ligestillet myndighed
: en reguleringsmyndighed hos en part, der er anerkendt som en ligestillet myndighed af den anden part
fremstilling
: fabrikation, emballering, omemballering, etikettering, prøvning og oplagring
lægemiddel
: ethvert produkt, der kan betegnes som et lægemiddel i henhold til 
Food and Drugs Act
, R.S.C., 1985, c. F-27, eller som kan betegnes som et lægemiddel, uanset om det er et færdigt middel, et mellemprodukt, et forsøgslægemiddel eller et virksomt stof i henhold til den gældende lovgivning i Den Europæiske Union
evaluering på stedet
: en produktspecifik evaluering, der foretages i forbindelse med en markedsføringstilladelse for et lægemiddel på fremstillingsstedet for at vurdere overensstemmelsen for så vidt angår de lokaler, hvor det pågældende lægemiddel eller stof fremstilles, og 
overensstemmelsen
 for så vidt angår processen, betingelserne og kontrollen ved fremstillingsvirksomhed med de afgivne oplysninger og for at tage hånd om eventuelle udestående spørgsmål i forbindelse med evalueringen af ansøgningen om markedsføring og
reguleringsmyndighed
: en enhed i en part, der i henhold til partens lovgivning har juridisk ret til at føre tilsyn med og kontrollere lægemidler hos denne part.
2.   Hvor der i denne protokol henvises til inspektioner, omfatter disse henvisninger ikke evalueringer på stedet, medmindre andet er angivet.
Artikel 2
Formål
Formålet med denne protokol er at styrke samarbejdet mellem parternes myndigheder med henblik på at sikre, at lægemidler opfylder relevante kvalitetsstandarder gennem gensidig anerkendelse af GMP-overensstemmelsescertifikater.
Artikel 3
Varedækning
Denne protokol finder anvendelse på alle lægemidler, for hvilke GMP-kravene finder anvendelse i begge parter, jf. bilag 1.
Artikel 4
Anerkendelse af reguleringsmyndigheder
1.   Proceduren for evaluering af, om en ny reguleringsmyndighed, der er opført på listen i bilag 2, er ligestillet, gennemføres i overensstemmelse med artikel 12.
2.   Hver part sikrer, at en liste over reguleringsmyndigheder, som den pågældende anerkender som ligestillede, inklusive eventuelle ændringer, er offentligt tilgængelig.
Artikel 5
Gensidig anerkendelse af GMP-overensstemmelsescertifikater
1.   En part skal acceptere et GMP-overensstemmelsescertifikat udstedt af en ligestillet reguleringsmyndighed i den anden part i overensstemmelse med stk. 3 som et bevis på, at det fremstillingsanlæg, som er omfattet af certifikatet og beliggende på en parts territorium, er i overensstemmelse med god fremstillingspraksis som angivet i certifikatet.
2.   En part kan acceptere et GMP-overensstemmelsescertifikat udstedt af en ligestillet reguleringsmyndighed i den anden part vedrørende et fremstillingsanlæg uden for parternes territorium i overensstemmelse med stk. 3. En part kan fastsætte de betingelser og vilkår, på hvilke parten vælger at acceptere certifikatet.
3.   Et GMP-overensstemmelsescertifikat skal indeholde:
a)
fremstillingsanlæggets navn og adresse
b)
den dato, på hvilken den ligestillede reguleringsmyndighed, der udstedte certifikatet, sidst inspicerede fremstillingsanlægget
c)
de fremstillingsprocesser og, hvis det er relevant, de lægemidler og doseringsformer, for hvilke anlægget er i overensstemmelse med god fremstillingspraksis, og
d)
gyldighedsperioden for GMP-overensstemmelsescertifikatet.
4.   Hvis en importør, eksportør eller reguleringsmyndighed i en af parterne anmoder om et GMP-overensstemmelsescertifikat for et fremstillingsanlæg, som er certificeret af en ligestillet myndighed i den anden part, sikrer den anden part, at den ligestillede reguleringsmyndighed udsteder et GMP-overensstemmelsescertifikat:
a)
senest 30 kalenderdage efter den dato, hvor certificeringsmyndigheden har modtaget anmodningen om certifikatet, hvis en ny inspektion ikke er påkrævet, og
b)
senest 90 kalenderdage efter den dato, hvor certificeringsmyndigheden har modtaget anmodningen om certifikatet, hvis en ny inspektion er påkrævet, og resultaterne af denne inspektion af fremstillingsanlægget er tilfredsstillende.
Artikel 6
Anden anerkendelse af GMP-overensstemmelsescertifikater
1.   En part kan acceptere et GMP-overensstemmelsescertifikat for et lægemiddel, som ikke er omfattet af bilag 1, punkt 2.
2.   En part, der accepterer et certifikat i henhold til stk. 1, kan fastlægge de vilkår og betingelser, på hvilke den vil acceptere certifikatet.
Artikel 7
Accept af batchcertifikater
1.   En part skal acceptere et batchcertifikat udstedt af en fabrikant uden fornyet kontrol af denne batch ved importen heraf, forudsat at:
a)
de produkter, der findes i batchen, blev fremstillet på et fremstillingsanlæg, der af en ligestillet reguleringsmyndighed er certificeret som værende i overensstemmelse
b)
batchcertifikatet er i overensstemmelse med afsnittet om indholdet i et batchcertifikat for lægemidler i 
Internationally Harmonized Requirements for Batch Certification
, og
c)
batchcertifikatet underskrives af den person, som er ansvarlig for at frigive batchen til salg eller levering.
2.   Stk. 1 berører ikke en parts ret til at foretage officiel frigivelse af batcher.
3.   Den person, der er ansvarlig for frigivelse af batchen:
a)
af det færdige lægemiddel med henblik på salg eller levering til fremstillingsanlæg i Den Europæiske Union, skal være en »sagkyndig person« som defineret i artikel 48 i direktiv 2001/83/EF og artikel 52 i direktiv 2001/82/EF, eller
b)
med henblik på salg eller levering af et lægemiddel til fremstillingsanlæg i Canada, er den person, der er ansvarlig for afdelingen for kvalitetskontrol, jf. 
Food and Drugs Regulations
, C.R.C., c. 870, Part C, Division 2, section C.02.014.
Artikel 8
Evaluering på stedet
1.   En part har ret til at foretage sin egen evaluering på stedet af et fremstillingsanlæg, som af en ligestillet reguleringsmyndighed i den anden part er blevet certificeret som værende i overensstemmelse.
2.   Før der foretages en evaluering på stedet i henhold til stk. 1, underretter en part den anden part skiftligt herom og informerer den anden part om omfanget af evalueringen på stedet. Parten bestræber sig på at underrette den anden part skriftligt mindst 30 dage før en planlagt evaluering på stedet, men kan give et kortere varsel i situationer af hastende karakter. Den anden part har ret til at deltage i den evaluering på stedet, som gennemføres af parten.
Artikel 9
Inspektioner og evalueringer på stedet efter anmodning fra en part
1.   Efter anmodning fra en part inspicerer den anden part et anlæg, der er involveret i fremstillingsprocessen af et lægemiddel, som importeres til den anmodende parts territorium med henblik på at efterprøve, om anlægget er i overensstemmelse med god fremstillingspraksis.
2.   Efter anmodning fra en part kan den anden part foretage en evaluering på stedet baseret på vurderingen af data, der er indeholdt i et indsendelsesdossier om et produkt. Parterne kan udveksle relevante produktoplysninger med hensyn til en anmodning om at foretage en evaluering på stedet i overensstemmelse med artikel 14.
Artikel 10
Kontrolforanstaltninger
1.   En part har ret til at foretage sin egen inspektion af et fremstillingsanlæg, som af en ligestillet reguleringsmyndighed i den anden part er blevet certificeret som værende i overensstemmelse. Anvendelse af denne ret bør være en undtagelse fra den normale praksis for den pågældende part.
2.   Før der foretages en inspektion i henhold til stk. 1, underretter en part den anden part skiftligt og informerer den anden part om årsagerne til, at man foretager sin egen inspektion. Parten bestræber sig på at underrette den anden part skriftligt mindst 30 dage før en planlagt inspektion, men kan give et kortere varsel i situationer af hastende karakter. Den anden part har ret til at deltage i den inspektion, der gennemføres af parten.
Artikel 11
Gensidigt varslingsprogram og informationsudveksling
1.   I henhold til det gensidige varslingsprogram under den administrative ordning for god fremstillingspraksis, der er omhandlet i artikel 15, stk. 3, skal en part:
a)
sikre, at en begrænsning, suspension eller tilbagetrækning af en fremstillingstilladelse, der vil kunne påvirke beskyttelsen af den offentlige sundhed, er meddelt af den relevante reguleringsmyndighed på partens territorium over for den relevante reguleringsmyndighed på den anden parts territorium, og
b)
hvis det er relevant, af egen drift underrette den anden part skriftligt om en bekræftet rapport vedrørende et alvorligt problem i forbindelse med et fremstillingsanlæg på sit territorium eller som påvist ved hjælp af en evaluering på stedet eller en inspektion på den anden parts territorium, herunder et problem i forbindelse med kvalitetsmangler, tilbagekaldelser af batcher, falske eller forfalskede lægemidler eller potentielt alvorlige mangler.
2.   Som led i informationsudvekslingsprocessen i henhold til den administrative ordning for god fremstillingspraksis, der er omhandlet i artikel 15, stk. 3, skal en part:
a)
reagere på en særlig anmodning om oplysninger, herunder en rimelig anmodning om en inspektionsrapport eller en rapport om evaluering på stedet, og
b)
sikre, at en ligestillet myndighed på dens territorium giver relevante oplysninger efter anmodning fra den anden part eller fra en ligestillet myndighed hos den anden part.
3.   En part informerer ved hjælp af en skriftlig meddelelse den anden part om kontaktpunkter for hver ligestillet myndighed på sit territorium.
Artikel 12
Ligestillingen af nye reguleringsmyndigheder
1.   En part (»den anmodende part«) kan anmode om, at en reguleringsmyndighed på dens territorium, der ikke er anerkendt som ligestillet med reguleringsmyndigheder i den anden part (»den evaluerende part«), evalueres for at fastslå, om den bør anerkendes som ligestillet. Efter modtagelse af anmodningen gennemfører den evaluerende part en evaluering efter proceduren for evaluering af nye reguleringsmyndigheder i henhold til den administrative ordning for god fremstillingspraksis, der er omhandlet i artikel 15, stk. 3.
2.   Den evaluerende part evaluerer den nye reguleringsmyndighed ved at anvende de enkelte dele i et program for overholdelse af god fremstillingspraksis i henhold til den administrative ordning, der er omhandlet i artikel 15, stk. 3. De enkelte dele i et program for overholdelse af god fremstillingspraksis skal bl.a. omfatte lovgivningsmæssige og reguleringsmæssige krav, inspektionsstandarder, overvågningssystemer og et kvalitetsstyringssystem.
3.   Hvis den evaluerende part ved afslutningen af sin vurdering konstaterer, at den nye reguleringsmyndighed er ligestillet, underretter den skriftligt den anmodende part om, at den anerkender den nye reguleringsmyndighed som ligestillet.
4.   Hvis den evaluerende part ved afslutningen af sin vurdering konstaterer, at den nye reguleringsmyndighed ikke er ligestillet, forelægger den evaluerende part skriftligt over for den anmodende part en velbegrundet erklæring, der indeholder gode grunde til ikke at anerkende den nye reguleringsmyndighed som ligestillet. Efter anmodning fra den anmodende part overvejer Den Blandede Sektorgruppe for Farmaceutiske Produkter (»den blandede sektorgruppe«), der er omhandlet i artikel 15, den evaluerende parts afslag på at anerkende den nye reguleringsmyndighed som ligestillet, og den kan udstede anbefalinger for at bistå begge parter med at løse problemet.
5.   Hvis den evaluerende part ved afslutningen af sin evaluering konstaterer, at den nye reguleringsmyndighed kun er ligestillet i forbindelse med et mere begrænset anvendelsesområde end det, som den anmodende part har foreslået, forelægger den evaluerende part skriftligt over for den anmodende part en velbegrundet erklæring, der indeholder gode grunde til at fastslå, at den nye reguleringsmyndighed kun er ligestillet i forbindelse med det mere begrænsede anvendelsesområde. Efter anmodning fra den anmodende part behandler den blandede sektorgruppe den evaluerende parts afslag på at anerkende den nye reguleringsmyndighed som ligestillet, og den kan udstede anbefalinger for at bistå begge parter med at løse problemet.
6.   En reguleringsmyndighed, der er anerkendt som ligestillet i henhold til aftalen om gensidig anerkendelse mellem Det Europæiske Fællesskab og Canada, udfærdiget i London den 14. maj 1998, anerkendes som ligestillet i henhold til nærværende aftale fra dens ikrafttræden.
Artikel 13
Program for bevarelse af ligestillingen
1.   Den blandede sektorgruppe udarbejder et program for bevarelse af ligestilling i henhold til den administrative ordning for god fremstillingspraksis, som er omhandlet i artikel 15, stk. 3, for at bevare ligestillingen mellem reguleringsmyndighederne. Parterne handler i overensstemmelse med dette program, når der træffes afgørelse om at ændre ligestillingsstatus for en reguleringsmyndighed.
2.   Hvis en reguleringsmyndigheds ligestillingsstatus ændres, kan en part foretage en ny evaluering af denne reguleringsmyndighed. Enhver ny evaluering skal finde sted i henhold til proceduren i artikel 12. Omfanget af den nye evaluering begrænses til de elementer, der forårsagede ændringen af ligestillingsstatus.
3.   Parterne udveksler de nødvendige oplysninger for at sikre, at begge parter fortsat er overbeviste om, at ligestillede reguleringsmyndigheder rent faktisk er ligestillede.
4.   En part underretter den anden part, inden den vedtager ændringer af sine tekniske retningslinjer eller bestemmelser vedrørende god fremstillingspraksis.
5.   En part underretter den anden part om nye tekniske retningslinjer, inspektionsprocedurer eller bestemmelser vedrørende god fremstillingspraksis.
Artikel 14
Fortrolighed
1.   En part må ikke offentliggøre ikke-offentlige og fortrolige tekniske, handelsmæssige og videnskabelige oplysninger, herunder handelshemmeligheder og fortrolige oplysninger, som den har modtaget fra den anden part.
2.   En part kan offentliggøre de oplysninger, der er omhandlet i stk. 1, hvis den finder en sådan offentliggørelse nødvendig for at beskytte den offentlige sundhed og sikkerhed. Den anden part skal høres forud for offentliggørelsen.
Artikel 15
Forvaltning af protokollen
1.   Den blandede sektorgruppe, der er nedsat i henhold til artikel 26.2.1, litra a), (specialudvalg), består af repræsentanter for begge parter.
2.   Den blandede sektorgruppe fastlægger selv sin sammensætning og sine regler og procedurer.
3.   Den blandede sektorgruppe indgår en administrativ ordning for god fremstillingspraksis for at fremme den effektive gennemførelse af denne protokol. Den administrative ordning for god fremstillingspraksis skal omfatte:
a)
vedtægterne for den blandede sektorgruppe
b)
det gensidige varslingsprogram
c)
listen over kontaktpunkter med ansvar for spørgsmål, der opstår i forbindelse med denne protokol
d)
de enkelte dele af informationsudvekslingsprocessen
e)
de enkelte dele i et program for overholdelse af god fremstillingspraksis
f)
proceduren for evaluering af nye reguleringsmyndigheder og
g)
programmet for bevarelse af ligestillingen.
4.   Den blandede sektorgruppe kan ændre den administrative ordning for god fremstillingspraksis, hvis den finder det nødvendigt.
5.   Efter anmodning fra parterne kan den blandede sektorgruppe genbehandle bilagene til denne protokol, og den udarbejder anbefalinger til ændringer af disse bilag, der skal behandles af Det Blandede CETA-Udvalg.
6.   I henhold til stk. 5 undersøger den blandede sektorgruppe det operationelle anvendelsesområde for lægemidler i henhold til bilag 1, punkt 2, med henblik på at medtage de lægemidler eller stoffer, der er anført i bilag 1, punkt 1.
7.   Parterne indfører den administrative ordning for god fremstillingspraksis, når aftalen træder i kraft. Denne ordning er ikke omfattet af bestemmelserne i kapitel niogtyve (tvistbilæggelse).
Artikel 16
Gebyrer
1.   Med henblik på denne artikel omfatter et gebyr en omkostningsdækkende foranstaltning som f.eks. brugerbetaling, en reguleringsafgift eller et beløb, der er fastsat i henhold til en kontrakt.
2.   En part har ret til at fastlægge et gebyr, der gælder for fremstillingsanlæg på dens territorium, herunder gebyrer for udstedelse af GMP-overensstemmelsescertifikater og gebyrer for inspektioner eller evalueringer på stedet.
3.   De gebyrer, der pålægges et fremstillingsanlæg i tilfælde af en inspektion eller evaluering på stedet udført af en part efter anmodning fra den anden part, skal være i overensstemmelse med stk. 2.
BILAG 1
LÆGEMIDLER
Anvendelsesområdet for så vidt angår lægemidler
1.
Denne protokol gælder for følgende lægemidler som defineret i parternes lovgivning, jf. bilag 3, forudsat at begge parters krav til og programmer for overholdelse af god fremstillingspraksis med hensyn til disse lægemidler er ligestillede:
a)
humanmedicinske lægemidler, herunder receptpligtige og ikke-receptpligtige lægemidler og medicinske gasser
b)
humanbiologiske lægemidler, herunder immunologiske lægemidler, stabile lægemidler fremstillet af blod eller plasma fra mennesker og bioterapeutiske lægemidler
c)
radioaktive humanmedicinske lægemidler
d)
veterinærlægemidler, herunder receptpligtige og ikke-receptpligtige lægemidler, og forblandinger til fremstilling af foderlægemidler
e)
biologiske veterinærlægemidler
f)
hvis det er relevant, vitaminer, mineraler, præparater fremstillet af planter og homøopatiske lægemidler
g)
aktive lægemiddelbestanddele
h)
mellemprodukter og lægemidler i bulk (f.eks. tabletter i bulk)
i)
produkter bestemt til anvendelse i kliniske forsøg eller forsøgslægemidler og
j)
lægemidler til avanceret terapi.
Det operationelle anvendelsesområde for så vidt angår lægemidler
2.
Ud over stk. 1 er begge parters krav til og programmer for overholdelse af god fremstillingspraksis ligestillede for følgende lægemidler:
a)
humanmedicinske lægemidler, herunder receptpligtige og ikke-receptpligtige lægemidler og medicinske gasser
b)
humanbiologiske lægemidler, herunder immunologiske lægemidler og bioterapeutiske lægemidler
c)
radioaktive humanmedicinske lægemidler
d)
veterinærlægemidler, herunder receptpligtige og ikke-receptpligtige lægemidler, og forblandinger til fremstilling af foderlægemidler
e)
mellemprodukter og lægemidler i bulk
f)
produkter bestemt til anvendelse i kliniske forsøg eller forsøgslægemidler fremstillet af de producenter, der er i besiddelse af en fremstillingstilladelse eller en etableringstilladelse og
g)
vitaminer, mineraler, præparater fremstillet af planter og homøopatiske lægemidler (kendt i Canada som naturlige helseprodukter) fremstillet af producenter, der er i besiddelse af en fremstillingstilladelse eller en etableringstilladelse i Canadas tilfælde.
BILAG 2
REGULERINGSMYNDIGHEDER
Parterne anerkender følgende enheder eller deres efterfølgere, der af en part er meddelt den blandede sektorgruppe, som deres respektive reguleringsmyndigheder:
For Den Europæiske Union:
Land
For humanmedicinske lægemidler
For veterinærlægemidler
Belgien
Det føderale organ for lægemidler og sundhedsprodukter/Federaal Agentschap voor geneesmiddelen en gezondheidsproducten/ Agence fédérale des médicaments et produits de santé
Se myndigheden med ansvar for humanmedicinske lægemidler
Tjekkiet
Statens institut for kontrol med lægemidler / Státní ústav pro kontrolu léčiv (SÚKL)
Institut for statskontrol med biologiske veterinærlægemidler og veterinærmedicin/ Ústav pro státní kontrolu veterinárních biopreparátů a léčiv (ÚSKVBL)
Kroatien
Organet for lægemidler og medicinsk udstyr / Agencija za lijekove i medicinske proizvode (HALMED)
Landbrugsministeriet, Direktoratet for veterinær- og fødevaresikkerhed / Ministarstvo Poljoprivrede, Uprava za veterinarstvo i sigurnost hrane
Danmark
Danish Health and Medicines Authority / Lægemiddelstyrelsen
Se myndigheden med ansvar for humanmedicinske lægemidler
Tyskland
Forbundsinstituttet for lægemidler og medicinsk udstyr /Bundesinstitut für Arzneimittel und Medizinprodukte (BfArM)
Paul-Ehrlich-Institute (PEI), Forbundsinstituttet for vacciner og biomedicin / Paul-Ehrlich-Institut (PEI) Bundesinstitut für Impfstoffe und biomedizinische Arzneimittel
Forbundsministeriet for sundhed / Bundesministerium für Gesundheit (BMG)
Forbundskontoret for forbrugerbeskyttelse og fødevaresikkerhed / Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL)
Forbundsministeriet for fødevarer og landbrug, Bundesministerium für Ernährung und Landwirtschaft
Estland
Statens styrelse for lægemidler /Ravimiamet
Se myndigheden med ansvar for humanmedicinske lægemidler
Grækenland
Den nationale lægemiddelorganisation / Ethnikos Organismos Farmakon (EOF) — (ΕΘΝIΚΟΣ ΟΡΓΑΝIΣΜΟΣ ΦΑΡΜΑΚΩΝ))
Se myndigheden med ansvar for humanmedicinske lægemidler
Spanien
Den spanske styrelse for lægemidler og medicinsk udstyr /Agencia Española de Medicamentos y Productos Sanitários
Se myndigheden med ansvar for humanmedicinske lægemidler
Frankrig
Den franske nationale styrelse for lægemiddel- og sundhedsproduktsikkerhed Agence nationale de sécurité du médicament et des produits de santé (ANSM)
Den franske styrelse for sundhed og sikkerhed inden for fødevarer, miljø og på arbejdspladsen-
Den nationale styrelse for veterinærlægemidler/
 Agence Nationale de Sécurité Sanitaire de l'alimentation, de l'environnement et du travail-Agence Nationale du Médicament Vétérinaire (Anses-ANMV)
Irland
Health Products Regulatory Authority (HPRA)
Se myndigheden med ansvar for humanmedicinske lægemidler
Italien
Den italienske lægemiddelstyrelse /
 Agenzia Italiana del Farmaco
Generaldirektoratet for dyresundhed og veterinærlægemidler
Ministero della Salute, Direzione Generale della Sanità Animale e dei Farmaci Veterinari
Cypern
Sundhedsministeriet — Afdelingen for lægemidler / Φαρμακευτικές Υπηρεσίες, Υπουργείο Υγείας
Ministeriet for landbrug, udvikling af landdistrikter og miljø-veterinærafdelingen / Κτηνιατρικές Υπηρεσίες- Υπουργείο Γεωργίας, Αγροτικής Ανάπτυξης και Περιβάλλοντος
Letland
Statens styrelse for lægemidler / Zāļu valsts aģentūra
Fødevare- og veterinærtjenestens afdeling for evaluering og registrering/Pārtikas un veterinārā dienesta Novērtēšanas un reģistrācijas departaments
Litauen
Statens styrelse for lægemiddelkontrol / Valstybinė maisto ir veterinarijos tarnyba
Statens fødevare- og veterinærtjeneste / Valstybinės maisto ir veterinarijo tarnyba
Luxembourg
Minìstere de la Santé, Division de la Pharmacie et des Médicaments
Se myndigheden med ansvar for humanmedicinske lægemidler
Ungarn
Det nationale lægemiddelinstitut / Országos Gyógyszerészeti Intézet (OGYI)
Det nationale kontor for fødevarekædesikkerhed, direktoratet for veterinærlægemidler / Nemzeti Élelmiszerlánc-biztonsági Hivatal, Állatgyógyászati Termékek Igazgatósága (ÁTI)
Malta
Reguleringsmyndighed for lægemidler
Afdelingen for veterinærlægemidler og dyrefoder (VMANS) (direktoratet for veterinærbestemmelser (VRD)) under Departementet for veterinær- og plantesundhedsbestemmelser (VPRD)
Nederlandene
Sundhedsinspektoratet / Inspectie voor de Gezondheidszorg (IGZ)
Nævnet for lægemiddelvurdering / Bureau Diergeneesmiddelen, College ter Beoordeling van Geneesmiddelen (CBG)/
Østrig
Den østrigske styrelse for sundhed og fødevaresikkerhed / Österreichische Agentur für Gesundheit und Ernährungssicherheit GmbH
Se myndigheden med ansvar for humanmedicinske lægemidler
Polen
Det overordnede inspektorat for lægemidler / Główny Inspektorat Farmaceutyczny (GIF) /
Se myndigheden med ansvar for humanmedicinske lægemidler
Portugal
Den nationale myndighed for lægemidler og sundhedsprodukter / INFARMED, I.P
Autoridade Nacional do Medicamento e Produtos de Saúde, I.P
Generaldirektoratet for fødevarer og veterinære anliggender / DGAV — Direção Geral de Alimentação e Veterinária (PT)
Slovenien
Styrelsen for lægemidler og medicinsk udstyr i Republikken Slovenien / Javna agencija Republike Slovenije za zdravila in medicinske pripomočke (JAZMP)
Se myndigheden med ansvar for humanmedicinske lægemidler
Den Slovakiske Republik (Slovakiet)
Statens institut for kontrol med lægemidler / Štátny ústav pre kontrolu liečiv (ŠÚKL)
Instituttet for statens kontrol med biologiske veterinærlægemidler og andre veterinærlægemidler / Ústav štátnej kontroly veterinárnych biopreparátov a liečiv (USKVBL)
Finland
Den finske lægemiddelstyrelse / Lääkealan turvallisuus- ja kehittämiskeskus (FIMEA)
Se myndigheden med ansvar for humanmedicinske lægemidler
Sverige
Styrelsen for lægemidler / Läkemedelsverket
Se myndigheden med ansvar for humanmedicinske lægemidler
Det Forenede Kongerige
Medicines and Healthcare products Regulatory Agency
Veterinary Medicines Directorate
Bulgarien
Den bulgarske lægemiddelstyrelse / ИЗПЪЛНИТЕЛНА АГЕНЦИЯ ПО ЛЕКАРСТВАТА
Den bulgarske styrelse for fødevaresikkerhed / Българска агенция по безопасност на храните
Rumænien
Den nationale styrelse for lægemidler og medicinsk udstyr / Agenţia Naţională a Medicamentului şi a Dispozitivelor Medicale
National Sanitary Veterinary and Food Safety Authority / Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor
For Canada:
Health Canada
Health Canada
BILAG 3
GÆLDENDE LOVGIVNING
For Den Europæiske Union:
Europa-Parlamentets og Rådets direktiv 2001/83/EF af 6. november 2001 om oprettelse af en fællesskabskodeks for humanmedicinske lægemidler
Europa-Parlamentets og Rådets direktiv 2001/82/EF af 6. november 2001 om oprettelse af en fællesskabskodeks for veterinærlægemidler
Europa-Parlamentets og Rådets direktiv 2001/20/EF af 4. april 2001 om indbyrdes tilnærmelse af medlemsstaternes love og administrative bestemmelser om anvendelse af god klinisk praksis ved gennemførelse af kliniske forsøg med lægemidler til human brug
Forordning (EU) nr. 536/2014 af 16. april 2014 om kliniske forsøg med humanmedicinske lægemidler og om ophævelse af direktiv 2001/20/EF
Kommissionens direktiv 2003/94/EF af 8. oktober 2003 om principper og retningslinjer for god fremstillingspraksis for humanmedicinske lægemidler og testpræparater til human brug
Kommissionens direktiv 91/412/EØF af 23. juli 1991 om principper og retningslinjer for god fremstillingspraksis for veterinærmedicinske præparater
Kommissionens delegerede forordning (EU) nr. 1252/2014 af 28. maj 2014 om supplerende regler til Europa-Parlamentets og Rådets direktiv 2001/83/EF for så vidt angår principper og retningslinjer for god fremstillingspraksis for virksomme stoffer til humanmedicinske lægemidler
Den aktuelle udgave af vejledningen i god fremstillingspraksis, der er indeholdt i bind IV i Rules governing medicinal products in the European Union (bestemmelserne om lægemidler i Den Europæiske Union) og compilation of the community procedures on inspections end exchange of information (samlingen af EU-procedurer for inspektionsbesøg og informationsudveksling)
For Canada:
Food and Drugs Act
, R.S.C., 1985, c. F-27.
BILAG I
Indledende note
Forbehold for nuværende foranstaltninger og liberaliseringsforpligtelser
1.
En parts liste til dette bilag indeholder i henhold til artikel 8.15 (forbehold og undtagelser), artikel 9.7 (forbehold), artikel 14.4 (forbehold) og, for Den Europæiske Unions vedkommende, artikel 13.10 (forbehold og undtagelser), de forbehold, som denne part har taget med hensyn til eksisterende foranstaltninger, der ikke er i overensstemmelse med de forpligtelser, som indføres ved:
a)
artikel 8.6 (national behandling), artikel 9.3 (national behandling) eller, for Den Europæiske Unions vedkommende, artikel 13.3 (national behandling);
b)
artikel 8.7 (mestbegunstigelsesbehandling), artikel 9.5 (mestbegunstigelsesbehandling) eller, for Den Europæiske Unions vedkommende, artikel 13.4 (mestbegunstigelsesbehandling);
c)
artikel 8.4 (markedsadgang), artikel 9.6 (markedsadgang) eller, for Den Europæiske Unions vedkommende, artikel 13.6 (markedsadgang);
d)
artikel 8.5 (præstationskrav);
e)
artikel 8.8 (øverste ledelse og bestyrelse) eller, for Den Europæiske Unions vedkommende, artikel 13.8 (øverste ledelse og bestyrelse);
f)
for Den Europæiske Union, artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser); eller
g)
artikel 14.3 (forpligtelser);
og anfører i visse tilfælde forpligtelser til øjeblikkelig eller fremtidig liberalisering.
2.
En parts forbehold gælder, uden at dette berører parternes rettigheder og forpligtelser i henhold til den almindelige overenskomst om handel med tjenesteydelser (GATS).
3.
Hvert forbehold anfører følgende elementer:
a)
Sektor
: den overordnede sektor, hvori forbeholdet er taget
b)
Delsektor
: den specifikke sektor, hvori forbeholdet er taget
c)
Brancheklassifikation
: i givet fald den virksomhed, der er omfattet af forbeholdet i henhold til CPC, ISIC rev 3.1, eller som udtrykkeligt er beskrevet i en parts forbehold
d)
Forbeholdstype
: den forpligtelse, der er omhandlet i stk. 1, og for hvilken der er taget et forbehold
e)
Forvaltningsniveau
: det forvaltningsniveau, hvorpå den foranstaltning, som der er taget forbehold for, opretholdes;
f)
Foranstaltninger
: de love eller andre foranstaltninger, som i givet fald præciseres under elementet 
Beskrivelse
, og som der er taget forbehold for. En foranstaltning, der er anført under elementet 
Foranstaltninger
:
i)
betyder foranstaltningen som ændret, opretholdt eller fornyet fra datoen for denne aftales ikrafttræden;
ii)
omfatter enhver underordnet foranstaltning, der vedtages eller opretholdes i henhold til beføjelsen i og i overensstemmelse med foranstaltningen;
iii)
omfatter:
A)
for et EU-direktiv, alle love og andre foranstaltninger, som gennemfører direktivet på medlemsstatsplan;
B)
for Canada, alle love og andre foranstaltninger på nationalt eller subnationalt plan, der gennemfører aftaler mellem forbundsregeringen og provinserne og territorierne;
g)
Beskrivelse
: de uforenelige aspekter i den eksisterende foranstaltning, som der er taget forbehold for. Den kan også anføre forpligtelser til liberalisering.
4.
I forbindelse med fortolkning af et forbehold skal der tages højde for alle elementer i forbeholdet. Et forbehold skal fortolkes i lyset af de relevante forpligtelser i de kapitler, over for hvilke forbeholdet tages. For så vidt:
a)
elementet 
Foranstaltninger
 præciseres af en liberaliseringsforpligtelse i elementet 
Beskrivelse
, går det således præciserede element 
Foranstaltninger
 forud for alle andre elementer;
b)
elementet 
Foranstaltninger
 ikke præciseres, går elementet 
Foranstaltninger
 forud for alle andre elementer, medmindre der er et misforhold mellem elementet 
Foranstaltninger
 og de øvrige elementer samlet betragtet, som er så væsentligt og betydningsfuldt, at det ville være urimeligt at drage den slutning, at elementet 
Foranstaltninger
 går forud, og i det tilfælde går de andre elementer forud i det omfang, misforholdet tilsiger.
5.
Når en part opretholder en foranstaltning, der kræver, at en tjenesteyder skal være en fysisk person, statsborger, en person med permanent ophold eller hjemmehørende på dens territorium som en betingelse for levering af en tjenesteydelse på dens territorium, skal et forbehold vedrørende den foranstaltning, der tages med hensyn til grænseoverskridende handel med tjenesteydelser, fungere som et forbehold med hensyn til investering i det omfang, foranstaltningen tilsiger.
6.
Et forbehold for en foranstaltning, der kræver, at en tjenesteyder skal være en fysisk person, statsborger, en person med permanent ophold eller hjemmehørende på sit territorium som en betingelse for levering af en finansiel tjenesteydelse på dens territorium, og som tages for så vidt angår artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser), skal fungere som et forbehold for så vidt angår artikel 13.3 (national behandling), 13.4 (mestbegunstigelsesbehandling), 13.6 (markedsadgang) og 13.8 (øverste ledelse og bestyrelse) i det omfang, foranstaltningen tilsiger.
7.
Med henblik på anvendelsen af dette bilag, herunder hver parts liste til dette bilag:
forstås der ved 
ISIC rev 3.1
 den internationale standardklassifikation af al erhvervsmæssig virksomhed som fastsat i de statistiske publikationer fra De Forenede Nationers statistiske kontor, Statistical Papers, Series M, N
o
 4, 
ISIC rev 3.1
, 2002.
8.
Følgende forkortelser anvendes i Den Europæiske Unions liste i dette bilag:
AT
Østrig
BE
Belgien
BG
Bulgarien
CY
Cypern
CZ
Tjekkiet
DE
Tyskland
DK
Danmark
EU
Den Europæiske Union
ES
Spanien
EE
Estland
FI
Finland
FR
Frankrig
EL
Grækenland
HR
Kroatien
HU
Ungarn
IE
Irland
IT
Italien
LV
Letland
LT
Litauen
LU
Luxembourg
MT
Μalta
NL
Nederlandene
PL
Polen
PT
Portugal
RO
Rumænien
SK
Slovakiet
SI
Slovenien
SE
Sverige
UK
Det Forenede Kongerige
Canadas liste — forbundsstatslig
Forbehold, der gælder i Canada
(gælder i alle provinser og på alle territorier)
Forbehold I-C-1
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Præstationskrav
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Investment Canada Act
, R.S.C. 1985, kap. 28 (1st Supp.)
Investment Canada Regulations
, S.O.R./85-611
Beskrivelse:
Investering
1.
Undtagen som anført i stk. 3 og 7 skal investeringsdirektøren gennemgå en direkte »erhvervelse af kontrol«, som defineret i 
Investment Canada Act
, over en canadisk virksomhed, der foretages af en investor i Den Europæiske Union, hvis værdien af den canadiske virksomhed ikke er mindre end 1,5 mia. CAD afstemt i overensstemmelse med den anvendelige metodologi i januar i hvert efterfølgende år som anført i 
Investment Canada Act
.
2.
Uagtet definitionen på »investor« i artikel 8.1 (definitioner) må kun investorer, som er statsborgere i Den Europæiske Union, eller enheder, der kontrolleres af statsborgere i Den Europæiske Union, som fastlagt i 
Investment Canada Act
, drage fordel af den højere gennemgangstærskel.
3.
Den højere tærskel i stk. 1 gælder ikke for en direkte erhvervelse af kontrol over en canadisk virksomhed, der foretages af et statsejet foretagende. Sådanne erhvervelser er underlagt investeringsdirektørens gennemgang, hvis værdien af den canadiske virksomhed ikke er mindre end 369 mio. CAD i 2015 afstemt i overensstemmelse med den anvendelige metodologi i januar i hvert efterfølgende år som anført i 
Investment Canada Act
.
4.
En investering underlagt gennemgang i henhold til 
Investment Canada Act 
må ikke gennemføres, medmindre ministeren med ansvar for 
Investment Canada Act
 underretter ansøgeren om, at investeringen sandsynligvis vil udgøre en nettofordel for Canada. Denne vurdering foretages i overensstemmelse med seks faktorer beskrevet i loven, som kan sammenfattes til følgende:
a)
indvirkningen fra investeringen på niveauet og arten af økonomisk aktivitet i Canada, herunder indvirkningen på beskæftigelse, på anvendelse af dele, komponenter og tjenesteydelser produceret i Canada og på eksport fra Canada
b)
graden og betydningen af canadieres deltagelse i investeringen
c)
indvirkningen fra investeringen på produktivitet, industriel effektivitet, teknologisk udvikling og produktinnovation i Canada
d)
indvirkningen fra investeringen på konkurrence inden for en industri i Canada
e)
investeringens forenelighed med nationale, industrielle, økonomiske og kulturelle politikker under hensyntagen til industrielle, økonomiske og kulturelle politikmålsætninger formuleret af regeringen eller den lovgivende forsamling i en provins, der kan blive påvirket væsentligt af investeringen
f)
investeringens bidrag til Canadas evne til at konkurrere på verdensmarkeder.
5.
Når der skal foretages en vurdering af nettofordel, kan ministeren gennem investeringsdirektøren gennemgå planer, i henhold til hvilke ansøgeren godtgør nettofordelen for Canada ved den foreslåede erhvervelse. En ansøger kan også fremsende tilsagn til ministeren i forbindelse med en foreslået erhvervelse, der er genstand for gennemgang. I tilfælde af manglende overholdelse af et tilsagn fra en ansøger kan ministeren anmode om en retskendelse, der påbyder overholdelse, eller ethvert andet bemyndiget retsmiddel i henhold til 
Investment Canada Act
.
6.
En ikke-canadier, der etablerer eller erhverver en canadisk virksomhed ud over dem, der er genstand for gennemgang som beskrevet ovenfor, skal underrette investeringsdirektøren.
7.
De anførte gennemgangstærskler i stk. 1 og 3 gælder ikke for en erhvervelse af en kulturel virksomhed.
8.
Endvidere kan den specifikke erhvervelse eller etablering af en ny virksomhed inden for bestemte typer virksomhedsaktiviteter med relation til Canadas kulturarv eller nationale identitet, der normalt er anmeldelsespligtige, være underlagt gennemgang, hvis guvernøren i rådet autoriserer en gennemgang i offentlig interesse.
9.
En indirekte »erhvervelse af kontrol« over en canadisk virksomhed foretaget af en investor i Den Europæiske Union, bortset fra en kulturel virksomhed, må ikke gennemgås.
10.
Uagtet artikel 8.5 (præstationskrav) kan Canada pålægge et krav eller håndhæve en forpligtelse eller et tilsagn i forbindelse med etablering, erhvervelse, forøgelse, gennemførelse, drift eller forvaltning af enhver investering, der foretages af en investor i Den Europæiske Union eller i et tredjeland med henblik på overdragelse af teknologi, produktionsproces eller anden ejendomsretligt beskyttet viden til en statsborger eller et foretagende, der er tilknyttet overdrageren, i Canada i forbindelse med gennemgangen af en erhvervelse af en investering i henhold til 
Investment Canada Act
.
11.
Undtagen for krav, forpligtelser eller tilsagn med relation til teknologioverdragelse som anført i punkt 10 i dette forbehold gælder artikel 8.5 (præstationskrav) for krav, forpligtelser eller tilsagn, der pålægges eller håndhæves i henhold til 
Investment Canada Act.
12.
Med henblik på dette forbehold, betyder en »ikke-canadier« en person, regering eller en styrelse derunder eller en enhed, som ikke er canadisk, og »canadier/canadisk« betyder en canadisk statsborger eller en person med permanent ophold, en regering i Canada eller en styrelse derunder eller en canadisk kontrolleret enhed som beskrevet i 
Investment Canada Act
.
Forbehold I-C-2
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Som anført under elementet 
Beskrivelse
Beskrivelse:
Investering
1.
Canada eller en provins eller et territorium kan, når de sælger eller afhænder deres kapitalandele eller aktiver i et nuværende statsforetagende eller en nuværende statslig enhed, forbyde eller pålægge begrænsninger for ejeskabet af sådanne andele eller aktiver for investorer i Den Europæiske Union eller i et tredjeland eller deres investeringer og for muligheden for ejerne af sådanne andele eller aktiver for at kontrollere et foretagende, der dannes. Med hensyn til et sådant salg eller anden afhændelse kan Canada eller en provins eller et territorium vedtage eller opretholde en foranstaltning med relation til nationalitet for øverste ledelse eller medlemmer af bestyrelsen.
2.
Med henblik på dette forbehold forstås ved:
a)
en nuværende foranstaltning: en 
foranstaltning
, der opretholdes eller vedtages efter datoen for denne aftales ikrafttræden, og som på tidspunktet for salg eller anden afhændelse forbyder eller pålægger en begrænsning for ejerskabet af kapitalandele eller aktiver eller pålægger et nationalitetskrav som beskrevet i dette forbehold
b)
statsforetagende
: et foretagende, der ejes eller kontrolleres af Canada eller en provins eller et territorium gennem ejerandele, og indbefatter et foretagende, der etableres efter datoen for denne aftales ikrafttræden udelukkende med det formål at sælge eller afhænde kapitalandele eller aktiver i et nuværende statsforetagende eller en nuværende statslig enhed.
Forbehold I-C-3
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Canada Business Corporations Act
, R.S.C. 1985, kap. C-44
Canada Business Corporations Regulations, 2001
, S.O.R./2001-512
Canada Cooperatives Act
, S.C. 1998, kap. 1
Canada Cooperatives Regulations,
 S.O.R./99-256
Beskrivelse:
Investering
1.
Et selskab kan pålægge restriktioner for udstedelsen, overdragelsen og ejeskabet af andele i et føderalt stiftet selskab. Formålet med disse restriktioner er at gøre det muligt for et selskab at opfylde krav for canadisk ejerskab eller kontrol i henhold til bestemte love, der er anført i 
Canada Business Corporations Regulations, 2001
, i sektorer, hvor canadisk ejerskab eller kontrol kræves som en betingelse for at modtage bevillinger, tilladelser, tildelinger, betalinger eller andre fordele. Med henblik på at opretholde bestemte niveauer af canadisk ejerskab må et selskab sælge selskabsdeltageres andele uden samtykke fra disse selskabsdeltagere og købe sine egne andele på det frie marked.
2.
Canada Cooperatives Act 
fastlægger, at der kan pålægges restriktioner for udstedelsen eller overdragelsen af investeringsandele i et kooperativ til personer, der ikke er hjemmehørende i Canada, for at gøre det muligt for kooperativer at opfylde krav om canadisk ejerskab med henblik på at kunne opnå en bevilling til at drive en virksomhed, kunne blive udgiver af en canadisk avis eller et canadisk tidsskrift eller kunne anskaffe investeringsandele i en finansiel institution og i sektorer, hvor ejerskab eller kontrol er en krævet betingelse for at modtage bevillinger, tilladelser, tildelinger, betalinger og andre fordele. Når ejerskabet af eller kontrollen over investeringsandele vil have negativ indvirkning på et kooperativs mulighed for at opretholde et niveau af canadisk ejerskab eller kontrol, giver 
Canada Cooperatives Act
 mulighed for at begrænse antallet af investeringsandele, der kan ejes, og forbyde ejerskab af investeringsandele.
3.
Med henblik på dette forbehold, forstås ved 
canadisk
: »canadisk« som defineret i 
Canada Business Corporations Regulations, 2001
 eller i 
Canada Cooperatives Regulations
.
Forbehold I-C-4
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Canada Business Corporations Act
, R.S.C. 1985, kap. C-44
Canada Business Corporations Regulations, 2001
, S.O.R./2001-512
Canada Cooperatives Act
, S.C. 1998, kap. 1
Canada Cooperatives Regulations
, S.O.R./99-256
Canada Corporations Act
, R.S.C. 1970, kap. C-32
Særlove fra parlamentet, der omfatter specifikke virksomheder
Beskrivelse:
Investering
1.
Canada Business Corporations Act 
kræver for de fleste føderalt stiftede selskaber, at 25 procent af bestyrelsesmedlemmerne skal være hjemmehørende canadiere, og hvis sådanne selskaber har færre end fire bestyrelsesmedlemmer, skal mindst et bestyrelsesmedlem være hjemmehørende canadier. Som fastlagt i 
Canada Business Corporations Regulations, 2001
, kræves der et simpelt flertal af bestyrelsesmedlemmer, som er hjemmehørende canadiere, for selskaber i følgende sektorer: uranbrydning, bogudgivelse eller -distribution, bogsalg, hvis salget af bøger udgør den primære del af selskabets virksomhed, samt film- eller videodistribution. Tilsvarende skal selskaber, der ved en lov fra parlamentet eller forskrift er individuelt underlagt minimumskrav for canadisk ejerskab, have et flertal af bestyrelsesmedlemmer, som er hjemmehørende canadiere.
2.
For så vidt angår 
Canada Business Corporations Act
, betyder 
hjemmehørende canadier
 en person, som er canadisk statsboger med sædvanligt opholdssted i Canada, en canadisk statsborger uden sædvanligt opholdssted i Canada, som er medlem af en klasse anført i 
Canada Business Corporations Regulations, 2001
, eller en »person med permanent ophold« som defineret i 
Immigration and Refugee Protection Act
, S.C. 2001, kap. 27, bortset fra en person med permanent ophold, som har haft sædvanligt opholdssted i Canada i mere end et år efter at være blevet berettiget til at ansøge om canadisk statsborgerskab.
3.
I tilfælde af et holdingselskab behøver ikke mere end en tredjedel af bestyrelsesmedlemmerne at være hjemmehørende canadiere, hvis holdingselskabets og dets datterselskabers indtjening i Canada udgør mindre end fem procent af holdingselskabets og dets datterselskabers bruttoindtjening.
4.
Canada Cooperatives Act
 kræver, at ikke mindre end to tredjedele af bestyrelsesmedlemmerne skal være medlemmer af kooperativet. Mindst 25 procent af bestyrelsesmedlemmerne i et kooperativ skal være hjemmehørende i Canada. Hvis et kooperativ kun har tre bestyrelsesmedlemmer, skal mindst et bestyrelsesmedlem være hjemmehørende i Canada.
5.
For så vidt angår 
Canada Cooperatives Act
, er en 
hjemmehørende i Canada
 defineret i 
Canada Cooperatives Regulations
 som en person, der er canadisk statsborger og har sædvanligt opholdssted i Canada, en canadisk statsborger uden sædvanligt opholdssted i Canada, og som er medlem af en klasse anført i 
Canada Cooperatives Regulations
, eller en »person med permanent ophold« som defineret i 
Immigration and Refugee Protection Act
, bortset fra en person med permanent ophold, som har haft sædvanligt opholdssted i Canada i mere end et år efter at være blevet berettiget til at ansøge om canadisk statsborgerskab.
Forbehold I-C-5
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Citizenship Act
, R.S.C. 1985, kap. C-29
Foreign Ownership of Land Regulations
, S.O.R./79-416
Beskrivelse:
Investering
1.
Foreign Ownership of Land Regulations
 er udarbejdet i henhold til 
Citizenship Act
 og 
Agricultural and Recreational Land Ownership Act,
 R.S.A. 1980, kap. A-9. I Alberta må en uberettiget person eller et udenlandsk ejet eller kontrolleret selskab kun være indehaver af en rettighed over kontrolleret fast ejendom, der består af højest to grunde, som samlet indeholder højest 20 acres.
2.
Med henblik på dette forbehold forstås ved:
uberettiget person
:
a)
en fysisk person, som ikke er canadisk statsborger eller en person med permanent ophold
b)
en udenlandsk regering eller en udenlandsk offentlig styrelse eller
c)
et selskab stiftet i et andet land end Canada
kontrolleret jord
: jord i Alberta, men som ikke omfatter:
a)kronens gods i Albertab)jord i en by, mindre by, ny by, landsby eller sommerlandsbyc)miner eller mineraler.
Forbehold I-C-6
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Air Canada Public Participation Act
, R.S.C. 1985, kap. 35 (4th Supp.)
Canadian Arsenals Limited Divestiture Authorization Act
, S.C. 1986, kap. 20
Eldorado Nuclear Limited Reorganization and Divestiture Act
, S.C. 1988, kap. 41
Nordion and Theratronics Divestiture Authorization Act
, S.C. 1990, kap. 4
Beskrivelse:
Investering
1.
»En ikke-hjemmehørende« eller »ikke-hjemmehørende« må ikke eje mere end en nærmere bestemt procentdel af aktierne med stemmeret i det selskab, som hver lov gælder for. For nogle virksomheder gælder restriktionerne for individuelle selskabsdeltagere, mens restriktionerne for andre kan gælde samlet set. Hvis der er grænser for den procentdel, som en individuel canadisk investor kan eje, gælder disse grænser også for ikke-hjemmehørende. Restriktionerne er følgende:
Air Canada: 25 procent samlet set
Cameco Limited (tidligere Eldorado Nuclear Limited): 15 procent pr. ikke-hjemmehørende fysiske person, 25 procent samlet set
Nordion International Inc.: 25 procent samlet set
Theratronics International Limited: 49 procent samlet set
Canadian Arsenals Limited: 25 procent samlet set.
2.
med henblik på dette forbehold omfatter 
ikke-hjemmehørende
:
a)
en fysisk person, som ikke er canadisk statsborger og ikke har sædvanligt opholdssted i Canada
b)
et selskab, der er stiftet, oprettet eller på anden vis organiseret uden for Canada
c)
regeringen i en fremmed stat eller en politisk underafdeling under en regering i en fremmed stat eller en person, der er bemyndiget til at varetage en funktion eller opgave på vegne af en sådan regering
d)
et selskab, der kontrolleres direkte eller indirekte af en person eller enhed som omhandlet i litra a)-c)
e)
en trust:
i)
etableret af en person eller en enhed som omhandlet i litra b)-d), bortset fra en trust til forvaltning af en pensionsfond til fordel for fysiske personer, hvoraf flertallet er hjemmehørende i Canada, eller
ii)
i hvilken en person eller en enhed som omhandlet i litra a)-d) har over 50 procent af den egentlige ejers ret,
f)
et selskab, der kontrolleres direkte eller indirekte af en trust som omhandlet i litra e).
Forbehold I-C-7
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Export and Import Permits Act
, R.S.C. 1985, kap. E-19
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun en fysisk person med sædvanligt opholdssted i Canada, et foretagende med hovedkontor i Canada eller en filial i Canada, der tilhører et udenlandsk foretagende, kan ansøge om og få udstedt en import- eller eksporttilladelse eller et transitautorisationscertifikat for en vare eller relateret tjenesteydelse, der er underlagt kontrol i henhold til 
Export and Import Permits Act
.
Forbehold I-C-8
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Canada forbeholder sig ret til at opretholde en foranstaltning vedrørende levering af sociale tjenesteydelser, som ikke i øvrigt er omfattet af forbehold II-C-9 vedrørende sociale tjenesteydelser.
2.
Dette forbehold vedrørende mestbegunstigelsesbehandling gælder ikke for levering af privat undervisningsvirksomhed.
Forbehold I-C-9
Sektor:
Kommunikationstjenester
Delsektor:
Telekommunikationsnet og -tjenester
Radiokommunikation
Brancheklassifikation:
CPC 752
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Telecommunications Act
, S.C. 1993, kap. 38
Canadian Telecommunications Common Carrier Ownership and Control Regulations
, S.O.R./94-667
Radiocommunications Act
, R.S.C. 1985, kap. R-2
Radiocommunication Regulations
, S.O.R./96-484
Beskrivelse:
Investering
1.
Udenlandsk investering i leverandører af telekommunikationstjenester med eget net er begrænset til en maksimal samlet andel på 46,7 procent af stemmerettighederne baseret på 20 procent direkte investering og 33,3 procent indirekte investering.
2.
Leverandører af telekommunikationstjenester med eget net skal reelt være kontrolleret af canadiere.
3.
Mindst 80 procent af medlemmerne af bestyrelsen hos leverandører af telekommunikationstjenester med eget net skal være canadiere.
4.
Uagtet de ovenfor beskrevne restriktioner:
a)
er udenlandsk investering på op til 100 procent tilladt for leverandører, der udfører aktiviteter i henhold til en international søkabelbevilling
b)
kan en udenlandsk tjenesteleverandørs mobile satellitsystemer anvendes af en canadisk tjenesteleverandør til at levere tjenester i Canada
c)
kan en udenlandsk tjenesteleverandørs faste satellitsystemer anvendes til at levere tjenester mellem punkter i Canada og alle punkter uden for Canada
d)
er udenlandsk investering på op til 100 procent tilladt for leverandører, der udfører aktiviteter i henhold til en satellitautorisation
e)
er udenlandsk investering på op til 100 procent tilladt for leverandører af telekommunikationstjenester med eget net, der har indtægter, herunder dem fra deres tilknyttede selskaber, fra levering af telekommunikationstjenester i Canada, som udgør mindre end 10 procent af de samlede indtægter fra telekommunikationstjenester i Canada.
Forbehold I-C-10
Sektor:
Transporttjenester
Delsektor:
Toldklarerere
Anden hjælpevirksomhed i forbindelse med transport
Brancheklassifikation:
CPC 749
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Customs Act
, R.S.C. 1985, kap. 1 (2nd Supp.)
Customs Brokers Licensing Regulations
, S.O.R./86-1067
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For at være toldklarerer med bevilling i Canada:
a)
skal en fysisk person være canadisk statsborger
b)
skal et selskab være stiftet i Canada, og et flertal af dets bestyrelsesmedlemmer skal være canadiske statsborgere
c)
skal et interessentskab bestå af personer, der er canadiske statsborgere, eller af selskaber stiftet i Canada, og et flertal af deres bestyrelsesmedlemmer skal være canadiske statsborgere.
Forbehold I-C-11
Sektor:
Distributionstjenester
Delsektor:
Afgiftsfrie butikker
Brancheklassifikation:
CPC 631, 632 (begrænset til afgiftsfrie butikker)
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Customs Act
, R.S.C. 1985, kap. 1 (2nd Supp.)
Duty Free Shop Regulations
, S.O.R./86-1072
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
For at være operatør af afgiftsfrie butikker med bevilling ved en national grænseovergang i Canada skal en fysisk person:
a)
være canadisk statsborger
b)
opfylde vandelskravene
c)
have primært ophold i Canada
d)
have været bosiddende i Canada i mindst 183 dage i det år, der går forud for året for ansøgning om bevillingen.
2.
For at være operatør af afgiftsfrie butikker med bevilling ved en national grænseovergang i Canada skal et selskab:
a)
være stiftet i Canada
b)
have alle sine andele reelt ejet af canadiske statsborgere, der opfylder kravene i stk. 1.
Forbehold I-C-12
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med undersøgelse vedrørende eksport og import af kulturværdier
Museumstjenester undtagen for steder og bygninger af historisk interesse (begrænset til tjenesteydelser i forbindelse med undersøgelse af kulturværdier)
Brancheklassifikation:
CPC 96321, 87909 (begrænset til tjenesteydelser i forbindelse med undersøgelse af kulturværdier)
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Cultural Property Export and Import Act
, R.S.C. 1985, kap. C-51
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kun en hjemmehørende i Canada eller en institution i Canada kan udnævnes til ekspertundersøger af kulturværdier med henblik på formålene i 
Cultural Property Export and Import Act
.
2.
I dette forbehold forstås ved:
a)   
institution
: en enhed, der er offentligt ejet og udelukkende drives til fordel for offentligheden, og som er etableret til uddannelsesmæssige eller kulturelle formål og konserverer genstande samt udstiller dem
b)   
hjemmehørende i Canada
: en fysisk person, som har sædvanligt opholdssted i Canada, eller et selskab, der har sit hovedkontor i Canada eller driver et foretagende i Canada, hvor ansatte, som er beskæftiget i forbindelse med selskabets virksomhed, sædvanligt møder på arbejde.
Forbehold I-C-13
Sektor:
Forretningstjenesteydelser
Delsektor:
Patentagenter
Patentagenter, der yder advokatbistand og repræsentation
Brancheklassifikation:
CPC 8921
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Patent Act
, R.S.C. 1985, kap. P-4
Patent Rules
, S.O.R./96-423
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at repræsentere en person i forbindelse med behandling af en patentansøgning eller et andet anliggende hos patentmyndigheden skal en patentagent være hjemmehørende i Canada og være registreret af patentmyndigheden.
Forbehold I-C-14
Sektor:
Forretningstjenesteydelser
Delsektor:
Varemærkeagenter
Varemærkeagenter, der yder advokatbistand og repræsentation i forbindelse med lovbestemte procedurer
Brancheklassifikation:
CPC 8922
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Trade-marks Act
, R.S.C. 1985, kap. T-13
Trade-marks Regulations
, S.O.R./96-195
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at repræsentere en person i forbindelse med behandling af en ansøgning om et varemærke eller et andet anliggende hos varemærkemyndigheden skal en varemærkeagent være hjemmehørende i Canada og være registreret af varemærkemyndigheden.
Forbehold I-C-15
Sektor:
Energi (olie og gas)
Delsektor:
Råolie- og naturgasindustri
Tjenesteydelser i forbindelse med minedrift
Brancheklassifikation:
CPC 120, 883
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Canada Petroleum Resources Act
, R.S.C. 1985, kap. 36 (2ndSupp.)
Territorial Lands Act
, R.S.C. 1985, kap. T-7
Federal Real Property and Federal Immovables Act
, S.C. 1991, kap. 50
Canada-Newfoundland Atlantic Accord Implementation Act
, S.C. 1987, kap. 3
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
, S.C. 1988, kap. 28
Beskrivelse:
Investering
1.
Dette forbehold gælder for produktionstilladelser, der udstedes for »grænseland« og »offshore-områder« (områder, der ikke er under provinsjurisdiktion) som defineret i de gældende foranstaltninger.
2.
En person, som er indehaver af en olie- og gasproduktionstilladelse eller har andele deri, skal være et selskab, der er stiftet i Canada.
Forbehold I-C-16
Sektor:
Energi (olie og gas)
Delsektor:
Råolie- og naturgasindustri
Tjenesteydelser i forbindelse med minedrift
Brancheklassifikation:
CPC 120, 883
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Canada Oil and Gas Production and Conservation Act
, R.S.C. 1985, kap. O-7, som ændret ved 
Canada Oil and Gas Operations Act
, S.C. 1992, kap. 35
Canada
 — 
Nova Scotia Offshore Petroleum Resources Accord Implementation Act
, S.C. 1988, kap. 28
Canada
 — 
Newfoundland Atlantic Accord Implementation Act
, S.C. 1987, kap. 3
Foranstaltninger, der gennemfører Canada-Yukon Oil and Gas Accord, herunder 
Canada-Yukon Oil and Gas Accord Implementation Act
, 1998, kap. 5, afsnit 20, og 
Oil and Gas Act
, RSY 2002, kap. 162
Foranstaltninger, der gennemfører Northwest Territories Oil and Gas Accord, herunder gennemførelsesforanstaltninger, der gælder for eller vedtages af Nunavut som de efterfølgende territorier til de tidligere Northwest Territories
Foranstaltninger, der gennemfører Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
I henhold til 
Canada Oil and Gas Operations Act
 skal en »nytteplan« godkendes af ministeren med henblik på autorisation til at gå videre med et olie- og gasudvindingsprojekt.
2.
En 
nytteplan
 betyder en plan for beskæftigelse af canadiere og for at give canadiske producenter, rådgivere, kontrahenter og servicevirksomheder en fuld og fair mulighed for at deltage på et konkurrencemæssigt grundlag i forbindelse med leveringen af varer og tjenesteydelser, der anvendes til foreslået arbejde eller aktivitet som omhandlet i nytteplanen.
3.
Nytteplanen, som er omhandlet i 
Canada Oil and Gas Operations Act
, giver ministeren mulighed for at pålægge ansøgeren et yderligere krav med henblik på at sikre, at ugunstigt stillede personer eller grupper har adgang til uddannelses- og beskæftigelsesmuligheder eller kan deltage i leveringen af varer og tjenesteydelser, der anvendes til foreslået arbejde som omhandlet i nytteplanen.
4.
Bestemmelser, som viderefører de anførte i 
Canada Oil and Gas Operations Act
, indbefattes i love, der gennemfører Canada-Yukon Oil and Gas Accord.
5.
Bestemmelser, som viderefører de anførte i 
Canada Oil and Gas Operations Act
, vil blive indbefattet i love eller forskrifter til gennemførelse af aftaler med forskellige provinser og territorier, herunder gennemførelseslovgivning for provinser og territorier (f.eks. Northwest Territories Oil and Gas Accord, Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord og New Brunswick Oil and Gas Accord). Med henblik på dette forbehold, skal disse aftaler og gennemførelseslovning, så snart de er indgået henholdsvis vedtaget, anses for nuværende foranstaltninger.
6.
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 
og 
Canada-Newfoundland Atlantic Accord Implementation Act 
har det samme krav om en nytteplan, men kræver også at nytteplanen sikrer, at
a)
selskabet eller anden organisation, der fremsender planen, etablerer et kontor i den pågældende provins, hvor passende niveauer af beslutningstagning skal finde sted, inden der udføres arbejde eller en aktivitet i offshore området
b)
der afholdes udgifter til forskning og udvikling, som skal udføres i provinsen, og til undervisning og uddannelse, der skal tilvejebringes i provinsen
c)
varer produceret eller tjenesteydelser leveret internt i provinsen kommer først i betragtning, når disse varer eller tjenesteydelser er konkurrencedygtige med hensyn til fair markedspris, kvalitet og levering.
7.
Styrelserne, der administrerer nytteplanen i henhold til disse love, kan også kræve, at planen indbefatter bestemmelser med henblik på at sikre, at ugunstigt stillede personer eller grupper samt selskaber eller kooperativer, der drives af dem, deltager i leveringen af varer og tjenesteydelser, der anvendes til foreslået arbejde eller aktivitet som omhandlet i planen.
8.
Endvidere kan Canada pålægge et krav eller håndhæve en forpligtelse eller et tilsagn med hensyn til overdragelse af teknologi, en produktionsproces eller anden ejendomsretligt beskyttet viden til en person i Canada i forbindelse med godkendelsen af udvindingsprojekter i henhold til de gældende love.
Forbehold I-C-17
Sektor:
Energi (olie og gas)
Delsektor:
Råolie- og naturgasindustri
Tjenesteydelser i forbindelse med minedrift
Brancheklassifikation:
CPC 120, 883
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Canada-Newfoundland Atlantic Accord Implementation Act
, S.C. 1987, kap. 3
Hibernia Development Project Act
, S.C. 1990, kap. 41
Beskrivelse:
Investering
1.
I henhold til 
Hibernia Development Project Act
 kan Canada og ejerne af Hibernia-projektet indgå aftaler. Disse aftaler kan kræve, at projektejerne skal forestå og udføre bestemt arbejde i Canada og Newfoundland samt gøre deres yderste for at opnå specifikke canadiske og newfoundlandske målsætningsniveauer i forbindelse med bestemmelserne i en »nytteplan«, som kræves i henhold til 
Canada-Newfoundland Atlantic Accord Implementation Act
. »Nytteplaner« beskrives yderligere i Canadas forbehold I-C-16.
2.
Endvidere kan Canada i forbindelse med Hibernia-projektet pålægge et krav eller håndhæve en forpligtelse eller et tilsagn med hensyn til overdragelse af teknologi, en produktionsproces eller anden ejendomsretligt beskyttet viden til en statsborger eller et foretagende i Canada.
Forbehold I-C-18
Sektor:
Forretningstjenesteydelser
Delsektor:
Uranminer
Tjenesteydelser i forbindelse med minedrift
Brancheklassifikation:
CPC 883
Forbeholdstype:
National behandling
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Investment Canada Act
, R.S.C. 1985, kap. 28 (1st Supp.)
Investment Canada Regulations
, S.O.R./85-611
Non-Resident Ownership Policy in the Uranium Mining Sector
, 1987
Beskrivelse:
Investering
1.
Ejerskab af en ejendom til uranbrydning er for »ikke-canadiere«, som defineret i 
Investment Canada Act
, begrænset til 49 procent på første produktionstrin. Undtagelser for denne begrænsning kan tillades, hvis det kan godtgøres, at ejendommen reelt er »canadisk kontrolleret«, som defineret i 
Investment Canada Act
.
2.
Undtagelser fra 
Non-Resident Ownership Policy in the Uranium Mining Sector
 tillades efter godkendelse fra guvernøren i rådet og kun i tilfælde, hvor canadiske deltagere i ejerskabet af ejendommen ikke er til stede. Investeringer i ejendomme, der er foretaget af ikke-canadiere før 23. december 1987, og som ligger over det tilladte ejeskabsniveau, kan fortsat være gyldige. En forøgelse af ikke-canadisk ejerskab er ikke tilladt.
3.
Når en anmodning fra en investor i Den Europæiske Union om en undtagelse fra politikken tages i betragtning, vil Canada ikke kræve godtgørelse af, at der ikke kan findes en canadisk partner.
Forbehold I-C-19
Sektor:
Forretningstjenesteydelser
Delsektor:
Revision
Brancheklassifikation:
CPC 862
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bank Act
, S.C. 1991, kap. 46
Insurance Companies Act
, S.C. 1991, kap. 47
Cooperative Credit Associations Act
, S.C. 1991, kap. 48
Trust and Loan Companies Act
, S.C. 1991, kap. 45
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
1.
Banker skal have et revisionsfirma til at være revisorer for banken. Et revisionsfirma skal være kvalificeret som anført i 
Bank Act.
 Blandt de krævede kvalifikationer er, at to eller flere medlemmer af firmaet skal have sædvanligt opholdssted i Canada, og at det medlem af firmaet, der af firmaet og banken i fællesskab er udpeget til at udføre revisionen, skal have sædvanligt opholdssted i Canada.
2.
Et forsikringsselskab, et andelskreditinstitut og et investerings- eller låneselskab kræver en revisor, som enten kan være en fysisk person eller et revisionsfirma. En revisor for en sådan institution skal være kvalificeret som anført i 
Insurance Companies Act
, 
Cooperative Credit Associations Act
 eller 
Trust and Loan Companies Act
. Hvis en fysisk person udpeges til at være revisor for en sådan finansiel institution, kræves der blandt kvalifikationerne, at den person skal have sædvanligt opholdssted i Canada. Hvis et revisionsfirma udpeges til at være revisor for en sådan finansiel institution, skal det medlem af firmaet, der af firmaet og den finansielle institution i fællesskab er udpeget til at udføre revisionen, have sædvanligt opholdssted i Canada.
Forbehold I-C-20
Sektor:
Transport
Delsektor:
Lufttransporttjenester (passagerer og gods)
»Specialluftfartstjenester« (som anført under elementet 
Beskrivelse
 nedenfor)
Kurervirksomhed
Brancheklassifikation:
CPC 73, 7512, »specialluftfartstjenester« (som beskrevet i elementet 
Beskrivelse
 nedenfor)
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Canada Transportation Act
, S.C. 1996, kap. 10
Aeronautics Act
, R.S.C. 1985, kap. A-2
Canadian Aviation Regulations
, S.O.R./96-433:
Part II, Subpart 2 — »Aircraft Markings and Registration«;
Part IV »Personnel Licensing and Training«;
Part VII »Commercial Air Services«
Beskrivelse:
Investering
1.
Afsnit 55 i 
Canada Transportation Act
 definerer »canadier/canadisk« på følgende måde:
2.
»...« canadier/canadisk»: en canadisk statsborger eller en person med permanent ophold i henhold til afsnit 2, stk. 1, i 
Immigration and Refugee Protection Act
, en regering i Canada eller en styrelse under en sådan regering eller et selskab eller en anden enhed, der er stiftet eller oprettet i henhold til lovene i Canada eller en provins, og som reelt er kontrolleret af canadiere, og i hvilke mindst femoghalvfjerds procent eller en mindre procentdel, som guvernøren i rådet kan fastsætte ved forskrifter, af stemmerettighederne ejes og kontrolleres af canadiere...«.
3.
Forskrifter, der er udarbejdet i henhold til 
Aeronautics Act
, inkorporerer ved hjælp af en henvisning den definition på »canadier/canadisk«, der findes i 
Canada Transportation Act
. Disse forskrifter kræver, at en canadisk operatør af kommercielle luftfartstjenester driver canadisk registrerede luftfartøjer. Disse forskrifter kræver, at en operatør skal være canadisk med henblik på at kunne opnå et canadisk luftfartscertifikat og kunne registrere luftfartøjer som »canadiske«.
4.
Kun canadiere må levere følgende kommercielle lufttransporttjenester:
a)
indenlandske tjenester (luftfartstjenester mellem punkter eller fra og til samme punkt på canadisk område eller mellem et punkt på canadisk område og et punkt, der ikke befinder sig på et andet lands territorium)
b)
planlagte internationale tjenester (planlagte luftfartstjenester mellem et punkt på canadisk område og et punkt på et andet lands område), hvis disse tjenester er forbeholdt canadiske transportvirksomheder i henhold til nuværende og fremtidige aftaler om luftfartstjenester
c)
ikke-planlagte internationale tjenester (ikke-planlagte luftfartstjenester mellem et punkt på Canadas territorium og et punkt på et andet lands territorium), hvis disse tjenester er forbeholdt canadiske transportvirksomheder i henhold til 
Canada Transportation Act
;
d)
specialluftfartstjenester, herunder kortlægning fra luften, opmåling fra luften, luftfotografering, skovbrandsforvaltning, brandbekæmpelse, luftreklame, slæbning af svævefly, fladskærmsudspring, byggeri fra luften, skovning med helikopter, inspektion fra luften, overvågning fra luften, flyvetræning, rundtur fra luften og sprøjtning fra luften.
5.
Ingen udenlandsk person er kvalificeret til at blive registreret ejer af et canadisk registreret luftfartøj.
6.
Ud over 
Canadian Aviation Regulations
 må et selskab, der er stiftet i Canada, men som ikke opfylder kravene for canadisk ejerskab og kontrol, kun registrere et luftfartøj til privat anvendelse, når en væsentlig hoveddel af luftfartøjets anvendelse (mindst 60 procent) finder sted i Canada.
7.
Canadian Aviation Regulations
 har også den virkning at begrænse udenlandsk registrerede private luftfartøjer, der er registreret til ikke-canadiske selskaber, til højst at måtte befinde sig i Canada i 90 dage for hver periode på tolv måneder. Et udenlandsk registreret privat luftfartøj skal begrænses til privat anvendelse, ligesom det ville være tilfældet for canadisk registrerede luftfartøjer, der kræver et privat luftfartscertifikat.
Forbehold I-C-21
Sektor:
Transport
Delsektor:
Reparation og vedligeholdelse af luftfartøjer
Groundhandling (kun linjevedligeholdelse) som defineret i kapitlerne om grænseoverskridende handel med tjenesteydelser og investering
Brancheklassifikation:
»Reparation og vedligeholdelse af luftfartøjer« og »groundhandling« (kun linjevedligeholdelse) som defineret i artikel 8.1 (definitioner) og artikel 9.1 (definitioner)
Forvaltningsniveau:
Nationalt
Forbeholdstype:
National behandling
Markedsadgang
Foranstaltninger:
Aeronautics Act
, R.S.C. 1985, kap. A-2
Canadian Aviation Regulations
, S.O.R./96-433:
Part IV »Personnel Licensing and Training«;
Part V »Airworthiness«;
Part VI »General Operating and Flight Rules«;
Part VII »Commercial Air Services«
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Reparation af luftfartøjer og andre luftfartsprodukter, eftersyn eller vedligeholdelsesaktiviteter (herunder linjevedligeholdelse), som er nødvendig med henblik på at opretholde luftdygtigheden for canadisk registrerede luftfartøjer og andre luftfartsprodukter, skal udføres af personer, der opfylder canadiske myndighedskrav for luftfart (dvs. godkendte vedligeholdelsesorganisationer og vedligeholdelsesteknikere inden for luftfartøjer). Der gives ikke certificeringer til personer, der har hjemsted uden for Canada, undtagen i forbindelse med underorganisationer af godkendte vedligeholdelsesorganisationer, som har hjemsted i Canada.
Forbehold I-C-22
Sektor:
Transport
Delsektor:
Planlagt og ikke-planlagt passagerbefordring og godstransport ad vej, herunder kurertjenester.
Brancheklassifikation:
CPC 7121, 7122, 7123, 7512
Forvaltningsniveau:
Nationalt
Forbeholdstype:
National behandling
Markedsadgang
Foranstaltninger:
Motor Vehicle Transport Act
, R.S.C. 1985, kap. 29 (3rd Supp.), som ændret ved S.C. 2001, kap. 13.
Canada Transportation Act
, S.C. 1996, kap. 10
Customs Tariff
, S.C. 1997, kap. 36
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun personer fra Canada, der anvender canadisk registrerede og enten canadisk byggede eller afgiftsbetalte lastbiler eller busser, må levere lastbil- eller bustjenester mellem punkter på canadisk område.
Forbehold I-C-23
Sektor:
Transport
Delsektor:
Transporttjenester ad vandveje (passagerer og gods) med søgående og ikke-søgående fartøjer
Støttevirksomhed og andre tjenesteydelser i forbindelse med søtransport
Anlæg af sejlløb, havne, dæmninger og andre vandbygningsværker
Enhver anden kommerciel havaktivitet, der udføres fra et fartøj
Brancheklassifikation:
CPC 721, 722, 745, 5133, 5223 og enhver anden kommerciel havaktivitet, der udføres fra et fartøj
Forvaltningsniveau:
Nationalt
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Foranstaltninger:
Canada Shipping Act
, 
2001
, S.C. 2001, kap. 26
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransportydelser
1.
For at registrere et fartøj i Canada skal ejeren af det fartøj eller den person, der har enerådighed over det fartøj, være:
a)
canadisk statsborger eller en person med permanent ophold i den i afsnit 2, stk. 1, i 
Immigration and Refugee Protection Act
 fastlagte betydning
b)
et selskab, der er stiftet i henhold til Canadisk ret eller en provins eller et territorium, eller
c)
såfremt fartøjet ikke allerede er registreret i et andet land, et selskab, der er stiftet i henhold til lovene i et andet land end Canada, hvis en af følgende aktører handler med hensyn til alle anliggender i forbindelse med fartøjet, dvs.:
i)
et datterselskab af det selskab, som er stiftet i henhold til loven i Canada eller en provins eller et territorium
ii)
en ansat eller et bestyrelsesmedlem i Canada i enhver filial af det selskab, der driver virksomhed i Canada, eller
iii)
et skibsadministrationsselskab, der er stiftet i henhold til loven i Canada eller en provins eller et territorium.
2.
Et fartøj, der er registreret i et fremmed land, og som er blevet totalbefragtet, kan indskrives i Canada under befragtningens varighed, mens fartøjets registrering suspenderes i dets registreringsland, hvis befragteren er:
a)
canadisk statsborger eller en person med permanent ophold, som defineret i afsnit 2, stk. 1, i 
Immigration and Refugee Protection Act
, eller
b)
et selskab, der er stiftet i henhold til loven i Canada eller en provins eller et territorium.
Forbehold I-C-24
Sektor:
Transport
Delsektor:
Transporttjenester ad vandveje (passagerer og gods) med søgående og ikke-søgående fartøjer
Støttevirksomhed og andre tjenesteydelser i forbindelse med søtransport
Anlæg af sejlløb, havne, dæmninger og andre vandbygningsværker
Enhver anden kommerciel havaktivitet, der udføres fra et fartøj
Brancheklassifikation:
CPC 721, 722, 745, 5133, 5223 og enhver anden kommerciel havaktivitet, der udføres fra et fartøj
Forvaltningsniveau:
Nationalt
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Foranstaltninger:
Canada Shipping Act
, 
2001
, S.C. 2001, kap. 26
Marine Personnel Regulations
, S.O.R./2007-115
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser og internationale søtransportydelser
Fartøjsførere, styrmænd, maskinmestre og visse andre søfarende skal være indehavere af et certifikat, der udstedes af transportministeren, som et krav for tjeneste på canadisk registrerede fartøjer. Disse certifikater kan kun udstedes til canadiske statsborgere eller personer med permanent ophold.
Forbehold I-C-25
Sektor:
Transport
Delsektor:
Lodsning og anløbstjenester
Brancheklassifikation:
CPC 74520
Forvaltningsniveau:
Nationalt
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Foranstaltninger:
Pilotage Act
, R.S.C. 1985, kap. P-14
General Pilotage Regulations
, S.O.R./2000-132
Atlantic Pilotage Authority Regulations
, C.R.C. kap. 1264
Laurentian Pilotage Authority Regulations
, C.R.C. kap. 1268
Great Lakes Pilotage Regulations
, C.R.C. kap. 1266
Pacific Pilotage Regulations
, C.R.C. kap. 1270
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser og internationale søtransportydelser
I henhold til Canadas forbehold II-C-15 kræves der en bevilling eller et lodscertifikat, der udstedes af den pågældende regionale lodsmyndighed, for at kunne levere lodstjenester i de lodspligtige farvande på canadisk territorium. Kun en canadisk statsborger eller en person med permanent ophold kan opnå en bevilling eller et lodscertifikat. En person med permanent ophold i Canada, som har fået udstedt en lodsbevilling eller et lodscertifikat, skal blive canadisk statsborger inden for fem år efter modtagelse af den bevilling eller det lodscertifikat for at beholde den eller det.
Forbehold I-C-26
Sektor:
Transport
Delsektor:
Transporttjenester med søgående og ikke-søgående fartøjer
Brancheklassifikation:
CPC 721, 722
Forvaltningsniveau:
Nationalt
Forbeholdstype:
Mestbegunstigelsesbehandling
Forpligtelser
Foranstaltninger:
Coasting Trade Act
, S.C. 1992, kap. 31
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser og internationale søtransportydelser
Forbuddene i henhold til 
Coasting Trade Act
, som er anført i Canadas forbehold II-C-14, gælder ikke for noget fartøj, der ejes af regeringen i Amerikas Forenede Stater, når det udelukkende anvendes med det formål at transportere varer, som ejes af regeringen i Amerikas Forenede Stater, fra canadisk territorium med henblik på at forsyne lokaliteter i systemet for tidlig fjernvarsling (DEW).
Forbehold I-C-27
Sektor:
Transport
Delsektor:
Planlagt eller ikke-planlagt passagerbefordring ad vej
Brancheklassifikation:
CPC 7121, 7122
Forvaltningsniveau:
Nationalt
Forbeholdstype:
Markedsadgang
National behandling
Foranstaltninger:
Motor Vehicle Transport Act
, R.S.C. 1985, kap. 29 (3
rd
 Supp.), som ændret ved S.C. 2001, kap. 13
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Provinsstyrelser har fået overdraget beføjelse til at give personer tilladelse til at levere ekstraprovinsielle (mellem provinser og grænseoverskridende) bustjenester i deres pågældende provinser og territorier på samme grundlag som lokale bustjenester. De fleste provinsstyrelser tillader levering af lokale bustjenester på grundlag af en undersøgelse af almenvellets interesse og behov.
Forbehold I-C-28
Sektor:
Transport
Delsektor:
Alle transportdelsektorer
Brancheklassifikation:
CPC 7
Forvaltningsniveau:
Nationalt
Forbeholdstype:
Markedsadgang
Foranstaltninger:
Canada Transportation Act
, S.C. 1996, kap. 10
Beskrivelse:
Investering
I henhold til 
Canada Transportation Act
 kræver enhver foreslået udførelse, som indbefatter et transportmæssigt forehavende, der rejser spørgsmål med hensyn til offentlig interesse, eftersom det vedrører national transport som fastslagt af ministeren, godkendelse af guvernøren i rådet.
Forbehold I-C-29
Sektor:
Transport
Delsektor:
Posttjenester, posttransport med enhver transportform.
Brancheklassifikation:
CPC 71124, 71235, 7321, 7511
Forvaltningsniveau:
Nationalt
Forbeholdstype:
Markedsadgang
Foranstaltninger:
Canada Post Corporation Act, 
R.S.C. 1985, kap. C-10
Letter Definition Regulations, 
S.O.R./83-481
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Ene- og eksklusivretten til at indsamle, videresende og levere »breve« i Canada, som defineret i 
Letter Definition Regulations
 er forbeholdt postmonopolet.
Til præcisering: Aktiviteter med relation til ene- og eksklusivretten kan også begrænses, herunder udstedelse af frimærker samt installation, opførelse eller flytning på et offentligt sted af en postkasse eller anordning, der skal anvendes til indsamling, levering eller opbevaring af post.
Canadas liste — provins- og territorieniveau
Forbehold, der gælder i Alberta
Forbehold I-PT-1
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsføring
Revision og bogføring
Brancheklassifikation:
CPC 862
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Regulated Accounting Profession Act
, R.S.A. 2000, c. R-12
Certified General Accountants Regulation
, Alta. Reg. 176/2001
Certified Management Accountants Regulation
, Alta. Reg. 177/2001
Chartered Accountants Regulation, 
Alta. Reg. 178/2001
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En ansøger, der ønsker at blive registreret som et reguleret medlem, skal fremlægge dokumentation for canadisk statsborgerskab eller for, at vedkommende er rejst ind i Canada på lovlig vis og har ret til at arbejde i Canada. Hvert kontor i Alberta, som tilhører en registreret ansøger, der udøver offentlig regnskabspraksis, skal være under et medlems personlige ansvar og ledelse, og vedkommende skal normalt være til rådighed med henblik på at opfylde klienters behov inden for de tidsperioder, hvor kontoret er åbent for offentligheden.
Forbehold I-PT-2
Sektor:
Forretningstjenesteydelser
Delsektor:
Veterinære tjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Veterinary Profession Act
, R.S.A. 2000, c. V-2
General Regulation
, Alta. Reg. 44/86
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun canadiske statsborgere eller personer, der på lovlig vis har fået adgang og berettigelse til at arbejde i Canada, kan blive godkendt til registrering af registreringsudvalget efter fremlæggelse af tilfredsstillende dokumentation med henblik på dette.
Forbehold I-PT-3
Sektor:
Fast ejendom
Delsektor:
Tjenesteydelser vedrørende fast ejendom, som involverer egen eller leaset ejendom, eller som er på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 821, 822, 81331
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Real Estate Act
,
 R.S.A. 2000, c. R–5
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Tjenesteydere er tilladt gennem mæglervirksomhed, som skal have et registreret forretningssted i provinsen. Det registrerede forretningssted skal være: det sted, hvorfra den pågældende person udøver virksomhed, under tjenesteudbyderens tilsyn og det sted, hvor de påkrævede regnskaber skal opbevares i henhold til loven.
Forbehold I-PT-4
Sektor:
Forretningstjenesteydelser
Delsektor:
Landmåling
Brancheklassifikation:
CPC 8675
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Land Surveyors Act
, R.S.A. 2000, c. L-3
Beskrivelse:
Investering
For tjenesteydelser, der ydes af et selskab, skal den handelmæssige tilstedeværelse være i form af en landmålervirksomhed.
Forbehold I-PT-5
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107, 643, 88411
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Gaming and Liquor Act
,R.S.A. 2000, c. G-1
Gaming and Liquor Regulation, 
Alta. Reg. 143/96
Politikker fra Alberta Gaming and Liquor Commission Board
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver Alberta tilladelse til at kontrollere fremstilling, import, salg, køb, besiddelse, opbevaring, transport, anvendelse og indtagelse af spiritus, herunder gennem tilladelser og bevillinger, som kan omfatte statsborgerskab, bopæl og andre begrænsninger for etablering, drift og tilvejebringelse af disse aktiviteter.
Forbehold I-PT-6
Sektor:
Landbrug
Delsektor:
Jord
Tjenesteydelser i forbindelse med landbrug
Brancheklassifikation:
CPC 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale), 531
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Provincial Parks Act
, R.S.A. 2000, c. P-35
Provincial Parks (Dispositions) Regulations
, Alta. Reg. 241/77
Provincial Parks (General) Regulation, 
Alta. Reg. 102/85
Dispositions and Fees Regulation
, Alta. Reg. 54/2000
Special Areas Disposition Regulation
, Alta. Reg. 137/2001
Declaration Regulation
,Alta. Reg. 195/2001
Forest Reserves Regulation
, Alta. Reg. 42/2005
Beskrivelse:
Investering
Overdragelse i forbindelse med statsjord (»Crown land«), også i parker på provinsniveau, er begrænset til personer, der er bosiddende i Alberta, som er canadiske statsborgere, eller personer med fast bopæl i henhold til 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27.
Forbehold I-PT-7
Sektor:
Jagt
Delsektor:
Tjenesteydelser i forbindelse med jagt
Selvstændige jagtguider
Andre kulturelle aktiviteter
Brancheklassifikation:
CPC 0297, 8813, 96419, 9633
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Wildlife Act
, R.S.A. 2000, c. W-10
Wildlife Regulation
, Alta. Reg. 143/97
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Krav om statsborgerskab eller om fast bopæl kan pålægges som en betingelse for udnævnelser, tilladelser eller bevillinger i forbindelse med guidning og outfitting til vildtjagt. Krav om statsborgerskab eller om fast bopæl kan også pålægges som en betingelse for tilladelser eller bevillinger til at holde dyr i fangenskab, taksidermi, garvning, pelshandel eller pelshåndtering.
Forbehold I-PT-8
Sektor:
Transport
Delsektor:
Vejtransport
Passagerbefordring
Brancheklassifikation:
CPC 7121, 7122
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Motor Transport Act, 
R.S.A. 2000, c. M-21
Motor Vehicle Administration Act, 
R.S.A. 2000, M-23
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kan pålægges en analyse af offentlige hensyn og behov forud for godkendelsen af en licens med henblik på at levere bustransport i byer og ikke-regelmæssige/regelmæssige tjenester, herunder også under anvendelsen af nogle eller alle af følgende kriterier: de nuværende serviceniveauers tilstrækkelighed markedsbetingelser, der skaber grundlag for kravet om udvidet service virkningen af nye aktører for offentlige hensyn, herunder hensynet til kontinuitet og servicekvalitet, og ansøgerens egnethed, vilje og evne til at levere en korrekt service.
Forbehold I-PT-9
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Politik for industrielle fordele
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Ansøgere kan pålægges præstationskrav (f.eks. et krav om, at tjenesteydere fra Alberta eller Canada skal komme først i betragtning, hvis de er konkurrencedygtige med hensyn til pris og kvalitet) for så vidt angår alle store projekter, der kræver tilladelser i forbindelse med industriel udvikling, skovforvaltning, tjæresand, kraft- eller gasværker samt kuludnyttelse.
Forbehold I-PT-10
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Business Corporations Act
, R.S.A. 2000, c. B-9
Business Corporations Regulation
, Alta. Reg. 118/2000
Companies Act
, R.S.A. 2000, c. C-21
Cooperatives Act
, S.A. 2001, c. C-28.1
Partnership Amendment Act
, R.S.A. 2000 (Supp.), c. P-25
Societies Act
, R.S.A. 2000, c. S-14
Beskrivelse:
Investering
1.
Mindst 25 procent af bestyrelsesmedlemmerne i et selskab fra Alberta skal være hjemmehørende canadiere.
2.
For så vidt angår disse foranstaltninger, betyder »hjemmehørende canadier« en person, der er:
a)
canadisk statsborger, der har fast bopæl i Canada
b)
canadisk statsborger, der ikke har fast bopæl i Canada, og som er medlem af en forud fastlagt persongruppe, eller
c)
en person med fast bopæl i henhold til 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27, og med fast bopæl i Canada.
Forbehold I-PT-11
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Land Titles Act
, R.S.A. 2000, c. L-4
Agricultural and Recreational Land Ownership Act
, R.S.A. 2000, c. A-9
Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta
, Alta. Reg. 160/79
Public Lands Act
, R.S.A. 2000, c. P-40
Beskrivelse:
Investering
Arealer, der ejes af det offentlige, kan ikke sælges til:
a)
en person, der ikke er canadisk statsborger eller har fast bopæl som defineret i 
Immigration and Refugee Protection Act, 
S.C.2001, c. 27
b)
et selskab, der ikke er et canadisk selskab, eller
c)
en person eller et selskab, der fungerer som trustforvalter for en person, der ikke er canadisk statsborger eller har fast bopæl som defineret i 
Immigration and Refugee Protection Act
, eller for et selskab, der ikke er et canadisk selskab.
Forbehold I-PT-12
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Gaming and Liquor Act
, R.S.A. 2000, c. G-1
Horse Racing Alberta Act
, RSA 2000, c. H-11.3
Gaming and Liquor Regulation
, Alta. Reg. 143/1996
Politikker fra Alberta Gaming and Liquor Commission Board
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver Alberta tilladelse til at regulere og autorisere tjenesteydelser, leverandører af tjenesteydelser, fremstilling, leverandører af materialer, drift og reparationer i forbindelse med lotterisystemer, spillemaskiner, hasardspil, væddeløb, bingospil og kasinoer samt lignende aktiviteter, herunder gennem tilladelser og bevillinger, som kan omfatte statsborgerskab, bopæl og andre begrænsninger for etablering, drift og tilvejebringelse af disse aktiviteter.
Forbehold I-PT-13
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med husdyravl
Brancheklassifikation:
CPC 8812
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Stray Animals Act
, R.S.A. 2000, c. S-20
Horse Capture Regulation
, Alta. Reg. 59/94
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun en canadisk statsborger eller en person, der på lovligvis har fået adgang til Canada med henblik på fast bopæl, kan ansøge om, opnå eller være indehaver af en tilladelse til at indfange, fodre, jage, forfølge, følge efter, opspore eller snige sig ind på heste på et offentligt areal i Alberta, der er udpeget til indfangning af heste efter tilladelse.
Forbehold, der gælder i Britisk Columbia
Forbehold I-PT-14
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Brancheklassifikation:
CPC 03
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Forest Act,
 R.S.B.C. 1996, c. 157
Beskrivelse:
Investering
Alt tømmer, der fældes fra provinsarealer, skal enten anvendes i provinsen eller forarbejdes til andre varer i provinsen. Provinsen kan dog bevilge en undtagelse fra dette krav, hvis tømmeret er i overskud i forhold til behovene på forarbejdningsanlæg i provinsen, hvis det ikke kan forarbejdes på økonomisk vis i nærheden af hugstområdet og ikke kan transporteres på økonomisk vis til et andet anlæg i provinsen, eller hvis en undtagelse ville forhindre spild eller forbedre udnyttelsen af træet.
Forbehold I-PT-15
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
CPC 8611
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Evidence Act,
 R.S.B.C. 1996, c. 124
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
En person skal være canadisk statsborger eller have fast bopæl for kunne blive udpeget som kommissær, der kan modtage erklæringer på tro og love.
Forbehold I-PT-16
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsføring, revision og bogføring
Brancheklassifikation:
CPC 862
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Accountants (Certified General) Act,
 R.S.B.C. 1996. c. 2
Accountants (Chartered) Act
, R.S.B.C. 1996, c. 3
Accountants (Management) Act, 
R.S.B.C. 1996, c. 4
Beskrivelse:
Investering
Regnskabskontorerne skal ledes af en person, der er hjemmehørende i British Columbia.
Forbehold I-PT-17
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Cooperative Association Act, 
S.B.C. 1999, c. 28
Society Act
, R.S.B.C. 1996, c. 433
Beskrivelse:
Investering
1.
I henhold til 
Cooperative Association Act
 skal flertallet af bestyrelsesmedlemmer i en sammenslutning, der er stiftet i henhold til den lov, være hjemmehørende canadiere, og mindst et bestyrelsesmedlem skal være hjemmehørende i provinsen.
2.
I henhold til 
Society Act
 skal mindst et bestyrelsesmedlem i en forening, der er stiftet i henhold til den lov, være hjemmehørende i provinsen.
Forbehold I-PT-18
Sektor:
Forretningstjenesteydelser
Delsektor:
Advokater og notarer
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Notaries Act
, R.S.B.C. 1996, c. 334
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun canadiske statsborgere eller personer med fast bopæl i Canada kan certificeres som notarius publicus i British Columbia. 
Notaries Act
 pålægger begrænsninger med hensyn til notarers mulighed for at levere tjenesteydelser gennem et notarselskab. Trustfonde skal være anbragt i regulerede finansieringsinstitutter på provins- eller føderalt niveau.
Forbehold I-PT-19
Sektor:
Turisme
Delsektor:
Tjenesteydelser i forbindelse med jagt (jagtguider, outfittere, og vejledninger i lystfiskeri)
Tjenesteydelser i forbindelse med fiskeri
Rejsebureau-, turoperatør- og turistguider
Brancheklassifikation:
CPC 8813, 882, 96419
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Wildlife Act
, R.S.B.C. 1996, c. 488
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun canadiske statsborgere eller personer med fast bopæl i Canada kan få udstedt tilladelse til at udgive vejledninger inden for outfitting og lystfiskeri.
Forbehold I-PT-20
Sektor:
Skovbrug
Delsektor
Andre liberale tjenesteydelser
Produkter fra skovbrug og skovning
Tjenesteydelser i forbindelse med skovbrug og skovning
Brancheklassifikation:
CPC 03, 8814
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Foresters Act,
 S.B.C. 2003, c. 19
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For at kunne blive registreret som professionel forstmand skal der først opnås mindst 24 måneders relevant erhvervserfaring i British Columbia. I nogle tilfælde er professionelle forstmænd, der allerede er registreret i andre Canadiske jurisdiktioner, fritaget fra dette krav.
Forbehold I-PT-21
Sektor:
Skovbrug
Delsektor:
Tjenesteydelser i forbindelse med fremstillingsvirksomhed
Tilladelse til fældning af juletræer
Tilladelser til bjærgning af træ
Småskovslicenser (Woodlot licences)
Brancheklassifikation:
CPC 03, 8814
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Forest Act,
 R.S.B.C. 1996, c. 157
Beskrivelse:
Investering
1.
Kun canadiske statsborgere, personer med fast bopæl eller et selskab, der ledes af personer, som er canadiske statsborgere eller har fast bopæl i Canada, kan få tilladelse til at fælde juletræer.
2.
Kun canadiske statsborgere eller personer med fast bopæl kan ansøge om tilladelser til bjærgning af træ.
3.
Kun canadiske statsborgere, personer med fast bopæl eller et selskab, bortset fra en forening, der ledes af personer, som er canadiske statsborgere eller har fast bopæl, kan ansøge om småskovslicenser.
4.
Afstanden mellem privat bopæl og den foreslåede licens til bjærgning af træ i småskove samt strækning og størrelse på privat jord, som skal medtages i det foreslåede skovområde, er to af de kriterier, der anvendes i forbindelse med tildelingen af en bevilling.
Forbehold I-PT-22
Sektor:
Skovbrug
Delsektor:
Skovbrug og skovning
Brancheklassifikation:
CPC 03
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Forest Act,
 R.S.B.C. 1996, c. 157
Beskrivelse:
Investering
1.
Kun følgende enheder må indgå en aftale om et specifikt lokalt skovområde:
a)
en forening, der er stiftet i henhold til 
Society Act, 
R.S.B.C. 1996, c. 433
b)
en sammenslutning som defineret i 
Cooperative Association Act
, S.B.C. 1999, c. 28
c)
et selskab, hvis selskabet er etableret ved eller i henhold til en retsforskrift eller er registreret som en virksomhed uden for provinsen i henhold til 
Business Corporations Act
, S.B.C. 2002, c. 57
d)
et interessentskab, hvis interessentskabet består af kommuner eller regionale distrikter, foreninger, sammenslutninger, virksomheder eller virksomheder uden for provinsen eller en kombination af de førnævnte, eller
e)
en kommune eller et regionalt distrikt.
2.
Aftaler om et specifikt lokalt skovområde kan tildeles direkte.
Forbehold I-PT-23
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Havebrug og gartneri
Tjenesteydelser i forbindelse med landbrug (bortset fra leje af landbrugsudstyr med betjeningspersonale)
Tjenesteydelser i forbindelse med husdyravl
Brancheklassifikation:
CPC 01, 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale), 8812
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Range Act,
 S.B.C. 2004, c. 71
Beskrivelse:
Investering
En ansøger, der kan påvise lokal tilstedeværelse, skal gives fortrinsret ved tildelingen af græsningsbevillinger og -tilladelser.
Forbehold I-PT-24
Sektor:
Skovbrug
Delsektor:
Skovbrug og skovning
Brancheklassifikation:
CPC 03
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Forest Act,
 R.S.B.C. 1996, c. 157
Beskrivelse:
Investering
Det kan kræves af en ansøger, at vedkommende forpligter sig til at etablere et fremstillingsanlæg for at komme i betragtning til en bevilling i forbindelse med et skovområde.
Forbehold I-PT-25
Sektor:
Skovbrug
Delsektor:
Skovbrug og skovning
Brancheklassifikation:
CPC 03
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Forest Act,
 R.S.B.C. 1996, c. 157
Beskrivelse:
Investering
Tildelingen af en bevilling til bjærgning af træ i et specifikt område er begrænset til særlige grupper, især foreninger og kooperative sammenslutninger, med henblik på f.eks. at tilvejebringe sociale og økonomiske fordele for British Columbia, bidrage til offentlige indtægter, tilvejebringe muligheder for at opfylde en række målsætninger i dette område, herunder beskæftigelse og andre sociale, miljømæssige og økonomiske fordele, tilskynde til samarbejde i området og blandt interessenter, muliggøre anvendelse af egnet træ samt andre faktorer, som ministeren eller en person bemyndiget af ministeren specificerer i opfordringen eller annonceringen.
Forbehold I-PT-26
Sektor:
Skovbrug
Delsektor:
Skovbrug og skovning
Brancheklassifikation:
CPC 03
Forbeholdstype:
Markedsadgang
Præstationskrav
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Forest Act, 
R.S.B.C. 1996, c. 157
Beskrivelse:
Investering
Der tildeles kun et begrænset antal restriktive bevillinger i forbindelse med et skovområde. Tildelingen af sådanne bevillinger kan være underlagt præstationskrav, herunder kravet om at eje eller lease forarbejdningsanlæg i provinsen.
Forbehold I-PT-27
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Land Act, 
R.S.B.C. 1996, c. 245
Ministry of Forest and Range Policy — Grazing Lease Policy dated November 15, 2004
Beskrivelse:
Investering
1.
Land Act
 begrænser tildelinger af arealer registreret under »the Crown« til canadiske statsborgere og personer med fast bopæl. Statsjord (»Crown land«) kan under visse omstændigheder også tildeles til et offentligt ejet selskab, en kommune, et regionalt distrikt, en sygehusbestyrelse, et universitet, en læreanstalt, en skolekommission, en fransksproget uddannelsesmyndighed som defineret i 
School Act, 
R.S.B.C. 1996, c. 412, et andet offentligt organ eller til South Coast British Columbia Transportation Authority, der videreføres under 
South Coast British Columbia Transportation Authority Act
, S.B.C. 1998, c. 30, eller til et eventuelt datterselskab.
2.
Kun canadiske statsborgere må forpagte græsningsarealer. Virksomheder pålægges præstationskrav som en betingelse for at få tildelt forpagtningen af græsningsarealer.
Forbehold I-PT-28
Sektor:
Fiskeri
Delsektor:
Fisk og andre fiskeprodukter
Tjenesteydelser i forbindelse med fiskeri
Jord
Brancheklassifikation:
CPC 04, 531, 882
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Fisheries Act,
 R.S.B.C. 1996, c. 149
Land Act
, R.S.B.C. 1996, c. 245
Beskrivelse:
Investering
Kun en canadisk statsborger eller en person med fast bopæl i Canada kan få tildelt land registreret under »the Crown« med henblik på akvakulturaktiviteter, medmindre personens ansøgning om overdragelse af statsjord (»Crown land«) blev godkendt før 1. maj 1970.
Forbehold I-PT-29
Sektor:
Fiskeri
Delsektor:
Tjenesteydelser i forbindelse med fiskeri
Engroshandel
Brancheklassifikation:
CPC 04, 62112, 62224, 882
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Fisheries Act,
 R.S.B.C. 1996, c. 149
Commercial Fisheries and Mariculture: A Policy for the 1980s
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Krav om bopæl og statsborgerskab samt præstationskrav kan pålægges som en betingelse for at få tilladelse til at foretage tage fisk og høste havplanter eller vilde østers eller til at varetage fiskeforarbejdning, -køb eller -handel. Offshore forarbejdning eller forarbejdning til havs er begrænset til fiskere, der forarbejder deres egne fangster, og hvis fiskearterne ikke kan forarbejdes på økonomisk vis i eksisterende forarbejdningsanlæg på land.
Forbehold I-PT-30
Sektor:
Transport
Delsektor:
Vejtransport
Passagerbefordring
Brancheklassifikation:
CPC 7121, 7122
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Passenger Transportation Act, 
S.B.C. 2004, c. 39
Motor Vehicle Act, 
R.S.B.C. 1996, c. 318
Beskrivelse:
Investering
1.
Passenger Transportation Act
 kræver, at en person skal indhente en bevilling til passagerbefordring fra Passenger Transportation Board for at kunne levere taxa- og rutebiltjenester i British Columbia. Passenger Transportation Board kan godkende en ansøgning om en bevilling, hvis det er den opfattelse, at
a)
der er et offentligt behov for tjenesteydelsen
b)
ansøgeren er »egnet og hæderlig« og i stand til at levere tjenesteydelsen og
c)
ansøgningen, såfremt den imødekommes, vil fremme sunde økonomiske forhold inden for passagerbefordringsbranchen i British Columbia.
2.
Passenger Transportation Board har beføjelse til at pålægge vilkår og betingelser for en bevilling. Hvis bevillingen skal indbefatte en autorisation til at drive motorkøretøjer som rutebiler, indbefatter vilkårene og betingelserne for bevillingen ruter og minimumrutefrekvenser for den drift. Hvis bevillingen skal indbefatte en autorisation til at drive motorkøretøjer som hyrevogne (som f.eks. taxaer og limousiner), indbefatter vilkårene og betingelserne for bevillingen flådestørrelse, takster og geografisk driftsområde.
Forbehold I-PT-31
Sektor:
Transport
Delsektor:
Vejtransport: offentlig transport
Brancheklassifikation:
CPC 7121, 7122
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
British Columbia Transit Act, 
R.S.B.C. 1996, c. 38
South Coast British Columbia Transportation Authority Act, 
S.B.C. 1998, c. 30
Beskrivelse:
Investering
1.
British Columbia Transit er en Crown corporation med enebeføjelse til at planlægge, anskaffe og anlægge systemer til offentlig passagerbefordring, som støtter regionale vækststrategier, officielle planer for lokalsamfundet og den økonomiske udvikling på områderne for transporttjenester i alle områder af British Columbia, undtagen transporttjenesteregionen, der varetages af South Coast British Columbia Transportation Authority.
2.
South Coast British Columbia Transportation Authority har enebeføjelse til at tilvejebringe et regionalt transportsystem for alle kommuner og landdistrikter i Greater Vancouver Regional District, der transporterer personer og varer samt støtter den regionale vækststrategi, miljømæssige målsætninger på provinsniveau og regionalt niveau (herunder målsætninger for luftkvalitet og reducering af drivhusgasemissioner) samt den økonomiske udvikling inden for transporttjenesteydelser i regionen.
Forbehold I-PT-32
Sektor:
Energi
Delsektor:
Elektricitet
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 171, 887
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
BC Hydro Public Power Legacy and Heritage Contract Act, 
S.B.C. 2003. c. 86
Clean Energy Act, 
S.B.C. 2010, c. 22
Utilities Commission Act, 
R.S.B.C. 1996, c. 473
Hydro and Power Authority Act, 
R.S.B.C. 1996, c. 212
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
I British Columbia drives elektricitetsselskaber som regulerede monopoldistributører af elektricitet inden for det område, de servicerer.
2.
British Columbia Hydro and Power Authority (»BC Hydro«) er et crown corporation, der ejer de fleste genererings-, transmissions- og distributionsfaciliteter i British Columbia. BC Hydro modtager differentieret behandling i henhold til provinslovgivningen og er i nogle tilfælde fritaget fra British Columbia Utilities Commission's kontrol. BC Hydro må ikke afhænde (herunder ved salg) dele af sin kulturarv, medmindre de ikke længere anvendes eller er nyttig.
3.
under ledelse af Viceguvernøren regulerer British Columbia Utilities Commission takster for salget af elektricitet inden for provinsen.
Forbehold I-PT-33
Sektor:
Forretningstjenesteydelser
Delsektor:
Uafhængig minearbejder
Brancheklassifikation:
CPC 8675
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Mineral Tenure Act, 
R.S.B.C. 1996, c. 292
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at opnå et certifikat som uafhængig minearbejder skal en person være hjemmehørende i Canada i mindst 183 dage i hvert kalenderår eller have tilladelse til at arbejde i Canada eller have et canadisk selskab eller interessentskab, der består af kvalificerede individuelle eller canadiske selskaber.
Forbehold, der gælder i Manitoba
Forbehold I-PT-34
Sektor:
Kollektive og personlige tjenesteydelser
Delsektor:
Begravelsesvæsen
Tjenesteydelser i forbindelse med krematorier og bedemandsvirksomhed
Brancheklassifikation:
CPC 9703
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Prearranged Funeral Services Act
, C.C.S.M. c. F-200
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Enhver, der leverer forud aftalte begravelsesplaner på kommerciel basis, skal have en tilladelse. Kun en person, der regelmæssigt udøver erhvervet med levering af tjenesteydelser i forbindelse med begravelsesvæsen, og som i den forbindelse har et forretningssted i Manitoba, kan ansøge om en sådan tilladelse. Forud aftalte begravelsesplaner må kun tilbydes af det forretningssted, der er knyttet til tilladelsen.
Forbehold I-PT-35
Sektor:
Tjenesteydelser i tilknytning til organisationer og foreninger
Delsektor:
Juridisk dokumentation og certificering
Brancheklassifikation:
CPC 8613, 95910
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Marriage Act
, C.C.S.M. c. M-50
Politik vedrørende bopæl og statsborgerskab for udnævnte personer
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I henhold til 
The Marriage Act
 kan den ansvarlige minister udnævne en person som kommissær, der er bemyndiget til at foretage vielser for provinsen eller enhver del deraf, der specificeres af ministeren, og den person kan afholde vielsesceremonier i overensstemmelse med udnævnelsens varighed Ministeren kan give fortrinsbehandling til canadiske statsborgere eller personer med fast bopæl i Manitoba.
Forbehold I-PT-36
Sektor:
Undervisning
Delsektor:
Anden undervisningsvirksomhed
Brancheklassifikation:
CPC 9290
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Manitoba Registered Music Teachers' Association
Incorporation Act
, R.S.M. 1990, c. 100
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ingen person kan blive optaget som medlem af Manitoba Registered Music Teachers' Association og således anvende titlen »Registreret musiklærer«, medmindre den person kan påvise seks måneders forudgående bopæl i Manitoba.
Forbehold I-PT-37
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Community Development Bonds Act
, C.C.S.M. c. C-160
Beskrivelse:
Investering
1.
Alle bestyrelsesmedlemmer i et selskab, der udsteder obligationer med henblik på udvikling i lokalsamfundet, skal være hjemmehørende i Manitoba. Stifterne af selskabet skal være hjemmehørende i kommunen, hvor selskabets hovedkontor er placeret, eller i en kommune i nærheden.
2.
Hvis regeringen i Manitoba har stillet en garanti for obligationen, kan kun berettigede obligationsindehavere anmode om garantien. Berettigede obligationsindehavere er personer med en tilknytning til Manitoba eller Canada, da de købte obligationen: f.eks. personer hjemmehørende i Manitoba, et selskab fra Manitoba etableret i henhold til 
Canada Business Corporations Act
, R.S.C., 1985, c. C-44, et selskab med et hovedkontor i Manitoba, en trust, hvis flertallet af trustforvaltere eller begunstigede er hjemmehørende i Manitoba, eller en kommune i Manitoba.
3.
Det frembragte provenu fra udstedelsen af obligationerne til udvikling i lokalsamfundet skal investeres i »berettigede virksomheder«. De omfatter selskaber eller kooperativer:
a)
stiftet under 
The Corporations Act
, C.C.S.M., c. C225 or the 
Canada Business Corporations Act 
or 
The Co
-
operatives Act, 
C.C.S.M., c. C223, alt efter omstændighederne
b)
der driver eller skal til at drive virksomhed på kommerciel basis i Manitoba og
c)
hvoraf aktiverne i Manitoba kontrolleres (eller vil blive kontrolleret, når virksomhedsaktiviteten påbegyndes) af personer hjemmehørende i Manitoba (omfatter også undersøgelser, som ikke involverer en tilstedeværelse i Manitoba eller kontrol foretaget af eller ejerskab gennem personer hjemmehørende i Manitoba).
Forbehold I-PT-38
Sektor:
Landbrug
Delsektor:
Landbrugsjord
Skove og andre træbevoksede områder
Brancheklassifikation:
CPC 531
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Farm Lands Ownership Act
, C.C.S.M. c. F-35
Beskrivelse:
Investering
Kun personer, der er canadiske statsborgere, eller personer med fast bopæl i Canada i henhold til 
Immigration and Refugee Protection Act, 
S.C. 2001, c. 27 (»berettigede personer«), selskaber, truster, interessentskaber eller andre virksomhedsenheder, der er ejet helt af aktive eller pensionerede landmænd eller berettigede personer eller en kombination af disse, forvaltningsmyndigheder (på kommunalt niveau og provinsniveau) eller offentlige styrelser eller kvalificerede immigranter, som har ret til og agter at blive berettigede personer inden for to år efter anskaffelsen af landbrugsjorden, må eje mere end 40 acres landbrugsjord i Manitoba.
Forbehold I-PT-39
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Labour
-
sponsored Venture Capital Corporations Act
, C.C.S.M. c. L-12
The Corporations Act
, C.C.S.M. c. C-225
Beskrivelse:
Investering
1.
Arbejdstagersponsorerede venturekapitalselskaber skal investere i aktive virksomheder (med aktiver anslået til mindre end 50 000 000  CAD), hvor mindst 50 procent af de fuldtidsansatte er ansatte beskæftiget i Manitoba, eller hvis mindst 50 procent af ansattes gager og lønninger kan henføres til tjenesteydelser, der ydes i Manitoba af de ansatte.
2.
Selskaberne skal være registreret i henhold til loven, og kun selskaber, der er stiftet i henhold til 
The Corporations Act
, kan ansøge om at blive registreret. Det vil sige, at mindst 25 procent af selskabets bestyrelsesmedlemmer skal være hjemmehørende i Canada (eller mindst et, når der er tre eller færre bestyrelsesmedlemmer) i henhold til 
The Corporations Act
.
Forbehold I-PT-40
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Cooperatives Act
, C.C.S.M. c. C-223
Beskrivelse:
Investering
Et flertal af bestyrelsesmedlemmerne i et kooperativ skal være hjemmehørende i Canada. For at et bestyrelsesmedlemsmøde i et kooperativ er konstitueret korrekt, skal et flertal af bestyrelsesmedlemmerne på mødet være hjemmehørende i Canada. Et bestyrelsesmedlem, som er hjemmehørende i Canada, men ikke er til stede på mødet, kan godkende de behandlede sager på et møde, hvis det nødvendige flertal ville have været til stede, såfremt bestyrelsesmedlemmet havde været til stede. Den administrerende direktør i et kooperativ skal være hjemmehørende i Canada.
Forbehold I-PT-41
Sektor:
Landbrug
Delsektor:
Landbrugsjord
Skove og andre træbevoksede områder
Leasinger og -tilladelser af statsjord (»Crown land«)
Tjenesteydelser i forbindelse med landbrug
Tjenesteydelser i forbindelse med husdyravl
Brancheklassifikation:
CPC 531, 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale), 8812
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Crown Lands Act
, C.C.S.M. c. C-340
Agricultural Crown Land Leases Regulation
, 168/2001
Agricultural Crown Land Grazing and Hay Permits Regulation
, 288/88
Beskrivelse:
Investering
1.
For at kunne foretage en foderarealleasing af landbrugsmæssig statsjord (»Crown land«) skal forpagteren være canadisk statsborger eller have status som person med fast bopæl i Canada og være hjemmehørende i Manitoba. Hvis forpagteren er et interessentskab eller foderkooperativ, skal hver interessent eller hvert medlem, alt efter omstændighederne, være canadisk statsborger eller have status som person med fast bopæl i Canada og være hjemmehørende i Manitoba. Hvis forpagteren er et selskab, skal hver selskabsdeltager være canadisk statsborger eller have status som person med fast bopæl i Canada samt være hjemmehørende i Manitoba, og selskabet skal være registreret til at drive virksomhed i Manitoba.
2.
En græsningstilladelse eller en tilladelse til at slå hø på landbrugsmæssig statsjord (»Crown land«) kan kun gives til en person, der har fast bopæl på eller i nærheden af den placering, hvor det beskrevne stykke areal i tilladelsen befinder sig.
Forbehold I-PT-42
Sektor:
Landbrug
Delsektor:
Landbrugsjord
Skove og andre træbevoksede områder
Rekreative og andre åbne arealer
Brancheklassifikation:
CPC 531, 533
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Crown Lands Act
, C.C.S.M. c. C-340
Politik vedrørende tildeling, salg og leasing af hyttegrunde og udvikling af kommercielle forretningssteder i provinsparker samt på anden form for statsjord (»Crown land«)
Beskrivelse:
Investering
Ministeren kan give fortrinsbehandling til personer hjemmehørende i Manitoba i forhold til ikke-hjemmehørende personer i forbindelse med tildeling, salg og leasing af hyttegrunde og udvikling af kommercielle forretningssteder i provinsparker samt på anden form for statsjord (»Crown land«).
Forbehold I-PT-43
Sektor:
Fiskeri
Delsektor:
Tjenesteydelser i forbindelse med fiskeri
Engroshandel
Brancheklassifikation:
CPC 04, 62224, 882
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Fisheries Act
, C.C.S.M. c. F-90
Fishing Licensing Regulation
, Man. Reg. 124/97
Politik vedrørende tildeling af kommercielle fiskerilicenser
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Medmindre det er tilladt ved lovgivning eller af Freshwater Fish Marketing Corporation (i det følgende benævnt »selskabet«) eller under visse særlige omstændigheder, må ingen person sælge eller købe fisk, der er fanget i Manitoba med henblik på levering i Manitoba, undtagen hvis dette foregår gennem selskabet.
2.
Ministeren har fuld handlefrihed til at udstede kommercielle fiskerilicenser og til at fastlægge betingelser for licenserne. Den nuværende politik specificerer, at kommercielle fiskerilicenser skal tildeles, omfordeles og fornyes i overensstemmelse med værdien af de fordele, der skabes, i prioriteret rækkefølge for:
a)
lokale
b)
regionale og
c)
provinsrelaterede økonomier.
Forbehold I-PT-44
Sektor:
Forretningstjenesteydelser
Delsektor:
Landmålere
Brancheklassifikation:
CPC 8675
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Land Surveyors Act
, C.C.S.M. c. L-60
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
En »landmåler i Manitoba« skal være en fysisk person. Landmålere i Manitoba må ikke yde landmålingstjenester gennem et selskab. Handelsmæssig tilstedeværelse for en landmåler i Manitoba skal være i form af en enkeltmandsvirksomhed eller et interessentskab.
2.
En landmåler, som udførte landmåling i Manitoba og efterfølgende blev statsborger eller borger i et fremmed land, skal opnå statsborgerskab igen i overensstemmelse med bestemmelserne i 
Citizenship Act 
R.S.C., 1985, c. C-29, før vedkommende genoptager sit virke i Manitoba.
Forbehold I-PT-45
Sektor:
Forretningstjenesteydelser
Delsektor:
Advokatbistand og repræsentation
Brancheklassifikation:
CPC 8612
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Legal Profession Act
, C.C.S.M. c. L-107
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Advokatfirmaer, som arbejder på tværs af jurisdiktioner, må kun levere juridiske tjenesteydelser til offentligheden i Manitoba vedrørende love i Manitoba, hvis firmaet blandt andet driver et kontor i Manitoba og i mindst en anden canadisk eller udenlandsk jurisdiktion, eller hvis mindst et medlem af firmaet er berettiget til at udøve og hovedsageligt udøver advokatvirksomhed i Manitoba.
Forbehold I-PT-46
Sektor:
Engroshandel
Delsektor:
Farmaceutiske produkter og lægemidler
Brancheklassifikation:
CPC 62251
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Hearing Aid Act, 
C.C.S.M. c. H-38
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Hearing Aid Board har beføjelse til at certificere forhandlere af høreapparater og fastlægge fortrinsadgang og særbetingelser for ansøgere til certificering, der er hjemmehørende i Manitoba eller Canada.
Forbehold I-PT-47
Sektor:
Transport
Delsektor:
Systemer til passagerbefordring
Brancheklassifikation:
CPC 71213, 71223
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Highway Traffic Act
, C.C.S.M. c. H-60
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Manitoba Transport Board kan begrænse antallet af certifikater, der udstedes til transportvirksomheder inden for offentlig personbefordring på offentlige veje i Manitoba. Manitoba Transport Board kan begrænse nye transportvirksomheder inden for offentlig personbefordring i at få adgang til markedet for offentlige transportmidler eller kræve, at transportvirksomhederne påtager sig mindre profitable ruter, hvis det er af den opfattelse, at tjenesteydelsens offentlige tilgængelighed er af afgørende betydning.
Forbehold I-PT-48
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser inden for regnskabsføring, revision og bogføring
Brancheklassifikation:
CPC 862
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Chartered Accountants Act
; C.C.S.M. c. C-70
The Certified General Accountants Act
, C.C.S.M. c. C-46
The Certified Management Accountants Act
, C.C.S.M. c. C-46.1
The Corporations Act
, C.C.S.M. c. C-225
Beskrivelse:
Investering
De tre første love anført ovenfor angiver, at et selskab inden for regnskabsføring, revision og bogføring ikke kan få udstedt en virksomhedstilladelse til at udbyde tjenesteydelser i Manitoba, medmindre det er stiftet i henhold til 
The Corporations Act
. Det vil sige, at mindst 25 procent af selskabets bestyrelsesmedlemmer skal være hjemmehørende i Canada (eller mindst et, hvis der er tre eller færre bestyrelsesmedlemmer).
Forbehold I-PT-49
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 8621
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Chartered Accountants Act
, C.C.S.M. c. C-70
The Certified General Accountants Act
, C.C.S.M. c. C-46
The Certified Management Accountants Act
, C.C.S.M. c. C-46.1
The Addictions Foundation Act, 
C.C.S.M. c. A-60
The Convention Centre Act, 
S.M. 1988-89 c. 39, som ændret
The Crown Corporations Public Review and Accountability Act, 
C.C.S.M. c. C-336, som ændret
The Insurance Act, 
C.C.S.M. c. 140
The Municipal Act, 
C.C.S.M. c. M-225
The Northern Affairs Act, 
C.C.S.M. c. N-100, som ændret
The Public Schools Act, 
C.C.S.M. c. P-250, som ændret
The Trustee Act, 
C.C.S.M. c. T-160, som ændret
The City of Winnipeg Charter, 
S.M. 2002, c. 39, som ændret
The Concordia Hospital Incorporation Act
, R.S.M. 1990, c. 39
The Hudson Bay Mining Employees' Health Association Incorporation Act
, R.S.M. 1990, c. 68
The Investors Syndicate Limited Incorporation Act
, R.S.M. 1990, c. 77
The Mount Carmel Clinic Act
, R.S.M. 1990, c. 120
L'Œuvre des bourses du Collège de Saint
-
Boniface Incorporation Act
, R.S.M. 1990, c. 132
The Seven Oaks General Hospital Incorporation Act, 
R.S.M. 1990, c. 180
The United Health Services Corporation Incorporation Act
, R.S.M. 1990, c. 201
The Winnipeg Art Gallery Incorporation Act
, R.S.M. 1990, c. 216
The Winnipeg Clinic Incorporation Act
, R.S.M. 1990, c. 220
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte love kræver, at revisionsvirksomhed skal udøves af en person, som er autoriseret til at virke som revisor i henhold til enten 
The Chartered Accountants Act
, 
The Certified General Accountants Act
 eller 
The Certified Management Accountants Act.
Forbehold I-PT-50
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Corporations Act
, C.C.S.M. c. C-225
Beskrivelse:
Investering
Mindst 25 procent af et selskabs bestyrelsesmedlemmer skal være hjemmehørende i Canada (eller mindst et, hvis der er tre eller færre bestyrelsesmedlemmer). Bestyrelsesmedlemmer må ikke behandle sager på et møde mellem bestyrelsesmedlemmer, medmindre mindst 25 procent af de tilstedeværende bestyrelsesmedlemmer er hjemmehørende i Canada (eller mindst et af de tilstedeværende bestyrelsesmedlemmer er hjemmehørende i Canada, hvis der er tre eller færre bestyrelsesmedlemmer). Hvis bestyrelsesmedlemmerne overdrager nogle af deres beføjelser til en administrerende direktør eller til et udvalg, skal den administrerende direktør eller et flertal af udvalgets medlemmer, alt efter omstændighederne, være hjemmehørende i Canada.
Forbehold I-PT-51
Sektor:
Jagt
Delsektor:
Tjenesteydelser i forbindelse med jagt
Jagt, fiskeri og fældefangst
Turistguidebureauer
Jagt for privatpersoner
Brancheklassifikation:
CPC 7472, 8813, 96419
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Wildlife Act
, C.C.S.M. c. W–130
Allocation of Hunting Licences Regulation
, Man. Reg. 77/2006
Captive Wild Animal Regulation
, Man. Reg. 23/98
Exotic Wildlife Regulation
, Man. Reg. 78/99
General Hunting Regulation
, Man. Reg. 351/87
Hunting Dogs Regulation
, Man. Reg. 79/95
Hunting Seasons and Bag Limits Regulation
, Man. Reg. 165/91
Miscellaneous Licences and Permits Regulation
, Man. Reg. 53/2007
Trapping Areas and Zones Regulation,
 Man. Reg. 149/2001
Hunting Guides Regulation
, Man. Reg. 110/93
Manitoba Trapping Guide 2011/2012
The Resource Tourism Operators Act,
 C.C.S.M. c. R119.5
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
I henhold til ovennævnte love og bekendtgørelser har ministeren og den af ministeren udpegede administrator, som har beføjelse til at udstede de af loven krævede tilladelser eller bevillinger til en person, der er underlagt sådanne vilkår og betingelser, som ministeren eller administratoren anser for hensigtsmæssige, og til at udstede bekendtgørelser i tilknytning til ovennævnte. Bekendtgørelserne kan fastlægge præferenceadgang til tilladelser og licenser og gunstige vilkår for sådanne tilladelser og licenser for personer bosiddende i Manitoba eller Canada.
Forbehold I-PT-52
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Tjenesteydelser i forbindelse med landbrug
Brancheklassifikation:
CPC 01, 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Wild Rice Act
, C.C.S.M. c. W-140
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun personer, som har været hjemmehørende i Manitoba i mindst et år, kan søge om en bevilling, tilladelse, lasteseddel eller et eksportcertifikat i henhold til denne lov.
Forbehold I-PT-53
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Tjenesteydelser i forbindelse med fremstillingsvirksomhed
Brancheklassifikation:
CPC 0311, 0312, 8843
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Forest Act
, C.C.S.M. c. F-150
Forest Use and Management Regulation
, Man. Reg. 227/88R
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
I henhold til den ovenfor anførte lov og bekendtgørelse er ministeren ansvarlig for at regulere alle skovbrugsanliggender i overensstemmelse med loven og bekendtgørelsen og har handlefrihed til at foretage tildelinger eller udstede de af loven krævede tilladelser eller bevillinger til en person, der er underlagt sådanne vilkår og betingelser, som ministeren anser for hensigtsmæssige. Træfældningsrettigheder skal tildeles på en måde, som ministeren mener kan sikre den maksimale fordel for Manitobas skovbrugsindustri. Personer, der er hjemmehørende i Manitoba, eller canadiske statsborgere kan gives fortrinsret, når der foretages sådanne tildelinger eller udstedes tilladelser eller bevillinger.
Forbehold I-PT-54
Sektor:
Transport
Delsektor:
Personbefordring ad vej (taxaer)
Brancheklassifikation:
CPC 71221
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Taxicab Act
, C.C.S.M. c. T-10
The Highway Traffic Act
, C.C.S.M. c. H-60
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
The Taxicab Act
 kræver, at alle personer, der ønsker at drive en taxa eller taxavirksomhed, skal ansøge om og opnå en taxabevilling hos Taxicab Board. Taxicab Board har beføjelse til at pålægge vilkår og betingelser for en taxabevilling, som det udsteder. Når det besluttes, om der skal tildeles en bevilling eller ej, skal Taxicab Board foretage undersøgelser af offentlige hensyn og, hvilket behov der gør sig gældende med hensyn til antallet af taxaer i byen Winnipeg.
2.
The Highway Traffic Act
 kræver, at alle personer, der ønsker at drive en taxa på tværs af kommunegrænser, skal ansøge om og opnå et certifikat fra Motor Transport Board. Motor Transport Board har beføjelse til at pålægge vilkår og betingelser for at få et certifikat, som det udsteder. Når det besluttes, om der skal tildeles et certifikat eller ej, skal Motor Transport Board tage i betragtning, hvorvidt de eksisterende faciliteter til transport er tilstrækkelige, eller om offentlige hensyn vil blive fremmet gennem etablering eller fortsættelse fra år til år af den foreslåede transporttjeneste.
Forbehold I-PT-55
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Levende dyr og animalske produkter
Kød og mejeriprodukter
Andre fødevarer i.a.n.
Tjenesteydelser i forbindelse med landbrug
Brancheklassifikation:
CPC 01, 02, 21, 22, 239, 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Farm Products Marketing Act
, C.C.S.M. c. F-47
Dairy Farmers of Manitoba Marketing Plan Regulation
, Man. Reg. 89/2004
Manitoba Egg and Pullet Producers Marketing Plan Regulation
, Man. Reg. 70/2005
Manitoba Chicken Broiler Producers Marketing Plan Regulation
, Man. Reg. 246/2004
Manitoba Turkey Producers Marketing Plan Regulation
, Man. Reg. 38/2004
Manitoba Vegetable Producers Marketing Plan Regulation
, Man. Reg. 117/2009
The Milk Prices Review Act, 
C.C.S.M. c. M-130
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Styrelser og kommissioner i henhold til ovenfor anførte foranstaltninger kan give fortrinsret til personer med fast bopæl i Manitoba eller canadiske statsborgere.
Forbehold I-PT-56
Sektor:
Energi
Delsektor:
Elektrisk energi
Brancheklassifikation:
CPC 17, 887
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Manitoba Hydro Act
, C.C.S.M. c. H-190
The Public Utilities Board Act
, C.C.S.M. c. P-280
The Water Power Act
, C.C.S.M. c. W-60
The Environment Act
, C.C.S.M. c. E-125
The Crown Corporations Public Review and Accountability Act
, C.C.S.M. c. C336
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver regeringen i Manitoba eller Manitoba Hydro blandt andet tilladelse til at:
a)
regulere og udstede forskellige bevillinger, autorisationer eller godkendelser med relation til generering, transmission, distribution, import, eksport og levering samt salg af elektricitet, hvis den genereres fra vedvarende energikilder eller fra andre varer, kræfter eller kilder, som det er muligt at generere elektricitet fra
b)
regulere udvikling, opførelse eller vedligeholdelse af kraftværker, elværker, transformerstationer, transmissionsledninger, højspændingsmaster og andre faciliteter eller konstruktioner eller udstyr, der er nødvendigt i forbindelse med enhver af de i litra a) anførte aktiviteter og
c)
overdrage eller tildele fast ejendom eller interesser i fast ejendom i Manitoba eller overdrage løsøre eller interesser i løsøre i forbindelse med enhver af de i litra a) eller b) anførte aktiviteter.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte forskelsbehandling til fordel for personer hjemmehørende i Manitoba eller enheder, der er oprettet i overensstemmelse med lovene i Canada (og har et forretningssted i Manitoba).
Forbehold I-PT-57
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Liquor and Gaming Control Act
, C.C.S.M. c. L-160
The Corporations Act
, C.C.S.M. c. C-225
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Liquor and Gaming Control Authority of Manitoba har handlefriheden til at tildele bevillinger til salg af alkoholiske drikkevarer. Hvis ansøgeren er en person, kan bevillingen kun udstedes til en myndig fysisk person, som er canadisk statsborger eller har status som person med fast bopæl og er bosiddende i Canada. Hvis ansøgeren er et interessentskab, skal alle dets medlemmer opfylde dette krav. Hvis ansøgeren er et selskab, skal det være stiftet eller autoriseret til at drive sin virksomhed i Manitoba i henhold til Manitobas lovgivning. Hvis ansøgeren er stiftet i henhold til Manitobas lovgivning, skal 25 procent af selskabets bestyrelsesmedlemmer være hjemmehørende i Canada (eller mindst et, hvis der er tre eller færre bestyrelsesmedlemmer).
Forbehold I-PT-58
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Liquor and Gaming Control Act
, C.C.S.M. c. G-5
The Manitoba Liquor and Lotteries Corporation Act
, C.C.S.M. c. L-210
The Manitoba Horse Racing Commission Act
, C.C.S.M. c. H-90
Rules of Thoroughbred Racing and Commission Directives
, 2011
Rules of Standardbred Racing and Commission Directives
, 2010
Commission Quarterhorse Directives
, 2011
Pari
-
Mutuel Betting Supervision Regulations
, SOR 91-365
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Spilleaktiviteter i forbindelse med velgørende og religiøse organisationer, messer og udstillinger samt operatører af koncessioner og forlystelser
1.
Velgørende og religiøse organisationer, messer og udstillinger samt operatører af koncessioner og forlystelser må ikke drive spilleaktiviteter i Manitoba, medmindre de har fået bevilling til at gøre dette af Liquor and Gaming Control Authority of Manitoba eller et andet organ, der er bemyndiget af Manitoba. Liquor and Gaming Control Authority har handlefrihed til at udstede disse bevillinger, der er underlagt sådanne vilkår og betingelser, som den anser for hensigtsmæssige, og kan give fortrinsbehandling til ansøgere med tilstedeværelse i Manitoba.
2.
Ingen kan blive ansat hos Manitoba Liquor and Lotteries Corporation eller hos en spilleoperatør i Manitoba eller regelmæssigt opholde sig på en lokalitet i Manitoba, hvis spilleaktiviteten finder sted med henblik på at levere en spilletjeneste, medmindre den pågældende er blevet registreret med henblik herpå af Liquor and Gaming Control Authority. Liquor and Gaming Control Authority har handlefrihed til at registrere en person, der er underlagt sådanne vilkår og betingelser, som den anser for at være hensigtsmæssige, og kan give fortrinsbehandling til canadiske statsborgere eller personer med fast bopæl i Manitoba.
3.
Ingen forretningsdrivende, virksomhedsenhed eller sammenslutning kan blive spilleoperatør i Manitoba, indehaver af et sted med videospillemaskiner i Manitoba, forhandler af lottokuponer i Manitoba eller leverandør af spilleudstyr eller spilletjenester i Manitoba, medmindre den pågældende er blevet registreret med henblik herpå af Liquor and Gaming Control Authority. Liquor and Gaming Control Authority har handlefrihed til at registrere en forretningsdrivende, virksomhedsenhed eller sammenslutning, der er underlagt sådanne vilkår og betingelser, som den anser for at være hensigtsmæssige, og kan give fortrinsbehandling til canadiske statsborgere eller personer med fast bopæl i Manitoba eller til virksomhedsenheder eller sammenslutninger med tilstedeværelse i Manitoba.
Spilleaktiviteter — lotterisystemer
4.
Kun regeringen i Manitoba er bemyndiget til at drive og administrere lotterisystemer i Manitoba, som ikke hører under beføjelsen for Liquor and Gaming Control Authority eller andre organer, der er bemyndiget til udstedelse af bevillinger til at drive og administrere lotterisystemer i Manitoba. Manitoba driver og administrerer lotterisystemer i Manitoba gennem Manitoba Liquor and Lotteries Corporation som agent for Manitoba. Manitoba driver og administrerer også lotterisystemer i Manitoba og i en eller flere andre canadiske jurisdiktioner i samarbejde med regeringerne i disse andre jurisdiktioner gennem Western Canada Lottery Corporation og Interprovincial Lottery Corporation. Der henvises til Manitoba Liquor and Lotteries Corporation, Western Canada Lottery Corporation og Interprovincial Lottery Corporation under fællesbetegnelsen »selskaberne«.
5.
Manitoba og disse selskaber kan give fortrinsbehandling til canadiske statsborgere eller personer med fast bopæl i Manitoba eller til virksomhedsenheder med tilstedeværelse i Manitoba i forbindelse med enhver af de førnævnte aktiviteter.
Hestevæddeløb og hestevæddemål
6.
Ingen kan drive en væddeløbsbane eller en totalisatorlokalitet til bookmakerforretninger eller fungere som koncessionshaver på en væddeløbsbane eller i en bookmakerforretning i Manitoba, medmindre de har tilladelse hertil af Horse Racing Commission. Horse Racing Commission har handlefrihed til at udstede bevillinger til enhver person eller virksomhedsenhed, der er underlagt sådanne vilkår og betingelser, som den anser for hensigtsmæssige, og kan give fortrinsbehandling til canadiske statsborgere eller personer med fast bopæl i Manitoba eller virksomhedsenheder med et kontor i Manitoba.
Forbehold, der gælder i New Brunswick
Forbehold I-PT-59
Sektor:
Skovbrug
Delsektor:
Landbrugsjord, skove og andre træbevoksede områder
Produkter fra skovbrug og skovning
Brancheklassifikation:
CPC 03, 531
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Crown Lands and Forest Act, 
S.N.B. 1980, c. C-38.1
Beskrivelse:
Investering
Med visse undtagelser skal enhver bevilling eller tilladelse, der godkender fældning af træ, der ejes af »the Crown«, tildeles på betingelse af, at alt træ, som fældes i henhold dertil, skal forarbejdes i New Brunswick til tømmer, papirmasse eller andre træprodukter.
Forbehold I-PT-60
Sektor:
Minedrift
Delsektor:
Minedrift
Stenbrydnings- og olieboringsindustri
Brancheklassifikation:
CPC 11, 12, 13, 14, 15, 16
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Mining Act
, S.N.B. 1985, c. M-14.1
Beskrivelse:
Investering
En leasingtager skal i provinsen forarbejde eller videreforarbejde alle mineraler, der er udvundet i provinsen i henhold til leasingkontrakten om minedrift, hvis ministeren kræver dette på tidspunktet for tildelingen af en leasingkontrakt om minedrift eller på ethvert tidspunkt derefter.
Forbehold I-PT-61
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Liquor Control Act, 
R.S.N.B. 1973, c. L-10
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
New Brunswick Liquor Commission (»ANBL«) er et organ under betegnelsen »Government of New Brunswick Crown agency«, der er eneimportør og -grossist, -forhandler samt -distributør af alkoholiske drikkevarer i New Brunswick. De ovenfor anførte foranstaltninger giver New Brunswick tilladelse til at regulere og autorisere import, køb, produktion, distribution, levering, markedsføring og salg af alkoholiske drikkevarer i New Brunswick. ANBL fastsætter efter sit skøn præstationskrav, der skal opfyldes eller overgås, for at import-, distributions- og forhandlerforholdet med enhver given leverandør kan fortsætte, uanset om de er nationale eller internationale.
2.
ANBL forbeholder sig retten til fortrinsvist at promovere og markedsføre lokalt producerede alkoholiske drikkevareprodukter.
Forbehold, der gælder i Newfoundland og Labrador
Forbehold I-PT-62
Sektor:
Energi
Delsektor:
Råolie og naturgas
Brancheklassifikation:
CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887
Forbeholdstype:
Markedsadgang (kun CPC 71232 og 7422)
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Canada
-
Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, 
R.S.N.L. 1990, c. C-2
Canada-Newfoundland Atlantic Accord — February 11, 1985
Energy Corporation Act, 
S.N.L. 2007, c. E-11.01
Petroleum and Natural Gas Act, 
RSNL 1990, c. P-10
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Newfoundland og Labrador tilladelse til at regulere og udstede forskellige autorisationer med relation til udforskning, produktion, udvinding, udvikling og transport af kulbrinter og til at tildele enerettigheder til drift af kulbrintedistributionssystemer og -opbevaringsfaciliteter, herunder tilhørende kulbrinterørledninger, distribution til havs, omladningsfaciliteter og transporttjenester. Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Newfoundland og Labrador eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige aktiviteter i Newfoundland og Labrador.
Forbehold I-PT-63
Sektor:
Energi
Delsektor:
Elektricitet
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 171, 887
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Electric Power Control Act
, 
1994
, S.N.L. 1994, c. E-5,1
Energy Corporation Act
, S.N.L. 2007, c. E-11.01
Energy Corporation of Newfoundland and Labrador Water Rights Act
, S.N.L. 2008, c. E-11.02
Hydro Corporation Act, 2007
, SNL 2007, c. H-17
Lower Churchill Development Act
, RSNL 1990, c. L-27
Lands Act, 
SNL 1991, c. 36
Water Resources Act, 
SNL 2002, c. W-401
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver regeringen i Newfoundland og Labrador blandt andet tilladelse til at:
a)
regulere og udstede forskellige autorisationer med relation til produktion, generering, udvikling, transmission (herunder systemkontrol), distribution, levering, forsyning og eksport af elektricitet og til at muliggøre opførelse og vedligeholdelse af tilhørende faciliteter
b)
muliggøre tildeling af land- eller vandarealer inden for provinsens område til en god energikilde eller -kraft, som det er muligt at producere elektricitet fra, herunder opsætning af vindmøller og hydroelektriske frembringelser og
c)
fastsætte og ændre takster for elektricitet.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Newfoundland og Labrador eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige aktiviteter i Newfoundland og Labrador.
Forbehold I-PT-64
Sektor:
Skovbrug
Delsektor:
Ubearbejdet træ
Produkter af træ, kork, strå og flettematerialer
Produkter fra skovbrug og skovning
Papirmasse, papir og papirvarer
Fremstilling af træ og produkter af træ og kork undtagen møbler
Fremstilling af varer af strå og flettematerialer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 031, 31, 321, 88430
Forbeholdstype:
Markedsadgang (kun CPC 31)
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Forestry Act
, R.S.N.L. 1990, c. F-23
Forest Protection Act
, R.S.N.L. 1990, c. F-22
Plant Protection Act
, R.S.N.L. 1990, c. P-16
Beskrivelse:
Investering
De ovenfor anførte foranstaltninger giver regeringen i Newfoundland og Labrador tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion, udvinding og udvikling af skovbrugsressourcer og relaterede produkter i provinsen. Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Newfoundland og Labrador eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige aktiviteter i Newfoundland og Labrador.
Forbehold I-PT-65
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Skovbrug og fiskeri
Engroshandel med landbrugsråvarer og levende dyr
Tjenesteydelser i forbindelse med landbrug, jagt og skovbrug
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 01, 021, 029, 04, 21, 22, 6221, 62224, 881 (bortset fra leje af landbrugsudstyr med betjeningspersonale og 8814), 882
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Farm Products Corporation Act, 
R.S.N.L. 1990, c. F-5
Natural Products Marketing Act, 
R.S.N.L. 1990, c. N-2
Poultry and Poultry Products Act, 
R.S.N.L. 1990, c. P-18
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Newfoundland og Labrador tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion og markedsføring af landbrugsprodukter og fødevarer samt markedsføring af fiskeprodukter og pelse fra vilddyr i provinsen, herunder foranstaltninger relateret til udbudsregulering af mejeri-, ægge- og fjerkræsprodukter. Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Newfoundland og Labrador eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige aktiviteter i Newfoundland og Labrador.
Forbehold I-PT-66
Sektor:
Fiskeri
Delsektor:
Fisk og andre fiskeprodukter
Tilberedt og konserveret fisk
Engroshandel med fiskerivarer
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 04, 212, 62224, 882
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Fisheries Act, 
S.N.L. 1995, c. F-12.1
Aquaculture Act
, R.S.N.L. 1990, c. A-13
Fish Inspection Act, 
R.S.N.L. 1990, c. F-12
Fishing Industry Collective Bargaining Act, 
R.S.N.L. 1990, c. F-18
Fish Processing Licensing Board Act, 
S.N.L. 2004, c. F-12.01
Professional Fish Harvesters Act, 
S.N.L. 1996, c. P-26.1
Lands Act
, S.N.L. 1991, c. 36
Water Resources Act
, S.N.L. 2002 c. W-4.01
Beskrivelse:
Investering
De ovenfor anførte foranstaltninger giver regeringen i Newfoundland og Labrador tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion, forarbejdning og markedsføring af fisk og fiskeprodukter fra akvakultur, herunder overførsel, levering eller videresendelse af produkter fra havet på foranledning af fiskere, akvakulturbrugere og senere købere. Disse foranstaltninger muliggør pålæg af præstationskrav under visse omstændigheder.
Forbehold I-PT-67
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Corporations Act, 
R.S.N.L 1990, c. C-36
Beskrivelse:
Investering
1.
Mindst 25 procent af bestyrelsesmedlemmerne i alle selskaber, der er stiftet i henhold til 
Corporations Act
, skal være hjemmehørende canadiere, undtagen i tilfælde af:
a)
en juridisk person, der blev stiftet i henhold til 
The Companies Act
 og videreført i henhold til 
Corporations Act
, og som bibeholder den samme andel af ikke-hjemmehørende bestyrelsesmedlemmer efter 1. januar 1987, som den havde før 1. januar 1987 eller
b)
et selskab, der ikke har nogen indkomst i Canada.
2.
Bestyrelsesmedlemmer i et selskab, der er stiftet i henhold til 
Corporations Act
, må ikke behandle en sag på et møde mellem bestyrelsesmedlemmer, medmindre mindst 25 procent af de tilstedeværende bestyrelsesmedlemmer er hjemmehørende canadiere, undtagen hvis et bestyrelsesmedlem, som er hjemmehørende canadier og ikke kan være til stede, skriftligt eller pr. telefon eller andre kommunikationsfaciliteter godkender den behandlede sag, og mindst 25 procent af bestyrelsesmedlemmerne på mødet ville have været hjemmehørende canadiere, såfremt det bestyrelsesmedlem havde været til stede.
Forbehold I-PT-68
Sektor:
Forretningstjenesteydelser
Delsektor:
Landmåling
Brancheklassifikation:
CPC 86753
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Land Surveyors Act, 1991, 
S.N.L. 1991, c. C-37
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves fast bopæl i Canada for at få udstedt et autorisationscertifikat for et firma, interessentskab eller en juridisk person til at udføre landmåling inden for provinsen.
Forbehold I-PT-69
Sektor:
Forretningstjenesteydelser
Delsektor:
Private efterforsknings- og sikkerhedstjenester
Brancheklassifikation:
CPC 873
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Private Investigation and Security Services Act
, R.S.N.L. 1990, c. P-24
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Indehaveren af en tilladelse til at drive virksomhed i form af et privat efterforsknings- eller sikkerhedstjenestebureau skal være canadisk statsborger eller have fast bopæl i Canada, og lederen af en sådan virksomhed skal have har fast bopæl i Canada.
2.
Et flertal af bestyrelsen skal være personer med fast bopæl i Canada.
Forbehold I-PT-70
Sektor:
Turisme
Delsektor:
Tjenesteydelser i forbindelse med jagt- og turistguidebureauer
Selvstændige jagtguider
Brancheklassifikation:
CPC 7472, 8813, 96419
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Wild Life Act
, R.S.N.L. 1990, c. W-8
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Ikke-hjemmehørende personer i provinsen skal ansætte guider med tilladelse i forbindelse med visse jagtaktiviteter, der kræver tilladelse inden for provinsen.
2.
Ikke-hjemmehørende personer i provinsen må ikke få visse typer tilladelser og skal indhente tilladelser for ikke-hjemmehørende personer for at kunne forestå visse fiskeriaktiviteter inden for provinsen.
3.
Der kræves fast bopæl i Canada for at kunne blive registreret som guide.
Forbehold I-PT-71
Sektor:
Jord
Delsektor:
Rekreative og andre åbne arealer
Brancheklassifikation:
CPC 5330
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Lands Act
, S.N.L. 1991, c. 36
Policy Directive FT. 004 (Amendment 1), 2001
Beskrivelse:
Investering
Kun personer med fast bopæl i provinsen kan få beboelsestilladelser til hytter i forbindelse med statsjord (»Crown land«).
Forbehold I-PT-72
Sektor:
Transport
Delsektor:
Jernbanetransporttjenester
Brancheklassifikation:
CPC 711
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Rail Service Act, 2009
, S.N.L. 2009, c. R-1.2
Beskrivelse:
Investering
En person, der ønsker at købe, drive eller anlægge en jernbaneforbindelse inden for provinsen, skal først opnå en godkendelse fra provinsen. Denne godkendelse kan tildeles på vilkår og betingelser, som provinsen anser for passende. Uden at den generelle karakter af ovenstående dermed indskrænkes, kan denne godkendelse indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, herunder pålæg af præstationskrav.
Forbehold I-PT-73
Sektor:
Transport
Delsektor:
Andre landtransporttjenester
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
Præstationskrav
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Aquaculture Act
, R.S.N.L. 1990, c. A-13
Fisheries Act
, S.N.L. 1995, c. F-12.1
Fish Inspection Act
, R.S.N.L. 1990, c. F-12
Liquor Corporation Act
, R.S.N.L. 1990, c. L-19
Liquor Control Act
, R.S.N.L. 1990, c. L-18
Motor Carrier Act
, R.S.N. 1990, c. M-19
Professional Fish Harvesters Act
, S.N.L. 1996, c. P-26.1
Beskrivelse:
Investering
Undersøgelser af offentlige hensyn og behov sker i forbindelse med passagerbefordring og nogle delsektorer af godstransport inden for provinsen. Kriterierne for godkendelse indbefatter de nuværende serviceniveauers tilstrækkelighed, markedsbetingelser, der skaber grundlag for kravet om den udvidede service, virkningen af nytilkomne på offentlige hensyn og ansøgerens egnethed, villighed og evne til at yde passende service. Der kan pålægges præstationskrav.
Forbehold I-PT-74
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Labour Relations Act, 
R.S.N.L. 1990, c. L-1
Beskrivelse:
Investering
Den ovenfor anførte foranstaltning giver Viceguvernøren for Newfoundland og Labrador tilladelse til at udstede bekendtgørelser for specifikke projekter. Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse bekendtgørelser indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer og begrænsninger for eller forbindelser til investering eller markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Newfoundland og Labrador eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige aktiviteter i Newfoundland og Labrador.
Forbehold I-PT-75
Sektor:
Fritids- og sportsaktiviteter, kulturelle aktiviteter samt tilknyttede aktiviteter
Delsektor:
Spil og væddemål
Tjenesteydelser i forbindelse med fremstilling af metalprodukter, maskineri og udstyr
Brancheklassifikation:
CPC 8844, 885, 96492
Forbeholdstype:
Markedsadgang (kun CPC 8844 og 885)
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Lotteries Act
, S.N.L. 1991, c. 53
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Den ovenfor anførte foranstaltning giver regeringen i Newfoundland og Labrador tilladelse til at regulere og udstede forskellige autorisationer med relation til tjenesteydelser, leverandører af tjenesteydelser, fremstilling, leverandører af materialer, aktiviteter og reparationer med relation til lotterier, lotterisystemer, spillemaskiner, videospillemaskiner, hasardspil, væddeløb, bookmakerforretninger, bingospil, kasinoer og salgsfremmende konkurrencer.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Newfoundland og Labrador eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige aktiviteter i Newfoundland og Labrador.
Forbehold I-PT-76
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107, 643 og 88411
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Liquor Corporation Act
, R.S.N.L. 1990, c. L-19
Liquor Control Act
, R.S.N.L. 1990, c. L-18
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver regeringen i Newfoundland og Labrador tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion, distribution, levering, salg og markedsføring af alkoholiske drikkevarer.
2.
Newfoundland Liquor Corporation drives som et monopol med ansvar for distribution, levering, transport, salg og markedsføring af alkoholiske drikkevarer.
3.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Newfoundland og Labrador eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige aktiviteter i Newfoundland og Labrador.
Forbehold I-PT-77
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser (notarer)
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Notaries Public Act, 
R.S.N.L. 1990, c. N-5
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun en canadisk statsborger, der er hjemmehørende i provinsen, kan blive notarius publicus for provinsen.
Forbehold, der gælder i Northwest Territories
Forbehold I-PT-78
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser (notarius publicus)
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Territoriet Northwest Territories
Foranstaltninger:
Evidence Act
, R.S.N.W.T. 1988, c. E-8, s. 79
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
En person, der ønsker udnævnelse som notarius publicus, skal være bosiddende i Northwest Territories og enten være canadisk statsborger eller have status som person med fast bopæl i Canada.
Gældende forbehold i Nova Scotia
Forbehold I-PT-79
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsvirksomhed
Brancheklassifikation:
CPC 862
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Certified General Accountants Act
, S. N.S. 1998, c. 10
Certified Management and Accountants of Nova Scotia Act
, S.N.S. 2005, c. 35
Public Accountants Act
, R.S.N.S. 1989, c. 369
Chartered Accountants Act
, S.N.S. 1994, c. 14
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun hjemmehørende i Canada kan få autorisation til at virke som registreret revisor i Nova Scotia og til at anvende titlen »registreret revisor«.
Forbehold I-PT-80
Sektor:
Turismevirksomhed og fritidsaktiviteter
Delsektor:
Tjenesteydelse i forbindelse med jagt
Turguidebureauer
Selvstændige jagtguider
Brancheklassifikation:
CPC 7472, 8813, 96419
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Wildlife Act
, R.S.N.S. 1989, c. 504
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun personer hjemmehørende i Nova Scotia kan få jagttilladelse som pelsjægere eller til elgjagt. Ikke-hjemmehørende personer kan være underlagt opsyn fra en kvalificeret guide, mens der jages eller fiskes i udpegede floder.
Forbehold I-PT-81
Sektor:
Transport
Delsektor:
Vejgodstransport
Brancheklassifikation:
CPC 7123
Forbeholdstype:
Markedsadgang
Præstationskrav
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
The Public Utilities Act, 
R.S., c. 380, s. 1
Beskrivelse:
Investering
Undersøgelser af offentlige hensyn og behov finder anvendelse på nogle delsektorer af godstransport inden for provinsen. Kriterierne for godkendelse indbefatter de nuværende serviceniveauers tilstrækkelighed, markedsbetingelser, der skaber grundlag for kravet om den udvidede service, virkningen af nytilkomne på offentlige hensyn og ansøgerens egnethed, villighed og evne til at yde passende service. Der kan pålægges præstationskrav.
Forbehold I-PT-82
Sektor:
Transport
Delsektor:
Bustransport mellem byer og planlagte tjenesteydelser
Brancheklassifikation:
CPC 7121
Forbeholdstype:
Markedsadgang
Præstationskrav
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Public Utilities Act
, R.S.N.S. 1989, c. 380
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For at nytilkomne i forbindelse med denne tjenesteydelse kan få en bevilling, skal der foretages en undersøgelse af offentlige hensyn og behov, og det omfatter: undersøgelse af, om de nuværende serviceniveauer er tilstrækkelige markedsbetingelser, der skaber grundlag for kravet om udvidet service nytilkomnes indflydelse på offentlige hensyn, herunder servicekontinuiteten og -kvaliteten og ansøgerens egnethed, villighed og evne til at yde passende service. Der kan pålægges præstationskrav.
Forbehold I-PT-83
Sektor:
Jord
Delsektor:
Andre arealer
Brancheklassifikation:
CPC 539
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Land Titles Clarification Act
, R.S.N.S. 1989, c. 250
Beskrivelse:
Investering
En ansøger, der på grundlag af historisk ejendomshævd gør krav på jord i et område med klarlæggelse af ejendomsforhold, skal være hjemmehørende i Nova Scotia.
Forbehold I-PT-84
Sektor:
Kredit- og inkassotjenester
Delsektor:
Tjenester i forbindelse med kreditoplysning og inkassobureauer
Forbrugeroplysningsbureauer
Brancheklassifikation:
CPC 87901, 87902, 87909
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Consumer Creditors' Conduct Act, 
R.S.N.S., c. 91
Consumer Protection Act, 
R.S.N.S., c. 92
Consumer Reporting Act, 
R.S.N.S., c. 93
Consumer Services Act, 
R.S.N.S., c. 94
Direct Sellers Licensing and Regulation Act, 
R.S.N.S. 1989, c. 129
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Hvad enten det er som en person eller et interessentskab, skal en ansøger til registrering som et forbrugeroplysningsbureau være canadisk statsborger eller på lovlig vis have fået adgang til Canada og have fast bopæl der. En ansøger i form af et selskab skal være stiftet i Canada og registreret til at drive virksomhed i Nova Scotia. Et forbrugeroplysningsbureau, hvad enten det er en person, et interessentskab eller et selskab, skal drive virksomhed fra et fast forretningssted i Nova Scotia, der skal være åbent for offentligheden i den normale arbejdstid.
2.
Kreditoplysnings- og inkassobureautjenesteydelser skal leveres gennem en handelsmæssig tilstedeværelse.
3.
Der kræves fast bopæl for at kunne levere forbrugeragenturtjenester.
4.
En ansøgning om tilladelse kræver en adresse for virksomhed i Nova Scotia med direkte sælgere, der driver et permanent forretningssted i Nova Scotia.
Forbehold I-PT-85
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107, 643, 88411
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Liquor Control Act
, R.S.N.S. 1989, c. 260
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Den anførte foranstaltning ovenfor giver provinsen tilladelse til gennem monopolet for Nova Scotia Liquor License Corporation at regulere og udstede forskellige autorisationer med relation til køb, import, besiddelse, levering og salg af spiritus og varer.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan denne foranstaltning indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Nova Scotia eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Nova Scotia.
Forbehold I-PT-86
Sektor:
Kollektive og personlige tjenesteydelser
Delsektor:
Religiøse organisationer
Brancheklassifikation:
CPC 95910
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Solemnization of Marriage Act
, R.S.N.S. 1989, c. 436
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun personer hjemmehørende i Nova Scotia kan registreres som en person, der er autoriseret til at foretage vielser.
Forbehold I-PT-87
Sektor:
Minedrift
Delsektor:
Minedrifts-, stenbrydnings- og olieboringsindustri
Brancheklassifikation:
CPC 11, 12, 13, 14, 15, 16, 883
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Mineral Resources Act
, S.N.S. 1990, c. 18
Beskrivelse:
Investering
1.
Undtagen med henblik på undersøgelse må ingen person flytte fra provinsen til et sted uden for Canada med henblik på at forarbejde et produkt fra en mine i provinsen, uden at vedkommende først har opnået samtykke fra ministeren.
2.
Hvis der undlades at opnå samtykke, idømmes en bøde, der svarer til tre gange størrelsen på den royalty, som en operatør ellers skulle have betalt.
3.
Differentierede royalties kan også gælde for mineprodukter, der forarbejdes uden for Nova Scotia.
Forbehold I-PT-88
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Tjenesteydelser i forbindelse med fremstillingsvirksomhed
Brancheklassifikation:
CPC 8844, 885, 96492
Forbeholdstype:
Markedsadgang (kun til CPC 8844 og 885)
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Gaming Control Act
, S.N.S. 1994-95, c. 4
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Den ovenfor anførte foranstaltning giver provinsen tilladelse til at regulere og udstede forskellige autorisationer med relation til tjenesteydelser, leverandører af tjenesteydelser, fremstilling, leverandører af materialer, aktiviteter og reparationer med relation til lotterier, lotterisystemer, spillemaskiner, videospillemaskiner, hasardspil, væddeløb, bookmakerforretninger, bingospil, kasinoer og salgsfremmende konkurrencer.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Nova Scotia eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Nova Scotia.
Forbehold I-PT-89
Sektor:
Kollektive og personlige tjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med begravelsesvæsen, krematorier og bedemandsvirksomhed
Brancheklassifikation:
CPC 9703
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Embalmers and Funeral Directors Act
, R.S.N.S., c. 144
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Ministeren har beføjelse til af enhver rimelig grund at nægte at udstede eller genudstede en bevilling i forbindelse med en begravelsesforretning.
2.
Lovgivningen fastlægger, at en person, der ansøger om at blive lærling inden for balsamering, skal have gennemført et af to uddannelsesforløb i Nova Scotia. Hvis en person har gennemført et uddannelsesforløb i en anden jurisdiktion end Nova Scotia, har nævnet handlefrihed til ikke at godkende og godtage uddannelsesforløbet.
Forbehold I-PT-90
Sektor:
Energi
Delsektor:
Råolie og naturgas
Brancheklassifikation:
CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887
Forbeholdstype:
Markedsadgang (kun CPC 71232 og 7422)
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Canada
-
Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act
, S.N.S. 1987, c. 3
Crown Lands Act
, R.S.N.S. 1989, c. 114
Gas Distribution Act
, S.N.S. 1997, c. 4
Offshore Petroleum Royalty Act
, S.N.S. 1987, c. 9
Petroleum Resources Act
, R.S.N.S. 1989, c. 342
Petroleum Resources Removal Permit Act
, S.N.S. 1999, c. 7
Pipeline Act
, R.S.N.S. 1989, c. 345
Public Utilities Act
, R.S.N.S. 1989, c. 380
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Regeringen i Nova Scotia regulerer og udsteder forskellige autorisationer med relation til udforskning, produktion, udvinding, forarbejdning, udvikling og transport af kulbrinter og tildelingen af enerettigheder til drift af kulbrintedistributionssystemer og -opbevaringsfaciliteter, herunder tilhørende kulbrinterørledninger, distribution til havs, omladningsfaciliteter og transporttjenester.
2.
Tildelingen af autorisationer kan indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Nova Scotia eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Nova Scotia.
Forbehold I-PT-91
Sektor:
Fiskeri
Delsektor:
Fisk og andre fiskeprodukter
Tilberedt og konserveret fisk
Engroshandel med fiskerivarer
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 04, 212, 62224, 882
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Fisheries and Coastal Resources Act
, R.S.N.S. 1996, c. 25
Fisheries Organizations Support Act
, S.N.S., 1995-96, c. 6
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver provinsen tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion, forarbejdning og markedsføring af fisk og fiskeprodukter fra akvakultur, herunder overførsel, levering eller videresendelse af produkter fra havet på foranledning af fiskere, akvakulturbrugere og senere købere.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Nova Scotia eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Nova Scotia.
Forbehold I-PT-92
Sektor:
Skovbrug
Delsektor:
Produkter af træ, kork, strå og flettematerialer
Produkter fra skovbrug og skovning
Papirmasse, papir og papirvarer
Fremstilling af træ og produkter af træ og kork undtagen møbler
Fremstilling af varer af strå og flettematerialer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 031, 31, 321, 88430
Forbeholdstype:
Markedsadgang (kun CPC 31)
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Crown Lands Act
, R.S.N.S. 1989, c. 114
Forests Act
, R.S.N.S. 1989, c. 179
Primary Forests Products Marketing Act
, R.S.N.S. 1989, c. 355
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver provinsen tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion, udvinding og udvikling af skovbrugsressourcer og relaterede produkter i provinsen.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, begrænsninger for markedsadgang, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Nova Scotia eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Nova Scotia.
Forbehold I-PT-93
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Skovbrug og fiskeri
Engroshandel med landbrugsråvarer og levende dyr
Tjenesteydelser i forbindelse med landbrug, jagt og skovbrug
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 01, 021, 029, 04, 21, 22, 6221, 881 (bortset fra leje af landbrugsudstyr med betjeningspersonale og 8814), 882
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Natural Products Act
, R.S.N.S. 1989, c. 308
Dairy Industry Act
, S.N.S. 2000, c. 24
Agriculture and Rural Credit Act
, R.S.N.S. 1989, c. 7
Agriculture and Marketing Act
, R.S.N.S., c. 6
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver provinsen tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion og markedsføring af landbrugsprodukter og fødevarer samt fiskeprodukter i provinsen, herunder foranstaltninger relateret til udbudsregulering af mejeri-, ægge- og fjerkræsprodukter.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Nova Scotia eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Nova Scotia.
Forbehold I-PT-94
Sektor:
Energi
Delsektor:
Elektricitet
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 17, 887
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Crown Lands Act
, R.S.N.S. 1989, c. 114
Electricity Act
, S.N.S. 2004, c. 25
Nova Scotia Power Privatization Act
, S.N.S. 1992, c. 8
Nova Scotia Power Reorganization (1998) Act
, S.N.S. 1998, c. 19
Public Utilities Act
, R.S.N.S. 1989, c. 380
Renewable Electricity Regulations
, O.I.C. 2010-381 (October 12, 2010), N.S. Reg. 155/2010
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver regeringen i Nova Scotia blandt andet tilladelse til at:
a)
regulere og udstede forskellige autorisationer med relation til produktion, udvikling, drift og opretholdelse af generering, transmission (herunder systemkontrol), distribution, levering, import, eksport og forsyning af elektricitet, herunder elektricitet, der genereres af vedvarende energikilder
b)
muliggøre tildeling af land- eller vandarealer inden for provinsen til enhver god energikilde eller -kraft, som det er muligt at producere elektricitet fra, herunder opsætning af vindmøller og hydroelektriske frembringelser og
c)
fastsætte og ændre elektricitetstakster, herunder faste afregningstariffer.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Nova Scotia eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Nova Scotia.
Forbehold, der gælder i Nunavut
Forbehold I-PT-95
Sektor:
Turisme, landbrug
Delsektor:
Andet — tjenesteydelser i forbindelse med jagt
Jagt, fiskeri og fældefangst
Turistguidebureauer (vildmarksturisme)
Selvstændige jagtguider
Levende dyr
Huder, skind og pelsskind
Brancheklassifikation:
CPC 021, 0297, 7472, 8813, 96419
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Wildlife Act
, S. Nu. 2003, c. 26, s. 113
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
I forbindelse med tildeling af en tilladelse som forhandler eller guide, til en pelsdyrfarm eller en vildtfarm, til garvning eller taksidermi skal der gives fortrinsret til en ansøger, der har haft sin primære bopæl i bosætningsområdet Nunavut i mindst 18 måneder i træk forud for indsendelsen af sin ansøgning. Der skal også gives fortrinsret til ansøgninger, der sandsynligvis vil give direkte fordele for Nunavuts økonomi, især gennem anvendelse af lokale menneskelige og økonomiske ressourcer.
Forbehold I-PT-96
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser (notarius publicus)
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Evidence Act
, R.S.N.W.T. 1988, c. E-8, s. 79
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Enhver person, der ønsker udnævnelse som notarius publicus, skal være bosiddende i Nunavut og enten være canadisk statsborger eller have status som person med fast bopæl i Canada.
Forbehold, der gælder i Ontario
Forbehold I-PT-97
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Business Corporations Act
, R.S.O. 1990, c. B.16, ss. 118(3), 126(2), og 45(1)(b)
Særlige retsakter vedtaget af lovgiver, der omfatter bestemte virksomheder
Beskrivelse:
Investering
1.
Mindst 25 procent af bestyrelsesmedlemmerne i selskaber (bortset fra ikke-hjemmehørende selskaber i Canada) skal være hjemmehørende canadiere. Hvis der er færre end fire bestyrelsesmedlemmer, skal mindst et medlem være hjemmehørende canadier. Flertallet af bestyrelsesmedlemsmøder skal afholdes i Canada hvert år.
2.
Der kan pålægges restriktioner for overdragelse og ejerskab af andele i selskaber. Selskaber kan sælge aktionærernes andele uden deres samtykke og købe andele for at få adgang til visse fordele, der er baseret på minimumskrav for canadisk ejerskab.
Forbehold I-PT-98
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fremstillingsvirksomhed
Brancheklassifikation:
CPC 884, 885
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Technical Standards and Safety Act, 2000, 
S.O. 2000, c. 16
Upholstered and Stuffed Articles
, O. Reg. 218/01 ss. 8, og 17
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Undtagen i forbindelse med en genbrugsartikel må ingen person sælge eller faldbyde en polstret artikel eller artikel lavet af stof med fyld, der ikke er fremstillet af en fabrikant med tilladelse i Ontario, eller ikke er fremstillet i en benævnt jurisdiktion.
Forbehold I-PT-99
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Gaming Control Act, 1992
, S.O. 1992, c. 24
General O. Reg. 78/12
Order in Council 1413/08, ss. 3(b) og 16(i)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Ontario fastsætter bestemmelser i forbindelse med spilleassistenter og leverandører af tjenesteydelser og udstyr i forbindelse med lotterisystemer, herunder hasardspil, bookmakerforretninger, bingospil, kasinoer og salgsfremmende konkurrencer, deriblandt gennem monopoler på provinsniveau. Provenuer skal anvendes til at give direkte fordele for hjemmehørende i Ontario.
Forbehold I-PT-100
Sektor:
Forretningstjenesteydelser
Delsektor:
Inkassoagenter
Brancheklassifikation:
CPC 87902
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Collection and Debt Settlement Services Act
, R.S.O. 1990, c. C-14
General
, R.R.O. 1990, Reg. 74, ss. 12(2)(a), og 19.1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kun canadiske statsborgere, personer med fast bopæl eller personer, der har fast bopæl i Canada, kan blive registreret som inkassoagenter og beskæftige sig med inkassobureauvirksomhed i Ontario.
2.
Et selskab skal være stiftet i henhold til canadisk lovgivning (på føderalt niveau eller på provinsniveau) for at kunne drive virksomhed i form af inkassobureauer i Ontario. Undtagelser i henhold til loven og lovgivningen er fastlagt for ikke-kommercielle kreditrådgivningstjenester.
Forbehold I-PT-101
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom på honorar- eller kontraktbasis
Tjenesteydelser i forbindelse med fast ejendom, som involverer egen eller leaset ejendom
Brancheklassifikation:
CPC 821, 822
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Real Estate and Business Brokers Act, 2002, 
S.O. 2002, c. 30, Sched. C
General, 
O. Reg. 567/05 para.2 of ss. 4(1) og ss. 24(1)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Tjenesteydelser i forbindelse med fast ejendom skal leveres gennem en handelsmæssig tilstedeværelse i Ontario.
Forbehold I-PT-102
Sektor:
Alkoholiske drikkevarer
Delsektor:
Vinprodukter
Brancheklassifikation:
CPC 242
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Wine Content and Labelling Act, 
S.O 2000, c. 26, Sched. P
Content of Wine,
 O. Reg. 659/00
Beskrivelse:
Investering
Et vinbrug i Ontario kan sælge vin, der er fremstillet på en blanding af importerede og indenlandske drueprodukter med et indhold på mindst 25 procent druer fra Ontario pr. flaske.
Forbehold I-PT-103
Sektor:
Turisme
Delsektor:
Rejsebureau-, turoperatør- og turistguidevirksomhed
Brancheklassifikation:
CPC 7471
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Travel Industry Act
, 
2002, 
S.O. 2002, c. 30, Sched. D, s. 4(1)
General
, O. Reg. 26/05, para.1 of s. 5, og ss. 10(1)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
1.
En person skal være hjemmehørende i Canada for at kunne blive registreret som rejseagent og rejsegrossist i Ontario.
2.
De registrerede må kun drive virksomhed, hvis deres permanente forretningssted er i Ontario.
Forbehold I-PT-104
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Tjenesteydelser i forbindelse med landbrug
Brancheklassifikation:
CPC 01, 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Wild Rice Harvesting Act
, R.S.O., 1990, c. W. 7, ss. 1 og 3(2)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En person, der ønsker at høste vilde ris på statsjord (»Crown land«), skal have en tilladelse. Kun de personer, som har været bosiddende i Ontario i 12 måneder i træk umiddelbart forud for ansøgningen, kan få en tilladelse.
Forbehold I-PT-105
Sektor:
Forretningstjenesteydelser
Delsektor:
Landmåling (matrikulær måling)
Brancheklassifikation:
CPC 86753
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Surveyors Act
, R.S.O. 1990, c. S.29, ss. 3(6), 5(1), 12(1), 14(2) og (3)
General
, O. Reg. 1026, afsnit 23
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kun en person, der er hjemmehørende i Canada, kan få tilladelse til at udføre matrikulær måling. Kun canadiske statsborgere kan fungere som rådsmedlemmer i Association of Ontario Land Surveyors (»AOLS«).
2.
Et selskab skal hovedsageligt udbyde professionelle målingstjenester, og 50 procent af bestyrelsen skal være medlemmer af AOLS for at kunne få et autorisationscertifikat til at udbyde matrikulære målingstjenester. Hvis selskabet udbyder matrikulær måling, skal mindst ét bestyrelsesmedlem eller én fultidsansat have tilladelse fra AOLS.
Forbehold I-PT-106
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med jagt
Brancheklassifikation:
CPC 8813
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41, s. 1(1)
Hunting,
 O.Reg. 665/98, s. 37
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun en person, der er hjemmehørende, kan få udstedt en tilladelse til at fange amerikanske oksefrøer med henblik på salg eller byttehandel. En hjemmehørende person har fast bopæl eller primær bopæl i Ontario og har været bosiddende i Ontario i seks ud af de foregående 12 måneder.
Forbehold I-PT-107
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med jagt
Brancheklassifikation:
CPC 8813
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41, s. 1(1)
Trapping, 
O. Reg. 667/98, s. 11(1)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun en canadisk statsborger eller person, der er hjemmehørende i Ontario, kan få udstedt en tilladelse til at jage eller fældefange pelsbærende dyr. En person, der er hjemmehørende i Ontario, defineres som en person med primær bopæl i Ontario, og som har været bosiddende i Ontario i seks ud af de 12 måneder forud for ansøgningen om en tilladelse.
Forbehold I-PT-108
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Sportsaktiviteter
Tjenesteydelser i forbindelse med jagt
Brancheklassifikation:
CPC 9641, 8813
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41
Hunting, 
O. Reg. 665/98, s. 12
Ontario Hunter Education Program Standards, Wildlife Policy Section, 2014
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun personer, der er hjemmehørende i Ontario, kan blive udnævnt til at undervise på jagtuddannelseskurser.
Forbehold I-PT-109
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med jagt
Brancheklassifikation:
CPC 8813
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Fish and Wildlife Conservation Act
, S.O. 1997, c. 41, ss. 1(1), og 32
Hunting, 
O. Reg. 665/98, ss. 94 and 95
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En ansøger skal være hjemmehørende i Ontario eller Canada for at kunne få en bevilling til at fungere som guide i forbindelse med jagt i området Territorial District of Rainy River og i forbindelse med trækfuglejagt på Lake St. Clair. En hjemmehørende person er en person, som her været bosiddende i Ontario i seks måneder i træk umiddelbart forud for ansøgningen om en bevilling.
Forbehold I-PT-110
Sektor:
Distributionstjenester
Delsektor:
Engroshandel med fiskerivarer
Brancheklassifikation:
CPC 62224
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Freshwater Fish Marketing Act
, R.S.O. 1990, c. F.33
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Ingen person må kontrollere køb eller salg af fisk i Ontario, undtagen som det er tilladt i den pågældende lov.
Forbehold I-PT-111
Sektor:
Skovbrug
Delsektor:
Kævler af nåletræ
Kævler af nåletræ
Fremstilling af træ og produkter af træ og kork undtagen møbler
Fremstilling af varer af strå og flettematerialer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 0311, 0312, 8843
Forbeholdstype:
Markedsadgang
Præstationskrav
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Crown Forest Sustainability Act
, S.O. 1994, c. 25, ss. 30 and 34
General,
 O. Reg. 167/95
Beskrivelse:
Investering
1.
Skovressourcebevillinger, der tillader hugst af træer, der tilhører »the Crown«, er underlagt den betingelse, at alle fældede træer skal forarbejdes i Canada til tømmer, papirmasse eller andre produkter.
2.
Skovressourcebevillinger udstedes for specifikke landarealer. Som sådan er der grænser for antallet af udstedte bevillinger.
3.
Ministeren kan ændre en skovressourcebevilling i overensstemmelse med forskriften 167/95, der kræver fremlæggelse af en skovforvaltningsplan med relation til sociale og økonomiske målsætninger. Behovene og fordelene i lokalsamfundene vil få fortrinsret i forbindelse med planlægningsarbejdet og fastsættelse af målsætning samt opnåelse heraf frem for behov og fordele i bredere samfund, der ikke er lokale.
Forbehold I-PT-112
Sektor:
Forretningstjenesteydelser
Delsektor:
Veterinære tjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Veterinarians Act
, R.S.O. 1990, c. V. 3
General, 
O. Reg. 1093/90
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun en canadisk statsborger eller en person med fast bopæl eller en anden status i henhold til 
Immigration and Refugee Protection Act
, S.C. 2001, c. 27, som er i overensstemmelse med den tilladelsesklasse, der ansøges om, kan få autorisation til at udøve veterinærmedicin i Ontario.
Forbehold I-PT-113
Sektor:
Distributionstjenester
Delsektor:
Detailhandel med farmaceutiske og ortopædiske produkter og lægemidler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Livestock Medicines Act
, R.S.O. 1990, c. L.-23
General, 
O. Reg. 730/90
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun personer med et etableret forretningssted i Ontario kan få tilladelse til at sælge medicin til husdyr i Ontario.
Tilladelser kan udstedes til sælgere, som har etableret et midlertidigt forretningssted til arrangementer som f.eks. væddeløb og landbrugsmesser eller -udstillinger.
Forbehold I-PT-114
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser (juridisk dokumentation og certificeringstjenester)
Brancheklassifikation:
CPC 86130
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Notaries Act
, R.S.O. 1990, c. N.6, s. 2(1)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves canadisk statsborgerskab for at kunne blive udnævnt til notarius publicus i Ontario for en person, som ikke er advokat eller sagfører.
Forbehold I-PT-115
Sektor:
Malme og mineraler, elektricitet, gas og vand
Delsektor:
Naturgas
Elektrisk energi
Brancheklassifikation:
CPC 120, 17, 334, 713, 887
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Ontario Energy Board Act, 
S.O. 1998, c. 15, Sched. B
Electricity Act, 
S.O. 1998, c. 15, Sched. A
Green Energy Act, 
S.O. 2009, c. 12, Sched. A
Green Energy and Green Economy Act, 2009, 
S.O. 2009, c. 12
Municipal Franchises Act
, R.S.O. 1990, c. M-55
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Regeringen i Ontario og dens energimyndigheder, -enheder og -organer, herunder Independent Electricity System Operator, Ontario Power Generation Inc., Hydro One Inc. og Ontario Energy Board samt deres retssuccessorer, kan give en eller flere personer eller enheder tilladelse til at anlægge eller udbygge rørledninger og elektricitets- samt gasinfrastruktur eller til at producere, transmittere, distribuere, gemme, styre (efterspørgsel og belastning), lagre, sælge, videresælge eller markedsføre energi (herunder elektricitet, naturgas eller vedvarende energi) i enhver region i Ontario, herunder på landarealer til korridorer. Endvidere kan regeringen i Ontario eller en af dens energimyndigheder, Ontario Energy Board eller deres retssuccessorer regulere takster, lagring, standarder eller tjenesteydelser, der tilvejebringes af energiproducenter, -distributører, -transmittører, -sælgere, -videresælgere, -markedsførere og -lagringsvirksomheder i Ontario.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan foranstaltninger og tiltag, som træffes af Ontario samt energimyndigheder, -enheder og -organer, der er anført ovenfor, og deres retssuccessorer, indbefatte skønsmæssige beslutninger på grundlag af faktorer, der kan give fortrinsbehandling til fordel for:
a)
hjemmehørende i Ontario eller
b)
enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted i Ontario.
3.
Det præciseres, at enhver virksomhed, der er oprettet i overensstemmelse med lovene i Ontario, og som har et forretningssted i Ontario, skal behandles på samme måde som en virksomhed, der er hjemmehørende i Ontario.
Forbehold I-PT-116
Sektor:
Minedrift
Delsektor:
Metalmalme, andre mineraler
Fremstilling af basismetaller på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 14, 16, 8851
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Mining Act
, R.S.O. 1990, c. M.14, 1990, s. 91
Beskrivelse:
Investering
Alle malme eller mineraler, der udvindes eller fjernes fra landarealer, jordlodder eller udvindingsrettigheder i Ontario, skal behandles og raffineres i Canada med henblik på at frembringe raffineret metal eller andet produkt, der er egnet til direkte anvendelse inden for kunst uden videre behandling, medmindre Viceguvernøren fritager nogle landarealer, jordlodder eller udvindingsrettigheder fra omfanget af dette krav.
Forbehold I-PT-117
Sektor:
Transport
Delsektor:
Transport mellem byer
Brancheklassifikation:
CPC 71213
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Public Vehicles Act
, R.S.O 1990, c. P-54
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Udstedelse af driftstilladelser til offentlige køretøjer er underlagt en undersøgelse af behov og offentlige hensyn, som foretages af Ontario Transport Highway Board.
Forbehold I-PT-118
Sektor:
Uddannelsestjenester
Delsektor:
Tjenesteydelser i forbindelse med førerbeviser
Brancheklassifikation:
CPC 9290
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Highway Traffic Act
, R.S.O. 1990, c. H.8, s. 32 (5) Udstedelse af kørekort, påtegnelser
Drivers' Licences
, O. Reg. 340/94
Licences for Driving Instructors and Driving School, 
O. Reg. 473/07
Driver Certification Program Policy (politik vedrørende certificeringsprogram for billister)
Beginner Driver Education Program (politik vedrørende uddannelsesprogram for nye billister)
School Bus Driver Improvement Course (kursus til forbedring af chauffører af skolebusser)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at kunne få tilladelse til at levere uddannelses- og undervisningsprogrammer for bilister i Ontario, herunder Driver Certification Program, School Bus Driver Improvement Course og programmet for Beginner Driver Education skal en ansøger eje eller lease lokaler i Ontario, der fungerer som køreskolens kontor og undervisningslokaler.
Forbehold I-PT-119
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Co
-
operative Corporations Act
, R.S.O. 1990, c. C. 35, ss. 14(1) og 85 (3)
Beskrivelse:
Investering
1.
Et flertal af bestyrelsesmedlemmer i hvert kooperativ skal være hjemmehørende canadiere.
2.
Kooperative selskaber skal have et hovedkontor i Ontario.
Forbehold I-PT-120
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Liquor Control Act
, R.S.O. 1990, c. L. 18
General, 
O. Reg. 717/90
Alcohol and Gaming Regulation and Public Protection Act
, R.S.O. 1996, c. 26, Sched.
Assignment of Powers and Duties, 
O. Reg. 141/01
Registrator for Alcohol and Gaming Commission of Ontario (politik og praksis)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver Ontario tilladelse til at regulere og autorisere import, køb, produktion, distribution, levering, markedsføring og salg af alkoholiske drikkevarer i Ontario og til at udføre disse aktiviteter, herunder gennem provinsmonopoler. Øl må kun sælges i autoriserede offentligt ejede forretninger.
2.
Registratoren for Alcohol and Gaming Commission of Ontario autoriserer vin-, spiritus- og ølproducenter i Ontario til at drive forretninger til salg af hhv. deres egen vin og spiritus og eget øl. Alcohol and Gaming Commission of Ontario autoriserer også udelukkende The Beer Store til at sælge indenlandsk og importeret øl.
Forbehold I-PT-121
Sektor:
Landbrug
Delsektor:
Landbrugsjord, skove og andre træbevoksede områder
Brancheklassifikation:
CPC 5310
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Municipal Act
, S.O 2001, c. 25, s. 308.1
Assessment Act
, R.S.O. 1990, c. A.31, s. 7
General
, O. Reg. 282/98
Beskrivelse:
Investering
Landbrugsjord og forvaltet skovområde, som ejes af en canadisk statsborger eller en person, der på lovlig vis har fået adgang til Canada med henblik på fast bopæl, eller af et selskab, hvor stemmerettighederne kontrolleres for mere end 50 procents vedkommende af canadiske statsborgere eller af personer, der på lovlig vis har fået adgang til Canada med henblik på fast bopæl, er underlagt reducerede ejendomsskatter.
Forbehold I-PT-122
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 862
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Credit Unions and Caisses Populaires Act
, S.O 1994, c. 11, s. 160
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En revisor eller et revisionsfirma er kvalificeret til at være en revisor i en »Credit Union«, hvis revisoren — eller i tilfælde af et revisionsfirma — medlemmet eller den ansatte i firmaet har fast bopæl i Canada.
Forbehold I-PT-123
Sektor:
Tjenesteydelser i tilknytning til organisationer og foreninger
Delsektor:
Juridisk dokumentation og certificering
Brancheklassifikation:
CPC 8613, 95910
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
The Marriage Act
, R.S.O 1990, c. M.3, ss. 11 og 20
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ontario forbeholder sig ret til at begrænse kategorien af personer, der kan udstede tilladelser til at indgå ægteskab, herunder på grundlag af bopæl, og til at kræve, at en person, der registreres i henhold til loven med henblik på at kunne foretage vielse, skal være hjemmehørende i Ontario eller helt eller delvist have et sogne- eller præsteembede i Ontario.
Forbehold I-PT-124
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Skovbrug og fiskeri
Engroshandel med landbrugsråvarer og levende dyr
Tjenesteydelser i forbindelse med landbrug, jagt og skovbrug
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 01, 021, 029, 04, 21, 22, 881 (bortset fra leje af landbrugsudstyr med betjeningspersonale og 8814), 882
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Farm Products Marketing Act
, R.S.O., c. F-9
Milk Act
, R.S.O. 1990, c. M. 12
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger giver provinsen tilladelse til at regulere og udstede forskellige autorisationer med relation til produktion og markedsføring af landbrugsprodukter og fødevarer i provinsen, herunder foranstaltninger relateret til udbudsregulering af mejeri-, ægge- og fjerkræsprodukter.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan foranstaltninger og tiltag, der træffes af Ontario samt enheder og organer, og som er anført ovenfor, indbefatte skønsmæssige beslutninger på grundlag af faktorer, der kan give fortrinsbehandling til fordel for:
a)
hjemmehørende i Ontario eller
b)
enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted i Ontario.
Forbehold I-PT-125
Sektor:
Handelstjenester
Delsektor:
Salg, vedligeholdelse og reparation af motorkøretøjer
Brancheklassifikation:
CPC 611, 612
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Motor Vehicle Dealers Act
, S.O. 2002, c. 30, Sched. B
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En motorkøretøjsforhandler skal være registreret og må kun drive virksomhed fra et sted, der er autoriseret i forhandlerens registrering. Det autoriserede sted skal være i Ontario.
Forbehold, der gælder i Prince Edward Island
Forbehold I-PT-126
Sektor:
Forretningstjenesteydelser
Delsektor:
Arkitektvirksomhed
Brancheklassifikation:
CPC 8671
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Architects Acts
, R.S.P.E.I. 1988, c. A-18.1
Architects Association of Prince Edward Island By-laws
Beskrivelse:
Investering
For en ikke-hjemmehørende enkeltmandsvirksomhed, et partnerskab eller et selskab, der ansøger om tilladelse til at udøve arkitekturvirksomhed i Prince Edward Island, skal mindst to tredjedele af partnerne, lederne eller bestyrelsesmedlemmerne af partnerskabet eller selskabet være arkitekter; og arkitekterne skal være egentlige ejere af ikke mindre end flertallet af de udstedte aktier i hver kategori af stemmeberettigede aktier i selskabet, og disse skal være registreret i arkitekternes navn.
Forbehold I-PT-127
Sektor:
Forretningstjenesteydelser
Delsektor:
Forsikrings- og ejendomsmæglerindustri
Brancheklassifikation:
CPC 821, 822
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Real Estate Trading Act
, R.S.P.E.I. 1988, R -2
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at sælge fast ejendom skal en fysisk person have tilladelse til at formidle fast ejendom i Prince Edward Island. Registratoren må ikke udstede en tilladelse til en person, medmindre den person er canadisk statsborger eller har status som person med fast bopæl i Canada.
Forbehold I-PT-128
Sektor:
Distributionstjenester
Delsektor:
Detailhandel med motorbrændstof
Brancheklassifikation:
CPC 613
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Petroleum Products Act
, R.S.P.E.I. 1988, P-5.1
Beskrivelse:
Investering
Når der udstedes en bevilling til driften af et salgssted, der drives af en forhandler, skal kommissionen tage højde for offentlighedens interesse, bekvemmelighed og behov ved at anvende sådanne kriterier, som kommissionen fra tid til anden kan anse for hensigtsmæssige.
Forbehold I-PT-129
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Prince Edward Island Lands Protection Act
, R.S.P.E.I. 1988, L-5
Fees Regulations og Lands Identification Regulations
Beskrivelse:
Investering
1.
Ikke-hjemmehørende personer skal ansøge for at erhverve mere end fem acre jord eller jord, der har en kyststrækning på mere end 165 fod og får tilladelse fra Viceguvernøren (Lieutenant Governor in Council). Kyststrækning omfatter, men er ikke begrænset til, jord, der støder op til have, floder, søer, damme og moser.
2.
Regeringen i Prince Edward Island udsteder tilladelser til ikke-hjemmehørende personer i henhold til loven og kan pålægge mere krævende betingelser, herunder at jorden skal bestemmes til landbrugsmæssig eller ikke-udstykningsmæssig anvendelse i henhold til programmet for jordbestemmelse.
3.
Kun personer hjemmehørende i Prince Edward Island kan få ejendomsskattenedsættelse på ikke-kommerciel fast ejendom.
Forbehold I-PT-130
Sektor:
Forretningstjenesteydelser
Delsektor:
Forbrugerkreditoplysning
Brancheklassifikation:
CPC 87901
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Consumer Reporting Act
, R.S.P.E.I. 1988, C-20
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ethvert forbrugeroplysningsbureau, der er registreret i henhold til loven, skal drive virksomhed fra et fast forretningssted i Prince Edward Island.
Forbehold I-PT-131
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Legal Profession Act
, 1992 c. 39, R.S.P.E.I. 1988, L-6.1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For at kunne få adgang til Law Society of Prince Edward Island og praktisere jura skal en person være canadisk statsborger eller have fast bopæl i Canada.
Forbehold I-PT-132
Sektor:
Landbrug
Delsektor:
Landbrugsprodukter
Levende dyr og animalske produkter
Kød
Mejeriprodukter
Fødevarer i.a.n.
Brancheklassifikation:
CPC 01, 02, 21, 22, 239, 6221, 62112
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Natural Products Marketing Act, 
R.S.P.E.I. 1988, N-3
Dairy Industry Act, 
R.S.P.E.I. 1988, D-1
Agricultural Products Standards Act, 
R.S.P.E.I. 1988, A-9
Dairy Producers Act, 
R.S.P.E.I. 1988, D-2
Agricultural Insurance Act, 
R.S.P.E.I. 1988, A-8.2
Animal Health and Protection Act
, R.S.P.E.I., A-11.1
Grain Elevators Corporation Act
, R.S.P.E.I. 1993, c. 8
Plant Health Act, 
R.S.P.E.I. 1990, c. 45
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De anførte foranstaltninger ovenfor giver Prince Edward Island tilladelse til at regulere og udstede autorisationer i anliggender med relation til markedsføring, herunder køb, salg, emballering, klassificering, opbevaring, forarbejdning, forsendelse til salg eller opbevaring, promovering, forskning og udbud til salg i forbindelse med, men ikke begrænset til: fjerkræ, æg, mejerifremstilling, svin, kvæg, kartofler samt kalkuner og herunder produktion og transport med henblik på at realisere formålene med disse love.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Prince Edward Island eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Prince Edward Island.
Forbehold I-PT-133
Sektor:
Fiskeri og akvakultur
Delsektor:
Engroshandel med fiskerivarer
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 04, 62224, 882
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Fisheries Act
, R.S.P.E.I. 1988, F-13.01
Fish Inspection Act
, R.S.P.E.I. 1988, F-13
Certified Fisheries Organizations Support Act
, R.S.P.E.I. 1988, C-2.1
Natural Products Marketing Act, 
R.S.P.E.I. 1988, N-3
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Ovennævnte foranstaltninger gør det muligt for Prince Edward Island at regulere og udstede tilladelser i forbindelse med spørgsmål om ressourcer og fiskerivarer, herunder: vedligeholdelse og udvikling af fiskeressourcerne; køb og forarbejdning af fisk og ethvert andet spørgsmål, eller anliggende for at sikre den fulde virkning af de mål, der forfølges med disse retsakter.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Prince Edward Island eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Prince Edward Island.
Forbehold I-PT-134
Sektor:
Energi
Delsektor:
Elektricitet, olie og naturgas
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 17, 120, 887
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Energy Corporation Act, 
R.S.P.E.I. 1988, E-7
Renewable Energy Act, 
R.S.P.E.I. 2004, C-16
Oil and Natural Gas Act, 
R.S.P.E.I. 1988, O-5
Electric Power Act, 
R.S.P.E.I. 1988, E-4
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger gør det muligt for Prince Edward Island at regulere og udstede tilladelser i forbindelse med spørgsmål om energi og energisystemer, olie og naturgas og vedvarende energikilder, herunder: produktion, samling, transmission, distribution, forsyning, køb, brug og bortskaffelse af energi; boring af brønde og produktion og konservering af olie og naturgas; og generelt for at udføre ethvert formål eller enhver bestemmelse i disse retsakter.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Prince Edward Island eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Prince Edward Island.
Forbehold I-PT-135
Sektor:
Produkter fra landbrug, skovbrug og fiskeri
Delsektor:
Produkter fra skovbrug og skovning
Tjenesteydelser i forbindelse med skovbrug og skovning
Brancheklassifikation:
CPC 03, 8814
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Forest Management Act, 
R.S.P.E.I. 1988, F-14
Public Forest Council Act, 
R.S.P.E.I. 2001, C-48
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
De ovenfor anførte foranstaltninger gør det muligt for Prince Edward Island at regulere og udstede tilladelser i forbindelse med spørgsmål om skovprodukter, herunder: bevarelse, beskyttelse, hugst, ekstraktion, salg af skovprodukter, udstedelse af tilladelser og certificering af skovbrugsproducenter, import af planter og plantematerialer, gebyrer og andre afgifter og generelt for at udføre enhver bestemmelse i disse retsakter.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Prince Edward Island eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Prince Edward Island.
Forbehold I-PT-136
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Liquor Control Act
, R.S.P.E.I. 1988, L-14
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Prince Edward Island Liquor Control Commission (»PEILCC«) er et organ under betegnelsen »Government of Prince Edward Island Crown agency«, der er eneimportør og kontrollerer køb, distribution og salg af alkoholiske drikkevarer i Prince Edward Island. PEILCC driver lager- og kontorfaciliteter samt Licensee Distribution Centre. PEILCC forsyner og administrerer driften af detailspiritusforretninger og Licensee Distribution Centre.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Prince Edward Island eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Prince Edward Island.
Forbehold I-PT-137
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Lotteries Commission Act
, R.S.P.E.I. 1988, L-17
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Prince Edward Island Lotteries Commission er i henhold til loven bemyndiget til at udvikle, organisere, forestå, drive og administrere lotterisystemer, totalisatorsystemer til bookmakerforretninger og internetbaseret spil på vegne af regeringen i provinsen eller regeringerne i andre provinser, der har en aftale med denne provins vedrørende ethvert sådant lotterisystem eller totalisatorsystem til bookmakerforretninger.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Prince Edward Island eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted samt væsentlige forretningsaktiviteter i Prince Edward Island.
Forbehold, der gælder i Québec
Forbehold I-PT-138
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the acquisition of farm land by non
-
residents
, C.Q.L.R., c. A-4.1
Regulation respecting the declaration of non
-
resident status in the application for registration of the acquisition of farm land
; C.Q.L.R., c. A-4.1, r. 1
Regulation respecting an application for authorization and the information and documents required for the application
, C.Q.L.R., chapter A-4.1, r. 2
Regulation respecting the tariff of duties, fees, costs made under the Act respecting the acquisition of farm land by non
-
residents
, C.Q.L.R., c. A-4.1, r. 3
An Act respecting the preservation of agricultural land and agricultural activities, 
C.Q.L.R., c. P-41.1, og forskrifter
An Act respecting the lands in the domain of the State
, C.Q.L.R., c. T-8.1
Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State
, C.Q.L.R., c. T-8.1, r. 7
Beskrivelse:
Investering
1.
Direkte eller indirekte anskaffelse af landbrugsjord, der foretages af personer, der ikke er hjemmehørende i Québec, skal godkendes af Commission de protection du territoire agricole du Québec. Når den modtager en ansøgning om godkendelse fra personer, der ikke er hjemmehørende i Québec, tager kommissionen de mulige anvendelser af jorden til landbrugsmæssige formål og de økonomiske følger deraf i betragtning.
2.
I et specificeret landbrugsområde må ingen person anvende et areal til et andet formål end landbrug uden godkendelse fra kommissionen, der tager specifikke socioøkonomiske faktorer i betragtning, når den træffer en beslutning.
3.
Personer, der er hjemmehørende i Québec, har fortrinsret i forbindelse med køb og leasing af jord på statens område.
Forbehold I-PT-139
Sektor:
Landbrug, skovbrug og fiskeri
Delsektor:
Landbrugsprodukter
Havebrug og gartneri
Levende dyr og animalske produkter
Ubearbejdet træ
Fisk og andre fiskeprodukter
Kød, fisk, frugter, grøntsager, olier og fedtstoffer
Mejeriprodukter
Mølleriprodukter
Stivelse og stivelsesprodukter
Andre fødevarer
Tjenesteydelser i forbindelse med landbrug
Tjenesteydelser i forbindelse med husdyravl
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 01, 02, 031, 04, 21, 22, 23, 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale), 8812, 882
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Professional Syndicates Act
, C.Q.L.R., c. S-40
An Act respecting the marketing of agricultural, food and fish products
, C.Q.L.R., c. M-35.1
Règlement des producteurs d'œufs d'incubation sur le contingentement
, C.Q.L.R., c. M-35.1, r. 223
Règlement sur les quotas des producteurs d'œufs de consommation du Québec
, C.Q.L.R., c. M-35.1, r. 239
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Fælles planer for produktion samt markedsføring af landbrugsprodukter og afsætningsråd for producenter kan administreres af faglige konsortier. Kun canadiske statsborgere kan anmode om at danne et fagligt konsortium og blive medlemmer af dets ledelse.
2.
Kun canadiske statsborgere må have adgang til reserven for nye rugeægproducenter, kan komme i betragtning til visse programmer og kan drage fordel af æggekvoteoverførsler uden for det centraliserede system.
Forbehold I-PT-140
Sektor:
Landbrug, skovbrug og fiskeri
Delsektor:
Fiskevarer
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 04, 882
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Marine Products Processing Act, 
C.Q.L.R., c. T-11.01
Beskrivelse:
Investering
Ministeren kan ved lovgivning foreskrive de minimumsstandarder for forarbejdning, som en operatør skal overholde i forbindelse med tilberedning eller dåsepåfyldning af et produkt fra havet. Standarderne kan variere afhængig af det pågældende produkt fra havet.
Forbehold I-PT-141
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Kulturgoder og kulturværdier
Brancheklassifikation:
CPC 963
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Cultural Heritage Act, 
C.Q.L.R., c. P-9.002
Beskrivelse:
Investering
1.
Kulturarv kan omfatte kulturgenstande i form af dokumenter, fast ejendom, genstande eller lokaliteter. Efter at have indhentet en udtalelse fra 
Conseil du patrimoine culturel
 kan ministeren for kultur og kommunikation klassificere hele eller en del af den pågældende kulturarv, hvis viden herom og dens beskyttelse, forskønnelse eller videregivelse er i offentlighedens interesse.
2.
Der kræves autorisation fra ministeren, når en fysisk eller juridisk person ønsker at sælge eller bortskænke et klassificeret kulturarvsdokument eller en klassificeret kulturarvsgenstand til en regering eller et departement eller offentligt organ udover 
Gouvernement du Québec
, til en fysisk person, der ikke er canadisk statsborger eller har fast bopæl, eller til en juridisk person, som ikke har et primært forretningssted i Québec. Klassificeret kulturarv, der befinder sig på statens område, må ikke sælges, overdrages gennem langtidslejemål eller bortskænkes uden ministerens autorisation. I andre afhændelsestilfælde kræves der forudgående skriftlig meddelelse.
Forbehold I-PT-142
Sektor:
Kollektive, sociale og personlige tjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med begravelsesvæsen, krematorier og bedemandsvirksomhed
Brancheklassifikation:
CPC 9703
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies
, C.Q.L.R., c. L-0.2
Regulation respecting the application of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies, 
C.Q.L.R., c. L-0.2, r. 1
An Act respecting prearranged funeral services and sepultures
, C.Q.L.R., c. A-23.001
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
En fysisk person, der ønsker en tilladelse til at fungere som bedemand på sine egne vegne eller for en juridisk person, et interessentskab eller en sammenslutning med hovedkontor in Québec, skal have været bosiddende i Québec i mindst 12 måneder forud for anmodningen.
2.
En person, der ønsker en tilladelse til at foretage balsamering, kremering eller istandgørelse af afdøde, er ikke underlagt kravet om at være bosiddende i Québec, forudsat vedkommende er bosiddende i Canada.
Forbehold I-PT-143
Sektor:
Transport
Delsektor:
Taxabefordring
Brancheklassifikation:
CPC 71221
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting transportation services by taxi
, C.Q.L.R., c. S-6.01
Taxi Transportation Regulation
, C.Q.L.R., c. S-6.01, r. 3, 
Highway Safety Code
, C.Q.L.R., c. C-24.2
Regulation respecting road vehicle registration
, C.Q.L.R., c. C-24.2, r. 29
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
For at en taxavognmandstilladelse kan udstedes, tildeles eller overføres af Commission des transports du Québec, skal en fysisk person være canadisk statsborger eller have fast bopæl. For at få udstedt et taxakørekort af Société de l'assurance automobile du Québec skal en fysisk person være canadisk statsborger eller have fast bopæl i Canada.
2.
Der er en grænse på 20 taxavognmandstilladelser pr. person.
Forbehold I-PT-144
Sektor:
Transport
Delsektor:
Specialtransport mellem byer
Transport af andet gods
Brancheklassifikation:
CPC 71214, 71239
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Highway Safety Code
, C.Q.L.R., c. C-24.2
Regulation respecting road vehicle registration
, C.Q.L.R., c. C-24.2, r. 29
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I henhold til International Registration Plan (»IRP«) betaler transportvirksomheder kun registreringsgebyrer én gang til den hjemlige jurisdiktion, der til gengæld sikrer kørsel i andre jurisdiktioner for køretøjer med behørig bevilling. Dette system med fordelelige gebyrer fungerer på grundlag af den kørte afstand i hver jurisdiktion. Et IRP-registreringscertifikat anerkendes af de canadiske provinser og af staterne i Amerikas Forenede Stater. En fordelt registrering vil kun blive tildelt til en person, der har et forretningssted i Québec, og hvor mindst et af vedkommendes køretøjer opsamler kilometer.
Forbehold I-PT-145
Sektor:
Transport
Delsektor:
Bustransport
Brancheklassifikation:
CPC 71211, 71212, 71213, 71214, 71222
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Transport Act
, C.Q.L.R., c. T-12
Bus Transportation Regulation
, C.Q.L.R., c. T-12, r. 16
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
I forbindelse med udstedelse af bustransporttilladelser kan Commission des Transports du Québec anvende kriterier for offentligt behov i det område, der skal betjenes. Den kan også tage højde for, hvorvidt udstedelse af den tilladelse, som ansøgeren anmoder om, vil kunne medføre, at en anden bustransporttjeneste forsvinder, eller vil kunne påvirke kvaliteten af den mærkbart.
Forbehold I-PT-146
Sektor:
Transport
Delsektor:
Vejtransport
Brancheklassifikation:
CPC 71231, 71232, 71233, 71234
Forbeholdstype:
National behandling
Markedsadgang
Præstationskrav
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Ministère des Transports
, C.Q.L.R., c. M-28
Transport Act
, C.Q.L.R., c. T-12
Regulation respecting the brokerage of bulk trucking services
, C.Q.L.R., c. T-12, r. 4
An Act respecting owners, operators and drivers of heavy vehicles
, C.Q.L.R., c. P-30.3
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Transportministeren fastlægger de betingelser, som en operatør af tunge køretøjer, der har hjemsted uden for Québec, men i området for en part i aftalen om intern handel (Agreement on Internal Trade), skal opfylde for at blive optaget i registeret over lastbiltransport af bulkgods. Det samlede antal tilladte registreringer er begrænset. En operatør af tunge køretøjer, der har hjemsted uden for Québec, skal drive sit primære forretningssted uden for Québec, og registreringen heraf kan ikke overføres.
2.
Deltagelse i udførelsen af en kontrakt om bygge- og anlægsarbejder, reparation eller vedligeholdelse af veje, der tildeles af transportministeren, er — for så vidt angår mindst 50 procent af den krævede transport, som skal tilbydes indehaveren af formidlingstilladelse — begrænset til små virksomheder inden for lastbiltransport af bulkgods, som har tilsluttet sig en formidlingstjeneste i en sammenslutning, der har en formidlingstilladelse. Virksomheder inden for lastbiltransport af bulkgods, der ikke er optaget i registeret, vil kun have adgang til de resterende 50 procent af den transport, der er behov for, hvis indehaveren af formidlingstilladelsen accepterer tilbuddet om at transportere 50 procent af den transport, der er påkrævet.
3.
For at opnå en formidlingstilladelse skal en ikke-kommerciel juridisk person eller et kooperativ godtgøre, at de repræsenterer mindst 35 procent af operatørerne af tunge køretøjer, der er optaget i registeret over lastbiltransport af bulkgods, og at de driver deres primære forretningssted i det område, for hvilket der ansøges om tilladelse. En operatør skal tilslutte sig formidlingsydelser i det formidlingsområde, hvor vedkommende har sit primære forretningssted, eller i det område, der fastsættes ved lov.
Forbehold I-PT-147
Sektor:
Transport
Delsektor:
Søtransport
Brancheklassifikation:
CPC 72211
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Société des Traversiers du Québec
, C.Q.L.R., c. S-14
Transport Act
, C.Q.L.R., c. T-12
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Commission des Transports du Québec skal udstede eller overføre en tilladelse til transport af passagerer til vands til en person, der ansøger om dette på den af kommissionen anvendte formular, hvis den er af den opfattelse, at personen opfylder et reelt og presserende behov for en yderligere tjenesteydelse for hvert af de skibe, der skal anvendes, og, såfremt vedkommende tilbyder passagerer en færgetjeneste, som konkurrer med en anden færgetjeneste.
2.
Ingen person må være medlem af bestyrelsen, medmindre vedkommende er bosat i Québec.
Forbehold I-PT-148
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Sports- og andre fritidsaktiviteter
Brancheklassifikation:
CPC 964
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting safety in sports
, C.Q.L.R., c. S-3.1
Regulation respecting combat sports
, C.Q.L.R., c. S-3.1, r. 11
Regulation respecting combat sports licensing
, C.Q.L.R., c. S-3.1, r. 7
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Med hensyn til professionel kampsport kan en person, der ikke er bosat i Canada, ikke få en årlig kampleder- eller dommertilladelse, men kan få en tilladelse, der gælder for en specifik sportsbegivenhed.
Forbehold I-PT-149
Sektor:
Rejsebureau-, turoperatør- og turistguidevirksomhed
Delsektor:
Rejsebureauer
Turoperatørvirksomhed
Brancheklassifikation:
CPC 7471
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Travel Agents Act
, C.Q.L.R., c. A-10
Regulation respecting travel agents
, C.Q.L.R., c. A-10, r. 1
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En fysisk person, der ansøger om tilladelse til for egen regning at udøve virksomhed som rejseagent, skal etablere og drive et primært forretningssted i Québec. Sammenslutningen, interessentskabet eller personen, på hvis vegne der ansøges om tilladelse, skal etablere og drive et primært forretningssted i Québec. Et primært forretningssted er et forretningssted, hvori de aktiviteter, som tilladelsens indehaver udfører, primært udføres.
Forbehold I-PT-150
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Cooperatives Act
, C.Q.L.R., c. C-67.2
Regulation under the Cooperatives Act, 
C.Q.L.R., c. C-67.2, r. 1
Beskrivelse:
Investering
1.
Cooperatives Act 
pålægger restriktioner for udstedelse, overdragelse og ejerskab af andele. Medlemsskab af kooperativet er betinget af, at medlemmet faktisk anvender de tjenesteydelser, der udbydes af kooperativet, og af kooperativets evne til at levere dem til den pågældende. 
Cooperatives Act
 fastlægger også, at ethvert medlem af kooperativet eller enhver repræsentant for en juridisk person eller et interessentskab, der er medlem, kan være bestyrelsesmedlem. Et hovedkontor for et kooperativ, et forbund eller en sammenslutning skal altid befinde sig i Québec.
2.
Et kooperativ, et forbund eller en sammenslutning skal sammen med dets medlemmer drive en andel af dets samlede virksomhed i overensstemmelse med en procentdel, der fastsættes ved offentlig regulering. I tilfælde af et solidaritetskooperativ beregnes denne andel separat for de medlemmer, der er brugere af kooperativet, og for dem, der arbejder for kooperativet.
Forbehold I-PT-151
Sektor:
Landbrug, skovbrug og fiskeri
Delsektor:
Produkter fra skovbrug og skovning
Produkter af træ, kork, strå og flettematerialer
Papirmasse, papir og papirvarer
Brancheklassifikation:
CPC 031, 31, 32
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Ministère des Ressources Naturelles et de la Faune
, C.Q.L.R., c. M-25.2
Sustainable Forest Development Act
, C.Q.L.R., c. A-18.1
Beskrivelse:
Investering
1.
Hugst på statens område, herunder biomassemængder, skal forarbejdes fuldstændigt i Québec. Regeringen kan dog på de betingelser, den fastlægger, tillade afsendelse uden for Québec af ufuldstændigt forarbejdet træ fra statens område, hvis det synes at være i modstrid med offentlighedens interesse at gøre andet.
2.
Ministeren kan træffe foranstaltninger til udvikling af landarealer eller skovressourcer på statens område, der hører under vedkommendes beføjelse, med henblik på at fremme regional udvikling eller gennemføre enhver anden relateret politik.
Forbehold I-PT-152
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Hestevæddeløb
Brancheklassifikation:
CPC 02113, 96492
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting racing
, C.Q.L.R., c. C-72.1
Rules respecting the breeding of Québec Standardbred race horses
, C.Q.L.R., c. C-72.1, r. 6
Rules respecting Certification
, C.Q.L.R., c. C-72.1, r. 1
Rules respecting betting houses
, CQLR, c. C-72.1, r. 8
Rules respecting Standardbred horse racing
, C.Q.L.R., c. C-72.1, r. 3
Regulation respecting betting horses, C.
Q.L.R., c. C-72.1, r.7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kun en canadisk statsborger kan ansøge om en tilladelse til at drive en væddeløbsbane, afholde væddeløb eller drive en bookmakerforretning.
2.
En person, der ansøger om registrering af en hingst af racen amerikansk traver hos 
Régie des alcools, des courses et des jeux
 (»RACJ«), skal være bosiddende i Québec i mindst 183 dage.
3.
Kun en væddeløbshest fra Québec som defineret i 
Rules respecting the breeding of Québec Standardbred race horses
 kan være berettiget til en rettighed eller en fordel.
Forbehold I-PT-153
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Société des loteries du Québec
, C.Q.L.R., c. S-13.1
An Act respecting the Régie des alcools des courses et des jeux, 
C.Q.L.R. chapter R-6.1
An Act respecting lotteries, publicity contests and amusement machines
, C.Q.L.R., c. L-6
Lottery Scheme Rules
, C.Q.L.R., c. L-6, r. 12
Rules respecting amusement machines
, C.Q.L.R., c. L-6, r. 2
Rules respecting publicity contests
, C.Q.L.R., c. L-6, r. 6
Rules respecting video lottery machines
, C.Q.L.R., c. L-6, r. 3
Bingo Rules
, C.Q.L.R., c. L-6, r. 5
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
En person, der ansøger om en tilladelse til at drive et lotterisystem, skal være canadisk statsborger eller i tilfælde af en virksomhed eller et selskab have et kontor i Québec.
2.
En person, der ønsker at opnå en bevilling som spillemaskineoperatør eller -forhandler, skal være canadisk statsborger, og i tilfælde af et selskab have sit hjemsted eller sit primære forretningssted i Canada og have et kontor i Québec.
3.
Med hensyn til videospillemaskiner, der drives et andet sted end på et offentligt ejet kasino, kan 
Régie des alcools, des courses et des jeux
 (»RACJ«) tage canadisk statsborgerskab eller bopæl i betragtning, når der udarbejdes regler til fastlæggelse af betingelserne for opnåelse af foreskrevne bevillinger samt driftsstandarder, restriktioner og forbud. RACJ kan fastlægge betingelser for spillerdeltagelse eller standarder, restriktioner eller forbud relateret til promovering, annoncering eller undervisningsprogrammer vedrørende videospillemaskiner, som kan gælde helt eller delvist for enkelte kategorier af personer.
4.
Med hensyn til bingospil skal projekter, for hvilke en velgørende eller religiøs organisation ansøger om en tilladelse til at afholde bingospil enten i en hal, i forbindelse med et medie eller i fritidsøjemed, udføres fuldstændigt i Québec. Personer eller virksomheder, der ansøger om en tilladelse til at afholde bingospil, skal have et forretningssted i Québec.
5.
Ingen person må være medlem af bestyrelsen, medmindre vedkommende er bosat i Québec.
Forbehold I-PT-154
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel
Drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Société des alcools du Québec
, C.Q.L.R., c. S-13
Regulation respecting cider and other apple
-
based alcoholic beverages
, C.Q.L.R., c. S-13, r. 4
Regulation respecting wine and other alcoholic beverages made or bottled by holders of a wine maker's permit
, C.Q.L.R., c. S-13, r. 7
Regulation respecting alcoholic beverages made and bottled by holders of a distiller's permit
, C.Q.L.R., c. S-13, r. 3
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit
, C.Q.L.R., c. S-13, r. 6
An Act respecting offences relating to alcoholic beverages
, C.Q.L.R., c. I-8.1
An Act respecting liquor permits, 
C.Q.L.R., c. P-9.1
Regulation respecting liquor permits, 
C.Q.L.R., c. P-9.1, r. 5
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Société des alcools du Québec
 drives som et monopol med ansvar for import, distribution, levering, transport, salg, handel og markedsføring af alkoholiske drikkevarer.
2.
Ingen person må være medlem af bestyrelsen, medmindre vedkommende er bosat i Québec.
Forbehold I-PT-155
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel
Drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Société des alcools du Québec
, C.Q.L.R., c. S-13
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit
, C.Q.L.R., c. S-13, r. 6
An Act respecting offences relating to alcoholic beverages
, C.Q.L.R., c. I-8.1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kun personer, som ejer et forretningssted i Québec, kan opnå en tilladelse som øldistributør, brygger, destillatør, vinproducent, ciderproducent eller en tilladelse til at drive et lager og til produktion i mindre målestok eller til at producere øl i mindre målestok.
2.
Indehavere af en tilladelse som destillatør må kun sælge de produkter, de producerer eller tapper, til 
Société des alcools du Québec
 (»SAQ«), medmindre de afsender sådanne produkter uden for Québec.
3.
Indehavere af en tilladelse til produktion i mindre målestok må sælge de alkoholiske drikkevarer, de producerer, på deres produktionssteder.
Forbehold I-PT-156
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel
Drikkevarer
Hotel- og restaurationsvirksomhed
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107, 641, 642, 643
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting liquor permits, 
C.Q.L.R., c. P-9.1
Regulation respecting liquor permits
, C.Q.L.R., c. P-9.1, r. 5
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit
, C.Q.L.R., c. S-13, r. 6
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
For at opnå en spiritusbevilling i henhold til 
Act respecting liquor permits
 skal personer, der ikke er canadiske statsborgere, have været bosiddende i Québec som personer med fast bopæl i Canada, medmindre de ansøger om en bevilling til salg af alkohol ved en sammenkomst eller en såkaldt »Man and His World«-bevilling som autoriserede repræsentanter for en regering, et land, en provins eller en stat.
2.
Virksomheder eller selskaber, der ikke er noteret på en canadisk børs, kan kun få en bevilling til at sælge alkohol, hvis alle deres interessenter eller bestyrelsesmedlemmer og indehavere af andele med ti procent eller mere med fuld stemmeret, er canadiske statsborgere eller har været bosiddende i Québec som personer med fast bopæl i Canada.
3.
For visse produktkategorier udføres markedsføring af indehavere af en købmandsbevilling, der udstedes af 
Régie des alcools, des courses et des jeux
 (»RACJ«). Købmænd skal købe autoriserede alkoholiske drikkevarer af en autoriseret distributør.
4.
Ansøgere af spiritusbevillinger, som ikke er canadiske statsborgere, skal dokumentere, at de har boet i Québec mindst et år. Hvis en ansøger er en virksomhed eller et selskab, der ikke er noteret på en canadisk børs, skal den pågældende for hver af sine interessenter eller bestyrelsesmedlemmer og selskabsdeltagere, der ejer 10 procent eller mere med fuld stemmeret, og som ikke er canadiske statsborgere, dokumentere, at de har boet i Québec mindst et år.
5.
Den person, som på vegne af en indehaver af en bevilling, der tillader salg eller servering af alkoholiske drikkevarer til indtagelse på en lokalitet, har fået til opgave at lede forretningsstedet, skal have et canadisk socialforsikringsnummer.
6.
For så vidt angår bevillinger til salg af alkohol ved en sammenkomst, skal nonprofit-selskabet have et forretningssted i Québec, når provenuet fra et arrangement skal anvendes i forbindelse med et nonprofit-selskab, der ikke er bevillingsansøgeren.
Forbehold I-PT-157
Sektor:
Energi
Delsektor:
Elektricitet
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 171, 887
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act Respecting the Régie de l'énergie
, C.Q.L.R., c. R-6.01
Hydro
-
Québec Act, 
C.Q.L.R., c. H-5
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Québec kan (herunder gennem 
Régie de l'énergie
 og Hydro Québec) fastsætte, bestemme og ændre takster, tariffer, priser og andre betingelser med relation til produktion, køb, transport, transmission, forsyning, distribution og salg af elektrisk energi.
2.
Uden at den generelle karakter af ovenstående dermed indskrænkes, kan disse foranstaltninger indbefatte skønsmæssige beslutninger på grundlag af forskellige faktorer, pålæg af præstationskrav eller forskelsbehandling til fordel for personer hjemmehørende i Québec eller enheder, der er etableret i overensstemmelse med lovene i Canada eller en provins eller et territorium deri, og som har et forretningssted eller væsentlige forretningsaktiviteter i Québec.
Forbehold I-PT-158
Sektor:
Energi
Delsektor:
Elektricitet
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 171, 887
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the exportation of electric power
, C.Q.L.R., c. E-23
An Act Respecting the Régie de l'énergie
, C.Q.L.R, c. R-6.01
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Hydro-Québec, kommunale elektriske energisystemer og private elektriske energisystemer er indehavere af enerettigheder til distribution af elektrisk energi.
2.
Eksport af elektrisk energi fra Québec er forbudt. 
Gouvernement du Québec
 kan ikke desto mindre efter anordning og på de betingelser og i de tilfælde, den fastlægger, godkende en kontrakt om eksport af elektrisk energi fra Québec.
3.
Kontrakter vedrørende eksport af elektrisk energi gennem Hydro-Québec, herunder gennemledning i henhold til en tjenesteydelseskontrakt for transport, skal forelægges regeringen med henblik på godkendelse i de tilfælde, der fastlægges af regeringen, og er underlagt sådanne betingelser, som regeringen måtte fastlægge i den forbindelse.
Forbehold I-PT-159
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom, som involverer egen eller leaset ejendom
Tjenesteydelser i forbindelse med fast ejendom på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 821, 822
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Real Estate Brokerage Act
, C.Q.L.R., c. C-73.2
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Real Estate Brokerage Act
 pålægger krav om bopæl for mæglere og deres kontorer. Af den grund skal en mægler have et forretningssted i Québec. I tilfælde af en mægler, der handler på vegne af et kontor, er mæglerens forretningssted kontorets forretningssted. Et kontor skal have et forretningssted i Québec.
Forbehold, der gælder i Saskatchewan
Forbehold I-PT-160
Sektor:
Handel med samt vedligeholdelse og reparation af motorkøretøjer og motorcykler
Delsektor:
Engroshandel
Detailhandel med motorkøretøjer, herunder automobiler og andre vejkøretøjer
Brancheklassifikation:
CPC 61111, 61112
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Motor Dealers Act
, R.S.S. 1978, c. M-22
The Motor Dealers Regulations
, R.R.S. c. M-22 Reg. 1
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der må ikke tildeles nogen tilladelse som motorkøretøjsforhandler, medmindre ansøgeren til tilladelsen har et forretningssted i provinsen, der kan godkendes af registratoren, og hvorfra vedkommende udøver sin virksomhed eller en del af sin virksomhed som forhandler.
Forbehold I-PT-161
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 882
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Fisheries Act (Saskatchewan), 1994
, c. F-16.1
The Fisheries Regulations
, c. F-16.1 Reg. 1
Commercial Fishing Licensee Eligibility Requirements, Policy Number 3420.02
Commercial Fishing Co-operatives, Policy Number F & W 2003.2
Commercial Net Fishing Licence Eligibility Requirements Guidelines
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun en person, der er hjemmehørende i Saskatchewan, kan få en kommerciel fiskeritilladelse. Tilladelser kan begrænses til personer, der er hjemmehørende i regionen for et lokalt fiskeri.
Forbehold I-PT-162
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Legal Profession Act, 1990
, S.S. 1990-91, c. L-10.1
Regler fra Law Society of Saskatchewan
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kun canadiske statsborgere eller personer med fast bopæl i Canada kan blive medlemmer af Law Society of Saskatchewan som jurastudent eller advokat. Kun medlemmer af Law Society of Saskatchewan, der er indehavere af en bestående tilladelse til at udøve advokatvirksomhed, kan udøve en sådan i Saskatchewan.
2.
En person, der har været beskæftiget med aktiv udøvelse af advokatvirksomhed i en anden jurisdiktion i Canada, kan på visse betingelser optages som medlem, uden at de normale krav er opfyldt. Medlemsskab for personer med lejlighedsvis tilstedeværelse er kun muligt for personer, der er canadiske statsborgere, eller personer med fast bopæl i Canada, og som er kvalificeret til at udøve advokatvirksomhed i en anden jurisdiktion i Canada.
Forbehold I-PT-163
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Notaries Public Act
, R.S.S. 1978, c. N-8
The Commissioners for Oaths Act
, R.S.S. 1978, c. C-16
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kun canadiske statsborgere, der er bosiddende i Saskatchewan, kan blive udnævnt til notarius publicus for Saskatchewan.
2.
Kun canadiske statsborgere kan blive udnævnt som kommissær for edsaflæggelser (commissioner of oaths) i og for Saskatchewan.
Forbehold I-PT-164
Sektor:
Turisme
Delsektor:
Andet — tjenesteydelser i forbindelse med jagt
Tjenesteydelser i forbindelse med fiskeri
Turistguidebureauer
Jagt for privatpersoner
Brancheklassifikation:
CPC 7472, 8813, 8820, 96419
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Wildlife Act, 1998
, S.S. c. W-13.12
The Wildlife Regulations
, c. W13.1 Reg. 1
The Outfitter and Guide Regulations, 2004
, c. N-3.1 Reg. 3
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
En person, der ønsker at være indehaver af en tilladelse til at drive outfittervirksomhed, skal være hjemmehørende i Saskatchewan og have et hovedkontor i Saskatchewan.
Forbehold I-PT-165
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom, som involverer egen eller leaset ejendom
Tjenesteydelser i forbindelse med fast ejendom på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 8210, 822
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Real Estate Act
, S.S. 1995, c. R-1.3
Politikker og vedtægter fra Real Estate Commission
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En mæglervirksomhed og en person, der benævnes i et registreringscertifikat som mæglervirksomhed, skal have kontor i Saskatchewan og forvaltningskonti i et finansieringsinstitut i Saskatchewan med henblik på indsættelse af alle pengebeløb, der modtages i forbindelse med handel med fast ejendom.
Forbehold I-PT-166
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med jagt
Turistguidebureauer
Jagt for privatpersoner
Brancheklassifikation:
CPC 7472, 8813, 96419
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Wildlife Act, 1998
, S.S. c. W-13.12
The Wildlife Regulations
, c. W13.1 Reg. 1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
En indehaver af en pelstilladelse skal være hjemmehørende i Saskatchewan.
2.
Ved en hjemmehørende person i Saskatchewan forstås en person, der er hjemmehørende i Canada, som har en primær bopæl i Saskatchewan og har været bosiddende i provinsen i tre måneder forud for datoen for ansøgningen om en tilladelse.
Forbehold I-PT-167
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Alcohol and Gaming Regulation Act
, S.S. 1997, c. A-18.011
Politik fra Saskatchewan Liquor and Gaming Authority
The Slot Machine Act
, R.S.S. 1978, c. S-50
The Saskatchewan Gaming Corporation Act
, S.S. 1994, c. S-18.2
The Interprovincial Lotteries Act, 1984
, S.S. 1983-84, c. I-12.01
Beskrivelse:
Investering
Kun spilleudstyr, herunder videospillemaskiner og spillemaskiner, der ejes eller leases af regeringen i Saskatchewan, må drives i Saskatchewan.
Forbehold I-PT-168
Sektor:
Transport
Delsektor:
Passagerbefordring
Passagerbefordring med bus, fjerntrafik i rutefart
Busser, chartrede busser samt tur- og rundtursbusser, ikke i rutefart
Brancheklassifikation:
CPC 71213, 71222, 71223
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Traffic Safety Act
, S.S. 2004, c. T-18.1
The Operating Authority Regulations, 1990
, c. M-21.2 Reg. 1
Politikker fra Highway Safety Board
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Personer, der driver en virksomhed med køretøjer, der anvendes i forretnings- eller virksomhedsøjemed til hyremæssig befordring af passagerer inden eller uden for provinsen, skal have en driftstilladelse (Operating Authority Certificate).
2.
I forbindelse med behandlingen af en ansøgning om en driftstilladelse eller om en ændring heraf kan Highway Safety Board overveje, om det planlagte forehavende vil medføre, at offentlig virksomhed vil blive fremmet.
3.
Offentlig virksomhed kan måles gennem en undersøgelse af offentlige hensyn og behov, som indbefatter:
a)
undersøgelse af, om de nuværende serviceniveauer er tilstrækkelige
b)
markedsbetingelser, der skaber grundlag for kravet om udvidet service
c)
nytilkomnes indflydelse på offentlige hensyn, herunder servicekontinuiteten og -kvaliteten og
d)
ansøgerens egnethed, villighed og evne til at yde passende service.
Forbehold I-PT-169
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Business Corporations Act
, R.S.S. 1978, c. B-10
Særlove fra den lovgivende forsamling i Saskatchewan, hvorved der oprettes juridiske personer
Beskrivelse:
Investering
1.
Mindst 25 procent af bestyrelsesmedlemmerne i et selskab skal være hjemmehørende canadiere (som f.eks. canadiske statsborgere eller personer med fast bopæl), men hvis et selskab har færre end fire bestyrelsesmedlemmer, skal mindst ét bestyrelsesmedlem være hjemmehørende canadier.
2.
Hvis ingen af bestyrelsesmedlemmerne i et selskab er bosiddende i Saskatchewan, skal selskabet udnævne en befuldmægtiget i henhold til loven, som hvis selskabet var et selskab uden for provinsen.
3.
Bestyrelsesmedlemmer i et selskab kan blandt sine medlemmer udnævne en administrerende direktør, som er hjemmehørende canadier, eller et udvalg af bestyrelsesmedlemmer og overdrage bestyrelsesmedlemmernes beføjelser til en sådan administrerende direktør eller et sådant udvalg.
4.
Hvis bestyrelsesmedlemmerne i et selskab udnævner et udvalg af bestyrelsesmedlemmer, skal mindst 25 procent af udvalget være hjemmehørende canadiere.
5.
Der kan pålægges restriktioner for overdragelse og ejerskab af andele i selskaber. Formålet er at gøre det muligt for selskaber at opfylde canadiske krav i forbindelse med ejerskab i henhold til visse love på føderalt niveau og på provinsniveau i sektorer, hvor der kræves ejerskab som en betingelse for drift eller for at få bevillinger, tilladelser, tildelinger, betalinger eller andre fordele. Med henblik på at opretholde et bestemt niveau for canadisk ejerskab må et selskab sælge selskabsdeltagernes andele uden samtykke fra disse selskabsdeltagere og købe dets egne andele på det frie marked.
Forbehold I-PT-170
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Co
-
operatives Act, 1996
, S.S. 1998, c. C-37.3
Særlove fra den lovgivende forsamling i Saskatchewan, hvorved der oprettes juridiske personer
Praksis og politik fra registratoren for kooperativer
Beskrivelse:
Investering
1.
Et kooperativ skal have et registreret kontor i Saskatchewan.
2.
Medlemsskab kan være begrænset til canadiere, der er hjemmehørende i Saskatchewan.
3.
Der skal være mindst fem bestyrelsesmedlemmer, og flertallet af bestyrelsesmedlemmerne skal være hjemmehørende i Canada. Bestyrelsesmedlemmer udnævnes blandt kooperativets medlemskreds.
4.
Registratoren kan begrænse de virksomhedsområder, som et kooperativ må beskæftige sig med i provinsen.
Forbehold I-PT-171
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Non
-
profit Corporations Act
, S.S. 1995, c. N-4.2
Særlove fra den lovgivende forsamling i Saskatchewan, hvorved der oprettes juridiske personer
Beskrivelse:
Investering
1.
Mindst et bestyrelsesmedlem i et selskab skal være bosiddende i Saskatchewan.
2.
Mindst 25 procent af bestyrelsesmedlemmerne i et selskab skal være hjemmehørende canadiere (som f.eks. canadiske statsborgere), men hvis et selskab har færre end fire bestyrelsesmedlemmer, skal mindst et bestyrelsesmedlem være hjemmehørende canadier.
3.
Bestyrelsesmedlemmer i et velgørenhedsselskab må ikke behandle sager på et møde mellem bestyrelsesmedlemmer, medmindre et flertal af bestyrelsesmedlemmerne er hjemmehørende canadiere.
4.
Bestyrelsesmedlemmer i et selskab kan blandt sine medlemmer udnævne en administrerende direktør, som er hjemmehørende canadier, eller et udvalg af bestyrelsesmedlemmer og overdrage bestyrelsesmedlemmernes beføjelser til en sådan administrerende direktør eller et sådant udvalg Hvis bestyrelsesmedlemmerne i et selskab udnævner et udvalg af bestyrelsesmedlemmer, skal et flertal af udvalgets medlemmer være hjemmehørende canadiere.
Forbehold I-PT-172
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Labour
-
sponsored Venture Capital Corporations Act
, S.S. 1986, c. L-0.2
The Labour
-
sponsored Venture Capital Corporations Regulations
, R.R.S. c. L-0.2 Reg 1
Beskrivelse:
Investering
1.
Et arbejdstagersponsoreret venturekapitalselskab skal hovedsageligt investere provenuet fra udstedelsen af andele i de berettigede virksomheders kapitalandele. For at være berettiget skal en virksomhed beskæftige højest 500 ansatte i Saskatchewan og betale mindst 25 procent af sine lønninger til personer, der er hjemmehørende i Saskatchewan.
2.
Skattefradrag er begrænset til personer, der har pligt til at betale indkomstskat til provinsen Saskatchewan og føderal indkomstskat.
Forbehold I-PT-173
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Community Bonds Act
, S.S. 1990-91, c. C-16.1
Beskrivelse:
Investering
Bestyrelsesmedlemmer i det foreslåede selskab i lokalområdet, der udsteder obligationer, skal være hjemmehørende i Saskatchewan.
Forbehold I-PT-174
Sektor:
Landbrug
Delsektor:
Landbrugsjord
Landbrugsprodukter
Levende dyr og animalske produkter
Brancheklassifikation:
CPC 01, 02, 531
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Saskatchewan Farm Security Act
, S.S. 1988-89, c. S-17.1
Crown Land Lease Policy (93-10-01)
Community Pasture Policy (93-12-01)
Beskrivelse:
Investering
1.
Kun for hjemmehørende canadiere og landbrugsselskaber stiftet i Canada findes der ingen grænser med hensyn til de landbrugsejendomme, de kan eje, direkte eller indirekte kontrollere eller på anden vis disponere over.
2.
En »hjemmehørende person« betyder en person, der:
a)
er bosiddende i Canada i mindst 183 dage hvert år, eller
b)
er canadisk statsborger.
3.
Ikke-hjemmehørende canadiere og selskaber uden for landbrugssektoren må ikke have eller anskaffe en landbrugsejendom, der i alt overstiger ti acres, og er begrænset under hensyn til de betingelser, i henhold til hvilke de må eje, direkte eller indirekte kontrollere eller på anden vis disponere over landbrugsejendomme i Saskatchewan.
4.
Ikke-hjemmehørende personer må ikke anskaffe en rettighed over fast ejendom ved at deltage i kommanditselskaber.
5.
Husdyrproducenter skal være canadiske statsborgere eller personer med fast bopæl og aktivt drive eller forvalte et landbrug samt kontrollere et areal i Saskatchewan for at kunne lease græsningsarealer.
Forbehold I-PT-175
Sektor:
Landbrug
Delsektor:
Landbrug, minedrift og fremstilling
Tjenesteydelser i forbindelse med landbrug
Produktions- og distributionstjenester
Brancheklassifikation:
CPC 0291, 0292, 02122, 22, 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale)
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Agri
-
Food Act
, S.S. 2004, c. A-15.21
The Broiler Hatching Egg Marketing Plan Regulations, 1985
, c. N-3, Reg. 1
The Commercial Egg Marketing Plan Regulations, 2006
, c. A-15.21, Reg. 2
The Milk Marketing Plan Regulations, 2010
, c. A-15.21, Reg. 12
The Saskatchewan Chicken Marketing Plan, 1978
, S.R. 387/78
The Saskatchewan Turkey Producers' Marketing Plan, 1975
, S.R. 275/75
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Producenterne skal være i besiddelse af en tilladelse til at producere eller markedsføre: slagtekyllinger (rugeæg) kyllinger, handelsæg, mælk og kalkuner. Kun producenter med tilladelse kan eje og producere de råvarer, der er knyttet til hver kvotetype. Produkter, der produceres i henhold til den kvote, skal produceres i Saskatchewan.
Forbehold, der gælder i Yukon
Forbehold I-PT-176
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Præstationskrav
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Income Tax Act
, R.S.Y. 2002, c. 118
Beskrivelse:
Investering
1.
I henhold til 
Yukon Income Tax Act
 ydes der et skattefradrag for investering i små virksomheder i Yukon på 25 procent af det anskaffede andelsbeløb til personer hjemmehørende i Yukon, der investerer i berettigede handelsselskaber. Yukon afsætter årligt 1 000 000  CAD til fordeling efter først til mølle-princippet.
2.
Berettigede små handelsselskaber skal opfylde visse kriterier, herunder have et fast forretningssted i Yukon, have mindst 50 procent af sine aktiver i Yukon og betale mindst 50 procent af sine lønninger i Yukon.
Forbehold I-PT-177
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Legal Profession Act
, R.S.Y. 2002, c. 134
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Følgende personer er kvalificeret til at ansøge om adgang til Law Society of Yukon og om optagelse som medlemmer med henblik på udøvelse af virksomhed inden for national ret:
a)
en person, der på behørig vis har fået advokatbeskikkelse i en provins eller har fået adgang til at virke som befuldmægtiget eller advokat (barrister eller solicitor) i en provins, eller
b)
en person, der har gennemført 12 måneders tjeneste i Yukon som jurastudent og er blevet godkendt af ledelsen af Law Society of Yukon.
Forbehold I-PT-178
Sektor:
Forretningstjenesteydelser
Delsektor:
Notarius publicus
Brancheklassifikation:
CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Notaries Act
, R.S.Y. 2002, c. 158
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Enhver person, der ønsker at blive registreret som notarius publicus, skal være canadisk statsborger eller have status som person med fast bopæl i Canada.
Forbehold I-PT-179
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom, som involverer egen eller leaset ejendom
Tjenesteydelser i forbindelse med fast ejendom på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 821, 822
Forbeholdstype:
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Real Estate Agents Act
, R.S.Y. 2002, c. 188
Regulation
, O.I.C., 1977/158, 1981/14, og 1990/136
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ansøgere, der ønsker at blive ejendomsmæglere, skal:
a)
være hjemmehørende i Yukon i en periode på mindst tre måneder umiddelbart forud for ansøgningsdatoen og
b)
have haft tilladelse som sælger i Yukon i mindst et år forud for indgivelsen af en ansøgning.
Forbehold I-PT-180
Sektor:
Rejsebureau-, turoperatør- og turistguidevirksomhed
Delsektor:
Turistguidevirksomhed
Brancheklassifikation:
CPC 7472
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Wilderness Tourism Licensing Act
, R.S.Y. 2002, c. 228
General Regulation, 
O.I.C. 1999/69
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Der er givet et begrænset antal bevillinger til området Glacier Bay National Park and Preserve. Bevillingerne til Yukon fordeles med fortrinsret til personer hjemmehørende i Yukon.
2.
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer i forbindelse med vildmarksturisme. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
b)
for at begrænse markedsadgang og
c)
for at begunstige canadiske personer eller canadiske tjenesteydere.
Forbehold I-PT-181
Sektor:
Turisme
Delsektor:
Tjenesteydelser i forbindelse med jagt, fældefangst, outfitting og turistguider
Brancheklassifikation:
CPC 8813, 7472, 96419
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Wildlife Act
, R.S.Y. 2002, c. 229
Wildlife Regulations
, O.I.C. 2012/84
Trapping Regulation
, O.I.C. 1982/283
Parks and Land Certainty Act
, R.S.Y. 2002, c. 165
Hershel Island Park Regulation
, O.I.C. 1990/038
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Ansøgere til koncessioner vedrørende outfitting, fældefangst og tilladelser til vildmarkturisme skal være canadiske statsborgere eller være personer med fast bopæl, der normalt er bosiddende i Canada. Outfittere skal være i Yukon i den periode, hvor personer er på jagt i den pågældendes koncessionsområde.
2.
Et outfittingcertifikat er en årlig tilladelse, der giver indehaveren ret til at drive virksomhed inden for outfitting i henhold til en specifik koncession vedrørende outfitting. Et certifikat i forbindelse med outfitting udstedes til en person, der er indehaver af en koncession, eller efter ønske til et berettiget selskab, der udpeges af outfitteren. Selskabet kan derefter tilbyde at levere tjenesteydelser som jagtguider. Tilladelser som hjælper i forbindelse med fældefangst og koncessioner til fældefangst udstedes kun til personer hjemmehørende i Yukon.
3.
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til turisme, herunder tjenesteydelser i forbindelse med jagt, fældefangst, outfitting og turistguider. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
b)
for at begrænse markedsadgang og
c)
for at begunstige canadiske personer eller canadiske tjenesteydere.
Forbehold I-PT-182
Sektor:
Tjenesteydelser i forbindelse med landbrug, jagt og skovbrug
Delsektor:
Rå huder, skind og pelsskind
Tjenesteydelser i forbindelse med husdyravl
Tjenesteydelser i forbindelse med jagt
Brancheklassifikation:
CPC 0297, 8812, 8813
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Wildlife Act
, R.S.Y. 2002, c. 229
Wildlife Regulations
, O.I.C. 2012/84
Trapping Regulations
, O.I.C. 1982/283
Game Farm Regulations
, O.I.C. 1995/15
Yukon Environmental and Socio
-
Economic Assessment Act
, S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Der kræves tilladelse, for at en person kan drive en pelsdyrfarm i Yukon. Kun personer hjemmehørende i Yukon kan få en tilladelse. Der er tale om bopæl, når man har været bosiddende i Yukon i et år i overensstemmelse med 
Wildlife Act
.
2.
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til landbrug, herunder rå huder, skind og pelsskind, tjenesteydelser i forbindelse med husdyravl og tjenesteydelser i forbindelse med jagt. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
b)
for at begrænse markedsadgang og
c)
for at begunstige canadiske personer eller canadiske tjenesteydere.
Reservation I-PT-183
Sektor:
Jord
Delsektor:
Landbrugsjord, skove og andre træbevoksede områder
Brancheklassifikation:
CPC 531, 8811 (bortset fra leje af udstyr med betjeningspersonale), 8812
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Lands Titles Act
, R.S.Y. 2002, c. 130
Lands Act, 
R.S.Y. 2002, c. 132
Lands Regulation, 
O.I.C. 1983/192
Lands Act
 — 
Regulation to Amend the Lands Regulation, 
O.I.C. 2012/159
Landbrugspolitik i Yukon
Yukon Environmental and Socio
-
Economic Assessment Act, 
S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Ansøgere i form af selskaber, der ansøger om anvendelse af landbrugsjord, skal være stiftet i Canada eller Yukon, og hovedandelshaverne skal være canadiske statsborgere eller personer med fast bopæl, som har været bosiddende uafbrudt et år i Yukon.
2.
For at kunne ansøge om anvendelse af landbrugsjord skal en forening være registreret i Yukon, og dens ledelse skal være canadiske statsborgere eller personer med fast bopæl, og de skal have været bosiddende uafbrudt et år i Yukon.
3.
Et flertal af medlemmerne i en landbrugssammenslutning eller ansøgere i form af kooperativer skal være hjemmehørende i Yukon.
4.
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til landbrug, herunder landbrugsjord, skove og andre træbevoksede områder. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
b)
for at pålægge præstationskrav
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-184
Sektor:
Jord
Delsektor:
Landbrugsjord, skove og andre træbevoksede områder
Brancheklassifikation:
CPC 8811 (bortset fra leje af landbrugsudstyr med betjeningspersonale), 8812, 531
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Land Titles Act, 
R.S.Y. 2002, c. 130
Lands Act, 
R.S.Y. 2002, c. 132
Lands Regulation, 
O.I.C. 1983/192
Lands Act
 — 
Regulation to Amend the Lands Regulation, 
O.I.C. 2012/159
Grazing Regulations, 
O.I.C. 1988/171
Politik vedrørende græsning i Yukon
Yukon Environmental and Socio
-
Economic Assessment Act, 
S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
For at kunne ansøge om en græsningsaftale:
a)
skal de enkelte ansøgere være canadiske statsborgere eller have status som personer med fast bopæl og have været bosiddende i Yukon et år før indgivelsen af ansøgningen
b)
skal ansøgere i form af selskaber have et flertal af de andele, der ejes af personer hjemmehørende i Yukon, eller
c)
flertallet af medlemmerne i en landbrugssammenslutning eller ansøgere i form af kooperativer skal være hjemmehørende i Yukon.
2.
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til landbrug, herunder tjenesteydelser i forbindelse med landbrug, tjenesteydelser i forbindelse med husdyravl, landbrugsjord, skove og andre træbevoksede områder samt leasingkontrakter og tilladelser i forbindelse med statsjord (»Crown land«). Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-185
Sektor:
Produkter fra landbrug, skovbrug og fiskeri
Delsektor:
Produktion, omdannelse og transport af landbrugsprodukter
Fødevarer og produkter fra havet
Tjenesteydelser i forbindelse med fiskeri
Tjenesteydelser i forbindelse med landbrug, skovbrug og jagt
Brancheklassifikation:
CPC 01, 02, 04, 531, 881 (bortset fra leje af landbrugsudstyr med betjeningspersonale og 8814), 882
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Agricultural Products Act, 
R.S.Y. 2002, c. 3
Meat Inspection and Abattoir Regulations, 
O.I.C. 1988/104
Yukon Agricultural Policy
Yukon Environmental and Socio
-
Economic Assessment Act, 
S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til landbrug, herunder produktion, markedsføring, omdannelse og transport af landbrugsprodukter, fødevarer og produkter fra havet samt tjenesteydelser i forbindelse med fiskeri. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller ophold for den øverste ledelse og bestyrelser.
Forbehold I-PT-186
Sektor:
Produkter fra landbrug, skovbrug og fiskeri
Delsektor:
Landbrugsjord, skove og andre træbevoksede områder
Produkter fra skovbrug og skovning
Brancheklassifikation:
CPC 03, 531
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Forest Resources Act
, S.Y. 2008, c. 15
Forest Resources Regulation, 
O.I.C. 2010/171
Yukon Environmental and Socio
-
Economic Assessment Act, 
S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til skovbrug, herunder landbrugsjord, skove og andre træbevoksede områder samt produkter fra skovbrug og skovning. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-187
Sektor:
Energi
Delsektor:
Elektrisk energi
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 171, 713, 887
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Waters Act
, S.Y. 2003, c. 19
Waters Regulation
, O.I.C. 2003/58
Environment Act
, R.S.Y. 2002, c. 76
Quartz Mining Act
, S.Y. 2003, c. 14
Quartz Mining Land Use Regulation, 
O.I.C. 2003/64
Security Regulation
, O.I.C. 2007/77
Yukon Environmental and Socio
-
Economic Assessment Act
, S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig ret til at fastsætte og ændre elektricitetstakster.
2.
Til driftsmæssige formål kan Yukon stille enhver facilitet eller ethvert vandkraftsanlæg, som ejes af Yukon eller er under Yukons kontrol, til rådighed for Yukon Development Corporation (eller ethvert datterselskab eller efterfølgende selskab).
3.
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til energi, herunder elektrisk energi samt tjenesteydelser i forbindelse med energidistribution. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-188
Sektor:
Energi
Delsektor:
Produktion, transmission og distribution af elektricitet
Gas, damp og varmt vand
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 171, 713, 887
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Corporate Governance Act
, R.S.Y. 2002, c. 45
Public Utilities Act
, R.S.Y. 2002, c. 186
Yukon Power Corporation Regulations
, O.I.C. 1987/71
Yukon Development Corporation Act
, R.S.Y. 2002, c. 236
Energy Conservation Fund, 
O.I.C. 1997/91
Energy Conservation Fund Use Regulation
, O.I.C. 1998/204
Yukon Environmental and Socio
-
Economic Assessment Act
, S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til energi, herunder produktion, transmission og distribution af elektricitet, gas, damp og varmt vand samt tjenesteydelser i forbindelse med energidistribution. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-189
Sektor:
Transport
Delsektor:
Tjenesteydelser i forbindelse med rørledningstransport
Transport af brændstoffer
Transport af andre varer
Tjenesteydelser i forbindelse med energidistribution
Brancheklassifikation:
CPC 17, 713, 887
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Public Utilities Act
, R.S.Y. 2002, c. 186
Yukon Power Corporation Regulations
, O.I.C. 1987/71
Oil and Gas Act
, R.S.Y. 2002, c. 162
Oil and Gas Pipeline Regulations
Oil and Gas Disposition Regulations
, O.I.C. 1999/147
Oil and Gas Licence Administration Regulations
, O.I.C. 2004/157
Oil and Gas Drilling and Production Regulations
, O.I.C. 2004/158
Oil and Gas Geoscience and Exploration Regulations
, O.I.C. 2004/156
Oil and Gas Royalty Regulations
, O.I.C. 2008/25
Yukon Environmental and Socio
-
Economic Assessment Act, 
S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
1.
Kommissæren i eksekutivrådet (Commissioner in Executive Council) kan udpege ethvert »energiprojekt« (fastlagt til at indbefatte enhver olie- eller gasrørledning) som et »reguleret projekt« og lader ministeren fastlægge vilkår og betingelser med hensyn til projektet. Kommissæren i eksekutivrådet (Commissioner in Executive Council) kan give anvisninger til Yukon Utilities Board om blandt andet forbrugstakster og driften af offentlige forsyningsselskaber.
2.
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til transport, herunder rørledningstransport, transport af brændsler og transport af andre varer samt tjenesteydelser i forbindelse med energidistribution. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-190
Sektor:
Energi
Delsektor:
Olie og gas
Tjenesteydelser i forbindelse med energidistribution
Råolie og naturgas
Tjenesteydelser i forbindelse med rørledningstransport
Brancheklassifikation:
CPC 120, 713, 887
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Canada-Yukon Oil and Gas Accord
Oil and Gas Act, 
R.S.Y. 2002, c. 162
Oil and Gas Pipeline Regulation
Oil and Gas Disposition Regulations
, O.I.C. 1999/147
Oil and Gas Licence Administration Regulations
, O.I.C. 2004/157
Oil and Gas Drilling and Production Regulations
, O.I.C. 2004/158
Oil and Gas Geoscience and Exploration Regulations
, O.I.C. 2004/156
Oil and Gas Royalty Regulations
, O.I.C. 2008/25
Yukon Environmental and Socio
-
Economic Assessment Act, 
S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til energi, herunder olie og gas, tjenesteydelser i forbindelse med energidistribution, råolie og naturgas samt rørledningstransport. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-191
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed
Engroshandel
Detailhandel (spiritus, vin og øl, spiritus-, vin- og ølforretninger)
Fremstilling og transport af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107, 7123 (bortset fra 71231, 71232, 71233, 71234), 8841
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Liquor Act, 
R.S.Y. 2002, c. 140
Liquor Regulations
, O.I.C. 1977/37
Regulations to Amend the Liquor Regulations
, O.I.C. 2010/157, O.I.C. 2012/96
Yukon Act, 
S.C. 2002, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til alkoholiske drikkevarer, herunder engroshandel, detailhandel med fødevarer, spiritus-, vin- og ølforretninger, spiritus, vin og øl, kommissionærers tjenesteydelser, produktion, fremstilling og transport af alkoholiske drikkevarer samt detailhandel. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
b)
for at begunstige canadiske personer eller canadiske tjenesteydere og
c)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-192
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Public Lotteries Act, 
R.S.Y. 2002, c. 179
Lottery Licensing Act
, R.S.Y. 2002, c. 143
Lotteries and Games of Chance Regulations and the Diamond Tooth Gerties Regulations
, O.I.C. 1987/180
Lottery Licensing Act
 — 
Regulation to Amend the Lottery and Games of Chance Regulations
, O.I.C. 2012/102
Slot Machine Management Regulations
, O.I.C. 2205/32
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til spil og væddemål, herunder regulering af tjenesteydelser, leverandører af tjenesteydelser, fremstilling, leverandører af materialer, aktiviteter og reparationer med relation til lotterisystemer, spillemaskiner, videospillemaskiner, hasardspil, væddeløb, bookmakerforretninger, bingospil, kasinoer og salgsfremmende konkurrencer, og til at udføre sådanne aktiviteter, herunder gennem territorialmonopoler. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
Forbehold I-PT-193
Sektor:
Forretningstjenesteydelser
Delsektor:
Veterinære tjenesteydelser i forbindelse med selskabsdyr
Andre veterinære tjenesteydelser
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Animal Protection Act, 
R.S.Y. 2002, c. 6
Animal Health Act, 
R.S.Y. 2002, c. 5
Occupational Training Act, 
R.S.Y. 2002, c. 160
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til veterinære tjenesteydelser i forbindelse med selskabsdyr og andre veterinære tjenesteydelser. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl og
b)
for at begunstige canadiske personer eller canadiske tjenesteydere.
Forbehold I-PT-194
Sektor:
Tjenesteydelser vedrørende forskning og udvikling
Delsektor:
Tjenesteydelser vedrørende forskning og eksperimentel udvikling inden for naturvidenskab og teknologi
Tjenesteydelser vedrørende forskning og eksperimentel udvikling inden for samfundsvidenskab og humanistiske videnskaber
Tjenesteydelser vedrørende tværfaglig forskning og eksperimentel udvikling
Brancheklassifikation:
CPC 851, 852 (kun lingvistik og sprog), f853
Forbeholdstype:
National behandling
Præstationskrav
Øverste ledelse og bestyrelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Scientists and Explorers Act, 
R.S.Y. 2002, c. 200
Historic Resources Act, 
R.S.Y. 2002, c. 109
Archaeological Sites Regulation
, O.I.C. 2003/73
Wildlife Act
, R.S.Y. 2002, c. 229
Wildlife Regulations
, O.I.C. 2012/84
Languages Act, 
R.S.Y. 2002, c. 133
Yukon Environmental and Socio
-
Economic Assessment Act, 
S.C. 2003, c. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
De ovenfor anførte foranstaltninger giver regeringen i Yukon tilladelse til at regulere og udstede forskellige autorisationer med relation til tjenesteydelser vedrørende forskning og udvikling inden for naturvidenskab og teknologi, samfundsvidenskab og humanistiske videnskaber samt tjenesteydelser vedrørende tværfaglig forskning og eksperimentel udvikling. Det kan blandt andet indbefatte, at der træffes foranstaltninger:
a)
for at pålægge præstationskrav
b)
for at begrænse ejerskab på grundlag af statsborgerskab eller bopæl
c)
for at begunstige canadiske personer eller canadiske tjenesteydere og
d)
vedrørende nationalitet eller bopæl for den øverste ledelse og bestyrelser.
EU-partens liste
Forbehold, der gælder i Den Europæiske Union
(gælder i alle EU-medlemsstater, medmindre andet er anført)
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
EU-niveau — Nationalt
Foranstaltninger:
Traktaten om Den Europæiske Unions funktionsmåde
Beskrivelse:
Investering
Alle virksomheder eller firmaer, som er dannet i overensstemmelse med lovgivningen i en EU-medlemsstat og har deres registrerede kontor, centraladministration eller primære forretningssted i EU, herunder dem, som er etableret i EU-medlemsstater af canadiske investorer, er berettiget til at blive behandlet i henhold til artikel 54 i traktaten om Den Europæiske Unions funktionsmåde. En sådan behandling gælder ikke for filialer eller agenturer for virksomheder eller firmaer, der er etableret uden for EU.
Den behandling, der tildeles virksomheder eller firmaer, som er dannet af canadiske investorer i overensstemmelse med lovgivningen i en EU-medlemsstat, og som har deres registrerede kontor, centraladministration eller primære forretningssted i EU, berører ikke eventuelle betingelser eller vilkår, der er i overensstemmelse med kapitel otte (investering), som kan være blevet pålagt sådanne virksomheder eller firmaer, da de blev oprettet i EU, og som fortsat skal gælde.
Sektor:
Tjenesteydelser vedrørende forskning og udvikling
Delsektor:
Tjenesteydelser vedrørende forskning og eksperimentel udvikling inden for naturvidenskab og teknologi, tjenesteydelser vedrørende tværfaglig forskning og eksperimentel udvikling
Brancheklassifikation:
CPC 851, CPC 853
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Alle aktuelle og alle fremtidige EU-rammeprogrammer for forskning og innovation, inklusive alle FP7-regler for deltagelse og bestemmelser vedrørende fælles teknologiinitiativer (FTI'er), art. 185-afgørelser, Rammeprogrammet for Konkurrenceevne og Innovation (CIP) og Det Europæiske Institut for Innovation og Teknologi (EIT) samt alle eksisterende nationale, regionale og lokale forskningsprogrammer.
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
I forbindelse med tjenesteydelser angående offentligt finansieret forskning og udvikling (FoU), der finansieres fra EU på EU-niveau, kan enerettigheder og autorisationer kun tildeles statsborgere i EU-medlemsstater og juridiske personer i EU, der har deres registrerede kontor, centraladministration eller primære forretningssted i EU.
I forbindelse med tjenesteydelser angående offentligt finansieret forskning og udvikling (R&D), der finansieres af en medlemsstat, kan enerettigheder og autorisationer kun tildeles statsborgere i den pågældende EU-medlemsstat og juridiske personer i den pågældende medlemsstat med hovedsæde i den pågældende medlemsstat.
Dette forbehold berører ikke udelukkelse fra udbud af en part, datterselskaber eller regeringsstøtte til handel med tjenesteydelser i henholdsvis artikel 8.15, stk. 5, litra a) og b), og artikel 9.2, stk. 2, litra f) og g).
Sektor:
Sundhedstjenester og sociale tjenester samt undervisningsvirksomhed
Delsektor:
Brancheklassifikation:
CPC 92, CPC 93
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Markedsadgang
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Som anført under elementet 
Beskrivelse
Beskrivelse:
Investering
Alle EU-medlemsstater kan, når de sælger eller afhænder deres kapitalandele eller aktiver i et nuværende statsforetagende eller en nuværende statslig enhed, der yder sociale eller undervisningsmæssige tjenester, forbyde eller pålægge begrænsninger for ejeskabet af sådanne andele eller aktiver og for muligheden for ejerne af sådanne andele og aktiver for at kontrollere et foretagende for investorer i Canada eller i et tredjeland eller deres investeringer. Med hensyn til et sådant salg eller anden afhændelse kan enhver EU-medlemsstat vedtage eller opretholde en foranstaltning med relation til nationalitet for øverste ledelse eller medlemmer af bestyrelsen samt begrænse antallet af leverandører.
I dette forbehold forstås ved:
a)
»nuværende foranstaltning«: en foranstaltning, der opretholdes eller vedtages efter datoen for denne aftales ikrafttræden, og som på tidspunktet for salg eller anden afhændelse forbyder eller pålægger begrænsninger for ejerskabet af kapitalandele eller aktiver eller pålægger et nationalitetskrav eller pålægger begrænsninger i antallet af leverandører, som beskrevet i dette forbehold
b)
»statsforetagende«: et foretagende, der ejes eller kontrolleres af en EU-medlemsstat gennem ejerandele og indbefatter et foretagende, der etableres efter datoen for denne aftales ikrafttræden udelukkende med det formål at sælge eller afhænde kapitalandele eller aktiver i et nuværende statsforetagende eller en nuværende statslig enhed.
Sektor:
Landbrug
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Præstationskrav
Forvaltningsniveau:
EU-niveau
Foranstaltninger:
Rådets forordning (EF) nr. 1234/2007 af 22. oktober 2007 om en fælles markedsordning for landbrugsprodukter og om særlige bestemmelser for visse landbrugsprodukter (fusionsmarkedsordningen).
Beskrivelse:
Investering
De interventionsorganer, der er udpeget af EU-medlemsstaterne, skal opkøbe korn, som er høstet i EU.
Der ydes ingen eksportrestitution på ris, der importeres fra og geneksporteres til Canada eller et tredjeland. Kun risproducenter i EU kan kræve kompensationsbetalinger.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabs- og revisionsvirksomhed
Brancheklassifikation:
CPC 8621
Forbeholdstype:
National behandling
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Europa-Parlamentets og Rådets direktiv 2013/34/EU af 26. juni 2013
 om årsregnskaber, konsoliderede regnskaber og tilhørende beretninger for visse virksomhedsformer, om ændring af Europa-Parlamentets og Rådets direktiv 2006/43/EF og om ophævelse af Rådets direktiv 78/660/EØF og 83/349/EØF
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
De kompetente myndigheder i en EU-medlemsstat kan anerkende en kvalifikationsækvivalens for en revisor, som er statsborger i Canada eller i et tredjeland, med henblik på at godkende denne til at fungere som lovpligtig revisor i EU under forudsætning af gensidighed.
Sektor:
Kommunikationstjenester
Delsektor:
Posttjenester
Brancheklassifikation:
Del CPC 71235, del af CPC 73210, del af 751
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Europa-Parlamentets og Rådets direktiv 97/67/EF af 15. december 1997 om fælles regler for udvikling af Fællesskabets indre marked for posttjenester og forbedring af disse tjenesters kvalitet, som ændret ved direktiv 2002/39/EF og direktiv 2008/06/EF
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
I EU kan organisationen af opstillingen af postkasser på offentlig vej, udstedelsen af frimærker og tilvejebringelsen af rekommanderet posttjeneste, der anvendes i forbindelse med retlige eller administrative procedurer, begrænses i overensstemmelse med national lovgivning.
Der kan etableres licensordninger for disse tjenesteydelser, som er omfattet af den almindelige forsyningspligt. Disse licenser kan være omfattet af en særlig forsyningspligt eller finansielle bidrag til en kompensationsfond.
Sektor:
Transport
Delsektor:
Hjælpetjenester inden for lufttransport
Brancheklassifikation:
Udlejning af luftfartøjer
Forbeholdstype:
CPC 7461, CPC 7469, CPC 83104
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Europa-Parlamentets og Rådets forordning (EF) nr. 1008/2008 af 24. september 2008 om fælles regler for driften af lufttrafiktjenester i Fællesskabet
Rådets Direktiv 96/67/EF af 15. oktober 1996 om adgang til ground handling-markedet i Fællesskabets lufthavne
Europa-Parlamentets og Rådets forordning (EF) nr. 80/2009 af 14. januar 2009 om en adfærdskodeks for edb-reservationssystemer
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Luftfartøjer, som anvendes af luftfartsselskaber i EU, skal være registreret i den EU-medlemsstat, som har givet selskabet autorisation eller, såfremt den EU-medlemsstat, som har givet autorisation, tillader dette, i et andet EU-land. For blive registreret skal luftfartøjet være ejet enten af fysiske personer, som opfylder specifikke nationalitetskriterier, eller af foretagender, som opfylder specifikke kriterier vedrørende kapitalforhold og kontrol.
Et luftfartøj, der er registreret i Canada, kan undtagelsesvis leases af et canadisk luftfartsselskab til et EU-luftfartsselskab, når der foreligger bestemte omstændigheder og for at opfylde EU-luftfartsselskabets særlige behov, sæsonbetonede kapacitetsbehov eller behov for at løse eventuelle driftsvanskeligheder, der ikke på rimelig vis kan opfyldes ved leasing af luftfartøjer, der er registreret i EU, idet dette dog kræver godkendelse for en bestemt periode fra den EU-medlemsstat, der har givet autorisation til EU-luftfartsselskabet.
I forbindelse med groundhandling-tjenesteydelser kan det kræves, at foretagendet befinder sig på EU's territorie. Niveauet for åbenheden af groundhandling-tjenesteydelserne afhænger af lufthavnens størrelse. Antallet af tjenesteydere i hver lufthavn kan være begrænset. I »store lufthavne« må denne begrænsning ikke være på under to tjenesteydere. Det skal bemærkes, at dette ikke påvirker EU's rettigheder og forpligtelser i henhold til lufttransportaftalen mellem Canada og Det Europæiske Fællesskab og dets medlemsstater.
Foretagendet skal befinde sig i EU i forbindelse med lufthavnsdrift. Tjenesteydelser i forbindelse med lufthavnsdrift kan være underlagt individuel koncession eller licens fra offentlige myndigheder. Særlig godkendelse fra den kompetente myndighed kan være krævet for indehaveren af licensen eller koncessionen med henblik på at overdrage driftslicensen eller koncessionen helt eller delvist til en tredjepart.
Med henblik på tjenesteydelser i forbindelse med edb-reservationssystemer (CRS) forholder det sig sådan, at når leverandører af CRS-tjenesteydelser, der opererer uden for EU, ikke giver EU-luftfartselskaber ligeværdig behandling (i betydningen ikke-diskriminerende) i forhold til den, der ydes i EU, eller når ikke-EU-luftfartsselskaber ikke giver EU-leverandører af CRS-tjenesteydelser ligeværdig behandling i forhold til den, der ydes i EU, kan der træffes foranstaltninger til at sikre, at leverandører af CRS-tjenesteydelser, der opererer i EU, giver ligeværdig behandling til ikke-EU-luftfartselskaber, eller at EU-luftfartselskaber giver ligeværdig behandling til leverandører af CRS-tjenesteydelser, der opererer uden for EU.
Sektor:
Transport
Delsektor:
Transport ad indre vandveje
Hjælpetjenesteydelser inden for transport ad indre vandveje
Brancheklassifikation:
CPC 722, del af CPC 745
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
EU-niveau
Foranstaltninger:
Rådets forordning (EØF) nr. 3921/91 af 16. december 1991 om betingelserne for transportvirksomheders adgang til at udføre intern godstransport og personbefordring ad indre vandveje i en medlemsstat, hvor de ikke er hjemmehørende
Rådets forordning (EF) nr. 1356/96 af 8. juli 1996 om indførelse af fælles bestemmelser vedrørende godstransport og personbefordring ad indre vandveje mellem medlemsstaterne med henblik på fri udveksling af tjenesteydelser for denne transport
Rådets forordning (EØF) nr. 2919/85 af 17. oktober 1985 om fastsættelse af betingelserne for adgang til den ordning, der i henhold til den reviderede konvention om sejlads på Rhinen er forbeholdt skibe, der hører til i Rhin-skibsfarten
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Godstransport og personbefordring ad indre vandveje må kun udføres af en operatør, der opfylder følgende krav:
a)
Operatøren er etableret i en EU-medlemsstat.
b)
Operatøren har ret til at udføre (international) godstransport og personbefordring ad indre vandveje.
c)
Operatøren anvender fartøjer, der er registreret i en EU-medlemsstat eller er i besiddelse af et certifikat om medlemsskab af en flåde i en EU-medlemsstat.
Derudover skal fartøjerne ejes af fysiske personer, der er bosatte i en EU-medlemsstat, og som er statsborgere i en EU-medlemsstat, eller ejes af juridiske personer, der er registreret i en EU-medlemsstat, og hvor flertallet er statsborgere i en EU-medlemsstat. Kravet om flertalsejerskab kan undtagelsesvis fraviges.
I Spanien, Sverige og Finland findes der ingen juridisk sondring mellem farvande og indre vandveje. Forordningen om søtransport gælder på lige fod for indre vandveje.
Sektor:
Transport
Delsektor:
Jernbanetransport
Brancheklassifikation:
CPC 711
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Rådets direktiv 95/18/EF af 19. juni 1995 om udstedelse af licenser til jernbanevirksomheder
Europa-Parlamentets og Rådets direktiv 2004/49/EF af 29. april 2004 om jernbanesikkerhed i EU og om ændring af Rådets direktiv 95/18/EF om udstedelse af licenser til jernbanevirksomheder og direktiv 2001/14/EF om tildeling af jernbaneinfrastrukturkapacitet og opkrævning af afgifter for brug af jernbaneinfrastruktur samt sikkerhedscertificering (jernbanesikkerhedsdirektivet)
Rådets direktiv 2006/103/EF af 20. november 2006 om tilpasning af visse direktiver vedrørende transportpolitik på grund af Bulgariens og Rumæniens tiltrædelse
Europa-Parlamentets og Rådets direktiv 2007/58/EF af 23. oktober 2007 om ændring af Rådets direktiv 91/440/EØF om udvikling af Fællesskabets jernbaner og direktiv 2001/14/EF om tildeling af jernbaneinfrastrukturkapacitet og opkrævning af afgifter for brug af jernbaneinfrastruktur
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En jernbanetransporttjenesteydelse kræver en licens, som kun kan udstedes til jernbanevirksomheder, der er etableret i en EU-medlemsstat.
Sektor:
Transport
Delsektor:
Andre transporttjenesteydelser (levering af kombinerede transporttjenesteydelser)
Brancheklassifikation:
CPC 711,CPC 712, CPC 7212, CPC 7222, CPC 741, CPC 742, CPC 743, CPC 744, CPC 745, CPC 748, CPC 749
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Rådets direktiv 92/106/EØF af 7. december 1992 om indførelse af fælles regler for visse former for kombineret godstransport mellem medlemsstaterne
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun transportvirksomheder, der er etableret i en medlemsstat med undtagelse af Finland, og som opfylder betingelserne for adgang til erhvervet og til markedet for godstransport mellem EU-medlemsstaterne, kan i forbindelse med en kombineret transport mellem EU-medlemsstaterne udføre transporten på de indledende eller afsluttende vejstrækninger, der udgør en integrerende del af den kombinerede transport, uanset om disse vejstrækninger passerer en grænse.
Begrænsninger, der påvirker alle transportformer, er gældende.
Nødvendige foranstaltninger kan træffes for at sikre, at motorkøretøjsafgifter, der gælder for vejkøretøjer i kombineret transport, reduceres eller refunderes.
Sektor:
Hjælpetjenesteydelser for alle transportformer
Delsektor:
Tjenesteydelser inden for toldbehandling
Brancheklassifikation:
Del af CPC 748
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
EU-niveau — Nationalt — Regionalt
Foranstaltninger:
Rådets forordning (EØF) nr. 2913/92 af 12. oktober 1992 om indførelse af en EF-toldkodeks og senere ændringer heraf
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Tjenesteydelser i forbindelse med toldbehandling kan kun udføres af EU-borgere.
Forbehold, der gælder i Østrig
Sektor:
Alle sektorer
Delsektor:
Erhvervelse, køb, leje eller leasing af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Regionalt (subnationalt)
Foranstaltninger:
Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007
Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004
NÖ- Grundverkehrsgesetz, LGBL. 6800
OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994
Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002
Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993
Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996
Voralberger Grundverkehrsgesetz, LGBL. Nr. 42/2004
Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998
Beskrivelse:
Investering
Erhvervelse, køb og leje eller leasing af fast ejendom foretaget af fysiske personer eller virksomheder uden for EU kræver autorisation fra de kompetente regionale myndigheder (Länder). Autorisationen vil kun blive udstedt, hvis erhvervelsen sker i offentlig (især økonomisk, social og kulturel) interesse.
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2)
GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2)
Gewerbeordnung, BGBL. Nr. 194/1994, § 39 (2a)
Beskrivelse:
Investering
For drift af en filial skal selskaber uden for Det Europæiske Økonomiske Samarbejdsområde (EØS) som minimum udpege en person, som har bopæl i Østrig, til deres repræsentation. Ledere (administrerende direktører, fysiske personer) med ansvar for overholdelse af den østrigske handelslov skal have bopæl i Østrig.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Rechtsanwaltsordnung (advokatlov) — RAO, RGBl. Nr. 96/1868, art. 1 og 21c
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
I henhold til advokatloven er det kun advokater fra EØS-lande eller advokater fra Schweiz, der har tilladelse til at yde juridiske tjenesteydelser via en handelsmæssig tilstedeværelse. Grænseoverskridende levering af juridiske tjenesteydelser udført af canadiske advokater (som skal være fuldt kvalificerede i Canada) er kun tilladt, for så vidt angår international ret og canadisk lovgivning.
For at opnå medlemskab af advokatsamfundet, som kræves for at kunne udøve juridiske tjenesteydelser inden for EU-lovgivning og lovgivningen i EU-medlemsstaten, kræves statsborgerskab i en EØS-medlemsstat eller i Schweiz.
Kapitaldeltagelse og andele i driftsresultatet i ethvert advokatfirma fra canadiske advokaters side (som skal være fuldt kvalificerede i Canada) er tilladt op til 25 procent; resten skal ejes af fuldgyldige EØS-advokater eller schweiziske advokater, og kun sidstnævnte må udøve afgørende indflydelse på beslutningstagningen i advokatfirmaet, som i henhold til artikel 1a i Østrigs advokatlov generelt er begrænset til bestemte selskabsformer.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsvæsens- og bogholderivirksomhed
Revisionsvirksomhed
Skatterådgivning
Brancheklassifikation:
CPC 862, CPC 863
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Wirtschaftstreuhandberufsgesetz(Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4
Bilanzbuchhaltungsgesetz (BibuG, BGBl. I Nr. 11/2008, § 7, § 11, § 56 and § 59 (1) 4.
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kapitalinteresser og stemmerettigheder for udenlandske revisionsfirmaer, bogholdere, revisorer og skatterådgivere, der er kvalificeret i henhold til lovgivningen i deres hjemland, må ikke overskride 25 procent i et østrigsk selskab.
Tjenesteyderen skal have et kontor eller arbejdssæde inden for EØS for at kunne levere tjenesteydelser i forbindelse med bogføring og have ret til at fungere som revisor eller skatterådgiver i henhold til østrigsk lovgivning.
Hvis arbejdsgiveren for en udenlandsk revisor ikke er statsborger i en EU-medlemsstat, skal denne være medlem af den relevante faglige sammenslutning i hjemlandet, hvor en sådan findes.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC932
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/, §3 (3) 1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun statsborgere i en EØS-medlemsstat må levere veterinærtjenester. Nationalitetskravet fraviges for statsborgere i en stat, der ikke er medlem af EØS, hvis der findes en aftale med denne ikke-medlemsstat af EØS om national behandling med henblik på investering og grænseoverskridende handel med veterinære tjenesteydelser.
Sektor:
Sundhedstjenester
Delsektor:
Lægebehandling
Brancheklassifikation:
Del af CPC 9312
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lægeloven, BGBl. I Nr. 169/1998, §4 (2) og §5 (b), §§ 8(5), 32, 33 og 35
Forbundslov om udøvelse af bestemte medicinsk-tekniske erhverv, BGBl. Nr. 460/1992
Forbundslov om massører, BGBl. Nr. 169/2002
Beskrivelse:
Investering
Der kræves statsborgerskab i en EØS-stat eller i Schweiz for at kunne yde lægebehandling.
Med henblik på lægebehandling kan personer, der ikke er statsborgere i en EØS-medlemsstat, ansøge om følgende autorisationer: videreuddannelse, udøvelse af lægevirksomhed som alment praktiserende læge eller specialist på hospitaler og i fængsler, udøvelse af lægevirksomhed som alment praktiserende læge som selvstændig og udøvelse af lægevirksomhed i forbindelse med uddannelsesmæssige formål.
Dette forbehold gælder ikke for tandbehandling eller udøvelse af virksomhed som psykolog eller psykoterapeut.
Sektor:
Distribution
Delsektor:
Detailsalg af tobak
Brancheklassifikation:
CPC 63108
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om tobaksmonopol 1996, § 5 og § 27
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun fysiske personer må ansøge om autorisation til at fungere som tobakshandler. Statsborgere i en EØS-medlemsstat prioriteres.
Sektor:
Distribution og sundhedstjenester
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Andre tjenesteydelser leveret af farmaceuter
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Apothekengesetz (Pharmacy Law), RGBl.No. 5/1907, §3 Arzneimittelgesetz (Medication Act) BGBL. Nr. 185/1983, §57-63
Beskrivelse:
Investering
Detailhandel med farmaceutiske og specifikke medicinske artikler til offentligheden må kun foregå på et apotek.
Der kræves statsborgerskab i en EØS-stat eller i Schweiz for at kunne drive et apotek.
Der kræves statsborgerskab i en EØS-stat eller i Schweiz for forpagtere og personer med ansvar for administrationen af et apotek.
Sektor:
Undervisning
Delsektor:
Undervisning på videregående uddannelsesinstitutioner
Brancheklassifikation:
CPC 923
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om universitet for anvendt videnskab, BGBl I Nr. 340/1993, § 2
Lov om universitetsakkreditering, BGBL. I Nr. 168/1999, § 2
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Ydelse af privatfinansierede uddannelsestjenester på universitetsniveau inden for anvendte videnskaber kræver en autorisation fra den kompetente myndighed, rådet for videregående uddannelse (Fachhochschulrat). En investor, der ønsker at levere et studieprogram inden for anvendte videnskaber, skal have levering af sådanne programmer som sin primære forretning og skal indsende en behovsvurdering og markedsundersøgelse med henblik på det foreslåede undervisningsprograms accept. Det kompetente ministerium har tilladelse til at afvise en autorisation, hvis programmet bedømmes til at være inkompatibelt med nationale undervisningsinteresser.
En ansøger til et privat universitet kræver en autorisation fra den kompetente myndighed (det østrigske akkrediteringsråd). Det kompetente ministerium kan afvise godkendelsen, hvis afgørelsen fra akkrediteringsmyndigheden ikke stemmer overens med nationale undervisningsinteresser.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Den østrigske lov om overvågning af forsikringer, § 5, stk. 1, pkt. 3 (VAG)
Beskrivelse:
Finansielle tjenesteydelser
For at opnå en licens til at åbne en filial skal udenlandske forsikringsselskaber have en juridisk form, der svarer til eller er sammenlignelig med et aktieselskab eller en gensidig forsikringsforening i deres hjemland.
En filial skal forvaltes af mindst to fysiske personer, der har bopæl i Østrig.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om overvågning af forsikringer (VAG), BGBI. Nr. 569/1978, § 1, stk. 2
Beskrivelse:
Finansielle tjenesteydelser
Reklame og mægling på vegne af et datterselskab, der ikke er etableret i EU, eller på vegne af en filial, der ikke er etableret i Østrig (undtagen genforsikring og retrocession), er forbudt.
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Skiskoleundervisning
Bjergførervirksomhed
Brancheklassifikation:
Del af CPC 96419
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Regionalt (subnationalt)
Foranstaltninger:
Kärntner Schischulgesetz, LGBL. Nr. 53/97
Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98
NÖ- Sportgesetz, LGBL. Nr. 5710
OÖ- Sportgesetz, LGBl. Nr. 93/1997
Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89
Salzburger Bergführergesetz, LGBL. Nr. 76/81
Steiermärkisches Schischulgesetz, LGBL. Nr. 58/97
Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76
Tiroler Schischulgesetz. LGBL. Nr. 15/95
Tiroler Bergsportführergesetz, LGBL. Nr. 7/98
Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 § 4, stk. 2, litra a)
Vorarlberger Bergführergesetz, LGBL. Nr. 54/02
Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Drift af skiskoler og virksomhed som bjergfører er reguleret af lovene i de enkelte delstater, 'Bundesländer'. Ydelse af disse tjenester kan kræve statsborgerskab i en EØS-medlemsstat. Selskaber kan pålægges at udpege en administrerende direktør, som er statsborger i en EØS-medlemsstat.
Sektor:
Transport
Delsektor:
Skibsfart
Hjælpevirksomhed i forbindelse med skibsfart
Brancheklassifikation:
CPC 7221, CPC 7222, CPC 7223, CPC 7224, del af CPC 745
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelser
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Schifffahrtsgesetz, BGBl. I Nr. 62/1997, §75f
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Der kræves statsborgerskab i en EØS-medlemsstat for fysiske personer med henblik på etablering af et rederi til transport ad indre vandveje. Flertallet af bestyrelsen for hver virksomhed skal være statsborgere i et EØS-land. Krav om registrering eller permanent etablering i Østrig. Over 50 procent af forretningsandelene og arbejdskapitalen skal være ejet af statsborgere i en EØS-medlemsstat.
Sektor:
Transport
Delsektor:
Vejtransport: passagertransport, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5 Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kan for passager- og godstransport kun gives enerettigheder eller autorisationer til EU-statsborgere og juridiske personer fra EU, som har deres hovedkontor i EU.
Sektor:
Transport
Delsektor:
Rørtransport
Brancheklassifikation:
CPC 713
Forbeholdstype:
Øverste ledelse og bestyrelse
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Rohrleitungsgesetz (lov om rørtransport), BGBl. Nr. 411/1975, § 5(1) og (2), §§ 5 (1) og (3), 15, 16
Gaswirtschaftsgesetz (lov om gas), BGBl. I Nr. 121/2000, § 14, 15 og 16
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For så vidt angår fysiske personer, gives der kun tilladelse til statsborgere i en EØS-medlemsstat med bopæl i EØS. Selskaber og interessentskaber skal have hovedsæde i EØS. Operatøren af netværket skal udpege en administrerende direktør og en teknisk direktør, som er ansvarlige for den tekniske styring af netværksdriften, og begge skal være statsborgere i en EØS-medlemsstat.
Den kompetente myndighed må fravige kravene om statsborgerskab og bopæl, hvis netværksdriften anses for at være i offentlighedens interesse.
Følgende gælder for transport af gods bortset fra vand og gas:
1.
Hvad angår fysiske personer, gives der kun autorisation til EØS-statsborgere, som har et hovedkontor i Østrig.
2.
Selskaber og interessentskaber skal have hovedsæde i Østrig. Der anvendes en økonomisk behovsprøve eller interesseprøve. Grænseoverskridende rør må ikke bringe Østrigs sikkerhedsmæssige interesser samt dets status som neutralt land i fare. Selskaber og interessentskaber skal udpege en administrerende direktør, som skal være statsborger i en EØS-medlemsstat. Den kompetente myndighed kan fravige kravet om statsborgerskab og hovedsæde, hvis driften af rørnettet anses for at være i den nationale økonomiske interesse.
Sektor:
Energi
Delsektor:
Transmission og distribution af elektricitet
Brancheklassifikation:
ISIC rev 3.1 40, CPC 887
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Regionalt
Foranstaltninger:
Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz (E1WOG), LGBl. Nr. 70/2005; Kärntner Elektrizitätswirtschafts-und Organisationsgesetz (E1WOG), LGBl. Nr. 24/2006
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For så vidt angår fysiske personer, gives der kun tilladelse til statsborgere i en EØS-medlemsstat med bopæl i EØS. Hvis operatøren udpeger en administrerende direktør eller forpagter, ophæves kravet om bopæl.
Juridiske personer (selskaber) og interessentskaber skal have hovedsæde i EØS. De skal udpege en administrerende direktør eller forpagter, som begge skal være statsborgere i en EØS-medlemsstat med bopæl i EØS.
Den kompetente myndighed må se bort fra kravene om bopæl og statsborgerskab, hvis netværksdriften anses for at være i offentlighedens interesse.
Forbehold, der gælder i Belgien
Hvad angår forbeholdene i Belgien, omfatter det nationale forvaltningsniveau forbundsregeringen og regeringerne i regionerne og fællesskaberne, da hver af disse har samme lovgivende myndighed.
Sektor:
Råstofudvinding
Delsektor:
Anden råstofudvinding
Brancheklassifikation:
ISIC rev 3.1 14
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt (forbundsstat)
Foranstaltninger:
Arrêt Royal du 1
er
 septembre 2004 relatif aux conditions, à la délimitation géographique et à la procédure d'octroi des concessions d'exploration et d'exploitation des ressources minérales et autres ressources non vivantes de la mer territoriale et du plateau continental
Beskrivelse:
Investering
Efterforskning efter og udvinding fra mineralske kilder og andre ikkelevende ressourcer i territoriale farvande og kontinentalsoklen kræver koncession. Koncessionshaveren skal have bopæl i Belgien.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt (forbundsstat)
Foranstaltninger:
Belgisk retsplejelov (artikel 428-508); kongeligt dekret af 24. august 1970
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (belgisk ret), herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Bopælskravet til en udenlandsk advokat for at opnå fuldgyldigt medlemskab af advokatsamfundet er på mindst seks år fra datoen for ansøgningen om registrering, tre år under særlige omstændigheder. Krav om at have et certifikat udstedt af den belgiske udenrigsminister, hvorunder national lovgivning eller international konvention tillader gensidighed (princip om gensidig anerkendelse). Repræsentation ved »
Cour de Cassation«
 er underlagt en kvote.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt (forbundsstat)
Foranstaltninger:
Lov af 22. juli 1953 om oprettelse af et institut af revisorer af firmaer og organisering af den offentlige overvågning af erhvervet som revisor af firmaer, koordineret den 30. april 2007
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at være kvalificeret til at fungere i en officiel stilling som »firmas revisor« kræves det at drive en virksomhed i Belgien, hvor den erhvervsmæssige aktivitet finder sted, og hvor akter, dokumenter og korrespondance med relation til denne opbevares, og at have mindst en leder eller direktør i firmaet, der er firmaets revisor og ansvarlig for forvaltningen af en virksomhed i Belgien.
Sektor:
Forretningstjenesteydelser
Delsektor:
Arkitekttjenesteydelser
Byplanlægning og landskabsarkitektur
Brancheklassifikation:
CPC 8671,CPC 8674
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt (forbundsstat)
Foranstaltninger:
Lov af 20. februar 1939 om beskyttelse af titlen for arkitekterhvervet
Lov af 26. juni 1963, som opretter arkitektsammenslutningen
Etikforskrifter af 16. december 1983 fastlagt af det nationale råd i arkitektsammenslutningens nationale råd (vedtaget ved art. 1. i A.R. af 18. april 1985, M.B., 8. maj 1985).
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ydelse af arkitekttjenester i Belgien kræver kontrol med udførelsen af arbejderne.
Udenlandske arkitekter med autorisation i deres hjemlande og med ønske om at praktisere deres profession på lejlighedsvis basis i Belgien kræves forinden at have fået en autorisation fra sammenslutningens råd i det geografiske område, hvor de agter at praktisere deres aktivitet.
Sektor:
Forretningstjenesteydelser
Delsektor:
Arbejdsformidling
Brancheklassifikation:
CPC 87202
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt (regioner)
Foranstaltninger:
Regionen Flandern:
 Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet betreffende de private arbeidsbemiddeling
Regionen Vallonien:
 Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (dekret af 3. april 2009 om registrering af arbejdsformidlingskontorer), 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 (afgørelse fra den vallonske regering af 10. december 2009 om gennemførelse af dekret af 3. april 2009 om registrering af arbejdsformidlingskontorer), art. 4
Det tysktalende fællesskab
: 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
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Regionen Flandern: En virksomhed, der har sit hovedsæde uden for EØS, skal bevise, at den leverer arbejdsformidling i oprindelseslandet.
Regionen Vallonien: Der kræves en bestemt type juridisk enhed (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) for at levere arbejdsformidlingstjenester. Et firma, der har hovedsæde uden for EØS, skal dokumentere, at det opfylder de betingelser, der er fastlagt i dekretet (f.eks. angående typen af den juridiske enhed) og skal dokumentere, at det leverer arbejdsformidlingstjener i sit oprindelsesland.
Det tysktalende fællesskab:
 En virksomhed, der har sit hovedsæde uden for EØS, skal bevise, at det leverer arbejdsformidling i oprindelseslandet, og skal opfylde adgangskriterierne, der er fastlagt i det nævnte dekret.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt (forbundsstat)
Foranstaltninger:
La Loi du 21 décembre 1990 relative à l'enregistrement des navires, telle que modifiée par la loi du 3 mai 1999
L'Arrêté royal du 4 avril 1996 relatif à l'enregistrement des navires et l'entrée en vigueur de la loi du 21 décembre 1990 relative à l'enregistrement des navires, tel que modifié
Beskrivelse:
Investering og internationale søtransporttjenester
I henhold til den belgiske skibsregistreringslov og dekretbestemmelser skal ejeren eller operatøren af et skib:
a)
være en enkeltperson, som er statsborger i en EU-medlemsstat
b)
være en enkeltperson, som har bopæl eller er hjemmehørende i Belgien, eller
c)
være en juridisk person/et organ/have reelt forretningssted i en EU-medlemsstat
for at være berettiget til at registrere et skib i det nationale register.
Udenlandske investorer skal have deres hovedkontor i Belgien for at kunne registrere et fartøj i det nationale skibsregister.
Skibene skal drives fra Belgien, hvilket vil sige, at den drivende ejer eller operatøren (såfremt forskellig fra ejeren) skal have et belgisk selskabsnummer.
Et udenlandsk ejet skib må registreres på anmodning fra en belgisk operatør, såfremt ejeren og de belgiske myndigheder er indforstået (direktoratet for almindelig søtransport i Bruxelles).
Et udenlandsk ejet skib må også optages i bareboat-charterregistret (andet belgiske register), såfremt myndighederne for det første register, ejeren og de relevante belgiske myndigheder er indforstået.
Sektor:
Transport
Delsektor:
Hjælpetjenester inden for lufttransport
Udlejning af luftfartøjer
Brancheklassifikation:
CPC 83104
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt (forbundsstat)
Foranstaltninger:
Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Et privat (civilt) luftfartøj, der ejes af fysiske personer, som ikke er statsborgere i en EU- eller EØS-medlemsstat, må kun registreres, hvis de har bopæl eller er hjemmehørende i Belgien uafbrudt i mindst et år.
Et privat (civilt) luftfartøj, der ejes af udenlandske enheder, der ikke er dannet i overensstemmelse med lovgivningen i en EU- eller EØS-medlemsstat, må kun registreres, hvis de har et driftssted, agentur eller kontor i Belgien uafbrudt i mindst et år.
Sektor:
Transport
Delsektor:
Lufttransport
Brancheklassifikation:
CPC 73
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt (forbundsstat)
Foranstaltninger:
Arrêté ministériel du 3 août 1994 fixant les conditions de délivrance des licences d'exploitation aux transporteurs aériens
Beskrivelse:
Investering
Der kræves licens for at yde tjenesteydelser i forbindelse med lufttransport. For at opnå licensen skal luftfartsselskabet have mindst et luftfartøj til rådighed, ejet eller lejet i henhold til en hvilken som helst type leasing, der er registreret i dettes navn i det belgiske register.
Sektor:
Transport
Delsektor:
Hjælpetjenester inden for lufttransport
Brancheklassifikation:
CPC 7461, CPC 7469, CPC 83104
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt (forbundsstat og regioner)
Foranstaltninger:
Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à l'aéroport de Bruxelles-National (art. 18)
Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (art. 14)
Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux aéroports relevant de la Région wallonne (art.14)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Gensidighed kræves med henblik på groundhandling-tjenesteydelser.
Forbehold, der gælder i Bulgarien
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om handel, art. 17a
Lov om investeringsfremme, art. 24
Beskrivelse:
Investering
Udenlandske juridiske personer, medmindre disse er etableret i henhold til lovgivningen i en EU- eller EØS-medlemsstat, må drive forretning og foretage aktiviteter, såfremt de er etableret i republikken Bulgarien i form af en virksomhed, der er registreret i handelsregisteret.Der kræves tilladelse til etablering af filialer.
Repræsentationskontorer for udenlandske virksomheder skal registreres hos det bulgarske handels- og industrikammer og må ikke deltage i økonomisk aktivitet, men har kun ret til at rådgive deres ejer og agere som repræsentanter eller agenter.
Sektor:
Råstofudvinding
Delsektor:
Alle sektorer bortset fra brydning af uran- og thoriummalm
Brancheklassifikation:
ISIC rev 3.110, ISIC rev 3.111, ISIC rev 3.112, ISIC rev 3.113, ISIC rev 3.114
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Foranstaltninger:
Lov om underjordiske naturressourcer
Lov om koncessioner
Lov om privatisering og post-privatiseringskontrol
Beskrivelse:
Investering
Bestemte økonomiske aktiviteter med relation til udnyttelse eller brug af statens eller offentlig ejendom kræver koncession, der tildeles i henhold til bestemmelserne i loven om koncession eller andre særlige koncessionslove.
Aktiviteterne i forbindelse med prospektering eller efterforskning efter underjordiske naturressourcer på Republikken Bulgariens territorium, i kontinentalsoklen og i den eksklusive økonomiske zone i Sortehavet kræver tilladelse, mens aktiviteter med henblik på udvinding og udnyttelse kræver koncession, der tildeles i henhold til loven om underjordiske naturressourcer.
Det er forbudt for virksomheder, som er registreret i jurisdiktioner med skattemæssig begunstigelse (dvs. off-shore-zoner) eller lignende, at deltage direkte eller indirekte i offentlige udbud med henblik på tildeling af tilladelser eller koncessioner med henblik på prospektering, efterforskning eller udvinding af naturressourcer, inklusive uran- og thoriummalme, samt at anvende en eksisterende tilladelse eller koncession, som er blevet tildelt, da sådanne operationer er udelukket, herunder muligheden for at registrere den geologiske eller handelsmæssige opdagelse af en forekomst som følge af en efterforskning.
Erhvervsvirksomheder, hvor medlemsstaten eller en kommune ejer andele i kapitalen på over 50 procent, kan ikke udføre nogen transaktioner med henblik på disposition af virksomhedens faste aktiver for at indgå nogen kontrakter angående erhvervelse af kapitalinteresse, leasing, fælles aktiviteter, kredit, sikring af tilgodehavender samt pådragne forpligtelser i henhold til trasserede veksler, medmindre dette er tilladt af privatiseringsagenturet eller det kommunale råd, afhængigt af den kompetente myndighed.
Med forbehold af artikel 8.4, stk. 1 og 2, er det i henhold til beslutning af 18. januar 2012 fra Republikken Bulgariens nationale forsamling og i medfør af parlamentets beslutning forbudt at anvende hydraulisk frakturering, dvs. fracking, i forbindelse med aktiviteter som prospektering, efterforskning eller udvinding af olie og gas. Efterforskning og udvinding af skifergas er forbudt.
Sektor:
Råstofudvinding
Delsektor:
Brydning af uran- og thoriummalme
Brancheklassifikation:
ISIC rev 3.112
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om sikker brug af kerneenergi, lov om økonomiske og finansielle relationer med virksomheder, der er registreret i jurisdiktioner med skattemæssig begunstigelse, sådanne virksomheders relaterede parter og deres reelle ejere, lov om underjordiske ressourcer
Beskrivelse:
Investering
Brydning af uranmalm er forbudt i henhold til ministerrådets dekret nr. 163 af 20.08.1992.
Med henblik på brydning af thoriummalm gælder den generelle ordning for koncessioner for minedrift. For at deltage i koncessionerne for brydning af thoriummal skal en canadisk virksomhed være stiftet i henhold til den bulgarske handelslov og skal registreres i handelsregisteret. Beslutninger om at tillade brydning af thoriummalm tages på et individuelt ikke-diskriminerende grundlag alt efter det pågældende tilfælde.
Forbuddet mod, at virksomheder, som er registreret i jurisdiktioner med skattemæssig begunstigelse (dvs. off-shore-zoner) eller lign., deltager direkte eller indirekte i åbne udbud om koncessioner angående minedrift af naturressourcer, omfatter uran- og thoriummalm.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Advokatloven
Lov om mægling
Lov for notarer og notaraktivitet
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Såfremt Canada og dets territorier og provinser tillader bulgarske advokater at repræsentere bulgarske statsborgere i national ret, vil Bulgarien tillade canadiske advokater at repræsentere en canadisk statsborger i national ret på samme vilkår og i samarbejde med en bulgarsk advokat. Med henblik på dette skal udenlandske advokater have tilladelse til at fungere som advokater efter afgørelse fra advokatsamfundets øverste råd og registreres i det samlede register over udenlandske advokater. Selskaber skal være registreret i Bulgarien som et advokatinteressentskab (»advokatsko sadrujie«) eller et advokatfirma (»advokatsko drujestvo«). Navnet på advokatfirmaet må kun inkludere navnene på interessenterne, så et udenlandsk firma vil ikke kunne bruge sit navn, medmindre de nævnte interessenter også er blevet registreret i Bulgarien.
Fuldgyldigt medlemskab af advokatsamfundet er kun tilladt for statsborgere i en EU-medlemsstat eller udenlandske statsborgere, som er kvalificerede advokater, og som har modtaget deres diplom, der giver ret til at praktisere i en EU-medlemsstat. I forbindelse med procesrepræsentation skal de ledsages af en bulgarsk advokat.
Der er krav om fast bopæl for at udøve retsmægling.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om uafhængig finansiel revision
Beskrivelse:
Investering
»En specialiseret revisionsenhed« er en virksomhed underlagt den bulgarske handelslov eller underlagt lovgivningen i en anden EU-medlemsstat eller i aftalen om Det Europæiske Økonomiske Samarbejdsområde, hvis hovedaktivitet er at fungere som en uafhængig finansiel revisor af årsregnskaber for virksomheder, tre fjerdedele af dens medlemmer skal være registrerede revisorer, revisorer eller revisionsenheder fra en EU-medlemsstat med et godt renommé, og den skal være:
a)
et interessentskab, hvor mere end halvdelen af interessenterne er registrerede revisorer, revisorer eller revisionsenheder fra en anden EU-medlemsstat,
b)
et kommanditselskab, hvor mere en halvdelen af interessenterne med ubegrænset ansvar er registrerede revisorer, revisorer eller revisionsenheder fra en anden EU-medlemsstat, eller
c)
en virksomhed med begrænset ansvar, hvor mere end halvdelen af stemmerne ved interessenternes generalforsamling samt i kapitalen er ejet af registrerede revisorer, revisorer eller revisionsenheder fra andre EU-medlemsstater.
Sektor:
Forretningstjenesteydelser
Delsektor:
Skatterådgivning
Brancheklassifikation:
CPC 863
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Regnskabslov
Lov om uafhængig finansiel revision
Lov om indkomstskat for fysiske personer
Lov om selskabsskat
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-medlemsstat for skatterådgivere.
Sektor:
Forretningstjenesteydelser
Delsektor:
Arkitekttjenesteydelser
Byplanlægning og landskabsarkitektur
Ingeniørtjenesteydelser
Integrerede ingeniørtjenesteydelser
Brancheklassifikation:
CPC 8671, CPC 8672, CPC 8673, 8674
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om fysisk planlægning, art. 230
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For projekter af national eller regional betydning skal canadiske investorer levere tjenesteydelser i interessentskab med eller som underkontrahent til lokale investorer.
Udenlandske specialister skal have mindst to års erfaring inden for anlægsarbejder, hvilket ikke er et krav for nationale specialister.
Betingelsen om at være bulgarsk statsborger gælder i forbindelse med byplanlægning og landskabsarkitektur.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tilknyttet teknisk og videnskabelig rådgivning
Brancheklassifikation:
CPC 8675
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om matrikel- og ejendomsregister
Lov om geodæsi og kartografi
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Den person (fysisk eller juridisk), som må udføre funktioner med relation til matrikelovervågning, geodæsi og kartografi, er et fagligt kompetent organ. Der kræves etablering samt bulgarsk statsborgerskab for den fysiske person, der udfører aktiviteter angående geodæsi samt matrikelovervågning og i forbindelse med kartografi, når jordoverfladens bevægelser skal undersøges.
Sektor:
Forretningstjenesteydelser
Delsektor:
Oversættelse og tolkning
Brancheklassifikation:
CPC 87905
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Forskrift for legalisering, certificering og oversættelse af dokumenter
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves en kontrakt med udenrigsministeriet for officielle oversættelser, der leveres af oversættelsesbureauer.
Sektor:
Forretningstjenesteydelser
Delsektor:
Teknisk afprøvning og analyse
Brancheklassifikation:
CPC 8676
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om tekniske krav til produkter
Lov om måling
Lov om national akkreditering af myndigheder, der skal sikre overensstemmelse
Lov om luftkvalitet
Vandloven, bekendtgørelse N-32 om periodisk inspektion af vejtransportkøretøjers tekniske tilstand
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at kunne levere tjenesteydelser med henblik på prøvning og analyser skal en canadisk statsborger være etableret i Bulgarien i henhold til den bulgarske handelslov og skal være registreret i handelsregisteret.
Med henblik på den periodiske inspektion af vejtransportkøretøjers tekniske tilstand skal personen være registreret i overensstemmelse med den bulgarske handelslov eller loven om non-profit juridiske personer eller være registreret i en anden EU- eller EØS-medlemsstat.
Prøvning og analyse af lufts og vands sammensætning og renhed må kun udføres af ministeriet for miljø og vand i Bulgarien eller dets agenturer i samarbejde med det bulgarske videnskabsakademi.
Sektor:
Distribution
Delsektor:
Provisionsagenturvirksomhed
Engroshandel og detailhandel
Brancheklassifikation:
Del af CPC 621,CPC 62228, CPC 62251, CPC 62271, del af CPC 62272, CPC 62276, CPC 63108, del af CPC 6329
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om veterinæraktivitet, art. 343, 363, 373
Lov om forbud mod kemiske våben og kontrol med giftige kemiske stoffer og deres prækursorer, art. 6
Lov om kontrol af våbeneksporter og produkter og teknologi med dobbelt anvendelse, art. 46
Lov om tobak og tobaksprodukter, art. 21, 27, 30
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Distribution (engrossalg og detailhandel) af olie og olieprodukter, gas, ædelmetaller, tobak og tobaksprodukter er underlagt autorisation og må kun udføres efter registrering i handelsregisteret. Der gives kun autorisation til statsborgere i en EØS-medlemsstat eller udenlandske borgere med permanent bopæl i Bulgarien.
Varehuse kan blive underlagt økonomisk behovsprøve afhængigt af den lokale kommunes regler.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om humanmedicinske lægemidler, art. 146, 161, 195, 222, 228
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Postforsendelse af farmaceutiske produkter er forbudt.
Detailhandel med farmaceutiske og specifikke medicinske artikler til offentligheden må kun foregå på et apotek.
Ledere af apoteker skal være kvalificerede farmaceuter og må kun lede et apotek, som de selv arbejder i. Der er krav om fast bopæl for farmaceuter. Der findes en kvote for, hvor mange apoteker, der må ejes af én person.
Sektor:
Undervisning
Delsektor:
Undervisning på primært og sekundært niveau
Brancheklassifikation:
CPC 921, CPC 922
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om offentlig uddannelse, art. 12
Lov om videregående uddannelse, afsnit 4 i de supplerende bestemmelser
Beskrivelse:
Investering
Dette forbehold gælder for privatfinansieret undervisning på primært og sekundært niveau, som kun må leveres af autoriserede bulgarske selskaber (handelsmæssig tilstedeværelse kræves).
Bulgarske børnehaver og skoler med udenlandsk deltagelse må etableres eller omdannes på anmodning fra sammenslutninger, selskaber eller virksomheder bestående af bulgarske og udenlandske fysiske eller juridiske enheder, som er behørigt registreret i Bulgarien, ved beslutning fra ministerrådet efter indstilling fra ministeren for uddannelse, unge og videnskab.
Udenlandsk ejede børnehaver og skoler må etableres eller omdannes på anmodning fra udenlandske juridiske enheder i overensstemmelse med internationale aftaler og konventioner og i henhold til ovennævnte bestemmelser.
Udenlandske institutioner, der tilbyder undervisning på sekundært niveau, kan ikke etablere datterselskaber på Bulgariens territorium. Udenlandske institutioner, der tilbyder undervisning på sekundært niveau, må kun åbne fakulteter, departementer, institutter og skoler i Bulgarien inden for det bulgarske system for undervisning på sekundært niveau og i samarbejde med dette.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Forsikringsloven, art. 8, 41, 47b
Beskrivelse:
Finansielle tjenesteydelser
Inden der etableres en filial eller et agentur i Bulgarien med henblik på at yde forsikringstjenester, skal et udenlandsk forsikringsselskab eller genforsikringsselskab være blevet autoriseret til at fungere i de samme forsikringsklasser i sit oprindelsesland, som det ønsker at tilbyde i Bulgarien.
Optagelse i det lokale register for forsikringsmæglere (ingen filialer) kræves.
Der er bopælskrav for medlemmer af ledelsen og kontrolorganet for (gen)forsikringsselskaber og enhver person, som er autoriseret til at forvalte eller repræsentere (gen)forsikringsselskabet.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om kreditinstitutter, art. 2, 17
Socialloven, art. 121e
Lov om valuta, art. 3
Beskrivelse:
Finansielle tjenesteydelser
En bank skal etableres som et aktieselskab.
Banken skal administreres og repræsenteres i fællesskab af mindst to personer, hvor mindst en af disse skal beherske bulgarsk.
Personer, som leder og repræsenterer banken, skal lede banken ved at være personligt til stede på ledelsens adresse.
Med henblik på at udføre offentlig tiltrækning af deponeringer eller andre fornyelige ressourcer samt andre tjenesteydelser kræves det, at en bank med hovedsæde i en ikke-EU-medlemsstat opnår en licens fra den bulgarske nationalbank for opstart og udøvelse af forretningsaktiviteter i Bulgarien via en filial.
Finansieringsinstituttet skal etableres som et aktieselskab, en virksomhed med begrænset ansvar eller et kommanditselskab med andele, og stedet for dets primære forretning skal være på Bulgariens territorium.
Kun finansieringsinstitutter, der er registreret i Bulgarien, og udenlandske finansieringsinstitutter med hovedsæde i en EU-medlemsstat må udøve aktivitet på Bulgariens territorium.
Pensionsforsikring skal udføres via et aktieselskab med licens i henhold til socialforsikringsloven, som skal være registreret i henhold til handelsloven eller lovgivningen i en anden EU-medlemsstat (ingen filialer).
Initiativtagere til og selskabsdeltagere i pensionsforsikringsselskaber må være ikke-hjemmehørende juridiske personer, der er registreret som socialforsikring, kommerciel forsikring eller andet finansieringsinstitut i henhold til den pågældende nationale lovgivning, hvis de fremlægger bankreferencer fra en førsteklasses udenlandsk bank, der er bekræftet af den bulgarske nationalbank. Enkeltpersoner uden bopæl kan ikke være initiativtagere til og selskabsdeltagere i pensionsforsikringsselskaber.
Indkomsten fra frivillige tillægspensioner; samt lignende indkomst direkte forbundet med frivillig pensionsforsikring, der udføres af personer, som er registreret i henhold til en anden EU-medlemsstats lovgivning, og som i overensstemmelse med den pågældende lovgivning må udøve virke i forbindelse med frivillig pensionsforsikring, pålægges ikke skat i henhold til den procedure, som er fastsat i loven om selskabsskat.
Formanden for ledelsen, formanden for bestyrelsen, den administrerende direktør og administrerende agent skal have fast adresse eller fast bopæl i Bulgarien.
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Hoteller, restauranter og catering
Rejsebureauer og rejsearrangører (herunder turledere)
Turistguidevirksomhed
Brancheklassifikation:
CPC 641, CPC 642, CPC 643, CPC 7471, CPC 7472
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om turisme, art. 17, 45
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves stiftelse (ingen filialer).
Turvirksomhed eller rejsebureauvirksomhed må leveres af en person, som er etableret i en EU-medlemsstat eller i en EØS-medlemsstat, hvis nævnte person efter etableringen på Bulgariens territorium fremlægger et eksemplar af et dokument, der certificerer den pågældende ret til at udøve en sådan aktivitet, og et certifikat eller et andet dokument, der er udstedt af et kreditinstitut eller et forsikringsselskab, der indeholder data om, at der er indgået en forsikring, der dækker nævnte persons ansvar i tilfælde af skade, som skyldes resultatet af en skyldig manglende overholdelse af erhvervsmæssige pligter.
Antallet af udenlandske ledere må ikke overstige antallet af ledere, der er bulgarske statsborgere, når den offentlige andel (stat eller kommune) i et bulgarsk selskabs egenkapital overstiger 50 procent.
Statsborgerskabskrav for turistguider.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1: 0501, ISIC rev 3.1 0502, CPC 5133, CPC5233, CPC 721,CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Handelsskibfartskodeks, art. 6, 27, 28
Lov om Republikken Bulgariens farvand, indre vandveje og havne, art. 116, 116a, 117, 117a
Bekendtgørelse nr. 17/22.01.2013 om transport ad indre vandveje
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Et søgående skib er berettiget til at sejle under bulgarsk flag, hvis:
a)
det er ejet af staten
b)
det er ejet af en bulgarsk fysisk person eller juridisk enhed
c)
bulgarske fysiske eller juridiske enheder ejer over halvdelen af det eller
d)
det er ejet af en fysisk person eller en juridisk enhed i en EU-medlemsstat, forudsat at bulgarske fysiske personer eller juridiske enheder eller fysiske personer eller juridiske enheder fra en EU-medlemsstat, der er hjemmehørende i Bulgarien, er blevet autoriseret med henblik på udførelse af de tekniske, administrative og andre krav i den bulgarske lovning af skibets ejer og er ansvarlige for at udføre disse opgaver på deres vegne.
Hvad angår hjælpetjenester for offentlig transport, der udføres i bulgarske havne, i havne med national betydning, tildeles rettigheden til at udføre sådanne hjælpetjenester via en koncessionskontrakt. I havne med regional betydning tildeles denne rettighed ved hjælp af en kontrakt med ejeren af havnen.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel havaktivitet, der udføres af et skib, inklusive fiskeri, akvakultur og tjenester i forbindelse med fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Transporttjenester (personbefordring og fragt) af ikke-søgående fartøjer
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC5223, CPC 721, CPC 722, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Kodeks for handelsskibsfart
Lov for Republikken Bulgariens farvand, indre vandveje og havne
Bekendtgørelse om betingelserne for og rækkefølgen for valg af bulgarske transportvirksomheder til personbefordring og godstransport i henhold til internationale traktater
Bekendtgørelse 3 for tjenesteydelse i forbindelse med ubemandede fartøjer
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Transportvirksomhed og alle aktiviteter med relation til hydraulisk teknik og tekniske arbejder under vand, prospektering og udvinding af mineralske og andre uorganiske ressourcer, lodstjenester, bunkring, modtagelse af affald, vand/olie-blandinger og lignende, der udføres i internationalt farvand, det territorielle farvand og på indre vandveje i Bulgarien, må kun udføres af fartøjer, der sejler under bulgarsk flag eller fartøjer, der sejler under en anden EU-medlemsstats flag.
Tjenester, der ydes til ubemandede fartøjer i bulgarske havne og lagre på floden Donau, leveres udelukkende af bulgarske selskaber (stiftelse kræves).
Antallet af tjenesteydere i havnene må begrænses afhængigt af havnens objektive kapacitet, som bestemmes af en ekspertkommission, der er udpeget af ministeren for transport, informationsteknologi og kommunikation
.
Krav om statsborgerskab for hjælpetjenesteydelser. Kaptajnen og den ledende tekniker på fartøjet skal som et krav være statsborgere i en EU- eller EØS-medlemsstat eller i Schweiz. Mindst 25 procent af stillingerne i ledelsen og på driftsniveau samt mindst 25 procent af stillingerne på ordremodtageniveau skal være besat af bulgarske statsborgere.
Sektor:
Transport
Delsektor:
Jernbanetransport
Hjælpetjenester i forbindelse med jernbanetransport
Brancheklassifikation:
CPC 711
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om jernbanetransport, art. 37, 48
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Det er kun tilladt statsborgere i en EU-medlemsstat at levere jernbanetransport og hjælpetjenester til jernbanetransport i Bulgarien. Transportministeren udsteder en licens til jernbaneoperatører, der er registreret som erhvervsaktører, med henblik på at udføre personbefordring og godstransport med jernbane.
Forbehold, der gælder i Kroatien
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om ejerskab og andre materielle rettigheder (statstidende 91/96, 68/98, 137/99, 22/00, 73/00, 114/01, 79/06, 141/06, 146/08, 38/09 i 153/09)
Lov om landbrugsjord (statstidende 152/08, 25/09, 153/09, 21/10, 31/11 og 63/11), art. 2
Beskrivelse:
Investering
Udenlandske virksomheder har kun tilladelse til at erhverve fast ejendom til levering af tjenesteydelser, hvis de er etableret og stiftet i Kroatien som juridiske personer. Erhvervelse af fast ejendom, som er nødvendig for filialers levering af tjenesteydelser, kræver godkendelse fra justitsministeriet. Udlændinge kan ikke erhverve landbrugsjord.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
CPC 861
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om advokatstanden (statstidende 9/94, 51/01, 117/08, 75/09, 18/11)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun medlemmer af Kroatiens advokatsamfund (på kroatisk benævnt »odvjetnici«) kan udøve partsrepræsentation ved domstolene. Krav om statsborgerskab for medlemskab af advokatrådet.
Advokater, der er medlemmer af advokatsamfundet i et andet land, må i forbindelse med retslige procedurer, der involverer internationale elementer, kun udøve partsrepræsentation ved voldgiftsretter eller ad hoc-retter.
Statsborgerskabskrav for at opnå fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for at udøve juridisk repræsentation (statsborgerskab i en EU-medlemsstat).
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabs-, revisions- og bogholderivirksomhed
Brancheklassifikation:
CPC 862
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Revisionslov (statstidende 146/05, 139/08, 144/12)
,
art. 3
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Udenlandske revisionsfirmaer kan levere revisionsydelser på kroatisk territorium, når de har etableret en filial. Revisionen må kun udføres af juridiske personer, som er etableret i Kroatien eller af fysiske personer, der har bopæl i Kroatien.
Sektor:
Forretningstjenesteydelser
Delsektor:
Arkitekttjenester og ingeniørtjenester
Brancheklassifikation:
CPC 8671, CPC 8672, CPC 8673, CPC 8674
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om arkitekt- og ingeniøraktiviteter i fysisk planlægning og anlægsarbejder (statstidende 
152/08, 49/11, 25/13)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En plan eller et projekt, der er udarbejdet af en udenlandsk arkitekt eller ingeniør, skal valideres af en autoriseret fysisk eller juridisk person i Kroatien med hensyn til overholdelsen af kroatisk lov.
Sektor:
Forretningstjenesteydelser
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Veterinærloven (statstidende 41/07, 55/11), art. 89, 106
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun juridiske og fysiske personer, der er etableret med henblik på at udføre veterinære aktiviteter i en EU-medlemsstat, kan levere grænseoverskridende veterinære tjenesteydelser i Kroatien (veterinærloven, statstidende 41/07, 55/11, artikel 89).
Kun statsborgere i en EU-medlemsstat kan etablere en veterinærpraksis i Kroatien (veterinærloven, statstidende 41/07; 55/11, artikel 106).
Sektor:
Distribution
Delsektor:
Detailhandel med lægemidler og detailhandel med medicinsk og ortopædisk udstyr
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om sundhedspleje (statstidende 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12)
Beskrivelse:
Investering
Tilladelse er underlagt en økonomisk behovsprøve. Hovedkriterier: antal eksisterende apoteker og deres geografiske spredning.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom
Brancheklassifikation:
CPC 821, CPC 822
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Ejendomsmæglerloven (statstidende 107/07 og 144/12), art. 2
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Handelsmæssig tilstedeværelse kræves i forbindelse ejendomsmæglertjenester.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tilknyttet teknisk og videnskabelig rådgivning
Brancheklassifikation:
CPC 8675
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bekendtgørelse om krav for udstedelse af godkendelser til juridiske personer med henblik på udførelse af aktiviteter i forbindelse med miljøbeskyttelse (statstidende nr. 57/10), art. 32-35
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Tjenesteydelser vedrørende grundlæggende geologisk og geodætisk konsulentvirksomhed og minerelateret konsulentvirksomhed samt tilknyttede tjenesteydelser i forbindelse med miljøorienteret konsulentvirksomhed på Kroatiens område kan kun leveres sammen med/gennem en indenlandsk juridisk person.
Sektor:
Sundhedsvæsen og sociale tjenesteydelser
Delsektor:
Hospitalstjenester
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 9311, CPC 93192, CPC 93193, CPC 933
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om sundhedspleje (statstidende 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12)
Beskrivelse:
Investering
Etablering af visse privatfinansierede sociale behandlingsfaciliteter kan være underlagt behovsbaserede begrænsninger i særlige geografiske områder.
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Hotel- og restaurationsvirksomhed
Rejsebureau- og turoperatørvirksomhed (herunder turledere)
Turistguidevirksomhed
Brancheklassifikation:
CPC 641, CPC 642, CPC 643, CPC 7471, CPC 7472
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om restaurations- og cateringindustri (statstidende 138/06, 152/08, 43/09, 88/10 i 50/12)
Lov om ydelse af turismetjenester (statstidende nr. 68/07 og 88/10)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Statsborgerskabskrav for restaurations- og cateringydelser i private hjem og på gårde.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om skibsfart (
Pomorski zakonik
), art. 187
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Et søgående skib ejet af en fysisk eller juridisk person, der er hjemmehørende eller har hovedsæde uden for EU må registreres i det kroatiske nationale register og sejle under kroatisk flag, såfremt rederiet/virksomheden, der søger om registrering i registeret, har en handelsmæssig tilstedeværelse i Kroatien.
Sektor:
Transport
Delsektor:
Søtransportydelser: bugserings- og skubningstjenester,
hjælpetjenester i forbindelse med søtransport
Tjenesteydelser i forbindelse med alle typer forsyning
Godsbehandlingsvirksomhed
Lager- og pakhusvirksomhed
Godstransportagenturvirksomhed
Anden hjælpevirksomhed i forbindelse med transport
Brancheklassifikation:
CPC 7214, CPC 741, CPC 742, 745, CPC 741, CPC 742, CPC 748, CPC 749
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om søfartsområde og havne (statstidende 158/03, 100/04, 141/06 i 38/09 (Zakon o pomorskom dobru i morskim lukama). (NN 158/03, 100/04, 141/06 i 38/09)
Beskrivelse:
Investering
Udenlandske juridiske personer skal etablere en virksomhed i Kroatien og tildeles en koncession fra havnemyndighed efter en offentlig udbudsprocedure.
Forbehold, der gælder i Cypern
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om erhvervelse af fast ejendom (udlændinge) (kapitel 109), som ændret ved lov nummer 52 af 1969, 55 af 1972, 50 af 1990 og 54(I) af 2003
Beskrivelse:
Investering
Cypriotiske statsborgere eller personer af cypriotisk oprindelse samt statsborgere i en EU-medlemsstat har tilladelse til at erhverve fast ejendom i Cypern uden begrænsninger.
Ingen udlænding må erhverve fast ejendom, bortset fra ved dødsfald, uden at have fået en tilladelse fra ministerrådet.
Hvad angår udlændinge, hvor erhvervelsen af fast ejendom overskrider behovet for opførelse af et hus eller en erhvervsejendom, eller på anden vis overskrider to donam (2676 sq.), skal enhver tilladelse, der udstedes af ministerrådet, være underlagt de betingelser, begrænsninger og kriterier, som er fastsat i forskriften fra ministerrådet og godkendt af repræsentanternes hus.
En udlænding er en person, som ikke er statsborger i Republikken Cypern, inklusive en udenlandsk kontrolleret virksomhed. Betegnelsen omfatter ikke udlændinge af cypriotisk oprindelse eller ikke-cypriotiske ægtefæller til statsborgere i Republikken Cypern.
Sektor:
Råstofudvinding
Delsektor:
Udvinding af råolie og naturgas
Brancheklassifikation:
ISIC rev 3.1 1110
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om kulbrinter (lov om prospektering, efterforskning og udvinding) af 2007, (lov 4(I)/2007) som ændret ved lov nummer 126(I) af 2013 og 29(I) af 2014
Beskrivelse:
Investering
Ministerrådet kan med henblik på energisikkerheden afvise adgang til og udøvelse af aktiviteter i forbindelse med prospektering, efterforskning, udvinding og udvinding af kulbrinter for enhver enhed, som de facto kontrolleres af Canada eller af canadiske statsborgere.
Ingen enhed må efter tildeling af en autorisation angående prospektering, efterforskning og produktion af kulbrinter komme under direkte eller indirekte kontrol af Canada eller en canadisk statsborger uden forudgående godkendelse fra ministerrådet.
Ministerrådet har ret til at afvise tildeling af en autorisation angående prospektering, efterforskning og produktion af kulbrinter til en enhed, som de facto kontrolleres af Canada eller et tredjeland eller af en canadisk statsborger eller et tredjeland, hvor Canada eller tredjelandet ikke tildeler enheder fra Republikken Cypern eller enheder i EU-medlemsstater sammenlignelig behandling, hvad angår adgang og ret til udøvelse af prospektering, efterforskning med henblik på og udvinding af kulbrinter, i forhold til Republikken Cyperns eller EU-medlemsstaters tildeling af rettigheder til enheder fra Canada eller det pågældende tredjeland.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Advokatloven (kapitel 2), som ændret ved lov nr. 42 af 1961, 20 af 1963, 46 af 1970, 40 af 1975, 55 af 1978, 71 af 1981, 92 af 1983, 98 af 1984, 17 af 1985, 52 af 1985, 9 af 1989, 175 af 1991, 212 af 1991, 9(I) af 1993, 56(I) af 1993, 83(I) af 1994, 76(I) af 1995, 103(I) af 1996, 79(I) af 2000, 31(I) af 2001, 41(I) af 2002, 180(I) af 2002, 117(I) af 2003, 130(I) af 2003, 199(I) af 2004, 264(I) af 2004, 21(I) af 2005, 65(I) af 2005, 124(I) af 2005, 158(I) af 2005, 175(I) af 2006, 117(I) af 2007, 103(I) af 2008, 109(I) af 2008, 11(I) af 2009, 130(I) af 2009, 4(I) af 2010, 65(I) af 2010, 14(I) af 2011, 144(I) af 2011, 116(I) af 2012 og 18(Ι) af 2013
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
Der er krav om bopæl (handelsmæssig tilstedeværelse) og statsborgerskab i en EU-medlemsstat for at opnå medlemskab af advokatsamfundet. Kun advokater, som har opnået medlemskab af advokatsamfundet, må være partnere eller deltagere eller bestyrelsesmedlemmer i et advokatfirma i Cypern.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsvæsens- og bogholderivirksomhed
Revisionsvirksomhed, skatterådgivning
Brancheklassifikation:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220, CPC 863
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 2009 om revisorer og obligatorisk revision af årsregnskaber og konsoliderede regnskaber (lov 42(I)/2009), som ændret ved lov nummer 163(I) af 2013
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Adgang er begrænset til fysiske personer. Canadiske revisorer skal opnå en særlig licens fra finansministeriet, som er underlagt kravet om gensidighed.
Autorisationen er også underlagt en økonomisk behovsprøve. Hovedkriterier: beskæftigelsessituationen i delsektoren. Erhvervssammenslutninger (interessentskaber) mellem fysiske personer er tilladt. Ingen juridiske personer tilladt.
Sektor:
Forretningstjenesteydelser
Delsektor:
Teknisk afprøvning og analyse
Brancheklassifikation:
CPC 8676
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 1988 om registrering af kemikere (lov 157/1988), som ændret ved lov nummer 24(I) af 1992 og 20(I) af 2004
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ydelse af kemiker- og biologtjenester kræver statsborgerskab i en EU-medlemsstat.
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Rejsebureau- og turoperatørvirksomhed (herunder turledere)
Turistguidevirksomhed
Brancheklassifikation:
CPC 7471, CPC 7472
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 1995-2004 om turisme, rejsebureauer og turistguider (N.41(I)/1995-2004)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
En tilladelse til etablering og drift af et turist- og rejseselskab samt fornyelse af et eksisterende selskabs driftsbevilling ydes kun til fysiske eller juridiske personer fra EU.
Ingen ikke-hjemmehørende virksomhed, bortset fra virksomheder, som er etableret i en anden EU-medlemsstat, kan yde de aktiviteter, der er omhandlet i artikel 3 i ovennævnte lov i Republikken Cypern, på organiseret eller permanent basis, medmindre de repræsenteres af en hjemmehørende virksomhed.
Ydelse af turistbureauvirksomhed kræver statsborgerskab i en EU-medlemsstat.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 1963-2005 om handelsskibsfart (registrering af skibe, salg og lån) (lov 45/1963), som ændret ved lov nummer 138(I) af 2003, 169(I) af 2004 og 108(I) af 2005
Beskrivelse:
Investering og internationale søtransporttjenester
Et fartøj må kun registreres i det cypriotiske skibsregister:
a)
hvis over 50 procent af andelene i skibet ejes af statsborgere i en EU-medlemsstat, som, hvis de ikke har fast bopæl i Republikken Cypern, har udpeget en autoriseret repræsentant i Republikken Cypern, eller
b)
hvis skibets samlede andele (100 procent) ejes af en eller flere selskaber, som er blevet etableret og drives:
i)
i overensstemmelse med lovene i Republikken Cypern og har deres registrerede kontor i republikken Cypern
ii)
i overensstemmelse med lovene i enhver anden EU-medlemsstat og har deres registrerede kontor, centraladministration eller primære forretningssted inden for Det Europæiske Økonomiske Samarbejdsområde samt enten har udpeget en autoriseret repræsentant i republikken Cypern eller overdraget skibets ledelse fuldt og helt til et rederi i Cypern eller i EU, der har sit primære forretningssted i Republikken Cypern, eller
iii)
uden for Republikken Cypern eller uden for en anden EU-medlemsstat, men som kontrolleres af statsborgere i en EU-medlemssted, og enten har udpeget en autoriseret repræsentant i republikken Cypern eller overdraget skibets ledelse fuldt og helt til et rederi i Cypern eller i EU, der har sit primære forretningssted i Republikken Cypern. Selskabet skal betragtes som kontrolleret af statsborgere i en EU-medlemsstat, når over halvtreds procent af dets andele ejets af statsborgere i en EU-medlemsstat, eller når flertallet af bestyrelsesmedlemmerne i selskabet er statsborgere i en EU-medlemsstat.
Forbehold, der gælder i Tjekkiet
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 95/1999, sml. (om betingelser i forbindelse med overdragelse af statsejet landbrugsjord og skove til andre enheder)
Lov nr. 503/2012, sml. om kontoret for statsejet jord
Beskrivelse:
Investering
Landbrugsjord og skov kan erhverves af udenlandske fysiske personer, der har fast bopæl i Den Tjekkiske Republik, og virksomheder, der er etableret i Den Tjekkiske Republik.
Der gælder særlige regler for landbrugsjord og skovarealer, som er statens ejendom. 
Statslig landbrugsjord kan kun erhverves af tjekkiske statsborgere, kommuner og offentlige universiteter (med henblik på uddannelse og forskning). Juridiske personer (uanset form eller bopæl) kan kun erhverve landbrugsjord fra staten, hvis en bygning, som de allerede ejer, er beliggende på den, eller hvis disse arealer er nødvendige for anvendelsen af sådanne bygninger. Kun kommuner og offentlige universiteter kan erhverve statsejede skove.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 85/1996 saml., lov om advokatstanden
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Udenlandske advokater i det tjekkiske advokatsamfund i henhold til paragraf 5a, stk. 1, i loven om advokatstanden, har ret til udøvelse af advokatvirksomhed inden for det lands lovgivning, i hvilket de har opnået rettigheder til udøvelse af advokatvirksomhed, og international ret.
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Sektor:
Sundhedsydelser og sociale tjenesteydelser
Delsektor:
Forretnings- og produktionsvirksomhed
Veterinærtjenester
Paramedicinsk personale
Restaurator
Fysioterapeuter
Brancheklassifikation:
CPC 93191, CPC 932, CPC 96322
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 166/1999 sml. (veterinærloven), 
§
58-63, 39
Lov nr. 
381/1991 sml.
 (om Den Tjekkiske Republiks dyrlægekammer), par. 4
Lov 20/1987 sml., om pleje af statsmonumenter
Lov 96/2004 sml., om betingelser for opnåelse og anerkendelse af kvalifikation til udførelse af ikke-medicinske job i sundhedsvæsenet og for udførelse af aktiviteter i forbindelse med sundhedsydelser
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Adgang er begrænset til fysiske personer.
Sektor:
Undervisning
Delsektor:
Undervisning på videregående uddannelsesinstitutioner
Brancheklassifikation:
CPC 92390
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 111/1998 sml. (lov om videregående uddannelse), § 39
Lov nr. 561/2004 sml. om uddannelse på førskoleniveau, grundniveau, sekundært niveau, tertiært niveau og faglig og anden uddannelse (uddannelsesloven)
Beskrivelse:
Investering
Der kræves etablering i EU for at ansøge om statslig godkendelse som en privatfinansieret videregående uddannelsesinstitution. Dette forbehold gælder ikke for teknisk og erhvervsfaglig sekundærundervisning.
Sektor:
Kollektive, sociale og personlige tjenesteydelser
Delsektor:
Tjenester inden for miljøbeskyttelse
Genanvendelsesvirksomhed
Emballering
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 477/2001 sml. (lov om emballage) par. 16
Beskrivelse:
Investering
En autoriseret emballeringsvirksomhed har kun ret til at yde tjenester med henblik på modtagelse og genanvendelse af emballage og skal være en juridisk person, der er etableret som et aktieselskab.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 61/2000 om søfart (§ 5, § 6 og § 28)
Beskrivelse:
Investering og internationale søtransporttjenester
Drift af et skib under nationalt flag forbeholdes statsborgere i en EU-medlemsstat eller juridiske personer, der er etableret i en EU- eller EØS-medlemsstat.
Sektor:
Transport
Delsektor:
Jernbanetransport
Brancheklassifikation:
CPC 711
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 266/1994 sml. om jernbanetransport
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves stiftelse (ingen filialer) med henblik på personbefordring og godstransport samt slæbe- og bugservirksomhed.
Forbehold, der gælder i Danmark
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovbekendtgørelse om erhvervelse af fast ejendom
Lovbekendtgørelse nr. 566 af 28. august 1986 om erhvervelse af fast ejendom, som ændret ved lov nr. 1102 af 21. december 1994 og bekendtgørelse nr. 764 af 18. september 1995
Lov om landbrugsejendomme
Beskrivelse:
Investering
Lovbekendtgørelsen om erhvervelse af fast ejendom gælder for landbrugsland, da udtrykket »fast ejendom« henviser til al fast ejendom og derfor inkluderer landbrugsland og landdistrikter.
Kun personer, som har fast bopæl i Danmark, eller som tidligere har været fast bosiddende i Danmark i mindst fem år, har ret til at erhverve fast ejendom i Danmark. Dette krav gælder også for selskaber, sammenslutninger og andre organer, offentlige eller private institutioner, fonde og velgørende fonde, som ikke har noget registreret kontor i Danmark, og for udenlandske offentlige myndigheder.
Andre personer skal ansøge Justitsministeriet om tilladelse til erhvervelse af fast ejendom, som vil blive givet, hvis ansøgeren agter at benytte den faste ejendom som primær bopæl under opholdet i Danmark eller i forbindelse med selvstændig erhvervsvirksomhed i Danmark.
Erhvervelse af fast ejendom, der skal benyttes som sekundært opholdssted eller sommerhus for ansøgeren, tillades kun, hvis den pågældende person har særlige relationer eller tilknytning til Danmark.
Erhvervelse af fast ejendom for selskaber, sammenslutninger eller andre organer, offentlige eller private institutioner, fonde og almennyttige selskaber, som ikke har noget registreret kontor i Danmark, vil blive tilladt, hvor erhvervelsen er en forudsætning for køberens forretningsaktiviteter.
Erhvervelse af landbrugsland for private eller juridiske personer er også reguleret i loven om landbrugsejendomme, som pålægger begrænsninger for alle personer, danskere eller udlændinge, når der erhverves landbrugsejendom. På tilsvarende vis skal enhver privat eller juridisk person, som ønsker at erhverve en landbrugsejendom, opfylde kravene i begge love.
Et landbrugsforetagende må erhverves af en enkeltperson, forudsat at køberen eller en anden person tager fast bopæl på foretagendet senest seks måneder efter erhvervelsen. Der er ingen begrænsning angående statsborgerskab.
Hvis køberen ikke er statsborger i en EU-eller EØS-medlemsstat, skal køberen også have en tilladelse fra Justitsministeriet, medmindre køberen faktisk bor i Danmark eller formelt har boet i Danmark i mindst fem år.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovbekendtgørelse nr. 1053 af 29. oktober 2009 af retsplejeloven
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Halvfems procent af andelene i et dansk advokatfirma skal være ejet af advokater med dansk autorisation til at virke som advokat eller advokatfirmaer, der er registreret i Danmark. Kun advokater med autorisation til at virke i Danmark kan have sæde i bestyrelsen eller tage del i ledelsen af et dansk advokatfirma. De resterende ti procent kan også være ejet af andre medarbejdere i advokatfirmaet, som ligeledes kan deltage i bestyrelsen og tage del i ledelsen af firmaet.
Kun advokater med autorisation til at virke i Danmark kan markedsføre juridisk rådgivning.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsvæsens- og bogholderivirksomhed
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Revisorloven, lov nr. 468 af 17. juni 2008
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der er krav vedrørende bopæl for at kunne yde revisorvirksomhed.
Udenlandske regnskabsførere kan indgå interessentskab med danske registrerede regnskabsførere efter tilladelse fra Erhvervsstyrelsen.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 433 af 9. juni 2004 om dyrlæger
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Adgang er begrænset til fysiske personer.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 822
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om omsætning af fast ejendom
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I forbindelse med ejendomsmæglervirksomhed fra en fysisk person, der opholder sig på Danmarks territorium, er det kun autoriserede ejendomsmæglere, der er fysiske personer, og som er registreret i ejendomsmæglerregisteret, der må bruge titlen »ejendomsmægler« i overensstemmelse hermed. Der er i § 25, stk. 2, i lov om omsætning af fast ejendom fastsat krav om, hvem der kan blive optaget i registret. Loven kræver, at ansøgeren skal have bopæl i Danmark eller i EU, EØS eller Schweiz. Erhvervsstyrelsen kan fravige bopælskravet.
Loven om omsætning af fast ejendom gælder kun, når der ydes ejendomsmæglervirksomhed til danske forbrugere.
Sektor:
Forretningstjenesteydelser
Delsektor:
Oversættelse og tolkning
Brancheklassifikation:
CPC 87905
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om translatører og tolke, lov nr. 181 af 25. marts 1988, s. 1 og 1a
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I forbindelse med autoriserede oversættelses- og tolketjenester fra en fysisk person, der opholder sig på Danmarks territorium, kræves der en autorisation fra Erhvervsstyrelsen.
Dispensationer fra autorisationskravet for lejlighedsvis og midlertidig ydelse af disse tjenester kan tildeles personer, som er etableret i et tilsvarende erhverv som autoriseret translatør og tolk i en anden EU- eller EØS-medlemsstat eller i Schweiz.
Sektor:
Forretningstjenesteydelser
Delsektor:
Sikkerhedstjenester
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om vagtvirksomhed LBK nr. 227 af 03/03/2010
Beskrivelse:
Investering
Bopælskrav for bestyrelsesmedlemmer.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Apotekerloven, LBK nr. 855 af 04/08/2008
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun fysiske personer har tilladelse til at udøve detailhandel med farmaceutiske produkter og specifikke medicinske artikler til offentligheden.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om Dansk Internationalt Skibsregister, § 1, stk. 2
Søloven, § 1, stk. 2
Lov om havne, s. 9 (6-7) og 10 (4-5)
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Ikke-EU-borgere kan ikke eje fartøjer under dansk flag, undtagen:
a)
via et selskab, der er stiftet i Danmark, dvs. et agentur, en filial eller et datterselskab. Desuden skal fartøjer de facto administreres, kontrolleres og drives af selskabet enten via en statsborger i en EU- eller EØS-medlemsstat eller en person, som har bopæl i Danmark eller
b)
via etablering af et datterselskab i en anden EU- eller EØS-medlemsstat og overførsel af ejerskabet til skibet til denne EU- eller EØS-virksomhed. Denne EU- eller EØS-virksomhed behøver ikke at etablere et agentur, en filial eller et datterselskab, men der skal udpeges en repræsentant i Danmark, og skibet skal de facto administreres, kontrolleres og ledes fra Danmark.
Sektor:
Fiskeri
Transport
Delsektor:
Hjælpevirksomhed i forbindelse med skibsfart
Brancheklassifikation:
CPC 741, CPC 742, CPC 745
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om Dansk Internationalt Skibsregister, § 1, stk. 2
Søloven, § 1, stk. 2
Lov om havne, s. 9 (6-7) og 10 (4-5)
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Når en udenlandsk privat havneoperatør udfører tjenesteydelser i forbindelse med skibsstevedoring og andre skibsrelaterede tjenesteydelser i samarbejde med en dansk kommunal havn, kræves der tilladelse fra transportministeren i henhold til Lov om Havne.
Kommunale havne kræver tilladelse fra transportministeren for at kunne udføre tjenesteydelser i forbindelse med skibsstevedoring og andre skibsrelaterede tjenesteydelser som lodstjenester og bugsering osv. Statsejede havne har ikke tilladelse til at udføre disse tjenesteydelser.
Lov om havne pålægger ikke begrænsninger for private havneoperatører, derfor er det ikke forbudt for udenlandske 
private
 havneoperatører at udføre tjenesteydelser i forbindelse med skibsstevedoring og andre skibsrelaterede tjenesteydelser i danske havne. Dog er udenlandske 
statsejede
 og 
kommunalt ejede
 havneoperatører underlagt begrænsninger i henhold til Lov om Havne.
Sektor:
Energi
Delsektor:
Rørledningstransport af brændstoffer
Brancheklassifikation:
CPC 7131
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bekendtgørelse nr. 724 af 1. juli 2008 om indretning, etablering og drift af olietanke, rørsystemer og pipelines
Beskrivelse:
Investering
Ejeren eller brugeren, der har til hensigt at etablere en pipeline med henblik på transport af råolie eller raffineret olie og olieprodukter samt naturgas skal opnå en tilladelse fra den lokale myndighed, inden arbejdet påbegyndes. Antallet af sådanne udstedte tilladelser kan være begrænset.
Forbehold, der gælder i Estland
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Äriseadustik (handelsloven) § 63
1
, stk. 2, § 385, stk. 1
Beskrivelse:
Investering
En udenlandsk virksomhed skal udpege en direktør eller direktører for en filial. En direktør for en filial skal være en fysisk person med aktiv rets- og handleevne. Mindst en af direktørerne for filialen skal have bopæl i Estland, en EØS-medlemsstat eller i Schweiz.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Advokatuuriseadus (lov om advokatstanden), RT I 2001, 36, 201
Notariaadiseadus (lov om notarer), RT I 2000, 104, 684 Kohtutäituri seadus (lov om fogeder), RT I 2009, 68, 463
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for at kunne udøve juridiske tjenesteydelser inden for estisk lovgivning, inklusive repræsentation ved domstole. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
I forbindelse med juridiske tjenesteydelser bortset fra rådgivende tjenester til klienter med henblik på deres juridiske rettigheder og forpligtelser samt information om juridiske sager er den handelsmæssige tilstedeværelse begrænset til enkeltmandsvirksomheder eller advokatfirmer med begrænset ansvar, hvor der kræves en autorisation fra advokatsamfundet (Advokatuur).
Sektor:
Juridiske tjenesteydelser
Delsektor:
Patentagenter
Statsautoriserede translatører
Brancheklassifikation:
Del af CPC861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Patendivoliniku seadus (lov om patentagenter) § 14, stk. 1
Vandetõlgi seadus (lov om statsautoriserede translatører) § 3, stk. 2
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En patentagent skal være statsborger i en EU-medlemsstat med fast bopæl i Estland.
En statsautoriseret translatør skal være statsborger i en EU-medlemsstat.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Ravimiseadus (lov om lægemidler), RT I 2005, 2, 4; § 25, stk. 3, § 30, § 42
1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Detailhandel med farmaceutiske og specifikke medicinske artikler til offentligheden må kun foregå på et apotek.
Postordresalg af lægemidler samt levering via post eller ekspresservice af lægemidler bestilt via internettet er forbudt.
Etableringstilladelse er underlagt en økonomisk behovsprøve. Hovedkriterier: tætheden i området.
Sektor:
Fiskeri, transport
Delsektor:
Al kommerciel havaktivitet, der udføres af et søgående skib, inklusive fiskeri, akvakultur og tjenester i forbindelse med fiskeri
Transporttjenester (personer og gods) med søgående fartøjer
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev0502, CPC 5133, CPC 5223, CPC 721, CPC 74520
CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om skibsflag og skibsregister
Beskrivelse:
Investering og internationale søtransporttjenester
Retten til at sejle under estisk nationalflag tildeles søgående fartøjer, der ejes af estiske statsborgere samt søgående fartøjer med fælles ejerskab, hvis hovedparten af fartøjets andele er ejet af estiske medejere. Flertalsejerskab af et fartøj, der sejler under estisk flag, forbeholdes statsborgere og juridiske personer fra EU-medlemsstater, forudsat at personen fra en anden EU-medlemsstat har:
a)
bopæl eller en permanent virksomhed i Estland, og at selve skibet ikke anses for at være en virksomhed, eller
b)
en permanent repræsentant, hvis bopæl eller sæde er i Estland, og som er ansvarlig for overensstemmelse med de tekniske, sociale og administrative krav, der er fastlagt for søgående fartøjer i Estland, og som direkte kontrollerer og overvåger brugen af skibet.
Forbehold, der gælder i Finland
Med henblik på forbeholdene i EU og dets medlemsstater betyder et regionalt forvaltningsniveau i Finland Ålandsøerne
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Laki elinkeinon harjoittamisen oikeudesta (lov om retten til at udøve et erhverv) (122/1919), s. 1
Osuuskuntalaki (lov om kooperativer) 1488/2001
Osakeyhtiölaki (lov om virksomheder med begrænset ansvar) (624/2006), Laki luottolaitostoiminnasta (lov om kreditinstitutter) (121/2007)
Beskrivelse:
Investering
Mindst en af interessenterne i et almindeligt interessentskab eller af de almindelige interessenter i et begrænset interessentskab skal have bopæl inden for EØS eller, såfremt interessenten er en juridisk person, være stiftet (ingen filialer tilladt) inden for EØS. Registreringsmyndigheden kan tildele dispensationer.
For at handle som privat erhvervsdrivende kræves bopæl inden for EØS.
Hvis en udenlandsk organisationen fra et land uden for EØS agter at drive virksomhed eller handle ved at etablere en filial i Finland, kræves en handelstilladelse.
Der kræves bopæl inden for EØS for mindst et af de ordinære medlemmer og en af suppleanterne i bestyrelsen og for den administrerende direktør. Registreringsmyndigheden kan tildele virksomhedsdispensationer.
Sektor:
Råstofudvinding
Delsektor:
Minedrift
Tjenesteydelser i tilknytning til mindedrift
Tjenester i forbindelse med videnskabelig og teknisk vejledning
Malmudvinding
Brancheklassifikation:
ISIC rev 3.1 120 , CPC 5115, CPC 883, CPC 8675
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Kaivoslaki (lov om minedrift) (621/2011)
Ydinenergialaki (lov om kerneenergi) (990/1987)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Efterforskning i forbindelse med og udvinding af mineralske ressourcer kræver licens, som tildeles af regeringen med henblik på udvinding af nukleart materiale. Der kræves en tilladelse fra regeringen i forbindelse med tilbagekøb af et minedriftsområde. Tilladelse kan opnås af en fysisk person, der har bopæl i EØS, eller en juridisk person, der er etableret i EØS. Der kan evt. anvendes en økonomisk behovstest.
Sektor:
Dyreavl
Delsektor:
Rensdyravl
Brancheklassifikation:
ISIC rev 3.1 014
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Poronhoitolaki (lov om opdræt af rensdyr) (848/1990), kapitel 1, s. 4
Protokol 3 til traktaten om Finlands tiltrædelse
Beskrivelse:
Investering
Kun statsborgere i en EØS-medlemsstat med bopæl i et område med rensdyrsavl må eje rensdyr og foretage rensdyravl. Der kan tildeles enerettigheder.
Sektor:
Juridiske tjenesteydelser
Delsektor:
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Tavaramerkkilaki (lov om varemærker) (7/1964)
Laki patenttiasiamiehistä (lov om patentagenter) (552/1967)
Laki kasvinjalostajanoikeudesta (lov om planteavleres rettigheder) 1279/2009
Mallioikeuslaki (lov om registrerede design) 221/1971
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En patentagent skal have bopæl inden for EØS for at blive optaget i registeret over patentagenter, hvilket kræves for at kunne udøve professionen.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Laki asianajajista (loven om advokater) (496/1958), s. 1 og 3, Oikeudenkäymiskaari (4/1734) (retsplejeloven)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at opnå medlemskab af advokatsamfundet, hvilket kræves for brug af den finske titel »asianajaja«, er der krav om at have bopæl i EØS. Juridiske tjenesteydelser, inklusive national lovgivning, må også ydes af personer, der ikke er medlemmer af advokatsamfundet.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Tilintarkastuslaki (revisionslov) (459/2007)
Sektorspecifikke love kræver brug af revisorer med lokal licens
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der er krav om at have bopæl i EØS for mindst en af revisorerne i en finsk virksomhed med begrænset ansvar og for virksomheder, som har forpligtelse til at foretage revision.
En revisor skal have en lokal licens eller være et revisionsfirma med lokal licens.
Sektor:
Forretningstjenesteydelser
Delsektor:
Oversættelse
Brancheklassifikation:
Del af CPC 87905
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Laki auktorisoiduista kääntäjistä (lov om statsautoriserede translatører) (1231/2007), s. 2(1)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der er krav vedrørende bopæl i EØS for certificerede translatører.
Sektor:
Andre tjenester
Delsektor:
Tjenesteydelser i forbindelse med begravelser, ligbrænding og bedemandsvirksomhed
Brancheklassifikation:
Del af CPC 9703
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Hautaustoimilaki (lov om begravelsesvirksomhed) (457/2003)
Beskrivelse:
Investering
Ligbrændingstjenester og drift/vedligeholdelse af kirkegårde og gravpladser kan kun udføres af staten, kommunerne, sogne, trossamfund eller non-profit-fonde eller -foreninger.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Merilaki (søfartsloven) 674/1994
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Udenlandske investorer skal have deres hovedkontor i Finland for at kunne registrere et fartøj i det nationale skibsregister.
Et skib kan anses for at være finsk og har kun ret til at sejle under finsk flag, hvis en finsk statsborger eller virksomhed ejer over tres procent af fartøjet.
Sektor:
Transport
Delsektor:
Hjælpevirksomhed i forbindelse med skibsfart
Brancheklassifikation:
CPC 745
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Merilaki (søfartsloven) (674/1994)
Laki elinkeinon harjoittamisen oikeudesta (lov om retten til at udøve et erhverv) (122/1919), s. 4
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Hjælpetjenester i forbindelse med søfartstransport forbeholdes, når de ydes i finsk farvand eller finske indre vandveje, flåder, der opererer under nationalt flag, EU-flag eller norsk flag.
Forbehold, der gælder i Frankrig
Sektor:
Landbrug og jagt
Delsektor:
Brancheklassifikation:
ISIC rev 3.1 011 , ISIC rev 3.1 012 , ISIC rev 3.1 013 , ISIC rev 3.1 014 , ISIC rev 3.1 015
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Code rural et de la pêche maritime: art. R331-1 om etablering og art. L. 529-2 om landbrugskooperativer
Beskrivelse:
Investering
Etablering af landbrug og landbrugsmæssige kooperativer af investorer uden for EU kræver autorisation. Forudgående autorisation kræves for at blive medlem af eller fungere som direktør i et landbrugskooperativ.
Sektor:
Fiskeri
Delsektor:
Fiskeri og akvakultur
Tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
ISIC rev 3.1 050 , CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Code rural et de la pêche maritime: art. L921-3
Beskrivelse:
Investering
Et fransk fartøj, der sejler under fransk flag, kan kun få tildelt en fiskeritilladelse eller få tilladelse til at fiske på baggrund af nationale kvoter, når der er etableret en reel økonomisk forbindelse på Frankrigs territorium, og fartøjet administreres og kontrolleres fra et permanent foretagende med adresse på Frankrigs territorium.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Loi du 31 décembre 1971, art. 56
Loi 90-1258 relative à l'exercice sous forme de société des professions libérales
Loi 90- 1259 du 31 décembre 1990, art. 7
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (fransk ret), herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet. Kun statsborgere i en EØS-medlemsstat eller Schweiz kan opnå medlemskab af advokatsamfundet og har dermed ret til at yde juridiske tjenesteydelser med henblik på fransk lovgivning.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Repræsentation ved 
»Cour de Cassation
« og »
Conseil d'Etat«
er underlagt kvoter
.
I et advokatfirma, der leverer tjenesteydelser for så vidt angår fransk lovgivning eller EU-lovgivning, skal mindst 75 procent af de partnere, der besidder 75 procent af andelene, være fuldgyldige medlemmer af advokatsamfundet i Frankrig.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsvæsens- og bogholderivirksomhed
Revisionsvirksomhed
Skatterådgivning
Brancheklassifikation:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220, CPC 863
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Ordonnance 45-2138 du 19 septembre 1945, arts. 3, 7, 26,27
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Udøvelse af regnskabsvæsens- og bogholderivirksomhed udført af udenlandske tjenesteleverandør kræver en afgørelse fra ministeren for økonomi, finans og erhverv i samråd med udenrigsministeren.
Vedrørende regnskabsvæsens- og bogholderivirksomhed: kun ydelse via SEL (anonyme, à responsabilité limitée ou en commandite par actions), AGC (Association de gestion et comptabilité) eller SCP (Société civile professionnelle). Vedrørende skatterådgivningsvirksomhed, kun ydelse via SEL (anonyme, à responsabilité limitée ou en commandite par actions) eller SCP (Société civile professionnelle).
For lovpligtige revisioner: ydelse via enhver virksomhedsform bortset fra SNC (Société en nom collectif), SCS (Société en commandite simple).
Sektor:
Forretningstjenesteydelser
Delsektor:
Arkitekttjenesteydelser
Brancheklassifikation:
CPC 8671
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Loi 90-1258 relative à l'exercice sous forme de société des professions libérales.
Décret 95-129 du 2 février 1995 relatif à l'exercice en commun de la profession d'architecte sous forme de société en participation.
Décret 92-619 du 6 juillet 1992 relatif à l'exercice en commun de la profession d'architecte sous forme de société d'exercice libéral à responsabilité limitée SELARL, société d'exercice libéral à forme anonyme SELAFA, société d'exercice libéral en commandite par actions SELCA
.
Loi 77-2 du 3 janvier 1977, arts. 12, 13, 14
Beskrivelse:
Investering
En arkitekt må kun etablere sig i Frankrig med henblik på arkitekttjenester via en af de følgende juridiske former (på et ikke-diskriminerende grundlag):
SA et SARL (sociétés anonymes, à responsabilité limitée), EURL (Entreprise unipersonnelle à responsabilité limitée), SCA (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 par actions simplifiée) eller SAS (Société par actions simplifiée) eller som enkeltperson eller som partner i et arkitektfirma.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Code rural et de la pêche maritime arts. L241-1; L241-2; L241-2-1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Krav om statsborgerskab er begrænset til statsborgere i en EU- og EØS-medlemsstat. For så vidt Canada tillader franske statsborgere at yde veterinærtjenester, vil Frankrig tillade canadiske tjenesteydere af levere veterinærtjenester på samme vilkår.
De juridiske former, som er til rådighed for en virksomhed, der yder veterinærtjenester, er begrænset til tre virksomhedstyper: SEP (Société en participation), SCP (Société civile professionnelle) og SEL (Société d'exercice liberal).
Sektor:
Forretningstjenesteydelser
Delsektor:
Tilknyttet teknisk og videnskabelig rådgivning
Brancheklassifikation:
CPC 8675
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
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
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Med henblik på overvågning er der kun adgang via et SEL (anonyme, à responsabilité limitée ou en commandite par actions), SCP (Société civile professionnelle), SA og SARL (sociétés anonymes, à responsabilité limitée).
Udenlandske investorer skal have en særlig tilladelse for at kunne foretage prospektering og efterforskning.
Sektor:
Distribution
Delsektor:
Detailhandel
Brancheklassifikation:
CPC 631, CPC 632
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Art. L752-1 à L752-6 du code de commerce
Beskrivelse:
Investering
Autorisation for store varehuse er underlagt en økonomisk behovsprøve.
Hovedkriterier: de eksisterende stormagasiners antal og betydning, befolkningstætheden, den geografiske spredning, de trafikale forhold og skabelsen af nye arbejdspladser.
Sektor:
Distribution
Delsektor:
Distribution af tobak
Brancheklassifikation:
Del af CPC 6222, del af CPC 6310
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Code général des impôts, art. 568 et articles 276-279 de l'annexe 2 de ce code
Beskrivelse:
Investering
Statsmonopol på engrossalg og detailsalg af tobak.
Krav om statsborgerskab for tobakshandlere (»buralistes«).
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Code de la santé publique, arts. 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 (lov 90-1258 om udøvelse af liberale erhverv i form af et selskab)
Beskrivelse:
Investering
Der kræves statsborgerskab i EØS eller Schweiz for at drive et apotek.
Udenlandske farmaceuter kan få tilladelse til etablering inden for årligt fastsatte kvoter.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag: Kun anonyme, à responsabilité limitée ou en commandite par actions (SEL), société en nom collectif (SNC), société de participations financières de profession libérale de pharmaciens d'officine og SARL
Sektor:
Undervisning
Delsektor:
Privatfinansieret undervisning på primært og sekundært niveau samt undervisning på videregående niveau
Brancheklassifikation:
CPC 921, CPC 922, CPC 923
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Code de l'éducation, art. L 444-5, L 914-4, L 441-8, L 731-8, L 731- 1-8
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-medlemsstat for at undervise i en privatfinansieret undervisningsinstitution.
Dog kan canadiske statsborgere opnå autorisation fra de relevante kompetente myndigheder med henblik på at undervise i undervisningsinstitutioner på primært, sekundært og videregående niveau.
Canadiske statsborgere kan også opnå autorisation fra de relevante kompetente myndigheder med henblik på at etablere og drive eller administrere undervisningsinstitutioner på primært, sekundært og videregående niveau. En sådan autorisation tildeles på et skønsmæssigt grundlag.
Sektor:
Sundhedsydelser og sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 931, CPC 933
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Loi 90-1258 relative à l'exercice sous forme de société des professions libérals, 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, art. L6122-1, L6122-2 (Ordonnance 2010-177 du 23 février 2010)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Mens andre typer retlige former kan anvendes af investorer fra EU, har udenlandske investorer kun adgang til de retlige former »société d'exercice liberal« og »société civile professionnelle«.
Der kræves fransk statsborgerskab med henblik på læge-, tandpleje- og jordmodervirksomhed. Det er dog muligt for udlændinge at få adgang inden for årligt fastsatte kvoter.
Med henblik på læge-, tandpleje- og jordmodervirksomhed og sygeplejeskevirksomhed, må denne kun udføres via anonyme, à responsabilité limitée ou en commandite par actions (SEL) eller SCP.
Med henblik på hospitals- og ambulancevirksomhed, behandlingshjem (bortset fra hospitalsvirksomhed) og sociale tjenesteydelser kræves en autorisation for at udøve ledelsesmæssige funktioner. Autorisationsprocessen inddrager de lokale lederes tilgængelighed.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Code des douanes, art. 219
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Udenlandske investorer, som ikke er statsborgere i en EU-medlemsstat eller ikke er stiftet eller har deres hovedkontor i EU eller EØS, kan ikke eje 50 procent eller mere af et søgående fartøj, der sejler under fransk flag.
Ovennævnte forbehold gælder ikke for skibe, som opfylder kravene om ejerskab for at opnå ret til at sejle under fransk flag efter en leasingmulighed. Det gælder heller ikke for et skib, som er bareboat-charteret for en befragter, der opfylder kravene om ejerskab, og som rent faktisk benytter skibet.
Forbehold, der gælder i Tyskland
Sektor:
Fremstillingsvirksomhed
Delsektor:
Aviser og tidsskrifter, der udkommer mindst fire gange om ugen, og aviser og tidsskrifter, der udkommer under fire gange om ugen
Brancheklassifikation:
ISIC rev 3.1223, ISIC rev 3.1 224
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt — Regionalt (under forbundsniveau)
Foranstaltninger:
§ 10 Abs. 1 Nr. 4 Landesmediengesetz (LMG) Rheinland-Pfalz v. 4. Februar 2005, GVBl. S. 23 in der Fassung vom 20. Dezember 2011, GVBl. S. 427
§ 9 Abs. 1 Nr. 1 Gesetz über die Presse Baden-Württemberg (LPG BW) v. 14 Jan. 1964, GBl. S.11, geändert durch Gesetz v. 17. Dez. 2009, GBl. S. 809
§ 9 Abs. 1 Nr. 1 Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW) v. 24. Mai 1966 (GV. NRW. S. 340), zuletzt geändert durch Artikel 7 des Gesetzes vom 18. November 2008 (GV. NRW. S. 706)
§ 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 zuletzt geändert durch Gesetz v. 18. Nov. 2009, GVBl. S. 674
§ 10 Abs. 1 Nr. 1 Brandenburgisches Landspressegesetz (BbgPG) v. 13. Mai 1993, GVBl. I/93, S. 162, zuletzt geändert durch Gesetz v. 21. Juni 2012, GVBl. I/12, S. 1
§ 9 Abs. 1 Nr.1 Gesetz über die Presse Bremen (BrPrG), Brem. GBl. 1965, S. 63; zuletzt geändert durch Nr. 2.1 i.V.m. Anl.1 ÄndBek vom 24.1.2012 (Brem.GBl. S.24)
§ 7 Abs. 3 Nr. 1 Hessisches Pressegesetz (HPresseG) v. 12. Dezember 2004, GVBl. 2004 I S.2, zuletzt geändert durch Gesetz vom 13. Dezember 2012, GVBl. S. 622
§ 7 Abs. 2 i.V.m § 9 Abs.1 Ziffer 1 Thüringer Pressegesetz (TPG) v. 31. Juli 1991, GVBl. 1991 S. 271 in der Fassung v. 16. Juli 2008, GvBl. S. 243
§ 9 Abs. 1 Nr. 1Hamburgisches Pressegesetz v. 29. Januar 1965, HmbGVBl., S. 15, in der Fassung v. 15. Dez. 2009, HmbGVBl. S. 444, 447
§ 6 Abs. 2 Sächsisches Gesetz über die Presse (SächsPresseG) v. 3. April 1992, SächsGVBl. S. 125 zuletzt geändert durch Gesetz v. 13. August 2009, SächsGVBl. S. 438
§ 8 Abs. 2 Niedersächsisches Pressegesetz v. 22. März 1965, GVbl. S. 9 zuletzt geändert durch Artikel 2 des Gesetzes vom 11.10.2010 (Nds. GVBl. S. 480)
§ 9 Abs. 1 Nr. 1 Saarländisches Mediengesetz (SMG) vom 27. Februar 2002 (Amtsbl. S. 498), zuletzt geändert durch Art. 1 ÄndG vom 22. 4. 2013 (Amtsbl. I S. 111)
Art. 5 Abs. 2 Bayerisches Pressegesetz in der Fassung der Bekanntmachung v. 19. April 2000 (GVBl, S. 340), zuletzt geändert durch Gesetz v. 22.12.2009 (GVBl. S. 630)
Beskrivelse:
Investering
Enhver offentligt distribueret eller trykt avis eller ethvert tidsskrift skal tydeligt angive en »ansvarshavende redaktør« (det fulde navn og adresse på en fysisk person).
Den ansvarshavende redaktør kan kræves at have fast bopæl i Tyskland, EU eller et EØS-land. Dispensationer kan gives af forbundsindenrigsministeren.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
§ 59e, § 59f, § 206 Bundesrechtsanwaltsordnung (BRAO; forbundslovgivning om advokatvirksomhed)
Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (tysk ret), herunder møderet ved domstolene. Kun advokater fra EØS-lande kan opnå medlemskab af advokatsamfundet og har dermed ret til udøvelse af advokatvirksomhed (tysk ret) (EuRAG).
Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
I henhold til forbundslovgivningen om advokatvirksomhed (§§ 59e, 59f BRAO) er det kun tyske advokater, EØS-advokater, EU-advokater eller advokater fra Schweiz, der har tilladelse til at yde juridiske tjenesteydelser via handelsmæssige tilstedeværelser i form af et Anwalts-GmbH eller Anwalt-AG. Advokater fra andre lande (§ 206 BRAO) må kun have deres handelsmæssige tilstedeværelse i form af minoritetsandele i et Anwalts-GmbH eller Anwalt-AG.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser: patentadvokater
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
§ 52e, § 52 f, § 154a und § 154 b Patentanwaltsordnung (PAO)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Patentadvokater fra tredjelande (ikke-EU-, -EØS-medlemsstater eller Schweiz) har ikke tilladelse til at virke som patentadvokater (§ 154a PAO) i Tyskland.
I henhold til Patentanwaltsordnung (§§ 52e, 52f PAO) er det kun tyske patentadvokater, EØS-patentadvokater, EU-patentadvokater eller patentadvokater fra Schweiz, der har tilladelse til at yde juridiske tjenesteydelser via handelsmæssige tilstedeværelser i form af et Patentanwalts-GmbH eller Patentanwalt-AG. Patentadvokater fra andre lande (§ 154a PAO) må kun have deres handelsmæssige tilstedeværelse i form af minoritetsandele i et Patentanwalts-GmbH eller Patentanwalt-AG.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabstjenesteydelser
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211, CPC 86212 (bortset fra regnskabsvirksomhed), CPC 86213, CPC 86219, CPC 86220)
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Handelsgesetzbuch, HGB (handelsloven)
Wirtschaftsprüferordnung, WPO (lov om statsautoriserede revisorer)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Revisionsvirksomheder (»Wirtschaftsprüfungsgesellschaften«) må kun antage bestemte tyske juridiske former. Stiftede virksomheder, aktieselskaber, virksomheder med begrænset ansvar, almindelige interessentskaber, begrænsede erhvervsinteressentskaber, andre interessentskaber og europæiske virksomheder (SE) kan anerkendes som »Wirtschaftsprüfungsgesellschaften«. Almindelige interessentskaber og begrænsede erhvervsinteressentskaber kan anerkendes som »Wirtschaftsprüfungsgesellschaften«, hvis de er oplistet som handelsinteressentskaber i handelsregisteret på baggrund af deres betroede aktiviteter, art. 27 i WPO. Enheden »GmbH & Co. Kommanditgesellschaft« må udføre regnskabs- og revisionsvirksomhed.
Etablering i EU er påkrævet for at yde revisionstjenester. Dog må revisorer fra Canada, der er registreret i henhold til art. 134 i WPO, udføre lovpligtig revision af årsregnskaber eller levere konsoliderede årsregnskaber for en virksomhed med hovedsæde uden for EU, hvis værdipapirer udbydes på et reguleret marked.
Sektor:
Forretningstjenesteydelser
Delsektor:
Læge- og tandlægevirksomhed
Jordemodervirksomhed
Tjenester ydet af sygeplejersker
Brancheklassifikation:
CPC 9312, CPC 93191
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt — Regionalt (under forbundsniveau)
Foranstaltninger:
Bundesärzteordnung (forbundsbekendtgørelse for læger)
Gesetz über die Ausübung der Zahnheilkunde
Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und Jugendlichenpsychotherapeuten (lov om ydelse af psykologtjenester af 16.7.1998)
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 Musterberufordnung fuer Aerzte (tysk lov om erhvervskodeks for læger)
§95,§ 99 ff. SGB V (sociallovbog nr. V), lovmæssig sundhedsforsikring
§ 1 Absatz 2 and Absatz 5 Hebammengesetz (lov om jordemordervirksomhed),
§ 291b SGB V (sociallovbog nr. V) om E-sundhedsudbydere
Heilberufekammergesetz des Landes Baden-Württemberg in der Fassung vom 16. 3. 1995 (GBl. BW af 17.5.1995 S. 314), zuletzt geändert durch Artikel 2 des Gesetzes zur Änderung des Landespflegegesetzes und anderer berufsrechtlicher Vorschriften vom 15.6.2010 (GBl. BW af 22.06.2010, side 427, 431)
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 vom 06.02.2002 (BAY GVBl 2002, side 42)
Gesetz über die Kammern und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und Jugendpsychotherapeuten (Berliner Kammergesetz) vom 04.09.1978 (Berliner GVBl. page 1937, rev. page 1980), zuletzt geändert durch Artikel I Elftes Änderungsgesetz vom 17.03.2010 (Berliner GVBl. side 135)
§ 31 Heilberufsgesetz Brandenburg (HeilBerG) vom 28.04.2003, zuletzt geändert durch Artikel 2 des Gesetzes vom 11.06.2008 (GVBl. I side 134, 139)
Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker (Heilberufsgesetz — HeilBerG) vom 12.05.2005, zuletzt geändert durch Artikel 2 Gesetz zur Umsetzung der EU-Dienstleistungsrichtlinie im Land Bremen und Novellierung weiterer Rechtsnormen vom 24.11.2009 (Brem.GBl. side 535)
§ 29 Heilberufsgesetz (HeilBG NRW) von 09.05.2000 in der Fassung vom 17.12.2009 (GV. NRW 2009, side 865)
§ 20 Heilberufsgesetz (HeilBG Rheinland-Pfalz) von 07.02.2003 in der Fassung vom 15.09.2011 (GV. R-Pf 2011, side 425)
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) vom 24.05.1994 (SächsGVBl. side 935), zuletzt geändert durch Artikel 2 Absatz 5 des Gesetzes vom 19.05.2010 (SächsGVBl. side 142 og 143)
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) vom 19.11.2007, zuletzt geändert durch Gesetz vom 19.11.2008 (ABl. side 1930)
Thüringer Heilberufegesetz vom 29. Januar 2002 (GVBl 2002, 125) zuletzt geändert durch Artikel 14 des Gesetzes vom 8. Juli 2009 (GVBl 2009, 592)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Geografiske begrænsninger kan pålægges erhvervsmæssig registrering, som både gælder for statsborgere og ikke-statsborgere. Læger (inklusive psykologer, psykoterapeuter og tandlæger) skal registreres i de regionale lovmæssige sygekasser for læger eller tandlæger (kassenärztliche eller zahnärztliche Vereinigungen), hvis de ønsker at behandle patienter, der er forsikret af de lovmæssige sygekasser. Denne registrering kan være underlagt kvantitative begrænsninger på baggrund af den regionale fordeling af læger. Denne begrænsning gælder ikke for tandlæger. Registrering er kun påkrævet for læger, der deltager i den offentlige sundhedsordning. Ikke-diskriminatoriske begrænsninger i virksomhedens juridiske form gælder for at måtte levere disse tjenester (§ 95 SGB V).
Med henblik på læge-, tandpleje- og jordmodervirksomhed er adgangen kun begrænset til at gælde fysiske personer.
Den kan gælde krav om etablering.
Telemedicin må kun ydes i forbindelse med en primær behandling, der involverer forudgående fysisk tilstedeværelse af en læge.
Antallet af ICT-tjenesteydere (informations- og kommunikationsteknologi) kan være begrænset med henblik på at garantere interoperabilitet, kompatibilitet og nødvendige sikkerhedsstandarder. Dette gælder på ikke-diskriminatorisk vis.
Sektor:
Sundhedsydelser og sociale tjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med sundheds- og socialvæsen
Hospitaler
Ambulancetjenester
Redningstjenester
Brancheklassifikation:
CPC 931, CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt — Regionalt (under forbundsniveau)
Foranstaltninger:
Bundesärzteordnung (forbundsbekendtgørelse for læger)
Gesetz über die Ausübung der Zahnheilkunde
Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und Jugendlichentherapeuten (lov om psykoterapeutisk virksomhed af 16.7.1998)
Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung
Gesetz über den Beruf der Hebamme und des Entbindungspflegers
Gesetz über den Beruf der Rettungsassistentin und des Rettungsassistenten
Gesetz über die Berufe in der Krankenpflege
Gesetz über die Berufe in der Physiotherapie
Gesetz über den Beruf des Logopäden
Gesetz über den Beruf des Orthoptisten und der Orthoptistin
Gesetz über den Beruf der Podologin und des Podologen
Gesetz über den Beruf der Diätassitentin und des Diätassistenten
Gesetz über den Beruf der Ergotherapeutin und des Ergotherapeuten
Bundesapothekerorndung
Gesetz über den Beruf des pharmazeutisch-technischen Assistenten
Gesetz über technische Assistenten in der Medizin, Personenbeförderungsgesetz (lov om personbefordring)
Gesetz über den Rettungsdienst (Rettungsdienstgesetz — RDG) in Baden-Württember vom 08.02.2010 (GBl. 2010, side 285)
Bayerisches Rettungsdienstgesetz (BayRDG) vom 22.07.2008 (GVBl 2008, side 429)
Gesetz über den Rettungsdienst für das Land Berlin (Rettungsdienstgesetz) vom 08.07.1993 (GVBl. side 313) geändert durch Anlage Nr. 33 des 7. Aufhebungsgesetzes vom 04.03.2005 (GVBl. side 125)
Gesetz über den Rettungsdienst im Land Brandenburg (BbgRettG) in der Fassung vom 18.05.2005
Gesetz über den Rettungsdienst im Lande Bremen (BremRettDG) vom 22.09.1992, zuletzt geändert durch das Gesetz vom 26.05.1998
Hamburgisches Rettungsdienstgesetz (HmbRDG) vom 09.06.1992, zuletzt geändert am 27.09.1995
Gesetz zur Neuordnung des Rettungsdienstes in Hessen (HRDG) vom 24.11.1998
Gesetz über den Rettungsdienst für das Land Mecklenburg-Vorpommern (RDGM-V) vom 01.07.1993, geändert durch Erstes Gesetz zur Änderung des RDGM-V vom 29.05.1998
Niedersächsisches Rettungsdienstgesetz (NRettDG) vom 02.10.2007 (GVBl, side 473, zuletzt geändert am 22.02.2012 (GVBl. side 18)
Gesetz über den Rettungsdienst sowie die Notfallrettung und den Krankentransport durch Unternehmer (RettG NRW) vom 09.11.1992, zuletzt geändert am 06.07.2004.
Landesgesetz über den Rettungsdienst sowie den Notfall- und Krankentransport (RettDG) vom 22.04.1991
Saarländisches Rettungsdienstgesetz (SRettG) vom 09.02.1994, zuletzt geändert am 27.11.1996
Gesetz zur Neuordnung des Brandschutzes, Rettungsdienstes und Katastrophenschutzes im Freistaat Sachsen vom 24.06.2004
Rettungsdienstgesetz des Landes Sachsen-Anhalt (RettDG LSA) vom 07.11.1993
Gesetz über die Notfallrettung und den Krankentransport im Land Schleswig-Holstein (RDG) vom 29.11.1991
Thüringer Rettungsdienstgesetz (ThüRettG) vom 22.12.1992
§ 8 Krankenhausfinanzierungsgesetz (lov om finansiering af hospitaler)
§§ 14, 30 Gewerbeordnung (tysk lovbekendtgørelse om handel og industri)
§ 108 Sozialgesetzbuch V (sociallovbog nr. V) Lovmæssig sundhedsforsikring
§ 291b SGB V (sociallovbog nr. V) E-sundhedsudbyder
§ 15 Sozialgesetzbuch VI (SGB VI, sociallovbog nr. VI)
§ 34 Sozialgesetzbuch VII (SGB VII, sociallovbog nr. VII), ulykkesforsikring
§ 21 Sozialgesetzbuch IX (SGB IX, sociallovbog nr. IX) Rehabilitation und Teilhabe behinderter Menschen)
§ 72 Sozialgesetzbuch XI (SGB XI, sociallovbog nr. XI), social plejeforsikring Landespflegegesetze
Gesetz zur Umsetzung der Pflegeversicherung in Baden-Württemberg (Landespflegegesetz — LPflG) vom 11. September 1995, zuletzt geändert sowie Abschnitt 7 neu gefasst durch Arti-kel 1 des Gesetzes vom 15. Juni 2010 (GBl. S. 427)
Gesetz zur Ausführung der Sozialgesetze (AGSG) vom 8. Dezember 2006, zuletzt geändert durch § 3 des Gesetzes vom 20. Dezember 2011 (GVBl. S. 689)
Gesetz zur Planung und Finanzierung von Pflegeeinrichtungen (Landespflegeeinrichtungsgesetz — LPflegEG) vom 19. Juli 2002, zuletzt geändert durch Gesetz vom 19. Dezember 2005 (GVBl. S. 792)
Gesetz zur Umsetzung des Elften Buches Sozialgesetzbuch
(Landespflegegesetz — LPflegeG) Vom 29. Juni 2004, zuletzt geändert durch Artikel 1 des Gesetzes vom 12. Juli 2011 (GVBl. I S. 15)
Gesetz zur Ausführung des Pflege-Versicherungsgesetzes im Lande Bremen und zur Änderung des Bremischen Ausführungs-gesetzes zum Bundessozialhilfegesetz (BremAGPflegeVG) vom 26. März 1996, zuletzt geändert durch Gesetz vom 28. Februar 2012 (GBl. S. 149)
Hamburgisches Landespflegegesetz (HmbLPG) vom 18. September 2007, zuletzt geändert durch Gesetz vom 22. Juni 2010 (GVBl. S. 440)
Hessisches Ausführungsgesetz zum Pflege-Versicherungsgesetz vom 19. Dezember 1994, zuletzt geändert durch Gesetz vom 30. April 1997 (GVBl. I S. 74)
Landespflegegesetz (LPflegeG M-V) vom 16. Dezember 2003, zuletzt geändert durch Artikel 3 des Gesetzes vom 29. September 2010 (GVBl. S. 534)
Gesetz zur Planung und Förderung von Pflegeeinrichtungen nach dem Elften Buch Sozialgesetzbuch (Niedersächsisches Pflegegesetz — NPflegeG) vom 26. Mai 2004, zuletzt geändert durch Art.1 des Haushaltsbegleitgesetzes vom 17. Dezember 2010 (Nds.GVBl. S.631)
Gesetz zur Umsetzung des Pflege-Versicherungsgesetzes (Landespflegegesetz Nordrhein-Westfalen — PfG NW) vom 19. März 1996, zuletzt geändert durch Teil I Artikel 17 des Gesetzes vom 3. Mai 2005 (GVBl. S. 498)
Landesgesetz zur Sicherstellung und Weiterentwicklung der pflegerischen Angebotsstruktur (LPflegeASG) vom 25. Juli 2005 (GVBl 2005, S. 299) — (Rheinland-Pfalz)
Saarländisches Gesetz Nr. 1355 zur Planung und Förderung von Pflegeeirich-tungen vom 21. Juni 1995, zuletzt geändert durch Gesetzes vom 1. Juli 2009 (ABl. S. 1217)
Sächsisches Pflegegesetz (SächsPflegeG) vom 25. März 1996 ist zum 31.12.2002 außer Kraft getreten)
Ausführungsgesetz zum Pflege-Versicherungsgesetz (PflegeV-AG) vom 7. August 1996, zuletzt geändert durch Art. 1 des Ge-setzes vom 10. August 2007 (GVBl. S. 306)
Ausführungsgesetz zum Pflege-Versicherungsgesetz (Landes-pflegegesetz — LPflegeG) vom 10. Februar 1996, zuletzt geändert durch Art. 63 LVO vom 15. September 2010 (GVOBl. S. 575)
Thüringer Gesetz zur Ausführung des Pflege-Versicherungs-gesetzes (ThürAGPflegeVG) vom 20. Juli 2005, zuletzt geändert durch Gesetz vom 8. Juni 2010 (GVBl. S. 206)
Personenbeförderungsgesetz (lov om personbefordring),
Landeskrankenhausgesetz Baden-Württemberg vom 29.11.2007, geändert durch Universitätsmedizingesetz vom 07.02.2011
Den bayerske lov om hospitaler (Bayerisches Krankenhausgesetzes — BayKrG) vom 28.03.2007, geändert durch das Nachtragshaus¬halts¬gesetz 2008 vom 23.04.2008, s. 2 og 3
§§ 12, 13, 14 Krankenhausentwicklungsgesetz Brandenburg (BbgKHEG) vom 08.07.2009 (GVBl. I/09, side 310)
Berliner Gesetz zur Neuregelung des Krankenhausrechts vom 18.09.2011 (GVBl. side 483)
Bremisches Krankenhausgesetz (BrmKrHG) vom 12.04.2011 (Gesetzblatt Bremen vom 29.04.2011)
Hamburgisches Krankenhausgesetz (HmbKHG) vom 17.04.1991 (HmbGVBl. side 127), geändert durch zweites ÄndG vom 06.10.2006 (HmbGVBl. side 510)
§§ 17-19 Hessisches Krankenhausgesetz 2011 (HKHG 2011) vom 21.12.2010 (GVBl. I 2010, side 587)
Krankenhausgesetz für das Land Mecklenburg-Vorpommern (LKHG M-V) vom 20.05.2011 (GVOBl. M-V 2011, side 327),
Niedersächsisches Krankenhausgesetz (NKHG) vom 19.01.2012 (Nds. GVBl. Nr. 1 vom 26.01.2012, side 2)
Krankenhausgestaltungsgesetz des Landes Nordrhein-Westfalen (KHGG NRW) vom 11.12.2007 (GV. NRW side 702), geändert am 16.03.2010 (GV. NRW side 184)
§ 6 Landeskrankenhausgesetz Rheinland-Pfalz (LKG Rh-Pf) in der Fassung vom 01.12.2010 (GVBl. side 433)
Saarländisches Krankenhausgesetz (SKHG) vom 13.07.2005, zuletzt geändert durch Gesetz vom 18.11.2010 (Saarl. Amtsbl. I side 1420)
Gesetz zur Ausführung des Krankenhausfinanzierungsgesetzes (AG-KHG) in Schleswig-Holstein vom 12.12.1986 (GVOBl. Schl.-H. side 302), zuletzt geändert am 12.10.2005
§ 3 Krankenhausgesetz Sachsen-Anhalt (KHG LSA) vom 14.04.2005 (GVBl. LSA 2005, side 202)
Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz — SächsKHG) vom 19.08.1993 (Sächs GVBl. side 675), zuletzt geändert durch Sächsisches Standortegesetz vom 27.01.2012 (SächsGVBl. side 130)
§ 4 Thüringischer Krankenhausgesetz (Thür KHG) in der Fassung der Neubekanntmachung 30.04.2003 (GVBl. side 262)
Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz — SächsKHG) vom 19. August 1993 (SächsGVBl. page 675), zuletzt geändert durch Artikel 50 des Gesetzes vom 27. Januar 2012 (SächsGVBl. side 130, 147)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Redningstjenester og »kvalificerede ambulancetjenester« er organiseret og reguleret af delstaterne (Länder). De fleste delstater uddelegerer kompetencer i forbindelse med redningstjenester til kommunerne. Kommunerne har tilladelse til at foretrække non-profit-organisationer som operatører. Dette gælder på lige fod for udenlandske og nationale tjenesteydere. Ambulancetjenester er underlangt planlægning, tilladelse og akkreditering.
Telemedicin må kun ydes i forbindelse med en primær behandling, der involverer forudgående fysisk tilstedeværelse af en læge.
Antallet af ICT-tjenesteydere (informations- og kommunikationsteknologi) kan være begrænset med henblik på at garantere interoperabilitet, kompatibilitet og nødvendige sikkerhedsstandarder. Dette gælder på ikke-diskriminatorisk vis.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt — Regionalt (under forbundsniveau)
Foranstaltninger:
Forbundslov for dyrlægeerhvervet (Bundes- Tierärzteordnung in der Fassung der Bekanntmachung vom 20. November 1981 (BGBl. I S. 1193), die zuletzt durch Artikel 22 des Gesetzes vom 06.12.2011 (BGBl. I S. 2515) geändert worden ist, § 4Abs. 2)
under centralt niveau:
Delstaternes love for lægevirksomhed og lægekamre (Heilberufs- und Kammergesetze der Länder) og (baseret på disse) Baden-Württemberg
,
 Gesetz über das Berufsrecht und die Kammern der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen Psychotherapeuten sowie der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz — HBKG) in der Fassung vom 16.03.1995
Bayern, Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz — HKaG) in der Fassung der Bekanntmachung vom 06.02.2002
Berlin, Gesetz über die Kammern und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und Jugendlichenpsychotherapeuten (Berliner Kammergesetz) in der Fassung vom 04.091978 (GVBl. S. 1937), zuletzt geändert durch Gesetz vom 17.03.2010 (GVBl. S. 135)
Brandenburg, Heilberufsgesetz (HeilBerG) Vom 28.04.2003 (GVBl.I/03, [Nr. 07], S.126), zuletzt geändert durch Artikel 18 des Gesetzes vom 13.03.2012 (GVBl.I/12, [Nr. 16]
Bremen, Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker (Heilberufsgesetz — HeilBerG) vom 12.05.2005, (Brem.GBl. S. 149) Zuletzt geändert durch Nr. 2.1 i.V.m. Anl. 1 ÄndBek vom 24.01.2012 (Brem.GBl. S. 24)
Hamburg, Hamburgisches Kammergesetz für die Heilberufe (HmbKGH) Vom 14.12.2005 Zum Ausgangs- oder Titeldokument (HmbGVBl. 2005, S. 495) zuletzt geändert durch Gesetz vom 02.03.2010 (HmbGVBl. S. 247)
Hessen, Gesetz über die Berufsvertretungen, die Berufsausübung, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und Jugendlichenpsychotherapeuten (Heilberufsgesetz) in der Fassung vom 07.02.2003, zuletzt geändert durch Artikel 3 des Gesetzes vom 14.05.2012 (GVBl. S. 126)
Mecklenburg-Vorpommern, Heilberufsgesetz (HeilBerG) Vom 22.01.1993 (GVOBl. M-V 1993, S. 62) zuletzt geändert durch Artikel 3 des Gesetz zur Ergänzung und Änderung von Gesundheitsrecht und zur Änderung des Aufgabenzuordnungsgesetzes vom 06.07.2011
Niedersachsen, Kammergesetz für die Heilberufe
(HKG) in der Fassung vom 08.12.2000 zuletzt geändert durch Gesetz vom 09.05.2012 (Nds. GVBl. S. 100)
Nordrhein-Westfalen, Heilberufsgesetz NRW (HeilBerg) vom 9. Mai 2000 (GV. NRW. 2000 S. 403ff.) zuletzt geändert durch Gesetz vom 17. Dezember 2009 (GV.NRW 2009 S. 865f)
Rheinland-Pfalz, Heilberufsgesetz (HeilBG) vom 20.10.1978, zuletzt geändert durch Artikel 4 des Gesetzes vom 27.10.2009 (GVBl. S. 358)
Saarland, Gesetz Nr. 1405 über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die Berufsgerichtsbarkeit der Ärzte/Ärztinnen, Zahnärzte/Zahnärztinnen, Tierärzte/Tierärztinnen und Apotheker/Apothekerinnen im Saarland (Saarländisches Heilberufekammergesetz — SHKG) vom 11.03.1998 in der Fassung der Bekanntmachung vom 19.11.2007 (Amtsbl. S. 2190) geändert durch das Gesetz vom 19.11.2008 (Amtsbl. S. 1930)
Sachsen, Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten im Freistaat Sachsen (Sächsisches Heilberufekammergesetz — SächsHKaG) vom 24.05.1994, Rechtsbereinigt mit Stand vom 5. Juni 2010
Sachsen-Anhalt, Gesetz über die Kammern für Heilberufe Sachsen-Anhalt (KGHB-LSA) vom 13.07.1994 (GVBl. LSA 1994, S. 832) zuletzt geändert durch Artikel 4 des Gesetzes vom 02.02.2011 (GVBl. LSA S. 58)
Schleswig-Holstein, Gesetz über die Kammern und die Berufsgerichtsbarkeit für die Heilberufe (Heilberufekammergesetz — HBKG) vom 29. Februar 1996, zuletzt geändert durch Gesetz vom 13.07.2011 (GVOBl. S. 221)
Thüringen, Thüringer Heilberufegesetz (ThürHeilBG) in der Fassung der Bekanntmachung vom 29.01.2002 (GVBl 2002, S. 125) zuletzt geändert durch Artikel 14 des Gesetzes vom 08.07.2009 (GVBl. S. 592)
Dyrlægekamrenes erhvervsregulering (
Berufsordnungen der Kammern
)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Adgang er begrænset til fysiske personer.
Telemedicin må kun ydes i forbindelse med en primær behandling, der involverer forudgående fysisk tilstedeværelse af en læge.
Sektor:
Forretningstjenesteydelser
Delsektor:
Anvisning af assisterende personale
Brancheklassifikation:
CPC 87201, CPC 87202, CPC 87203
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
§ 1 og 3 Abs 5 Arbeitnehmerüberlassungsgesetz –AÜG, § 292 SGB III,§ 42 Beschäftigungsverordnung
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-medlemsstat eller en handelsmæssig tilstedeværelse i EU for at opnå licens til at drive at vikarbureau (i henhold til s. 3, stk. 2 og 3, i denne lov)
Forbundsministeriet for Arbejds- og Socialspørgsmål må udstede en forskrift vedrørende placering og rekruttering af ikke-EU- og ikke-EØS-personale med henblik på bestemte erhverv.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
§ 2 para 2, § 11a Apothekengesetz (tysk apotekslov), §§ 43 para. 1, 73 para. 1 Nr. 1a
Arzneimittelgesetz (tysk lov om lægemidler),
§ 11 Abs. 3a Medizinproduktegesetz
Verordnung über Vertriebswege für Medizinprodukte
Beskrivelse:
Investering
Kun fysiske personer har tilladelse til at udøve detailhandel med farmaceutiske produkter og specifikke medicinske artikler til offentligheden.
Bopælskrav for at få licens som farmaceut eller at åbne et apotek med henblik på detailsalg af farmaceutiske produkter og visse medicinske artikler til offentligheden.
Statsborgere fra andre lande eller personer, der ikke har bestået den tyske farmaceuteksamen, kan kun opnå tilladelse til at overtage et apotek, der allerede har eksisteret i de foregående tre år.
Det samlede antal apoteker pr. person er begrænset til et apotek og op til tre filialapoteker.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
§ 1 und § 2 Flaggenrechtsgesetz vom 8. Februar 1951 (BGBl. I S. 79), das durch Artikel 561 der Verordnung vom 31. August 2015 (BGBl. I S. 1474) geändert worden ist. § 3 Abs. 2 Schiffsregisterordnung in der Fassung der Bekanntmachung vom 26. Mai 1994 (BGBl. I S. 1133), die zuletzt durch Artikel 156 der Verordnung vom 31. August 2015 (BGBl. I S. 1474) geändert worden ist.
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
For at registrere et søgående fartøj i det nationale skibsregister, skal størstedelen af andelene i et fartøj være ejet af statsborgere i en EU-medlemsstat eller virksomheder, som er etableret i henhold til EU-lovgivning, og som har deres hovedforretningssted i en EU-medlemsstat. Skibet skal anvendes og kontrolleres af personer, der har bopæl i Tyskland.
Sektor:
Transport
Delsektor:
Skibsfart
Hjælpevirksomhed i forbindelse med skibsfart
Skibsudlejning
Leasing eller udlejning af skibe uden personale
Brancheklassifikation:
CPC 72, CPC 745, CPC 83103, CPC 86751, CPC 86754, CPC 8730
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forpligtelser
Forvaltningsniveau:
Nationalt — Regionalt (under forbundsniveau)
Foranstaltninger:
§§ 1, 2 Flaggenrechtsgesetz (lov om flagbeskyttelse),§ 2 Verordnung über die Küstenschifffahrt vom 05.07. 2002
§§ 1, 2 Binnenschifffahrtsaufgabengesetz (BinSchAufgG)
Vorschriften aus der (Schifffahrts-) Patentverordnung in der Fassung vom 08.04.2008
§ 9 Abs.2 Nr. 1 Seelotsgesetz vom 08.12. 2010 (BGBl. I S. 1864)
§ 1 Nr. 9, 10, 11 und 13 Seeaufgabengesetz (SeeAufgG),
See-Eigensicherungsverordnung vom 19.09.2005 (BGBl. I S. 2787), geändert durch Artikel 516 Verordnung vom 31.10.2006 (BGBl. I S. 2407)
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Et fartøj, som ikke tilhører en statsborger i en EU-medlemsstat, må kun benyttes på de tyske forbundsvandveje efter særlig tilladelse.
Cabotageoperationer må kun udføres af skibe, der sejler under tysk eller en anden EU-medlemsstats flag. Der kan kun udstedes fritagelser for ikke-EU-fartøjer, hvis der ikke er EU-fartøjer til rådighed, eller hvis de er til rådighed på meget ugunstige betingelser, eller på baggrund af princippet om gensidig anerkendelse. Der kan udstedes fritagelser for fartøjer, der sejler under canadisk flag, på baggrund af princippet om gensidig anerkendelse (§ 2 para. 3 KüSchVO)
Alle aktiviteter, der er omfattet af loven om lodsvæsen, er reguleret, og akkreditering er begrænset til statsborgere i en EU-medlemsstat, en EØS-medlemsstat eller Schweiz.
Med henblik på udlejning eller leasing uden operatører kan indgåelse af kontrakter for fragttransport med skibe, der sejler under udenlandsk flag, eller chartring af sådanne skibe være begrænset afhængigt af de skibes disponibilitet, der sejler under tysk flag eller en anden EU-medlemsstats flag.
Transaktioner mellem hjemmehørende og ikke-hjemmehørende vedrørende:
a)
udlejning af skibe til indre vandveje, som ikke er registreret i det økonomiske samarbejdsområde,
b)
godstransport med sådanne skibe til indre vandveje eller
c)
bugseringstjenester med sådanne fartøjer til indre vandveje
inden for det økonomiske samarbejdsområde kan være begrænset.
Forbehold, der gælder i Grækenland
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 1892/90
Beskrivelse:
Investering
Med henblik på udenlandske fysiske eller juridiske personer kræves der en skønsmæssig tilladelse fra forsvarsministeriet for erhvervelse af fast ejendom i grænseområder enten direkte eller via kapitaldeltagelse i en virksomhed, som ikke er registreret af den græske fondsbørs, og som ejer fast ejendom i disse områder, eller enhver ændring af aktieindehaverne af en sådan virksomhed.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Advokatloven (lov 3026/1954), som ændret ved præsidentielt dekret 172/1989
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene. Kun statsborgere i en EØS-medlemsstat eller Schweiz kan opnå medlemskab af advokatsamfundet og har dermed ret til at yde advokatvirksomhed i tilknytning til indenlandsk ret.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Præsidentdekret 226/1992
Lov 3693/2008 om revisionsstandarder (implementering af direktiv 2006/43/EF)
Lov 3386/2005 om adgang for, bopæl for og integration af udenlandske statsborgere i Grækenland
Lov 3844/2010 om tjenesteydelser (implementering af direktiv 2006/123/EF)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-medlemsstat for at opnå en licens som lovpligtig revisor. Ved retsforskrift kan ELTE (Epitropi Logistikis Typopoiissis Kai Elenchon) (tilsynsorgan i Grækenland) udstede en licens til en revisor, som er statsborger i Canada eller i et tredjeland, såfremt det vurderes, at betingelserne i artikel 4 og 6-11 i lov 3693/2008 er opfyldt.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Præsidentdekret 38/2010, ministerbeslutning 165261/IA/2010 (statstidende 2157/B)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-medlemsstat med henblik på at levere veterinærtjenester.
Sektor:
Forretningstjenesteydelser og sundhedsydelser og sociale tjenesteydelser
Delsektor:
Virksomhed udøvet af sygeplejersker, fysioterapeuter og paramedicinsk personale
Brancheklassifikation:
Del af CPC93123, CPC 93191
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 1666/1986
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Græsk statsborgerskab kræves for tandteknikere.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 5607/1932 som ændret ved lov 1963/1991 og 3918/2011
Beskrivelse:
Investering
Kun fysiske personer, som har licens som apotekere, samt virksomheder, der er grundlagt af apotekere med licens har tilladelse til at udøve detailhandel med farmaceutiske produkter og specifikke medicinske artikler til offentligheden.
Der kræves statsborgerskab i en EU-medlemsstat for at kunne drive et apotek.
Sektor:
Undervisning
Delsektor:
Primærundervisning
Sekundærundervisning
Brancheklassifikation:
CPC 921, CPC 922
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 682/1977, 284/1968, 2545/1940 og præsidentdekret 211/1994, som ændret ved præsidentdekret 394/1997
Beskrivelse:
Investering
Der kræves statsborgerskab i en EU-medlemsstat for ejere og et flertal af bestyrelsesmedlemmerne i privatfinansierede primær- og sekundærskoler samt for lærere i privatfinansieret primær- og sekundæruddannelse.
Sektor:
Undervisning
Delsektor:
Undervisning på videregående uddannelsesinstitutioner
Brancheklassifikation:
CPC 923
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Grækenlands forfatning, art. 16, stk. 5, og lov 3549/2007
Beskrivelse:
Investering
Uddannelse på universitetsniveau må udelukkende tilvejebringes af institutioner, som er fuldt selvstyrede offentligretlige juridiske personer.
Dog tillader lov 3696/2008, at EU-borgere (fysiske eller juridiske personer) må etablere private videregående uddannelsesinstitutioner, der udsteder certifikater, som ikke anerkendes som svarende til eksamensbeviser for universitetsuddannelse.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 400/1970
Beskrivelse:
Finansielle tjenesteydelser
Etableringsretten omfatter ikke oprettelse af repræsentationskontorer eller anden permanent tilstedeværelse for forsikringsselskaber, medmindre de pågældende kontorer etableres som agenturer, filialer eller hovedsæder.
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Turistguidevirksomhed
Brancheklassifikation:
CPC 7472
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Præsidentdekret 38/2010, ministerbeslutning 165261/IA/2010 (statstidende 2157/B)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-stat for at kunne drive en turistguidevirksomhed.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovkodeks for offentlig søfart (dekret nr. 187/1973, som ændret ved præsidentdekret nr. 11/2000, art. 5
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Over 50 procent af andelene i et søgående fartøj skal være ejet af EU- eller EØS-statsborgere eller -virksomheder for at kunne blive registreret i det græske register. Fartøjet skal administreres fra Grækenland.
Sektor:
Transport
Delsektor:
Hjælpevirksomhed i forbindelse med skibsfart
Brancheklassifikation:
CPC 745
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om offentlig søfart (lovdekret 187/1973)
Beskrivelse:
Investering
Offentligt monopol indført i havne til godshåndtering.
Sektor:
Vejtransport
Delsektor:
Vejgodstransportoperatører
Brancheklassifikation:
CPC 7123
Forbeholdstype:
National behandling
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Licens til vejgodstransportoperatører: Græsk lov 3887/2010 (statstidende A' 174), som ændret ved art. 5 i lov 4038/2012 (statstidende A' 14) — forordning (EF) nr. 1071/2009 og 1072/2009
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves græsk tilladelse for at foretage vejgodstransport. Der tildeles licenser på ikke-diskriminatoriske vilkår på betingelse af gensidighed. Vejgodstransport, der er etableret i Grækenland, må kun anvende køretøjer, der er indregistreret i Grækenland.
Forbehold, der gælder i Ungarn
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Regeringsdekret nr. 251/2014 (X.2)
Beskrivelse:
Investering
Erhvervelsen af fast ejendom fra ikke-hjemmehørendes side kræver autorisation fra den administrative myndighed, der er ansvarlig for ejendommens geografiske placering.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
LOV XI af 1998 om advokatvirksomhed
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (ungarsk ret), herunder møderet ved domstolene. Kombineret statsborgerskabs- og bopælskrav for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Kun statsborgere i en EØS-medlemsstat kan opnå medlemskab af advokatsamfundet og har dermed ret til at yde advokatvirksomhed i tilknytning til indenlandsk ret.
Handelsmæssig tilstedeværelse skal være i form af et interessentskab med en ungarsk advokat (
ügyvéd
) eller et advokatkontor (
ügyvédi iroda
).
For udenlandske advokater er omfanget af juridiske tjenesteydelser begrænset til juridisk rådgivning inden for hjemlandets og international lovgivning, som skal foregå inden for rammerne af en samarbejdskontrakt, der er indgået med en ungarsk advokat eller et advokatfirma.
Sektor:
Juridiske tjenesteydelser
Delsektor:
Patentagenter
Brancheklassifikation:
CPC8613
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov XXXII af 1995 om patentadvokater
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I forbindelse med tilvejebringelse af patentagenttjenester er der bopælskrav for personer, der ikke er statsborgere i en EØS-medlemsstat.
Sektor:
Liberale tjenesteydelser
Delsektor:
Skatterådgivning
Arkitekttjenesteydelser
Ingeniørtjenesteydelser
Integrerede ingeniørtjenesteydelser
Brancheklassifikation:
CPC 863, CPC 8671, CPC 8672, CPC 8673
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov LVIII af 1996 om erhvervskamre for arkitekter og ingeniører
Lov XCII af 2003 om skatteregler, dekret fra finansministeriet nr. 26/2008 om autorisation og registrering af skatterådgivningsvirksomhed
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ydelse af følgende tjenester, såfremt de tilvejebringes af en fysisk person, der opholder sig på Ungarns territorium, er underlagt bopælskrav:
a)
skatterådgivning
b)
arkitekttjenesteydelser
c)
ingeniørtjenesteydelser (gælder kun praktikanter)
d)
integrerede ingeniørtjenesteydelser.
Sektor:
Liberale tjenesteydelser
Delsektor:
Landskabsarkitekttjenester
Brancheklassifikation:
CPC 8674
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov LVIII af 1996 om erhvervskamre for arkitekter og ingeniører
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Landskabsarkitekttjenester fra ikke-statsborgere i en EØS-medlemsstat er underlagt bopælskrav. Ydelse af landskabsarkitekttjenester er derfor kun muligt for tjenestevirksomheder, der er etableret eller hjemmehørende i EØS.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC932
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov CXXVII of 2012 om det ungarske veterinærkammer og om vilkårene for ydelse af veterinærtjenester
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves medlemskab af det ungarske veterinærkammer for at kunne yde veterinærtjenester. Kun statsborgere i en EØS-medlemsstat må blive optaget i kammeret.
Autorisation til etablering er underlagt en økonomisk behovsprøve. Hovedkriterier: arbejdsmarkedsforhold inden for sektoren.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i tilknytning til virksomhedsrådgivning — voldgifts- og mæglingstjenesteydelser
Brancheklassifikation:
CPC 86602
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov LV af 2002 om mægling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves en autorisation i form af optagelse i registret fra den ansvarlige minister for retssystemet med henblik på udøvelse af mæglervirksomhed (som voldgift og mægling), som kun må gives til juridiske eller fysiske personer, som er etableret eller har bopæl i Ungarn.
Sektor:
Forretningstjenesteydelser
Delsektor:
Oversættelse
Brancheklassifikation:
CPC 87905
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Dekret fra ministerrådet nr. 24/1986 om autoriseret oversættelse og tolkning
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Autoriserede oversættelser, autoriserede certificeringer af oversættelser og bekræftede kopier af officielle dokumenter på udenlandske sprog må kun leveres af det ungarske oversættelses- og attesteringskontor (OFFI).
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov XCVIII af 2006 om generelle bestemmelser angående pålidelig og økonomisk overkommelig levering af medicinske produkter og medicinsk hjælpeudstyr og om distribution af medicinske produkter
Beskrivelse:
Investering
Der kræves statsborgerskab i EØS for at drive et apotek.
Etableringstilladelse er underlagt en økonomisk behovsprøve. Hovedkriterier: tætheden i området.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser
Brancheklassifikation:
CPC 811, CPC 813
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov CCXXXVII af 2013 om kreditinstitutter og finansielle virksomheder
Beskrivelse:
Finansielle tjenesteydelser
Virksomheder, der ikke er hjemmehørende i EØS, må kun yde finansielle tjenesteydelser eller deltage i hjælpeaktiviteter i tilknytning til finansielle tjenesteydelser via deres ungarske filial.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser
Brancheklassifikation:
CPC 811, CPC 813
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov CCXXXVII af 2013 om kreditinstitutter og finansielle virksomheder, lov CXX af 2001 om kapitalmarkedet
Beskrivelse:
Finansielle tjenesteydelser
Bestyrelsen i et kreditinstitut skal have mindst to medlemmer, der er anerkendt som havende bopæl i henhold til valutalovgivningen og forinden har haft fast bopæl i Ungarn i mindst et år.
Filialer af forvaltningsfirmaer for investeringsfonde, der ikke er hjemmehørende i EØS, må ikke deltage i ledelsen af europæiske investeringsfonde og må ikke yde kapitalforvaltning til private pensionsfonde.
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Rejsebureauer og rejsearrangører (herunder turledere)
Turistguidevirksomhed
Brancheklassifikation:
CPC 7471, CPC 7472
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov CLXIV af 2005 om handel, regeringsdekret nr. 213/1996 (XII.23.) om organisering af rejser og rejsebureauvirksomhed
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ydelse af rejsebureau- og turoperatørvirksomhed samt grænseoverskridende turistguidetjenester kræver en licens, der skal udstedes af det ungarske handelslicenskontor. Licenser er forbeholdt statsborgere i en EØS-medlemsstat og juridiske personer, der har hovedsæde i EØS-medlemsstater.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov XLII af 2000 om søfart
Beskrivelse:
Investering og internationale søtransporttjenester
For at registrere et fartøj i Ungarn med henblik på at sejle under nationalt flag, kræves der EØS-flertalsejerskab. EØS-statsborgerskab kræves for fartøjets kaptajn og styrmand.
Forbehold, der gælder i Irland
Sektor:
Landbrug og jagt
Delsektor:
Brancheklassifikation:
ISIC rev 3.1 1531
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om landbugsprodukter (korn), 1933
Beskrivelse:
Investering
Etablering foretaget af hjemmehørende i Canada inden for møllevirksomhed kræver autorisation.
Sektor:
Råstofudvinding
Delsektor:
Udvinding af kul og brunkul
Udvinding af tørv
Brydning af metalholdige malme
Anden råstofudvinding
Tjenesteydelser i tilknytning til råstofudvinding
Brancheklassifikation:
ISICrev 3.1 10, ISIC rev 3.1 13, ISIC rev 3.1 14, CPC 883
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt og regionalt
Foranstaltninger:
Love om udvinding af mineraler 1940–1999, love om planlægning og miljøforskrifter
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
En prospekteringslicens giver licensindehaveren ret til at søge efter bestemte specifikke mineraler. Det er kun indehavere af de aktuelle prospekteringslicenser, der kommer i betragtning til leasingkontrakter for statslig minedrift eller licenser med henblik på af sådanne mineraler i leasing- eller licensområdet, hvad enten mineralerne er startejede eller privatejede.
Efterforsknings- og minedriftsselskaber, der opererer i Irland, skal have en tilstedeværelse i landet. I tilfælde af efterforskning efter mineraler kræves det, at virksomhederne (irske og udenlandske) enten ansætter en agent eller efterforskningsleder med bopæl i Irland, mens arbejdet udføres. I forbindelse med minedrift kræves det, at en virksomhed, der er stiftet i Irland, har en leasingkontrakt for statslig minedrift eller licens, som i dets sammenslutnings memorandum har ret til at opfylde de forskellige kontraktlige forpligtelser i leasingkontrakten eller licensen.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Advokatlovene 1954-2011
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (irsk ret), herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Advokater i Irland er opdelt i to specifikke kategorier: sagførere (solicitors) og advokater (barristers). The Law Society of Ireland (advokatsamfundet i Irland) er det lovmæssige juridiske erhvervsorgan, som regulerer godkendelsen af sagførere (solicitors) i Irland. The Honorable Society of King's Inns regulerer godkendelsen af advokater (barristers) i Irland.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om veterinær praksis 2005
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Adgang kun via interessentskab eller fysiske personer.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om handelsflåden af 1955, som ændret ved lov af 1998 om handelsskibsfart (diverse bestemmelser)
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Udenlandske investorer, der investerer i et organ, der er etableret i henhold til og underlagt lovgivningen i en EU-medlemsstat, og som har sit primære forretningssted i Irland eller en anden EU-medlemsstat, kan registrere et fartøj i det irske skibsregister.
Forbehold, der gælder i Italien
Sektor:
Forlagsvirksomhed og trykning
Delsektor:
ISIC rev 3.1 221 , ISIC rev 3.1 222
Brancheklassifikation:
National behandling
Markedsadgang
Forbeholdstype:
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 416/1981, art. 1 (og senere ændringer deraf)
Beskrivelse:
Investering
Såfremt Canada og dets provinser og territorier tillader italienske statsborgere og selskaber at udføre disse aktiviteter, vil Italien tillade canadiske statsborgere og selskaber at udføre disse aktiviteter på samme vilkår.
Såfremt Canada og dets provinser og territorier tillader italienske investorer at eje mere end 49 procent af kapitalen og stemmerettighederne i en canadisk trykkerivirksomhed, vil Italien tillade canadiske investorer at eje mere end 49 procent af kapitalen og stemmerettighederne i en italiensk trykkerivirksomhed på samme vilkår.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Kongeligt dekret 1578/1933, art. 17, lov om advokatstanden
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (italiensk ret), herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed (EU-ret og italiensk ret). Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsvæsens- og bogholderivirksomhed
Revisionsvirksomhed
Skatterådgivning
Brancheklassifikation:
CPC 86211, CPC 86212,CPC 86213, CPC 86219, CPC 86220, CPC 863
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Revision:Lovdekret 58/1998, art. 155, 158 og 161
Dekret udstedt af republikkens præsident 99/1998
Lovdekret 39/2010, art. 2
Regnskabsvirksomhed, bogføring og skatterådgivning: Lovdekret 139/2005, lov 248/2006
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I forbindelse med revisionsvirksomhed eller skatterådgivning kræves bopæl i Italien for individuelle revisorer eller skatterådgivere.
Der kræves bopæl eller forretningssted for at blive registreret i erhvervsregistreret, hvilket er nødvendigt for at kunne yde regnskabsvirksomhed og bogføring
Sektor:
Forretningstjenesteydelser
Delsektor:
Arkitekttjenesteydelser
Ingeniørtjenesteydelser
Byplanlægning og landskabsarkitektur
Brancheklassifikation:
CPC 8671, CPC 8672, CPC 8673, CPC 8674
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Kongeligt dekret 2537/1925, forskrift for arkitekt- og ingeniørerhvervet
Lov 1395/1923
Dekret udstedt af republikkens præsident (D.P.R.) 328/2001
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves bopæl i Italien for at blive optaget i erhvervsregisteret, hvilket er nødvendigt for at udøve erhvervet.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret C.P.S. 233/1946, art. 7-9
Dekret udstedt af republikkens præsident (DPR) 221/1950, par. 7
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves bopæl i Italien for at blive optaget i erhvervsregisteret, hvilket er nødvendigt for at udøve erhvervet.
Sektor:
Forretningstjenesteydelser
Delsektor:
Forskning og udvikling inden for samfundsvidenskaber og humanistiske videnskaber — psykologer
Brancheklassifikation:
CPC 852
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 56/1989 om psykologerhvervet
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves bopæl i Italien for at blive optaget i erhvervsregisteret, hvilket er nødvendigt for at udøve erhvervet. Der kræves statsborgerskab i en EU-medlemsstat for at udøve erhvervet, medmindre udenlandske fagpersoner kan opnå tilladelse på baggrund af princippet om gensidig anerkendelse.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenester i forbindelse med videnskabelig og teknisk vejledning
Teknisk afprøvning og analyse
Tjenesteydelser i forbindelse med landbrug
Brancheklassifikation:
CPC 8675, CPC 8676, del af CPC 881
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Geologer:Lov 112/1963, art. 2 og 5; D.P.R. 1403/1965, art. 1
Biologer, kemianalytikere: Lov 396/1967 om biologerhvervet, kongeligt dekret 842/1928 om erhvervet som kemiker
Agronomer: Lov 3/1976 om agronomerhvervet »Periti agrari«: Lov 434/1968, som ændret ved lov 54/1991
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der er krav om bopæl eller erhvervssted i Italien for at blive registreret i geologregistreret, hvilket er nødvendigt for at udøve erhvervet som landmåler eller geolog for at udføre tjenester med henblik på efterforskning og drift af miner osv. Der er krav om statsborgerskab i en EU-medlemsstat, dog må udlændinge registreres på betingelse af gensidig anerkendelse.
Med henblik på biologer, kemikere, agronomer og »
periti agrari
« er der krav om bopæl og registrering i erhvervsregisteret. Statsborgere fra tredjelande kan registreres på betingelse af gensidig anerkendelse.
Sektor:
Råstofudvinding
Delsektor:
Udvinding af kul og brunkul
Udvinding af tørv
Udvinding af råolie og naturgas
Brydning af metalholdige malme
Anden råstofudvinding
Tjenester i forbindelse med videnskabelig og teknisk vejledning
Tjenesteydelser i tilknytning til mindedrift
Brancheklassifikation:
ISICrev 3.1 10, ISICrev 3.1 11, ISICrev 3.1 12, ISICrev 3.1 13, ISICrev 3.1 14, CPC 8675, CPC 883
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt og regionalt (for efterforskning)
Foranstaltninger:
Efterforskningsvirksomhed: Kongeligt dekret 1443/1927); Lovdekret 112/1998, art. 34
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Statsejede miner har specifikke efterforsknings- og minedriftsregler. Inden der udføres nogen udvindingsaktivitet, kræves der en efterforskningstilladelse (»permesso di ricerca«, art. 4, kongeligt dekret 1443/1927). Denne tilladelse er tidsbegrænset, definerer grænserne for grunden under efterforskningen præcist, og der kan tildeles mere end én efterforskningstilladelse for det samme område til forskellige personer eller virksomheder (denne type licens er ikke nødvendigvis eksklusiv).
For at oparbejde og udvinde mineraler kræves der en autorisation (»concessione«, art. 14) fra den regionale myndighed.
Sektor:
Forretningstjenesteydelser
Delsektor:
Sikkerhedstjenester
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om offentlig sikkerhed (TULPS) 773/1931, art. 133-141,
kongeligt dekret 635/1940, art. 257
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-medlemsstat og bopæl for at opnå den nødvendige autorisation for at yde sikkerhedsvagttjenester og værditransport.
Sektor:
Distributionstjenester
Delsektor:
Distribution af tobak
Brancheklassifikation:
Del af CPC 6222, del af CPC 6310
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 184/2003
Lov 165/1962
Lov 3/2003
Lov 1293/1957
Lov 907/1942
Dekret udstedt af republikkens præsident (D.P.R.) 1074/1958
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves en licens for at distribuere og sælge tobak. Licensen tildeles via offentlige procedurer. Tildelingen af licenser er underlagt en økonomisk behovsprøve. Hovedkriterier: antallet af eksisterende salgssteder og deres geografiske spredning. Der kræves statsborgerskab i en EU-medlemsstat for en mellemhandler mellem engrossalg og detailsalg og ejere af forretninger (magazzini).
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 362/1991, art. 1, 4, 7 og 9
Lovdekret CPS 233/1946, art. 7-9
Dekret udstedt af republikkens præsident (D.P.R.) 221/1950, par. 3 og 7
Beskrivelse:
Investering
Der kræves en autorisation for at åbne et apotek, som er underlagt en økonomisk behovsprøve. Hovedkriterier: antal eksisterende apoteker og deres geografiske spredning. Nye eller ledige apoteker autoriseres efter et offentligt udbud. Kun statsborgere i en EU-medlemsstat, der er registreret i registeret over apotekere (»albo«), kan deltage i et offentligt udbud.
Udøvelsen af erhvervet er kun mulig for fysiske personer, der er optaget i registreret, samt for juridiske personer i form af interessentskaber, hvor hver interessent i virksomheden skal være en registreret apoteker. Registrering i erhvervsregistreret for apotekere kræver statsborgerskab i en EU-medlemsstat eller bopæl og udøvelse af erhvervet i Italien.
Udenlandske statsborgere, der besidder de nødvendige kvalifikationer, kan blive registreret, hvis de er borgere i et land, med hvilket Italien har en særlig aftale, der autoriserer udøvelsen af erhvervet, på betingelse af gensidig anerkendelse (D. Lgsl. CPS 233/1946, art. 7-9 og D.P.R. 221/1950 par. 3 og 7).
Sektor:
Undervisning
Delsektor:
Undervisning på videregående uddannelsesinstitutioner
Brancheklassifikation:
CPC 92
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Kongeligt dekret 1592/1933 (lov om sekundæruddannelse)
Lov 243/1991 (lejlighedsvist offentligt bidrag til private universiteter)
Resolution 20/2003 fra CNVSU (Comitato nazionale per la valutazione del sistema universitario)
Dekret fra republikkens præsident (DPR) 25/1998
Beskrivelse:
Investering
Der anvendes en økonomisk behovsprøve med henblik på at åbne privatfinansierede universiteter med autorisation til at udstede anerkendte diplomer eller beviser på basis af et treårigt program. Hovedkriterier: antallet og tætheden af eksisterende indretninger.
Det er kun italienske juridiske personer, som må være autoriseret til at udstede statsligt anerkendte diplomer.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 194/1942, art. 4
Lov 4/1999 om registeret
Beskrivelse:
Finansielle tjenesteydelser
Der kræves bopæl i Italien for at blive optaget i aktuarregisteret, hvilket er et krav for at udøve aktuarerhvervet.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 58/1998, art. 1, 19, 28, 30-33, 38, 69 og 80
Fælles forskrift for Italiens centralbank og Consob 22.2.1998, art. 3 og 41
Forskrift for Italiens centralbank 25.1.2005, del V, kapitel VII, afsnit II
Forskrift for Consob 16190 af 29.10.2007, art. 17-21, 78-81, 91-111
Beskrivelse:
Finansielle tjenesteydelser
For at blive autoriseret til at forvalte værdipapirafviklingssystemet eller værdipapircentraltjenester med en virksomhed i Italien kræves det, at virksomheden er stiftet i Italien (ingen filialer).
I tilfælde af institutter for kollektiv investering, bortset fra institutter for kollektiv investering i værdipapirer (»UCITS«), der er harmoniseret under EU-lovgivningen, kræves det, at trustforvalteren eller depotet er stiftet i Italien eller i en anden EU-medlemsstat og er etableret via en filial i Italien. Administrationsvirksomheder for UCITS, der ikke er harmoniseret under EU-lovgivningen, skal også være registreret i Italien (ingen filialer).
Kun banker, forsikringsselskaber, investeringsselskaber og virksomheder, der forvalter UCITS, som er harmoniseret i henhold til EU-lovgivningen med retligt hovedsæde i EU samt UCITS, der er stiftet i Italien, må administrere pensionsfondsmidler.
Til dørsalg skal formidlere anvende autoriserede sælgere af finansielle tjenesteydelser, der har bopæl i en EU-medlemsstat.
Repræsentationskontorer for ikke-EU-formidlere kan ikke udføre aktiviteter, der er målrettet tilvejebringelse af investeringstjenester, inklusive handel for egen regning og for kunders regning, placering af og garanti for finansielle instrumenter (filial krævet).
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Turistguidevirksomhed
Brancheklassifikation:
CPC 7472
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Regionalt
Foranstaltninger:
Lov 135/2001, art. 7.5 og 6
Lov 40/2007 (DL 7/2007)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En turistguide fra lande, der ikke er medlemmer af EU, kræver en specifik licens fra regionen for at virke som professionel turistguide. Turistguider fra EU-medlemsstater kan arbejde frit uden krav om en sådan licens. Licensen tildeles turistguider, der har den tilstrækkelige kompetence og viden.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovgrundlag, kongeligt dekret 327/1942 (ændret ved lov 222/2007), art. 143 og 221 (navigationslov)
Beskrivelse:
Investering og internationale søtransporttjenester
Udlændinge, der ikke er EU-borgere, kan ikke erhverve majoritetsinteresser i fartøjer under italiensk flag eller opnå en kontrollerende indflydelse i rederier, der har deres hovedkvarterer i Italien.
Sektor:
Transport
Delsektor:
Hjælpevirksomhed i forbindelse med skibsfart
Brancheklassifikation:
Del af CPC 745
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Søfartskodeks
Lov 84/1994
Ministerielt dekret 585/1995
Beskrivelse:
Investering
Der anvendes en økonomisk behovsprøve for håndtering af gods inden for søtransport. Hovedkriterier: de eksisterende operatørers antal og virkningen for disse, befolkningstætheden, den geografiske spredning og skabelsen af nye arbejdspladser.
Forbehold, der gælder i Letland
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om grundreform i byerne i Republikken Letland, s. 20, 21
Lov om privatisering af grunde i landdistrikter, s. 28
Beskrivelse:
Investering
Det er tilladt for canadiske eller et tredjelands statsborgere at erhverve bygrunde via stiftede virksomheder, der er registrerede i Letland eller andre EU-medlemsstater:
a)
hvis over 50 procent af egenkapitalen ejes af statsborgere i EU-medlemsstater, den lettiske regering eller en kommune, enten separat eller i alt,
b)
hvis over 50 procent af egenkapital er ejet af fysiske personer og virksomheder fra tredjelande, som Letland har indgået bilaterale aftaler med om fremme og gensidig beskyttelse af investeringer, der er blevet godkendt af det lettiske parlament før den 31. december 1996,
c)
hvis over 50 procent af egenkapitalen er ejet af fysiske personer og virksomheder fra tredjelande, som Letland har indgået bilaterale aftaler med om fremme og gensidig beskyttelse af investeringer efter den 31. december 1996, hvis disse aftaler har fastsat rettigheder for lettiske fysiske personer og virksomheder om erhvervelse af grunde i det pågældende tredjeland,
d)
hvis over 50 procent af egenkapitalen ejes samlet af personer fra a)-c),
e)
og som er offentlige aktieselskaber, såfremt deres andele deraf er noteret på børsen.
Hvor Canada og dets provinser og territorier tillader lettiske statsborgere og virksomheder at erhverve fast ejendom i byområder på deres territorier, vil Letland tillade canadiske statsborgere og virksomheder at erhverve fast ejendom i byområder på samme vilkår som for lettiske statsborgere.
Sektor:
Distribution og sundhedstjenester
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Andre tjenesteydelser leveret af farmaceuter
Brancheklassifikation:
CPC 63211
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lægemiddelloven, s. 38
Beskrivelse:
Investering
For at påbegynde uafhængigt virke i et apotek skal en udenlandsk apoteker eller apotekerassistent, der er uddannet i en stat, som ikke er medlem af EU eller EØS, arbejde i mindst et år i et apotek under overvågning af en apoteker.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Strafferetslov, afsnit 79
Lov om advokatstanden i Republikken Letland, afsnit 4
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For at opnå fuldgyldigt medlemskab af advokatsamfundet, hvilket er et krav for at virke som en statsautoriseret sagfører eller som assistent for en statsautoriseret sagfører, kræves der lettisk statsborgerskab. Statsautoriserede sagførere, som er statsborgere i en EU-medlemsstat, og som er blevet registreret i det lettiske råd for statsautoriserede advokater, har ret til at deltage i og stemme på generalforsamlingen for statsautoriserede advokater.
Ydelse af juridiske tjenesteydelser inden for national ret (en advokats og en juridisk repræsentations tjenesteydelser i kriminalsager) i Letland er i henhold til dets lovgivning kun tilladt for:
a)
en statsautoriseret sagfører eller en assistent for en statsautoriseret sagfører, der er lettisk statsborger, eller
b)
en statsborger i en EU-medlemsstat, som er blevet udpeget som advokat i en EU-medlemsstat, eller
c)
en udenlandsk advokat inden for rammerne af en aftale om juridisk bistand, der er indgået mellem Letland og det pågældende land.
Der findes særlige krav for advokater fra en EU-medlemsstat eller udenlandske advokater. For eksempel tillades deltagelse i retsmøder i kriminalsager kun i samarbejde med en advokat fra det lettiske samfund for statsautoriserede advokater.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om statsautoriserede revisorer
Beskrivelse:
Investering
I en kommerciel virksomhed af statsautoriserede revisorer må en udenlandsk investor kun eje mere end 50 procent af stemmekapitalandelene, hvis de er kvalificerede som statsautoriserede revisorer eller kommercielle virksomheder af statsautoriserede revisorer, eller revisorer eller kommercielle virksomheder af statsautoriserede revisorer fra EU-medlemsstater eller EØS-medlemsstater, som i henhold til EU- eller EØS-medlemsstaternes lovgivning har ret til at udøve erhvervsmæssig aktivitet som statsautoriseret revisor eller virksomhed af statsautoriserede revisorer, da denne erhvervsaktivitet er defineret i Letlands lovgivning.
Sektor:
Forretningstjenesteydelser
Delsektor:
Trykkeri- og forlagsvirksomhed
Brancheklassifikation:
CPC 88442
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om pressen og andre massemedier, afsnit 8
Beskrivelse:
Investering
Kun juridiske personer, som er stiftet i Letland, og fysiske personer i Letland har ret til at grundlægge og udgive offentlige massemedier. Filialer er ikke tilladt.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
»Søfartsloven«
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Fartøjer må kun sejle under lettisk flag, hvis de er registreret i Letlands skibsregister, og disse fartøjer skal forvaltes af et organ, der er registreret i EU. Udenlandske ejere, der ikke er stiftet i EU, kan registrere fartøjer i skibsregistrerer forudsat, at deres tekniske forvaltning udføres af en juridisk person, der er registreret i Letland, på baggrund af en skibsforvaltningskontrakt.
Forbehold, der gælder i Litauen
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om advokatsamfundet i Litauen af 18. marts 2004 nr. IX-2066, senest ændret den 17. november 2011 nr. XI-1688
Republikken Litauens lov om notarerhvervet, 15. september 1992 — nr. I-2882 (senest ændret den 19. april 2012 — nr. X-1979)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret), herunder møderet ved domstolene.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Kun statsborgere i en EØS-medlemsstat eller Schweiz kan opnå medlemskab af advokatsamfundet og har dermed ret til at yde advokatvirksomhed i tilknytning til indenlandsk ret.
Udenlandske advokater har kun møderet i henhold til bilaterale aftaler om juridisk bistand
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211, CPC86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om revision af 15. juni 1999 nr. VIII-1227 ( ny version af 3. juli 2008 nr. X-1676)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Mindst 75 procent af andelene skal ejes af revisorer eller revisionsfirmaer i EU eller EØS.
En revisionsrapport skal udarbejdes i samarbejde med en revisor, der har autorisation til at udøve hvervet i Litauen.
Etablering i form af et offentligt aktieselskab (AB) er ikke tilladt.
Sektor:
Forretningstjenesteydelser
Delsektor:
Patentagenter
Brancheklassifikation:
Del af CPC 879
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om varemærker af 10. oktober 2000, nr. VIII-1981
Lov om design af 7. november 2002, nr. IX-1181
Patentlov af 18. januar 1994, nr. I-372
Lov om juridisk beskyttelse af halvlederprodukters topografi af 16. juni 1998
Forskrift for patentadvokater, godkendt efter bekendtgørelse fra Republikken Litauens regering den 20. maj 1992, nr. 362 (senest ændret den 8. november 2004 nr. 1410)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Statsborgere fra tredjelande (ikke-EU-medlemsstater) har ikke tilladelse til at blive registreret som patentadvokater. Kun patentadvokater har tilladelse til at yde patentagenttjenester i Litauen.
Sektor:
Distribution
Delsektor:
Distribution af pyrotekniske produkter
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om overvågning af omsætning af civile pyrotekniske produkter (23. marts 2004. Nr. IX-2074)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Distribution af pyrotekniske produkter er underlagt licens. Kun juridiske personer, der er etableret i EU, kan opnå en licens.
Sektor:
Energi
Delsektor:
Rørledningstransport af brændstoffer
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 713, CPC 887
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om naturgas for Republikken Litauen af 10. oktober 2000, nr. VIII-1973
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Etablering er påkrævet. Licenser til transmission og distribution af brændstoffer må kun udstedes til juridiske personer i Litauen eller filialer til udenlandske juridiske personer eller andre organisationer (datterselskaber), der er etableret i Litauen.
Dette forbehold gælder dog ikke rådgivningstjenester i forbindelse med transmission og distribution af brændstoffer på gebyr- eller kontraktbasis.
Sektor:
Energi
Delsektor:
Transmission og distribution af elektricitet
Brancheklassifikation:
ISIC rev 3.1 401 , CPC 887
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om elektricitet for Republikken Litauen af 20. juli 2000, nr. VIII-1881
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Licenser til transmission, distribution, offentlig forsyning og organisering af handel med elektricitet må kun udstedes til juridiske personer i Litauen eller filialer til udenlandske juridiske personer eller andre organisationer, der er etableret i Litauen.
Dette forbehold gælder dog ikke rådgivningstjenester i forbindelse med transmission og distribution af elektricitet på gebyr- eller kontraktbasis.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev. 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Republikken Litauens lov om handelsskibsfart af 12. september 1996, nr. I-1513
Beskrivelse:
Investering og internationale søtransporttjenester
Fartøjer må kun sejle under litauisk flag, hvis de er opført i registeret over søgående fartøjer og ejes eller er chartret (bareboat-charter) af en litauisk borger eller virksomhed, der er etableret (stiftet) i Litauen.
Sektor:
Transport
Delsektor:
Jernbanetransporttjenesteydelser
Brancheklassifikation:
CPC 711
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Republikken Litauens lov om jernbanetransport nr. IX-2152 af 22. april 2004, som ændret ved nr. X-653 af 8. juni 2006.
Beskrivelse:
Investering
Enerettigheden til ydelse af transittjenesteydelser tildeles jernbaneforetagender, som ejes, eller hvis aktier er 100 procent ejet, af staten.
Forbehold, der gælder i Luxembourg
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Loi du 16 décembre 2011 modifiant la loi du 10 août 1991 sur la profession d'avocat
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (luxembourgsk ret), herunder møderet ved domstolene.
Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet. Rådet for ordningen kan på baggrund af princippet om gensidig anerkendelse vælge at fravige kravet om statsborgerskab med henblik på en udenlandsk statsborger.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed (luxembourgsk ret). Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
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)
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)
Beskrivelse:
Investering
Kun fysiske personer har tilladelse til at udøve detailhandel med farmaceutiske produkter og specifikke medicinske artikler til offentligheden.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 9. november 1990
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Udenlandske investorer, som ikke er statsborgere i en EU-medlemsstat eller ikke er stiftet eller har deres hovedkontor i EU, kan ikke eje 50 procent eller mere af et søgående fartøj, der sejler under luxembourgsk flag.
Dette forbehold gælder ikke for et skib, som er bareboat-charteret af en befragter, der opfylder ovennævnte krav om ejerskab og rent faktisk benytter skibet.
Forbehold, der gælder i Malta
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om fast ejendom (erhvervelse foretaget af borgere uden bopæl) (kap. 246)
Protokol nr. 6 i EU-tiltrædelsesaftalen om erhvervelse af fritidsboliger i Malta
Beskrivelse:
Investering
Statsborgere fra en ikke-EU-medlemsstat må ikke erhverve fast ejendom med henblik på erhvervsmæssige formål.
Virksomheder med ikke-EU-selskabsdeltagelse på 25 procent (eller mere) skal opnå en autorisation fra den kompetente myndighed (finansministeren) for at købe fast ejendom med henblik på erhvervsmæssige eller forretningsmæssige formål. Den kompetente myndighed vil afgøre, om den foreslåede erhvervelse bidrager med en nettofordel for den maltesiske økonomi.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Loven om organisation og civil retspleje (kap. 12)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (maltesisk ret), herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed (maltesisk ret). Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Kun statsborgere i en EØS-medlemsstat eller Schweiz kan opnå medlemskab af advokatsamfundet og har dermed ret til at yde juridiske tjenesteydelser med henblik på maltesisk lovgivning.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Forskrift for apotekstilladelser (LN279/07) udstedt i henhold til lægemiddelloven (kap. 458)
Beskrivelse:
Investering
Udstedelse af apotekstilladelser under specifikke begrænsninger. Ingen person må have mere end én licens i sit navn i en hvilken som helst by eller landsby (bestemmelse 5, stk. 1, i forskriften for apotekslicens (LN279/07)), bortset fra det tilfælde, når der ikke findes andre ansøgninger for den pågældende by eller landsby (bestemmelse 5, stk. 2, i forskriften for apotekstilladelser (LN279/07)).
Sektor:
Undervisning
Delsektor:
Undervisning på videregående uddannelsesinstitutioner
Voksenundervisning
Brancheklassifikation:
CPC 923, CPC 924
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Retslig meddelelse 296 af 2012
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Tjenesteydere, der ønsker at levere privatfinansieret videregående uddannelse eller voksenundervisning, skal opnå en licens fra ministeriet for uddannelse og beskæftigelse. Afgørelsen om, hvorvidt der udstedes en licens, kan være skønsmæssig.
Sektor:
Transport
Delsektor:
Skibsfart
Hjælpevirksomhed i forbindelse med skibsfart
Brancheklassifikation:
CPC 721, del af 742, CPC 745, del af CPC 749
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bestemmelser om takster for passagerbefordring og godstransport for Gozo (SL499.31)
Enerettigheder tildeles via offentlige indkøbsprocedurer på kontraktbasis
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Der kræves en licens fra Maltas transportmyndighed med henblik på udlejning af fartøjer med besætning for fartøjer, der kun handler inden for lokalt farvand. Specifikke offentlige serviceforpligtelser regulerer den kommercielle skibsfart inden for Maltas indre vandveje eksklusivt.
Med henblik på cabotagebegrænsningen mellem Malta og Gozo tildeles der enerettigheder på baggrund af en koncession, der tildeles af regeringen. Denne enerettigheder relaterer kun til ruten Malta-Gozo mellem havnen Ċirkewwa og havnen Marsamxetto (Malta) og havnen Mġarr (Gozo) for befordring af passagerer, køretøjer og gods. Taksterne for sådanne tjenester er lovreguleret ved bestemmelserne om takster for passagerbefordring og godstransport for Gozo (SL499.31).
Krav om statsborgerskab for hjælpetjenesteydelser.
Sektor:
Transporttjenester
Delsektor:
Andre transporttjenester
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Forskrifter for taxabefordring (SL499.59)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Taxaer:Begrænsninger i antallet af licenser.
Karozzini (vogne trukket af heste): Begrænsninger i antallet af licenser.
Sektor:
Energi
Delsektor:
Elektricitet
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om Enemalta (kap. 272)
Beskrivelse:
Investering
EneMalta plc har monopol på levering af elektricitet.
Forbehold, der gælder i Nederlandene
Sektor:
Hjælpetjenesteydelser for alle transportformer
Delsektor:
Tjenesteydelser inden for toldbehandling
Brancheklassifikation:
Del af CPC 748
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Almindelig toldlov (Algemene Douanewet)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En inspektør afgør, hvorvidt en fysisk eller juridisk person kan få tilladelse til at fungere som toldrepræsentant, jf. artikel 1, stk. 3 og stk. 9, i den almindelige toldlov (Algemene Douanewet). Toldrepræsentanter, som ikke er bosat eller etableret i Nederlandene, skal tage fast bopæl eller etablere fast forretningssted i Nederlandene, før de kan få tilladelse til at fungere som toldrepræsentanter.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Advocatenwet (advokatlov)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret.
Kun advokater med lokal licens må anvende navnet eller titlen »Advocaat« i henhold til artikel 2, litra c), og artikel 16, litra b), c) og d), i Advocatenwet (advokatloven). Kun advokater, som er optaget i det hollandske register, må bruge titlen »Advocaat«. I stedet for at anvende den komplette term »Advocaat«, er (ikke-registrerede) udenlandske advokater forpligtet til at oplyse hjemlandet for deres faglige organisation med henblik på deres aktiviteter i Nederlandene.
Sektor:
Forretningstjenesteydelser
Delsektor:
Kontrolstemplingsvirksomhed
Brancheklassifikation:
Del af CPC 893
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Waarborgwet 1986
Beskrivelse:
Investering
Med henblik på kontrolstemplingsvirksomhed kræves der handelsmæssig tilstedeværelse i Nederlandene. To offentlige hollandske monopoler har i øjeblikket enerettighed til kontrolstempling af artikler af ædelmetal.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Wet op de uitoefening van de diergeneeskunde 1990 (WUD)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Adgang er begrænset til fysiske personer.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Art. 311, stk. 1.b, i handelsloven (Wetboek van Koophandel)
Beskrivelse:
Investering og internationale søtransporttjenester
Ejerskab af et hollandsk registreret søgående fartøj er kun muligt for:
a)
fysiske personer med statsborgerskab i en EU- eller EØS-medlemsstat eller Schweiz,
b)
virksomheder eller juridiske enheder under lovgivningen i en EU-medlemsstat, et af de lande, en af de øer eller et af de områder, der er nævnt i artikel 349 og i artikel 355, stk. 1-4, og stk. 5c), i traktaten om Den Europæiske Unions funktionsmåde, eller i en EØS-medlemsstat eller Schweiz,
c)
fysiske personer eller virksomheder eller juridiske enheder, bortset fra ovennævnte, som kan gøre krav på den europæiske ret til fri etablering eller bosættelse som følge af en aftale mellem EU og et tredjeland.
Ejeren skal have et hovedkontor eller et datterselskab i Nederlandene. En eller flere fysiske personer med bopæl i Nederlandene skal have ansvaret for skibet, kaptajnen, besætningen og tilknyttede forhold samt have myndighed til at beslutte og repræsentere på vegne af ejeren.
Det er ikke muligt at registrere et søgående skib, som allerede er registreret i et offentligt register, enten som et søgående skib eller som et fartøj på indre vandveje, eller i et lignende udenlandsk register.
Når der ansøges om registrering, skal ansøgeren vælge en bopæl i Nederlandene.
Sektor:
Energi
Delsektor:
Eldistribution
Transport af naturgas
Brancheklassifikation:
ISICrev 3.1 040 ,CPC 71310
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Elektriciteitswet 1998
Gaswet
Beskrivelse:
Investering
Ejerskabet af elektricitetsnettet og gasrørledningsnettet er tildelt eksklusivt til den hollandske regering (transmissionssystemer) og andre offentlige myndigheder (distributionssystemer).
Sektor:
Råstofudvinding
Delsektor:
Udvinding af råolie og naturgas
Brancheklassifikation:
ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.1 12, ISIC rev 3.1 13, ISIC rev 3.1 14
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Mijnbouwwet (lov om minedrift)
Beskrivelse:
Investering
Efterforskning efter og udvinding af kulbringer i Nederlandene udføres altid i fællesskab af en privat virksomhed og den offentlige (begrænsede) virksomhed, som er udpeget af økonomiministeren. Artikel 81 og 82 i loven om minedrift fastsætter, at alle andele i denne udpegede virksomhed skal være ejet direkte eller indirekte af den hollandske stat.
Forbehold, der gælder i Polen
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 24. marts 1920 om udlændinges erhvervelse af fast ejendom (statstidende fra 2004, nr. 167, punkt 1758, med senere ændringer)
Beskrivelse:
Investering
Udlændinge skal have tilladelse til erhvervelse af fast ejendom, direkte og indirekte. Der udstedes tilladelse ved administrativ afgørelse af ministeren med kompetence for interne anliggender i samråd med forsvarsministeren samt i tilfælde af erhvervelse af landbrugsejendom også i samråd med ministeren for landbrug og udvikling af landdistrikter.
Sektor:
Forlagsvirksomhed og trykning
Delsektor:
Brancheklassifikation:
ISIC rev 3.1 221 , ISIC rev 3.1 222
Forbeholdstype:
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 26. januar 1984 om presselov, statstidende, nr. 5, punkt 24, med senere ændringer
Beskrivelse:
Investering
Statsborgerskabskrav for chefredaktører for aviser og tidsskrifter.
Sektor:
Alle sektorer
Delsektor:
Etableringsformer
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 2. juli 2004 om frihed til økonomisk aktivitet, art. 13.3 og 95. 1
Beskrivelse:
Investering
De aktiviteter, der udøves af et repræsentationskontor, må kun omfatte reklame og fremme af det udenlandske moderselskab, som kontoret repræsenterer.
Hvad angår alle sektorer bortset fra juridiske tjenesteydelser og tjenesteydelser, der ydes af sundhedsenheder, må ikke-EU-investorer kun foretage og udføre økonomisk aktivitet i form af et begrænset interessentskab, begrænsede aktieinteressentskaber, virksomhed med begrænset ansvar og aktieselskaber, mens nationale virksomheder både har adgang til at danne ikke-kommercielle interessentskaber (generelt interessentskab og interessentskab med ubegrænset ansvar).
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 5. juli 2002 om udenlandske advokaternes ydelse af juridisk bistand i Republikken Polen, art. 19
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
Udenlandske advokater må kun etablere sig i form af et registreret interessentskab, et begrænset interessentskab eller et kommanditaktieselskab, mens nationale virksomheder også har adgang til at danne civilretlige interessentskaber og faglige interessentskaber.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 7. maj 2009 om autoriserede revisorer, revisionsfirmaer og om offentligt tilsyn, statstidende, nr. 77, punkt 649, med senere ændringer
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Revisionsfirmaer må kun antage visse polske juridiske former.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 21. december 1990 om dyrlægeerhvervet og kammeret for dyrlægekirurger
Beskrivelse:
Investering
Kun statsborgere i en EU-medlemsstat må yde veterinærtjenester, hvad angår ydelse af veterinærtjenester udført af en fysisk person på Polens territorium. Udenlandske personer kan anmode om tilladelse til at praktisere.
Sektor:
Forretningstjenesteydelser
Delsektor:
Oversættelse og tolkning
Brancheklassifikation:
CPC 87905
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov af 25. november 2004 om erhvervet som statsautoriserede translatører og tolke (statstidende nr. 273, punkt 2702), art. 2.1
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Det er kun fysiske personer, der kan være statsautoriserede translatører.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om forsikringsvirksomhed af 22. maj 2003 (statstidende 2003, nr. 124, punkt 1151)
Lov om forsikringsformidling af 22. maj 2003 (statstidende 2003, nr. 124, punkt 1154), art. 16 og 31
Beskrivelse:
Finansielle tjenesteydelser
Krav om optagelse i det lokale register for forsikringsmæglere (ingen filialer).
Sektor:
Transport
Delsektor:
Hjælpetjenester inden for lufttransport
Brancheklassifikation:
Del af CPC 742
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Polsk luftfartslov af 3. juli 2002, artikel 174.2 og 174.3
Beskrivelse:
Investering
I forbindelse med lagertjenester af frosset eller nedkølet gods og bulklagringstjenester af væsker eller gasser i lufthavne vil muligheden for at levere bestemte kategorier af tjenester afhænge af lufthavnens størrelse. Antallet af leverandører i hver lufthavn kan være begrænset på grund af begrænset disponibel plads, dog ikke til mindre end to leverandører af andre grunde.
Hvad angår udenlandsk deltagelse i lufthavnsdriftstjenester, er denne begrænset til 49 procent.
Sektor:
Energi
Delsektor:
Produktion, transmission og distribution af elektricitet
Bulkgodslagring af væsker eller gasser
Tjenesteydelser i tilknytning til energidistribution
Engrossalg af eller detailhandel med elektricitet
Brancheklassifikation:
ISIC rev 3.1 040 ,CPC 63297, CPC 74220, CPC 887
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om energi af 10. april 1997, art. 32 og 33
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Følgende aktiviteter kræver licens i henhold til energiloven:
a)
generering af brændstoffer eller energi, bortset fra: generering af faste brændstoffer eller brændstof i gasform, generering af elektricitet ved hjælp af elektricitetskilder med en samlet kapacitet på højst 50 MW, bortset fra vedvarende energikilder, kombineret produktion af elektricitet og varme ved hjælp af kilder med en samlet kapacitet på højst fem MW, bortset fra vedvarende energikilder, generering af varme ved hjælp af kilder med en samlet kapacitet på højst fem MW,
b)
lagring af brændstoffer i gasform i lagringsinstallationer, flydendegørelse af naturgas eller regasificering af flydende naturgas på LNG-installationer samt lagring af flydende brændstoffer, bortset fra: lokal lagring af flydende gas i installationer med en kapacitet på under en MJ/s og lagring af flydende brændstoffer i detailhandel,
c)
transmission eller distribution af brændstoffer eller energi, bortset fra: distribution af gasformige brændstoffer i net med en kapacitet på under 1 MJ/s og transmission eller distribution af varme, hvis den samlede kapacitet, som bestilles af kunder, ikke overskrider 5 MW,
d)
handel med brændstoffer eller energi, bortset fra: handel med faste brændstoffer, handel med elektricitet ved hjælp af installationer med en spænding på under en kV, der ejes af kunden, handel med gasformige brændstoffer, såfremt deres årlige omsætning ikke overskrider 100 000  EUR, handel med flydende gas, såfremt den årlige omsætning ikke overskrider 10 000  EUR, og handel med gasformige brændstoffer og elektricitet, der foretages på varebørsen af mæglere, som udfører mægleraktivitet i henhold til loven af 26. oktober 2000 om råvarebørs, samt handel med varme, hvis den af kunden bestilte kapacitet ikke overskrider fem MW. Begrænsningerne for omsætningen gælder ikke for engrossalgstjenester med gasformige brændstoffer eller flydende gas eller for detailhandel med flaskegas.
Der kan kun tildeles en licens af den kompetente myndighed til en ansøger, som har registreret sit primære forretningssted eller har bopæl på territoriet i en EU- eller EØS-medlemsstat eller Schweiz.
Forbehold, der gælder i Portugal
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 15/2005, art. 203,194
Den portugisiske advokatvedtægt (Estatuto da Ordem dos Advogados) og lovdekret 229/2004, art. 5, 7-9
Lovdekret 88/2003, art. 77 og 102
Den portugisiske notarvedtægt (Estatuto da Câmara dos Solicitadores), som ændret ved lov 49/2004, ved lov 14/2006 og ved lovdekret nr.
o
 226/2008
Lov 78/2001, art. 31, 4
Forskrift for mægling i familie- og arbejdssager (bekendtgørelse 282/2010)
Lov 21/2007 om mægling i kriminalsager, art. 12
Lov 32/2004, som ændret ved lovdekret 282/2007 og lov 34/2009, om kuratorer, bl.a. art. 3 og 5
Lovdekret 54/2004, art. 1 (Regime jurídico das sociedades de administradores de insolvência)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed, herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at virke under portugisisk lovgivning. Anerkendelsen af kvalifikationen for at virke under portugisisk lovgivning er underlagt princippet om gensidig anerkendelse.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Kun advokatfirmaer, hvis andele ejes udelukkende af advokater, der er medlemmer af det portugisiske advokatsamfund, kan virke i Portugal. Adgang til erhvervet som »solicitadores« kræver statsborgerskab i en EU-medlemsstat.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabstjenesteydelser
Revisionsvirksomhed
Brancheklassifikation:
CPC86211, CPC 86212, CPC 86213, CPC 86219
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 452/99, ændret og genudgivet ved lovdekret 310/2009 — Den portugisiske erhvervssammenslutning for autoriserede regnskabsførere (Estatuto da Ordem dos Técnicos Oficiais de Contas), art. 85, 87
Lovdekret 487/99, ændret og genudgivet ved lovdekret 224/2008 — Den portugisiske erhvervssammenslutning for autoriserede revisorer (Estatuto da Ordem dos Revisores Oficiais de Contas). Art. 95-97
Beskrivelse:
Investering
Regnskabsvirksomhed: Kun regnskabsførere med lokal licens må eje regnskabsføringsfirmaer. Dog må regnskabsvirksomhed også ydes af en juridisk person, der er stiftet i henhold til den portugisiske virksomhedslov uden sådanne ejerskabsbegrænsninger, såfremt de faktiske regnskabsføringstjenester ydes af en regnskabsfører med lokal licens.
Sektor:
Forretningstjenesteydelser
Delsektor:
Inkassovirksomhed
Kreditoplysningsvirksomhed
Brancheklassifikation:
CPC 87901, CPC 87902
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 49/2004
Beskrivelse:
Investering
Der kræves statsborgerskab i en EU-medlemsstat for at yde inkassovirksomhed og kreditoplysningsvirksomhed.
Sektor:
Forretningstjenesteydelser
Delsektor:
Agentvirksomhed med henblik på industriel ejendomsret
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 15/95, som ændret ved lov 17/2010, om agenter for industriel ejendomsret, art. 2
Portaria 1200/2010, art. 5
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Agenter for industriel ejendomsret er underlagt kravet om statsborgerskab i en EØS-medlemsstat.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 368/91 (statut for dyrlægernes erhvervssammenslutning)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der er krav om bopæl for at kunne yde veterinærtjenester.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom
Brancheklassifikation:
CPC 821, CPC 822
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 211/2004 (art. 3 og 25), som ændret og genudgivet ved lovdekret 69/2011
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der er bopælskrav i en EØS-medlemsstat for fysiske personer. Der er krav om stiftelse i en EØS-medlemsstat for juridiske personer.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med landbrug
Brancheklassifikation:
Del af CPC 88
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 119/92
Lov 47/2011
Lovdekret 183/98
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Erhvervene som biolog, kemiker og agronom er forbeholdt fysiske personer.
Sektor:
Forretningstjenesteydelser
Delsektor:
Sikkerhedstjenester
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 34/2013
Bekendtgørelse 273/2013
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ydelse af sikkerhedstjenester fra en udenlandsk leverandørs side på tværs af grænserne er ikke tilladt.
Der er krav om statsborgerskab for specialiseret personale.
Sektor:
Distribution
Delsektor:
Detailhandelsvirksomhed
Brancheklassifikation:
CPC 631, CPC 632 bortset fra CPC 6321, CPC 63297
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret nr. 21/2009, 19. januar
Bekendtgørelser nr.
o
 417/2009 og 418/2009, 16. april
Beskrivelse:
Investering
Der findes en specifik autorisationsordning for oprettelse af bestemte detailforetagender. Dette vedrører virksomheder, der har et salgsareal på over 2 000  m
2
, foretagender, der tilhører en virksomhed eller er tilknyttet en erhvervsgruppe, der har et samlet salgsareal på 30 000  m
2
 eller derover, eller kommercielle salgssteder, som har et bruttogulvareal på 8 000  m
2
 eller derover. Mikrovirksomheder er udelukket.
Hovedkriterier: bidrag til en udvidelse af erhvervsmæssige tilbud, vurdering af tjenester til kunden, jobkvaliteten og selskabets sociale ansvar, integration i bymæssigt miljø og bidrag til miljøeffektiviteten.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 307/2007, art. 9, 14 og 15
Bekendtgørelse 1430/2007
Beskrivelse:
Investering
Etableringstilladelse er underlagt en økonomisk behovsprøve. Hovedkriterier: tætheden i området.
I erhvervsvirksomheder, hvor kapitalen er repræsenteret af andele, skal disse være personhenførende. Ingen person må samtidigt enten direkte eller indirekte eje eller udøve ejerskab, drift eller forvaltning af mere end fire apoteker.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Kapitel I, afsnit VI i lovdekret 94-B/98, art. 34, nr. 6, 7
Beskrivelse:
Finansielle tjenesteydelser
For at kunne oprette en filial i Portugal skal udenlandske forsikringsselskaber kunne dokumentere mindst fem års forudgående driftsmæssig erfaring. Direkte filialer er ikke tilladt for forsikringsmægling, som er forbeholdt selskaber, der er oprettet i overensstemmelse med lovgivningen i en EU-medlemsstat.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 12/2006, som ændret ved lovdekret 180/2007 lovdekret 357-A/2007, forskrift 7/2007-R, som ændret ved forskrift 2/2008-R
Forskrift 19/2008-R
Forskrift 8/2009
Beskrivelse:
Finansielle tjenesteydelser
Administration af pensionsfonde må kun varetages af specialiserede selskaber, der er registreret i Portugal til dette formål, og af forsikringsselskaber, der er etableret i Portugal og har tilladelse til at foretage livsforsikringsvirksomhed, eller af selskaber, der har tilladelse til at foretage forvaltning af pensionsfonde i andre EU-medlemsstater. Direkte filialer fra ikke-EU-medlemsstater er ikke tilladt.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5122, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 194/98
Lovdekret 197/98
Lovdekret 331/99
Beskrivelse:
Investering og internationale søtransporttjenester
For at registrere et fartøj i det nationale søfartsregister skal udenlandske investorer have deres hovedkontor i Portugal.
Sektor:
Transport
Delsektor:
Vejtransport
Brancheklassifikation:
CPC 71222
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lovdekret 41/80, 21. august
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Økonomisk behovsprøve for limousinekørsel. Hovedkriterier: de eksisterende virksomheders antal og betydning, befolkningstætheden, den geografiske spredning, de trafikale forhold og skabelsen af nye arbejdspladser.
Forbehold, der gælder i Rumænien
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 312/2005 om udenlandske borgeres og statsløse personers samt udenlandske juridiske personers erhvervelse af ejerskab af grunde
Beskrivelse:
Investering
Udenlandske statsborgere og statsløse personer samt juridiske personer (bortset fra statsborgere i en EU- eller EØS-medlemsstat) må erhverve ejendomsrettigheder over grunde på de betingelser, som er reguleret af internationale aftaler på baggrund af princippet om gensidig anerkendelse.
Udenlandske statsborgere, statsløse personer og juridiske personer kan ikke erhverve ejendomsrettigheder over grunde på mere gunstige vilkår end dem, der gælder for en statsborger i en EU-medlemsstat og juridiske personer, der er etableret i henhold til lovgivningen i en EU-medlemsstat.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Advokatloven
Lov om mægling
Lov for notarer og notaraktivitet
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
En udenlandsk advokat må udøve sit juridiske erhverv i en af de former, der er tilladt i henhold til national lovgivning efter eget valg på et ikke-diskriminerende grundlag. Disse juridiske former er beskrevet i art. 5, stk. 1, i lov 51/1995 (individuelle advokatkontorer, fælles advokatkontorer, faglige civilretlige virksomheder eller faglige civilretlige virksomheder med begrænset ansvar
).
En udenlandsk advokat må ikke foretage mundtlige eller skriftlige afgørelser ved domstolene eller andre retlige organer, bortset fra international voldgift.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Regeringens hastebekendtgørelse nr. 90/2008, med senere ændringer, som gennemførte bestemmelserne i Europa-Parlamentets og Rådets direktiv 2006/43/EF af 17. maj 2006 om lovpligtig revision af årsregnskaber og konsoliderede regnskaber, om ændring af Rådets direktiv 78/660/EØF og 83/349/EØF og om ophævelse af Rådets direktiv 84/253/EØF.
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
En lovpligtig revisionsaktivitet må kun udføres af statsautoriserede revisorer eller revisionsfirmaer, som er godkendt i henhold til vilkårene i hastebekendtgørelse nr. 90/2008.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 297/2004 om kapitalmarkeder
CNVM (»Comisia Nationala a Valorilor Mobiliare«), forordning nr. 2/2006 om regulerede markeder og alternative handelssystemer
Beskrivelse:
Finansielle tjenesteydelser
Markedsoperatører er rumænske juridiske personer, der er etableret som aktieselskaber i henhold til bestemmelserne i virksomhedsloven. Det alternative handelssystem kan forvaltes af en systemoperatør, der er etableret på de vilkår, der er beskrevet ovenfor, eller af et investeringsfirma, der er autoriseret af CNVM.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5122, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Regeringsbekendtgørelse nr. 42 af 28. august 1997
Ministeriel bekendtgørelse nr. 1627/2006
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Retten til at sejle under rumænsk flag tildeles:
a)
skibe, som ejes af rumænske fysiske eller juridiske personer,
b)
søgående skibe, der ejes af fysiske personer, der er statsborgere i en EU-medlemsstat eller en medlemsstat i Det Europæiske Økonomiske Samarbejdsområde, eller af juridiske personer, der er etableret (har deres hovedsæde) i en EU- eller EØS-medlemsstat,
c)
skibe, der ejes af udenlandske fysiske personer, der har deres bopæl eller er hjemmehørende i Rumænien, eller af rumænske filialer tilhørende udenlandske juridiske personer, bortset fra dem, der er nævnt i litra b)
d)
skibe, der ejes af udenlandske fysiske eller juridiske personer, og som lejes i form af bareboat- eller leasingcharter for perioder på over et år af rumænske eller udenlandske fysiske eller juridiske personer.
Det er forbudt at tildele retten til at sejle under rumænsk flag til skibe, der er 20 år eller derover.
Sektor:
Transport
Delsektor:
Anden planlagt passagerbefordring
Vejgodstransportoperatører
Anden ikke-planlagt passagerbefordring
Brancheklassifikation:
CPC7121, CPC 7122, CPC 7123
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Rumænsk lov om vejtransport (regeringsbekendtgørelse nr. 27/2011)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Operatører af vejgodstransport og personbefordring på vej må kun benytte køretøjer, som er registreret i Rumænien, og som ejes og benyttes i henhold til bestemmelserne i regeringens bekendtgørelse.
Forbehold, der gælder i Den Slovakiske Republik
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 586/2003 om advokatstanden, art. 2, 12
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed (slovakisk ret), herunder møderet ved domstolene. Der er bopælskrav (handelsmæssig tilstedeværelse) for at opnå fuldgyldigt medlemskab af advokatsamfundet.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed (slovakisk ret). Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Kun statsborgere i en EØS-medlemsstat eller Schweiz kan opnå medlemskab af advokatsamfundet og har dermed ret til at yde juridiske tjenesteydelser med henblik på slovakisk lovgivning.
Sektor:
Råstofudvinding
Delsektor:
Brancheklassifikation:
ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.1 12, ISIC rev 3.1 13, ISIC rev 3.1 14, CPC 7131
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 51/1988 om minedrift, art. 4a
Lov 313/1999 om geologisk aktivitet, art. 5
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
I forbindelse med minedrift, aktiviteter med tilknytning til minedrift og geologisk aktivitet kræves stiftelse i en EU- eller EØS-medlemsstat (ingen filialer).
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211, CPC86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 540/2007 om revisorer, art. 3, 4, 5
Beskrivelse:
Investering
Kun et selskab, hvor mindst 60 procent af kapitalinteresserne eller stemmerettighederne er forbeholdt slovakiske statsborgere eller statsborgere i en EU-medlemsstat, kan blive autoriseret til at udføre revisioner i Den Slovakiske Republik.
Sektor:
Forretningstjenesteydelser
Delsektor:
Arkitekttjenesteydelser
Byplanlægning og landskabsarkitektur,
ingeniørvirksomhed
Integrerede ingeniørtjenesteydelser
Brancheklassifikation:
CPC 8671, CPC 8672, CPC 8673, CPC 8674
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 138/1992 om arkitekter og ingeniører, art. 3, 15, 15a, 17a, 18a
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For at en fysisk person, der opholder sig på Den Slovakiske Republiks territorium, kan yde disse tjenester, kræves der medlemskab af den slovakiske arkitektsammenslutning eller den slovakiske ingeniørsammenslutning. Der kræves bopæl i Slovakiet for at være medlem.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 442/2004 om private dyrlæger, art. 2
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Obligatorisk medlemsskab af det slovakiske dyrlægekammer. Der kræves bopæl i Den Slovakiske Republik for at opnå medlemsskab.
Adgang er begrænset til fysiske personer.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 140/1998 om lægemidler og medicinsk udstyr, art. 35a
Lov 578/2004 om udbydere af sundhedstjenester, ansatte i sundhedssektoren, faglig organisation
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Bopælskrav for at få licens som farmaceut eller at åbne et apotek med henblik på detailsalg af farmaceutiske produkter og visse medicinske artikler til offentligheden.
Sektor:
Undervisning
Delsektor:
Undervisning på videregående uddannelsesinstitutioner
Brancheklassifikation:
CPC 92
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov nr. 131 af 21. februar 2002 om videregående uddannelser og om ændringer og supplementer til bestemte love
Beskrivelse:
Investering
Der kræves etablering i en EU-medlemsstat for at ansøge om statslig godkendelse til at operere som en privatfinansieret videregående uddannelsesinstitution. Dette forbehold gælder ikke for teknisk og erhvervsfaglig sekundærundervisning.
Sektor:
Tjenesteydelser på miljøområdet
Delsektor:
Bearbejdning og genanvendelse af brugte batterier og akkumulatorer, spildolier, udtjente biler og affald fra elektrisk og elektronisk udstyr
Brancheklassifikation:
Del af CPC 9402
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 223/2001 om affald
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Med henblik på bearbejdning og genanvendelse af brugte batterier og akkumulatorer, spildolier, udtjente biler og affald fra elektrisk og elektronisk udstyr kræves der stiftelse i en EU- eller EØS-medlemsstat (krav om bopæl).
Sektor:
Sundhedstjenester
Delsektor:
Læge- og tandlægevirksomhed, jordmodervirksomhed, sygeplejevirksomhed, fysioterapeutiske og paramedicinske tjenester
Brancheklassifikation:
CPC 9312, CPC 9319
Forbeholdstype:
Markedsadgang
Nationalt
Forvaltningsniveau:
Sundhedstjenester
Foranstaltninger:
Lov 576/2004 og sundhedsbehandling
Lov 578/2004 om udbydere af sundhedsvirksomhed, ansatte i sundhedssektoren, faglig organisation
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Tjenesterne må kun ydes af fysiske personer.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov 435/2000 om søfart, art. 10
Beskrivelse:
Investering og internationale søtransporttjenester
For at registrere et fartøj i det nationale skibsregister i Den Slovakiske Republik skal juridiske personer være etableret i Den Slovakiske Republik, og fysiske personer skal være slovakiske statsborgere med fast bopæl i Den Slovakiske Republik.
Forbehold, der gælder i Slovenien
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Zakon o odvetništvu (Neuradno prečiščeno besedilo-ZOdv-NPB2 Državnega Zbora RS z dne 21.5.2009 (advokatlov) uofficiel konsolideret tekst udarbejdet af det slovenske parlament fra 21.5.2009)
Beskrivelse:
Investering
Handelsmæssig tilstedeværelse for advokater udpeget af det slovenske advokatsamfund er begrænset til enkeltmandsvirksomheder, advokatfirmaer med begrænset ansvar (interessentskab) eller til et advokatfirma med ubegrænset ansvar (interessentskab). Et advokatfirmas aktiviteter skal begrænses til udøvelse af advokatvirksomhed. Kun advokater har ret til at være partnere i et advokatfirma.
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabsvæsens- og bogholderivirksomhed
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Zakon o revidiranju (Zrev-2 Uradni list RS,št.65/2008),(revisionslov — statstidende RS nr. 65/2008)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Krav om handelsmæssig tilstedeværelse.
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom
Brancheklassifikation:
CPC 821, CPC 822
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om ejendomsmæglere
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Såfremt Canada og dets provinser og territorier tillader slovenske statsborgere og virksomheder at virke som ejendomsmæglere, vil Slovenien tillade canadiske statsborgere og virksomheder at virke som ejendomsmæglere på samme vilkår, derudover skal følgende krav opfyldes: ret til at virke som ejendomsmægler i oprindelseslandet, indsendelse af det relevante dokument om straffrihed i kriminalsager og opførelse i registeret over ejendomsmæglere i det pågældende (slovenske) fagministerium.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om apoteksvirksomhed (statstidende nr. 36/2004), art. 2, 6-8, 13-14
Lov om lægemidler (statstidende for RS, nr. 31/06, 45/08), art. 17, 21, 74, 79, 81
Beskrivelse:
Investering
Apoteksvirksomhed kan udføres af private personer på basis af koncessioner, der er tildelt af kommunens eller regionens kompetente administrative organ i henhold til aftale med sundhedsministeriet efter forudgående udtalelse fra Sloveniens apotekssammenslutning og instituttet for sundhedsforsikring.
Sektor:
Undervisning
Delsektor:
Primærundervisning
Brancheklassifikation:
CPC 921
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om organisation og finansiering af uddannelse (Republikken Sloveniens statstidende, nr. 12/1996) og revisioner heraf, art. 40
Beskrivelse:
Investering
Privatfinansierede grundskoler må kun oprettes af slovenske fysiske og juridiske personer.
Tjenesteyderen skal etablere et registreret kontor eller en filial.
Sektor:
Sundhedsydelser og sociale tjenesteydelser
Delsektor:
Sundhedsvæsen
Brancheklassifikation:
CPC 931
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om sundhedstjenester, statstidende for RS, nr. 23/2005, art. 1, 3, 62-64
Lov om behandling af barnløshed og procedurer for biomedicinsk støttet forplantning, statstidende for RS, nr.: 70/00, art. 15 og 16
Beskrivelse:
Investering
Der gælder et statsmonopol for følgende tjenesteydelser:
blodlevering, blodpræparater, fjernelse og konservering af menneskelige organer med henblik på transplantation, sociomedicinske, hygiejniske, epidemiologiske og sundhedsøkologiske tjenesteydelser, patoanatomiske tjenester og biomedicinsk støttet forplantning.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om pensions- og handicapforsikring (statstidende nr. 109/2006), art. 306
Beskrivelse:
Finansielle tjenesteydelser
En pensionsordning må tilbydes af en fælles pensionsfond (som ikke er en juridisk enhed og derfor forvaltes af et forsikringsselskab, en bank eller et pensionsselskab), et pensionsselskab eller et forsikringsselskab. Desuden kan en pensionsordning tilbydes af udbydere af pensionsordninger, der er etableret i overensstemmelse med de forskrifter, der gælder i en EU-medlemsstat.
Sektor:
Energitjenester
Delsektor:
Rørledningstransport af brændstoffer
Lager- og pakhusvirksomhed for brændstoffer, der transporteres gennem rørledning
Brancheklassifikation:
CPC 7131, del af CPC 742
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Energetski zakon (lov om energi), statstidende RS, nr. 27/07- konsolideret tekst, 70/80, 22/2010
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves en licens i forbindelse med produktion, handel og distribution af flydende brændstoffer, behandling af olie og olieprodukter, transmission og distribution af energi og brændstoffer via net, der oplagrer gasformige, flydende og faste brændstoffer, el-, gas- og varmeforsyning, drift af el- eller naturgasmarkedet og repræsentation og mægling på elektricitets- og naturgasmarkederne.
Disse aktiviteter er underlagt registrering, som er betinget af etablering i Slovenien.
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Artikel 210 i søfartskodekset
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Søgående skibe, der ikke er handelsskibe, kan blive registreret til at sejle under slovensk flag, hvis:
a)
hvis over halvdelen af skibet ejes af borgere i Republikken Slovenien, statsborgere i en EU-medlemsstat eller af juridiske personer, der har deres hovedkontor i Slovenien eller i en EU-medlemsstat, eller
b)
hvis over halvdelen af skibet ejes af statsborgere i en ikke-EU-medlemsstat, og skibets operatør er kvalificeret som en af de personer, der er beskrevet i det foregående afsnit, med accept fra skibets ejer.
Hvis ejeren eller medejeren ikke er borger i Slovenien eller en juridisk person, der har hovedsæde i Slovenien, skal der udpeges en autoriseret repræsentant med henblik på juridiske og administrative anvisninger, inden skibet registreres. Autorisationen skal meddeles den kompetente myndighed, der fører registeret.
Atomdrevne skibe kan ikke registreres.
Forbehold, der gælder i Spanien
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Kongeligt dekret 664/1999 af 23. april 1999 angående udenlandsk investering
Beskrivelse:
Investering
Udenlandsk investering i aktiviteter, der har direkte forbindelse til investering i fast ejendom til diplomatiske missioner fra stater, som ikke er medlemmer af EU, kræver en administrativ autorisation fra det spanske ministerråd, medmindre der er en gensidig liberaliseringsaftale i kraft.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001, art. 13.1
a
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fuldgyldigt medlemskab af advokatsamfundet er en forudsætning for udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret, herunder møderet ved domstolene.
Kun statsborgere i en EØS-medlemsstat eller Schweiz kan opnå medlemskab af advokatsamfundet og har dermed ret til at yde advokatvirksomhed i tilknytning til indenlandsk ret.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret. Visse juridiske former kan være forbeholdt udelukkende advokater, som er medlemmer af advokatsamfundet, ligeledes på et ikke-diskriminerende grundlag.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og 86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Real Decreto Legislativo 1/2011 de 1 de julio por el que se aprueba el texto refundido de la Ley de Auditoria de Cuentas, arts. 8.1, 8.2.c, 9.2, 9.3,10.1
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Lovpligtige revisorer er underlagt krav om statsborgerskab i en EU-medlemsstat. Dette forbehold gælder ikke for revision af ikke-EU-virksomheder, som er oplistet på et spansk reguleret marked.
Sektor:
Forretningstjenesteydelser
Delsektor:
Advokatvirksomhed i forbindelse med intellektuel ejendomsrettighed
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad, arts. 155-157
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Advokater for industriel ejendomsret er underlagt kravet om statsborgerskab i en EU-medlemsstat.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Real Decreto 1840/2000. Estatutos Generales de la Organización Colegial Veterinaria Española (statut for Spaniens veterinærsammenslutning), art. 62, 64
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Medlemsskab af en faglig sammenslutning er obligatorisk og kræver statsborgerskab i en EU-medlemsstat, hvilket kan fraviges i forbindelse med en bilateral erhvervsaftale.
Sektor:
Distribution
Delsektor:
Detailsalg af tobak
Brancheklassifikation:
CPC 63108
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Ley 13/1998 de 4 de Mayo de Ordenación del Mercado de Tabacos y Normativa Tributaria, art. 4
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Statsmonopol på detailhandel med tobak. Etablering er underlagt krav om statsborgerskab i en EU-medlemsstat.
Sektor:
Distribution
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske artikler
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (lov 16/1997 af 25. april, der regulerer apotekstjenester), art. 2, 3.1
Ley 29/2006, de 26 de julio, de garantías y uso racional de los medicamentos y productos sanitarios, art. 2(5) (lov 29/2006 af 26. juli, der regulerer farmaceutiske produkters og medicinske artiklers sikkerhed og fornuftige anvendelse).
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun fysiske personer har tilladelse til at udøve detailhandel med farmaceutiske produkter og specifikke medicinske artikler til offentligheden.
Hver farmaceut kan højst opnå én tilladelse.
Etableringstilladelse er underlagt en økonomisk behovsprøve. Hovedkriterier: tætheden i området.
Bestilling af farmaceutiske produkter pr. post er forbudt.
Sektor:
Undervisning
Delsektor:
Undervisning på videregående uddannelsesinstitutioner
Brancheklassifikation:
CPC 923
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Ley Orgánica 6/2001, de 21 de Diciembre, de Universidades. (
Lov 6 / 2001 af 21. december om universiteter), art. 4
Beskrivelse:
Investering
Der kræves autorisation for at åbne et privatfinansieret universitet, som udsteder anerkendte diplomer eller beviser. Proceduren omfatter godkendelse fra parlamentet. Der anvendes en økonomisk behovsprøve, hovedkriterierne er befolkningsstørrelse og tæthed for eksisterende indretninger.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Real Decreto Legislativo 6/2004, de 29 de octubre, por el que se aprueba el texto refundido de la Ley de ordenación y supervisión de los seguros privados 
(lov om regulering og overvågning af privatforsikring)
Beskrivelse:
Finansielle tjenesteydelser
Før der må etableres en filial eller et agentur i Spanien til at levere visse forsikringsklasser, skal den pågældende udenlandske forsikringsvirksomhed i mindst fem år have haft tilladelse til i sit hjemland at drive virksomhed inden for de samme forsikringsklasser.
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Turistguidevirksomhed
Brancheklassifikation:
CPC 7472
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Regionalt (under forbundsniveau)
Foranstaltninger:
Andalucía
Decreto 80/2010, de 30 de marzo, de simplificación de trámites administrativos y de modificación de diversos Decretos para su adaptación al Decreto-ley 3/2009, de 22 de diciembre, por el que se modifican diversas Leyes para la transposición en Andalucía de la Directiva relativa a los Servicios en el Mercado Interior, art 3.5
Aragón
Decreto 264/2007
, de 23 de octubre, del Gobierno de Aragón, por el que se aprueba el Reglamento de Guías de Turismo, art. 13
Cantabria
Decreto 51/2001
, de 24 de julio, art. 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 96/2006
, 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, art. 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 43/2000
, de 22 de febrero, por el que se modifica el 
Decreto 12/1996
, de 6 de febrero, por el que se aprueba el reglamento de la actividad profesional de Guía Turístico
Galicia
Decreto 42/2001
, de 1 de febrero, de Refundición en materia de agencias de viajes, 
guias de turismo
 y turismo activo.
Illes Balears
Decreto 136/2000
, de 22 de septiembre, por el cual se modifica el 
Decreto 112/1996
, de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares.
Islas Canarias
Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la profesión de guía de turismo en la Comunidad Autónoma de Canarias, art 5
La Rioja
Decreto 20/2000
, de 28 de abril, de modificación del 
Decreto 27/1997
, de 30 de abril, por el que se aprueba el Reglamento regulador de la profesión de Guías de Turismo.
Navarra
Decreto 125/95
, de 20 de mayo, por el que se regula la profesión de guias de turismo en 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.
Región de Murcia
Decreto n.
o
 37/2011, de 8 de abril, por el que se modifican diversos decretos en materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del Consejo de 12 de diciembre de 2006, relativa a los servicios en el mercado interior (los guías podrían ser extranjeros si tienen homologación de las titulaciones requeridas)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves statsborgerskab i en EU-medlemsstat for at yde turistguidevirksomhed.
Sektor:
Fiskeri,transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om havne og søfart (kongeligt lovdekret 2/2011), artikel 251, 252, 253, og supplerende disposition 16. indrykning 4.a), samt artikel 6, i det kongelige dekret 1516/2007 om den juridiske ordning for cabotage og søfart af offentlig interesse
Beskrivelse:
Investering og internationale søtransporttjenester
For at registrere en skib i Spaniens nationale register og for at sejle under nationalt flag skal ejeren af det pågældende skib eller personen, som er eneste ejer af det pågældende skib, være spansk statsborger eller etableret i Spanien eller stiftet i en anden EU-medlemsstat.
For at registrere et skib i det særlige register skal ejerselskabet være etableret på De Kanariske Øer.
Forbehold, der gælder i Sverige
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lag om utländska filialer m.m (lov om udenlandske filialer) (1992:160)
Aktiebolagslagen (selskabsloven) (2005:551),
Lov om aktieselskaber (1987:667)
Lov om europæiske økonomiske interessegrupper (1994:1927)
Beskrivelse:
Investering
Et udenlandsk selskab, som ikke har etableret en juridisk enhed i Sverige
 eller udøver sin virksomhed gennem en handelsagent, 
skal gennemføre sine kommercielle transaktioner gennem en filial, der er etableret i Sverige, med en uafhængig ledelse og separate regnskaber. 
Den administrerende direktør for filialen, eller den administrerende vicedirektør, hvis en sådan er udpeget, skal være bosiddende i EØS. En fysisk person, der ikke har bopæl i EØS, og som gennemfører kommercielle transaktioner i Sverige, skal udpege og registrere en repræsentant med bopæl i landet, som skal være ansvarlig for driften i Sverige. Der føres særskilt regnskab for transaktioner i Sverige. Den kompetente myndighed kan i de enkelte tilfælde indrømme undtagelser fra filial- og bopælskravene. Byggeprojekter af en varighed på mindre end et år, der gennemføres af et selskab med hjemsted eller en fysisk person med bopæl uden for EØS, er fritaget for kravene om etablering af en filial eller udpegelse af en repræsentant med bopæl i landet.
Et svensk selskab med begrænset ansvar kan etableres af en fysisk person med bopæl i EØS, af en svensk juridisk person eller af en juridisk person, der er oprettet i overensstemmelse med lovgivningen i en EØS-medlemsstat, og som har vedtægtsmæssigt hjemsted, hovedkontor eller hovedforretningssted i EØS. Et interessentskab kan kun være en stifter, hvis alle ejerne med ubegrænset personlig hæftelse har bopæl i EØS. Stiftere uden for EØS kan anmode om tilladelse fra den kompetente myndighed.
For selskaber med begrænset ansvar og kooperative økonomiske sammenslutninger skal mindst 50 procent af bestyrelsesmedlemmerne, mindst 50 procent af suppleanterne til bestyrelsen, den administrerende direktør, den administrerende vicedirektør og mindst én af de personer, der er bemyndiget til at underskrive på virksomhedens vegne, hvis der er udpeget en sådan person, være bosiddende i EØS. Den kompetente myndighed kan indrømme undtagelser fra dette krav. Hvis ingen af virksomhedens/selskabets repræsentanter har bopæl i Sverige, skal bestyrelsen udpege og registrere en person, der har bopæl i Sverige, og som har fået tilladelse til at modtage forkyndelser på vegne af virksomheden/selskabet.
Tilsvarende betingelser gælder for etablering af alle andre former for juridiske enheder.
Sektor:
Dyreavl
Delsektor:
Rensdyravl
Brancheklassifikation:
ISIC rev 3.1 014
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om rensdyravl (1971:437), par. 1
Beskrivelse:
Investering
Kun samere kan eje eller udøve rensdyravl.
Sektor:
Fiskeri og akvakultur
Delsektor:
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Søfartslov (1994:1009)
Fiskerilov (1993:787)
Bekendtgørelse om fiskeri, akvakultur og fiskeindustrien (1994:1716)
Forskrift for fiskeri fra det nationale fiskeriråd (2004:25)
Bekendtgørelse om skibssikkerhed (2003:438)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Erhvervsfiskeri er fiskeri med en erhvervsfiskerilicens eller fiskeri af udenlandske fiskere, der har en specifik tilladelse til at fiske erhvervsmæssigt i Sveriges territorialfarvand eller i det svenske økonomiske område.
Der kan tildeles en erhvervsfiskerilicens til en fisker, for hvem fiskeri er afgørende for dennes indtjening, og hvis fiskeriet har en forbindelse til den svenske fiskeindustri. En forbindelse til svensk fiskeriindustri kunne f.eks. være dokumenteret, hvis fiskerne afsætter halvdelen af deres fangst (i værdi) i et kalenderår i Sverige, hvis halvdelen af fisketurene afgår fra en svensk havn, eller halvdelen af fiskerne i flåden har bopæl i Sverige.
For fartøjer på over fem meter kræves der en skibstilladelse sammen med en erhvervsfiskerilicens. Der tildeles en tilladelse, hvis skibet blandt andet er registreret i det nationale register, hvis fartøjet har en økonomisk forbindelse til Sverige, hvis indehaveren af tilladelsen er fisker med en erhvervsfiskerilicens, og hvis kaptajnen på fartøjet er en fisker med en erhvervsfiskerilicens.
Kaptajnen på et fiskeskib på over 20 bruttoton skal være statsborger i en EØS-medlemsstat. Den svenske trafikstyrelse kan bevilge fritagelse.
Et skib anses for svensk og kan sejle under svensk flag, hvis mere end halvdelen ejes af svenske statsborgere eller svenske juridiske personer. Staten kan tillade udenlandske skibe at sejle under svensk flag, hvis deres aktiviteter er under svensk kontrol, eller ejeren har fast bopæl i Sverige. Skibe, der er mere end 50 procent ejet af EØS-statsborgere eller selskaber, der har deres vedtægtsmæssige hjemsted, centraladministration eller hovedvirksomhed i EØS, og som administreres fra Sverige, kan også optages i det svenske register.
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Rättegångsbalken (svensk lov om retspleje) (1942:740)
Adfærdskodeks for det svenske advokatsamfund vedtaget 29. august 2008
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
For at opnå medlemskab af advokatsamfundet, hvilket kræves for brug af den svenske titel »
advokat
«, er der krav om bopæl i EU, EØS eller Schweiz. Det svenske advokatsamfund kan udstede dispensationer. Det er ikke nødvendigt at være medlem af advokatsamfundet for at udøve advokatvirksomhed inden for rammerne af national ret.
Et medlem af det svenske advokatsamfund må ikke ansættes af andre end et medlem af advokatsamfundet eller en virksomhed, der udøver forretningen for et medlem af advokatsamfundet. Dog kan et medlem af advokatsamfundet ansættes af et udenlandsk firma, der udøver advokatvirksomhed, forudsat at den pågældende virksomhed er hjemmehørende i et land i EU, EØS eller i Schweiz.
Medlemmer, der udøver deres virksomhed i form af et selskab eller interessentskab, må ikke have andre formål eller udføre anden forretning end udøvelse af advokatvirksomhed. Samarbejde med andre advokatselskaber er tilladt, dog kræver samarbejde med udenlandske virksomheder en tilladelse fra bestyrelsen i advokatsamfundet.
Kun et medlem må direkte eller indirekte, eller via et selskab, virke som advokat, eje andele i virksomheden eller være partner. Kun et medlem må være medlem af eller en suppleant for bestyrelsen eller stedfortrædende administrerende direktør eller en autoriseret signatar eller sekretær for virksomheden eller interessentskabet.
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211, CPC86212, bortset fra regnskabstjenesteydelser
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Revisorslagen (revisorloven) (2001:883)
Revisionslag (revisionsloven) (1999:1079)
Aktiebolagslagen (aktieselskabsloven) (2005:551)
Lag om ekonomiska föreningar (lov om økonomiske sammenslutninger) (1987:667)
Andre, der regulerer kravene for at gøre brug af godkendte revisorer
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Kun revisorer, der er godkendt i Sverige, autoriserede revisorer og registrerede revisionsfirmaer, må udføre lovpligtig revisorvirksomhed i bestemte juridiske enheder, inklusive alle begrænsede virksomheder, samt for fysiske personer.
Kun revisorer, der er godkendt i Sverige, og registrerede offentlige revisionsfirmaer kan være aktieejere eller danne interessentskaber i virksomheder, der foretager autoriseret revision (til offentlig brug).
Der er bopælskrav i EØS eller Schweiz med henblik på godkendelse.
Titlerne »godkendt revisor« og »autoriseret revisor« må kun anvendes af revisorer, der er godkendt eller autoriseret i Sverige.
Revisorer for kooperative økonomiske sammenslutninger og visse andre virksomheder, der ikke er certificerede eller godkendte revisorer, skal have bopæl i EØS, medmindre staten eller en offentlig myndighed, der er udpeget af staten, i særlige tilfælde tillader noget andet.
Sektor:
Forretningstjenesteydelser
Delsektor:
Udlejning eller leasing af køretøjer uden personale
Brancheklassifikation:
CPC 831
Forbeholdstype:
National behandling
Forvaltningsniveau:
Centralt
Foranstaltninger:
Lag (1998:424) om biluthyrning (lov om biludlejning og -leasing)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Leverandører af biler eller terrængående køretøjer (terrängmotorfordon) på udlejnings- eller leasingbasis uden fører i en periode på under et år skal udpege en person, der blandt andet skal være ansvarlig for f.eks. at sikre, at aktiviteterne foregår i overensstemmelse med de gældende regler og forskrifter, og at trafiksikkerhedsreglerne overholdes. Den ansvarlige person skal være bosiddende i Sverige.
Sektor:
Forretningstjenesteydelser
Delsektor:
Udlejning eller leasing uden personale
Udlejning eller leasing af skibe
Brancheklassifikation:
CPC 83103
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Sjölagen (søloven) (1994:1009), kapitel 1, § 1
Beskrivelse:
Investering
For at sejle under svensk flag kræves der dokumentation for svensk dominans, hvis der er udenlandske ejerrettigheder i skibene. Svensk dominans betyder en proportionelt stor andel af svenske ejerrettigheder i skibet, og at driften af skibet foregår i Sverige.
Udenlandske skibe kan få tildelt en dispensation fra denne regel, hvis de lejes eller lease af svenske juridiske personer via bareboat-charterkontrakter. For at få tildelt en dispensation skal bareboat-charterkontrakten fremlægges for den svenske søfartsforvaltning og dokumentere, at befragteren påtager sig det fulde ansvar for driften og besætningen på det leasede eller lejede skib. Kontraktens varighed skal være mindst et til to år.
Sektor:
Forretningstjenesteydelser
Delsektor:
Andre forretningstjenesteydelser
Brancheklassifikation:
CPC 87909
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om byggeforeninger (1991:614)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Den økonomiske plan for en byggeforening skal certificeres af to personer. Disse personer skal være offentligt godkendt af myndigheder i EØS.
Sektor:
Andre forretningstjenesteydelser, i.a.n.
Delsektor:
Pantelånere
Brancheklassifikation:
Del af CPC 87909
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
LOV OM PANTELÅNERE (1995:1000)
Beskrivelse:
Investering
Pantelånere skal være etableret som en virksomhed med begrænset ansvar eller som en filial.
Sektor:
Distributionstjenester
Delsektor:
Detailhandel
Brancheklassifikation:
Del af CPC 631, del af CPC 6322
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Alkoholloven (2010:1622)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Systembolaget AB har regeringsmonopol på at sælge spiritus, vin og øl (bortset fra alkoholfrie øl). Alkoholholdige drikkevarer er drikkevarer med en alkoholprocent på over 2,25. For øl er grænsen for alkoholprocenten på over 3,5.
Sektor:
Trykkeri- og forlagsvirksomhed
Delsektor:
Brancheklassifikation:
ISIC rev 3.1 22, CPC 88442
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om pressefrihed(1949:105)
Grundlæggende lov om ytringsfrihed (1991:1469)
Lov om bekendtgørelser med henblik på lov om pressefrihed og den grundlæggende lov om ytringsfrihed (1991:1559)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Fysiske personer, som er ejere af tidskrifter, der trykkes og udgives i Sverige, skal være bosiddende i Sverige eller være statsborgere i en EØS-medlemsstat. Ejerne af sådanne tidsskrifter, der er juridiske personer, skal være etableret i EØS.
Tidsskrifter, der trykkes og udgives i Sverige, og tekniske optegnelser skal have en ansvarshavende redaktør, som skal have bopæl i Sverige.
Sektor:
Tjenesteydelser på miljøområdet
Delsektor:
Beskyttelse af luft og klima
Brancheklassifikation:
CPC 9404
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om køretøjer (2002:574)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kun enheder, som er etableret i Sverige eller har deres hovedsæde i Sverige, kan opnå akkreditering med henblik på at udføre kontrol af udstødningsgasser.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lag om försäkringsförmedling (lov om forsikringsformidling) (2005:405), kapitel 3, § 2
Beskrivelse:
Finansielle tjenesteydelser
Forsikringsformidlingsvirksomheder, der ikke er registreret i Sverige, må kun etablere en handelsmæssig tilstedeværelse via en filial.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om udenlandsk forsikringsvirksomhed i Sverige (1998:293)
Beskrivelse:
Finansielle tjenesteydelser
Levering af direkte forsikring er kun tilladt gennem en leverandør af forsikringstjenesteydelser, der har særlig tilladelse i Sverige, forudsat at den udenlandske leverandør af tjenesteydelser og det svenske forsikringsselskab tilhører samme virksomhedskoncern eller har indgået en samarbejdsaftale.
Sektor:
Finansielle tjenesteydelser
Delsektor:
Banktjenesteydelser og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Sparbankslagen (lov om sparekasser) (1987:619), kapitel 2, § 1, del 2
Beskrivelse:
Finansielle tjenesteydelser
En stifter af en sparekasse skal være en fysisk person, der er hjemmehørende i en EØS-medlemsstat.
Sektor:
Transport
Delsektor:
Al kommerciel havaktivitet, der udføres af et søgående skib, bortset fra fiskeri og akvakultur med inklusive transporttjenester (personer og gods) med søgående fartøjer
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590
Forbeholdstype:
National behandling
Markedsadgang
Forpligtelser
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Sølov (1994:1009), bekendtgørelse om skibssikkerhed (1994:1009)
Bekendtgørelse om skibssikkerhed (2003:438)
Beskrivelse:
Investering, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenester
Et skib anses for svensk og må sejle under svensk flag, hvis mere end halvdelen ejes af svenske statsborgere eller svenske juridiske personer. Staten kan tillade udenlandske skibe at sejle under svensk flag, hvis deres aktiviteter er under svensk kontrol, eller ejeren har fast bopæl i Sverige.
Skibe, der er ejet 50 procent eller derover af EØS-statsborgere eller selskaber, der har deres vedtægtsmæssige hjemsted, centraladministration eller hovedvirksomhed i EØS, og som administreres fra Sverige, kan også optages i det svenske register.
Kaptajnen på et handelsskib eller et traditionelt fartøj skal være statsborger i en EØS-medlemsstat. Den svenske trafikstyrelse kan bevilge fritagelse.
Der gælder et separat svensk forbehold for fartøjer, der anvendes til fiskeri og akvakultur.
Sektor:
Transport
Delsektor:
Jernbanetransporttjenesteydelser
Brancheklassifikation:
CPC 7111
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Järnvägslagen (jernbaneloven) (2004:519), kapitel 5, afsnit 2c
Beskrivelse:
Investering
Opsamling og afsætning af passagerer på linjen mellem Stockholm by og Arlanda lufthavn (hvor Arlanda er start- eller slutdestinationen for rejsen) er begrænset til én operatør. Operatøren af linjen mellem Arlanda og Stockholm må tillade andre operatører at benytte linjen. Dette forbehold gælder ikke for passagerbefordring mellem Arlanda og andre destinationer end Stockholm.
Sektor:
Transport
Delsektor:
Operatører af vejgodstransport og personbefordring
Brancheklassifikation:
CPC 712
Forbeholdstype:
National behandling
Markedsadgang
Mestbegunstigelsesbehandling
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Yrkestrafiklag (2012:210) (lov om erhvervstrafik)
Lag om vägtrafikregister (2001:558) (lov om vejtrafikregister)
Yrkestrafikförordning (2012:237) (forskrift for erhvervstrafik)
Taxitrafiklag (2012:211) (taxalov)
Taxitrafikförordning (2012:238) (forskrift for taxaer)
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves svensk tilladelse for at udøve vejtransportvirksomhed. Et af kriterierne for at få udstedt en taxitilladelse er, at virksomheden har udpeget en fysisk person til at fungere som transportleder (et de facto bopælskrav, jf. de svenske forbehold med hensyn til etableringstyper).
Et kriterium for at få udstedt tilladelse for andre transportleverandører er, at selskabet er etableret i EU, har et etableret forretningssted i Sverige og har udpeget en fysisk person til at fungere som transportleder, der skal have bopæl i EU.
Tilladelser udstedes på ikke-diskriminerende vilkår, idet leverandører af godstransport- og persontransporttjenester som hovedregel kun kan anvende køretøjer, der er indregistreret i det nationale vejtrafikregister. Hvis et køretøj er indregistreret i udlandet, ejet af en fysisk eller juridisk person, hvis bopæl eller hjemsted er i udlandet, og bringes til Sverige til midlertidig anvendelse, kan køretøjet midlertidigt anvendes i Sverige. Midlertidig anvendelse defineres normalt af den svenske trafikstyrelse som ikke over et år.
For operatører af grænseoverskridende vejgodstransport og personbefordring til udlandet kræves der en licens for sådanne operationer fra den kompetente myndighed i det land, hvor de er etableret. Yderligere krav for grænseoverskridende handel kan være reguleret i bilaterale aftaler om vejgodstransport. Der kræves også en sådan licens fra den svenske trafikstyrelse for køretøjer, hvor der ikke gælder en sådan bilateral aftale.
Forbehold, der gælder i Det Forenede Kongerige
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Regionalt
Foranstaltninger:
For England og Wales, lov om sagførere af 1974, retsplejeloven af 1985 og lov om juridiske tjenesteydelser af 2007
For Skotland, lov om sagførere (Skotland) af 1980 og lov om juridiske tjenesteydelser (Skotland) af 2010
For Nordirland, bekendtgørelsen om sagførere (Nordirland) af 1976
Derudover omfatter de gældende foranstaltninger i hver jurisdiktion alle krav, der er fastlagt af faglige og regulerende organer.
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Det relevante faglige eller regulerende organ kan kræve bopæl (handelsmæssig tilstedeværelse) for at yde bestemte juridiske tjenesteydelser inden for national lovgivning i Det Forenede Kongerige.
Den handelsmæssige tilstedeværelse kan kræves at antage en af de juridiske former, som er tilladt i henhold til national lovgivning på et ikke-diskriminerende grundlag, med henblik på udøvelse af advokatvirksomhed for så vidt angår EU-ret og EU-medlemsstatens ret). Derudover kan national lovgivning omfatte ikke-diskriminerende krav angående organisationen af de tilladte juridiske former.
Sektor:
Sundhedstjenester
Delsektor:
Veterinærtjenester
Brancheklassifikation:
CPC 932
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Lov om veterinærkirurger (1966)
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Adgang kun via interessentskab eller fysiske personer.
Der kræves fysisk tilstedeværelse for at udføre veterinær kirurgi. I henhold til loven om veterinær kirurgi er det en strafbar handling for personer, der ikke er veterinære kirurger (og derfor ikke medlem af Royal College of Veterinary Surgeons (RCVS)), at udføre veterinær kirurgi i Det Forenede Kongerige.
Sektor:
Energi
Delsektor:
Udvinding af råolie og naturgas, tjenester i forbindelse med minedrift, tilknyttet videnskabelig og teknisk rådgivning
Brancheklassifikation:
ISIC rev 3.1 11,CPC 883,CPC 8675
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Olielov 1988
Beskrivelse:
Investering og grænseoverskridende handel med tjenesteydelser
Der kræves en licens for at udføre efterforsknings- og produktionsaktiviteter på Det Forenede Kongeriges kontinentalsokkel (UKCS) og yde tjenester, som kræver direkte adgang til eller udvinding af naturressourcer.
Dette forbehold gælder for produktionslicenser, der er udstedt med henblik på Det Forenede Kongeriges kontinentalsokkel. 
For at opnå en licens skal en virksomhed har forretningssted inden for Det Forenede Kongerige. Dette betyder enten: a) personaletilstedeværelse i Det Forenede Kongerige, b) registrering af en virksomhed i Det Forenede Kongerige hos Companies House eller c) registrering af en filial i Det Forenede Kongeringe hos Companies House. Dette krav gælder for alle virksomheder, der ansøger om en ny licens, og for alle virksomheder, der ansøger om at deltage i en eksisterende licens efter tildeling. Det gælder for alle licenser og for alle selskaber, hvad enten de er operatører eller ej.
For at være parthaver i en licens, som omfatter et produktionsfelt, skal en virksomhed: a) være registreret hos Companies House som en virksomhed i Det Forenede Kongerige eller b) drive sin forretning via et fast forretningssted i Det Forenede Kongerige som defineret i afsnit 148 i finansloven af 2003 (som normalt kræver personaletilstedeværelse).
Sektor:
Fiskeri
Transport
Delsektor:
Al kommerciel aktivitet på havene fra et søgående skib, herunder fiskeri, akvakultur og tjenesteydelser i tilknytning til fiskeri
Transporttjenesteydelser (personbefordring og fragt) med søgående skibe
Lodsning og anløbstjenester
Bjærgning og flotbringning
Andre hjælpetjenesteydelser i forbindelse med skibsfart
Anlæg af vandveje, havne, dæmninger og andre vandbygningsarbejder
Brancheklassifikation:
ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Forskrift for handelsskibsfart (registrering af skibe) af 1993 og lov om handelsskibsfart af 1995
Beskrivelse:
Investering og internationale søtransporttjenester
For at registrere et fartøj, der sejler under Det Forenede Kongeriges flag, skal størstedelen af fartøjet være ejet af kvalificerede personer. Sådanne kvalificerede personer kan inkludere: britiske borgere, der har bopæl i Det Forenede Kongerige, britiske borgere, som ikke har bopæl i Det Forenede Kongerige, men hvor der udpeges en repræsentant med bopæl i Det Forenede Kongerige, og de virksomheder, der er stiftet i Det Forenede Kongerige og EØS med et forretningssted i Det Forenede Kongerige eller en udpeget repræsentant i Det Forenede Kongerige.
BILAG II
Indledende note
Forbehold for fremtidige foranstaltninger
1.
En parts liste til dette bilag indeholder i henhold til artikel 8.15 (forbehold og undtagelser), artikel 9.7 (forbehold), artikel 14.4 (forbehold) og for Den Europæiske Unions vedkommende artikel 13.10 (forbehold og undtagelser) de forbehold, som denne part har taget med hensyn til specifikke sektorer, delsektorer eller aktiviteter, for hvilke den kan opretholde eksisterende eller indføre nye eller mere restriktive foranstaltninger, der ikke er i overensstemmelse med de forpligtelser, som indføres ved:
a)
artikel 8.6 (national behandling), artikel 9.3 (national behandling) eller for Den Europæiske Unions vedkommende artikel 13.3 (national behandling)
b)
artikel 8.7 (mestbegunstigelsesbehandling), artikel 9.5 (mestbegunstigelsesbehandling) eller for Den Europæiske Unions vedkommende artikel 13.4 (mestbegunstigelsesbehandling)
c)
artikel 8.4 (markedsadgang), artikel 9.6 (markedsadgang) eller for Den Europæiske Unions vedkommende artikel 13.6 (markedsadgang)
d)
artikel 8.5 (præstationskrav)
e)
artikel 8.8 (øverste ledelse og bestyrelse) eller for Den Europæiske Unions vedkommende artikel 13.8 (øverste ledelse og bestyrelse)
f)
for Den Europæiske Union artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser) eller
g)
artikel 14.3 (forpligtelser).
2.
En parts forbehold berører ikke parternes rettigheder og forpligtelser i medfør af GATS.
3.
Hvert forbehold omfatter følgende elementer:
a)
ved 
sektor
 forstås den overordnede sektor, hvori forbeholdet er taget
b)
ved 
delsektor
 forstås den specifikke sektor, hvori forbeholdet er taget
c)
brancheklassifikation
 henviser i givet fald til den aktivitet, der er omfattet af forbeholdet i henhold til CPC, ISIC rev 3.1, eller som på anden vis udtrykkeligt er beskrevet i en parts forbehold
d)
forbeholdstype
 præciserer den forpligtelse, der er omhandlet i stk. 1, og for hvilken der er taget et forbehold
e)
beskrivelse
 angiver omfanget af den sektor, den delsektor eller de aktiviteter, der er omfattet af forbeholdet, og
f)
gældende foranstaltninger
 angiver af hensyn til gennemsigtigheden eksisterende foranstaltninger, der gælder for den sektor, den delsektor eller de aktiviteter, der er omfattet af forbeholdet.
4.
Ved fortolkningen af et forbehold tages alle forbeholdets elementer i betragtning. 
Beskrivelsen
 går forud for alle andre elementer.
5.
Et forbehold taget på EU-plan finder anvendelse på en foranstaltning truffet af en af Den Europæiske Unions medlemsstater på nationalt plan såvel som en foranstaltning truffet af en regering i en af Den Europæiske Unions medlemsstater, medmindre forbeholdet udelukker en af Den Europæiske Unions medlemsstater. Et forbehold taget af Canada på nationalt regeringsniveau eller af en af Den Europæiske Unions medlemsstater finder anvendelse på en foranstaltning truffet af en regering på regionalt plan, provinsplan eller territorialt eller lokalt plan i det pågældende land.
6.
Hvis en part opretholder en foranstaltning, der kræver, at en tjenesteyder er en fysisk person, statsborger, fast bosiddende eller bosiddende på dens territorium som en betingelse for leveringen af en tjenesteydelse på dens territorium, fungerer et forbehold for denne foranstaltning, som er truffet med hensyn til grænseoverskridende handel med tjenesteydelser, som et forbehold med hensyn til investeringer, for så vidt angår foranstaltningen.
7.
Et forbehold for en foranstaltning, som kræver, at en tjenesteyder er en fysisk person, statsborger, fast bosiddende eller bosiddende på dens territorium som en betingelse for leveringen af en finansiel tjenesteydelse på dens område, truffet med hensyn til artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser) skal fungere som et forbehold med hensyn til artikel 13.3 (national behandling), artikel 13.4 (mestbegunstigelsesbehandling), artikel 13.6 (markedsadgang) og artikel 13.8 (øverste ledelse og bestyrelse), for så vidt angår foranstaltningen.
8.
Med henblik på anvendelsen af dette bilag, herunder hver parts liste til dette bilag:
forstås der ved 
ISIC rev. 3.1
 den internationale standardklassifikation af al erhvervsmæssig virksomhed som fastsat i de statistiske publikationer fra De Forenede Nationers statistiske kontor, Statistical Papers, Series M, N
o
 4, 
ISIC rev
 3.1, 2002).
9.
Følgende forkortelser benyttes i Den Europæiske Unions liste til dette bilag:
AT
Østrig
BE
Belgien
BG
Bulgarien
CY
Cypern
CZ
Tjekkiet
DE
Tyskland
DK
Danmark
EU
Den Europæiske Union, inklusive alle dens medlemsstater
ES
Spanien
EE
Estland
FI
Finland
FR
Frankrig
EL
Grækenland
HR
Kroatien
HU
Ungarn
IE
Irland
IT
Italien
LV
Letland
LT
Litauen
LU
Luxembourg
MT
Malta
NL
Nederlandene
PL
Polen
PT
Portugal
RO
Rumænien
SK
Slovakiet
SI
Slovenien
SE
Sverige
UK
Det Forenede Kongerige
Canadas liste
Forbehold, der gælder i Canada
(gældende i alle provinser og territorier)
Forbehold II-C-1
Sektor:
Anliggender vedrørende oprindelige befolkninger
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Canada forbeholder sig retten til at indføre eller opretholde en foranstaltning, som afskærer investorer fra Den Europæiske Union og deres investeringer eller tjenesteydere fra Den Europæiske Union fra rettigheder eller præferencer, som indrømmes oprindelige befolkninger.
Gældende foranstaltninger:
Constitution Act, 1982
, som er skema B til 
Canada Act 1982 
(U.K.), 1982, c. 11
Forbehold II-C-2
Sektor:
Landbrug
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger, der vedrører kollektive markedsføringsordninger for landbrugsvarer, der omfatter aktiviteter som f.eks. produktion, prisfastsættelse, køb, salg eller enhver anden aktivitet, der skal give produktet en form, eller stille det til rådighed på et sted eller et tidspunkt, således at det kan indkøbes til forbrug eller anvendelse.
Gældende foranstaltninger:
Forbehold II-C-3
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
1.
British Columbia, New Brunswick, Nova Scotia, Nunavut, Prince Edward Island, Quebec, The Northwest Territories og Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der vedrører en virksomhed i Canada, som er en omfattet investering og kræver, at 25 % eller derunder af medlemmerne af bestyrelsen eller et udvalg derunder er af en bestemt nationalitet. En ændring af en foranstaltning som nævnt ovenfor må ikke mindske foranstaltningens overensstemmelse i den form, som den havde umiddelbart før ændringen, med de forpligtelser, der er fastsat i kapitel otte (investeringer).
2.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger, der kræver, at op til 50 % af medlemmerne af bestyrelsen af en virksomhed, der er en omfattet investering, skal have deres sædvanlige bopæl i Canada. Der gives opholdstilladelse til en borger i Den Europæiske Union, der er udpeget til en bestyrelse for en virksomhed, der er en omfattet investering, i overensstemmelse med canadisk lovgivning om udenlandske statsborgeres adgang til landet. En borger i Den Europæiske Union skal dog ikke underlægges en økonomisk behovstest alene som følge af udpegningen til bestyrelsen.
Gældende foranstaltninger:
Forbehold II-C-4
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende bopælskrav i forbindelse med ejerskab af jord på kysten for investorer fra Den Europæiske Union eller deres investeringer.
Gældende foranstaltninger:
Forbehold II-C-5
Sektor:
Fiskeri
Delsektor:
Fiskeri og tjenesteydelser i forbindelse med fiskeri
Brancheklassifikation:
CPC 04, 882
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fælles markedsførings- og handelsordninger for fiske- og skaldyrsprodukter samt tilladelser til fiskeri eller fiskerirelaterede aktiviteter, herunder for udenlandske fiskerfartøjers adgang til Canadas eksklusive økonomiske zone, territorialfarvand, indre farvande eller havne og anvendelse af alle tjenesteydelser heri.
2.
Canada bestræber sig på at give fartøjer, der har ret til at føre flaget for en medlemsstat i Den Europæiske Union, en behandling, der ikke er mindre gunstig end den behandling, der i lignende situationer gives fartøjer, der har ret til at føre flaget for en anden fremmed stat.
Gældende foranstaltninger:
Fisheries Act
, R.S.C. 1985, c. F-14
Coastal Fisheries Protection Act
, R.S.C. 1985, c. C-33
Coastal Fisheries Protection Regulations
, C.R.C. 1978, c. 413
Commercial Fisheries Licensing Policy
Policy on Foreign Investment in the Canadian Fisheries Sector
, 1985
Freshwater Fish Marketing Act, 
R.S.C. 1985, c. F-13
Forbehold II-C-6
Sektor:
Finansielle tjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med værdipapirmarkeder
Brancheklassifikation:
CPC 8132
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende EU-borgeres erhvervelse, salg eller anden afhændelse af obligationer, statsgældsbeviser eller andre gældsinstrumenter udstedt af den canadiske regering eller canadiske subnationale myndigheder.
Gældende foranstaltninger:
Financial Administration Act
, R.S.C. 1985, c. F-11
Forbehold II-C-7
Sektor:
Fødevare-, drikkevare- og lægemiddelindustrien
Delsektor:
Spiritus-, vin- og ølforretninger
Brancheklassifikation:
CPC 241, 242, 243, 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Importation of Intoxicating Liquors Act
 giver de enkelte delstatsregeringer et importmonopol på alkoholholdige drikke på deres territorium.
Gældende foranstaltninger:
Importation of Intoxicating Liquors Act
, R.S.C. 1985, c. I-3
Forbehold II-C-8
Sektor:
Mindretalsanliggender
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende overdragelse af rettigheder eller privilegier til socialt eller økonomisk dårligt stillede mindretal.
Gældende foranstaltninger:
Forbehold II-C-9
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af tjenesteydelser inden for offentlig retshåndhævelse og fængselsvæsen samt vedrørende følgende tjenesteydelser for så vidt der er tale om sociale tjenesteydelser, der er indført eller opretholdes af hensyn til almenvellet: indkomstsikkerhed eller -forsikring, social sikring eller forsikring, social velfærd, almen (erhvervs)uddannelse, sundhed og børnepasning.
Gældende foranstaltninger:
Forbehold II-C-10
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af sociale tjenesteydelser, som ikke i øvrigt er omfattet af forbehold II-C-9 med hensyn til sociale tjenesteydelser.
2.
Nærværende forbehold omfatter ikke indførelsen af nye foranstaltninger om pålæggelse af begrænsninger på udenlandsk kapitals deltagelse i leveringen af sådanne sociale tjenesteydelser.
Gældende foranstaltninger:
Forbehold II-C-11
Sektor:
Vandindvinding, -rensning og -distribution
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende vandindvinding, -rensning og distribution.
Gældende foranstaltninger:
Forbehold II-C-12
Sektor:
Transport
Delsektor:
Rørledningstransport
Brancheklassifikation:
CPC 713
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende udstedelse af certifikater til rørledningstransport af brændstof.
Gældende foranstaltninger:
National Energy Board Act, 
R.S.C. 1985, c. N-7
Forbehold II-C-13
Sektor:
Transport
Delsektor:
Salg og markedsføring af lufttransportydelser som defineret i artikel 8.1 (definitioner) og artikel 9.1 (definitioner)
Brancheklassifikation:
Defineret i artikel 8.1 (definitioner) og artikel 9.1 (definitioner)
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Canada forbeholder sig retten til at vedtage eller opretholde foranstaltninger vedrørende salg og markedsføring af lufttransportydelser.
2.
Det præciseres, at dette forbehold ikke berører Canadas rettigheder og forpligtelser i medfør af 
lufttransportaftalen mellem Canada og Det Europæiske Fællesskab og dets medlemsstater
, indgået den 17. december 2009 i Bruxelles og den 18. december 2009 i Ottawa.
Gældende foranstaltninger:
Forbehold II-C-14
Sektor:
Transport
Delsektor:
Arbejder i forbindelse med vandveje, havne og dæmninger og andre vandbygningsværker
Transporttjenesteydelser udført af søgående og ikke-søgående fartøjer
Støttetjenesteydelser og andre tjenesteydelser i forbindelse med søtransport
Alle andre maritime aktiviteter af kommerciel art, der udføres af eller fra et fartøj, jf. beskrivelsen nedenfor
Brancheklassifikation:
CPC 5133, 5223, 721, 722 og 745, alle andre maritime aktiviteter af kommerciel art, der udføres af eller fra et fartøj
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Forpligtelser
Beskrivelse:
Investeringer, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenesteydelser
1.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger, der påvirker investeringer i eller levering af maritime cabotage-tjenesteydelser, herunder:
a)
transport af gods eller passagerer med skib mellem punkter på Canadas territorium eller over Canadas kontinentalsokkel, direkte eller gennem et sted uden for Canada; med hensyn til farvande over Canadas kontinentalsokkel dog kun transport af gods eller passagerer i forbindelse med prospektering, udvinding eller transport af mineraler eller ikke-levende naturressourcer fra Canadas kontinentalsokkel, og
b)
et fartøjs deltagelse i andre maritime aktiviteter af kommerciel art på Canadas territorium og med hensyn til farvande over kontinentalsoklen i sådanne andre maritime aktiviteter af kommerciel karakter i forbindelse med prospektering, udvinding eller transport af mineraler eller ikke-levende naturressourcer fra Canadas kontinentalsokkel.
2.
Dette forbehold vedrører bl.a. begrænsninger og betingelser for tjenesteydere, der har ret til at deltage i disse aktiviteter, kriterier for udstedelse af en midlertidig tilladelse til cabotagesejlads for udenlandske skibe, og begrænsninger i antallet af tilladelser til cabotagesejlads, som udstedes til udenlandske fartøjer.
3.
Det præciseres, at dette forbehold bl.a. gælder for maritime aktiviteter af kommerciel art, der udføres af eller fra et fartøj, herunder feederserviceydelser og flytning af tomme containere.
4.
Dette forbehold finder ikke anvendelse på foranstaltninger vedrørende investeringer i eller levering af følgende maritime cabotage-tjenesteydelser, der udføres fra et fartøj, der drives af en virksomhed i Den Europæiske Union, eller et fartøj, der drives af en tredjelandsvirksomhed
 (
1
)
, som ejes eller kontrolleres af en person, der er borger i Den Europæiske Union, hvis fartøjet er registreret i overensstemmelse med lovgivningen i en medlemsstat i Den Europæiske Union og fører flag fra en medlemsstat i Den Europæiske Union:
a)
ikke-kommerciel flytning af tomme containere, som ejes eller lejes
b)
i)
kontinuerlig forudgående eller videre transport af internationalt gods mellem havnen i Halifax og havnen i Montreal, og mellem havnen i Montreal og havnen i Halifax med fartøjer, der er registreret i de første (nationale) registre, der er omhandlet i punkt 1 i bilaget til Kommissionens meddelelse C(2004) 43 — EU-retningslinjerne for statsstøtte til søtransportsektoren, og
ii)
forudgående eller videre transport af internationalt containergods mellem havnen i Halifax og havnen i Montreal, og mellem havnen i Montreal og havnen i Halifax, som en enkelt rejse i forbindelse med en international strækning med fartøjer der er registreret i det første (nationale) register eller det andet (internationale) register, der er omhandlet i punkt 1, 2 og 4 i bilaget til Kommissionens meddelelse C(2004) 43 — EU-retningslinjerne for statsstøtte til søtransportsektoren, eller
c)
opmudring.
Gældende foranstaltninger:
Coasting Trade Act,
 S.C. 1992, c. 31
Canada Shipping Act, 2001
, S.C. 2001, c. 26
Customs Act
, R.S.C. 1985 (2d Supp.), c. 1
Customs and Excise Offshore Application Act,
 R.S.C. 1985, c. C-53
Forbehold II-C-15
Sektor:
Transport
Delsektor:
Transporttjenesteydelser udført af søgående og ikke-søgående fartøjer
Støttetjenesteydelser i forbindelse med søtransport
Alle andre maritime aktiviteter af kommerciel art, der udføres fra et fartøj, der befinder sig i farvande af interesse for begge parter
Brancheklassifikation:
CPC 721, 722 og 745, alle andre maritime aktiviteter af kommerciel art, der udføres fra et fartøj
Forbeholdstype:
Mestbegunstigelsesbehandling
Forpligtelser
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenesteydelser
Canada forbeholder sig retten til at vedtage eller opretholde foranstaltninger vedrørende gennemførelsen af aftaler, ordninger og andre formelle eller uformelle tilsagn med andre lande med hensyn til maritime aktiviteter i farvande af interesse for begge parter på områder som f.eks. forureningsbekæmpelse (herunder krav om dobbeltskrog for olietankskibe), sikker navigation, inspektionsnormer for flodpramme, vandkvalitet, lodsning, bjærgning, bekæmpelse af narkotikamisbrug og maritim kommunikation.
Gældende foranstaltninger:
Forbehold II-C-16
Sektor:
Transport
Delsektor:
Brancheklassifikation:
CPC 07
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende antallet eller typen af juridiske enheder, som forvalter eller driver transportinfrastruktur, der ejes eller kontrolleres af Canada.
Gældende foranstaltninger:
Forbehold II-C-17
Sektor:
Transport
Delsektor:
Alle transportdelsektorer med undtagelse af følgende delsektorer:
Maritime tjenesteydelser vedrørende containerterminaler og oplagring
Skibsagenturtjenesteydelser
Godstransport inden for søtransport
Reparation og vedligeholdelse af luftfartøjer
Edb-reservationssystemer
Passager- og godstransport med jernbane
Vedligeholdelse og reparation af jernbanetransportudstyr
Reparationstjenester i.a.n. for motorkøretøjer, påhængsvogne og sættevogne, på honorar- eller kontraktbasis
Vedligeholdelse og reparation af motorkøretøjer
Vedligeholdelse og reparation af motorcykler og snemobiler
Godshåndtering inden for landtransport
Lager- og pakhustjenesteydelser for landtransport
Godstransportagenturtjenesteydelser for landtransport
Andre støtte- og hjælpetransporttjenesteydelser i tilknytning til landtransport
Brancheklassifikation:
CPC 07, CPC 51, CPC 61 og CPC 886 samt enhver anden erhvervsmæssig aktivitet, der udføres fra eller vedrørende et fartøj, et fly, motorkøretøjer eller jernbanetransportudstyr, med undtagelse af:
CPC 6112
CPC 6122
CPC 7111
CPC 7112
CPC 741 (kun landtransporttjenester)
CPC 742 (kun landtransporttjenester)
CPC 7480 (kun landtransporttjenester)
CPC 7490 (kun landtransporttjenester)
CPC 8867
CPC 8868 (kun jernbanetransportudstyr)
Tjenesteydelser i forbindelse med edb-reservationssystemer som defineret i artikel 8.1 (definitioner) og artikel 9.1 (definitioner)
Tjenesteydelser i forbindelse med reparation og vedligeholdelse af flyvemaskiner som defineret i artikel 8.1 (definitioner) og artikel 9.1 (definitioner)
Maritime tjenesteydelser vedrørende containerterminaler og oplagring, skibsagenturtjenesteydelser og godstransport inden for søtransport som defineret i artikel 14.1 (definitioner)
Forbeholdstype:
Markedsadgang
Forpligtelser
Beskrivelse:
Investeringer, grænseoverskridende handel med tjenesteydelser og internationale søtransporttjenesteydelser
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende udpegning, etablering, udvidelse eller drift af monopoler eller eksklusive tjenesteydere i transportsektoren.
Gældende foranstaltninger:
Forbehold II-C-18
Sektor:
Transport
Delsektor:
Støtte- og hjælpetransporttjenesteydelser
Groundhandlingstjenesteydelser som defineret i artikel 8.1 (definitioner) og artikel 9.1 (definitioner)
Brancheklassifikation:
CPC 74, groundhandlingstjenesteydelser som defineret i artikel 8.1 (definitioner) og artikel 9.1 (definitioner)
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
1.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger, som begrænser antallet af leverandører af visse støtte- og hjælpetransporttjenesteydelser vedrørende: passagerbetjening, fragt, gods (herunder post) og tilrettelæggelse af befordring til støtte for transporttjenesteydelser i lufthavne, hvor fysiske eller operationelle begrænsninger hovedsageligt opstår som følge af sikkerhedshensyn.
2.
For så vidt angår groundhandlingstjenesteydelser præciseres, at dette forbehold ikke berører Canadas rettigheder og forpligtelser i medfør af 
lufttransportaftalen mellem Canada og Det Europæiske Fællesskab og dets medlemsstater
, indgået den 17. december 2009 i Bruxelles og den 18. december 2009 i Ottawa.
Gældende foranstaltninger:
Forbehold II-C-19
Sektor:
Forretningstjenesteydelser
Delsektor:
Teknisk afprøvning og analyse
Brancheklassifikation:
CPC 8676
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger, der påvirker lovbestemt inspektion og certificering af fartøjer på Canadas vegne.
2.
Det præciseres, at kun en person, et klassifikationsselskab eller en anden organisation, som er godkendt af Canada, kan udføre lovbestemte inspektioner og udstede canadiske søtransportdokumenter til canadiske registrerede fartøjer og deres udstyr på vegne af Canada.
Gældende foranstaltninger:
Forbehold II-C-20
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer
1.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed der indrømmes differentieret behandling i henhold til enhver bilateral eller multilateral international aftale, der var gældende eller blev undertegnet før den 1. januar 1994.
2.
Canada forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed der indrømmes differentieret behandling i henhold til en eksisterende eller fremtidig bilateral eller multilateral aftale om:
a)
luftfart
b)
fiskeri eller
c)
maritime anliggender, herunder bjærgning.
Gældende foranstaltninger:
Canadas liste
Forbehold, der gælder i Alberta
Forbehold II-PT-1
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Alberta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende lotterier, spilleterminaler, hasardspil, væddeløb, bingospil, kasinoer eller lignende aktiviteter, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Albertas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-2
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107, 643 og 88411
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Alberta forbeholder sig retten til at indføre eller opretholde foranstaltninger i ovennævnte sektor, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Albertas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-3
Sektor:
Produkter fra landbrug, skovbrug og fiskeri
Delsektor:
Skovressourcer og forarbejdning heraf
Produkter fra skovbrug og skovning
Tjenesteydelser i tilknytning til skovbrug og skovning
Brancheklassifikation:
CPC 03 og 8814
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Alberta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fremstilling, forarbejdning, markedsføring, udvinding og udvikling af skovressourcer og heraf afledte produkter, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Albertas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-4
Sektor:
Fiskeri
Delsektor:
Fiskeri
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 04, 62224 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Alberta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fremstilling, forarbejdning og fælles markedsføring af akvakultur-, hav- og fiskeprodukter, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Albertas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-5
Sektor:
Energi
Delsektor:
Tjenesteydelser i tilknytning til energidistribution
Rørtransport
Produktion, transmission og distribution af elektricitet, gas, damp og varmt vand
Råolie og naturgas
Brancheklassifikation:
CPC 120, 17, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Alberta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende: i) prospektering, produktion, udvinding og udvikling af råolie og naturgas ii) tildeling af eksklusive rettigheder til at drive et distributions- eller transportsystem, herunder relateret rørtransport og relaterede distributions- og transportydelser på havet, og iii) produktion, transport, distribution, forsyning samt import og eksport af elektricitet, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Albertas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder i British Columbia
Forbehold II-PT-6
Sektor:
Energi
Delsektor:
Produktion, transmission og distribution af elektricitet, gas, damp og varmt vand
Råolie og naturgas
Jordoliegas og andre gasformige karbonhydrider
Rørtransport
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 17, 120, 334, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
British Columbia forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende: i) prospektering, produktion, udvinding og udvikling af råolie og naturgas ii) rettigheder til at drive et distributions- eller transportsystem til råolie og naturgas, herunder relateret rørtransport og relaterede distributions- og transportydelser på havet, eller iii) produktion, transport, distribution, forsyning samt import og eksport af elektricitet, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke British Columbias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-7
Sektor:
Produkter fra landbrug, skovbrug og fiskeri
Delsektor:
Produkter fra skovbrug og skovning
Tjenesteydelser i tilknytning til skovbrug og skovning
Brancheklassifikation:
CPC 03 og 8814
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
British Columbia forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fremstilling, forarbejdning, markedsføring, udvinding og udvikling af skovressourcer og heraf afledte produkter, herunder tildeling af licenser, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke British Columbias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-8
Sektor:
Fiskeri
Delsektor:
Fiskeri
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 04, 62224 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
British Columbia forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fremstilling, forarbejdning og fælles markedsføring af akvakultur-, hav- og andre fiskeprodukter, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke British Columbias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-9
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
British Columbia forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende gennemførelsen og forvaltningen af alle spil i provinsen, herunder lotterier, hasardspil eller spil, der kombinerer held og færdigheder, og direkte relaterede virksomheder, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke British Columbias til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-10
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturtjenesteydelser, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
British Columbia forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende indførsel, markedsføring, licensudstedelse, salg og distribution af alkoholiske drikkevarer i provinsen, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, der kan udføre en bestemt økonomisk aktivitet, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
b)
begrænser den samlede værdi af transaktioner eller aktiver ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve
c)
begrænser det samlede antal transaktioner eller den samlede produktion udtrykt som angivne numeriske enheder i form af kvoter eller krav om en økonomisk behovsprøve
d)
begrænser det samlede antal fysiske personer, der kan være beskæftiget i en delsektor, eller som omfattede investeringer må beskæftige, og som er nødvendige for og direkte forbundet med udøvelsen af en økonomisk aktivitet, ved hjælp af numeriske kvoter eller krav om en økonomisk behovsprøve, eller
e)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke British Columbias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder i Manitoba
Forbehold II-PT-11
Sektor:
Fiskeri
Delsektor:
Fisk og andre fiskeprodukter
Engroshandel med fiskeprodukter
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 04, 62224 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Manitoba forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Manitobas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-12
Sektor:
Transport
Delsektor:
Rørtransport
Brancheklassifikation:
CPC 713
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Manitoba forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Manitobas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-13
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturtjenesteydelser, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Manitoba forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Manitobas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-14
Sektor:
Energi
Delsektor:
Råolie og naturgas
Elektrisk energi
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120, 171 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Manitoba forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Manitobas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-15
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Forarbejdning af skovressourcer
Tjenesteydelser i tilknytning til landbrug, jagt og skovbrug
Fremstilling af papir og papirvarer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 031, 321, 881 (bortset fra udlejning af landbrugsmaskiner med betjeningspersonale og 8814), 88430 og 88441
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Manitoba forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Manitobas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-16
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Manitoba forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Manitobas ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder i New Brunswick
Forbehold II-PT-17
Sektor:
Energi
Delsektor:
Elektrisk energi
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 17 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
New Brunswick forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for overførsel af hydraulisk kraft på provinsens område, produktion, transport, distribution og eksport af elektricitet og vedligeholdelse af elektricitetsværker, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke New Brunswicks ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-18
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
New Brunswick forbeholder sig retten til at indføre eller opretholde monopoler i ovennævnte delsektorer.
2.
Dette forbehold berører ikke New Brunswicks ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Gaming Control Act
, S.N.B. 2008, c. G-1.5
Forbehold II-PT-19
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
New Brunswick forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke New Brunswicks ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
New Brunswick Liquor Corporation Act
, S.N.B. 1974, c. N-6.1
Forbehold, der gælder i Newfoundland og Labrador
Forbehold II-PT-20
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Forarbejdning af skovressourcer
Tjenesteydelser i tilknytning til landbrug, jagt og skovbrug
Fremstilling af papir og papirvarer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 031, 321, 881 (bortset fra udlejning af landbrugsmaskiner med betjeningspersonale og 8814), 88430 og 88441
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Newfoundland og Labrador forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende ovennævnte delsektorer, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve eller
b)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Newfoundland og Labradors ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-21
Sektor:
Fiskeri og jagt
Delsektor:
Spiselige produkter af animalsk oprindelse i.a.n.
Rå skind af andre dyr i.a.n. (friske eller konserverede, men ikke på anden måde bearbejdede)
Fisk og andre fiskeprodukter
Andet kød og spiselige slagtebiprodukter, fersk, kølet eller frosset (herunder kaninkød), undtagen frølår
Animalske olier og fedtstoffer, rå og raffinerede
Garvede eller beredte pelsskind
Tilberedt og konserveret fisk
Salg på honorar- eller kontraktbasis af føde-, drikke- og tobaksvarer
Engroshandel med fiskeprodukter
Brancheklassifikation:
CPC 0295, 02974, 04, 21129, 212, 2162, 2831, 62112, 62224, 8813 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Newfoundland og Labrador forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende ovennævnte delsektorer, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve eller
b)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Newfoundland og Labradors ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-22
Sektor:
Energi
Delsektor:
Elektrisk energi
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 171 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Newfoundland og Labrador forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende ovennævnte delsektorer, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve eller
b)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Newfoundland og Labradors ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-23
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Newfoundland og Labrador forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende ovennævnte delsektorer, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve eller
b)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Newfoundland og Labradors ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-24
Sektor:
Transport
Delsektor:
Rørtransport
Brancheklassifikation:
CPC 7131
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Newfoundland og Labrador forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende ovennævnte delsektor, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve eller
b)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Newfoundland og Labradors ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-25
Sektor:
Energi
Delsektor:
Råolie og naturgas
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Newfoundland og Labrador forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende ovennævnte delsektorer, som:
a)
begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve eller
b)
begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet.
2.
Dette forbehold berører ikke Newfoundland og Labradors ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder i Northwest Territories
Forbehold II-PT-26
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenester i tilknytning til husdyravl
Tjenesteydelser i tilknytning til jagt
Brancheklassifikation:
CPC 8812 og 8813
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Northwest Territories' ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-27
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Northwest Territories' ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-28
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Papirmasse og pap
Forarbejdning af skovressourcer
Tjenesteydelser i tilknytning til landbrug, jagt og skovbrug
Fremstilling af papir og papirvarer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 03, 321, 881 (bortset fra udlejning af landbrugsmaskiner med betjeningspersonale og 8814), 88430 og 88441
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Northwest Territories' ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-29
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Northwest Territories' ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-30
Sektor:
Energi
Delsektor:
Elektrisk energi
Rørtransport
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 171, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Northwest Territories' ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-31
Sektor:
Råolie og naturgas
Delsektor:
Råolie og naturgas
Rørtransport
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for prospektering, produktion, udvinding og udvikling af råolie og naturgas, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tildeling af eksklusive rettigheder til at drive et distributions- eller transportsystem, herunder relateret rørtransport og relaterede distributions- og transportydelser på havet.
3.
Dette forbehold berører ikke Northwest Territories' ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-32
Sektor:
Fiskeri
Delsektor:
Fisk og andre fiskeprodukter
Engroshandel med fiskeprodukter
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 04, 62224 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Northwest Territories forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Northwest Territories' ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-33
Sektor:
Transport
Delsektor:
Andre transporttjenesteydelser til lands
Brancheklassifikation:
CPC 7121 og 71222
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Northwest Territories forbeholder sig retten til at indføre eller opretholde økonomiske behovsprøver for tjenesteydelser i tilknytning til bustransport i og mellem byer. De vigtigste kriterier omfatter undersøgelse af egnetheden af det nuværende serviceniveau, de markedsvilkår, som ligger til grund for udvidelsen af serviceniveauet, og virkningen af nye aktører for offentlige hensyn, herunder hensynet til kontinuitet og servicekvalitet, og ansøgerens egnethed, vilje og evne til at levere en korrekt service.
Gældende foranstaltninger
Forbehold, der gælder for Nova Scotia
Forbehold II-PT-34
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Forarbejdning af skovressourcer
Tjenesteydelser i tilknytning til landbrug, jagt og skovbrug
Fremstilling af papir og papirvarer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 031, 321, 881 (bortset fra udlejning af landbrugsmaskiner med betjeningspersonale og 8814), 88430 og 88441
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nova Scotia forbeholder sig retten til at vedtage eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nova Scotias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-35
Sektor:
Fiskeri og jagt
Delsektor:
Spiselige produkter af animalsk oprindelse i.a.n.
Rå skind af andre dyr i.a.n. (friske eller konserverede, men ikke på anden måde bearbejdede)
Fisk og andre fiskeprodukter
Andet kød og spiselige slagtebiprodukter, fersk, kølet eller frosset (herunder kaninkød), undtagen frølår
Animalske olier og fedtstoffer, rå og raffinerede
Garvede eller beredte pelsskind
Tilberedt og konserveret fisk
Salg på honorar- eller kontraktbasis af føde-, drikke- og tobaksvarer
Engroshandel med fiskeprodukter
Transport af frost- eller kølevarer
Brancheklassifikation:
CPC 0295, 02974, 04, 21129, 212, 2162, 2831, 62112, 62224, del af 71231, 8813 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nova Scotia forbeholder sig retten til at vedtage eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nova Scotias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-36
Sektor:
Energi
Delsektor:
Elektrisk energi
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 17 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nova Scotia forbeholder sig retten til at vedtage eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nova Scotias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-37
Sektor:
Energi
Delsektor:
Råolie og naturgas
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nova Scotia forbeholder sig retten til at vedtage eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nova Scotias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-38
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nova Scotia forbeholder sig retten til at vedtage eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nova Scotias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-39
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nova Scotia forbeholder sig retten til at vedtage eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nova Scotias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-40
Sektor:
Transport
Delsektor:
Rørtransport
Brancheklassifikation:
CPC 713
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nova Scotia forbeholder sig retten til at vedtage eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektor, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nova Scotias ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder i Nunavut
Forbehold II-PT-41
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenester i tilknytning til husdyravl
Tjenesteydelser i tilknytning til jagt
Brancheklassifikation:
CPC 8812 og 8813
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nunavut forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nunavuts ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-42
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nunavut forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Nunavut har i henhold til 
Liquor Act
 hjemmel til at importere, købe, producere, distribuere, levere, markedsføre og sælge alkoholiske drikkevarer i Nunavut og til at udføre disse aktiviteter gennem et territorialt monopol.
3.
Dette forbehold berører ikke Nunavuts ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Liquor Act
, R.S.N.W.T. 1988, c. L-9
Forbehold II-PT-43
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nunavut forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektor, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nunavuts ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-44
Sektor:
Fiskeri
Delsektor:
Fisk og andre fiskeprodukter
Engroshandel med fiskeprodukter
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 04, 62224 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nunavut forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nunavuts ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-45
Sektor:
Energi
Delsektor:
Elektrisk energi
Elektriske fordelings- eller kontrolapparater
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 171, 4621 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nunavut forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Nunavut opretholder et monopol på produktion, udvikling, transmission, distribution, levering og eksport af elektricitet og tilknyttede tjenesteydelser i henhold til paragraf 5.1 i 
Qulliq Energy Corporation Act.
3.
Dette forbehold berører ikke Nunavuts ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Qulliq Energy Corporation Act
, R.S.N.W.T. 1988, c. N-2
Forbehold II-PT-46
Sektor:
Energi
Delsektor:
Råolie og naturgas
Transport
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nunavut forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Nunavut forbeholder sig også retten til at indføre eller opretholde enhver foranstaltning, der begrænser markedsadgangen inden for olie- og gasudvinding.
3.
Dette forbehold berører ikke Nunavuts ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-47
Sektor:
Transport
Delsektor:
Søtransport af gods
Brancheklassifikation:
CPC 7212
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Nunavut forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektor, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Nunavuts ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-48
Sektor:
Transport
Delsektor:
Andre transporttjenesteydelser til lands
Brancheklassifikation:
CPC 7121 og 71222
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Nunavut forbeholder sig retten til at indføre eller opretholde økonomiske behovsprøver for tjenesteydelser i tilknytning til bustransport i og mellem byer. De vigtigste kriterier omfatter undersøgelse af egnetheden af det nuværende serviceniveau, de markedsvilkår, som ligger til grund for udvidelsen af serviceniveauet, og virkningen af nye aktører for offentlige hensyn, herunder hensynet til kontinuitet og servicekvalitet, og ansøgerens egnethed, vilje og evne til at levere en korrekt service.
Gældende foranstaltninger
Forbehold, der gælder i Ontario
Forbehold II-PT-49
Sektor:
Energi
Delsektor:
Produktion, transmission og distribution af elektricitet, gas, damp og varmt vand
Råolie og naturgas
Jordoliegas og andre gasformige karbonhydrider
Rørtransport
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 17, 120, 334, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Ontario forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for prospektering, produktion, udvinding, import, eksport, transport, transmission, distribution, lagring, (detail)salg, markedsføring, bevarelse, efterspørgsels- og belastningsstyring samt udvikling af energi (herunder elektricitet, naturgas og vedvarende energi) med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Ontario forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen ved tildeling af eksklusive rettigheder til at eje eller drive et transmissions- eller distributionssystem eller til at producere, lagre, sælge (til detailmarkedet) eller markedsføre energi (herunder elektricitet, naturgas eller vedvarende energi).
3.
Det præciseres, at dette forbehold ikke berører Ontarios ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder på Prince Edward Island
Forbehold II-PT-50
Sektor:
Fiskeri og akvakultur
Delsektor:
Fisk og andre fiskeprodukter
Engroshandel med fiskeprodukter
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 04, 62224 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Prince Edward Island forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Prince Edward Islands ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-51
Sektor:
Energi
Delsektor:
Vedvarende energisystemer
Elektrisk energi, olie og naturgas
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120, 17 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Prince Edward Island forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Prince Edward Islands ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-52
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Forarbejdning af skovressourcer
Tjenesteydelser i tilknytning til landbrug, jagt og skovbrug
Fremstilling af papir og papirvarer, på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 03, 321, 881 (bortset fra udlejning af landbrugsmaskiner med betjeningspersonale og 8814), 88430 og 88441
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Prince Edward Island forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Prince Edward Islands ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-53
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Prince Edward Island forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektor, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Prince Edward Islands ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-54
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226 og 63107
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Prince Edward Island forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i ovennævnte delsektorer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Prince Edward Islands ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder i Quebec
Forbehold II-PT-55
Sektor:
Landbrug og fiskeri
Delsektor:
Produkter fra landbrug samt havebrugs- og gartneriprodukter
Levende dyr og animalske produkter
Fisk og andre fiskeprodukter
Kød, fisk, frugt, grøntsager, olier og fedtstoffer
Mejeriprodukter
Mølleriprodukter, stivelse og stivelsesprodukter, andre fødevarer
Tjenesteydelser i tilknytning til landbrug
Tjenester i tilknytning til husdyravl
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 01, 02, 04, 21, 22, 23, 8811 (bortset fra udlejning af landbrugsmaskiner med betjeningspersonale), 8812 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Quebec forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for produktion, overførsel af besiddelse eller ejerforhold, forarbejdning og fælles markedsføring af akvakultur-, hav- og fiskeprodukter, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Québec forbeholder sig også retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i forbindelse med udstedelsen af tilladelser i henhold til 
Food Products Act
.
3.
Disse foranstaltninger omfatter indførelse af en prøvning af offentlighedens interesse og hensyntagen til socioøkonomiske faktorer.
4.
Det præciseres, at dette forbehold ikke berører Quebecs ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Food Products Act
, C.Q.L.R., c. P-29
An Act to regularize and provide for the development of local slaughterhouses
, C.Q.L.R., c. R-19.1
An Act respecting the marketing of agricultural, food and fish products
, C.Q.L.R. c. M-35.1
An Act respecting the marketing of marine products
, C.Q.L.R., c. C-32.1
The Marine Products Processing Act
, C.Q.L.R., c. T-11.01
Forbehold II-PT-56
Sektor:
Energi
Delsektor:
Elektricitet
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 171 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Quebec forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for produktion af, fastsættelse og ændring af priser og vilkår for, transmission, levering, distribution og eksport af elektricitet og vedligeholdelse af elektricitetsværker, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Quebec forbeholder sig ret til i forbindelse med de aktiviteter, der er nævnt i det foregående stykke, at indføre eller opretholde foranstaltninger vedrørende overførsel og tildeling af arealer inden for staten og løsøre og fast ejendom samt enhver foranstaltning vedrørende alle energikilder, hvorfra det er muligt at fremstille elektricitet.
3.
Hydro-Québec er indehaver af eksklusive rettigheder til produktion, transmission, distribution og eksport af elektricitet. Quebec forbeholder sig retten til at indføre nye eller bevare beføjelser og rettigheder for Hydro-Québec i forbindelse med ovennævnte aktiviteter.
4.
Disse foranstaltninger omfatter hensyntagen til socioøkonomiske faktorer.
5.
Det præciseres, at dette forbehold ikke berører Quebecs ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Hydro-Québec Act
, C.Q.L.R., c. H-5
An Act respecting the exportation of electric power
, C.Q.L.R., c. E-23
An Act respecting the Régie de l'énergie
, C.Q.L.R., c. R-6.01
An Act respecting municipal and private electric power systems
, C.Q.L.R., c. S-41
Act respecting the Ministère des Ressources naturelles et de la Faune
, C.Q.L.R., c. M-25.2
An Act respecting threatened or vulnerable species
, C.Q.L.R., c. E-12.01
Loi sur la Coopérative régionale d'électricité de Saint-Jean-Baptiste de Rouville et abrogeant la Loi pour favoriser l'électrification rurale par l'entremise de coopératives d'électricité
, L.Q. 1986, c. 21
Watercourses Act
, C.Q.L.R., c. R-13
Forbehold II-PT-57
Sektor:
Energi
Delsektor:
Råolie og naturgas
Rørtransport
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Quebec forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for drift af olie- og gasdistributionssystemer og rørtransport, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Quebec forbeholder sig også retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for olie- og gasudvinding.
3.
Det præciseres, at dette forbehold ikke berører Quebecs ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
An Act respecting the Régie de l'énergie
, C.Q.L.R., c. R-6.01
Mining Act
, C.Q.L.R., c. M-13.1
Forbehold II-PT-58
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Quebec forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for lotterier, forlystelsesautomater, videolottomaskiner, hasardspil, væddeløb, bookmakerforretninger, bingospil, kasinoer, reklamekonkurrencer samt rådgivning og tjenesteydelser i tilknytning til implementering, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Société des loteries du Québec er tildelt eller kan tildeles et monopol inden for de ovennævnte aktiviteter.
3.
Det præciseres, at dette forbehold ikke berører Quebecs ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
An Act respecting the Société des loteries du Québec
, C.Q.L.R., c. S-13.1
An Act respecting lotteries, publicity contests and amusement machines
, C.Q.L.R., c. L-6
An Act respecting racing
, C.Q.L.R., c. C-72.1
Forbehold II-PT-59
Sektor:
Produkter fra skovbrug og skovning
Delsektor:
Ubearbejdet træ
Varer af kork, strå og flettematerialer
Papirmasse, papir og papirvarer
Tryksager og beslægtede varer
Brancheklassifikation:
CPC 031, 31 og 32
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Quebec forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen i skovsektoren, navnlig foranstaltninger vedrørende skovudvikling, hugst af skovressourcer og produkter afledt heraf (herunder biomasse og andre produkter end træ), med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Quebec forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for markedsføring eller forarbejdning af skovressourcer og produkter afledt heraf, samt enhver foranstaltning, der begrænser markedsadgangen inden for levering af træforarbejdningsanlæg, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
3.
Disse foranstaltninger omfatter indførelse af prøvninger af offentlighedens interesse og hensyntagen til socioøkonomiske faktorer.
4.
Det præciseres, at dette forbehold ikke berører Quebecs ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
An Act respecting the marketing of agricultural, food and fish products
, C.Q.L.R., c. M-35.1
Forest Act
, C.Q.L.R., c. F-4.1
Sustainable Forest Development Act
, C.Q.L.R., c. A-18.1
An Act respecting the Ministère des Ressources naturelles et de la Faune
, C.Q.L.R., c. M-25.2
Forbehold, der gælder i Saskatchewan
Forbehold II-PT-60
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Saskatchewan forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
2.
Saskatchewan forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet i ovennævnte delsektorer.
3.
Dette forbehold berører ikke Saskatchewans ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-61
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling af alkoholiske drikkevarer.
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107 og 643
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Saskatchewan forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
2.
Saskatchewan forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet i ovennævnte delsektorer.
3.
Dette forbehold berører ikke Saskatchewans ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-62
Sektor:
Energi
Delsektor:
Levering af elektricitet, bygas samt damp og varmt vand
Kulgas, vandgas, generatorgas og lignende gasser, undtagen jordoliegas og andre gasformige karbonhydrider
Tjenesteydelser i tilknytning til energidistribution
Elektrisk energi
Generatorgas
Rørtransport
Brancheklassifikation:
CPC 17, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Saskatchewan forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser antallet af omfattede investeringer eller tjenesteydere, hvad enten der er tale om numeriske kvoter, monopoler, tjenesteydere med eksklusive rettigheder eller krav om en økonomisk behovsprøve
2.
Saskatchewan forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser eller kræver specifikke former for juridiske enheder eller joint ventures, gennem hvilke en investor kan udøve økonomisk aktivitet i ovennævnte delsektorer.
3.
Dette forbehold berører ikke Saskatchewans ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold, der gælder i Yukon
Forbehold II-PT-63
Sektor:
Alkoholiske drikkevarer
Delsektor:
Provisionsagenturvirksomhed, engroshandel, detailhandel (spiritus, vin og øl samt spiritus-, vin- og ølforretninger)
Fremstilling og transport af alkoholiske drikkevarer
Brancheklassifikation:
CPC 24 (bortset fra 244), 62112, 62226, 63107, 7123 (bortset fra 71231, 71232, 71233 og 71234) og 8841
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for reklame for, lagring, fremstilling, distribution, transport og salg af samt handel med alkoholiske drikkevarer, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Yukon Liquor Corporation er den eneste kommercielle importør af alkoholiske drikkevarer i Yukon. Producenter af alkoholiske drikkevarer på Yukons territorium kan drive et salgssted ved produktionsanlægget som Yukon Liquor Corporations repræsentant.
3.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-64
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen med hensyn til ejerforhold og drift af spillefaciliteter, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Yukon forbeholder sig retten til at begrænse markedsadgangen inden for lotterier, forlystelsesautomater, videolottomaskiner, hasardspil, væddeløb, bookmakerforretninger, bingospil, kasinoer og salgsfremmende konkurrencer og til at udføre sådanne aktiviteter, herunder gennem et monopol.
3.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-65
Sektor:
Energi
Delsektor:
Råolie og naturgas
Rørtransport
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 120, 713 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for prospektering, produktion, udvinding og udvikling af olie og gas, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tildeling af eksklusive rettigheder til at drive et distributions- eller transportsystem til naturgas eller olie, herunder aktiviteter relateret til rørtransport af olie og naturgas og distributions- og transportydelser på havet.
3.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-66
Sektor:
Energi
Delsektor:
Produktion, transmission og distribution af elektricitet, gas, damp og varmt vand
Elektricitet og hermed beslægtede tjenesteydelser
Brancheklassifikation:
CPC 17 og 887
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for vandkraft, produktion, transport, distribution, forsyning og eksport af elektricitet, kommerciel og industriel anvendelse af vand og tjenesteydelser i tilknytning til energidistribution, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Yukon kan stille ethvert anlæg eller enhver form for vandkraft, der ejes eller kontrolleres af Yukon, til rådighed for Yukon Development Corporation (eller et datterselskab eller en retssuccessor) til operationelle formål.
3.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-67
Sektor:
Skovbrug
Delsektor:
Produkter fra skovbrug og skovning
Brancheklassifikation:
CPC 03 og 531
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for aktiviteter i tilknytning til produkter fra skovbrug og skovning, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-68
Sektor:
Skovbrug og landbrug
Delsektor:
Tjenesteydelser i tilknytning til landbrug
Tjenester i tilknytning til husdyravl
Landbrugsjord, skov og andre træbevoksede landområder
Grunde, som lejes af staten (the Crown), og statslige tilladelser
Produkter fra skovbrug og skovning
Brancheklassifikation:
CPC 03, 531, 8811 (bortset fra udlejning af landbrugsmaskiner med betjeningspersonale) og 8812
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for landbrugsjord, skovressourcer og græsningsaftaler, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-69
Sektor:
Fiskeri
Delsektor:
Fisk og andre fiskeprodukter
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 04 og 882
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for fiskeri, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-70
Sektor:
Forretningstjenesteydelser
Delsektor:
Forskning og eksperimentel udvikling inden for naturvidenskab og teknologi
Forskning og eksperimentel udvikling inden for samfundsvidenskab og humanistiske videnskaber
Forskning og eksperimentel udvikling, tværfaglig
Brancheklassifikation:
CPC 852, 851 (kun lingvistik og sprog) og 853
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for tjenesteydelser vedrørende forskning og udvikling, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
Forbehold II-PT-71
Sektor:
Forretningstjenesteydelser
Delsektor:
Genvinding på honorar- eller kontraktbasis
Brancheklassifikation:
CPC 88493
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
1.
Yukon forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser markedsadgangen inden for genvinding, med undtagelse af foranstaltninger vedrørende indførelse af begrænsninger af udenlandsk kapitals deltagelse udtrykt i en maksimal procentdel af udenlandsk ejede aktier eller den samlede værdi af individuelle eller totale udenlandske investeringer.
2.
Dette forbehold berører ikke Yukons ret til at indføre begrænsninger for udenlandsk kapitals deltagelse, når kapitalinteresser eller aktiver i en eksisterende statsejet virksomhed eller en eksisterende offentlig enhed sælges eller afhændes i henhold til Canadas forbehold I-C-2.
Gældende foranstaltninger
EU-partens liste
Forbehold, der gælder i Den Europæiske Union
(finder anvendelse i alle EU's medlemsstater, medmindre andet er anført)
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
I alle EU's medlemsstater kan tjenesteydelser, der betragtes som offentlig forsyningsvirksomhed på nationalt eller lokalt plan, være genstand for offentlige monopoler eller eksklusive rettigheder, som indrømmes private operatører.
Offentlig forsyningsvirksomhed findes i sektorer som f.eks. videnskabelig og teknisk rådgivning, forsknings- og udviklingsvirksomhed (FoU-tjenesteydelser) i tilknytning til samfundsvidenskab og humanistiske videnskaber, teknisk afprøvning og analyse, miljø, sundhedsydelser, transport og hjælpetjenesteydelser for alle transportformer. Eksklusive rettigheder til sådanne tjenesteydelser indrømmes ofte til private operatører, f.eks. sådanne, som de offentlige myndigheder har indrømmet koncessioner forbundet med specifikke serviceforpligtelser. Da der også ofte findes offentlig forsyningsvirksomhed på niveauer under centraladministrationen, er en detaljeret og udtømmende opregning ikke praktisk mulig.
Dette forbehold finder ikke anvendelse på telekommunikation og computertjenesteydelser og tilknyttede tjenesteydelser.
Gældende foranstaltninger:
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Unionen forbeholder sig retten til at vedtage eller opretholde foranstaltninger, hvormed der indrømmes et land differentieret behandling i henhold til en eksisterende eller fremtidig bilateral eller multilateral aftale, og som:
a)
skaber et indre marked for tjenesteydelser og investeringer
b)
giver etableringsret eller
c)
kræver tilnærmelse af lovgivningerne i en eller flere økonomiske sektorer.
Ved et »indre marked for tjenesteydelser og etablering« forstås et område uden indre grænser og med fri bevægelighed for tjenesteydelser, kapital og personer.
Ved »etableringsret« forstås forpligtelsen til fra og med aftalens ikrafttræden at ophæve alle hindringer for etablering mellem parterne i aftalen om regional økonomisk integration. Etableringsretten giver statsborgere fra parterne i aftalen om regional økonomisk integration ret til at oprette og drive virksomheder på de betingelser, der i henhold til lovgivningen gælder for værtslandets egne statsborgere.
Ved »tilnærmelse af lovgivningen« forstås:
a)
tilpasning af lovgivningen i en eller flere af parterne i aftalen om regional økonomisk integration med lovgivningen i en anden eller flere andre parter i aftalen eller
b)
inkorporering af fælles bestemmelser i lovgivningen hos parterne i aftalen om regional økonomisk integration.
En sådan tilpasning eller inkorporering skal finde sted og anses først for at træde i kræft fra det tidspunkt, hvor den er blevet indført i lovgivningen i parten eller parterne i aftalen om regional økonomisk integration.
Gældende foranstaltninger:
Det Europæiske Økonomiske Samarbejdsområde (EØS)
Stabiliseringsaftaler
Bilaterale aftaler mellem EU og Det Schweiziske Forbund
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed der indrømmes differentieret behandling vedrørende etableringsret til statsborgere eller virksomheder gennem eksisterende eller fremtidige bilaterale aftaler mellem følgende medlemsstater i Den Europæiske Union: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT, UK og følgende lande eller fyrstendømmer: San Marino, Monaco, Andorra og Vatikanstaten.
Gældende foranstaltninger:
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger, navnlig inden for rammerne af den fælles fiskeripolitik og aftaler med tredjelande, vedrørende adgang til og udnyttelse af de biologiske ressourcer og fangstpladser i farvande henhørende under EU-medlemsstaters overhøjhed eller inden for deres jurisdiktion.
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger:
a)
der regulerer landing af fangster i de delkvoter, der er tildelt fartøjer fra Canada eller et tredjeland, i EU's havne,
b)
der fastlægger en mindstestørrelse for virksomheder med henblik på at bevare fartøjer til henholdsvis ikkeindustrielt og kystnært fiskeri, eller
c)
der indrømmer differentieret behandling til Canada eller et tredjeland i henhold til gældende eller fremtidige bilaterale aftaler vedrørende fiskeri.
En kommerciel licens, som giver ret til at fiske i en EU-medlemsstats søterritorium, kan kun indrømmes til fartøjer, der fører flaget fra en EU-medlemsstat.
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende nationaliteten af besætningen på et fiskerfartøj, der fører en EU-medlemsstats flag.
Nationale supplerende forbehold findes i listerne over forbehold gældende i BE, BG, DE, DK, ES, FI, FR, IT, LT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK og UK.
Gældende foranstaltninger:
Sektor:
Vandindvinding, -rensning og -distribution
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 41
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger, for så vidt angår levering af tjenesteydelser i tilknytning til indvinding, rensning og distribution af vand til husholdninger, industrielle, kommercielle eller andre brugere, herunder drikkevand, og vandforvaltning.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Notarers tjenesteydelser
Stævningsmænds tjenesteydelser
Brancheklassifikation:
Del af CPC 861 og del af CPC 87902
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af SE, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende juridisk rådgivning, lovbestemte tilladelser og juridisk certificering, der udøves af selvstændige inden for de juridiske erhverv, der er betroet med et offentligt embede, herunder notarer, fogeder (»huissiers de justice«) eller andre myndighedspersoner (»officiers publics et ministériels«), og for så vidt angår tjenesteydelser, som leveres af stævningsmænd, der er udnævnt af en offentlig myndighed.
Gældende foranstaltninger:
Sektor:
Distribution og sundhedsydelser
Delsektor:
Detailhandel med lægemidler og medicinalvarer og ortopædiske varer, og andre tjenesteydelser, der ydes af apotekere
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
For alle EU's medlemsstater, med undtagelse af BE, BG, EE og IE, er postordresalg kun muligt fra EØS-medlemsstaterne, og etablering i et af disse lande er således nødvendig for detailsalg af lægemidler og specifikke medicinalvarer til offentligheden i EU.
I BG, DE og EE er postordresalg af lægemidler forbudt. I IE er postordresalg af receptpligtige lægemidler forbudt.
Nationale supplerende forbehold findes i listerne over forbehold gældende i BE, FI, SE og SK.
Gældende foranstaltninger:
Sektor:
Distribution og sundhedsydelser
Delsektor:
Detailhandel med lægemidler og medicinalvarer og ortopædiske varer, og andre tjenesteydelser, der ydes af apotekere
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
EU, med undtagelse af EL, IE, LT, LU, NL, UK forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser antallet af leverandører, der har ret til at levere en bestemt tjenesteydelse i en bestemt lokal zone eller et bestemt lokalt område på et ikke-diskriminerende grundlag for at undgå overforsyning i områder med begrænset efterspørgsel. En økonomisk behovsprøve kan derfor anvendes, idet der tages hensyn til faktorer som f.eks. de eksisterende virksomheders antal og betydning, den trafikale infrastruktur, befolkningstætheden eller den geografiske spredning.
Nationale supplerende forbehold findes i listerne over forbehold gældende i AT, DE, ES, FI, FR, IT, LU, LV, MT, PT, SE og SI.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Andre forretningstjenesteydelser (inkassovirksomhed og kreditoplysningsvirksomhed)
Brancheklassifikation:
CPC 87901 og 87902
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af ES og SE, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende inkassovirksomhed og kreditoplysningsvirksomhed.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af kontorpersonale og andet personale
Anvisning af hushjælpspersonale, arbejdstagere til erhverv og industri, plejepersonale og andet personale
Brancheklassifikation:
CPC 87202, CPC 87204, CPC 87205, CPC 87206 og CPC 87209
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af BE, HU og SE, forbeholder sig retten til at kræve etablering og til at forbyde grænseoverskridende levering af rekruttering af kontorpersonale og andre arbejdstagere.
EU, med undtagelse af HU og SE, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende anvisning af hushjælpspersonale, arbejdstagere til erhverv og industri, plejepersonale og andet personale.
Nationale supplerende forbehold findes i listerne over forbehold gældende i AT, BE, BG, CY, CZ, DE, EE, ES, FI, FR, IT, LT, LV, MT, PL, PT, RO, SI og SK.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Detektivtjenester
Brancheklassifikation:
CPC 87301
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af AT og SE, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende detektivtjenester. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Nationale supplerende forbehold findes i listerne over forbehold gældende i LT og PT.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Hjælpetjenester til søtransport, transport ad indre vandveje samt jernbane- og lufttransport
Delsektor:
Vedligeholdelse og reparation af fartøjer, jernbanetransportudstyr og luftfartøjer samt dele dertil
Brancheklassifikation:
Del af CPC 86764, CPC 86769 og CPC 8868
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af DE, EE og HU, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende krav om oprettelse eller fysisk tilstedeværelse på sit territorium og om forbud mod grænseoverskridende levering af vedligeholdelse og reparation af jernbanetransportudstyr, som er leveret fra et sted uden for EU's territorium.
EU, med undtagelse af CZ, EE, HU, LU og SK, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende krav om oprettelse eller fysisk tilstedeværelse på sit territorium og om forbud mod grænseoverskridende levering af vedligeholdelse og reparation af fartøjer til transport ad indre vandveje, som er leveret fra et sted uden for EU's territorium.
EU, med undtagelse af EE, HU og LV, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende krav om oprettelse eller fysisk tilstedeværelse på sit territorium og om forbud mod grænseoverskridende levering af vedligeholdelse og reparation af maritime fartøjer, som er leveret fra et sted uden for EU's territorium.
Kun anerkendte organisationer bemyndiget af EU kan gennemføre lovbestemt inspektion og certificering af skibe på vegne af EU's medlemsstater. Etablering kan være påkrævet.
EU, med undtagelse af AT, EE, HU, LV og PL, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende krav om oprettelse eller fysisk tilstedeværelse på sit territorium og om forbud mod grænseoverskridende levering af vedligeholdelse (herunder linjevedligeholdelse) og reparation af luftfartøjer samt dele dertil, som er leveret fra et sted uden for EU's territorium.
Gældende foranstaltninger:
Sektor:
Kommunikationstjenester
Delsektor:
Telekommunikationstjenester
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende transmissionsvirksomhed:
Radio- og TV-spredning defineres som en uafbrudt transmissionskæde til spredning af TV- og radioprogramsignaler til offentligheden, men omfatter ikke bidragsforbindelser mellem operatører.
Gældende foranstaltninger:
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Brancheklassifikation:
CPC 9619
, 
CPC 963, CPC 964, med undtagelse af CPC 96492
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af AT, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende biblioteker, arkiver, museer og anden kulturel virksomhed. LT forbeholder sig retten til at indføre eller opretholde foranstaltninger, der kræver leverandørers etablering og begrænser den grænseoverskridende levering af disse tjenesteydelser. I AT og LT kan der kræves licens eller koncession til levering af disse tjenesteydelser.
CY, CZ, FI, MT, PL, RO, SI og SK forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af forlystelsesvirksomhed (herunder teater, levende musik, cirkus og diskoteksvirksomhed).
Desuden forbeholder EU, med undtagelse af AT og SE, sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering og begrænsning af grænseoverskridende levering af forlystelsesvirksomhed (herunder teater, levende musik, cirkus og diskoteksvirksomhed).
BG forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende følgende former for forlystelsesvirksomhed: Cirkus- og forlystelsesparktjenesteydelser og lignende tjenesteydelser samt tjenesteydelser i forbindelse med dansearrangementer, diskoteker og danseundervisning og anden forlystelsesvirksomhed.
EE forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tjenesteydelser i forbindelse med forlystelsesvirksomhed med undtagelse af biografer og teatre.
LT og LV forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende alle tjenesteydelser i forbindelse med forlystelsesvirksomhed med undtagelse af drift af biografer og teatre.
BG, CY, CZ, EE, LV, MT, PL, RO og SK forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af sports- og andre fritidsaktiviteter.
AT forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende bjergførervirksomhed og skiskoler:
Gældende foranstaltninger:
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Spil og væddemål
Brancheklassifikation:
CPC 96492
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af MT, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende udbud af spil, som indebærer, at der gøres en indsats med penge i hasardspil, herunder lotterier, skrabekort, spilletjenester udbudt i kasinoer, spillehaller eller udskænkningssteder, bookmakervirksomhed, bingospil og spilletjenester, der drives af og til fordel for velgørenhedsorganisationer eller almennyttige organisationer.
Dette forbehold finder ikke anvendelse på færdighedsspil, spillemaskiner, der ikke udbetaler præmier, eller som kun giver præmier i form af flere gratis spil, og salgsfremmende spil, hvis eneste formål er at fremme salget af varer eller tjenesteydelser, der ikke er omfattet af denne undtagelse.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 92
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af alle uddannelsestjenester, der modtager offentlig støtte eller statsstøtte i en hvilken som helst form og derfor ikke kan anses for at være privatfinansieret.
EU, med undtagelse af CZ, NL, SE og SK, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af anden privatfinansieret uddannelse, dvs. uddannelse, der ikke klassificeres som primærundervisning, sekundærundervisning, videregående undervisning og voksenundervisning.
Når det er tilladt for udenlandske tjenesteydere at levere privatfinansieret undervisning, kan private operatørers deltagelse i uddannelsessystemet være underlagt en koncession, som tildeles på et ikke-diskriminerende grundlag.
Nationale supplerende forbehold findes i listerne over forbehold gældende i AT, BG, CY, CZ, FI, FR, IT, MT, RO, SE, SI og SK.
Gældende foranstaltninger:
Sektor:
Sundheds- og socialvæsen
Delsektor:
Sundhedsvæsen
Sociale tjenesteydelser
Brancheklassifikation:
CPC 931 (med undtagelse af 9312) og del af 93191
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
EU, med undtagelse af HU, forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende krav om oprettelse eller fysisk tilstedeværelse på sit territorium og om begrænsning af grænseoverskridende levering af sundhedsydelser fra et sted uden for EU's territorium.
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende krav om oprettelse eller fysisk tilstedeværelse på sit territorium og om begrænsning af grænseoverskridende levering af sociale tjenesteydelser fra et sted uden for EU's territorium, samt med hensyn til aktiviteter eller tjenesteydelser, der er del af en offentlig pensionsplan eller en lovbestemt social sikringsordning.
Dette forbehold vedrører ikke levering af sundhedsrelaterede ydelser, herunder ydelser leveret af fagfolk såsom læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og psykologer, der er omfattet af andre forbehold.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Brancheklassifikation:
CPC 931 (med undtagelse af 9312) og del af CPC 93191
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af alle sundhedsydelser, for hvilke der modtages offentlig støtte eller statsstøtte i en hvilken som helst form og derfor ikke kan anses for at være privatfinansieret.
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende alle privatfinansierede sundhedsydelser med undtagelse af privatfinansieret hospitalsvirksomhed og ambulancetjeneste og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Private operatørers deltagelse i privatfinansierede sundhedsnetværk kan være underlagt koncession på et ikke-diskriminerende grundlag. Eventuel anvendelse af økonomisk behovsprøve. Hovedkriterier: de eksisterende etablissementers antal og betydning, den trafikale infrastruktur, befolkningstætheden, den geografiske spredning og skabelsen af nye arbejdspladser.
Dette forbehold vedrører ikke levering af sundhedsrelaterede ydelser, herunder ydelser leveret af fagfolk såsom læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og psykologer, der er omfattet af andre forbehold.
Nationale supplerende forbehold findes i listerne over forbehold gældende i AT, BE, BG, CY, CZ, FI, FR, MT, PL, SI, SK og UK.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Sundhedsrelaterede ydelser leveret af fagfolk: ydelser leveret af læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og psykologer
Brancheklassifikation:
CPC 9312 og del af CPC 93191
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I EU, med undtagelse af BE, FI, NL og SE, er der bopælskrav for fagfolks levering af alle sundhedsrelaterede ydelser, herunder ydelser leveret af fagfolk såsom læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og psykologer.
Disse tjenesteydelser kan kun leveres af fysiske personer, der er fysisk til stede på EU's territorium.
Nationale supplerende forbehold findes i listerne over forbehold gældende i AT, BE, BG, FI, FR, MT, SK og UK.
Gældende foranstaltninger:
Ingen
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af alle sociale tjenesteydelser, der modtager offentlig støtte eller statsstøtte i en hvilken som helst form og derfor ikke kan anses for at være privatfinansieret, samt med hensyn til aktiviteter eller tjenesteydelser, der er del af en offentlig pensionsplan eller en lovbestemt social sikringsordning.
Private operatørers deltagelse i privatfinansierede sociale netværk kan være underlagt koncession på et ikke-diskriminerende grundlag. Eventuel anvendelse af økonomisk behovsprøve. Hovedkriterier: de eksisterende etablissementers antal og betydning, den trafikale infrastruktur, befolkningstætheden, den geografiske spredning og skabelsen af nye arbejdspladser.
Nationale supplerende forbehold findes i listerne over forbehold gældende i BE, CY, CZ, DE, DK, EL, ES, FI, FR, HU, IE, IT, LT, MT, PL, PT, RO, SI, SK og UK.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Beskrivelse:
Finansielle tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger, der på et ikke-diskriminerende grundlag kræver, at finansielle institutioner, med undtagelse af filialer, har en specifik juridisk form, når de etablerer sig i en medlemsstat.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Kun virksomheder, der har deres vedtægtsmæssige hjemsted i EU, kan fungere som depositarer for investeringsinstitutters aktiver. Til forvaltning af fælles fonde, herunder investeringsforeninger og, såfremt det er tilladt i henhold til den nationale lovgivning, investeringsselskaber, skal der etableres et specialiseret administrationsselskab med hovedkontor og forretningssted i samme EU-medlemsstat.
Gældende foranstaltninger:
Rådets direktiv 85/611/EØF af 20. december 1985 om samordning af love og administrative bestemmelser om visse institutter for kollektiv investering i værdipapirer (investeringsinstitutter)
Sektor:
Lufttransport
Delsektor:
Tjenesteydelser i tilknytning til lufttransport
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Unionen forbeholder sig retten til at vedtage eller opretholde foranstaltninger, hvormed der indrømmes et tredjeland differentieret behandling i henhold til en eksisterende eller fremtidig bilateral eller multilateral aftale vedrørende følgende tjenesteydelser i tilknytning til lufttransport:
a)
salg og markedsføring af lufttransportydelser
b)
tjenesteydelser i forbindelse med edb-reservationssystemer og
c)
andre tjenesteydelser i tilknytning til lufttransport, herunder groundhandling og lufthavnstjenester.
For så vidt angår vedligeholdelse og reparation af luftfartøjer og dele dertil, forbeholder EU sig retten til at indføre eller opretholde foranstaltninger, hvormed der indrømmes et tredjeland differentieret behandling i henhold til eksisterende eller fremtidige handelsaftaler i henhold til artikel V i GATS.
Gældende foranstaltninger:
Sektor:
Lufttransport
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Præstationskrav
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende lufttrafik eller relaterede tjenesteydelser til støtte for lufttrafik og andre tjenesteydelser, der leveres ved hjælp af lufttransport, med undtagelse af de tjenesteydelser, der er omhandlet i artikel 8.2.2, litra a), nr. i) til v), for så vidt angår oprettelse, erhvervelse eller udvidelse af omfattede investeringer, i det omfang at sådanne foranstaltninger ikke er udelukket fra anvendelsesområdet for afsnit B og C i kapitel otte (investeringer).
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Skibsfart
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502, CPC 5133, CPC 5223, CPC 722, CPC 74520, CPC 74540, CPC 74590 og CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende registrering af ikke-søgående fartøjer som forudsætning for at føre en EU-medlemsstats nationale flag og vedrørende etablering af en registreret virksomhed som forudsætning for flådedrift under flaget i den stat, hvor virksomheden etableres. Dette forbehold vedrører bl.a. krav om etablering og registrering eller bemanding af et hovedkontor i den pågældende EU-medlemsstat samt krav vedrørende kapitalforhold og kontrol.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Skibsfart
Brancheklassifikation:
CPC 5133, CPC 5223, CPC 721, CPC 722, CPC 74520, CPC 74540 og CPC 74590
Enhver anden erhvervsmæssig aktivitet, der udføres fra et skib
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Forpligtelser
Beskrivelse:
Investeringer, grænseoverskridende handel med tjenesteydelser og international søtransportydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende nationaliteten af besætningen på søgående og ikke-søgående fartøjer.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Skibsfart
Hjælpetjenesteydelser i forbindelse med skibsfart
Brancheklassifikation:
CPC 72 og CPC 745
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Mestbegunstigelsesbehandling
Forpligtelser
Beskrivelse:
Investeringer, grænseoverskridende handel med tjenesteydelser og international søtransportydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende national cabotagetransport.
Uden at det berører de aktiviteter, der kan betragtes som »cabotage« under den relevante nationale lovgivning, dækker national cabotagetransport i princippet transport af passagerer eller varer mellem en havn eller et sted i en EU-medlemsstat og en anden havn eller et andet sted i den samme medlemsstat, herunder på dens kontinentalsokkel som defineret i De Forenede Nationers havretskonvention, og trafik, der starter og slutter i samme havn eller på samme sted i en EU-medlemsstat.
Det præciseres, at dette forbehold bl.a. finder anvendelse på feederserviceydelser. Dette forbehold finder ikke anvendelse på canadiske rederiers ikke-kommercielle flytning af containere, som ejes eller lejes.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Skibsfart:Lodsning, liggepladsfaciliteter samt slæbe- og bugsertjenester
Brancheklassifikation:
CPC 7214, CPC 7224 og CPC 7452
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende lodsning og liggepladsfaciliteter. Det præciseres, at uanset de kriterier, der finder anvendelse på registrering af skibe i en EU-medlemsstat, forbeholder EU sig retten til at kræve, at kun skibe, der er registreret i de nationale registre i EU's medlemsstater, kan levere lodsning og liggepladsfaciliteter.
I EU, med undtagelse af LT og LV, kan kun fartøjer, der fører en EU-medlemsstats flag, udføre slæbe- og bugservirksomhed.
I LT kan kun juridiske personer fra Litauen eller juridiske personer fra en EU-medlemsstat med filialer i Litauen, som er i besiddelse af et certifikat, der er udstedt af de litauiske søfartssikkerhedsmyndigheder, levere tjenesteydelser inden for lodsning, liggepladsfaciliteter samt slæbe og bugservirksomhed.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Transport ad indre vandveje
Brancheklassifikation:
CPC 722
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed der indrømmes et tredjeland differentieret behandling i henhold til eksisterende eller fremtidige aftaler om adgang til indre vandveje (inkl. aftaler om skibsfart på ruten Rhinen-Main-Donau), hvor trafikrettighederne er forbeholdt operatører, der er etableret i de pågældende lande og opfylder nationalitetskriterierne med hensyn til ejerskab.
Med forbehold af bestemmelser til gennemførelse af Mannheim-konventionen om skibsfart på Rhinen. Denne del af forbeholdet gælder kun for følgende EU-medlemsstater: BE, DE, FR og NL.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at kræve etablering og begrænse den grænseoverskridende levering af vejtransporttjenesteydelser.
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser muligheden for levering af cabotage inden for en EU-medlemsstat for udenlandske investorer, der er etableret i en anden EU-medlemsstat.
Eventuel anvendelse af økonomisk behovsprøve for taxikørsel i EU med undtagelse af BE. Den eventuelle økonomiske behovstest fastsætter et maksimalt antal tjenesteydere. Hovedkriterier: Lokal efterspørgsel som fastsat i gældende lovgivning.
For person- og fragtbefordring ad landevej findes der nationale supplerende forbehold i listerne over forbehold gældende i AT, BE, BG, ES, FI, FR, IE, IT, LT, LV, MT, PT, RO, SE og SK.
Gældende foranstaltninger:
Europa-Parlamentets og Rådets forordning (EF) nr. 1071/2009 af 21. oktober 2009 om fælles regler om betingelser for udøvelse af vejtransporterhvervet og om ophævelse af Rådets direktiv 96/26/EF
Europa-Parlamentets og Rådets forordning (EF) nr. 1072/2009 af 21. oktober 2009 om fælles regler for adgang til markedet for international godskørsel
Europa-Parlamentets og Rådets forordning (EF) nr. 1073/2009 af 21. oktober 2009 om fælles regler for adgang til det internationale marked for buskørsel og om ændring af forordning (EF) nr. 561/2006
Sektor:
Transport
Delsektor:
Vej- og jernbanetransport
Brancheklassifikation:
CPC 7111, CPC 7112, CPC 7121, CPC 7122 og 7123
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed der indrømmes differentieret behandling til et land i henhold til eksisterende eller fremtidige bilaterale aftaler om international godskørsel (herunder kombineret vejtransport/jernbanetransport) og passagertransport, der indgås mellem EU eller EU's medlemsstater og et tredjeland.
En sådan behandling kan:
a)
forbeholde retten til eller begrænse leveringen af de pågældende transporttjenesteydelser mellem de kontraherende parter eller gennem de kontraherende parters territorium til køretøjer, der er registreret i de kontraherende parter
 (
2
)
, eller
b)
give skattefritagelse for sådanne køretøjer.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Rumfart
Udlejning af rumfartøjer
Brancheklassifikation:
CPC 733 og del af CPC 734
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EU forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende transport gennem rummet og udlejning af rumfartøjer.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Transmissionssystemer til elektricitet og gas
Transport via olie- og gasrørledning
Brancheklassifikation:
ISIC rev. 3.1 401  og 402 samt CPC 7131 og CPC 887 (med undtagelse af rådgivning og konsulentvirksomhed)
Forbeholdstype:
National behandling
Markedsadgang
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Hvis en EU-medlemsstat tillader udenlandsk ejerskab af et transmissionssystem til elektricitet eller gas eller et system til transport via olie- og gasrørledning, forbeholder EU sig retten til at indføre eller opretholde foranstaltninger vedrørende virksomheder i Canada, der kontrolleres af fysiske personer eller virksomheder i et tredjeland, som tegner sig for mere end fem procent af EU's import af olie eller naturgas eller elektricitet, for at garantere energiforsyningssikkerheden i EU som helhed eller i en enkelt EU-medlemsstat.
Dette forbehold finder ikke anvendelse på rådgivning og konsulentvirksomhed, der leveres som tjenesteydelser i tilknytning til energidistribution.
Dette forbehold finder hverken anvendelse på HU og LT (LT, kun CPC 7131), for så vidt angår rørledningstransport af brændstoffer, eller LV, for så vidt angår tjenesteydelser i tilknytning til energidistribution, eller til SI, for så vidt angår tjenesteydelser i tilknytning til gasdistribution.
Nationale supplerende forbehold findes i literne over forbehold gældende i BE, BG, CY, FI, FR, HU, LT, NL, PT, SI og SK.
Gældende foranstaltninger:
Europa-Parlamentets og Rådets direktiv 2009/72/EF af 13. juli 2009 om fælles regler for det indre marked for elektricitet og om ophævelse af direktiv 2003/54/EF
Europa-Parlamentets og Rådets direktiv 2009/73/EF af 13. juli 2009 om fælles regler for det indre marked for naturgas og om ophævelse af direktiv 2003/55/EF
Forbehold, der gælder i Østrig
Sektor:
Fremstilling af nukleart brændsel, elektricitet, gas- og vandforsyning
Delsektor:
Kerneenergiproduktion, oparbejdning af nukleart materiale og brændsel, transport og håndtering af nukleart materiale
Brancheklassifikation:
ISIC rev. 3.1 233  og ISIC rev. 3.1 40
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Østrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende oparbejdning, distribution og transport af nukleart materiale og kerneenergiproduktion.
Gældende foranstaltninger:
Bundesverfassungsgesetz für ein atomfreies Österreich (forfatningsloven om et atomfrit Østrig), BGBl. I Nr. 149/1999
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af kontorpersonale og andet personale
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Østrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende kontorvikarvirksomhed og etablering af virksomheder, der tilbyder rekruttering af kontorpersonale og andet personale.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Videregående uddannelser
Voksenundervisning
Brancheklassifikation:
CPC 923 og 924
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Østrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede videregående uddannelser.
Østrig forbeholder sig retten til at forbyde grænseoverskridende levering af privatfinansieret voksenundervisning ved hjælp af radio- eller tv-spredning.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Ambulancetjenester
Brancheklassifikation:
CPC 93192
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Østrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansieret ambulancevirksomhed.
Gældende foranstaltninger:
Forbehold, der gælder i Belgien
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501 og 0502 samt CPC 882
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
En licens er obligatorisk for havfiskeri i Belgien. Ejeren af et fartøj, der har en fiskerilicens, skal være enten en juridisk eller en fysisk person. Den fysiske person skal være bosat i Belgien, når der ansøges om fiskerilicens. Den juridiske person skal være en national virksomhed, og ledelsen for den nationale virksomhed skal beskæftige sig med fiskeri og være bosat i Belgien, når der ansøges om fiskerilicens.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Det er ikke tilladt for udenlandske leverandører at levere vagt- og sikkerhedsvirksomhed på tværs af grænserne.
Krav om statsborgerskab i en EU-medlemsstat for medlemmer af bestyrelsen i virksomheder, der leverer vagt- og sikkerhedstjenester samt rådgivning og uddannelse inden for vagt- og sikkerhedsvirksomhed. Den øverste ledelse i virksomheder, der tilbyder vagt- og sikkerhedskonsulentvirksomhed, skal være statsborgere i en EU-medlemsstat.
Gældende foranstaltninger:
Sektor:
Fordeling
Delsektor:
Detailhandel med farmaceutiske, medicinske og ortopædiske produkter
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Postordresalg er kun tilladt for apoteker med adgang for offentligheden, dvs. at etablering i Belgien er en forudsætning for detailsalg af lægemidler
Gældende foranstaltninger:
Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens
Arrêté royal du 10 novembre 1967 relatif à l'exercice des professions des soins de santé
Sektor:
Sundhedsydelser
Delsektor:
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Belgien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansieret ambulancevirksomhed og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Sundhedsrelaterede ydelser leveret af fagfolk: ydelser leveret af læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale, psykologer og dyrlæger
Brancheklassifikation:
Del af CPC 85201, CPC 9312, del af CPC 93191 og CPC932
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Belgien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af ydelser leveret af læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og dyrlæger.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Belgien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Godshåndtering
Brancheklassifikation:
CPC 741
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Godshåndtering kan kun udføres af godkendte arbejdstagere, som er berettigede til at arbejde i havneområder, der er udpeget ved kongeligt dekret.
Gældende foranstaltninger:
Loi du 8 juin 1972 organisant le travail portuaire.
Arrêté royal du 12 janvier 1973 instituant une Commission paritaire des ports et fixant sa dénomination et sa compétence
Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers)
Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand)
Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge)
Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende)
Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les zones portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le travail portuaire, tel que modifié.
Sektor:
Transport
Delsektor:
Vejtransport
Brancheklassifikation:
CPC 71221
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Belgien forbeholder sig retten til at begrænse adgangen til licenser til taxakørsel.
For hovedstadsregionen Bruxelles:
 Det maksimale antal licenser er fastsat ved lov.
For regionen Flandern
: Det maksimale antal taxaer pr. person er fastsat ved lov. Dette tal kan justeres, og der anvendes i så fald en økonomisk behovsprøve. Hovedkriterier: urbaniseringsgrad, den gennemsnitlige udnyttelsesgrad for eksisterende taxaer.
For regionen Vallonien
: Det maksimale antal taxaer pr. person er fastsat ved lov. Dette tal kan justeres, og der anvendes i så fald en økonomisk behovsprøve. Hovedkriterier: den gennemsnitlige udnyttelsesgrad for eksisterende taxaer.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Elproduktion
Brancheklassifikation:
ISIC Rev. 3.1 4010
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer
En individuel godkendelse til fremstilling af elektricitet med en kapacitet på 25 MW kræver etablering i EU eller i en anden stat, som har en ordning svarende til den i direktiv 96/92/EF omhandlede, og hvor virksomheden har en reel og vedvarende forbindelse med landets økonomi.
Offshore-produktion af elektricitet inden for Belgiens offshoreterritorium er underlagt koncession og en forpligtelse til at indgå i et joint venture med en virksomhed fra en EU-medlemsstat eller en udenlandsk virksomhed fra et land, som har en ordning svarende til den i direktiv 2003/54/EF omhandlede, navnlig med hensyn til betingelser vedrørende godkendelse og udvælgelse. Desuden skal virksomheden have sit hovedkontor i en EU-medlemsstat eller et land, der opfylder ovennævnte kriterier, hvor den har en reel og vedvarende forbindelse med landets økonomi.
Etablering af elektriske ledninger, som forbinder offshoreproduktionen med Elia-transmissionsnettet, kræver tilladelse, og virksomheden skal opfylde de tidligere omhandlede betingelser med undtagelse af kravene om et joint venture.
Gældende foranstaltninger:
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
Sektor:
Energi
Delsektor:
Energitransmission og styrtgodslagring af gas
Brancheklassifikation:
ISIC rev. 3.1 4010, CPC 71310, del af CPC 742 og CPC 887 (med undtagelse af konsulentvirksomhed)
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Belgien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende juridiske enheders form og behandlingen af offentlige eller private aktører, som Belgien har indrømmet eksklusive rettigheder. Der kræves etablering inden for EU for energitransmission og styrtgodslagring af gas.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Energidistribution og tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
CPC 887 (med undtagelse af konsulentvirksomhed)
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Belgien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende energidistribution og tjenesteydelser i tilknytning til energidistribution.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Rørledningstransport af brændstof
Brancheklassifikation:
CPC 7131
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Rørledningstransport af naturgas og andre brændstoffer er genstand for et krav om godkendelse. En godkendelse kan kun gives til en fysisk eller juridisk person, der er etableret i en EU-medlemsstat (i overensstemmelse med artikel 3 i Arrêté Royal af 14. maj 2002).
Hvis der kræves godkendelse af en virksomhed, skal:
a)
virksomheden være etableret i henhold til belgisk lovgivning, lovgivningen i en anden EU-medlemsstat eller lovgivningen i et tredjeland, der har forpligtet sig til at opretholde en administrativ ramme svarende til de fælles krav, der er omhandlet i Europa-Parlamentets og Rådets direktiv 98/30/EF af 22. juni 1998 om fælles regler for det indre marked for naturgas, og
b)
virksomheden have sit forvaltningsmæssige hjemsted, sit hovedforretningssted eller sit hovedkontor i en EU-medlemsstat eller et tredjeland, der har forpligtet sig til at opretholde en administrativ ramme svarende til de fælles krav, der er omhandlet i Europa-Parlamentets og Rådets direktiv 98/30/EF af 22. juni 1998 om fælles regler for det indre marked for naturgas, forudsat at den virksomhed, der udøves på hovedforretningsstedet eller hovedkontoret, udgør en reel og vedvarende forbindelse med økonomien i det pågældende land.
Gældende foranstaltninger:
Arrêté Royal du 14 mai 2002 relatif à l'autorisation de transport de produits gazeux et autres par canalisations.
Sektor:
Energi
Delsektor:
Engroshandel med elektricitet og gas
Brancheklassifikation:
CPC 62271
Forbeholdstype:
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En godkendelse er nødvendig for levering af elektricitet via en mellemmand, der har kunder etableret i Belgien, som er tilsluttet det nationale net eller en direkte linje, hvis nominelle spænding er højere end 70 000  volt. En sådan godkendelse kan kun gives til en fysisk eller juridisk person, der er etableret i EØS.
Generelt er levering af naturgas til kunder (kunder er både distributionsvirksomheder og forbrugere, hvis samlede kombinerede forbrug af gas hidrørende fra alle forsyningspunkter er på mindst en million kubikmeter pr. år), der er etableret i Belgien, genstand for et krav om individuel godkendelse udstedt af ministeren, medmindre leverandøren er en distributionsvirksomhed, som benytter sit eget distributionsnet. En sådan godkendelse kan kun gives til en fysisk eller juridisk person, der er etableret i en EU-medlemsstat.
Gældende foranstaltninger:
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
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
Sektor:
Energi
Delsektor:
Nuklear energi
Brancheklassifikation:
ISIC rev. 3.1 233  og ISIC rev. 3.1 40
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Belgien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende produktion, oparbejdning eller transport af nukleart materiale samt produktion og distribution af kerneenergi.
Gældende foranstaltninger:
Sektor:
Råstofindvinding, fremstillingsvirksomhed og energi
Delsektor:
Råstofindvinding, fremstilling af raffinerede olieprodukter og nukleart brændsel samt elektricitets-, gas- og varmtvandsforsyning
Brancheklassifikation:
ISIC rev. 3.1 10, ISIC rev. 3.11110, ISIC rev. 3.1 13, ISIC rev. 3.1 14, ISIC rev 3.1 232 , del af ISIC rev. 3.1 4010, del af ISIC rev. 3.1 4020 og del af ISIC rev. 3.1 4030
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Med undtagelse af udvinding af metalholdige malme og anden råstofindvinding kan virksomheder i Canada, der kontrolleres af fysiske personer eller virksomheder i et tredjeland, som tegner sig for mere end 5 procent af EU's olie-, naturgas- eller elektricitetsimport være udelukket fra at opnå kontrol over aktiviteten.
Krav om registrering som juridisk person (ingen filialer).
Gældende foranstaltninger:
Forbehold, der gælder i Bulgarien
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Beskrivelse:
Investeringer
Udenlandske fysiske og juridiske personer (herunder filialer) kan ikke erhverve ejendomsret til jord i Bulgarien. Bulgarske juridiske personer med udenlandsk deltagelse kan ikke erhverve ejendomsret til landbrugsjord. Udenlandske juridiske personer og udenlandske statsborgere med fast bopæl eller opholdssted i udlandet kan erhverve ejendomsret til bygninger og begrænsede ejendomsrettigheder (brugsret, bygningsret, ret til at opføre overbygninger og servitutter) til fast ejendom. Udenlandske statsborgere med fast bopæl i udlandet, udenlandske juridiske personer og virksomheder, i hvilke den udenlandske aktieandel sikrer flertal ved vedtagelse af beslutninger eller blokering af beslutninger, kan erhverve ejendomsret til fast ejendom i specifikke geografiske regioner, som udvælges af ministerrådet med forbehold af tilladelse.
Gældende foranstaltninger:
Republikken Bulgariens forfatning, art. 22
Lov om ejendomsret til og anvendelse af landbrugsarealer, art. 3
Lov om skove, art. 10
Sektor:
Alle andre sektorer end råstofindvinding
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Foranstaltninger:
Lov om statsejendom
Koncessionsloven
Lov om privatisering og kontrol efter privatisering
Beskrivelse:
Investeringer
Visse former for erhvervsvirksomhed i forbindelse med udnyttelse eller anvendelse af statslig eller offentlig ejendom kan udøves på grundlag af koncessioner, som indrømmes i henhold til loven om koncessioner.
Kommercielle selskaber, i hvilke staten eller en kommune har en selskabsandel på mere end 50 procent, kan ikke foretage transaktioner i forbindelse med afhændelse af aktiver i selskabet, indgå kontrakter om erhvervelse af kapitalinteresser, leasing, fælles aktiviteter, kredit, sikring af tilgodehavender samt andre forpligtelser ifølge veksler, medmindre der gives tilladelse hertil af den kompetente myndighed, dvs. privatiseringsorganet eller kommunalbestyrelsen.
Dette forbehold finder ikke anvendelse på råstofindvinding, som er underlagt et særskilt forbehold i bilag I.
Gældende foranstaltninger:
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Fangst af levende ressourcer i have og floder, der udføres af fartøjer i indre farvande, territorialfarvandet og de indre vandveje i Bulgarien, skal udføres fra fartøjer, der fører bulgarsk flag. Et udenlandsk skib må ikke udøve erhvervsfiskeri i den eksklusive økonomiske zone, medmindre der foreligger en aftale mellem Bulgarien og flagstaten. Under passagen gennem den eksklusive økonomiske zone må udenlandske fiskefartøjer ikke have deres fiskeredskaber i drift.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 40, CPC 71310 og del CPC 88
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende produktion af elektricitet og varme og tjenesteydelser i tilknytning til energidistribution samt rørledningstransport, opbevaring og oplagring af olieprodukter og naturgas, herunder transitoverførsel.
Gældende foranstaltninger:
Lov om energi
Sektor:
Fremstilling af nukleart brændsel, elektricitet, gas- og vandforsyning
Delsektor:
Kerneenergiproduktion
Oparbejdning af nukleart materiale og brændsel
Transport eller håndtering af nukleart materiale
Brancheklassifikation:
ISIC rev. 3.1 23 og ISIC rev. 3.1 40
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende bearbejdning af fissions- og fusionsmaterialer eller materialer, af hvilke disse udvindes, samt handel hermed, vedligeholdelse og reparation af udstyr og systemer i kernekraftanlæg, transport af sådant materiale og skrot og affald fra bearbejdning, brug af ioniserende stråling og alle andre tjenesteydelser i forbindelse med udnyttelse af kerneenergi til fredelige formål (herunder ingeniør- og konsulenttjenesteydelser og tjenesteydelser i forbindelse med software osv.).
Gældende foranstaltninger:
Lov om sikker anvendelse af kerneenergi
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
I Bulgarien kan den fulde nationale behandling, der gælder for etablering og drift af virksomheder og levering af tjenesteydelser, kun udvides til også at gælde virksomheder etableret i og statsborgere fra de lande, med hvem der er indgået eller vil blive indgået præferenceordninger.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og CPC 86212 (med undtagelse af regnskabsvæsen)
Forbeholdstype:
National behandling
Foranstaltninger:
Uafhængig finansiel revision
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
En uafhængig finansiel revision gennemføres af registrerede revisorer, som er medlemmer af sammenslutningen af statsautoriserede revisorer. Under forudsætning af gensidighed registrerer sammenslutningen af statsautoriserede revisorer et revisionsfirma fra Canada eller et tredjeland, hvis der forelægges bevis for, at:
a)
tre fjerdedele af medlemmerne af ledelsesorganerne og de registrerede revisorer, der udfører revision på vegne af virksomheden, opfylder kriterier svarende til dem, der gælder for bulgarske revisorer, og har bestået de relevante prøver
b)
revisionsfirmaet udfører uafhængig finansiel revision i overensstemmelse med kravene til uafhængighed og objektivitet og
c)
revisionsfirmaet på sit websted offentliggør en årlig beretning om gennemsigtighed eller opfylder andre tilsvarende krav om oplysning, hvis den reviderer virksomheder af interesse for offentligheden.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Dyrlægevirksomhed
Brancheklassifikation:
CPC 932
Forbeholdstype:
National behandling
Markedsadgang
Foranstaltninger:
Lov om dyrlægepraksis
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
I Bulgarien kan en dyrlægepraksis oprettes af en fysisk eller en juridisk person.
Udøvelse af dyrlægegerning er underlagt et krav om statsborgerskab i en EU- eller EØS-medlemsstat, mens udenlandske statsborgere fra andre lande skal have en permanent opholdstilladelse (fysisk tilstedeværelse er påkrævet).
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorpersonale.
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af ledende personale og kontorpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPc 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Fordeling
Delsektor:
Distribution af kemiske produkter
Distribution af ædle metaller og sten
Distribution af lægemidler samt produkter og genstande til medicinsk brug.
Distribution af tobak og tobaksvarer
Distribution af alkoholiske drikkevarer
Brancheklassifikation:
Del af CPC 621, CPC 62228, CPC 62251, CPC 62271, del af CPC 62272, CPC 62276, CPC 63108 og del af CPC 6329
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende distribution af kemiske produkter, ædle metaller og sten, lægemidler og produkter og genstande til medicinsk brug, tobak og tobaksvarer samt alkoholiske drikkevarer.
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tjenesteydelser leveret af varemæglere.
Gældende foranstaltninger:
Lov om lægemidler i humanmedicin
Lov om dyrlægegerning
Lov om forbud mod kemiske våben og kontrol med giftige kemiske stoffer og deres prækursorer
Lov om tobak og tobaksvarer
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 921, CPC 922 og CPC 923
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende begrænsning af grænseoverskridende levering af privatfinansieret primær- og sekundærundervisning.
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede videregående uddannelser.
Gældende foranstaltninger:
Lov om offentlig uddannelse, art. 12
Lov om højere uddannelse, stk. 4 i de supplerende bestemmelser
Lov om erhvervsuddannelse, art. 22
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Kontrakter om transportforsikring af gods, køretøjsforsikring og ansvarsforsikring for risici beliggende i Bulgarien må ikke indgås direkte af udenlandske forsikringsselskaber.
Sektor:
Sundhedsydelser
Delsektor:
Brancheklassifikation:
CPC 9311, CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansierede hospitaler, privatfinansieret ambulancevirksomhed og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Sundhedsrelaterede ydelser leveret af fagfolk: ydelser leveret af læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og psykologer
Brancheklassifikation:
CPC 9312 og del af CPC 9319
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Bulgarien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fagfolks levering af alle sundhedsrelaterede ydelser, herunder ydelser leveret af læger, tandlæger, sygeplejersker, jordemødre, fysioterapeuter, paramedicinsk personale og psykologer.
Gældende foranstaltninger:
Lov om sygehuse
Lov om foreninger for sygeplejersker, jordemødre og speciallæger
Sektor:
Transport
Delsektor:
Hjælpetjenesteydelser inden for vejtransport
Brancheklassifikation:
CPC 744
Forbeholdstype:
National behandling
Foranstaltninger:
Den bulgarske lov om vejtransport, art. 6
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Der kræves etablering.
Gældende foranstaltninger:
Sektor:
Skibsfart
Delsektor:
Hjælpetjenesteydelser i forbindelse med skibsfart
Brancheklassifikation:
Del af CPC 741 og del af CPC 742
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
For så vidt at Canada og landets provinser og territorier tillader tjenesteydere fra Bulgarien at levere godshåndtering og lager- og pakhusvirksomhed i maritime havne og flodhavne, herunder tjenesteydelser i tilknytning til containere og containergods, vil Bulgarien tillade tjenesteydere fra Canada at levere godshåndring og lager- og pakhusvirksomhed i maritime havne og flodhavne, herunder tjenesteydelser i tilknytning til containere og containergods, på samme betingelser.
Gældende foranstaltninger:
Sektor:
Jernbanetransport
Delsektor:
Brancheklassifikation:
CPC 7111 og CPC 7112
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der træffes inden for rammerne af eksisterende eller fremtidige aftaler, og som regulerer trafikrettigheder og driftsbetingelser samt leveringen af transporttjenesteydelser i Bulgarien, Tjekkiet og Slovakiet og mellem de berørte lande.
Gældende foranstaltninger:
Sektor:
Vejtransport
Delsektor:
Brancheklassifikation:
CPC 7111 og CPC 7112
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der træffes inden for rammerne af eksisterende eller fremtidige aftaler, der forbeholder retten til eller begrænser leveringen af disse typer transporttjenesteydelser samt specificerer leveringsbetingelserne, herunder transittilladelser eller fordelagtige vejafgifter, i Bulgarien eller over Bulgariens grænser.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Der kan for passager- og godstransport kun gives eksklusive rettigheder og/eller tilladelser til EU-statsborgere og juridiske personer fra EU-medlemsstater, som har deres hovedkontor i EU.
Krav om registrering som juridisk person. Krav om statsborgerskab i en EU-medlemsstat for fysiske personer.
Gældende foranstaltninger:
Forbehold, der gælder i Kroatien
Sektor:
Landbrug, jagt
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 011 , ISIC rev. 3.1 012 , ISIC rev. 3.1 013 , ISIC rev. 3.1 014 , ISIC rev. 3.1 015 , CPC 8811, CPC 8812 og CPC 8813 (med undtagelse af rådgivning og konsulentvirksomhed)
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Kroatien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende landbrug og jagt.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Byplanlægning
Brancheklassifikation:
CPC 8674
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kroatien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af byplanlægning.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302 og CPC 87305
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Kroatien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende sikkerhedskonsulent- og vagtvirksomhed.
Gældende foranstaltninger:
Sektor:
Andre forretningstjenesteydelser
Delsektor:
Oversættelse og tolkning
Brancheklassifikation:
CPC 87905
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kroatien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af tolkning og oversættelse af officielle dokumenter.
Gældende foranstaltninger
Sektor:
Transporttjenester
Delsektor:
Vejtransport
Brancheklassifikation:
(CPC 7111 og CPC 7112)
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der anvendes inden for rammerne af eksisterende eller fremtidige aftaler om international vejtransport, og som forbeholder retten til eller begrænser leveringen af transporttjenesteydelser og specificerer driftsbetingelserne, herunder transittilladelser eller fordelagtige vejafgifter for transporttjenesteydelser til, i, gennem eller fra Kroatien til de berørte parter.
Gældende foranstaltninger:
Sektor:
Transporttjenester
Delsektor:
Hjælpetjenesteydelser for alle transportformer
Brancheklassifikation:
CPC 741, CPC 742, CPC 743, CPC 744, CPC 745, CPC 746 og CPC 749
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Kroatien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af hjælpetjenesteydelser for transport, med undtagelse af godstransportagenturvirksomhed, udarbejdelse af transportdokumenter og hjælpetjenesteydelser inden for vejtransport, der kræver en tilladelse.
Gældende foranstaltninger:
Forbehold, der gælder i Cypern
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Cypern forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Cypern forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 921, CPC 922, CPC 923 og CPC 924
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Cypern forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansieret primær- og sekundærundervisning, privatfinansierede videregående uddannelser og privatfinansieret voksenundervisning.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Hospitalstjenester
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 9311, CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Cypern forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansierede hospitaler, privatfinansieret ambulancevirksomhed og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Cypern forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 232 , ISIC rev. 3.1 4010, ISIC rev. 3.1 4020, CPC 613, CPC 62271, CPC 63297, CPC 7131, CPC 742 og CPC 887 (med undtagelse af rådgivning og konsulentvirksomhed)
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Præstationskrav
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Cypern forbeholder sig retten til at indføre eller opretholde foranstaltninger, der begrænser grænseoverskridende levering og kræver etablering for lager- og pakhusvirksomhed for brændstoffer, der transporteres ad rørledning, og detailhandel med brændselsolier og flaskegas undtagen pr. postordre.
Cypern forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fremstilling af raffinerede olieprodukter, for så vidt at investoren kontrolleres af en fysisk eller juridisk person fra et ikke-EU-land, der står for mere end 5 procent af EU's import af olie eller naturgas, samt fremstilling af gas, distribution af gasformige brændstoffer gennem rørledninger for egen regning, produktion, transmission og distribution af elektricitet, rørledningstransport af brændstoffer, tjenesteydelser i tilknytning til elektricitets- og naturgasdistribution, med undtagelse af rådgivning og konsulentvirksomhed, engroshandel med elektricitet og detailhandel med motorbrændstof, elektricitet og gas (ikke flaskeglas).
Gældende foranstaltninger:
Lovene om regulering af elektricitetsmarkedet fra 2003-2008 (artikel 34, stk. 2, og artikel 37)
Lovene om regulering af elektricitetsmarkedet fra 2004-2007
Loven om olieprodukter (rørledninger), kapitel 273 i Republikken Cyperns forfatning
Loven om olieprodukter (L.64(I)/1975)
Lovene om olieprodukt- og brændstofspecifikationer fra 2003 til 2009
Forbehold, der gælder i Tjekkiet
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom
Brancheklassifikation:
CPC 821 og CPC 822
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Tjekkiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af tjenesteydelser i forbindelse med fast ejendom.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Auktionsvirksomhed
Brancheklassifikation:
Del af CPC 612, del af CPC 621, del af CPC 625 og del af CPC 85990
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Auktionsvirksomhed er i Tjekkiet underlagt krav om licens. For at opnå en licens (til at udbyde frivillige offentlige auktioner) skal en virksomhed være registreret i Tjekkiet, og en fysisk person er forpligtet til at indhente en opholdstilladelse, og virksomheden eller den fysiske person skal være registreret i handelsregistret i Tjekkiet.
Gældende foranstaltninger:
Lov nr. 455/1991 sml., lov om næringsbrev
Lov nr. 26/2000 sml. om offentlige auktioner
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og CPC 86212 (med undtagelse af regnskabsvæsen)
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Kun en virksomhed, hvor mindst 60 procent af kapitalen eller stemmerettighederne er forbeholdt statsborgere i Tjekkiet eller i EU's medlemsstater, kan få tilladelse til at udføre revisioner i Tjekkiet.
Gældende foranstaltninger:
Lov af 14. april 2009 nr. 93/2009 sml. om revisorer
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tjekkiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorpersonale.
Tjekkiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af ledende personale og kontorpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tjekkiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 921, CPC 922, CPC 923 og CPC 924
Forbeholdstype:
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
I Tjekkiet skal flertallet af medlemmerne af bestyrelsen for en institution, der tilbyder privatfinansieret undervisning, være statsborgere i Tjekkiet.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Hospitalstjenester
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 9311, CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Tjekkiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansierede hospitaler, privatfinansieret ambulancevirksomhed og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Gældende foranstaltninger:
Lov nr. 372/2011 sml. om sundhedstjenester og vilkårene for levering heraf
Sektor:
Sundhedsydelser
Delsektor:
Sundhedsrelaterede ydelser leveret af fagfolk: ydelser leveret af læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og psykologer
Andre sundhedsrelaterede tjenesteydelser
Brancheklassifikation:
CPC 9312 og del af CPC 9319
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tjekkiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fagfolks levering af alle sundhedsrelaterede ydelser, herunder ydelser leveret af fagfolk såsom læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter og paramedicinsk personale og psykologer samt andre sundhedsrelaterede tjenesteydelser inden for håndtering af humane væv, organer og celler bestemt til anvendelse i mennesker.
Gældende foranstaltninger:
Lov nr. 296/2008 Sml., om sikring af kvaliteten og sikkerheden ved humane væv og celler bestemt til anvendelse i mennesker (»lov om humane væv og celler«)
Lov nr. 378/2007 sml. om lægemidler og om ændring af en række relaterede retsakter (lov om lægemidler)
Lov nr. 123/2000 sml. om medicinsk udstyr
Lov nr. 285/2002 sml. om donation, udtagning og transplantation af væv og organer og om ændring af visse love (transplantationsloven)
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Tjekkiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger
Sektor:
Jernbanetransport
Delsektor:
Brancheklassifikation:
CPC 7111 og CPC 7112
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der træffes inden for rammerne af eksisterende eller fremtidige aftaler, og som regulerer trafikrettigheder og driftsbetingelser samt leveringen af transporttjenesteydelser i Bulgarien, Tjekkiet og Slovakiet og mellem de berørte lande.
Gældende foranstaltninger:
Sektor:
Vejtransport
Delsektor:
Brancheklassifikation:
CPC 7121, CPC 7122 og CPC 7123
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der træffes inden for rammerne af eksisterende eller fremtidige aftaler, og som forbeholder retten til eller begrænser leveringen af transporttjenesteydelser og specificerer driftsbetingelserne, herunder transittilladelser eller fordelagtige vejafgifter for transporttjenesteydelser til, i, gennem eller fra Tjekkiet til de berørte kontraherende parter.
Gældende foranstaltninger:
Forbehold, der gælder i Danmark
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger truffet af Danmark, Sverige og Finland med henblik på nordisk samarbejde, herunder:
a)
finansiel støtte til forsknings- og udviklingsprojekter (FoU-projekter) (Nordisk industrifond),
b)
støtte til gennemførlighedsundersøgelser vedrørende internationale projekter (Nordisk eksportprojektfond), og
c)
finansiel støtte til virksomheder
 (
3
)
, der anvender miljøteknologi (Nordisk miljøfinansieringsbureau).
Dette forbehold berører ikke udelukkelsen af en parts offentlige udbud, subsidier eller offentlige støtte til handel med tjenesteydelser som omhandlet i henholdsvis art. 8.15.5, litra a) og b), og art. 9.2.2, litra f) og g).
Gældende foranstaltninger:
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Ikke-EU-residenter må højst besidde en tredjedel af en virksomhed, der driver erhvervsfiskeri i Danmark.
Ikke-EU-residenter kan kun besidde fartøjer under dansk flag gennem en virksomhed, der er registreret som juridisk person i Danmark.
For at en virksomhed kan registrere sit fartøj som et dansk fiskerfartøj, skal mindst to tredjedele af ejerne af virksomheden være registreret som fiskere med fiskerilicens med A-status, eller to tredjedele af selskabets aktier skal være ejet af en anden virksomhed, som fuldt ud ejes af fiskere med licens med A-status.
For at få en fiskerilicens med A-status skal en fysisk person have boet i Danmark i to år forud for ansøgningen om at få udstedt licens eller have dansk statsborgerskab. Disse begrænsninger gælder ikke for personer i EU eller EØS-medlemsstaterne.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Danmark forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende sikkerhedskontrolvirksomhed i lufthavne.
Kun danske juridiske personer kan udføre vagt- og sikkerhedsvirksomhed i Danmark.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Ingen andre personer eller virksomheder (inkl. forsikringsselskaber) end forsikringsselskaber med særlig tilladelse efter dansk lovgivning eller med tilladelse udstedt af kompetente danske myndigheder, må i Danmark erhvervsmæssigt medvirke ved tegning af direkte forsikring af personer med bopæl i Danmark, af danske skibe eller af ejendom i Danmark.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Danmark forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Forbehold, der gælder i Estland
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
National behandling
Beskrivelse:
Investeringer
Kun en fysisk person, der er estisk statsborger eller statsborger i en EØS-medlemsstat, eller en juridisk person, der er opført i det relevante estiske register, kan erhverve fast ejendom, der anvendes for at opnå et overskud, dvs. arealanvendelseskategorier omfattende landbrugs- eller skovarealer, og kun med amtsmandens godkendelse.
Dette forbehold finder ikke anvendelse på erhvervelse af landbrugsjord eller skovarealer med henblik på levering af en tjenesteydelse, som er liberaliseret i henhold til denne aftale.
Gældende foranstaltninger:
Kinnisasja omandamise kitsendamise seadus (restriktioner på erhvervelse af fast ejendom), kapitel 2 og 3
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Estland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorpersonale.
Estland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af ledende personale og kontorpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Estland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
For modtagelse af indlån: krav om tilladelse fra Estlands finansielle tilsynsmyndighed og om registrering i henhold til estisk lov som aktieselskab, datterselskab eller filial.
Gældende foranstaltninger:
Krediidiasutuste seadus (lov om kreditinstitutter) § 20.6.
Sektor:
Transport
Delsektor:
Søtransport
Vejtransport
Jernbanetransport
Brancheklassifikation:
(Del af CPC 711, del af CPC 712 og del af CPC 721)
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Estland forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed et land indrømmes differentieret behandling i henhold til eksisterende eller fremtidige bilaterale aftaler om international vejtransport (herunder kombineret vejtransport/jernbanetransport), at reservere eller begrænse leveringen af transporttjenesteydelser til, i, gennem eller fra Estland til de kontraherende parter og køretøjer, der er registreret i hver enkelt kontraherende part, og at fastsætte bestemmelser om skattefritagelse for sådanne køretøjer.
Gældende foranstaltninger:
Forbehold, der gælder i Finland
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Restriktioner med hensyn til retten for fysiske personer, som ikke har regionalt borgerskab på Åland, og for juridiske personer til at erhverve og besidde fast ejendom på Ålandsøerne uden tilladelse fra de kompetente myndigheder på øerne.
Restriktioner med hensyn til etableringsretten og retten til at udføre økonomiske aktiviteter for fysiske personer, som ikke har regionalt borgerskab på Åland, eller for enhver virksomhed uden tilladelse fra de kompetente myndigheder på Ålandsøerne.
Gældende foranstaltninger:
Ahvenanmaan maanhankintalaki (lov om erhvervelse af jord på Ålandsøerne) (3/1975), s. 2
Ahvenanmaan itsehallintolaki (lov om Ålandsøernes autonomi ) (1144/1991), s. 11
Sektor:
Alle tjenesteydelser
Delsektor:
Elektroniske identifikationstjenester
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at kræve etablering i Finland, eller andre steder i EØS, for at udbyde elektroniske identifikationstjenester.
Gældende foranstaltninger:
Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä allekirjoituksista (lov om stærk elektronisk identifikation og elektroniske signaturer) 617/2009
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger truffet af Danmark, Sverige og Finland med henblik på nordisk samarbejde, herunder:
a)
finansiel støtte til FoU-projekter (Nordisk industrifond),
b)
støtte til gennemførlighedsundersøgelser vedrørende internationale projekter (Nordisk eksportprojektfond), og
c)
finansiel støtte til virksomheder
 (
4
)
, der anvender miljøteknologi (Nordisk miljøfinansieringsbureau).
Dette forbehold berører ikke udelukkelsen af en parts offentlige udbud, subsidier eller offentlige støtte til handel med tjenesteydelser som omhandlet i henholdsvis art. 8.15.5, litra a) og b), og art. 9.2.2, litra f) og g).
Gældende foranstaltninger:
Sektor:
Fremstilling af nukleart brændsel, elektricitet, gas- og vandforsyning
Delsektor:
Kerneenergiproduktion
Oparbejdning af nukleart materiale og brændsel
Transport eller håndtering af nukleart materiale
Brancheklassifikation:
ISIC rev. 3.1 233  og ISIC rev. 3.1 40
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende oparbejdning, distribution og transport af nukleart materiale og kerneenergiproduktion.
Gældende foranstaltninger:
Ydinenergialaki (lov om kerneenergi) (990/1987)
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Rekruttering af kontorpersonale og andet personale
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorpersonale.
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af ledende personale, kontorpersonale og andet personale.
Gældende foranstaltninger:
Lakijulkisesta työvoima- ja yrityspalvelusta (lov om offentlig ansættelse og virksomhedstjenester) (916/2012)
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Det er ikke tilladt for udenlandske leverandører at levere vagt- og sikkerhedsvirksomhed på tværs af grænserne.
Licenser til vagt- og sikkerhedsvirksomhed kan kun gives til fysiske personer med bopæl i EØS eller juridiske personer, der er etableret i EØS.
Gældende foranstaltninger:
Laki yksityisistä turvallisuuspalveluista (lov om privat vagt- og sikkerhedsvirksomhed) 282/2002
Sektor:
Distributionstjenester
Delsektor:
Distribution af alkoholiske drikkevarer
Brancheklassifikation:
CPC 62112, CPC 62226, CPC 63107 og CPC 8929
Forbeholdstype:
National behandling
Markedsadgang
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende distribution af alkoholiske drikkevarer.
Gældende foranstaltninger:
Alkoholilaki (lov om alkohol) (1143/1994)
Sektor:
Distributionstjenester
Delsektor:
Distribution af lægemidler
Brancheklassifikation:
CPC 62117, CPC 62251, CPC 63211 og CPC 8929
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende distribution af lægemidler.
Gældende foranstaltninger:
Lääkelaki (lov om lægemidler) (395/1987)
Sektor:
Energi
Delsektor:
Transmissions- og distributionsnet og -systemer.
Import samt engros- og detailsalg af elektricitet
Produktion og distribution af gas, damp og varmt vand
Brancheklassifikation:
ISIC rev. 3.1 40, CPC 7131 og CPC 887 (med undtagelse af rådgivning og konsulentvirksomhed)
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Præstationskrav
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende transmissions- og distributionsnet og -systemer for energi samt damp og varmt vand.
Finland forbeholder sig retten til at forhindre udenlandske personers eller virksomheders kontrol eller ejerskab af terminaler til flydende naturgas (LNG) (herunder de dele af LNG-terminaler, der benyttes til oplagring og forgasning af LNG) af hensyn til energisikkerheden.
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende import samt engros- og detailsalg af elektricitet.
Finland forbeholder sig retten til at indføre eller opretholde kvantitative begrænsninger i form af monopoler eller eksklusive rettigheder for import af naturgas og for produktion og distribution af damp og varmt vand.
I øjeblikket findes der naturlige monopoler og eksklusive rettigheder.
Gældende foranstaltninger:
Maakaasumarkkinalaki (lov om markedet for naturgas) (508/2000)
Sähkömarkkinalaki (lov om elektricitetsmarkedet) (386/1995)
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 921, CPC 922, CPC 923 og CPC 924
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansieret primær- og sekundærundervisning, privatfinansierede videregående uddannelser og privatfinansieret voksenundervisning.
Gældende foranstaltninger:
Perusopetuslaki (lov om grunduddannelse) (628/1998)
Lukiolaki (lov om almene gymnasier) (629/1998)
Laki ammatillisesta koulutuksesta (lov om erhvervsuddannelse) (630/1998)
Laki ammatillisesta aikuiskoulutuksesta (lov om voksenerhvervsuddannelse) (631/1998)
Ammattikorkeakoululaki (lov om polytekniske læreanstalter) (351/2003)
Yliopistolaki (lov om universiteter) (558/2009)
Sektor:
Sundhedsydelser
Delsektor:
Hospitalstjenester
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Sundhedsvæsen i øvrigt
Brancheklassifikation:
CPC 9311, CPC 93192, CPC 93193 og CPC 93199
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansierede hospitaler, privatfinansieret ambulancevirksomhed, privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed, og sundhedsvæsen i øvrigt.
Gældende foranstaltninger:
Laki yksityisestä terveydenhuollosta (lov om privat sundhedspleje) (152/1990)
Sektor:
Sundhedsydelser
Delsektor:
Sundhedsrelaterede erhverv:ydelser leveret af læger, tandlæger, jordemødre, fysioterapeuter, paramedicinsk personale og psykologer
Brancheklassifikation:
CPC 9312 og CPC 93191
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende fagfolks levering af alle sundhedsrelaterede ydelser, uanset om de er offentligt eller privat finansierede, herunder ydelser leveret af læger, tandlæger, jordemødre, fysioterapeuter, paramedicinsk personale og psykologer. Dette forbehold finder ikke anvendelse på ydelser leveret af sygeplejersker.
Gældende foranstaltninger:
Laki yksityisestä terveydenhuollosta (lov om privat sundhedspleje) (152/1990)
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger:
Laki yksityisistä sosiaalipalveluista (lov om private sociale tjenesteydere) (922/2011).
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Øverste ledelse og bestyrelse
Beskrivelse:
Finansielle tjenesteydelser
Forsikringsmæglervirksomhed er betinget af et fast forretningssted i EU.
Kun forsikringsvirksomheder med hovedsæde i EU eller filial i Finland må tilbyde direkte forsikring, herunder coassurance.
Mindst halvdelen af medlemmerne af bestyrelsen og tilsynsrådet og den administrerende direktør i et forsikringsselskab, der tilbyder lovpligtig pensionsforsikring, skal have bopæl i EØS, medmindre de kompetente myndigheder har givet dispensation. Filialer af udenlandske forsikringsvirksomheder i Finland kan ikke opnå tilladelse til at tilbyde lovpligtige sociale forsikringer. Mindst én revisor skal være bosiddende i EØS.
For andre forsikringsselskaber kræves der bopæl i EØS for mindst ét medlem af bestyrelsen og tilsynsrådet samt den administrerende direktør. Mindst én revisor skal være bosiddende i EØS.
Et canadisk forsikringsselskabs generalagent skal være bosiddende i Finland, medmindre selskabet har sit hovedsæde i EU.
Gældende foranstaltninger:
Laki ulkomaisista vakuutusyhtiöistä (lov om udenlandske forsikringsselskaber) (398/1995)
Vakuutusyhtiölaki (lov om forsikringsselskaber) (521/2008)
Laki vakuutusedustuksesta (lov om forsikringsformidling) (570/2005)
Laki työeläkevakuutusyhtiöistä (lov om selskaber, der tilbyder lovpligtig pensionsforsikring) (354/1997)
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Mindst halvdelen af stifterne, medlemmerne af direktionen, tilsynsrådet, den administrerende direktør for leverandøren af bankvirksomhed og den person, der er bemyndiget til at underskrive i kreditinstituttets navn, skal have fast bopæl i EØS. Mindst én revisor skal være bosiddende i EØS.
For betalingstjenester kan ophold eller bopæl i Finland være påkrævet.
Gældende foranstaltninger:
Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (lov om kommercielle banker og andre kreditinstitutter i form af aktieselskaber) (1501/2001)
Säästöpankkilaki (1502/2001) (lov om sparekasser)
Laki osuuspankeista ja muista osuuskuntamuotoisista luottolaitoksista (1504/2001) (lov om kooperative banker og andre kreditinstitutter i form af kooperative banker)
Laki hypoteekkiyhdistyksistä (936/1978) (lov om kreditforeninger)
Maksulaitoslaki (297/2010) (lov om betalingsinstitutter)
Laki ulkomaisen maksulaitoksen toiminnasta Suomessa (298/2010) (lov om udenlandske betalingsinstitutter i Finland)
Laki luottolaitostoiminnasta (lov om kreditinstitutter) (121/2007)
Sektor:
Transport
Delsektor:
Passager- eller godstransport med jernbane
Brancheklassifikation:
CPC 7111 og CPC 7112
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af jernbanetransport.
Med hensyn til passagertransport med jernbane er der på nuværende tidspunkt givet eksklusive rettigheder til VR-Group Ltd, der er 100 procent statsejet, indtil 2017 i hovedstadsområdet Helsingfors og indtil 2019 uden for dette område, og disse rettigheder kan fornyes.
Gældende foranstaltninger:
Rautatielaki (lov om jernbaner) (304/2011)
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer
Erhvervsfiskeri kan kun udøves af fartøjer, der fører finsk flag. Der kan gælde yderligere krav, bl.a. vedrørende ejendomsretten til fartøjet og en tilstrækkelig forbindelse til fiskeindustrien i Finland.
Gældende foranstaltninger:
Merilaki (søfartsloven) 674/1994
Kalastuslaki (fiskeriloven) 286/1982
Laki merellä toimivien kalastus- ja vesiviljelyalusten rekisteröinnistä (lov om registrering af søgående skibe, der beskæftiger sig med fiskeri og akvakultur) 690/2010
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Der kræves en tilladelse for at udøve vejtransportvirksomhed, og den omfatter ikke udenlandsk registrerede køretøjer.
Gældende foranstaltninger:
Laki kaupallisista tavarankuljetuksista tiellä (lov om kommerciel vejtransport) 693/2006
Ajoneuvolaki (lov om køretøjer) 1090/2002
Sektor:
Transport
Delsektor:
Søtransport
Vejtransport
Jernbanetransport
Brancheklassifikation:
(Del af CPC 711, del af CPC 712 og del af CPC 721)
Forbeholdstype:
Mestbegunstigelsesbehandling
Forpligtelser
Beskrivelse:
Investeringer, grænseoverskridende handel med tjenesteydelser og international søtransportydelser
Finland forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed et land indrømmes differentieret behandling i henhold til eksisterende eller fremtidige bilaterale aftaler, hvorefter skibe, der er registreret under udenlandsk flag fra et specifikt andet land, eller udenlandsk registrerede køretøjer fritages fra det generelle forbud mod at udbyde cabotagetransport (herunder kombineret vejtransport/jernbanetransport) i Finland på grundlag af gensidighed.
Gældende foranstaltninger:
Forbehold, der gælder i Frankrig
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Forskellige virksomhedstyper — i henhold til artikel L151-1 og R153-1 i loven om monetære og finansielle forhold skal udenlandske investeringer i Frankrig, jf. listen i artikel R153-2 i loven om monetære og finansielle forhold forhåndsgodkendes af økonomiministeren.
Gældende foranstaltninger:
Loven om monetære og finansielle forhold, artikel L151-1 og R153-1
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Foranstaltninger:
Beskrivelse:
Investeringer
Etableringsformer — Frankrig forbeholder sig retten til at begrænse udenlandsk deltagelse i nyligt privatiserede virksomheder til en varierende del, der fastsættes af den franske regering fra sag til sag, af den aktiekapital, der udbydes til offentligheden.
For etablering af visse former for handels-, industri- og håndværksvirksomhed kræves der en særlig tilladelse, hvis den administrerende direktør ikke har fast opholdstilladelse.
Gældende foranstaltninger
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer
Statsborgere fra ikke-EU-lande kan ikke etablere sig på statens kystområder for at drive fiske-, skaldyrs- eller algefarme.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Frankrig forbeholder sig retten til at begrænse antallet af udbydere af arbejdsformidling. Disse tjenesteydelser er underlagt et statsmonopol.
Frankrig forbeholder sig retten til at kræve etablering og til at forbyde grænseoverskridende rekruttering af kontorvikarpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Det er ikke tilladt for udenlandske leverandører at levere vagt- og sikkerhedsvirksomhed på tværs af grænserne.
Statsborgerskabskrav for administrerende direktører og direktører.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Forsikringskontrakter om risici i forbindelse med landtransport må kun indgås af forsikringsvirksomheder, der er etableret i EU.
Gældende foranstaltninger:
Art. L 310-10 du code des assurances
Sektor:
Sundhedsydelser
Delsektor:
Laboratorieanalyser og -undersøgelser
Brancheklassifikation:
Del af CPC 9311
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Frankrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede laboratorieanalyser og -undersøgelser.
Gældende foranstaltninger:
Art. L 6213-1 à 6213-6 du Code de la Santé Publique
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Frankrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Turistguidevirksomhed
Brancheklassifikation:
CPC 7472
Forbeholdstype:
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Frankrig forbeholder sig ret til at kræve statsborgerskab i en EU-medlemsstat for levering af turistguidevirksomhed på sit territorium.
Gældende foranstaltninger:
Ingen
Sektor:
Nyheds- og pressebureauer
Delsektor:
Brancheklassifikation:
CPC 962
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Den udenlandske deltagelse i eksisterende selskaber, der udgiver publikationer på fransk, må ikke overstige 20 % af kapitalen eller stemmerettighederne i selskabet.
Etablering af pressebureauer i Canada er underlagt betingelser, der er fastsat i den nationale lovgivning.
Udenlandske investorers etablering af pressebureauer er betinget af gensidighed.
Gældende foranstaltninger:
Ordonnance n
o
 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de presse
Loi n
o
 86-897 du 1 août 1986 portant réforme du régime juridique de la presse
Sektor:
Energi
Delsektor:
Transmissionssystemer til elektricitet og gas
Transport via olie- og gasrørledning
Brancheklassifikation:
ISIC rev. 3.1 401 , ISIC rev. 3.1 402 , CPC 7131 og CPC 887
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Frankrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende transmissionssystemer til elektricitet og gas samt transport via olie- og gasrørledning.
Kun virksomheder, hvor 100 procent af kapitalen indehaves af den franske stat, af en anden offentlig organisation eller af EDF, kan eje og drive transmissions- eller distributionssystemer til elektricitet.
Kun virksomheder, hvor 100 procent af kapitalen indehaves af den franske stat, af en anden offentlig organisation eller af GDF-Suez, kan eje og drive transmissions- eller distributionssystemer til gas af hensyn til den nationale energisikkerhed.
Gældende foranstaltninger:
Loi N
o
 2004-803 du 9 août 2004 relative au service public de l'électricité et du gaz et aux entreprises électriques et gazières
Loi N°2005-781 du 13 juillet 2005
Loi N°2000-108 du 10 février 2000
Sektor:
Elproduktion
Brancheklassifikation:
ISIC Rev. 3.1 4010
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Frankrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende elproduktion.
Gældende foranstaltninger:
Sektor:
Fremstilling, produktion, oparbejdning, distribution eller transport af nukleart materiale
Delsektor:
Kerneenergiproduktion
Oparbejdning af nukleart materiale og brændsel
Transport eller håndtering af nukleart materiale
Brancheklassifikation:
ISIC rev. 3.112, ISIC rev. 3.1 23, ISIC rev. 3.1 40
, 
ISIC rev. 3.11200, ISIC rev. 3.1 2330 og del af ISIC rev. 3.1 4010
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Fremstilling, produktion, oparbejdning, distribution eller transport af nukleart materiale skal være i overensstemmelse med forpligtelserne i samarbejdsaftalen mellem Euratom og Canada.
Gældende foranstaltninger:
Sektor:
Udlejning eller leasing uden betjeningspersonale
Delsektor:
Udlejning eller leasing uden betjeningspersonale i øvrigt
Brancheklassifikation:
CPC 832
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Frankrig forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende udlejning eller leasing uden betjeningspersonale i øvrigt.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Udenlandske investorer må ikke levere intercitybuskørsel.
Gældende foranstaltninger:
Forbehold, der gælder i Tyskland
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501 og 0502 samt CPC 882
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Størstedelen af aktierne skal ejes af statsborgere i en EU-medlemsstat eller af virksomheder, der er etableret i overensstemmelse med EU-reglerne, og som har deres hovedvirksomhed i en EU-medlemsstat. Fartøjerne skal anvendes og kontrolleres af personer, der er bosiddende i Tyskland.
For at opnå en fiskerilicens skal alle fiskerfartøjer registreres hos de relevante kyststater, hvor fartøjerne har deres hjemhavne.
Gældende foranstaltninger:
Sektor:
Tjenesteydelser på miljøområdet
Delsektor:
Affaldshåndtering: kloakvæsen, renovationsvæsen og renholdelse
Brancheklassifikation:
CPC 9401, CPC 9402 og CPC 9403
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende forbud mod grænseoverskridende levering af tjenesteydelser og krav om etablering, for så vidt angår affaldshåndtering, med undtagelse af rådgivning.
Tyskland forbeholder sig retten til at vedtage eller opretholde foranstaltninger vedrørende udpegning, etablering, udvidelse eller drift af monopoler eller eksklusive tjenesteydere inden for affaldshåndtering.
Gældende foranstaltninger:
Sektor:
Tjenesteydelser på miljøområdet
Delsektor:
Forvaltning af jord
Brancheklassifikation:
CPC 94060
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende forbud mod grænseoverskridende levering af tjenesteydelser og krav om etablering, for så vidt angår jordbeskyttelse og forvaltning af forurenet jord, med undtagelse af rådgivning.
Tyskland forbeholder sig retten til at vedtage eller opretholde foranstaltninger vedrørende udpegning, etablering, udvidelse eller drift af monopoler eller eksklusive tjenesteydere inden for forvaltning og beskyttelse af jord.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Kontrakter om obligatorisk flyforsikring må kun indgås af et datterselskab, der er etableret i EU, eller af en filial, der er etableret i Tyskland.
Gældende foranstaltninger:
§§ 105 ff »Versicherungsaufsichtsgesetz« (VAG), insbesondere § 105 Abs. 2 VAG: »Versicherungsunternehmen eines Drittstaates, die im Inland das Erst- oder Rückversicherungsgeschäft durch Mittelspersonen betreiben wollen, bedürfen der Erlaubnis.«
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Hvis et udenlandsk forsikringsselskab har etableret en filial i Tyskland, må det kun tegne forsikringskontrakter i Tyskland vedrørende international transport gennem den filial, der er etableret i Tyskland.
Gældende foranstaltninger:
§ 43 Abs. 2 Luftverkehrsgesetz (LuftVG) und § 105 Abs. 1 Luftverkehrszulassungsordnung (LuftVZO)
Sektor:
Andre forretningstjenesteydelser
Delsektor:
Arbejdsformidling og rekruttering
Brancheklassifikation:
CPC 87201, CPC 87202, CPC 87203, CPC 87204, CPC 87205, CPC 87206 og CPC 87209
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af ledende personale og andet personale.
Tyskland forbeholder sig retten til at begrænse antallet af udbydere af arbejdsformidling. Tilladelse er underlagt en økonomisk behovsprøve. Hovedkriterier: Situationen på arbejdsmarkedet og dets udvikling.
Tyskland forbeholder sig retten til at indføre eller opretholde et monopol for arbejdsformidlingen på forbundsstatsplan (
Bundesagentur für Arbeit
). I henhold til paragraf 292 i sociallovbogen III (
Drittes Buch Sozialgesetzbuch
 — 
SGB III
) kan forbundsministeriet for beskæftigelse og sociale anliggender udstede en forordning om formidling og rekruttering af personale fra ikke-EU-lande og ikke-EØS-lande for specifikke erhverv.
Gældende foranstaltninger:
§ 292 i sociallovbogen III (Drittes Buch Sozialgesetzbuch)
Sektor:
Sundheds- og socialvæsen
Delsektor:
Brancheklassifikation:
CPC 93
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende Tysklands sociale sikringsordning, som indebærer, at tjenesteydelser kan leveres af forskellige virksomheder eller enheder i en konkurrencesituation og således ikke er tjenesteydelser, som udelukkende leveres under udøvelse af offentlig myndighed. Tyskland forbeholder sig retten til at give en bedre behandling inden for rammerne af en bilateral handelsaftale, for så vidt angår sundheds- og socialvæsen.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende Tysklands sociale sikringsordning, som indebærer, at tjenesteydelser kan leveres af forskellige virksomheder eller enheder i en konkurrencesituation og således muligvis ikke kan defineres som 
tjenesteydelser, som udelukkende leveres under udøvelse af offentlig myndighed.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Hospitalstjenester
Brancheklassifikation:
CPC 93110
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Tyskland forbeholder sig retten til at opretholde nødvendigt nationalt ejerskab af privatfinansierede hospitaler, som drives af de tyske styrker. Tyskland forbeholder sig retten til at nationalisere andre centrale privatfinansierede hospitaler.
Gældende foranstaltninger:
Sektor:
Fritids- og sportsaktiviteter samt kulturelle aktiviteter
Delsektor:
Forlystelsesvirksomhed, herunder teater, levende musik og cirkus
Biblioteker, arkiver, museer og anden kulturel virksomhed
Brancheklassifikation:
CPC 96, med undtagelse af CPC 962 og CPC 964 og audiovisuelle tjenester
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende forbud mod grænseoverskridende levering af tjenesteydelser, uanset deres produktions-, distributions- eller transmissionsform, og krav om etablering, for så vidt angår forlystelsesvirksomhed med undtagelse af audiovisuelle tjenester, som ikke er omfattet af liberalisering i henhold til denne aftale.
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende biblioteker, arkiver, museer og anden kulturel virksomhed.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Kerneenergiproduktion
Oparbejdning af nukleart materiale og brændsel
Transport eller håndtering af nukleart materiale
Brancheklassifikation:
ISIC rev. 3.1 120 , ISIC rev. 3.1 40 og CPC 887
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende oparbejdning eller transport af nukleart materiale og kerneenergiproduktion.
Gældende foranstaltninger:
Sektor:
Leje eller leasing af fartøjer
Delsektor:
Brancheklassifikation:
CPC 7213, CPC 7223 og CPC 83103
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Udenlandske skibe, der indchartres af forbrugere med bopæl i Tyskland, kan være omfattet af et krav om gensidighed.
Gældende foranstaltninger:
Sektor:
Andre tjenesteydelser, i.a.n.
Delsektor:
Tjenesteydelser i tilknytning til begravelsesvæsen, krematorier og bedemandsvirksomhed
Brancheklassifikation:
CPC 9703
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tyskland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tjenesteydelser i tilknytning til begravelsesvæsen, krematorier og bedemandsvirksomhed. Kun juridiske personer, der er etableret i henhold til offentlig ret kan drive en kirkegård. Oprettelse og drift af kirkegårde og tjenesteydelser i forbindelse med begravelsesvæsen leveres som offentlige tjenesteydelser.
Gældende foranstaltninger:
Forbehold, der gælder i Grækenland
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Grækenland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Forbehold, der gælder i Ungarn
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende erhvervelse af statsejet ejendom.
Gældende foranstaltninger:
Sektor:
Alle sektorer
Delsektor:
Retlige enheder
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Foranstaltninger:
Beskrivelse:
Investeringer
Forretningsmæssig tilstedeværelse bør antage form af selskab med begrænset ansvar, aktieselskab eller repræsentationskontor. Start som filial er ikke tilladt, undtagen for finansielle tjenesteydelser.
Gældende foranstaltninger:
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af landbrugsjord
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende udenlandske juridiske personers og ikke-hjemmehørende fysiske personers erhvervelse af landbrugsjord, herunder med hensyn til godkendelsesproceduren for erhvervelse af landbrugsjord.
Gældende foranstaltninger:
Lov CXXII af 2013 om handel med landbrugs- og skovbrugsjord
Lov CCXXII af 2013 om fastsættelse af visse bestemmelser og overgangsregler i forbindelse med lov nr. CXXII af 2013 om handel med landbrugs- og skovbrugsjord
Sektor:
Landbrug
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 011 , ISIC rev. 3.1 012 , ISIC rev. 3.1 013 , ISIC rev. 3.1 014  og ISIC rev. 3.1 015  (med undtagelse af rådgivning og konsulentvirksomhed)
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende landbrug.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Regnskabstjenester, bogføring og revision
Brancheklassifikation:
CPC 86211, CPC 86212 og CPC 86220
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende regnskabstjenester, bogføring og revision.
Gældende foranstaltninger:
Lov C fra 2000 og lov LXXV fra 2007
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med fast ejendom
Brancheklassifikation:
CPC 821 og CPC 822
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af tjenesteydelser i forbindelse med fast ejendom.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Tjenesteydelser i tilknytning til fremstillingsvirksomhed
Tjenesteydelser i tilknytning til energidistribution
Brancheklassifikation:
Del af CPC 884 og CPC 887 (med undtagelse af rådgivning og konsulentvirksomhed)
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tjenesteydelser i tilknytning til energidistribution og grænseoverskridende levering af tjenesteydelser i tilknytning til fremstillingsvirksomhed med undtagelse af rådgivning og konsulentbistand i forbindelse med disse sektorer.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87304 og CPC 87305
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende sikkerhedstransport og vagtvirksomhed.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Kopieringsvirksomhed
Brancheklassifikation:
CPC 87904
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ungarn forbeholder sig retten til at kræve etablering for levering af kopieringsvirksomhed.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Levering af direkte forsikring på Ungarns territorium af forsikringsselskaber, der ikke er etableret i EU, er kun tilladt gennem en filial, der er registreret i Ungarn.
Gældende foranstaltninger:
Lov LX fra 2003
Sektor:
Sundhedsydelser
Delsektor:
Hospitaler, ambulancevirksomhed og behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 9311, CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger, der kræver oprettelse eller fysisk tilstedeværelse på sit territorium af leverandører og begrænser grænseoverskridende levering fra et sted uden for landets territorium af al hospitalsvirksomhed, alle ambulancetjenester og alle tjenesteydelser i tilknytning til behandlingshjem, undtagen hospitalsvirksomhed, der modtager offentlig støtte.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger:
Sektor:
Fritids-, kultur- og sportsagenturer
Delsektor:
Nyheds- og pressebureauer
Brancheklassifikation:
CPC 962
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende nyheds- og pressebureauer.
Gældende foranstaltninger:
Ingen
Sektor:
Elektricitetsproduktion samt gas- og vandforsyning
Delsektor:
Kerneenergiproduktion
Oparbejdning af nukleart brændsel
Brancheklassifikation:
ISIC rev. 3.1 2330 og del af ISIC rev. 3.1 4010
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Ungarn forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende oparbejdning af nukleart brændsel og kerneenergiproduktion.
Gældende foranstaltninger:
Lov nr. CXVI fra 1996 om kerneenergi og regeringsdekret nr. 72/2000 om kerneenergi
Sektor:
Energitjenester
Delsektor:
Rørledningstransport af brændstoffer
Brancheklassifikation:
CPC 7131
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Tjenesteydelser i tilknytning til rørledningstransport kræver etablering.
Tjenesteydelser kan leveres på grundlag af en koncessionskontrakt udstedt af de statslige eller lokale myndigheder. Leveringen af disse tjenesteydelser er reguleret ved den ungarske koncessionslovgivning.
Gældende foranstaltninger:
Lov XVI fra 1991 om koncessioner
Forbehold, der gælder i Irland
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Irland forbeholder sig retten til at kræve etablering og til at forbyde grænseoverskridende rekruttering af ledende personale.
Irland forbeholder sig retten til at kræve etablering og til at forbyde grænseoverskridende rekruttering af kontorvikarpersonale.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Irland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring
Brancheklassifikation:
CPC 7121 og CPC 7122
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Økonomisk behovsprøve for intercitybuskørsel. Hovedkriterier: de eksisterende operatørers antal og betydning, befolkningstætheden, den geografiske spredning, de trafikale forhold og skabelsen af nye arbejdspladser.
Gældende foranstaltninger:
Public Transport Regulation Act 2009 (Forordning om offentlig transport fra 2009)
Forbehold, der gælder i Italien
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Staten kan udøve visse særlige beføjelser i forbindelse med virksomheder, der opererer inden for forsvar og national sikkerhed, og i forbindelse med visse aktiviteter af strategisk betydning inden for energi, transport og kommunikation. Dette vedrører alle juridiske personer, der udfører aktiviteter, som anses for at være af strategisk betydning inden for forsvar og national sikkerhed, og ikke kun privatiserede virksomheder.
Hvis der er trussel om alvorlig skade for de væsentlige interesser vedrørende forsvar og national sikkerhed, har regeringen følgende særlige beføjelser:
a)
at indføre særlige betingelser i forbindelse med køb af aktier
b)
at nedlægge veto mod vedtagelsen af resolutioner om særlige operationer såsom overførsler, fusioner, opdelinger og skift af aktivitet eller
c)
at afvise erhvervelsen af aktier, hvis køberen ønsker at opnå en kapitaldeltagelse, som kan formodes at skade interesserne vedrørende forsvar og national sikkerhed.
Den pågældende virksomhed giver premierministerens kontor meddelelse om enhver beslutning, handling og transaktion (overførsler, fusioner, opdelinger, skift af aktivitet og ophør), som vedrører strategiske aktiver inden for energi, transport og kommunikation. Navnlig skal der gives meddelelse om erhvervelser foretaget af en fysisk eller juridisk person uden for EU, som giver vedkommende kontrol med virksomheden.
Premierministeren kan udøve følgende særlige beføjelser:
a)
nedlæggelse af veto mod enhver beslutning, handling og transaktion, som udgør en særlig fare for alvorlig skade for de offentlige interesser med hensyn til sikkerhed og drift af net og forsyninger
b)
indførelse af særlige betingelser for at sikre de offentlige interesser eller
c)
afvisning af en erhvervelse i ekstraordinære tilfælde, hvor der er risiko for statens væsentlige interesser.
Kriterierne for at vurdere den reelle eller ekstraordinære trussel samt betingelser og procedurer for udøvelsen af de særlige beføjelser er fastsat i lovgivningen.
Gældende foranstaltninger:
Lov nr. 56/2012 om særlige beføjelser i virksomheder, der beskæftiger sig med forsvar og national sikkerhed, energi, transport og kommunikation
Premierministerens dekret DPCM 253 af 30.11.2012, der definerer aktiviteterne af strategisk betydning inden for forsvar og national sikkerhed
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Fiskeri i italiensk territorialfarvand er forbeholdt fartøjer under italiensk flag.
Gældende foranstaltninger:
Kongeligt dekret 327/1942 (ændret ved lov 222/2007), artikel 143 og artikel 221 (søloven)
Sektor:
Forretningstjenesteydelser
Delsektor:
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Italien forbeholder sig retten til at kræve etablering og til at forbyde grænseoverskridende rekruttering af kontorvikarpersonale.
Italien forbeholder sig retten til at begrænse antallet af udbydere af arbejdsformidling og rekruttering af kontorvikarpersonale.
Gældende foranstaltninger:
Lovdekret 276/2003, artikel 4 og 5
Sektor:
Undervisning
Delsektor:
Primærundervisning
Sekundærundervisning
Videregående uddannelser
Brancheklassifikation:
CPC 921, CPC 922 og CPC 923
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Italien forbeholder sig retten til at kræve etablering og begrænse grænseoverskridende levering af privatfinansieret primær- og sekundærundervisning.
Gældende foranstaltninger:
Kongeligt dekret 1592/1933 (lov om sekundærundervisning)
Lov 243/1991 (lejlighedsvise offentlige tilskud til private universiteter)
Resolution 20/2003 fra CNVSU (Comitato nazionale per la valutazione del sistema universitario)
Dekret fra republikkens præsident (DRP) 25/1998
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Italien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende de aktiviteter, der udføres af 
»promotori di servizi finanziari«.
Gældende foranstaltninger:
Artikel 91-111 i Consob-forordningen om mæglere (nr. 16190 af 29. oktober 2007)
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Kontrakter om transportforsikring af gods, køretøjsforsikring og ansvarsforsikring for risici beliggende i Italien må kun indgås af forsikringsvirksomheder etableret i EU, undtagen for international transport omfattende import til Italien.
Gældende foranstaltninger:
Artikel 29 i loven om privat forsikring (lovdekret nr. 209 af 7. september 2005)
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Italien forbeholder sig retten til at indføre eller opretholde foranstaltninger, der kræver etablering og begrænser den grænseoverskridende levering af aktuarvirksomhed.
Gældende foranstaltninger:
Lov 194/1942 om aktuarerhvervet
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Italien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Lov 833/1978 om det offentlige sundhedssystem
Lovdekret nr. 502/1992 om tilrettelæggelse af sundhedsvæsenet
Lov nr. 328/2000 om reform af sociale tjenesteydelser
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Økonomisk behovsprøve for limousinekørsel. Hovedkriterier: de eksisterende operatørers antal og betydning, befolkningstætheden, den geografiske spredning, de trafikale forhold og skabelsen af nye arbejdspladser.
Økonomisk behovsprøve for intercitybuskørsel. Hovedkriterier: de eksisterende operatørers antal og betydning, befolkningstætheden, den geografiske spredning, de trafikale forhold og skabelsen af nye arbejdspladser.
Økonomisk behovsprøve for godstransportvirksomhed. Hovedkriterier: lokal efterspørgsel.
Gældende foranstaltninger:
Lovdekret 285/1992 (færdselsreglerne med senere ændringer), art. 85
Lovdekret 395/2000, art. 8 (vejtransport af passagerer)
Lov 21/1992 (rammelov om offentlig vejtransport af passagerer — ikke rutefart)
Lov 218/2003, art. 1 (transport af passagerer i lejede busser med chauffør)
Lov 151/1981 (rammelov om offentlig personbefordring)
Forbehold, der gælder i Letland
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af landbrugsjord
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer
Letland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende canadiske eller tredjelandsstatsborgeres erhvervelse af landbrugsjord, herunder med hensyn til godkendelsesproceduren for erhvervelse af landbrugsjord.
Gældende foranstaltninger:
Lov om privatisering af jord i landområder, ff. 28, 29 og 30.
Sektor:
Dyrlægevirksomhed
Delsektor:
Brancheklassifikation:
CPC 932
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Letland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende dyrlægevirksomhed.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Letland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af ledende personale, arbejdsformidling og rekruttering af kontorvikarpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Letland forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Der kræves en tilladelse for at levere passager- og godstransportvirksomhed, og den omfatter ikke udenlandsk registrerede køretøjer.
Etablerede enheder skal benytte nationalt registrerede køretøjer.
Gældende foranstaltninger:
Forbehold, der gælder i Litauen
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Mestbegunstigelsesbehandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Litauen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende virksomheder af strategisk betydning for den nationale sikkerhed, som skal tilhøre staten gennem ejendomsretten (andel af kapitalen, som kan indehaves af private nationale eller udenlandske personer i overensstemmelse med nationale sikkerhedsinteresser, procedurer og kriterier for konstatering af, hvorvidt potentielle nationale investorer og potentielle indehavere af virksomheder overholder reglerne, osv.).
Gældende foranstaltninger:
Lov om virksomheder og faciliteter af strategisk betydning for den nationale sikkerhed og andre virksomheder af betydning for Republikken Litauens nationale sikkerhed af 21. juli 2009 nr. XI-375.
Sektor:
Alle sektorer
Delsektor:
Køb af jord
Brancheklassifikation:
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Litauen forbeholder sig retten til at indføre eller opretholde foranstaltninger, der er i overensstemmelse med de forpligtelser, der er indgået af EU, og som finder anvendelse i Litauen, i den almindelige overenskomst om handel med tjenesteydelser (GATS) med hensyn til erhvervelse af jord. Procedurerne, vilkårene og betingelserne samt begrænsningerne for køb af jord er fastsat i forfatningen, loven om jord og loven om erhvervelse af landbrugsjord.
Lokale myndigheder (kommuner) og andre nationale enheder i medlemmer af Organisationen for Økonomisk Samarbejde og Udvikling samt Den Nordatlantiske Traktats Organisation med økonomiske aktiviteter i Litauen, der er specificeret i forfatningen i overensstemmelse med kriterierne for europæisk eller anden integration, som Litauen har forpligtet sig til, har dog retten til at købe og eje ikke-landbrugsjord, der er nødvendig til opførelse og drift af de bygninger og anlæg, som er nødvendige for deres direkte aktiviteter.
Gældende foranstaltninger:
Republikken Litauens forfatning
Bestemmelserne i Litauens forfatning om gennemførelsen af artikel 47, stk. 3, i Republikken Litauens forfatning af 20. juni 1996, nr. I-1392, som senest ændret den 20. marts 2003, nr. IX-1381
Lov om jord af 27. januar 2004, nr. IX-1983
Lov om erhvervelse af jord af 24. april 2014, nr. XII-854
Sektor:
Forretningstjenesteydelser
Delsektor:
Juridiske tjenesteydelser
Brancheklassifikation:
Del af CPC 861
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Udenlandske advokater har kun møderet i Litauen i henhold til bilaterale aftaler om juridisk bistand.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Litauen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende rekruttering af ledende personale, arbejdsformidling og rekruttering af kontorpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Litauen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Detektivtjenester
Brancheklassifikation:
CPC 87301
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
I Litauen er detektivtjenester et monopol, der er forbeholdt staten.
Gældende foranstaltninger:
Sektor:
Turisme og rejserelaterede tjenesteydelser
Delsektor:
Turistguidevirksomhed
Brancheklassifikation:
CPC 7472
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
For så vidt, at Canada og landets provinser og territorier tillader statsborgere i Litauen at levere turistguidevirksomhed, vil Litauen tillade statsborgere i Canada at levere turistguidevirksomhed på samme betingelser.
Gældende foranstaltninger:
Sektor:
Telekommunikation
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Den statslige virksomhed »Infostruktura« har eneret til at levere følgende tjenesteydelser: dataoverførsel gennem sikre statslige datatransmissionsnet, tildeling af internetadresser, som slutter med »gov.lt«, og certificering af elektroniske kasseapparater.
Gældende foranstaltninger:
Regeringens resolution af 28. maj 2002 nr. 756 om godkendelse af standardproceduren for fastsættelse af priser og takster for varer og tjenesteydelser med monopolistisk karakter ydet af statsejede virksomheder og offentlige institutioner, der er etableret af ministerier, statslige institutioner og amtmænd og tildelt disse.
Sektor:
Bygge- og anlægstjenester
Delsektor:
Brancheklassifikation:
CPC 51
Forbeholdstype:
Markedsadgang
Foranstaltninger:
Republikken Litauens lov om bygge- og anlægsvirksomhed af 19. marts 1996 nr. I-1240
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Retten til at udarbejde teknisk dokumentation for bygge- og anlægsarbejder af særlig betydning er forbeholdt arkitektvirksomheder, der er registreret i Litauen, eller udenlandske arkitektvirksomheder, som er blevet godkendt af en institution, som af regeringen er godkendt til sådanne aktiviteter. Retten til at udføre tekniske aktiviteter på de vigtigste områder inden for bygge- og anlægsvirksomhed kan gives til ikke-litauiske personer, der er blevet godkendt af en institution, som er bemyndiget af regeringen i Litauen.
Gældende foranstaltninger:
Republikken Litauens lov om bygge- og anlægsvirksomhed af 19. marts 1996 nr. I-1240
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Litauen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af alle sociale tjenesteydelser, der modtager offentlig støtte eller statsstøtte i en hvilken som helst form og derfor ikke kan anses for at være privatfinansieret.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Øverste ledelse og bestyrelse
National behandling
Foranstaltninger:
Republikken Litauens lov om banker af 30. marts 2004 nr. IX-2085
Republikken Litauens lov om institutter for kollektive investeringer af 4. juli 2003 nr. IX-1709
Republikken Litauens lov om frivillige supplerende pensionsordninger af 3. juni 1999 nr. VIII-1212
Beskrivelse:
Finansielle tjenesteydelser
Til forvaltningen af aktiver skal der etableres et specialiseret administrationsselskab (ingen filialer).
Kun banker, der har deres vedtægtsmæssige hjemsted eller en filial i Litauen, kan fungere som depositarer for investeringsinstitutters aktiver.
Kun banker, der har deres vedtægtsmæssige hjemsted eller en filial i Litauen, og som har tilladelse til at levere investeringsservice i EU-medlemsstaterne eller EØS-medlemsstaterne, kan fungere som depositarer for investeringsinstitutters aktiver.
Mindst én af de ledende ansatte i en banks administration skal kunne tale litauisk og have fast bopæl i Litauen.
Gældende foranstaltninger:
Sektor:
Energitjenester
Delsektor:
Rørledningstransport af brændstoffer
Brancheklassifikation:
CPC 7131
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Litauen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende rørledningstransport af brændstoffer.
Gældende foranstaltninger:
Republikken Litauens lov om naturgas af 10. oktober 2000 nr. VIII-1973
Sektor:
Energi
Delsektor:
Lager- og pakhusvirksomhed for brændstoffer, der transporteres ad rørledning
Brancheklassifikation:
ISIC rev. 3.1 402  og CPC 742
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Litauen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende hjælpetjenesteydelser for rørledningstransport af andre varer end brændstoffer.
Gældende foranstaltninger:
Republikken Litauens lov om naturgas af 10. oktober 2000 nr. VIII-1973 (artikel 10.8)
Sektor:
Forretningstjenesteydelser
Hjælpetjenesteydelser til søtransport, transport ad indre vandveje samt jernbane- og lufttransport
Delsektor:
Vedligeholdelse og reparation af fartøjer, jernbanetransportudstyr og luftfartøjer samt dele dertil
Brancheklassifikation:
CPC 86764, CPC 86769 og del af CPC 8868
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
I Litauen er vedligeholdelse og reparation af jernbanetransportudstyr underlagt et statsmonopol.
Gældende foranstaltninger:
Sektor:
Vejtransport
Delsektor:
Brancheklassifikation:
CPC 7121, CPC 7122 og CPC 7123
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der træffes inden for rammerne af bilaterale aftaler, og som regulerer transporttjenesteydelser og specificerer driftsbetingelser, herunder bilateral transit og andre transporttilladelser for transporttjenesteydelser i, til, gennem eller fra Litauen til de kontraherende parter, samt vejafgifter og skatter.
Gældende foranstaltninger:
Forbehold, der gælder i Malta
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
I forbindelse med registrering og godkendelse af et fiskerfartøj kræves det, at ejeren eller fartøjsføreren er bosiddende i Malta i overensstemmelse med bestemmelserne i loven om (udlændinges erhvervelse af) fast ejendom.
Gældende foranstaltninger:
Art. 5 of Subsidiary Legislation 425.07 on Fishing Vessels Regulations (Art. 5 i de administrative bestemmelser (425.07) til forordningerne om fiskerfartøjer)
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Malta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorpersonale.
Malta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af ledende personale og kontorpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Malta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 921, CPC 922, CPC 923 og CPC 924
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Malta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansieret primær- og sekundærundervisning, privatfinansierede videregående uddannelser og privatfinansieret voksenundervisning.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Hospitalstjenester
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 9311, CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Malta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansierede hospitaler, privatfinansieret ambulancevirksomhed og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Sundhedsrelaterede ydelser leveret af fagfolk: ydelser leveret af læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter, paramedicinsk personale og psykologer
Brancheklassifikation:
CPC 9312 og del af CPC 9319
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Dette forbehold gælder for fagfolks levering af alle sundhedsrelaterede ydelser, herunder ydelser leveret af fagfolk såsom læger, tandlæger, jordemødre, sygeplejersker, fysioterapeuter og paramedicinsk personale og psykologer. I Malta kan disse tjenesteydelser kun leveres af statsborgere i en EU-medlemsstat, der har forudgående tilladelse, og kan gøres til genstand for en økonomisk behovstest.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Malta forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger:
Sektor:
Transporttjenester
Delsektor:
Vejtransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Personbefordring med bus: Hele nettet er genstand for en koncession, som omfatter en forpligtelse til offentlig tjeneste for at dække behovene i visse sociale sektorer (f.eks. studerende og ældre).
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Skibsfart
Hjælpetjenesteydelser i forbindelse med skibsfart
Brancheklassifikation:
CPC 7213, CPC 7214, del af CPC 742, CPC 745 og del af CPC 749
Forbeholdstype:
Markedsadgang
Forpligtelser
Beskrivelse:
Investeringer, grænseoverskridende handel med tjenesteydelser og international søtransportydelser
Maltas maritime forbindelse til det kontinentale Europa gennem Italien er genstand for enerettigheder.
Gældende foranstaltninger:
Forbehold, der gælder i Nederlandene
Sektor:
Forretningstjenesteydelser
Delsektor:
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87203
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Nederlandene forbeholder sig retten til at kræve etablering og til at forbyde grænseoverskridende rekruttering af kontorvikarpersonale.
Gældende foranstaltninger:
Forbehold, der gælder i Polen
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Anvendelsesområdet for gunstige betingelser for etablering eller grænseoverskridende levering af tjenesteydelser, som kan omfatte afskaffelse eller ændring af visse restriktioner, der findes på den liste over forbehold, der gælder i Polen, kan udvides gennem handels- og skibsfartsaftaler.
Gældende foranstaltninger:
Sektor:
Fiskeri
Akvakultur
Tjenesteydelser i tilknytning til fiskeri
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 0501, ISIC rev. 3.1 0502 og CPC 882
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Polen forbeholder sig retten til at indføre eller opretholde foranstaltninger, hvormed der indrømmes differentieret behandling af tjenesteydelser og leverandører af tjenesteydelser fra bestemte lande i henhold til gældende eller fremtidige bilaterale aftaler vedrørende fiskeri i det geografiske område for fiskeri, der henhører under kompetencen for de pågældende lande, i overensstemmelse med internationale bevarelsesmetoder og -politikker eller fiskeriaftaler, navnlig i Østersøen.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Polen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorvikarpersonale.
Polen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende rekruttering af ledende personale og kontorpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Polen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Ambulancetjenester
Brancheklassifikation:
CPC 93192
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Polen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af ambulancetjenester.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Polen forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Alle passager- og godstransporttjenesteydelser, undtagen søtransport
Brancheklassifikation:
(Del af CPC 711, del af CPC 712 og del af CPC 722)
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
I det omfang, at Canada og landets provinser og territorier tillader polske leverandører af passager- og godstransporttjenesteydelser at levere transporttjenesteydelser i og gennem Canadas territorium, vil Polen tillade canadiske leverandører af passager- og godstransporttjenesteydelser at levere transporttjenesteydelser i og gennem Polens territorium på samme betingelser.
Gældende foranstaltninger:
Forbehold, der gælder i Portugal
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Portugal forbeholder sig retten til at give afkald på krav om statsborgerskab for udøvelse af visse aktiviteter og erhverv for fysiske personer, der leverer tjenesteydelser til lande, hvor portugisisk er det officielle sprog (Angola, Brasilien, Kap Verde, Guinea-Bissau, Mozambique og São Tomé og Principe).
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og CPC 86212 (med undtagelse af regnskabsvæsen)
Forbeholdstype:
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Portugal forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af revision.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Portugal forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorvikarpersonale.
Portugal forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende rekruttering af ledende personale og kontorvikarpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Det er ikke tilladt for udenlandske leverandører at levere vagt- og sikkerhedsvirksomhed på tværs af grænserne.
Statsborgerskabskrav for specialiseret personale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Detektivtjenester
Brancheklassifikation:
CPC 87301
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
I Portugal er detektivtjenester et monopol, der er forbeholdt staten.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Kontrakter om forsikring af luft- og søtransport af gods samt fly-, skrog- og ansvarsforsikring må kun tegnes af virksomheder, der er etableret i EU.
Kun personer eller virksomheder etableret i EU kan optræde som mæglere for sådan forsikringsvirksomhed i Portugal.
Gældende foranstaltninger:
Art. 7 i lovdekret 94-B/98 og art. 7 i lovdekret 144/2006
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Portugal forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Elektricitet, naturgas, råolie eller olieprodukter
Brancheklassifikation:
ISIC rev. 3.1 232 , ISIC rev. 3.1 4010, ISIC rev. 3.1 4020, CPC 7131, CPC 7422 og CPC 887 (med undtagelse af rådgivning og konsulentvirksomhed)
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Portugal forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende produktion, transmission og distribution af elektricitet, produktion af gas, rørledningstransport af brændstoffer, engroshandel med elektricitet, detailhandel med elektricitet og gas (ikke flaskeglas) og tjenesteydelser i tilknytning elektricitets- og naturgasdistribution.
Portugal forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af lager- og pakhusvirksomhed for brændstoffer, der transporteres ad rørledning (naturgas).
Elektricitetstransmission og -distribution sker på grundlag af eksklusive koncessionskontrakter om offentlige tjenesteydelser.
Koncessioner vedrørende transmission, distribution og underjordisk oplagring af naturgas samt LNG-terminaler til modtagelse, oplagring og forgasning tildeles på grundlag af koncessionskontrakter efter offentlige udbud.
Disse koncessioner for el- og gassektoren tildeles kun aktieselskaber med hovedkvarter og den faktiske ledelse i Portugal.
Gældende foranstaltninger:
Lovdekret 230/2012 og lovdekret 231/2012, 26. oktober — naturgas
Lovdekret 215-A/2012 og lovdekret 215-B/2012, 8. oktober — elektricitet
Lovdekret 31/2006, 15. februar — råolie/olieprodukter
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Der foretages en økonomisk behovsprøve i forbindelse med limousinekørsel (passagerbefordring). Hovedkriterier: de eksisterende operatørers antal og betydning, befolkningstætheden, den geografiske spredning, de trafikale forhold og skabelsen af nye arbejdspladser.
Gældende foranstaltninger:
Sektor:
Anden servicevirksomhed
Delsektor:
Tjenesteydelser i tilknytning til begravelsesvæsen, krematorier og bedemandsvirksomhed
Brancheklassifikation:
CPC 97030
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Portugal forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tjenesteydelser i tilknytning til begravelsesvæsen, krematorier og bedemandsvirksomhed. Privat forvaltning og drift af kirkegårde sker i henhold til en offentlig koncession.
Gældende foranstaltninger:
Lovdekret 109/2010, 14. oktober 2010
Lov 13/2011, 29. april 2011
Forbehold, der gælder i Rumænien
Sektor:
Forretningstjenesteydelser
Delsektor:
Forsknings- og udviklingsvirksomhed
Brancheklassifikation:
CPC 851, CPC 852 og CPC 853
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Rumænien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af forsknings- og udviklingsvirksomhed.
Gældende foranstaltninger:
Regeringsbekendtgørelse nr. 6/2011
Bekendtgørelse fra ministeren for undervisning og forskning nr. 3548/2006
Regeringsbekendtgørelse nr. 134/2011
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Rumænien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorvikarpersonale.
Rumænien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende rekruttering af ledende personale og kontorvikarpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Rumænien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 921, CPC 922, CPC 923 og CPC 924
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Rumænien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansieret primær- og sekundærundervisning, privatfinansierede videregående uddannelser og privatfinansieret voksenundervisning.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Rumænien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger:
Forbehold, der gælder i Slovakiet
Sektor:
Alle sektorer
Delsektor:
Erhvervelse af fast ejendom
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer
Udenlandske virksomheder eller fysiske personer må ikke erhverve land- eller skovarealer uden for kommuners bebyggede områder og visse andre arealer (f.eks. naturressourcer, søer, floder, offentlige veje osv.)
Gældende foranstaltninger:
Lov 202/1995, loven om udenlandsk valuta, art. 19
Lov 229/1991 om lovene om tilpasning af ejerskabsforholdene for jord
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Slovakiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorvikarpersonale.
Slovakiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende rekruttering af ledende personale og kontorvikarpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Slovakiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 921, CPC 922 og CPC 923 med undtagelse af CPC 92310 og CPC 924
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
EØS-bopælskrav for leverandører af al privatfinansieret undervisning, undtagen teknisk og erhvervsfaglig videregående undervisning.
Eventuel anvendelse af økonomisk behovstest — antallet af skoler, der oprettes, kan begrænses af de lokale myndigheder.
I Slovakiet skal flertallet af medlemmerne af bestyrelsen for en institution, der tilbyder undervisning, være statsborgere i Slovakiet.
Gældende foranstaltninger:
Lov 245/2008 om uddannelse
Lov 131/2002 om universiteter, artikel 2, 47 og 49a
Lov 596/2003 om statsforvaltning inden for uddannelse, artikel 16
Sektor:
Sundhedsydelser
Delsektor:
Hospitalstjenester
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 9311, CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Slovakiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansierede hospitaler, privatfinansieret ambulancevirksomhed og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Slovakiet forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
Beskrivelse:
Finansielle tjenesteydelser
Udlændinge kan etablere et forsikringsselskab i form af et aktieselskab eller kan udøve forsikringsvirksomhed gennem en filial med registreret kontor i Slovakiet. Tilladelsen er i begge tilfælde afhængig af resultaterne af tilsynsmyndighedernes evaluering.
Gældende foranstaltninger:
Lov 
8/2008
 om forsikring
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Brancheklassifikation:
Forbeholdstype:
Markedsadgang
National behandling
Foranstaltninger:
Lov 566/2001 om værdipapirer
Lov 483/2001 om banker
Beskrivelse:
Finansielle tjenesteydelser
Investeringsservice kan i Den Slovakiske Republik leveres af administrationsselskaber, som har retlig status som et aktieselskab med en egenkapital, som er i overensstemmelse med lovens bestemmelser (ingen filialer).
Gældende foranstaltninger:
Sektor:
Energi
Delsektor:
Brancheklassifikation:
ISIC rev. 3.1 4010, ISIC rev. 3.1 4020, ISIC rev. 3.1 4030 og CPC 7131
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Der kræves en tilladelse til produktion, transmission og distribution af elektricitet, fremstilling af gas og distribution af luftformige brændstoffer, produktion og distribution af damp og varmt vand, rørledningstransport af brændstoffer, engros- og detailsalg af elektricitet, damp og varmt vand samt tjenesteydelser i tilknytning til energidistribution. En økonomisk behovsprøve anvendes, og ansøgningen kan kun afvises, hvis markedet er mættet.
For alle disse aktiviteter kan der kun gives tilladelse til en fysisk person med fast bopæl i en EU- eller EØS-medlemsstat eller en juridisk person, der er etableret i EU eller EØS.
Gældende foranstaltninger:
Lov 51/1988 om minedrift, artikel 4a
Lov 569/2007 om geologiske aktiviteter, artikel 5
Lov 251/2012 om energi, artikel 6 og 7
Lov 657/2004 om termisk energi, artikel 5
Sektor:
Transport
Fiskeri
Akvakultur
Delsektor:
Vandtransport
Tjenesteydelser i tilknytning til fiskeri
Brancheklassifikation:
CPC 722
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
I Slovakiet skal udenlandske investorer have hjemsted i Slovakiet for at ansøge om en licens, der gør det muligt for dem at udføre en tjenesteydelse.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
For godstransport anvendes en økonomisk behovsprøve. Hovedkriterier: lokal efterspørgsel.
Gældende foranstaltninger:
Sektor:
Jernbanetransport
Delsektor:
Brancheklassifikation:
CPC 7111 og CPC 7112
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der træffes inden for rammerne af eksisterende eller fremtidige aftaler, og som regulerer trafikrettigheder og driftsbetingelser samt leveringen af transporttjenesteydelser i Bulgarien, Tjekkiet og Slovakiet og mellem de berørte lande.
Gældende foranstaltninger:
Sektor:
Vejtransport
Delsektor:
Brancheklassifikation:
CPC 7121, CPC 7122 og CPC 7123
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger, der træffes inden for rammerne af eksisterende eller fremtidige aftaler, og som forbeholder retten til eller begrænser leveringen af transporttjenesteydelser og specificerer driftsbetingelserne, herunder transittilladelser eller fordelagtige vejafgifter, for transporttjenesteydelser til, i, gennem eller fra Slovakiet til de berørte kontraherende parter.
Gældende foranstaltninger:
Forbehold, der gælder i Slovenien
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Kontorvikarvirksomhed
Brancheklassifikation:
CPC 87201, CPC 87202 og CPC 87203
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Slovenien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende etablering af virksomheder, der tilbyder rekruttering af kontorvikarpersonale.
Slovenien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende rekruttering af ledende personale og kontorvikarpersonale.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Slovenien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af vagt- sikkerhedsvirksomhed.
Der kan findes krav om udstedelse af licenser og godkendelser. Bopælskrav eller krav om handelsmæssig tilstedeværelse, og der kan stilles krav om statsborgerskab.
Gældende foranstaltninger:
Sektor:
Undervisning
Delsektor:
Primærundervisning
Sekundærundervisning
Videregående uddannelser
Brancheklassifikation:
CPC 921, CPC 922 og CPC 923
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Slovenien forbeholder sig retten til at kræve etablering og begrænse grænseoverskridende levering af privatfinansieret primærundervisning.
Flertallet af medlemmerne af bestyrelsen for en institution, der tilbyder privatfinansieret sekundærundervisning eller privatfinansierede videregående uddannelser skal være slovenske statsborgere.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Ambulancetjenester
Brancheklassifikation:
CPC 93192
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Slovenien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede ambulancetjenester.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Slovenien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser.
Gældende foranstaltninger:
Forbehold, der gælder i Spanien
Sektor:
Forretningstjenesteydelser
Delsektor:
Rekruttering af ledende personale (headhunting)
Arbejdsformidling
Brancheklassifikation:
CPC 87201 og CPC 87202
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Spanien forbeholder sig retten til at begrænse antallet af virksomheder, der tilbyder rekruttering af ledende personale.
Spanien forbeholder sig retten til at begrænse antallet af udbydere af arbejdsformidling.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Delsektor:
Vagt- og sikkerhedsvirksomhed
Brancheklassifikation:
CPC 87302, CPC 87303, CPC 87304, CPC 87305 og CPC 87309
Forbeholdstype:
Markedsadgang
National behandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Det er ikke tilladt for udenlandske leverandører at levere vagt- og sikkerhedsvirksomhed på tværs af grænserne.
Adgang kun via Sociedades Anonimas, Sociedades de Responsabilidad Limitada, Sociedades Anonimas Laborales og Sociedades Cooperativas.
Statsborgerskabskrav for specialiseret personale.
Gældende foranstaltninger:
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring
Forbeholdstype:
Markedsadgang
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Beskrivelse:
Finansielle tjenesteydelser
Der kræves bopæl eller alternativt to års relevant erhvervserfaring for udøvelse af aktuarvirksomhed.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Spanien forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
Sektor:
Transport
Delsektor:
Vejtransport: passagerbefordring, godstransport, international lastvognstransport
Brancheklassifikation:
CPC 712
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
For så vidt angår passagerbefordring, anvendes der en økonomisk behovsprøve for tjenesteydelser, der er omfattet af CPC 7122. Hovedkriterier: lokal efterspørgsel.
Økonomisk behovsprøve for intercitybuskørsel. Hovedkriterier: de eksisterende operatørers antal og betydning, befolkningstætheden, den geografiske spredning, de trafikale forhold og skabelsen af nye arbejdspladser.
Gældende foranstaltninger:
Sektor:
Vejtransport (gods)
Delsektor:
Brancheklassifikation:
CPC 7123
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Autorisation for etablering af handelsmæssig tilstedeværelse i Spanien kan nægtes tjenesteydere, hvis hjemland ikke giver spanske tjenesteydere en effektiv markedsadgang.
Gældende foranstaltninger:
Ley 16/1987
, de 30 de julio, de Ordenación de los Transportes Terrestres
Forbehold, der gælder i Sverige
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Sverige forbeholder sig retten til at indføre eller opretholde diskriminerende krav til grundlæggere, øverste ledelse og bestyrelse, når nye former for juridiske enheder inkorporeres i svensk ret.
Gældende foranstaltninger:
Sektor:
Alle sektorer
Delsektor:
Brancheklassifikation:
Forbeholdstype:
Mestbegunstigelsesbehandling
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Foranstaltninger truffet af Danmark, Sverige og Finland med henblik på nordisk samarbejde, herunder:
a)
finansiel støtte til forsknings- og udviklingsprojekter (FoU-projekter) (Nordisk industrifond),
b)
støtte til gennemførlighedsundersøgelser vedrørende internationale projekter (Nordisk eksportprojektfond), og
c)
finansiel støtte til virksomheder
 (
5
)
, der anvender miljøteknologi (Nordisk miljøfinansieringsbureau).
Dette forbehold berører ikke udelukkelsen af en parts offentlige udbud, subsidier eller offentlige støtte til handel med tjenesteydelser som omhandlet i henholdsvis artikel 8.15.5, litra a) og b), og artikel 9.2.2, litra f) og g).
Gældende foranstaltninger:
Sektor:
Råstofindvinding, elektricitetsproduktion samt gas- og vandforsyning
Delsektor:
Kerneenergiproduktion
Oparbejdning af nukleart brændsel
Brancheklassifikation:
ISIC rev. 3.1 1200, ISIC rev. 3.1 2330 og del af ISIC rev. 3.1 4010
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Sverige forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende oparbejdning af nukleart brændsel og kerneenergiproduktion.
Gældende foranstaltninger:
Den svenske miljølov (1998:808)
Lov om aktiviteter inden for nuklear teknologi (1984:3)
Sektor:
Distributionstjenester
Delsektor:
Detailhandel med lægemidler og medicinalvarer og ortopædiske varer, og andre tjenesteydelser, der ydes af apotekere
Brancheklassifikation:
CPC 63211
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Det svenske monopol på detailhandel med lægemidler blev opgivet den 1. juli 2009. Da markedet først blev åbnet for nylig og indebærer nye former for levering af tjenesteydelser, forbeholder Sverige sig retten til at indføre eller opretholde foranstaltninger vedrørende detailhandel med lægemidler og levering af lægemidler til offentligheden.
Gældende foranstaltninger:
Lov om handel med lægemidler (2009:336)
Forordning om handel med lægemidler (2009:659)
Det svenske lægemiddelagentur har vedtaget yderligere bestemmelser, jf. (LVFS 2009:9)
http://www.lakemedelsverket.se/upload/lvfs/LVFS_2009-9.pdf
Sektor:
Undervisning
Delsektor:
Brancheklassifikation:
CPC 92
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer og grænseoverskridende handel med tjenesteydelser
Sverige forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende leverandører af undervisningstjenester, der er godkendt af de offentlige myndigheder til at levere undervisning.
Dette forbehold gælder for privatfinansierede leverandører af undervisningstjenester med en form for statsstøtte, bl.a. leverandører af undervisningstjenester, som er godkendt af staten, leverandører af undervisningstjenester, som er under statens tilsyn, eller undervisning, der giver ret til uddannelsesstøtte.
Gældende foranstaltninger:
Sektor:
Genanvendelse
Delsektor:
Brancheklassifikation:
ISIC Rev. 3.1 37
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Sverige forbeholder sig retten til at lade lokale myndigheder begrænse antallet af leverandører af privatfinansieret genanvendelse gennem etablering eller opretholdelse af monopoler eller tildeling af koncessioner eller eksklusive rettigheder på et ikke-diskriminerende grundlag til en eller flere tjenesteydere. Begrænsningen af markedsadgangen afspejler anvendelsen af EU's forbehold vedrørende offentlige forsyningsvirksomheder.
Gældende foranstaltninger:
Den svenske miljølov (1998:808)
SFS 1994:1205 Förordning (1994:1205) om producentansvar för returpapper
SFS 2000:208 Förordning (2000:208) om producentansvar för glödlampor och vissa belysningsarmaturer
SFS 2005:209 Förordning (2005:209) om producentansvar för elektriska och elektroniska produkter
SFS 1997:185 Förordning (1997:185) om producentansvar för förpackningar
SFS 1994:1236 Förordning (1994:1236) om producentansvar för däck
SFS 1993:1154 Förordning (1993:1154) om producentansvar för glasförpackningar och förpackningar av wellpapp
SFS 2007:185 Förordning (2007:185) om producentansvar för bilar
SFS 2007:193 Förordning (2007:193) om producentansvar för vissa radioaktiva produkter och herrelösa strålkällor
SFS 2006:1273 Förordning (2006:1273) om producentansvar för förpackningar
SFS 2009:1031 Förordning (2009:1031) om producentansvar för läkemedel
Sektor:
Affaldshåndtering
Delsektor:
Forvaltning af affald fra husholdninger og affald i forbindelse med producentansvar
Brancheklassifikation:
CPC 9402
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Sverige forbeholder sig retten til at lade lokale myndigheder begrænse antallet af leverandører af privatfinansieret affaldshåndtering gennem etablering eller opretholdelse af monopoler eller tildeling af koncessioner eller eksklusive rettigheder på et ikke-diskriminerende grundlag til en eller flere tjenesteydere. Begrænsningen af markedsadgangen afspejler anvendelsen af EU's forbehold vedrørende offentlige forsyningsvirksomheder.
Gældende foranstaltninger:
Den svenske miljølov (1998:808)
SFS 1994:1205 Förordning (1994:1205) om producentansvar för returpapper
SFS 2000:208 Förordning (2000:208) om producentansvar för glödlampor och vissa belysningsarmaturer
SFS 2005:209 Förordning (2005:209) om producentansvar för elektriska och elektroniska produkter
SFS 1997:185 Förordning (1997:185) om producentansvar för förpackningar
SFS 1994:1236 Förordning (1994:1236) om producentansvar för däck
SFS 1993:1154 Förordning (1993:1154) om producentansvar för glasförpackningar och förpackningar av wellpapp
SFS 2007:185 Förordning (2007:185) om producentansvar för bilar
SFS 2007:193 Förordning (2007:193) om producentansvar för vissa radioaktiva produkter och herrelösa strålkällor
SFS 2006:1273 Förordning (2006:1273) om producentansvar för förpackningar
SFS 2009:1031 Förordning (2009:1031) om producentansvar för läkemedel
Sektor:
Søtransport
Delsektor:
Cabotagesejlads
Brancheklassifikation:
CPC 7211 og CPC 7212
Forbeholdstype:
Mestbegunstigelsesbehandling
Forpligtelser
Beskrivelse:
Investeringer, grænseoverskridende handel med tjenesteydelser og international søtransportydelser
Der kan på et gensidigt grundlag træffes foranstaltninger for at tillade fartøjer fra Canada, der fører Canadas flag, at udføre cabotagesejlads i Sverige, for så vidt at Canada og landets provinser og territorier tillader fartøjer registreret under svensk flag at udføre cabotagesejlads i Canada. Det specifikke formål med dette forbehold afhænger af indholdet af en eventuel gensidig fremtidig aftale mellem Canada og Sverige.
Gældende foranstaltninger:
Sektor:
Forretningstjenesteydelser
Tjenesteydelser i tilknytning til jernbane- og landtransport
Delsektor:
Vedligeholdelse og reparation af jernbane- og vejtransportudstyr samt dele dertil
Brancheklassifikation:
CPC 6112, CPC 6122, del af CPC 8867 og del af CPC 8868
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
I Sverige er vedligeholdelse og reparation af jernbane- og vejtransportudstyr underlagt en økonomisk behovsprøve, når en investor agter at etablere sine egne terminalinfrastrukturfaciliteter. Hovedkriterier: de pågældende rum- og kapacitetsmuligheder.
Gældende foranstaltninger:
Planlægnings- og byggeloven (2010:900)
Sektor:
Andre tjenesteydelser, i.a.n.
Delsektor:
Tjenesteydelser i tilknytning til begravelsesvæsen, krematorier og bedemandsvirksomhed
Brancheklassifikation:
CPC 9703
Forbeholdstype:
Markedsadgang
National behandling
Øverste ledelse og bestyrelse
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Sverige forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende tjenesteydelser i tilknytning til begravelsesvæsen, krematorier og bedemandsvirksomhed.
Gældende foranstaltninger:
Forbehold, der gælder i Det Forenede Kongerige
Sektor:
Forretningstjenesteydelser
Delsektor:
Revisionsvirksomhed
Brancheklassifikation:
CPC 86211 og CPC 86212 (med undtagelse af regnskabsvæsen)
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Det Forenede Kongerige forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende grænseoverskridende levering af revision.
Gældende foranstaltninger:
Companies Act 2006 (Aktieselskabsloven fra 2006)
Sektor:
Sundhedsydelser
Delsektor:
Medicinske ydelser
Brancheklassifikation:
CPC 93121 og CPC 93122
Forbeholdstype:
Markedsadgang
Beskrivelse:
Investeringer
Læger kan kun nedsætte sig under det nationale sundhedsvæsen afhængigt af personaleplanlægningen på det medicinske område.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Ambulancetjenester
Behandlingshjem, der ikke udøver hospitalsvirksomhed
Brancheklassifikation:
CPC 93192 og CPC 93193
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Det Forenede Kongerige forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende privatfinansieret ambulancetjenester og privatfinansierede behandlingshjem, der ikke udøver hospitalsvirksomhed.
Gældende foranstaltninger:
Sektor:
Sundhedsydelser
Delsektor:
Sundhedsrelaterede ydelser, herunder ydelser leveret af læger, tandlæger samt psykologer og jordemødre
Virksomhed udøvet af sygeplejersker, fysioterapeuter og paramedicinsk personale
Detailhandel med lægemidler og medicinalvarer og ortopædiske varer, og andre tjenesteydelser, der ydes af apotekere
Brancheklassifikation:
CPC 
63211, del af 
CPC 
85201,, 
CPC 9312 og del af CPC 93191
Forbeholdstype:
National behandling
Markedsadgang
Beskrivelse:
Grænseoverskridende handel med tjenesteydelser
Det Forenede Kongerige forbeholder sig retten til at indføre eller opretholde foranstaltninger, der kræver leverandørers etablering og begrænser grænseoverskridende levering af sundhedsrelaterede ydelser fra tjenesteydere, der ikke er fysisk til stede i Det Forenede Kongerige, herunder ydelser leveret af læger, tandlæger, psykologer jordemødre, sygeplejersker, fysioterapeuter og paramedicinsk personale, detailhandel med lægemidler og medicinske og ortopædiske artikler og anden farmaceutvirksomhed.
Gældende foranstaltninger:
Sektor:
Sociale tjenesteydelser
Delsektor:
Brancheklassifikation:
CPC 933
Forbeholdstype:
Markedsadgang
National behandling
Præstationskrav
Øverste ledelse og bestyrelse
Beskrivelse:
Investeringer
Det Forenede Kongerige forbeholder sig retten til at indføre eller opretholde foranstaltninger vedrørende levering af privatfinansierede sociale tjenesteydelser med undtagelse af tjenesteydelser i tilknytning til hvilehjem, plejehjem og ældrehjem.
Gældende foranstaltninger:
(
1
)
  Canada forbeholder sig ret til ikke at indrømme virksomheder i USA disse fordele.
(
2
)
  For så vidt angår Østrig dækker den del af undtagelsen vedrørende mestbegunstigelsesbehandling med hensyn til trafikrettigheder alle lande, hvormed der findes eller i fremtiden kan overvejes bilaterale aftaler om vejtransport eller andre ordninger vedrørende vejtransport.
(
3
)
  Finder anvendelse på østeuropæiske virksomheder, der samarbejder med en eller flere nordiske virksomheder.
(
4
)
  Finder anvendelse på østeuropæiske virksomheder, der samarbejder med en eller flere nordiske virksomheder.
(
5
)
  Finder anvendelse på østeuropæiske virksomheder, der samarbejder med en eller flere nordiske virksomheder.
BILAG III
Canadas liste
Forklarende bemærkninger
1.
Canadas liste til dette bilag indeholder:
a)
indledende noter, som begrænser eller præciserer Canadas forpligtelser i forhold til de forpligtelser, der er beskrevet i litra b) og c)
b)
i afsnit A de forbehold, som Canada har taget i henhold til artikel 13.10, stk. 1 og 2, (forbehold og undtagelser) med henblik på en eksisterende foranstaltning, som ikke er i overensstemmelse med de forpligtelser, der indføres i:
i)
Artikel 13.3 (national behandling)
ii)
Artikel 13.4 (mestbegunstigelsesbehandling)
iii)
Artikel 13.6 (markedsadgang)
iv)
Artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser) eller
v)
Artikel 13.8 (øverste ledelse og bestyrelse)
c)
i afsnit B de forbehold, som Canada har taget i henhold til artikel 13.10, stk. 3 (forbehold og undtagelser) for foranstaltninger, som Canada kan indføre eller opretholde, og som ikke er i overensstemmelse med de forpligtelser, der indføres i artikel 13.3 (national behandling), artikel 13.4 (mestbegunstigelsesbehandling), artikel 13.6 (markedsadgang), artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser) eller artikel 13.8 (øverste ledelse og bestyrelse).
2.
Hvert forbehold i afsnit A indeholder følgende elementer:
a)
Sektor
: den overordnede sektor, hvori forbeholdet er taget
b)
Delsektor
: den specifikke sektor, hvori forbeholdet er taget
c)
Forbeholdstype
: den i punkt 1, litra b), omhandlede forpligtelse, som der er taget forbehold for
d)
Forvaltningsniveau
: det forvaltningsniveau, hvorpå den foranstaltning, som der er taget forbehold for, opretholdes
e)
Foranstaltninger
: de love, forskrifter eller andre foranstaltninger, som i givet fald præciseres under elementet 
Beskrivelse
, og som der er taget forbehold for. En foranstaltning, der er anført under elementet 
Foranstaltninger
:
i)
betyder foranstaltningen som ændret, opretholdt eller fornyet fra datoen for denne aftales ikrafttræden og
ii)
omfatter en underordnet foranstaltning, der indføres eller opretholdes inden for rammerne af og i overensstemmelse med foranstaltningen
f)
Beskrivelse
: eventuelle referencedata om liberalisering på datoen for denne aftales ikrafttræden i henhold til andre afsnit af Canadas liste til dette bilag og de resterende uforenelige aspekter i de eksisterende foranstaltninger, som der er taget forbehold for.
3.
Hvert forbehold i afsnit B indeholder følgende elementer:
a)
Sektor
: den overordnede sektor, hvori forbeholdet er taget
b)
Delsektor
: den specifikke sektor, hvori forbeholdet er taget
c)
Forbeholdstype
: den i punkt 1, litra c), omhandlede forpligtelse, som der er taget forbehold for
d)
Forvaltningsniveau
: det forvaltningsniveau, hvorpå den foranstaltning, som der er taget forbehold for, opretholdes
e)
Beskrivelse
: hvilke sektorer, delsektorer eller aktiviteter der er omfattet af forbeholdet.
4.
I forbindelse med fortolkning af et forbehold i afsnit A skal der tages højde for alle elementer i forbeholdet. Et forbehold skal fortolkes i lyset af de relevante bestemmelser i det kapitel, som der er taget forbehold for. I det omfang:
a)
elementet 
Foranstaltninger
 præciseres af en specifik reference i elementet 
Beskrivelse
, går det således præciserede element 
Foranstaltninger
 forud for alle andre elementer
b)
elementet 
Foranstaltninger
 ikke præciseres, går elementet 
Foranstaltninger
 forud for alle andre elementer, medmindre et eventuelt misforhold mellem elementet 
Foranstaltninger
 og de øvrige elementer samlet betragtet er så væsentligt og betydningsfuldt, at det ville være urimeligt at drage den slutning, at elementet 
Foranstaltninger
 går forud, og i det tilfælde går de andre elementer forud i det omfang, misforholdet tilsiger.
5.
I forbindelse med fortolkning af et forbehold i afsnit B skal der tages højde for alle elementer i forbeholdet. Elementet 
Beskrivelse
 går forud for alle andre elementer.
6.
Hvis Canada opretholder en foranstaltning, som kræver, at en tjenesteyder skal være statsborger, have fast bopæl eller bopæl på dets territorium som en betingelse for levering af en tjenesteydelse på dets territorium, skal et forbehold for denne foranstaltning taget for så vidt angår artikel 13.3 (national behandling), artikel 13.4 (mestbegunstigelsesbehandling), artikel 13.6 (markedsadgang), artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser) og artikel 13.8 (øverste ledelse og bestyrelse) fungere som et forbehold for så vidt angår artikel 8.4 (markedsadgang), artikel 8.5 (præstationskrav), artikel 8.6 (national behandling), artikel 8.7 (mestbegunstigelsesbehandling) og artikel 8.8 (øverste ledelse og bestyrelse) inden for rammerne af den pågældende foranstaltning.
7.
Et forbehold for en foranstaltning, der kræver, at en tjenesteyder skal være en fysisk person, statsborger, have fast bopæl eller bopæl på dets territorium som en betingelse for levering af en finansiel tjenesteydelse på dets territorium, og som tages for så vidt angår artikel 13.7 (grænseoverskridende levering af finansielle tjenesteydelser), skal fungere som et forbehold for så vidt angår artikel 13.3 (national behandling), artikel 13.4 (mestbegunstigelsesbehandling), artikel 13.6 (markedsadgang) og artikel 13.8 (øverste ledelse og bestyrelse) inden for rammerne af den pågældende foranstaltning.
Indledende noter
1.
Forpligtelser i henhold til denne aftale i de delsektorer, der er opført på denne liste, iværksættes med forbehold af de begrænsninger og betingelser, der er anført i disse indledende noter og i listen nedenfor.
2.
Oplistningen af en foranstaltning som et forbehold i afsnit A eller B betyder ikke, at den ikke på anden vis kan retfærdiggøres som en foranstaltning, der er indført eller opretholdt af forsigtighedshensyn i henhold til artikel 13.16 (tilsynsklausuler).
3.
I forbindelse med Canadas forpligtelse for så vidt angår artikel 13.6 (markedsadgang) præciseres det, at juridiske personer, der leverer finansielle tjenesteydelser, og som er etableret i henhold til canadisk lovgivning, er omfattet af ikke-diskriminatoriske begrænsninger af deres retlige form 
(
1
)
.
4.
Artikel 13.10, stk. 1, litra c), (forbehold og undtagelser) finder ikke anvendelse på uforenelige foranstaltninger i forbindelse med artikel 13.6, stk.1, litra b), (markedsadgang).
Canadas liste
AFSNIT A
Forbehold, der gælder i Canada
(gælder i alle provinser og på alle territorier)
Forbehold IIIA-C-1
Sektor:
Finansielle tjenesteydelser
Delsektor:
Alle
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bank Act
, S.C. 1991, c.46, ss. 159, 749
Insurance Companies Act
, S.C. 1991, c. 47, ss. 167, 796
Trust and Loan Companies Act
, S.C. 1991, c. 45, s. 163
Foreign Institutions Subject to the Canadian Residency Requirements Regulations (Insurance Companies)
, S.O.R./2003-185
Foreign Institutions Subject to the Canadian Residency Requirements Regulations (Trust and Loan Companies)
, S.O.R./2003-186
Cooperative Credit Associations Act
, S.C. 1991, c. 48, s. 169
Beskrivelse:
Mindst halvdelen af bestyrelsesmedlemmerne i et føderalt reguleret finansieringsinstitut, som er et datterselskab af en udenlandsk institution, og et flertal af bestyrelsesmedlemmerne i ethvert andet føderalt reguleret finansieringsinstitut skal være canadiske statsborgere med sædvanlig bopæl i Canada eller personer med fast og sædvanlig bopæl i Canada.
 (
2
)
Forbehold IIIA-C-2
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bank Act
, S.C. 1991, c.46, s. 524
Beskrivelse:
For at oprette en bankfilial skal en udenlandsk bank være en bank inden for den jurisdiktion, under hvis lovgivning den er stiftet.
Forbehold IIIA-C-3
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bank Act
, S.C. 1991, c.46, s. 540
Sales or Trades (Authorized Foreign Banks) Regulations
, S.O.R./2000-52
Beskrivelse:
En långivende bankfilial må i forbindelse med sin forretning i Canada kun modtage et indskud eller på anden vis låne penge ved hjælp af et finansielt instrument fra eller garantere et værdipapir eller godtage en veksel udstedt af en person, der sælges til eller handles med:
a)
et finansieringsinstitut (bortset fra en udenlandsk bank) eller
b)
en udenlandsk bank, som:
i)
er en bank i henhold til lovene i den jurisdiktion, under hvis lovgivning den blev stiftet, eller i en jurisdiktion, hvor den driver forretning
ii)
leverer finansielle tjenesteydelser og har et navn, hvori ordet »bank,«»banque,«»banking« eller »bancaire« indgår og
iii)
er reguleret som en bank eller som et institut, der modtager indlån, i den jurisdiktion, under hvis lovgivning den/det blev stiftet, eller i en jurisdiktion, hvor den driver forretning,
hvis det finansielle instrument, værdipapiret eller vekslen ikke efterfølgende kan sælges eller handles.
Forbehold IIIA-C-4
Sektor:
Finansielle tjenesteydelser
Delsektor:
Alle
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Trust and Loan Companies Act, 
S.C. 1991, c.45
Bank Act
, S.C. 1991, c.46
Cooperative Credit Associations Act, 
S.C. 1991, c.48
Insurance Companies Act, 
S.C. 1991, c. 47
Beskrivelse:
Føderale love tillader ikke et trust- og låneselskab, en kreditforening eller et gensidigt forsikringsselskab (fraternal benefit society) i Canada at blive etableret via filialer i selskaber, som er organiseret under udenlandsk lovgivning.
Forbehold IIIA-C-5
Sektor:
Finansielle tjenesteydelser
Delsektor:
Alle
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Foranstaltninger:
Bank Act
, S.C. 1991, c. 45, ss. 510, 522.16, 524
Insurance Companies Act
, S.C. 1991, c. 47, ss. 574, 581
Beskrivelse:
1.
En bankfilial skal oprettes direkte under den autoriserede udenlandske bank, der er stiftet i den jurisdiktion, hvor den autoriserede udenlandske bank primært driver forretning.
2.
En udenlandsk enhed, der er autoriseret til at forsikre risici i Canada, skal etableres direkte under det udenlandske forsikringsselskab, der er stiftet i den jurisdiktion, hvor det udenlandske forsikringsselskab enten direkte eller via et datterselskab primært driver forretning.
Forbehold, der gælder i Alberta
Forbehold IIIA-PT-1
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Insurance Act
, R.S.A. 2000, c. I-13
Beskrivelse:
Forsikringstjenesteydelser i Alberta kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Alberta
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring
f)
gensidige forsikringsselskaber (fraternal societies) eller
g)
særlige mæglere.
Forbehold IIIA-PT-2
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Insurance Act
, R.S.A. 2000, c. I-13
Beskrivelse:
Datterselskaber af udenlandske forsikringsselskaber skal have tilladelse på føderalt niveau.
Forbehold IIIA-PT-3
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring
Formidling af forsikringskontrakter vedrørende søtransport og kommerciel luftfart samt opsendelse og fragt i rummet (inklusive satellitter) og genforsikring og retrocession
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Insurance Act
, R.S.A. 2000, c. I-3
Beskrivelse:
1.
I forbindelse med forsikring af risici i provinsen foretaget af et forsikringsselskab uden licens er der krav om betaling til provinsen af et gebyr på 50 procent af den betalte præmie og underretning af tilsynsmyndigheden, medmindre en sådan forsikring leveres af en særlig mægler med licens i Alberta.
2.
Det præciseres, at en særlig mægler med licens i Alberta ikke behøver at have bopæl/være etableret i Alberta, og at et forsikringsselskab med licens ikke behøver at have handelsmæssig tilstedeværelse i Alberta.
Forbehold IIIA-PT-4
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Loan and Trust Corporations Act
, R.S.A. 2000, c. L-20
Loan and Trust Corporations Regulation
, Alta. Reg. 171/1992
Beskrivelse:
For at drive et trust- og låneselskab under Alberta-ordningen skal en enhed være en juridisk person, som 
Loan and Trust Corporations Act
 finder anvendelse på.
Forbehold IIIA-PT-5
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Loan and Trust Corporations Act
, R.S.A. 2000, c. L-20
Loan and Trust Corporations Regulation
, Alta. Reg. 171/1992
Beskrivelse:
Mindst tre fjerdedele af bestyrelsesmedlemmerne i et trust- og låneselskab i Alberta skal have sædvanlig bopæl i Canada.
Forbehold IIIA-PT-6
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Credit Union Act
, R.S.A. 2000, c. C-32
Credit Union Regulation, 
Alta. Reg. 249/1989
Beskrivelse:
En kreditforening skal være stiftet i Alberta.
Forbehold IIIA-PT-7
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Credit Union Act
, R.S.A. 2000, c. C-32
Credit Union Regulation, 
Alta. Reg. 249/1989
Beskrivelse:
Bestyrelsesmedlemmer i kreditforeninger i Alberta skal være canadiske statsborgere eller have fast bopæl i Canada, og tre fjerdedele skal til enhver tid have sædvanlig bopæl i Alberta.
Forbehold IIIA-PT-8
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Rådgivning og dermed beslægtede finansielle tjenesteydelser
Forbeholdstype:
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Securities Act
, R.S.A. 2000, c. S-4
Beskrivelse:
I de tilfælde, hvor en rådgiver yder rådgivning i Alberta, skal sådanne tjenesteydelser leveres via en handelsmæssig tilstedeværelse i Alberta.
Forbehold IIIA-PT-9
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Securities Act
, R.S.A. 2000, c. S-4, s.75
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere, der ikke har bopæl/er etableret eller registreret i Alberta.
Forbehold IIIA-PT-10
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Securities Act
, R.S.A. 2000, c. S-4
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i British Columbia
Forbehold IIIA-PT-11
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Financial Institutions Act
, R.S.B.C. 1996, c. 141
Beskrivelse:
I forbindelse med trustselskaber, forsikringsselskaber og kreditforeninger, der er stiftet i provinsen, skal flertallet af bestyrelsesmedlemmerne have sædvanlig bopæl i Canada og mindst et bestyrelsesmedlem have sædvanlig bopæl i British Columbia.
Forbehold IIIA-PT-12
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Financial Institutions Act
, R.S.B.C. 1996, c. 141, ss.75-76
Beskrivelse:
Forsikringstjenesteydelser i British Columbia kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i British Columbia
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan eller
e)
børser for gensidig forsikring.
Forbehold IIIA-PT-13
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring, genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Financial Institutions Act
, R.S.B.C. 1996, c. 141, ss. 48-51 for så vidt angår trust-, forsikrings- og holdingselskaber
Beskrivelse:
I tilfælde, hvor en person kontrollerer eller vil komme til at kontrollere 10 procent eller mere af stemmerne i et selskab, kræves der en godkendelse fra »financial institutions commission« med henblik på stiftelse, aktieerhvervelse eller ansøgning om erhvervstilladelse.
Forbehold IIIA-PT-14
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Genforsikring og retrocession
Forbeholdstype:
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Financial Services Act,
 R.S.B.C. 1996, c. 141
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i British Columbia.
Forbehold IIIA-PT-15
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Alle betalings- og pengeformidlingstjenesteydelser — trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Financial Institutions Act
, R.S.B.C. 1996, c. 141, ss. 48-51
Beskrivelse:
I tilfælde, hvor en person kontrollerer eller vil komme til at kontrollere 10 procent eller mere af stemmerne i et selskab, kræves der en godkendelse fra »financial institutions commission« med henblik på stiftelse, aktieerhvervelse eller ansøgning om erhvervstilladelse.
Forbehold IIIA-PT-16
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Securities Act
, R.S.B.C. 1996, c. 418
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der hverken har bopæl/er etableret eller registreret i British Columbia.
Forbehold IIIA-PT-17
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Securities Act
, R.S.B.C. 1996, c. 418
National Instrument 81-102 Investment Funds,
 B.C. Reg. 20/2000, Part 6
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan anvendes, hvis underdepotinstitutionen har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Manitoba
Forbehold IIIA-PT-18
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Insurance Act
, C.C.S.M. c. 140
Beskrivelse:
Forsikringstjenesteydelser i Manitoba kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Manitoba
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring
f)
gensidige forsikringsselskaber (fraternal societies) eller
g)
særlige mæglere.
Forbehold IIIA-PT-19
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Corporations Act,
 C.C.S.M. c. C225
Beskrivelse:
For at drive et trust- og låneselskab under Manitoba-ordningen skal en enhed være en juridisk person, som DEL XXIV i 
The Corporations Act
 finder anvendelse på.
Forbehold IIIA-PT-20
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Corporations Act,
 C.C.S.M. c. C225
Beskrivelse:
Den direkte eller indirekte erhvervelse af canadisk kontrollerede selskaber foretaget af personer uden bopæl er begrænset til 10 procent pr. individ og 25 procent i alt.
Forbehold IIIA-PT-21
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Corporations Act
, C.C.S.M. c. C225, s. 346(1) og (2)
Beskrivelse:
En aktionær, der ikke har bopæl eller er etableret, må ikke stemme eller foranledige, at der stemmes på vedkommende eller dennes andele, medmindre det er den registrerede aktionær.
Forbehold IIIA-PT-22
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Corporations Act
, C.C.S.M. c. C225, s. 321(6)
Beskrivelse:
Et flertal af bestyrelsesmedlemmerne i de i provinsen stiftede trust- og låneselskaber skal have bopæl i Canada.
Forbehold IIIA-PT-23
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Credit Unions and Caisses Populaires Act
, C.C.S.M. c. C301
Beskrivelse:
1.
En kreditforening eller caisse populaire skal være stiftet i Manitoba.
2.
Formålet med en kreditforening er at levere finansielle tjenesteydelser på et kooperativt grundlag til medlemmerne, og sådanne tjenesteydelser skal primært være administreret eller kontrolleret af personer, der har bopæl/er etableret i Manitoba. Formålet med caisse populaire er at levere finansielle tjenesteydelser på fransk på et kooperativt grundlag til medlemmerne, og sådanne tjenesteydelser skal primært være administreret eller kontrolleret af fransktalende personer, der har bopæl i Manitoba.
3.
»Person, der har bopæl i Manitoba« defineres som en enkeltperson, der er juridisk berettiget til at være i Canada, har sit hjem i Manitoba og er fysisk til stede i Manitoba i mindst seks måneder om året. En henvisning i den engelske udgave af 
The Credit Unions and Caisses Populaires Act
 til en »credit union« omfatter en »caisse populaire«, og en henvisning i den franske udgave af loven til en »caisse populaire« omfatter en »credit union«.
Forbehold IIIA-PT-24
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Credit Unions and Caisses Populaires Act,
 C.C.S.M. c. C301
Beskrivelse:
Et bestyrelsesmedlem i en kreditforening eller caisse populaire skal have bopæl i Canada.
Forbehold IIIA-PT-25
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Virksomheder, der udsteder og sælger obligationer til fordel for lokalsamfundet (Community Bonds corporations)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Agricultural Societies Act
, C.C.S.M. c. A30
Beskrivelse:
Et bestyrelsesmedlem i en Community Bonds corporation skal have bopæl i Manitoba.
Forbehold IIIA-PT-26
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Securities Act,
 C.C.S.M. c. S50
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Manitoba.
Forbehold IIIA-PT-27
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures samt rådgivning og dermed beslægtede finansielle tjenesteydelser — forhandlere, mæglere, rådgivere
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Securities Act,
 C.C.S.M. c. S50
Beskrivelse:
1.
Når ansøgeren er et selskab, skal mindst en leder eller et bestyrelsesmedlem opfylde »kravet om sædvanlig bopæl«, og når ansøgeren er et interessentskab, skal mindst en interessent eller et medlem, som er en enkeltperson, opfylde »kravet om sædvanlig bopæl«.
2.
»Kravet om sædvanlig bopæl« betyder, at ansøgeren skal have bopæl i Manitoba på datoen for ansøgningen og have haft bopæl i Canada i mindst et år umiddelbart inden datoen for ansøgningen eller have været registreret i henhold til værdipapirlovgivningen i en anden canadisk jurisdiktion, hvor ansøgeren sidst havde bopæl, og have været registreret på denne måde i mindst et år umiddelbart inden datoen for ansøgningen.
Forbehold IIIA-PT-28
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring) Handel for egen eller kunders regning: depottjenesteydelser; handel med værdipapirer og råvarefutures — personer; værdipapirforhandlere og -mæglere; handel med værdipapirer og råvarefutures; rådgivning og dermed beslægtede finansielle tjenesteydelser; forhandlere, mæglere, rådgivere
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Securities Act,
 C.C.S.M. c. S50
Beskrivelse:
En enkeltperson, som ansøger om registrering, skal have bopæl i Canada i en periode på mindst et år forud for ansøgningen og på datoen for ansøgningen have bopæl i den provins, som vedkommende ønsker at drive virksomhed i.
Forbehold IIIA-PT-29
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Securities Act,
 C.C.S.M. c. S50
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i New Brunswick
Forbehold IIIA-PT-30
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Insurance Act
, R.S.N.B. 1973, c. I-12
Beskrivelse:
Forsikringstjenesteydelser i New Brunswick kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i New Brunswick
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan eller
e)
børser for gensidig forsikring.
Forbehold IIIA-PT-31
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Loan and Trust Companies Act
, S.N.B. 1987, c. L-11.2
Beskrivelse:
For at drive et trust- og låneselskab under New Brunswick-ordningen skal en enhed være en juridisk person, som 
Loan and Trust Companies Act
 finder anvendelse på.
Forbehold IIIA-PT-32
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Loan and Trust Companies Act
, S.N.B. 1987, c. L-11.2
Beskrivelse:
Mindst to af bestyrelsesmedlemmerne i trust- og låneselskabet skal have bopæl i New Brunswick.
Forbehold IIIA-PT-33
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Loan and Trust Companies Act
, S.N.B. 1987, c. L-11.2
Beskrivelse:
Stiftelse eller registrering af et trust- og låneselskab i New Brunswick vil blive afvist, medmindre myndighederne er overbevist om, at der findes en offentlig interesse i og fordel ved en yderligere virksomhed.
Forbehold IIIA-PT-34
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Securities Act, 
S.N.B. 2004, c. S-5.5
Beskrivelse:
Der er et krav om, at en enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i New Brunswick.
Forbehold IIIA-PT-35
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Credit Unions Act
, S.N.B.1994, c. C-32.
Beskrivelse:
En kreditforening skal være stiftet i New Brunswick.
Forbehold IIIA-PT-36
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Virksomheder, der udsteder og sælger obligationer til fordel for lokalsamfundet (Community Bonds corporations)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Securities Act,
 S.N.B. 2004, c. S-5.5
Beskrivelse:
Et bestyrelsesmedlem i en Community Bonds corporation skal have bopæl i New Brunswick.
Forbehold IIIA-PT-37
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Securities Act
, S.N.B. 2004, c. S-5.5
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Newfoundland og Labrador
Forbehold IIIA-PT-38
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Insurance Adjusters, Agents and Brokers Act
, R.S.N.L. 1990, c. I-9
Beskrivelse:
Forsikringstjenesteydelser i Newfoundland og Labrador kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Newfoundland og Labrador
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring
f)
gensidige forsikringsselskaber (fraternal societies)
g)
særlige mæglere
h)
datterselskaber eller
i)
gensidige forsikringsselskaber.
Forbehold IIIA-PT-39
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Genforsikring og retrocession
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Insurance Companies Act, 
R.S.N.L. 1990, c. I-10
Beskrivelse:
Køb af genforsikringstjenesteydelser fra et forsikringsselskabs side, bortset fra et livsforsikringsselskab eller et genforsikringsselskab, af et ikke-etableret genforsikringsselskab, er begrænset til højst 25 procent af den risiko, som forsikringsselskabet påtager sig ved købet af genforsikringen.
Forbehold IIIA-PT-40
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Corporations Act
, R.S.N.L. 1990, C-36
Trust and Loan Corporations Act, 
S.N.L. 2007, c. T-9.1
Beskrivelse:
For at drive et trust- og låneselskab under Newfoundland og Labrador-ordningen skal en enhed være en juridisk person, som 
Trust and Loan Corporations Act
 finder anvendelse på.
Forbehold IIIA-PT-41
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Credit Union Act 2009
, S.N.L. 2009, c. C-37.2
Beskrivelse:
En kreditforening skal være stiftet i Newfoundland og Labrador.
Forbehold IIIA-PT-42
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Securities Act
, R.S.N.L. 1990, c. S-13
Beskrivelse:
Under visse særlige omstændigheder kan »Superintendent of Securities« afvise registrering:
a)
af en enkeltperson eller
b)
af en person eller virksomhed,
hvis enkeltpersonen eller et bestyrelsesmedlem eller en leder for personen eller virksomheden ikke har haft bopæl i Canada i mindst et år umiddelbart inden datoen for ansøgningen om registrering.
Forbehold IIIA-PT-43
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Securities Act
, R.S.N.L. 1990, c. S-13
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Newfoundland og Labrador.
Forbehold IIIA-PT-44
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Securities Act
, R.S.N.L. 1990, c. S-13
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Northwest Territories
Forbehold IIIA-PT-45
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Northwest Territories
Foranstaltninger:
Insurance Act
, R.S.N.W.T. 1988, c. I-4
Beskrivelse:
Forsikringstjenesteydelser kan kun ydes i Northwest Territories via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Northwest Territories
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring eller
f)
gensidige forsikringsselskaber (fraternal societies).
Forbehold IIIA-PT-46
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Northwest Territories
Foranstaltninger:
Business Corporations Act
, S.N.W.T. (Nu) 1996, c. 19
Beskrivelse:
Krav om stiftelse på føderalt niveau eller territorieniveau af et trust- og låneselskab i Northwest Territories.
Forbehold IIIA-PT-47
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Northwest Territories
Foranstaltninger:
Credit Union Act
, R.S.N.W.T. (Nu) 1988, c. C-23
Beskrivelse:
En kreditforening skal være stiftet i Northwest Territories.
Forbehold IIIA-PT-48
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Northwest Territories
Foranstaltninger:
Securities Act
, R.S.N.W.T. (Nu) 1988, c. S-5
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Northwest Territories.
Forbehold IIIA-PT-49
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Northwest Territories
Foranstaltninger:
Securities Act
, S.N.W.T. 2008, c. 10
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Nova Scotia
Forbehold IIIA-PT-50
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Insurance Act
, R.S.N.S. 1989, c. 231
Licensing of Insurers Regulations
, N.S. Reg. 142/90 eller andre underforanstaltninger til denne
Beskrivelse:
Forsikringstjenesteydelser i Nova Scotia kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Nova Scotia
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring
f)
gensidige forsikringsselskaber (fraternal societies)
g)
særlige mæglere
h)
datterselskaber eller
i)
gensidige forsikringsselskaber.
Forbehold IIIA-PT-51
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Formidling af forsikringskontrakter vedrørende søtransport og kommerciel luftfart samt opsendelse og fragt i rummet (inklusive satellitter) og genforsikring og retrocession
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Insurance Act
, R.S.N.S. 1989, c. 231
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Nova Scotia.
Forbehold IIIA-PT-52
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Trust and Loan Companies Act
, S.N.S. 1991, c. 7 og andre underforanstaltninger til denne
Beskrivelse:
Stiftelse eller registrering af et trust- og låneselskab i Nova Scotia vil blive afvist, medmindre myndighederne er overbevist om, at der findes en offentlig interesse i og fordel ved en yderligere virksomhed.
Forbehold IIIA-PT-53
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Trust and Loan Companies Act
, S.N.S. 1991, c. 7 og andre underforanstaltninger til denne
Beskrivelse:
Mindst to af bestyrelsesmedlemmerne i en virksomhed i provinsen skal have sædvanlig bopæl i Nova Scotia, og et flertal af bestyrelsesmedlemmerne skal have sædvanlig bopæl i Canada.
Forbehold IIIA-PT-54
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Trust and Loan Companies Act
, S.N.S. 1991, c. 7
Beskrivelse:
For at drive et trust- og låneselskab under Nova Scotia-ordningen skal en enhed være en juridisk person, som 
Trust and Loan Companies Act
 finder anvendelse på.
Forbehold IIIA-PT-55
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Credit Union Act
, R.S.N.S. 1994, c. 4
Beskrivelse:
Et bestyrelsesmedlem i en kreditforening i Nova Scotia skal være canadisk statsborger.
Forbehold IIIA-PT-56
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Credit Union Act
, R.S.N.S. 1994, c. 4
Beskrivelse:
En kreditforening skal være stiftet i Nova Scotia.
Forbehold IIIA-PT-57
Sektor:
Finansielle tjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med boliglån
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Mortgage Brokers and Lenders Registration Act
, R.S.N.S. 1989, c. 291 og andre underforanstaltninger til denne
Beskrivelse:
En prioritietslånsmægler skal være stiftet i henhold til lovgivningen i Canada eller Nova Scotia.
Forbehold IIIA-PT-58
Sektor:
Finansielle tjenesteydelser
Delsektor:
Tjenesteydelser i forbindelse med boliglån
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Mortgage Brokers and Lenders Registration Act
, R.S.N.S. 1989, c. 291 og andre underforanstaltninger til denne
Beskrivelse:
En prioritietslånsmægler skal have bopæl/være etableret i Nova Scotia.
Forbehold IIIA-PT-59
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Securities Act
, R.S.N.S. 1989, c. 418
Beskrivelse:
Under bestemte begrænsede omstændigheder kan Superintendent of Securities afvise registrering i Nova Scotia:
a)
af en enkeltperson eller
b)
af en person eller virksomhed,
hvis enkeltpersonen eller et bestyrelsesmedlem eller en leder for personen eller virksomheden ikke har haft bopæl i Canada i mindst et år umiddelbart inden datoen for ansøgningen om registrering.
Forbehold IIIA-PT-60
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Rådgivning og dermed beslægtede finansielle tjenesteydelser og kapitalforvaltning
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Securities Act
, R.S.N.S. 1989, c. 418
Beskrivelse:
Virksomheden skal administreres af en person, der har bopæl/er etableret i Nova Scotia.
Forbehold IIIA-PT-61
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Rådgivning og dermed beslægtede finansielle tjenesteydelser
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Securities Act
, R.S.N.S. 1989, c. 418
Beskrivelse:
I de tilfælde, hvor en rådgiver yder rådgivning i Nova Scotia, skal sådanne tjenesteydelser leveres via en handelsmæssig tilstedeværelse i Nova Scotia.
Forbehold IIIA-PT-62
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Securities Act
, R.S.N.S. 1989, c. 418
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Nunavut
Forbehold IIIA-PT-63
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Insurance Act
, R.S.A. 2000, c. I-3
Beskrivelse:
Forsikringstjenesteydelser i Nunavut kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Nunavut
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring eller
f)
gensidige forsikringsselskaber (fraternal societies).
Forbehold IIIA-PT-64
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Business Corporations Act
, S.N.W.T. 1996, c. 19
Beskrivelse:
For at drive et trust- og låneselskab under Nunavut-ordningen skal en enhed være en virksomhed, som 
Business Corporations Act
 finder anvendelse på.
Forbehold IIIA-PT-65
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Credit Union Act
, R.S.N.W.T. (Nu) 1988, c. C-23
Beskrivelse:
En kreditforening skal være stiftet i Nunavut.
Forbehold IIIA-PT-66
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Securities Act
, R.S.N.W.T. (Nu) 1998, c.10
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Nunavut.
Forbehold IIIA-PT-67
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Securities Act
, R.S.N.W.T. (Nu.) 1988, c. S-5
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Ontario
Forbehold IIIA-PT-68
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Insurance Act
, R.S.O. 1990, c. I.8, s. 42
Beskrivelse:
Forsikringstjenesteydelser i Ontario kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Ontario
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion eller
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring eller
f)
gensidige forsikringsselskaber (fraternal societies).
Forbehold IIIA-PT-69
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser — tjenesteydelser i forbindelse med forsikring og pensionsforsikring
Forbeholdstype:
National behandling
Mestbegunstigelsesbehandling
Markedsadgang
Myndighedsniveau:
Provinsen Ontario
Foranstaltninger:
Insurance Act
, R.S.O. 1990, c. I.8, ss. 48 (3), 48 (7), 169(2)
Beskrivelse:
Gensidige forsikringsselskaber er underlagt mindre krævende kapitalkrav, hvis de er medlemmer af Fire Mutuals Guarantee Fund. Ethvert gensidigt forsikringsselskab kan blive medlem af Fire Mutuals Guarantee Fund, men medlemskabet kræver godkendelse fra Superintendent of Financial Services.
Forbehold IIIA-PT-70
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Genforsikring og retrocession
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Insurance Act
, R.S.O. 1990, c. I.8, s. 54
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Ontario.
Forbehold IIIA-PT-71
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Loan and Trust Corporations Act
, R.S.O. 1990, c. L.25, s. 31
Beskrivelse:
Kun en virksomhed, som er stiftet i henhold til den føderale 
Trust and Loan Companies Act
, S.C. 1991, c. 45, kan ansøge om en første registrering til at drive forretning som et låneselskab eller som et trustselskab i Ontario.
Forbehold IIIA-PT-72
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Credit Unions and Caisses Populaires Act, 1994
, S.O. 1994, c. 11, s. 332
Beskrivelse:
En kreditforening skal være stiftet i Ontario.
Forbehold IIIA-PT-73
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Finansielle formidlingstjenester bortset fra tjenesteydelser i forbindelse med forsikring og pensionsforsikring
Kreditforeninger og caisses populaires
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Credit Unions and Caisses Populaires Act, 1994
, S.O. 1994, c. 11, ss. 23, 91, 160, 332
Beskrivelse:
Kun en fysisk person, som er medlem af kreditforeningen, mindst 18 år og canadisk statsborger, eller en person, som har varig opholdstilladelse i Canada og sædvanlig bopæl i Canada, kan vælges til at være bestyrelsesmedlem i en kreditforening.
Forbehold IIIA-PT-74
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Tjenesteydelser i tilknytning til finansiel formidling bortset fra forsikring og pensionsforsikring
Prioritietslånsmæglere
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Mortgage Brokerages, Lenders and Administrators Act, 2006
, S.O. 2006, c. 29
Mortgage Brokers and Agents: Licensing
, O. Reg. 409/07
Beskrivelse:
En prioritietslånsmægler eller låneagent (begge hverv udøves af en fysisk person) skal have bopæl i Canada.
Forbehold IIIA-PT-75
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Tjenesteydelser i tilknytning til finansiel formidling bortset fra forsikring og pensionsforsikring
Prioritietslånsmæglere
Forbeholdstype:
National behandling
Markedsadgang
Myndighedsniveau:
Provinsen Ontario
Foranstaltninger:
Mortgage Brokerages, Lenders and Administrators Act, 2006
, S.O. 2006, c. 29
Mortgage Brokerages: Licensing
, O. Reg. 408/07
Mortgage Administrators: Licensing, 
O. Reg. 411/07
Beskrivelse:
En prioritietslånsmægler eller låneadministrator (forretningsenheder) skal være et selskab, der er stiftet i en canadisk jurisdiktion, et interessentskab dannet i henhold til lovgivningen i en canadisk jurisdiktion eller en enkeltstående forretningsdrivende, som har bopæl i Canada.
Forbehold IIIA-PT-76
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Commodity Futures Act
, R.S.O. 1990, c. C.20, ss. 22(1), 65
National Instrument 31-103 Registration, Exemptions and Ongoing Registrant
National Instrument 33-109 Registration Requirements and Related Matters
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Ontario.
Forbehold IIIA-PT-77
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Securities Act
, R.S.O. 1990, c. S.5, s. 143
National Instrument 31-103 Registration, Exemptions and Ongoing Registrant
National Instrument 81-102 Mutual Funds
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Prince Edward Island
Forbehold IIIA-PT-78
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Insurance Act, 
R.S.P.E.I. 1988, c. I-4, ss. 24, 26(5), 324
Beskrivelse:
Forsikringstjenesteydelser i Prince Edward Island kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Prince Edward Island
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring eller
f)
gensidige forsikringsselskaber (fraternal societies).
Forbehold IIIA-PT-79
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Insurance Act, 
R.S.P.E.I. 1988, c. I-4
Beskrivelse:
Datterselskaber af udenlandske forsikringsselskaber i Prince Edward Island skal være føderalt autoriserede.
Forbehold IIIA-PT-80
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Trust and Fiduciary Companies Act
, R.S.P.E.I. 1988, c. T-7.1, ss. 26, 27
Extra-provincial Corporations Registration Act
, R.S.P.E.I. 1988, c. E-14, s. 4
Beskrivelse:
For at drive et trust- og låneselskab under Prince Edward Island-ordningen skal en enhed være en juridisk person, som 
Trust and Fiduciary Companies Act
 finder anvendelse på.
Forbehold IIIA-PT-81
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Credit Unions Act
, R.S.P.E.I. 1988, c. C-29.1, ss. 2, 159
Beskrivelse:
Et kreditforening skal være stiftet i Prince Edward Island.
Forbehold IIIA-PT-82
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Securities Act
, R.S.P.E.I. 1988, c. S-3.1
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Prince Edward Island.
Forbehold IIIA-PT-83
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Securities Act
, R.S.P.E.I. 1988, c. S-3.1
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Québec
Forbehold IIIA-PT-84
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act to amend the Act respecting »Québec Health Services«»Les Services de Santé du Québec« and respecting SSQ, Mutuelle de gestion and SSQ, Life Insurance Company Inc.
, S.Q. 1993, c. 107
Beskrivelse:
Efter en tildeling eller overførsel af aktier med stemmeret i aktiekapitalforsikringsselskabet »SSQ, Société d'assurance vie inc« eller holdingselskabet »Groupe SSQ inc« kan ministeren, hvis overførslen giver kontrol med virksomheden til personer, der ikke har bopæl/er etableret, bede sådanne virksomheder om at dokumentere, at aktierne først og fremmest blev tilbudt personer, der har bopæl/er etableret i Québec, og efterfølgende andre personer, der har bopæl/er etableret i Canada, men at der ikke blev fremsat noget tilbud, eller at intet tilbud kunne godtages.
Forbehold IIIA-PT-85
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Caisse de dépôt et placement du Québec, 
C.Q.L.R., c. C-2
Beskrivelse:
Mindst tre fjerdedele af bestyrelsesmedlemmerne skal have bopæl i Québec.
Forbehold IIIA-PT-86
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
National behandling
Markedsadgang
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting insurance
, C.Q.L.R., c. A-32
An Act respecting trust companies and savings companies
, C.Q.L.R., c. S-29.01
Beskrivelse:
1.
Tre fjerdedele af bestyrelsesmedlemmerne i trustselskaber og opsparingsselskaber skal være canadiske statsborgere.
2.
Et flertal af bestyrelsesmedlemmerne i forsikringsselskaber, gensidige forsikringsselskaber, opsparingsselskaber og trustselskaber skal have bopæl i Québec.
3.
Den direkte eller indirekte erhvervelse af canadisk kontrollerede opsparingsselskaber eller trustselskaber foretaget af personer, der ikke har bopæl, er begrænset til 10 pr. individ og 25 procent i alt.
Forbehold IIIA-PT-87
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting insurance
, C.Q.L.R., c. A-32
Beskrivelse:
1.
Enhver juridisk person, som ikke er stiftet i henhold til en lov i Québec, der ikke har sit hovedkontor i Québec, skal, når der ansøges om en licens, udpege en hovedrepræsentant i Québec. Repræsentanten skal være en person med beføjelser, som har bopæl i Québec.
2.
Enhver juridisk person, som ikke er stiftet i henhold til en lov i Québec, har, med henblik på de aktiviteter, der udføres i Québec, rettigheder og forpligtelser som et forsikringsselskab eller et gensidigt forsikringsselskab, der er stiftet i henhold til lovgivningen i Québec, hvis de er strengere. Der kræves også overholdelse af den konstituerende lovgivning, såfremt denne er mere restriktiv.
Forbehold IIIA-PT-88
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting insurance
, C.Q.L.R., c. A-32
Beskrivelse:
Forsikringstjenesteydelser i Québec kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Québec
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab eller
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyds-plan.
Forbehold IIIA-PT-89
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Formidling af forsikringskontrakter vedrørende søtransport og kommerciel luftfart samt opsendelse og fragt i rummet (inklusive satellitter) og genforsikring og retrocession
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the distribution of financial products and services
, C.Q.L.R., c. D-9.2
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Québec.
Forbehold IIIA-PT-90
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting financial services cooperatives
, C.Q.L.R., c. C-67.3
Beskrivelse:
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf skal være stiftet i Québec.
Forbehold IIIA-PT-91
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikringskontrakter vedrørende søtransport og kommerciel luftfart samt opsendelse og fragt i rummet (inklusive satellitter) og varer i international transit
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting Insurance
, C.Q.L.R., c. A-32
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Québec.
Forbehold IIIA-PT-92
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Genforsikring og retrocession
Forbeholdstype:
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting Insurance
, C.Q.L.R., c. A-32
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Québec.
Forbehold IIIA-PT-93
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Regulation 31-103 respecting Registration Requirements, Exceptions and Ongoing Registrant Obligations
, C.Q.L.R., c. V-1.1, r. 10
Securities Act
, C.Q.L.R., c. V-1.1
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Québec.
Forbehold IIIA-PT-94
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Securities Act
, C.Q.L.R., c. V-1.1
Regulation 31-103 respecting Registration Requirements, Exemptions and Ongoing Registrant Obligations
, C.Q.L.R., c. V-1.1, r. 10
Regulation 81-102 respecting Mutual Funds
, C.Q.L.R., c. V-1.1, r. 39
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Saskatchewan
Forbehold IIIA-PT-95
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Saskatchewan Insurance Act
, R.S.S. 1978, c. S-26
Beskrivelse:
Forsikringstjenesteydelser i Saskatchewan kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Saskatchewan
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring eller
f)
gensidige forsikringsselskaber (fraternal societies).
Forbehold IIIA-PT-96
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Saskatchewan Insurance Act
, R.S.S. 1978, c. S-26
Beskrivelse:
Det kræves et gebyr på 10 procent af præmien, der skal betales til provinsen, på forsikring af risici i provinsen af forsikringsselskaber uden licens.
Forbehold IIIA-PT-97
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
Trust and Loan Corporations Act, 1997
, S.S. 1997, c. T-22.2
Beskrivelse:
Krav om stiftelse på føderalt niveau eller provinsniveau af et trust- og låneselskab i Saskatchewan.
Forbehold IIIA-PT-98
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
Trust and Loan Corporations Act, 1997
, S.S. 1997, c. T-22.2
Beskrivelse:
Individuelt eller fælles finansielt ejerskab af canadisk kontrollerede virksomheder, der er stiftet på provinsniveau, kan højst udgøre 10 procent af andelene.
Forbehold IIIA-PT-99
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
National behandling
Øverste ledelse og bestyrelse
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Credit Union Act, 1985
, S.S. 1984-85-86, c. C-45.1
Beskrivelse:
Et bestyrelsesmedlem i en kreditforening i Saskatchewan skal være canadisk statsborger.
Forbehold IIIA-PT-100
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Credit Union Act, 1985
, S.S. 1984-85-86, c. C-45.1
Beskrivelse:
En kreditforening skal være stiftet i Saskatchewan.
Forbehold IIIA-PT-101
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Virksomheder, der udsteder og sælger obligationer til fordel for lokalsamfundet (Community Bonds corporations)
Forbeholdstype:
National behandling
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Community Bonds Act
, S.S. 1990-91, c. C-16.1
Beskrivelse:
Et bestyrelsesmedlem i en Community Bonds corporation skal have bopæl i Saskatchewan.
Forbehold IIIA-PT-102
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
The Securities Commission (Adoption of National Instruments) Regulations
, R.R.S. c. S-42.2 Reg. 3
Beskrivelse:
Krav om registrering med henblik på at handle via forhandlere og mæglere, som ikke har bopæl/er etableret eller registreret i den provins, hvor den pågældende handel finder sted.
Forbehold IIIA-PT-103
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Rådgivning og dermed beslægtede finansielle tjenesteydelser
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
Beskrivelse:
I de tilfælde, hvor en rådgiver yder rådgivning i Saskatchewan, skal sådanne tjenesteydelser leveres via en handelsmæssig tilstedeværelse, og rådgiveren skal være registreret i Saskatchewan som rådgiver.
Forbehold IIIA-PT-104
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Værdipapirforhandlere og -mæglere
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
Beskrivelse:
Værdipapirforhandlere og -mæglere skal være stiftet eller have fortsat deres virksomhed i henhold til lovgivningen på føderalt niveau, provins- eller territorieniveau.
Forbehold IIIA-PT-105
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Securities Act, 1988
, S.S. 1988-89, c. S-42.2
The Securities Commission (Adoption of National Instruments) Regulations
, R.R.S. c. S-42.2 Reg. 3
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis underdepotinstitutionen har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Yukon
Forbehold IIIA-PT-106
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikring og genforsikring samt retrocession
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Insurance Act, 
R.S.Y. 2002, c. 119
Beskrivelse:
Forsikringstjenesteydelser i Yukon kan kun ydes via:
a)
et selskab, der er stiftet i henhold til lovgivningen i Yukon
b)
et forsikringsselskab uden for provinsen, det vil sige, et forsikringsselskab, der er stiftet ved eller i henhold til lovene i en anden canadisk jurisdiktion
c)
en føderalt autoriseret filial af et udenlandsk selskab
d)
en sammenslutning dannet på grundlag af den såkaldte Lloyd's-plan
e)
børser for gensidig forsikring eller
f)
gensidige forsikringsselskaber (fraternal societies).
Forbehold IIIA-PT-107
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Direkte forsikringskontrakter vedrørende søtransport og kommerciel luftfart samt opsendelse og fragt i rummet (inklusive satellitter) og varer i international transit
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Insurance Act, 
R.S.Y. 2002, c. 119
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Yukon.
Forbehold IIIA-PT-108
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Genforsikring og retrocession
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Insurance Act, 
R.S.Y. 2002, c. 119
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Yukon.
Forbehold IIIA-PT-109
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Formidling af forsikringskontrakter vedrørende søtransport og kommerciel luftfart samt opsendelse og fragt i rummet (inklusive satellitter) og genforsikring og retrocession
Forbeholdstype:
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Insurance Act, 
R.S.Y. 2002, c. 119
Beskrivelse:
Tjenesteydelser skal leveres via en handelsmæssig tilstedeværelse i Yukon.
Forbehold IIIA-PT-110
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Trust- og låneselskaber
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Business Corporations Act
, R.S.Y. 2002, c. 20
Beskrivelse:
For at drive et trust- og låneselskab under Yukon-ordningen skal en enhed være en juridisk person, som 
Business Corporations Act
 finder anvendelse på.
Forbehold IIIA-PT-111
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Kreditforeninger, caisses populaires og sammenslutninger eller grupper deraf
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Business Corporations Act
, R.S.Y. 2002, c. 20
Beskrivelse:
En kreditforening skal være stiftet i Yukon.
Forbehold IIIA-PT-112
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel med værdipapirer og råvarefutures — personer
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Business Corporations Act
, R.S.Y. 2002, c. 20
Beskrivelse:
En enkeltperson eller et firma skal være registreret for at handle via forhandlere og mæglere, der ikke har bopæl/er etableret eller registreret i Yukon.
Forbehold IIIA-PT-113
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Værdipapirforhandlere og -mæglere
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Securities Act
, S.Y. 2007, c. 16
Business Corporations Act
, R.S.Y. 2002, c. 20
Beskrivelse:
Værdipapirforhandlere og -mæglere i Yukon skal være stiftet eller have fortsat deres virksomhed i henhold til lovgivningen på føderalt niveau, provins- eller territorieniveau.
Forbehold IIIA-PT-114
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Handel for egen og kunders regning: depottjenesteydelser; handel med værdipapirer og råvarefutures — personer; værdipapirforhandlere og -mæglere; handel med værdipapirer og råvarefutures; rådgivning og dermed beslægtede finansielle tjenesteydelser; forhandlere, mæglere, rådgivere
Forbeholdstype:
National behandling
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Business Corporations Act
, R.S.Y. 2002, c. 20
Beskrivelse:
En individuel ansøger om registrering skal have haft bopæl i Canada i en periode på mindst et år inden ansøgningen og have haft bopæl i den provins, som vedkommende ønsker at drive virksomhed i.
Forbehold IIIA-PT-115
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
National behandling
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Business Corporations Act
, R.S.Y. 2002, c. 20
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
AFSNIT B
Forbehold, der gælder i Canada
(gælder i alle provinser og på alle territorier)
Forbehold IIIB-C-1
Sektor:
Finansielle tjenesteydelser
Delsektor:
Alle
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Beskrivelse:
Canada forbeholder sig ret til at vedtage eller opretholde foranstaltninger om, at føderalt regulerede finansieringsinstitutter med en egenkapital på over 1 mia. CAD inden for tre år skal have nået tærsklen om at have 35 procent af deres stemmeandele i en udvidet ejerkreds opført med henblik på handel på en børs i Canada.
Forbehold IIIB-C-2
Sektor:
Finansielle tjenesteydelser
Delsektor:
Alle
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Nationalt
Beskrivelse:
1.
Canada forbeholder sig ret til at vedtage eller opretholde foranstaltninger, der kræver ministeriel godkendelse, hvis en person (canadisk eller udenlandsk) erhverver aktier i et føderalt reguleret finansieringsinstitut, der er stiftet i henhold til 
Bank Act
, S.C. 1991, c. 46, 
Insurance Companies Act
, S.C. 1991, c. 47 eller 
Trust and Loan Companies Act
, S.C. 1991, c. 45, hvis personen efter erhvervelsen ville være ejer af over 10 procent af en hvilken som helst slags aktier i instituttet.
2.
Canada forbeholder sig ret til at vedtage eller opretholde foranstaltninger, så ingen person (canadisk eller udenlandsk) må eje mere end 20 procent af en hvilken som helst slags stemmeandele eller 30 procent af en hvilken som helst slags aktier uden stemmeret, i:
a)
en bank eller et bankholdingselskab med 12 mia. CAD eller derover i egenkapital eller
b)
et føderalt reguleret finansieringsinstitut, der er etableret i henhold til 
Bank Act
, 
Insurance Companies Act
 eller 
Trust and Loan Companies Act
, og som på tidspunktet for aftalens ikrafttræden har udvidet ejerkreds,
 (
3
)
 da dette kræves, herunder på grund af dets udnævnelse som et nationalt systemisk vigtigt finansieringsinstitut.
3.
Uanset punkt 2, litra a), kan et finansieringsinstitut i Den Europæiske Union, der reguleres som en bank i Den Europæiske Union, eller ethvert andet finansieringsinstitut i Den Europæiske Union, som reguleres i Den Europæiske Union, og som har udvidet ejerkreds, fortsætte med at kontrollere en bank eller et bankholdingselskab, hvis det kontrollerede banken eller bankholdingselskabet den dag, hvor bankens eller bankholdigselskabets egenkapital nåede op på den gældende tærskel for kravet om udvidet ejerkreds, og hvis det har kontrolleret banken siden den dag.
Forbehold IIIB-C-3
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Beskrivelse:
1.
Canada forbeholder sig ret til at vedtage eller opretholde foranstaltninger, der kræver, at en udenlandsk bank etablerer et datterselskab med henblik på at kunne godtage eller bibeholde detailindskud på under 150 000  CAD, medmindre summen af alle indskud på under 150 000  CAD, som bibeholdes af en udenlandsk bank, er på under en procent af det samlede indskud, eller indskuddene foretages af en erfaren investor (f.eks. canadiske føderale regeringer eller provinsregeringer, udenlandske regeringer, internationale udviklingsbanker, som Canada er medlem af, finansieringsinstitutter, visse pensionsfonde og investeringsforeninger og store virksomheder).
2.
Canada forbeholder sig ret til at vedtage eller opretholde foranstaltninger for at forhindre bankfilialer, som udbyder alle banktjenester, og långivende bankfilialer i at blive medlemsinstitutter i Canada Deposit Insurance Corporation.
Forbehold IIIB-C-4
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Nationalt
Beskrivelse:
Canada forbeholder sig ret til at vedtage eller opretholde en foranstaltning, der forhindrer långivende udenlandske bankfilialer i at blive medlemmer af Canadian Payments Association.
Forbehold, der gælder i Alberta
Forbehold IIIB-PT-1
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Alberta
Foranstaltninger:
Securities Act
, R.S.A. 2000, c. S-4
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i British Columbia
Forbehold IIIB-PT-2
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Securities Act
, R.S.B.C. 1996, c. 418
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis underdepotinstitutionen har en egenkapital på mindst 100 mio. CAD.
Forbehold IIIB-PT-3
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen British Columbia
Foranstaltninger:
Insurance Corporation Act
, R.S.B.C. 1996, c. 228
Exclusion Regulation
, B.C. Reg. 153/73
Beskrivelse:
Motorkøretøjsforsikring i British Columbia ydes af statsmonopolet.
Forbehold, der gælder i Manitoba
Forbehold IIIB-PT-4
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Motorkøretøjsforsikring
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
Manitoba Public Insurance Corporation Act
, C.C.S.M. c. P215
Beskrivelse:
Motorkøretøjsforsikring i Manitoba leveres af statsmonopolet.
Forbehold IIIB-PT-5
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Manitoba
Foranstaltninger:
The Securities Act
, C.C.S.M. c. S50
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i New Brunswick
Forbehold IIIB-PT-6
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen New Brunswick
Foranstaltninger:
Securities Act
, S.N.B. 2004, c. S-5.5
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Newfoundland og Labrador
Forbehold IIIB-PT-7
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Newfoundland og Labrador
Foranstaltninger:
Securities Act
, R.S.N.L. 1990, c. S-13
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Northwest Territories
Forbehold IIIB-PT-8
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Northwest Territories
Foranstaltninger:
Securities Act
, S.N.W.T. 2008, c. 10
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Nova Scotia
Forbehold IIIB-PT-9
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Nova Scotia
Foranstaltninger:
Securities Act
, R.S.N.S. 1989, c. 418
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Nunavut
Forbehold IIIB-PT-10
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Nunavut
Foranstaltninger:
Securities Act
, R.S.N.W.T. (Nu.) 1988, c. S-5
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Ontario
Forbehold IIIB-PT-11
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser — tjenesteydelser i forbindelse med forsikring og pensionsforsikring
Forbeholdstype:
National behandling
Mestbegunstigelsesbehandling
Markedsadgang
Grænseoverskridende levering af finansielle tjenesteydelser
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Insurance Act
, R.S.O. 1990, c. I.8, ss. 54(1), 386(1), 386(2), 403
Agents, 
O. Reg. 347/04
Beskrivelse:
Der tildeles fortrinsadgang til forsikringstjenestemarkedet i Ontario til individuelle forsikringsagenter uden bopæl fra Amerikas Forenede Stater (samtlige stater i Amerikas Forenede Stater baseret på gensidighed).
Forbehold IIIB-PT-12
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Ontario
Foranstaltninger:
Securities Act
, R.S.O. 1990, c. S.5, s. 143
National Instrument 31-103 Registration, Exemptions and Ongoing Registrant
National Instrument 81-102 Mutual Funds
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Prince Edward Island
Forbehold IIIB-PT-13
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Prince Edward Island
Foranstaltninger:
Securities Act
, R.S.P.E.I. 1988, c. S-3.1
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Québec
Forbehold IIIB-PT-14
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
An Act respecting the Société de l'assurance automobile du Québec
, C.Q.L.R., c. S-11.011
Beskrivelse:
Bilforsikring med henblik på personskade og dødsfald leveres af statsmonopolet i Québec.
Forbehold IIIB-PT-15
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Beskrivelse:
Godkendelse af indskud i offentlige og halvoffentlige institutioner og administration af pensionsfonde i offentlige og halvoffentlige institutioner foretages af et statsmonopol i Québec.
Forbehold IIIB-PT-16
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Québec
Foranstaltninger:
Securities Act
, C.Q.L.R., c. V-1.1
Regulation 81-102 respecting Mutual Funds
, C.Q.L.R., c. V-1.1, r. 39
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
Forbehold, der gælder i Saskatchewan
Forbehold IIIB-PT-17
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Securities Act, 1988, 
S.S. 1988-89, c. S-42.2
The Securities Commission (Adoption of National Instruments) Regulations
, R.R.S. c. S-42.2 Reg. 3
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis underdepotinstitutionen har en egenkapital på mindst 100 mio. CAD.
Forbehold IIIB-PT-18
Sektor:
Finansielle tjenesteydelser
Delsektor:
Forsikring og forsikringsrelaterede tjenesteydelser
Forbeholdstype:
National behandling
Markedsadgang
Forvaltningsniveau:
Provinsen Saskatchewan
Foranstaltninger:
The Traffic Safety Act
, S.S. 2004, c. T-18.1
The Automobile Accident Insurance Act
, R.S.S. 1978, c. A-35
Beskrivelse:
Motorkøretøjsforsikring leveres af statsmonopolet i Saskatchewan.
Forbehold, der gælder i Yukon
Forbehold IIIB-PT-19
Sektor:
Finansielle tjenesteydelser
Delsektor:
Bankvirksomhed og andre finansielle tjenesteydelser (undtagen forsikring)
Depottjenesteydelser
Forbeholdstype:
Markedsadgang
Forvaltningsniveau:
Territoriet Yukon
Foranstaltninger:
Business Corporations Act
, R.S.Y. 2002, c. 20
Beskrivelse:
Investeringsforeninger, som udbyder værdipapirer i Canada, skal benytte en etableret depotinstitution. En ikke-etableret underdepotinstitution kan benyttes, hvis den har en egenkapital på mindst 100 mio. CAD.
(
1
)
  For eksempel er partnerskaber og enkeltmandsvirksomheder med begrænset eller ubegrænset ansvar generelt ikke acceptable juridiske former for finansieringsinstitutter i Canada. Hensigten med denne indledende note er ikke at påvirke eller på anden måde begrænse en investor fra den anden part, når der træffes et valg mellem filialer eller datterselskaber.
(
2
)
  Det præciseres, at et holdingselskab oprettet under den nationale forbundsret er et finansieringsinstitut i forbindelse med artikel 13.1.
(
3
)
  Med henblik på punkt 2, litra b), anses et finansieringsinstitut for at have en udvidet ejerkreds på datoen for denne aftales ikrafttræden, hvis: 1) der var krav om udvidet ejerkreds den 17. juli 2014, eller 2) hvis der efter den 17. juli 2014, men før datoen for denne aftale ikrafttræden, er truffet beslutning om, at finansieringsinstituttet skal have udvidet ejerkreds, og det ikke har gjort sig rimelige anstrengelser med henblik herpå inden datoen for denne aftales ikrafttræden.

Summary:
Aftale mellem EU og Canada om gensidig anerkendelse (MRA)
RESUMÉ AF:
Samlet økonomi- og handelsaftale (CETA) mellem Canada, EU og EU-landene
Afgørelse (EU) 2017/38 af 
28. oktober 2016
 om midlertidig anvendelse af den samlede økonomi- og handelsaftale (CETA)
HVAD ER FORMÅLET MED AFTALEN OG AFGØRELSEN?
Protokollen om gensidig accept af overensstemmelsesvurderingsresultater (en form for 
aftale om gensidig anerkendelse — MRA
1
) i den 
samlede økonomi- og handelsaftale (CETA)
 har til formål at fremme handel med varer mellem EU og Canada ved at fjerne tekniske handelshindringer.
I henhold til denne bilaterale aftale, som EU godkendte den 
28. oktober 2016
, accepterer EU og Canada de overensstemmelsesvurderinger
2
, som udføres af udpegede organer for bestemte industriprodukter.
Afgørelsen vedrører den midlertidige anvendelse af CETA’en.
HOVEDPUNKTER
Aftalen omfatter følgende sektorer:
elektrisk og elektronisk udstyr, herunder elektriske installationer og apparater samt komponenter dertil 
radio- og teleterminaludstyr 
elektromagnetisk kompatibilitet
3
 
legetøj 
byggevarer 
maskiner, herunder dele, komponenter og udskifteligt udstyr 
måleinstrumenter 
varmtvandskedler, inkl. apparater dertil 
udstyr, maskiner, apparater, anordninger og systemer til forebyggelse og påvisning til anvendelse i eksplosionsfarlig atmosfære (
ATEX-udstyr
) 
udstyr til reduktion af støj udendørs 
fritidsfartøjer, inkl. komponenter dertil. 
Protokollen:
giver europæiske og canadiske virksomheder mulighed for at afprøve og certificere deres produkter i henholdsvis EU og Canada i henhold til den anden parts krav før eksport til Canada eller EU 
kræver, at EU og Canada, inden for tre år efter aftalens ikrafttrædelse, overvejer at medtage andre produktsektorer i CETA-protokollen 
udpeger følgende prioriterede varer med henblik på eventuel medtagelse:
medicinsk udstyr og tilbehør
trykbærende udstyr, inkl. beholdere, rør, tilbehør og sæt
gasapparater
personlige værnemidler
jernbanesystemer
udstyr om bord på et skib
undtager specifikt visse varer såsom landbrugs- og hygiejneprodukter 
indeholder bestemmelser om anerkendelse af akkreditering, udpegelse og tilbagetrækning af overensstemmelsesvurderingsorganer
4
 
godkender, at EU og Canada begrænser salget af et produkt, der er godkendt af et udpeget overensstemmelsesvurderingsorgan, hvis de mener, det ikke opfylder de fastsatte krav 
opfordrer EU og Canada til at oprette kontaktpunkter til at varetage den indbyrdes kommunikation 
fastslår, at Udvalget for Varehandel, som er nedsat ved CETA, vil:
forvalte gennemførelsen af protokollen
løse ethvert spørgsmål, der måtte opstå
overveje eventuelle ændringer og henstillinger
rapportere til Det Blandede CETA-Udvalg om gennemførelsen af protokollen.
HVORNÅR GÆLDER AFGØRELSEN OG AFTALEN FRA?
Afgørelsen trådte i kraft den 
28. oktober 2016
. CETA trådte midlertidigt i kraft den 
21. september 2017
. CETA kan først træde helt og definitivt i kraft, når alle EU-lande har ratificeret aftalen i overensstemmelse med de enkelte landes respektive konstitutionelle krav.
BAGGRUND
Med CETA’s midlertidige ikrafttrædelse, ophæver CETA-protokollen den oprindelige MRA mellem EU og Canada, som blev ratificeret i 1998.
I henhold til artikel 
207
 og 
218
 i traktaten om Den Europæiske Unions funktionsmåde forhandler 
Europa-Kommissionen
 internationale handelsaftaler på vegne af EU-landene.
I deres 
resolution
 af 
21. december 1989
 vedtog EU-landene principperne i MRA’erne. Den 
21. september 1992
 gav de Kommissionen bemyndigelse til at forhandle aftaler om gensidige anerkendelse på vegne af EU med en række ikke-EU-lande.
For yderligere oplysninger henvises til:
Aftaler om gensidig anerkendelse
 (
Europa-Kommissionen
). 
VIGTIGE BEGREBER
 
Aftale om gensidig anerkendelse:
 en international aftale, der indebærer, at to eller flere lande gensidigt accepterer parternes overensstemmelsesvurderingsresultater.
Overensstemmelsesvurdering:
 en procedure, hvor et produkt, før det bringes på markedet, bliver testet, inspiceret og certificeret for at sikre, at det er i overensstemmelse med al relevant lovgivning.
Elektromagnetisk kompatibilitet:
 udstyrs evne til at fungere tilfredsstillende i sit elektromagnetiske miljø uden at frembringe elektromagnetiske forstyrrelser, der er uantagelige for andet udstyr i dette miljø. Alle elektroniske apparater kan fremkalde elektromagnetiske felter.
Overensstemmelsesvurderingsorgan:
 et organ, der vurderer, om et produkt opfylder de relevante lovkrav.
HOVEDDOKUMENTER
Samlet økonomi- og handelsaftale (CETA)
 mellem Canada på den ene side og Den Europæiske Union og dens medlemsstater på den anden side (EUT L 11 af 
14.1.2017
, 
s. 23-1079
).
Rådets afgørelse (EU) 
2017/38
 af 
28. oktober 2016
 om midlertidig anvendelse af den samlede økonomi- og handelsaftale (CETA) mellem Canada på den ene side og Den Europæiske Union og dens medlemsstater på den anden side (EUT L 11 af 
14.1.2017
, 
s. 1080-1081
).
TILHØRENDE DOKUMENTER
Rådets afgørelse (EU) 
2017/37
 af 
28. oktober 2016
 om undertegnelse på Den Europæiske Unions vegne af den samlede økonomi- og handelsaftale (CETA) mellem Canada på den ene side og Den Europæiske Union og dens medlemsstater på den anden side (EUT L 11 af 
14.1.2017
, 
s. 1-2
).
Konsolideret udgave af traktaten om Den Europæiske Unions funktionsmåde — Femte del — Unionens optræden udadtil — Afsnit II — Den fælles handelspolitik — 
Artikel 207
 (tidl. artikel 133 i TEF) (EUT C 202 af 
7.6.2016
, 
s. 140-141
).
Konsolideret udgave af traktaten om Den Europæiske Unions funktionsmåde — Femte del — Unionens optræden udadtil — Afsnit V — Internationale aftaler — 
Artikel 218
 (tidl. artikel 300 i TEF) (EUT C 202 af 
7.6.2016
, 
s. 144-146
).
Rådets 
resolution
 af 
21. december 1989
 om en global metode for overensstemmelsesvurdering (EFT C 10 af 
16.1.1990
, 
s. 1-2
).
seneste ajourføring 
23.7.2018